Chapter IV SURVEY AND SETTLEMENT OF LAND REVENUE

(1) As soon as may be after the commencement of this Act, the Government shall take steps to institute and shall cause to be constantly maintained, in accordance with the rules made under this Act; an inquiry into the profits of agriculture and into the value of land used for agricultural and non-agricultural purposes. (2) For the purpose of determining the profits of agriculture, the following matters shall be taken into account in estimating the cost of cultivation, namely : (a) the depreciation of stock and buildings ; (b) the money equivalent of the labour and supervision by the cultivator and his family (c) all other expenses usually incurred in the cultivation of the land which is under inquiry ; and (d) interest on the cost of buildings and stock, on all expenditure for seed and manure and on the cost of agricultural operations paid for in cash.

Whenever the Government thinks it expedient so to do, it may by notification in the official Gazette, direct the revenue survey of any local area with a view to the settlement of the land. revenue and to the preparation of a record of right connected therewith or the revision of any existing settlement or record of rights.

A survey officer deputed to conduct or take part in any revenue survey may, by special order or by general notice to be published in the prescribed manner, require the attendance of holders of lands to assist in the measurement or classification of the lands to which the revenue survey extends and, when hired labour is employed for purposes incidental to the revenue survey, may assess and apportion the cost thereof on the lands surveyed, for collection as land revenue due on such lands.

Subject to the rules made in this behalf under this Act, the survey officer may :- (a) divide the land to which the revenue survey extends into villages and the villages into plots survey numbers ; and (b) recognise the existing village and survey numbers, reconstitute them or form new survey numbers.

The Survey Officer may sub-divide survey numbers into as many sub-divisions as may be required in the manner prescribed.

It shall be the duty of the survey officer or the settlement officer on the occasion of making or revising a settlement of land revenue to prepare a register to be called the "settlement register", showing the area and assessment of each survey number, with any other particulars that may be prescribed, and other records in accordance with such orders as may, from time to time, be made in this behalf by the Government.

(1) The Government may at any time direct the determination or the revision of the revenue-rates for all lands in any area of which a revenue survey has been made. (2) For the purpose of determining the revenue rates, the settlement officer may divide any area into units and in forming such units, he shall have regard to the physical features, agricultural and economic conditions, and shall then determine the revenue-rates for different classes of lands in each such unit in the manner prescribed and in particular, in the case of agricultural land, to the profits of agriculture, to the consideration paid for leases, to the market prices of land to the principal monies on mortages and in the case of non-agricultural land, to the value of the land for the purpose for which it is held.

(1) The settlement officer shall prepare a table of revenue-rates in the prescribed form and publish it in the prescribed manner for the prescribed period. (2) Any person objecting to any entry in the table of revenue may present petition in writing to the settlement officer within the prescribed period and the settlement officer shall consider such objections after giving a hearing to the objector. (3) The Settlement officer shall submit the table of revenue-rates to the Government together with a summary of objections, if any, his decisions on such objections and a statement of the grounds in support of his proposals.

(1) The Government may confirm the table of revenue rates submitted to it by the settlement officer with such modifications, if any, as it may consider necessary. (2) The table of revenue-rates confirmed under sub-section (1) shall be finally published in the official Gazette.

The table of revenue-rates published under section 29 shall be incorporated in and form part of the settlement register of the village.

When the revenue-rates are determined under this chapter in respect of any area, such rates shall take effect from the beginning of the year next after the date of final publication of the table of revenue rates under section 29.

(1) When the table of revenue-rates for any area has been finally published, the rates specified therein shall remain in force for a period of thirty years. (2) Notwithstanding any thing contained in sub-section (1 )- (a) revenue-rates may be altered or revised in any year after the expiry of every ten years from the date on which the table of revenue-rates was introduced, in such manner and to such extent as may be prescribed ; (b) When the circumstances of a local area are such that a fresh determination of the revenue-rates is in the opinion of the Government inexpedient, it may extend the term of settlement by such further period as it may think necessary rates.

(1) The settlement officer shall calculate the assessment on each holding in accordance with the revenue-rates confirmed and finally publish under section 30 and such assessment shall be the fair assessment. (2) The settlement officer shall have the power to make fair assessment on all lands whatsoever to which the revenue-survey extends, whether such lands are held with liability to pay full land revenue or land revenue at concessional rates or are held revenue free. (3) The fair assessment of all lands shall be calculated in accordance with rules made in this behalf and having regard to the following principles, namely:- (a) no regard shall be had to any claim to hold land on privileged terms ; (b) regard shall be had in the case of agricultural land to the profits of agriculture, to the consideration paid for leases, to the market prices of land and to the principal monies on mortgages, and in the case of non-agricultural land, to the value of the land for the purpose for which it is held ; (c) where any improvement has been effected any time in any holding held for the purpose of agriculture by or at the expense of the holder thereof, the fair assessment of such holding shall be fixed as if the improvement had not been made.

Notwithstanding anything contained in this chapter, the Government may direct that any land in respect of which the rate of revenue has been determined shall be liable to be assessed to additional land revenue during the term of the settlement for additional advantages accruing to it from water received on account of irrigation works or improvements in existing irrigation works completed after the table of revenue-rates came into force and not effected by or at the expense of the holder of the land.

Notwithstanding anything contained in this Chapter, all survey operations commenced under any law, executive or procedural instructions for the time being in force and continuing at the commencement of this Act shall be deemed to have been commenced and to be continuing under the provisions of this chapter, and all revenue-rates in force at such commencement shall be deemed to have been determined and introduced in accordance with the provisions of this chapter and shall remain in force until the introduction of revised revenue-rates and such revised revenue rates may be introduced at any time, notwithstanding anything contained in section 32.

(1) The powers and duties exercisable by the officers referred to in section 6 may also be exercised during the term of settlement, by the Deputy Commissioner or such other revenue officer as may be specified by the Government for the purpose, by notification in the official Gazette. (2) The Deputy Commissioner, may, at any time during the term of settlement, correct any error in the area or the assessment or any survey number or sub-division due to a mistake of survey or arithmetical miscalculation.