Chapter XIIL - Supplemental provisions, revenue deposits

Power to deposit certain sums other than rent. (1) In either of the following cases, namely:-(a) when a Nambardar of other landowner, or assignee of land revenue, to whom any sum other than rent is payable on account of a liability under this Act, refuses to receive the sum from or to grant a receipt therefor to the person by whom it is payable, (b) when the person by whom any such sum is payable is in doubt as to the Nambardar or other landowner or the assignee of land revenue, entitled to receive it, that person may apply to a Revenue Officer for leave to deposit the sum in his office, and the Revenue Officer shall receive the deposit if, after examining the applicant, he is satisfied that there is sufficient ground for the application, and if the applicant pays the fee, if any, which may be chargeable on any notice to be issued of the receipt thereof. (2) When a deposit has been so received, the liability of the depositor to the Nambardar or other landowner or the assignee of land revenue, for the amount thereof shall be discharged.

Procedure in case of deposit on account of a payment due to Government. If the deposit purports to be made on account of deposit on account of any payment due to the State, it may be credited accordingly.

Procedure in case of other deposits. (1) A Revenue Officer receiving a deposit purporting to be made on any other account shall give notice of the receipt thereof to every person who he has reason to believe claims or is entitled to the deposit, and may pay the amount thereof to any person appearing to him to be entitled to the same, or may, if he thinks fit, retain the deposit pending the decision of a Civil Court as to the person so entitled. (2) No suit or other proceeding shall be instituted against the State or against any officer of the State, in respect of anything done by a Revenue Officer under this section but nothing in this sub-section shall prevent any person entitled to receive the amount of any such deposit from a person to whom it has been paid by a Revenue Officer.

Orders issued by any Civil or Criminal Court for the attachment, sale or delivery of any land, or interest in land, or for the attachment or sale of the produce of any land, shall be addressed to the Collector or such Revenue Officer as the Collector may appoint in this behalf, and be executed by the Collector or that officer in accordance with the provisions of the law applicable to the Court issuing the orders and with any rules consistent, therewith made by the Financial Commissioner with the concurrence of the High Court and the previous sanction of the State Government.

Attachment of assigned land-revenue. (1) Notwithstanding anything in any other enactment for the time being in force, an order issued by

(1) The attachment of the produce of any land in pursuance of an order of any court or other authority shall not prevent the person to whom the produce belongs from reaping, gathering or storing it or doing any other act necessary for its preservation. (2) The attaching officer shall do or cause to be done all acts necessary for the preservation of the produce if the person to whom it belongs fails to do so. (3) When sale of -produce follows on its attachment, the purchaser shall be entitled, by himself or by any person appointed by him in this behalf to enter on the place where the produce is and do all that is necessary for the purpose of preserving and removing it.

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At any of the following times, namely- (a) when a record-of rights is being made or specially revised for an estate; (b) when the local area in which an estate is situate is being generally reassessed and before the assessment has been confirmed; (c) at any other time on an order made with respect to any estate by the State Government; a Revenue Officer shall prepare a list of village-cesses, if any, levied in the estate which have been generally or specially approved by the state Government or the title to which has, before the passing of this Act, been judicially established. (2) The State Government may impose on the collection of any village cess comprised in the list such conditions as to police or other establishment connected with the village, market or fair in or on account of which the cess is levied, as it thinks fit. (3) The State Government may declare whether any cess, contribution or due levied in an estate is or is not a village-cess. (4) A declaration of the State Government under the last foregoing sub-section shall be conclusive, and shall not be liable to be questioned in any Court.

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(1) When land of which the land revenue has been assigned in whole or in part is reassessed the assignee shall be liable to pay such a share of the cost of making the reassessment as the Financial Commissioner may determine to be just. (2) That share may be recovered by the Collector by deduction of the amount thereof from the land-revenue due to the assignee.

(1) Notwithstanding anything contained in any law or agreement, the State Government may in accordance with rules, cancel any remission or assignment of land revenue, sanctioned before the enforcement of this Act. (2) The State Government may, for the purpose of sub-section (1), make rules after previous publication in the Official Gazette.

Penalty for failure to attend within limits of estate in obedience to order of Revenue Officers. If a person required by a summons, notice, order or proclamation proceedings from a Revenue Officer to attend at a certain time and place within the limits of the estate in which he ordinarily resides, or in which he holds or cultivates land, fail to comply with the requisition, he shall be liable at the discretion of the Revenue Officer to a fine which may extend to fifty rupees.

Prevention of encroachment on common lands. (1) Where Government land or land which has been reserved for the site of village or for the common purposes or uses of the estate right holders or of the co-sharers therein, has been encroached upon by any person or co-sharer for any purpose including construction of a building or other structures or by planting trees therein, then- (a) the Revenue Officer may of his own motion or on the report of patwari of the circle duly verified by the Kanungo of the Circle or on the application of any estate right holder or co-sharers, after giving reasonable opportunity of being heard, shall eject him from such land by order within six months from the date of taking of cognizance or from the date of receipt of such report or from the date of filing of such application, as the case may be, however, the period may further be extended upto three months for the reasons to be recorded in writing, in the manner prescribed; (b) if the encroacher has erected any building or other structure or has planted trees on the encroached land, the same shall, in the prescribed manner, vest in the State Government free from all encumbrances: Provided that if the building or structure attachments thereto are situated partly in the owned land of the encroacher and partly on the encroached land, the Revenue Officer shall be competent to demolish the portion of the building or structure on the encroached land if the encroacher fails to demolish it himself as ordered by the Revenue Officer; and (c) the Revenue Officer shall impose upon the encroacher a fine upto Rs. 20,000/- or the prevalent market value of the land, whichever is higher per bigha or part thereof, which shall be recoverable, as if it were an arrear of land revenue. (2) If a person who has been evicted from any land under this section again occupies the land without authority for such occupation, he shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to fifty thousand rupees or double the prevalent market value of the land, whichever is higher rupees or with both: Provided that no court shall take cognizance under this sub-section of an offence unless a report in writing is made by a Revenue Officer not below the rank of Assistant Collector First Grade. (3) When there is a question as to title or to the adverse possession, wherein the possession is claimed by an encroacher for a period beyond thirty years in relation to the land from which ejectment is made or is to be made under this section, the Revenue Officer, not below the rank of an Assistant Collector of the First Grade, may proceed to determine the question, as if he were a civil court and shall exercise all such powers as are exercisable by a civil court. (4) For the determination of the question under sub-section (3), the Revenue Officer shall follow the same procedure as is applicable to the trail of an original suit by a civil court, and he shall record a judgement and decree containing the particulars required by the Code of Civil Procedure, 1908 (5 of 1908) to be specified therein. (5) An appeal from the decree of the Revenue Officer made under sub-section (4) shall lie to the District Judge as if that decree were a decree of a Subordinate Judge in an original suit. (6) A further appeal from the appellate decree of a District Judge upon an appeal under sub-section (5), shall lie to the High Court only if the High Court is satisfied that a substantial question of law is involved. (7) No suit or other legal proceeding shall lie against the Revenue Officer or any person acting under this section in respect of anything in good faith done or purported to have been done under the provisions thereof or the rules made thereunder. Explanation.- For the purposes of this section, any person who holds land under a lease granted by the Government for a fixed term and continues to be in possession of the land beyond the expiry of the period of lease shall be deemed to be encroacher unless such person gets the lease extended or renewed.

Papers kept by village officers to be deemed public documents. (1) Any record or paper which a village officer is required by law, or by any rule under this Act, to prepare or keep shall be deemed to be the property of the State Government. (2) A village officer shall, with respect to any such record or paper in his custody, be deemed for the purpose of the Indian Evidence Act, 1872, to be a public officer having the custody of a public document which any person has a right to inspect.

(1) A Revenue Officer may give and apportion the costs of any proceeding under this Act in any manner he thinks fit. (2) But, if he orders that the cost of any such proceeding shall not follow the event, he shall record his reasons for the order.

Computation of periods limited for appeals and application for review. In the computation of the period for an appeal from, or application for the review of, an order under this Act the limitation therefor shall be governed by The Limitation Act, 1963.

Restriction on Revenue Officer’s bidding at auction or trading. (1) A Revenue Officer, or a person employed in a revenue office shall not-

(1) The Financial Commissioner may, in addition to the other rules which may be made by him under this Act, make rules consistent with this Act and any other enactment for the time being in force-(a) fixing the number and amount of the instalments, land the times and places and the manner, by, at and in which any sum other than rent or land revenue which is payable under this Act or of which a record has been made thereunder to be paid; (b) fixing the dates on which profits are to be divisible by Nambardar or other persons by whom they are realised on behalf of co-sharers; (c) prescribing the fees to be charged for the service and execution of processes issued by Revenue Officers and Revenue courts, the mode in which those fees are to be collected, the number of persons to be employed in the service and execution of those processes, and the remuneration and duties of those persons; (d) regulating the procedure in cases where persons are entitled to inspect records of Revenue Officers, or records or papers in the custody village officers, or to obtain copies of the same and prescribing the fees payable for searches and copies; (e) prescribing forms for such books’ entries, statistics and accounts as the Financial Commissioner thinks necessary to be kept, made or compiled in revenue offices, or submitted to any authority; (f) declaring what shall be the language of any of those offices; and (g) generally for carrying out the purposes of this Act. (2) Until rules are made under clauses (a) and (b) of sub-section (1) the sums therein referred to shall be payable by the instalments at the times and places, and in the manner by, at and in which they are now payable. (3) Rules made by the Financial Commissioner under this or any other section of this Act, shall not take effect until they have been sanctioned by the state government

The power to make any rules under this Act is subject to the condition of the rules being made after previous publication.

All powers conferred by this Act on the Financial Commissioner may be exercised from time to time as occasion requires.

Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue Officers. Except as otherwise provided by this Act-(1) A Civil Court shall not have jurisdiction in any matter which the State Government or a Revenue Officer is empowered by this Act, to dispose of or take cognizance of the manner in which the State Government or any Revenue Officer exercises any powers vested in it or him by or under this Act; (2) a Civil Court shall not exercise jurisdiction over any of the following matters, namely-(i) any question as to the limits of any land which has been defined by a Revenue Officer as land to which this Act does or does not apply; (ii) any claim to compel the performance of any duties imposed by this Act or any other enactment for the time being in force on any Revenue Officer as such; (iii) any claims to the office of kanungo, or village officer, or in respect of any injury caused by exclusion from such office, or to compel the performance of the duties or a division of the emoluments thereof; (iv) any notification directing the making or revision of a record-of-rights; (v) the framing of a record-of-rights or periodical record or the preparation, signing or attestation of any of the documents included in such a record; (v-a) order regarding complete remeasurement of an estate or sub-estate under section 33-A of this Act; (vi) the correction of any entry in a record-of-rights, periodical record or register of mutations; (vi-a) correction of clerical errors under section 38-A of this Act; (vii) any notification of the undertaking of the general reassessment of a district or tehsil having been sanctioned by the State Government; (viii) the claim of any person to be liable for an assessment of land-revenue or of any other revenue assessed under this Act; (ix) the amount of land revenue to be assessed on any estate or to be paid in respect of any holding under this Act; (x) the amount of, or the liability of any person to pay, any other revenue to be assessed under this Act, or any cess, charge or rate to be assessed on an estate or holding under this Act or any other enactment for the time being in force; (xi) any claim relating to the allowance to be received by a landowner who has given notice of his refusal to be liable for an assessment, or any claim connected with, or arising out of, any proceeding taken in consequence of the refusal of any person to be liable for an assessment under this Act; (xii) the formation of an estate out of wasteland; (xii-a) formation of sub-division of an estate or merger of sub-estates or estates etc. under section 34-A of this Act; (xiii) any claim to hold free of revenue any land, mills, fisheries or natural products of land or water; (xiv) any claim connected with, or arising out of, the collection by the State Government, or the enforcement by the Government of any process for recovery of land revenue or any sum recoverable as an arrear of land revenue; (xv) any claim to set aside, on any ground other than fraud, a sale for the recovery of an arrear of land revenue of any sum recoverable as an arrear of land revenue; (xvi) the amount of, or the liability of any person to pay any fees, fines, costs or other charges imposed under this Act; (xvii) any claim for partition of an estate, holding or tenancy, or any question connected with, or arising out of proceedings for partition not being a question as to title in any of the property of which partition is sought; (xviii) any question as to allotment of land on the partition of an estate holding or tenancy, or as to the distribution of land subject to established custom to periodical redistribution or as to the distribution of land revenue on the partition of an estate or holding or on a periodical redistribution of land, or as to the distribution of rent on the partition of a tenancy; (xix) any question connected with or arising out of or relating to any proceedings for the determination of boundaries of estates subject to river action under sections 108, 109, 110 and 111 respectively of Chapter VIII; (xx) any claim to set aside or disturb a division or appraisement of produce confirmed or varied by a Revenue Officer under this Act; (xxi) any question relating to the preparation of a list of village cesses or the imposition by the State Government of conditions on the collection of such cesses; (xxii) any proceeding under this Act for the commutation of the dues of a superior land owner; (xxiii) any claim arising out of the enforcement of an agreement to render public service in lieu of paying land revenue; (xxiv) any claim arising out of the liability of an assignee of land revenue to pay a share of the cost of collecting or reassessing such revenue, or arising out of the liability of an assignee to pay out of assigned land revenue, or of a person who would be liable for land revenue, if it had not been released, compounded for, or redeemed, to pay on the land revenue for which he would, but for such release, composition or redemption, be liable, such a percentage for the remuneration of a village officer as may be prescribed by rules for the time being in force under this Act; or (xxv) any question, as to any land or any right to, or title or interest in, the land which is an encroached land or in relation to which any person claims that it has vested or is deemed to have vested in him and that he cannot be ejected therefrom under sub-section (1) of section 163; (xxvi) the ejectment of any person under section 163 or the recovery of damages or fine payable under sub-section (1) of that section.