section 9
Collector may serve notice on holder calling on him to state whether he is willing to accept settlement or demands formal inquiry into title
The Exemptions from Land-Revenue (No.2) Act, 1863Clause 1st.—In order to ascertain whether a holder of lands, wholly or partially exempt from payment of land-revenue, desires to accept the settlement described in sections 6 and 7, it shall be lawful for the Collector of each district, or for any other officer duly authorized by him, to serve or to cause to be served a notice in writing upon the holder of such lands, calling upon him to state whether he is willing to accept and abide by the settlement aforesaid, or whether he demands formal inquiry into his title.
Clause 2nd.—The notice shall be in the prevailing language of the district in which the lands are situate, and shall explain the nature of the alternatives offered [on the part of the Provincial Government].
Clause 3rd.—It shall be served upon the person holding, or registered in the Government land-registers as holding, the lands wholly or partially exempt from the land-revenue as aforesaid, if he be resident within the limits of the [district].
Clause 4th.—If such persons as last aforesaid be not resident within the [district], the notice shall be served upon any person acting for the aforesaid in respect of the lands.
Clause 5th.—When more persons than one hold jointly lands wholly or partially exempt from land-revenue, service of notice upon any one of them shall in every case be sufficient.
Clause 6th.—If the holder be known to reside in another [district] of the Bombay Presidency, and if there be no person acting for him in the [district] in which the lands are situate, the notice shall be sent to the Collector of such other [district] and served or caused to be served by him.
Clause 7th.—If there be not any person acting for the holder, and if he cannot be found, the notice shall be served upon some one of the actual occupants of the land (if any), and a copy of such notice shall be posted in the office of the Collector and of the chief revenue-officer of the taluka or other sub-division of the [district], and in the chauri or most public place in the village where the lands are situate.
Clause 8th.—If within six months after the service of such notice in manner aforesaid the person holding the lands whooly or partially exempt from revenue as aforesaid, or his legally constituted agent, shall not given an answer in writing to such notice, stating clearly in such answer that he declines the settlement, and demands an inquiry into the title to such exemption as aforesaid, he shall be deemed to have finally dispensed with such inquiry, and the lands shall be dealt with under sections 2 and 6 and the rules annexed to said section 6.
If no holder or owner discovered, land to be fully assessed. If no holder or owner can be discovered, the land shall be fully assessed to the public revenue, and shall continue to be so assessed unless some person shall, within the period allowed by the law of limitations, appear and prove his title to it.
Clause 9th.—In the event of any dispute arising as to the sufficiency of the service of any notice or notices under this section, or as to its maning, or as to its having been given within the time required by this Act, the matter so in dispute shall be inquired into by the officer appointed under section 12, and the decision of such officer as aforesaid shall be final, and not open to appeal or question in any Civil Court or elsewhere.
Except that in any case in which the notice has been served by the officer making an inquiry under this section, an appeal against his decision as to the sufficiency of such notice shall lie within thirty days to the Commissioner whose decision shall be final.
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