Chapter III SETTLEMENT AND ASSESSMENT

(1) The Government may, at any time, direct a settlement in respect of any land for which survey operations have been taken up under the provisions of the Puducherry Survey and Boundaries Act, 1967 (Act No. 8 of 1967).

(2) The Government may also direct at any time a fresh settlement (hereinafter referred to as resettlement) of the assessment of such land:

Provided that no enhancement of assessment shall take effect before the expiration of the settlement for the time being in force.

(1) The assessment on all lands in respect of which a settlement or resettlement has been directed under section 6 shall be determined by dividing the land to be settled into groups and sub-dividing each group into classes and fixing the rates for each group or class, as the case may be.

(2) The groups and classes shall ordinarily be formed on a consideration of the following factors, namely: -

(a) soil and physical configuration; (b) yield of principal crops and their prices; (c) facilities of irrigation and rainfall:

Provided that, if deemed necessary, the following additional factors may also be taken into consideration for forming groups or classes, namely: --

(a) marketing facilities;

(b) agricultural resources;

(c) communications;

(d) population and supply of labour;

(e) wages and ordinary expenses for cultivation of principal crops; and

(f) sale value of lands used for agriculture.

(3) The assessment of individual survey numbers and sub-divisions shall be based on the rates fixed for the respective groups and classes.

(1) In making a settlement or resettlement, the Settlement Officer shall—

(a) divide the lands to be settled into groups and classes; and (b) fix the rates of assessment for each group or class.

(2) Before lands are divided or rates fixed under sub-section (1), the Settlement Officer shall hold such enquiry as he considers necessary for the purpose and in such manner as may be prescribed.

(3) In fixing the rates according to sub-section (1), regard shall be had to the cost of agricultural land, to the profits of agriculture, consideration paid for leases, sale prices of land and the principal moneys on mortgages, and in the case of non-agricultural land to the value of the land for the purposes for which it is held.

(4) The settlement Officer shall submit to the Government through the Director a report (hereinafter referred to as the Scheme Report) containing proposals for settlement in respect of each zone.

(5) The Government shall, after considering the scheme Report and the comments thereon, if any, of the Director, approve the Scheme Report with or without modification.

(6) No Scheme Report approved by the Government under subsection (5), shall be brought into force unless it has been laid before the Legislative Assembly of Puducherry and has been approved by a resolution of that Assembly either with or without modification, but upon such approval being given, the Scheme Report shall be published in the Official Gazette in the form in which it has been so approved.

(7) The Government, while publishing the Scheme Report under sub-section (6), shall also specify the fasli from which the settlement covered by the Scheme Report shall be introduced by Settlement Officer.

(1) A settlement introduced under section 8 shall remain in force for a period of thirty years:

Provided that, when, in the opinion of the Government, a fresh settlement at the expiration of thirty years is inexpedient or has for any cause been delayed, the Government may extend the term of the settlement for the time being in force for such period as it may think fit.

(2) Notwithstanding anything contained in sub-section (1), the Government may, in accordance with general or special orders made in this behalf, grant reduction, suspension or remission in whole or in part of the assessment in any area in any year due to failure of crops, floods, or any other natural calamity or any reason whatsoever.

All lands at the disposal of the Government and all Government lands which are in the possession and enjoyment of the Communes on the date of commencement of this Act and which are used or which may be required for communal, public or Government purposes shall be registered as porambokes during the settlement:

Provided that such of the Government lands, as are at the disposal of the Communes for remunerative purposes and assessed to land tax before the commencement of this Act shall be registered in the holding of the respective Communes on such terms and conditions as may be prescribed.

Every registered holder shall, for each fasli commencing from the fasli in which settlement is introduced, be primarily liable to pay to the Government in respect of all lands included in his holding, the assessment fixed under this Act:

Provided that the payment of assessment under this section shall not affect any right or obligation of religious, charitable or educational institutions in respect of manyam lands.

Notwithstanding anything contained in this Act, the Government may, at any time during the settlement for the time being in force,-

(a) impose additional assessment, not exceeding twice the amount of highest wet rate of assessment in force, for additional advantages accruing to any land on which wet crops are or may hereafter be raised, from water received on account of execution of fresh irrigation works or improvements effected by the Government in existing irrigation works completed after the introduction of the settlement, or by intercepting surface rain water or water flowing to any recognised source of irrigation;

(b) impose whatever additional assessment or ground rent on all sites of buildings and the appurtenances thereto situated within the limits of Municipal towns and other areas declared as towns by a notification and on all lands used for non-agricultural purposes, whether built upon or not, similarly situated, at a specified rate not exceeding Rs.62.50 P. per hectare for the purpose.

(c) impose a levy on all fruit bearing trees standing on porambokes, waste and other lands at the disposal of the Government, at a rate not exceeding Rs.10 per tree, such levy being payable to the Government by persons who enjoy the benefits arising out of such trees.