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Land Rights in Assam: An Analysis of the Assam Land and Revenue Regulation, 1886, Summaries of Law

This document delves into the intricate system of land rights in assam, focusing on the assam land and revenue regulation, 1886. It explores various land classifications, rights of proprietors, landholders, and settlement holders, and the procedures for acquiring landholder status. The document also examines the disposal of waste land, the process of land survey and demarcation, and the assessment of land revenue. It provides a comprehensive overview of the legal framework governing land ownership and management in assam.

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Land Tenure and Revenue
Administration in Assam
Land Law of Assam
Legislative History of the Assam Land and Revenue
Regulation, 1886
The legislative history of the Assam Land and Revenue Regulation (ALRR),
1886 begins with the Settlement Rules of 1870. These rules incorporated
decisions made between the Government of India, the Board of Revenue,
and Col. Hopkinson, the then Commissioner of Assam. The Settlement Rules
of 1870 divided all cultivation into fixed cultivation and fluctuating
cultivation.
For fixed cultivation, the cultivator was given the option of taking a lease for
up to ten years. This lease gave the cultivator heritable and transferable
rights, as well as a guarantee against revenue enhancement during the lease
term. The lessee could also relinquish the land by giving 3 months' notice.
For fluctuating cultivation, the Settlement Rules of 1870 allowed only annual
leases. If the government required the land for a public purpose, it could
take the land without paying compensation for the land itself, but would pay
compensation for the loss of crops or houses.
The Assam Land & Revenue Regulation, 1886 was enacted on this
background. It recognized the rights of the existing proprietor class and
incorporated two new classes of landholders and settlement-holders other
than landholders. The regulation conferred permanent, heritable, and
transferable rights in the land on the landholders, but did not grant such
rights to the settlement-holders other than landholders.
The Decennial Settlement Rules of 1883 adopted the principle of ten-yearly
settlement of permanently held lands, introducing a system of ten-year
leases that conferred permanent, heritable, and transferable rights in the
land on the leaseholders.
Early History of Revenue Administration in Assam under
British Rule
At the dawn of British rule, the old native system of revenue administration
was prevalent. Each Paik (a unit of labor service) was assessed at Rs. 3/- for
their Basti (homestead), garden, and Guamati (paddy land). The personal
service of the Paiks at the royal house was abolished.
In 1832, an arrangement was made for the assessment of revenue in the
plain districts, replacing the poll tax. Each district was divided into Mahals,
and each Mahal was re-settled annually until 1835. The system of realizing
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Land Tenure and Revenue

Administration in Assam

Land Law of Assam

Legislative History of the Assam Land and Revenue

Regulation, 1886

The legislative history of the Assam Land and Revenue Regulation (ALRR), 1886 begins with the Settlement Rules of 1870. These rules incorporated decisions made between the Government of India, the Board of Revenue, and Col. Hopkinson, the then Commissioner of Assam. The Settlement Rules of 1870 divided all cultivation into fixed cultivation and fluctuating cultivation.

For fixed cultivation, the cultivator was given the option of taking a lease for up to ten years. This lease gave the cultivator heritable and transferable rights, as well as a guarantee against revenue enhancement during the lease term. The lessee could also relinquish the land by giving 3 months' notice.

For fluctuating cultivation, the Settlement Rules of 1870 allowed only annual leases. If the government required the land for a public purpose, it could take the land without paying compensation for the land itself, but would pay compensation for the loss of crops or houses.

The Assam Land & Revenue Regulation, 1886 was enacted on this background. It recognized the rights of the existing proprietor class and incorporated two new classes of landholders and settlement-holders other than landholders. The regulation conferred permanent, heritable, and transferable rights in the land on the landholders, but did not grant such rights to the settlement-holders other than landholders.

The Decennial Settlement Rules of 1883 adopted the principle of ten-yearly settlement of permanently held lands, introducing a system of ten-year leases that conferred permanent, heritable, and transferable rights in the land on the leaseholders.

Early History of Revenue Administration in Assam under

British Rule

At the dawn of British rule, the old native system of revenue administration was prevalent. Each Paik (a unit of labor service) was assessed at Rs. 3/- for their Basti (homestead), garden, and Guamati (paddy land). The personal service of the Paiks at the royal house was abolished.

In 1832, an arrangement was made for the assessment of revenue in the plain districts, replacing the poll tax. Each district was divided into Mahals, and each Mahal was re-settled annually until 1835. The system of realizing

land revenue was not uniform, but it was generally collected through the agency of commission agents, called Chaudhary, Mauzadar, and Kakati.

Between 1836 and 1842, a circle of villages called a Mauza was settled with a Mauzadar or Chaudhary for a short term of some years. The Mauzadar or Chaudhary took on the risks of loss, while enjoying the additional rent derived from the extended cultivation.

In 1854, the annual settlement with the Mauzadar was revived. The lands were classified into (a) Basti (homestead), (b) Rupit (low rice land), and (c) Firinguti (high land) for the assessment of land revenue. The rate of revenue differed for each class of land.

In 1870, the land revenues were reassessed in the districts of Kamrup, Nowgong, Darrang, Sibsagar, and Lakhimpur. The rates of revenue increased to Re. 1/- per bigha for Basti, 10 annas for Rupit, and 8 annas for Firinguti.

State Ownership of Land and Private Rights in Assam

During the Ahom rule in Assam, the concept of state ownership of all lands prevailed. The Ahom kings had the exclusive control and right over the whole region, and the land belonged to them. The people could cultivate the land with the king's permission and pay some form of land revenue or share in the produce to the king.

When the British rule began in Assam, the ownership of land shifted from the Ahom kings to the British government. The government recognized certain grants made by the former kings, such as Debottar, Dharmottar, and Brahmottar estates. Only the Dharmottar class of grants was recognized as revenue-free, called "Lakhiraj estates," while the other two classes were assessed at half-revenue, called "Nisfkhiraj" estates.

Under the Assam Land and Revenue Regulation, 1886, the state is considered the owner of all lands, but it allows the land to be owned by persons under different tenures, such as proprietors, landholders, and settlement-holders other than landholders.

Proprietors, including Zamindars, Lakhirajdars, and Fee Simple grant holders, enjoyed private rights over their land, including ownership in perpetuity, rights over estate mines and minerals/forests, and buried treasure. These rights were later extinguished when Zamindari was abolished by the Assam State Acquisition of Zamindari Act, 1951.

Landholders and settlement-holders other than landholders do not have the same private rights over the land. The state can acquire any land required for public purposes, and it can also take away the rights over land if the terms of the lease are not complied with, as provided under the Regulation.

one could claim to hold land without paying revenue, except with the government's express permission. In 1834, the Government of India directed the then Commissioner of Assam, General Jenkins, to inquire into these grants and determine which ones could be restored as Lakhiraj (revenue-free) estates.

Classification of Lakhiraj Lands

After the inquiry, General Jenkins classified the Lakhiraj lands into three categories: 1. Debottar lands: Lands dedicated to idols 2. Brahmottar lands: Lands dedicated to priests 3. Dharmottar lands: Lands dedicated to religious purposes

Nisfkhiraj Estates

General Jenkins acknowledged only the Debottar grants as Lakhiraj (revenue-free) estates. The remaining two categories, Brahmottar and Dharmottar lands, were assessed at half the ordinary revenue rates, and these came to be known as Nisfkhiraj (half-revenue paying) estates.

Rights and Obligations of Nisfkhirajdars

As landholders, Nisfkhirajdars have permanent, heritable, and transferable rights of use and occupancy in their lands, as per Section 9 of the Assam Land and Revenue Regulation, 1886. Nisfkhirajdars can sublet their lands, but they have no rights over quarries, mines, minerals, mineral oils, or buried treasures, which are reserved by the government, with the Nisfkhirajdars only receiving compensation for surface damage. Nisfkhirajdars are required to pay all revenue, taxes, cesses, and rates legally assessed on their lands. They may be liable to penalties if they default on payments, and they may forfeit their landholder's rights if they voluntarily relinquish the land and cease to pay the revenue.

Lakhiraj Estates

Lakhiraj estates are found in the districts of Cachar, Goalpara, Kamrup, Darrang, Nowgong, Sibsagar, Dibrugarh, and Lakhimpur. Lakhirajdars, as proprietors of revenue-free estates, have the highest rights in the lands held by them in Assam. Lakhirajdars' rights are permanent, heritable, and transferable, and they can create encumbrances over the land, which cannot be avoided even if the land is sold for arrears of land revenue. Lakhirajdars can transfer their estates by any mode of transfer, such as sale, mortgage, gift, or bequest, and they can sublet and grant leases, as well as accept rent from their tenants below the maximum rate prescribed by the Assam (Temporarily Settled Areas) Tenancy Act,

Lakhirajdars also have proprietary rights over quarries, mines, minerals, mineral oils, and any other incorporeal rights that may be exercised in respect of their estates.

Extent of the Assam Land and Revenue Regulation, 1886

The Assam Land and Revenue Regulation, 1886 has been brought into force in various districts of Assam, with some exceptions and amendments over time. The Regulation has been extended to Cachar, Goalpara, Kamrup, Darrang, Nowgong, Sibsagar, and Lakhimpur districts, with effect from July 1, 1886. Certain lands are exempted from the operation of Chapter II of the Regulation, as per Section 4. The Regulation has also been extended to other parts of Assam, such as the North Cachar Hills, Garo Hills, Khasi and Jaintia Hills, Naga Hills, and Lushai Hills, with some exceptions.

The Permanent Settlement and Tenancy

Reforms in Assam

The Permanent Settlement Regulation

In 1789 and 1793, the Decennial Settlement Regulation and the Bengal Permanent Settlement Regulation, respectively, provided for permanent settlement with the Zamindars, Talukdars, and Choudhuries in the Goalpara district and Sylhet. The key features of this permanent settlement were:

Zamindars were made proprietors with full rights over the estates, including the right to inherit, transfer, and exploit the mines, minerals, and forest produce. Zamindars had the right to collect rent from the raiyats (tenants), although the Regulation of 1793 provided for necessary legislation to protect the tenants. The Goalpara Tenancy Act, 1929, and the Sylhet Tenancy Act, 1936, were some of the belated reforms in this regard. In Goalpara district, the Zamindars were simply rent collectors from the raiyats, who were in permanent occupation of the land as tenants or cultivators. In Sylhet district, the Zamindars and Choudhuries were the actual proprietors, while the smaller holders, known as mirasdars, were the actual cultivators and full owners of the land.

Leases and Conversions

The text discusses the different types of leases:

Annual lease: A lease for a period of one year only, without any permanent, heritable, or transferable rights. Periodic lease: A lease for a period of 10, 20, or 30 years, which confers permanent, heritable, and transferable rights. Short lease: A lease for a period not exceeding three years, similar to an annual lease.

The text also explains the process of converting an annual lease into a periodic lease.

Other Concepts

The text also covers the following concepts:

"Special cultivation" refers to cultivation that requires a much larger expenditure of capital per acre than most cultivators, particularly for tea and coffee cultivation. "Waste land" means land at the disposal of the Government that has not yet been leased, granted, or otherwise disposed of. "Alluvion and diluvion" refer to the formation of islands and the changes in the topography due to the serpentine course of rivers, which can lead to litigation due to the increase or decrease in land area.

Rights Over Land

The Assam Land and Revenue Regulation, 1886

The Assam Land and Revenue Regulation, 1886 is considered the "Magna Carta of land rights in Assam". It enumerates the various rights that can be acquired over land in the state.

Rights that can be Acquired

According to Section 6 of the Regulation, the following rights can be acquired over land:

Rights of proprietor, landholder, and settlement holder other than landholder. Rights legally derived from the above. Rights acquired under Sections 26 and 27 of the Indian Limitation Act (i.e., prescriptive rights). Rights acquired by any person as a tenant under any Rent law in force.

The Regulation clarifies that except for these rights, no other right of any description shall be deemed to have been or shall be acquired by any person over any land.

Rights of Proprietors

Section 7 of the Regulation states that proprietors shall have the same rights and enjoy the same privileges in respect of lands included in their estates as they have at the commencement of this Regulation.

Acquisition of Landholder Status

Section 8 of the Regulation outlines how a person can acquire the status of a landholder:

Any person who has, before the commencement of this Regulation, held immediately under the Government for ten years continuously any land not included either in a permanently-settled estate or in a revenue-free estate, and who has during that period paid to the Government the revenue due thereon, or held the same under an express exemption from revenue. Any person who has, whether before or after the commencement of this Regulation, acquired any such land under a lease granted by or on behalf of the Government, the term of which is not less than ten years.

The holding of land can be deemed continuous even if it has been transferred or succeeded to another person.

Rights of Landholders

Section 9 of the Regulation outlines the rights of landholders:

They shall have a permanent, heritable, and transferable right of use and occupancy in their land. This is subject to: a. The payment of all revenue, taxes, cesses, and rates legally assessed or imposed on the land. b. The reservation in favor of the Government of all quarries, mines, minerals, mineral oils, and buried treasure, with the Government having the liberty to search for and work them, paying the landholder only for surface damage. c. Any special conditions of any engagement the landholder may have entered into with the Government.

Forfeiture of Landholder Rights

Section 10 states that any landholder who, after the commencement of this Regulation, voluntarily relinquishes any land and ceases to pay the revenue assessed thereon shall at once forfeit their status of landholder in respect of that land.

Ownership of Minerals and Coal

If coal or other minerals are discovered below the surface of a landholder's land, the Government will be the owner of those resources. The landholder will only be entitled to compensation for the surface damage, as provided under Section 9(b).

Disposal of Waste Land

The state government is empowered to make rules for the disposal of waste land through grants, leases, or other means. [Section 12 of the Regulation] The Deputy Commissioner is authorized to dispose of such land by granting leases or otherwise, subject to the conditions set forth in the rules. The Deputy Commissioner may also reserve any such land from settlement. [Rule 2 and 3] The Deputy Commissioner may delegate their powers to any Revenue Officer within the district. [Rule 2 and 3]

Application for Land

Applications for the lease of waste land must be made in writing to the Deputy Commissioner. [Rule 3 and 5] In surveyed areas, the Deputy Commissioner or other authorized officer shall cause the land to be shown on the cadastral map, unless the application is summarily rejected. In unsurveyed areas, such maps shall be prepared. [Rule 6] The land records staff shall report on the applicant's eligibility, the availability and suitability of the land, and the applicable rates of revenue. [Rule 6] If no land records staff is maintained, the survey and report shall be done by the available agency. [Rule 7]

Disposal of Applications

After reviewing the map, report, and any further investigation, the Deputy Commissioner or authorized Revenue Officer shall either reject the application or grant a lease, in whole or in part. [Rule 8] Priority in granting leases shall be given to registered cooperative farming societies of actual landless cultivators for the settlement of lands in compact blocks of 50 bighas or more. [Rule 9(i)] For individual settlements, the area shall ordinarily be limited to 8- bighas per family, with preference given to landless cultivators, displaced persons from Pakistan, and cultivators with less than 8 bighas of land. [Rule 9(ii)] If there are multiple applications for the same land, the first application shall ordinarily be granted, but the Deputy Commissioner may grant a subsequent application for reasons to be recorded. [Rule 9]

Procedure for Land Exceeding 50 Bighas

For land applications exceeding 50 bighas, the survey, classification, and assessment shall be conducted by an officer not lower than a Sub- Deputy Collector, who shall submit a report to the Deputy Commissioner. [Rules 10 and 11] In the case of settlements exceeding 400 bighas, the Deputy Commissioner shall submit the proceedings to the state government for confirmation. [Rule 11]

Entry into Possession and Liability for Revenue

No person shall enter into possession of waste land until a lease has been issued or written permission has been granted by the Deputy Commissioner. [Rule 16] If the occupant accepts the settlement offered, they shall be liable for the revenue assessed from the commencement of the year in which they first occupied the land. If the occupant refuses the settlement, they shall be liable for the revenue from the commencement of the year in which the occupation was discovered. [Rule 17]

Ejectment of Unauthorized Occupants

The Deputy Commissioner may eject any person from land over which no one has acquired the right of a proprietor, landholder, or settlement- holder. [Rule 18(1)] The Deputy Commissioner may eject a person who has entered land previously reserved for roads, grazing, or other public purposes, without a bona fide claim of rights. The Deputy Commissioner may also sell, confiscate, or destroy any crops, buildings, or constructions on the land. [Rule 18(2)] In other cases, ejectment shall be preceded by a notice requiring the occupant to vacate the land within 15 days and remove any buildings, houses, fences, or crops. [Rule 18(3)] Failure to comply with the notice may result in a penalty of up to 200 rupees, and a further penalty of 50 rupees per day for continued disobedience. [Rule 18(5)] A person who has been evicted and then encroaches on land again may be liable for imprisonment up to 6 months, a fine up to 1,000 rupees, or both. [Rule 18(5a)]

Rules for the Allotment of Grazing Grounds

The state government is empowered to make rules for the allotment of grazing grounds. [Section 13 of the Regulation] The Deputy Commissioner shall demarcate the land proposed for a grazing ground and prepare a map if it is not already surveyed. [Rule 83] The Deputy Commissioner shall publish a notice of the proposal to allot the land as a grazing ground. [Rule 85] Objections to the proposed allotment may be presented to the Deputy Commissioner, who shall inquire into them and may make alterations to the area or boundaries. [Rules 86 and 87] After disposing of all objections, the Deputy Commissioner shall report the proceedings to the Commissioner, who may confirm them with the approval of the government. [Rule 88] The inhabitants of the village(s) concerned shall deposit the cost of demarcation as notified by the Deputy Commissioner. [Rule 89] Once the cost is deposited, the Deputy Commissioner shall publish a final notice declaring the land as a grazing ground, which shall then be entered in the register of grazing grounds. [Rule 91]

After a fishery is created, no person can acquire any right in such a fishery, except the rights of a proprietor of a lakhiraj estate, a permanently settled estate, or a fee-simple grant holder. The old system of sale of fisheries by auction has been replaced by a new rule that all fisheries will be settled through a tender system. The procedure for settlement of fisheries involves: Proclamation of the date of settlement by the Deputy Commissioner or Sub-Divisional Officer. Opening of tenders in the presence of an Advisory Board. Selection of the most suitable tenderer by the Deputy Commissioner or Sub-Divisional Officer, in consultation with the Board. Requirement of a cash security of 25% of the first year's revenue from the selected tenderer (reduced to 10% for co-operative societies of actual fishermen of scheduled caste or maimal community). Confirmation of the settlement by the Commissioner within one month. Execution of a fishery lease for a period of three years, which may be extended by the State Government in certain cases.

Preferences Granted to Scheduled Caste Communities

Co-operative fishery societies of actual fishermen of scheduled caste or maimal community are given first preference for settlement up to 60% of the fisheries in a sub-division. For the remaining fisheries: A co-operative society of actual fishermen of scheduled caste, scheduled tribes, other backward classes, and maimal community will be given the option to take settlement at the highest tender if its own tender comes within 7% of the highest tender. If the society's tender is below 7%, preference will be given in the following order: (i) the co-operative society, (ii) individual actual fishermen of scheduled caste and maimal community, and (iii) individual members of scheduled tribes and other backward classes. For fisheries fetching a highest tender of Rs. 50,000 per year or less, individual members of the scheduled caste, scheduled tribe, mainal community, or other backward classes will be allowed a rebate of 7.5%, which may be increased to 10% if the settlement is made with a fishery co-operative society of the above communities.

Settlement Operations

Settlement operations may consist of one or more of the following: Survey and demarcation of land. Preparation of record-of-rights (Jamabandi). Assessment of land revenue. Additional stages under Settlement Rule 55 include: Preliminary record writing and field classification. Record attestation. Submission of assessment report. Revenue attestation. Offer of settlement.

Settlement was a new concept introduced by the British administration, involving leasing out land by the government to occupants for a period of 1, 10, 20, or 30 years. Cadastral survey of villages and land is essential for accurate and perfect settlement. The details of settlement and assessment of land are laid down in the Regulation, supplemented by the Assam Reassessment Act, 1936. During the period of settlement, the terms and assessed rates of revenue are generally not altered.

Elaboration of the Text

Survey and Demarcation of Land

The text discusses the process of survey and demarcation of land under the Assam Land Revenue (ALR) Regulation, 1886. Key points:

Boundary disputes: When a boundary dispute is identified during the survey, the Settlement Officer is responsible for resolving it. The Settlement Officer can decide the dispute based on actual possession, determine the person best entitled to possession, or refer the dispute to arbitration.

Finality of Settlement Officer's orders: The orders of the Settlement Officer determining boundaries or disputes between settlement holders or between the government and a settlement holder are final, subject to the provisions of Section 151 of the Regulation. No appeal lies to a superior revenue authority, and the jurisdiction of the civil court is barred in such cases.

Erection of boundary marks: The Survey Officer can cause boundary marks to be erected to secure the boundary permanently, if the Settlement Officer's order has become final or has been altered by a competent court.

Punishment for damaging boundary marks: Any person willfully destroying, removing, or damaging a boundary mark can be punished with a fine up to 200 rupees for each mark, in addition to the cost of restoring the mark.

Obligation to report damage to boundary marks: The proprietor, settlement holder, or tenant of the land is obligated to immediately report any injury, destruction, or removal of a permanent boundary mark to the prescribed Revenue Officer. Failure to do so can result in a fine up to 100 rupees.

Updating cadastral maps: In already settled villages, no fresh cadastral map is necessary, except for making it up-to-date. Boundary disputes, if any, are to be settled by the field staff through proper inquiry.

Final copies of chitha and jamabandi: After the assessment, the final copies of the chitha and jamabandi are prepared and furnished to each land holder.

The Importance of Record-of-Rights

Record-of-Rights in Land Settlement

Record-of-rights is a crucial part of the settlement of land comprised in any estate. It forms the very foundation on which the settlement of estates is made. Record-of-rights refers to the records on the basis of which the estates are settled. The cadastral map of the village shows the classification of land by dag numbers, which correspond to the Chitha (field index) and the Jamabandi register. The Chitha is the basis of the records of record-of-rights, as it provides details such as dag number, land area, proprietor/landholder information, settlement period, and revenue assessment.

Effect of Entries in Record-of-Rights

According to Section 39 of the Regulation, the order of the Settlement Officer regarding the person to whom a settlement should be offered, the amount of revenue to be assessed, and the nature and term of settlement is final and binding on all persons interested in the estate. However, this order is not conclusive as against a person who claims rights to or over the estate. Such a person can challenge the order in the Civil Court and seek a declaration of their rights. Registration of a person's name in the record-of-rights does not confer any title on them. It simply raises a presumption of possession.

Resumption of Land

Inquiry by Deputy Commissioner

Whenever a Deputy Commissioner has reason to believe that any land within their jurisdiction is being held wholly or partially free of assessment and is liable to be assessed, they may institute an inquiry. The person claiming the land must prove their title to hold it wholly or partially free of assessment. The result of the inquiry is reported to the State Government for orders.

Order of State Government

If the State Government declares the land not liable to assessment, their order is final, except on proof of fraud or collusion.

If the State Government declares the land liable to assessment, the Deputy Commissioner shall inform the person interested and proceed to assess the land and settle it with the person in possession.

Challenging the State Government's Order

Any person whose lands are assessed by order of the State Government may, within one year, institute a suit in the Civil Court to have the order set aside, failing which the order shall be final.

Hoe-Tax or House-Tax

The State Government may direct the collection of an annual tax on each male person who has completed the age of eighteen years and is taking part in the cultivation of the land, or on each family or house of persons taking part in the cultivation. This tax is in lieu of the land revenue assessable on any land and is generally levied in the hill districts.

Registers to be Maintained

Registers Kept by the Deputy Commissioner

The Deputy Commissioner of every district shall prepare and keep the following registers: A general register of revenue-paying estates A general register of revenue-free estates Any other registers as directed by the State Government

Existing Registers

Until new registers are prepared, the State Government may direct that any registers kept by or under the control of the Deputy Commissioner at the commencement of the Regulation shall be deemed to be registers prepared under the Regulation.

Maintenance of Registers

The registers are to be maintained village-wise and remain valid during the currency of the settlement, which is currently 30 years. The General Register of revenue-paying estates is to be maintained in three parts, as specified in the Regulation Rules. The registers are to be written in the language prevalent in the district.

(3) Objections and Referral to Civil Court

If an objection is made within the specified time by any recorded proprietor or by any person interested not being a proprietor, the Deputy Commissioner shall examine the person so objecting. If it appears that the person has probable ground of objection, the Deputy Commissioner shall suspend the proceedings and refer the parties to the Civil Court.

(4) Conditions for Registration

No tenure shall be registered under this section unless the Deputy Commissioner is satisfied that it has been created in good faith and at a rent not less than the full amount of the revenue fairly payable in respect of the lands comprised in it.

Liability for Revenue and Default

Various Modes of Recovering Arrears of Land Revenue

The following modes of recovering arrears of land revenue have been prescribed by this Regulation:

Attachment and sale of movables (Section 69) This mode is to be adopted in the first instance. The Deputy Commissioner may order the attachment and sale of so much of a defaulter's movable property as will defray the arrear. The attachment and sale shall be conducted according to the procedure prescribed by the Civil Procedure Code.

Certain articles of the defaulter are debared from attachment and sale, such as necessary wearing apparel, implements of husbandry, tools of artisans, and material of houses and other buildings belonging to and occupied by the agriculturists.

Attachment of Defaulting Estate (Section 69-A)

The Deputy Commissioner, with the previous sanction of the Commissioner, may attach a defaulting temporarily settled estate. The Deputy Commissioner takes the estate under his own management or lets it in farm. The settlement holder is excluded from possession of the land during such attachment. The surplus profits, after defraying the costs of attachment and collection, shall be applied first to the payment of revenue due during attachment and next to discharging the arrear.

The period of attachment may continue until the arrears are paid, but no longer than five years without the sanction of the State Government.

Sale of Defaulting Estate (Section 70)

This mode is prescribed for a permanently settled estate or a periodic estate, where the settlement-holder has permanent, inheritable and transferable right of use and occupancy. The estate in arrear is sold by auction by the Deputy Commissioner, and the owner is permanently deprived of the estate. A periodic estate may be sold only when the proceedings under Section 69 do not appear sufficient for the recovery of the arrear. If the arrear has accrued on a separate account under Section 65, only the shares or land comprised in that account should first be put up for sale.

No property shall be sold for any arrear becoming due while it was under the management of the Court of Wards or under attachment by a revenue authority.

Sale of Immovable Property other than the Defaulting Estate (Section

This mode is adopted when an arrear of an annual estate or any other estate cannot be recovered by the processes under Sections 69 and 70. The Deputy Commissioner may attach and sell any other immovable property of the defaulter, even if it is located in another district. The sale proceeds are applied as if the property were an arrear accruing in the Deputy Commissioner's own district.

Setting Aside a Revenue Sale

The Regulation provides the following provisions for setting aside a revenue sale:

Application to set aside sale on depositing percentage purchase money (Section 78-A)

Any person may, within 60 days or before noon on the sixtieth day from the date of sale, apply to the Deputy Commissioner for setting aside the sale on depositing the specified percentage of the purchase money.

Application to set aside sale on ground of mistake or irregularity (Section 79)

At any time within 60 days from the date of sale, an application may be made to the Deputy Commissioner to set aside the sale on the ground of some material irregularity or mistake in publishing or conducting it.

Annulment of sale on ground of hardship (Section 81)

The Board may, on application made within one year of a sale becoming final, annul the sale on the ground of hardship or injustice.

Annulment of sale by Civil Court (Section 82)

A suit to annul a sale shall not be entertained unless the ground for annulment has been specified in an application made to the Deputy