Section 17 in The Bengal Land-Revenue Settlement Regulation, 1822
17. Power to take cognizance of claims to property in lands held lakhiraj, or at a mukarrari jama, under valid tenures, and to settle with proprietors on behalf of lakhirajdar or mukarraridar.
- It shall be competent to Collectors and other officers engaged in making or revising the settlement of any pargana, mauza or other local division, on the application of persons claiming a right of property in lands held free of assessment, or at a mukarrari jama, under unquestioned grants from the ruling power, or from the amils or other [officers of the Government] [Words 'officer of the Crown' substituted for the words 'officer of Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.], and situate within or adjoining to such pargana, mauza or other local division, to receive, try and determine the claim; and, if satisfied that the applicants do possess or are entitled to possess an hereditary and transferable property in the land or the produce or rent thereof, the Collector or other officer, with the [sanction of the State Government] [Words substituted for the words 'sanction of Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'Government' substituted for the words 'Crown' by the Adaptation of Laws Order, 1950.] previously obtained, shall be authorised to conclude a settlement with them on behalf of the lakhirajdar or mukarraridar for such period as the [State Government] [Words 'Provincial Government' first substituted for the words 'Local Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] may direct, and shall grant to each of the said proprietors pattas defining the conditions on which they are to hold their lands subordinate to the lakhirajdar or mukarraridar.It shall further be competent to the Collector, under the orders of the Board, [* * *] [Words 'of Commissioners' omitted by Act 16 of 1874.] to fix and declare the amount of malikana or other proprietary allowance to be paid by such lakhirajdars or mukarraridars to the said proprietors, in the event of their being divested of the occupancy and management of their lands :Provided however, that either party who may be dissatisfied with the decision of the Collector as to the question of the right of property shall be at liberty to contest the same in a regular suit in the Adalat; but the Court shall not interfere to alter the terms on which the settlement may have been made by the Collector with proprietors, or the amount of malikana granted to such persons.
