Section 11 in The Exemptions from Land-Revenue (No. 1) Act, 1863
11. Collector or other officer may serve notice on holder of lands, asking whether or not he demands inquiry under section 6.
- It shall be lawful for the Collector of each [* *] [The words 'Collectorate or' were repealed by the Bombay General Clauses Act, 1888 (Bombay 3 of 1886).] district, or for any other officer of [the Crown] [The words 'the Crown' were substituted for words 'Government' by the daptation of Indian Laws order in Council.] duly authorized in that behalf whensoever such Collector or such other officer shall have reason to believe that lands are held wholly or partially exempt from payment of land-revenue, and that there has not been any formal adjudication upon the title to such exemption, to serve or to cause to be served, a notice in writing upon the holder of such land, calling upon him to state whether or not demands an inquiry under section 6 [* * *] [The words 'of this Act' were repealed by Bombay 3 of 1883.] into such alleged title to exemption as aforesaid, instead of accepting and abiding by the terms described in section 2 [* * *] [The words 'of the same' were repeated by Bombay 3 of 1883.].Language and form of notice.The notice shall be in the prevailing language of the [* * *] [The word 'Collectorate or' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886).] district in which the lands are situate, and shall explain the nature of the alternatives offered on the part of [the Provincial Government] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws order in Council.]On whom to be served.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] [This words was substituted for the word 'Collectorate' by the Amending Act, 1895 (16 of 1895).]Service on non-resident persons.If such persons as last aforesaid be not resident within the [district] [This word was substituted for the word 'Collectorate' by the general Clause Act, 1886 (Bombay 3 of 1886) Schedule B. This schedule has been printed as an Appendix to the Bombay General Act, 1904 (Bombay 1 of 1904).] the notice shall be served upon any person acting for the aforesaid in respect of the lands.Service when several persons hold lands jointly.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.Service when holder known to reside in another district.If the holder be known to reside in another [district] [This word was substituted for the word 'Collectorate' by the general Clause Act, 1886 (Bombay 3 of 1886) Schedule B. This schedule has been printed as an Appendix to the Bombay General Act, 1904 (Bombay 1 of 1904).] of the Bombay Presidency, and if there be no person acting for him in the [district] [This word was substituted for the word 'Collectorate' by the general Clause Act, 1886 (Bombay 3 of 1886) Schedule B. This schedule has been printed as an Appendix to the Bombay General Act, 1904 (Bombay 1 of 1904).] in which the lands are situate the notice shall be sent to the Collector of such other [district] [This word was substituted for the word 'Collectorate' by the general Clause Act, 1886 (Bombay 3 of 1886) Schedule B. This schedule has been printed as an Appendix to the Bombay General Act, 1904 (Bombay 1 of 1904).] and served or caused to be served by him.When no person acts for holder and holder cannot be found.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 chief native revenue-officer of the district, and in the chauri or most public place in the village where the lands are situate.Inquiry when sufficiency of service of notice disputed.In the event of any dispute arising as to the sufficiency of the service of any notice or notices under this section, the matter so in dispute shall be inquired into by the Collector of the district or other officer appointed for the purpose by the [Provincial Government] [The words 'Provincial government' were substituted for the words 'Government in Council' by the Adaptation of India Laws order on Council.], and the decision of the Collector or such other officer as aforesaid shall be final and not open to appeal or question in any Civil Court [* * * *] [The words 'or Court of Law or Equity' were repealed by the Repealing Act, 1876 (12 of 1876).] or elsewhere.Holder making no answer for two months, deemed to have dispensed with inquiry.If within two [*] [The word 'Calendar' was repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886).] moths after the service of such notice in manner aforesaid, the person holding the lands wholly or partially exempt from revenue as aforesaid, or his legally constituted agent, shall not give an answer in writing to such notice, stating clearly in such answer that he 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 if held as aforesaid by an individual or individuals, shall be dealt with under sections 1 and 2 [* *] [The words 'of this act' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886).] and the rules annexed to said section 2, and, if held on behalf of religious or charitable institutions shall be dealt with under clause 2 of section 8 [* *] [The words 'of this act' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886).].If no holder or owner discovered, land to be fully assessed.But, 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 law of limitation, appear and prove his title to it.Inquiry when sufficiency of answer to notice disputed.In the event of any dispute arising as to the sufficiency of any such answer as last aforesaid, or as to its meaning, 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 Collector or other officer appointed for the purpose by the [Provincial Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] and the decision of the Collector or such other officer as aforesaid shall be final and not open to appeal or question in any Civil Court [* * *] [The words 'or Court of Law or Equity' were repealed by the Repealing Act, 1876.(12 of 1876).] or elsewhere.After answer demanding inquiry, security to, taken.Whensoever an answer in writing is given by any holder or his agent demanding an inquiry under section 6 or clause 4 of section 8 [* *] [The words 'of this Act' were repealed by the Bombay General Clauses Act 1886 (Bombay 3 of 1886). Schedule B. This Schedule has been primed as an Appendix to the Bombay General Bombay Act, 1904 (Bombay 1 of 1904).] the Collector or other officer to whom such answer has been given shall take the security required in such cases by section 7 [* * *] [The words 'of this Act' were repealed by the Bombay General Clauses Act 1886 (Bombay 3 of 1886). Schedule B. This Schedule has been primed as an Appendix to the Bombay General Bombay Act, 1904 (Bombay 1 of 1904).] or, in default of the same being furnished, shall take such steps as shall be necessary for levying the full assessment of the land as required by the said section, and shall refer the holder' s claim to the officer appointed by Government for the trial of such matters, who shall with reasonable regard to the public convenience, and to the convenience of all persons interested or to be engaged in conducting such inquiry, fix a time at which it shall be proceeded with.Claimant allowed benefit of evidence to be found in Government records in custody of such public officer.Any claimant demanding an inquiry into his title shall be allowed the benefit or any evidence to be found in the records of the present or any former Government, in custody of such public officer as is authorised by the [Provincial Government] [The words 'Provincial Government' were substituted for the words 'British Government' by the Adaptation of Indian Laws Order in Council] to have charge or custody of the same, and such public officer shall be bound to search for and to produce the same on application made to him.
