Section 104 in Rules Under the Land and Revenue Regulation
104. Method of apportionment.
- In making such apportionment in areas other than the permanently-settled estates of Cachar and Goalpara, the Deputy Commissioner shall charge each proprietor, land-holder or person entitled to receive rent in respect of land included in the survey and assessed at full rates of revenue with such sum per rupee of revenue payable by him as shall suffice to cover the total cost of the survey and demarcation.In the permanently-settled estates of Cachar and Goalpara the total cost of the survey and demarcation of the settled area shall be recovered from each proprietor and tenure-holder in proportion to the area of land under survey held by him. If the tenure is rent-free, the whole cost shall be recovered from the tenure-holder. If the tenure is permanent, three-fourths of the cost shall be recovered from the tenure holder and one-fourth from the proprietor. If the tenure is temporary, half the cost shall be recovered from the tenure-holder and half from the proprietor, unless the tenure has less than 5 years to run from the date of final publication, in which case the proprietor should pay the whole cost.When land is held at privileged rates of revenue or where no revenue is payable by any proprietor and land-holder of land included in the survey, the land shall, for the purpose of apportionment, be assessed at the rate applicable to similar land in neighbouring estates paying full revenue; provided that when any land has already been permanently demarcated at the cost of the proprietor, land-holder, or person entitled to receive rent in such a manner that would, in the opinion of the Deputy Commissioner, be inequitable to lay any further charge on him on account of the survey, the land so demarcated may, with the previous sanction of the Commissioner, be omitted from the apportionment.Explanation. For the purpose of the present rule, the term "tenure-holder" shall be held to mean a person having a permanent and transferable interest in land intermediate between the proprietor and the raiyat but not having occupancy right.
