Section 9 in The Bengal Land-Revenue Settlement Regulation, 1822
9. First. - Investigations by Collectors making or revising settlements.
- It shall be the duty of Collectors and other officers exercising the powers of Collectors, on the occasion of making or revising settlements of the land-revenue, to unite, with the adjustment of the assessment and the investigation of the extent and produce of the lands, the object of ascertaining and recording the fullest possible information in regard to landed tenures, the rights, interests and privileges of the various classes of the agricultural community.For this purpose their proceedings shall embrace the formation of as accurate a record as possible of all local usages connected with landed tenures, as full as practicable a specification of all persons enjoying the possession and property of the soil, or vested with any heritable or transferable interest in the land or the rents of it, care being taken to distinguish the different modes of possession and property, and the real nature and extent of the interest held, more especially where several persons may hold interests in the same subject-matter of different kinds or degrees.This record shall, in pattidari or bhaiya chara villages or the like, include an accurate register of all the co-parceners, not merely the heads of divisions, such as the pattis, thoks or behris, but also as far as possible of every person who occupies land, disposes of its produce or receives rent as proprietor or as agent for one or more proprietors holding land and disposing of its produce, or receiving the rents of it in common, with a detailed statement of the interior arrangements adopted by the brotherhood for the distribution of the profits derived from sources common to the co-parcenency where any such exist, and for determining the share of the Government jama and of the village-expenses which each parcener is to contribute, or the other modes in which the engaging parcener or intermediate pattidars and behridars collect from the cultivators.A record shall likewise be formed of the rates per bigha of each description of land or kind of produce demandable from the resident cultivators not claiming any transferable property in the soil, whether possessing the right of hereditary occupancy or not, and the respective shares of the sadar malguzar or other manager, and the cultivator, in lands cultivated under kankut, batai or similar engagements, with a distinct specification of all cesses or extra collection made by the malguzar or village-manager, or other.The names of all the village-patwaris and village watchmen shall also be registered, with a statement of the amount and nature of the allowance assigned them.And all lakhiraj tenures shall be carefully recorded, with a specification of the nature of the tenure.The information collected on the above points shall be so arranged and recorded as to admit of an immediate reference hereafter by the Courts of Judicature, it being understood and declared that all decisions on the demands of the zamindars shall hereafter be regulated by the rates of rent and modes of payment avowed and ascertained at the settlement, and recorded in the Collector's proceedings until distinctly altered by mutual agreement, or after full investigation in a regular suit : and all cesses or collections not avowed and sanctioned, nor taken into account in fixing the Government jama, shall be held illegal and unauthorized, unless now or hereafter specially [sanctioned by the State Government] [Words 'sanctioned by the Provincial Government' first substituted for the words 'sanctioned by 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.].Second. - Collectors, etc., may grant pattas to mufassal zamindars and raiyats. - Provided also that it shall be competent to Collectors and other officers as aforesaid (subject to the orders of the Board [* *] [Words 'of Commissioners' omitted by Act 16 of 1874.]) to grant pattas to the several mufassal zamindars and raiyats or other owners or occupants of land, for the land owned or occupied by them, specifying the amount to be paid by them, and all the conditions attaching to theft tenure; and a register of all pattas so granted shall form a part of the rubakari of settlement.Third. - Power to take engagements for revenue without completing detailed inquiry. - Provided, however, that, if from the number of estates of which the lease may at once expire in any district, or from any other special cause, it shall be found necessary, for the security of the Government revenue, to take engagements from any zamindar, malguzar or farmer, without completing the detailed inquiries above directed, it shall be competent to the [Board] [Word substituted for the word 'Boards' by Act 1 of 1903.] of Revenue or other authority exercising the powers of [that Board] [Words substituted for the words 'such a Board' by Act 1 of 1903.] to cause engagements for the revenue to be taken in the manner heretofore in use, reporting the circumstance to 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.] , but the term of the engagements so taken shall not exceed five years, and the rules relative to the revision of the settlements of mahals of which the existing leases have been extended under the provisions of section 2 of this Regulation shall be equally applicable to estates for which such engagements shall be taken.
