Section 377 in Bihar Board's Miscellaneous Rules, 1958
377. Settlement of transferred chaukidari land.
- Chaukidari Chakran lands dealt with under Part II of the Bengal Chaukidari Act, VI of 1870, are not to be considered as separate "estates" within the meaning of the Bengal Land Registration Act VII of 1876. Under Section 41 of Regulation VIII of 1793, they form part of the estate in which they are situated. Under Sections 48 and 51 of the Chaukidari Act, they are to be transferred to the"zamindar" of such estate or tenure, who is defined in Section 1; and it has been ruled (vide Government Letter No. 3020, J., dated 23rd July, 1894) that they are not to be treated as amalgamated with such estate or tenure. Under General Clauses Act, the singular includes the plural, so that the word"zamindar" in Section 48 etseq means all the registered proprietors. Transferred Chaukidari Chakran lands are the property of the zamindar to whom they are transferred, but are hypothecated for the payment of the amount due to the "Village Chaukidari Fund". The settlement of them is offered at half rates to the zamindar in the first instance, because half the services of the chaukidar were legally supposed to be his. If he does not take settlement, after having had the opportunity which Section 50 gives him, of contesting the assessment, the Collector should make absolute the order of transfer in the form given in Schedule C to Act VI of 1870 and, if the assessment is not paid, should deal with the lands under Sections 54 to 56. Even if such lands are subsequently transferred by sale under Section 55, Bengal Act VI of 1870, this does not create them an estate within the meaning of that word as used in the Land Registration Act.
