Extracts from the Circular Orders of the Boards of Revenue, on the subject of chakaran lands, are reproduced below:-* * * * *"Chaukidari Chakaran land dealt with under Part II of the Chaukidari Act, VI (Beng. Chauk.) of 1870 are not to be considered and separate "estates" within the meaning of the Land Registration Act, VII (Beng. Chauk.) of 1870. Under Section 41 of Regulation VIII of 1793 they form part of the estate in which they are situated. Under Sections 48 and 5 of the Chaukidari Act, they are to be transferred to the 'zamindar' of such estate or tenure, who is defined (in Section 1) to be the person whose name is registered as the proprietor of an estate or rent-free tenure, and it has been Ruled by Government (vide Government letter No. 3020 J, dated 23rd July, 1894) that they are not to be treated as amalgamated with such estates. Transferred chaukidari chakaran lands are in reality, the property of 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; but he is not bound to take settlement, and if he does not do so, the Collector, or the panchayat, can make a temporary settlement of the lands for the benefit of the Village Chaukidari Fund. Even if such lands are subsequently transferred by sale under Section 55, Act, VI (Beng. Chauk.) of 1870, or privately, this does not create them an estate within the meaning of that words as used in the Land Registration Act.""The effect of the sale of chaukidari chakaran lands is clearly described in Section 55 of Act, VI (Beng. Chauk.) of 1870. The purchaser acquires the right to hold them free of incumbrance's, but subject to the chaukidari assessment. He cannot be said to hold them revenue-free, because at the time of the Permanent Settlement, revenue was assessed on them under Section 41 of Regulation VIII of 1793. The Board think that the exact legal status of the purchasers for such lands need not be settled by the Revenue Authorities. It is for the Civil Court to decide it. All that the Revenue Authorities are concerned with the payment of the half assessment to the Village Chaukidari Fund.""It has been pointed out that it is necessary to provide for the compulsory record of mutations or transfers of lands in order that there may be no difficulty in ascertaining who is responsible for the payment of the half assessment. It cannot, however, in the Board's opinion, be difficult for the panchayat, with their local knowledge, to ascertain the name of the person in de facto possession of the lands, and who is liable to them for the half assessment.It may be regarded as certain that the villagers, if not the panchayat, will protect their own pockets in this respect. So long as the Village Chaukidari Fund gets its half rental, it is not absolutely necessary that the Collector should know who actually holds the lands. The Collector alone can legally make the first transfer, and it is not clear that subsequent private transfers are valid. The Collector need to concern himself about the matter unless and until the panchayat applies to him under Section 54.""In order, however, to maintain a record of the first transferees of chaukidari chakaran lands, a separate register should be opened (Register 80 of the Collectorate). The column of remarks in the register is intended for the record of transferee made after the original settlement under Section 59. Act, VI (Beng. Chauk.) of 1870, and they may be entered in it, subject to their being made under Section 55, and by private sale or arrangement, which should not be formally recognised.""When chakaran lands are sold under Section 55 of Act, VI (Beng. Chauk.) of 1870, in accordance with the provision of Act, XI of 1859 the particulars of the sale should be entered in Register 19 (sales for arrears of revenue) and should be distinguished from ordinary revenue sales by a letter say 'C' or by entry in "red ind""The assessment of cases on chaukidari chakaran lands transferred to zamindars under Part II of Act, VI (Beng. Chauk.) of 1870 should be made on the annual value which the transferee retains, that is to say, on the total annual value less the sum payable to the panchayat".Miscellaneous
