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Bengal Presidency - Section

Section 16 in The Bengal Land-Revenue Settlement Regulation, 1822

16. Power to grant to Collectors making or revising settlements special authority to take cognizance of claims to property and possession of land.

- It shall be competent 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.] to grant to a Collector making or revising the settlement of any mahal, whether the same may have been held by a lakhiraj tenure resumed, or being malguzari may have become open to re-settlement in ordinary course, special authority to hear, try and determine as above all claims to the property and possession of the lands lying within such mahal or the rent or produce thereof, and to give possession to the party who may appear to have the best title, subject to the orders and direction of the Board and further subject, as above, to the revision of the Zila [* * *] [Words 'or Provincial' omitted by Act 16 of 1874.] Court on a regular suit :Provided also that, whenever special authority may be given to any Collector as aforesaid, notice of the order of Government shall be published by a proclamation within the mahals to which the authority so given may extend; and it shall be the duty of the Collectors and the [Board] [Word substituted for the word 'Boards' by Act 1 of 1903.] to see that such proclamation is duly made.But no decision passed by a Collector under this or any other section whereby such notification is required shall be disturbed by any Court of Judicature, otherwise than after a full and regular investigation on merits, on the plea that proclamation was not made.