Section 20 in The Bengal Land-Revenue Settlement Regulation, 1822
20. Powers ordinarily vested in Collectors making or revising settlements.
- First. - The powers specified in Sections 11, 12, 14, 15, 17, 18 and 19 of this Regulation shall be ordinarily exercised by Collectors when employed in making or revising settlements of the land-revenue and shall extend to all the lands comprised in the pargana in which he may be so employed; but it shall be competent to [the [State] [The words 'the Government, by an Order in Council, in the original text, are to be read as if the words 'the Local Government, by notification in the local Official Gazette', were substituted therefor - see Act 1 of 1903, Schedule II.] Government] by notification in the [Official Gazette] [Substituted by AO for 'Local Official Gazette'.], to be publicly proclaimed in the district to restrict the authority of [Collectors] [For the exercise of the functions of Collectors by other officers, see Section 35.] and other officers making settlement in such manner and to such extent as [it] [The Word 'he' in the original text is to be read as if the word 'it' were substituted therefor - see Act 1 of 1903, Schedule II.] may from time to time judge expedient.In like manner it shall be competent to [the [State] [The words 'the Government, by an Order in Council, in the original text, are to be read as if the words 'the Local Government, by Notification in the Local Official Gazette', were substituted therefor - see Act 1 of 1903, Schedule II.] Government] to vest such [Collectors] [For the exercise of the functions of Collectors by other officers, see Section 35.] as may from time to time be judged fit with a special authority to receive, try and determine in the first instance, subject to a regular suit in the Adalat as above provided, all or any of the questions of the nature specified in the aforesaid section, though the said [Collectors] [For the exercise of the functions of Collectors by other officers, see Section 35.] may not be engaged in making or revising a settlement of the land-revenue;and to vest in such of the Collectors as may be thought proper authority (either generally or within such limits as may be from time to time determined) to receive, try and determined by summary process all suits for rent which may be preferred by zamindars, talukdars or other sadar malguzars or farmers of land, or by any person in their behalf, against any dependent tatukdar, zamindar, under-renter, raiyats or other under-tenant of whatever denomination, as well as all applications by raiyat and the under-tenants contesting the demand of a sadar malguzar or farmer;and all complaints preferred by raiyats or other under-tenants of whatever description, against landholders or farmers of land, or their respective agents or representatives on account of excessive demand or undue exaction of rent, whether levied by distraint or otherwise, as well as all suits relative to the adjustment of accounts between landholders and farmers of land or under-tenants of whatever description, with their sureties, or with any agent or persons employed by them in the management of land, or the collection or payment of the rent of land, and to all other matters immediately connected with the demand, receipt or payment of the rent of land, whether malguzari or lakhiraj, or with the rent of orchards, pasture-ground, and fisheries, commonly denominated phalkar, bankar and jalkar with any other asset of the land-revenue not included in the sair abolished, together with all complaints of the non-delivery of pattas when demandable under the Regulations, or complaints of the prescribed receipts not being given for actual payment of rent, and generally complaints of any deviation from the Regulations, or from the established usage of the country, relative to the matters aforesaid, or any violation of subsisting engagements in disputes respecting the rent and occupancy of land between landholders or farmers of land and their under-tenants of whatever denomination.Appointment of Collector to discharge above duties, how notified. - Second. - The appointment of the [Collector] [For the exercise of the functions of Collectors by other officers, see Section 35.] to the discharge of the above duties, and the extent of the jurisdiction to be assigned to him, shall be notified by proclamation in the district, after such manner as the [State] [Substituted by ALO.] Government may direct;and after the publication of notice, all summary suits, actions, applications and complaints of the above nature, and referring to lands or the rents, produce or accessions of land lying within the jurisdiction assigned to the Collector as above, which may be preferred in the Zila [* * *] [The words 'or City' Repealed by Act 16 of 1874.] Adalat by any sadar malguzar, zamindar, talukdar, farmer, raiyat or other proprietor or under-tenant of land, shall immediately, on being received, be referred, for trial to the Collector to whom also all such summary suits depending at the time shall be transferred:Provided also that in such cases parties having suits or complaints to prefer, of which the cognizance may be vested as above in the Collector shall be at liberty to prefer them to that officer in the first instance.It shall in like manner be competent to the [State] [Substituted by ALO.] Government to fix by notification in the [Official Gazette] [Substituted by AO for the words 'Local Official Gazette'.] the period at which the special powers given as above to a Collector, and the authority to be ordinarily exercised by those officers on the occasion of making settlements shall cease and determine.Limitation of times for preferring complaints specified. - Third. - No complaint or application of the nature specified in the preceding clauses shall be received by a Collector under the rules of this Regulation, unless this plaint or application shall have been preferred within the period of one year after the cause of action shall have arisen.
