Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Bihar - Section

Section 14 in The Bengal Drainage Act, 1880

14. Commissioners how to ascertain that proprietors have assented.

(1)The Commissioners may, at some meeting to be held not less than one month after such list has been published under the provisions of Section 13, proceed to ascertain whether the holders of half of the lands to be reclaimed or improved have assented in writing to the adoption of the scheme.For the purpose of so ascertaining, the Commissioners shall take into account the vote of not more than one landholder in respect of any one portion of the area affected; and whenever more than one landholder shall have given his vote in respect of the same portion of such area the Commissioners shall take into account the vote of the landholder who holds the lowest interest in respect of such area, and shall not take into account in respect of such area the vote of any superior landholder who may have voted.Example-A gives his vote as proprietor of 5,000 bighas;B, as patnidar of 2,000 bighas included in A's proprietary of 5,000 bighas;C, as mukarraridar of 100 bighas included in B's patni,D, as holding a permanent jama of 500 bighas included in A's proprietary of 5,000 bighas; but not in B's patni of 2,000 bighas;The Commissioner shall take into account the votes of the respective landholders in respect of the following areas:-
      Bighas
D for - - 500
C for - - 100
B for (2,000-100-) - - 1,900
A for (5,000-2000-500) - - 2,500
Total - - 5,000
(2)Vote for estate, tenure, etc., held by two or more co-sharers. - One vote only shall be allowed in respect of an estate, tenure or under-tenure belonging to two or more co-sharers.In order to ascertain whether this vote shall be taken as assenting or objecting to the adoption of the scheme, regard shall be had to the votes of the co-sharer individually, and account shall be taken of those only who actually vote.If the majority assent, a vote of assent shall be deemed to have been given in respect of the estate, tenure or under-tenure.If the majority object, a vote of objection shall be deemed to have been given.If the number assenting and the number objecting are equal, no vote shall be deemed to have been given in respect of such estate, tenure or under-tenure.