Replaces Standing Order No.26, original issue, dated 7th June, 1909, first reprint, dated 2nd February, 1910, and second reprint dated 28th February 1928, In connection with this subject, Chapter XII of the Land Administration Manual and paragraph 455 of the Settlement Manual should be consulted.
6.1 Law and rules governing the subject - When estates affected by river or torrents have assessments of land revenue which are fixed for terms of year, it is a condition of the settlement, in default of a special agreement to the contrary, that such assessments are liable to revision when the lands of the estates are injured or improved by the action of water or sand. Such revisions are governed by section 59(I)(d) of the Land Revenue Act, 1887, and by the following general rules:-
(i) Where land of an estate paying land revenue is injured or improved by the action of water or sand, the land revenue due on the estate under the current assessment shall be reduced or increased in conformity with the instructions issued from time to time in this behalf by the Financial Commissioner,- vide appendix I to the Land Administration Manual.
(ii) In every such case the distribution of the land revenue over the holdings of the estate shall be revised, so as similarly or reduce or increase the sum payable in respect of the holding in which the land that has been injured or improved is situated.
Besides these general rules special rules have been framed in the case of certain district to suit special local conditions,- vide Settlement Manual paragraph 455.
6.3 Removal of estates from the revenue roll in consequence of diluvion -When an estate is entirely cut away by the river it should be removed from the district revenue roll, but it should be restored on a subsequent formation of land on same site, if the original owners are entitled to recover possession.
6.4 Village lists - The tahsil office kanungo should be required to maintain a simple list of village liable to increment or decrement of area by the action of river, his-torrent of swamps, to enable him to satisfy himself that diluvion files of such villages are prepared in due course.
6.5 Submission of annual statements -The Collector should submit for confirmation of assessments by the Financial Commissioner, Revenue, a statement in the form below, showing the net changes caused by alluvion and diluvion. These statements should be forwarded to the Financial Commissioner, Revenue, for confirmation the new assessments will take effect.
Statement of financial results of alluvion and diluvion assessment for the __________ Distt. made in 19 ____ for the agricultural year (kharif 19 and rabi 19 ), and the proposed remission in the revenue roll and amount to be collected as fluctuating revenu
|Distt.||Tahsil||River||Gross increase of assessment due to alluvion etc. (including jagir)||Gross decrease of assessment due to diluvion, etc., (including jagirs||Net increase (khalsa to be collected as fluctuating revene)||Net decrease (khalsa) to be rimitted||Net amount of increase or decrease to be shown in the revenue roll of the following agricultural year||Remarks|
Notes: Column 3 the figures of the three large rivers of the province should be given separately, Those for the minor streams may be lumped together.
"Column 6,7 and 8:- Columns 6 and 7 should shown the actual amount involved, not neglecting fractions of a rupee, The amount shown in Column 8 will be the difference between columns 6 and 7 expressed in even rupees, fractions of a rupee not exceeding fifty paise being neglected (of paragraph 10 of Standing Order No.31) and should be preceded by a plus or minus, as the case may be."
Column 9:- Note in this column the officer by whom the assessment were made and tested, and the method adopted in assessing Reference should be made to settlement reports prescribing such method or to correspondence conveying special sanction.
6.6 Distribution of reduction or remission on account of diluvion -Where special rules have been framed, they provide for the preparation of a statement showing the distribution of the new assessment over holdings. Where no special rules have been framed, a statement should always be filled by the patwari, showing how the reduction or remission has been distributed among the several holdings which have suffered loss.
6.7 Assignments of land revenue how effected by alluvion and diluvion -When the land revenue of the estate has been assigned the assignee will benefit from any increase of revenue and will suffer from any loss. If he pays commutation for service in a fixed proportion upon his revenue, the commutation will fluctuate with the amount of the revenue.
6.8 Effect of removal of the land assigned by diluvion -An estate of plot, of which the revenue was assigned once swept away, has ceased to exist, and the assignee has no claim to the revenue of alluvial deposits afterwards formed upon the same site, unless then original owners would be entitled to recover possession of the newly formed land on the ground of their previous ownership.
6.9 From the alteration of revenue roll -Enhancement of revenue on account of alluvion or reductions on account of diluvion must be sanctioned by the Financial Commissioner (Revenue) before the alteration of the revenue roll. Reductions generally involve the remission of the current demand of land revenue, which has to be written off under the authority of the Financial Commissioner (Revenue) as an irrecoverable balance (Deleted).
6.10 Alterations to take effect from the kharif - Except where the orders passed at Settlement and still in force require the observance of a different practice, Increases due to alluvion and decreased due to diluvion should take effect from the kharif season in which they occurred, but while increases due to alluvion or to excess of alluvion over diluvion, in any village will be collected as fluctuating revenue due on account of the kharif harvest in which the alluvion and diluvion accurred, the decrease on account of losses due to dilution, or to excess of diluvion over alluvion, in any village will ordinarily be refunded by means of reductions frok the collections of the fixed revenue due on account of the following rabi. In all other cases a reduction will be made by the patwari in the demand recoverable for the following rabi from the individuals to whim refund is due, the reductions being duly incorporated in the fard bacch. The net increase or decrease for the district, as the case may be, will appear as an addition, or deduction in the rent roll submitted for the ensuing agricultural year in the following October.
6.11 Power of Collector to suspend in anticipation -Cases, in which it is apparent that a considerable decrease will be necessary in the demand of an estate, should be specially reported by the Tahsildar to Collector as soon as they come to his notice during the course of inspection, the Collector may, in such cases, at his discretion, suspend the collection of a suitable portion of the revenue, subject to the necessary adjustment, consequent on the final orders of the Financial Commissioner Revenue, on the proposed assessment.
6.12 Remissions, how shown in balance statements - The amount remitted on account of diluvion will be shown in the balance statements under the head "Irrecoverable", and the authority for remission will be the orders of the Financial Commissioner (Revenue) upon the annual statement of changes, in which the amount to be remitted shall be specified separately from the amount by which the rent roll of the succeeding year is to be altered.
6.13 Remissions for destruction of crops - Remissions for the destruction of crops should not be dealt with in diluvion work, but should be separately reported for sanction in the same way as remissions for crop failures of land other than reverain lands are reported,- vide standing order No.31