OF REVENUE AND VILLAGE RECORDS.Central

Section 123 of The Central Provinces Land-Revenue Act, 1881

Power to direct that rule or custom entered in record-of-rights shall be enforced by Government.

The Chief Commissioner may, in his discretion, by notification in the Official Gazette, direct that any specified rule, custom or condition duly entered in the record-of-rights of any specified village shall be enforced by the Government. Punishment of violation of such rules or custom.-- If any of the persons with whom a settlement or sub-settlement has been made, violate or neglect any rule, custom or condition with respect to which the Chief Commissioner has made a direction under this section, the Deputy Commissioner may, if no penalty is provided by any law for the time being in force for such violation or neglect, recover from such person a penalty not exceeding two hundred rupees

Summary

The Government can choose to strictly enforce specific village rules or customs that are written in the land records.
The Chief Commissioner must announce which rules will be enforced by publishing a notification in the official Gazette.
If a person holding a settlement violates or neglects an enforced rule, they can be punished.
The Deputy Commissioner has the power to fine the rule-breaker up to two hundred rupees.
This specific fine can only be applied if there is no other law that already provides a penalty for breaking that rule.

Practical examples

1The Chief Commissioner formally notifies the public that a village custom of clearing irrigation ditches must be enforced. A landlord named Bimal ignores the ditches, so the Deputy Commissioner fines him 150 rupees.

2A rule regarding community forest use is published in the Gazette. A farmer cuts down restricted trees. Since no other specific forestry law covers this exact breach, the Deputy Commissioner fines the farmer the maximum of 200 rupees.

FAQ

1. How does a village custom become legally enforceable under Section 123 of the Central Provinces Land-Revenue Act, 1881?

Under Section 123 of the Act, the Chief Commissioner must direct its enforcement through a notification published in the official Gazette.

2. What is the maximum financial penalty under Section 123 of the 1881 Land-Revenue Act?

The maximum penalty under Section 123 of the Act is two hundred rupees.

3. Can the penalty under Section 123 of the Central Provinces Land-Revenue Act be applied if a different law already punishes the action?

No. Section 123 of the Act clearly states the penalty can only be recovered if no penalty is provided by any other law for the time being in force.

Test yourself

Q1.Under Section 123 of the Central Provinces Land-Revenue Act, 1881, how does the Chief Commissioner direct that a rule be enforced?

Q2.What is the maximum penalty the Deputy Commissioner can recover under Section 123 of the Central Provinces Land-Revenue Act, 1881?

Q3.According to Section 123 of the Central Provinces Land-Revenue Act, 1881, the two hundred rupee penalty cannot be applied if what condition exists?

Q4.Under Section 123 of the Central Provinces Land-Revenue Act, 1881, who enforces the penalty on the violator?

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