VILLAGE-OFFICERS AND PATWARISCentral

Section 145 of The Central Provinces Land-Revenue Act, 1881

The Chief Commissioner may make rules for the guidance of Deputy Commissioners in dealing with cases where, at the time of making the settlement next before this Act comes into force, the maintenance of patwari was made optional, and the persons settled with are unable to agree as to whether a patwari should be maintained, and for dealing with cases where no patwari is, under such option, maintained and the mukaddams proprietors have made default in the performance of the duties of a patwari. Such rules may empower the Deputy Commissioner, in the latter class of cases—

(a)to impose fines not exceeding fifty rupees on such mukaddams or proprietors, and therefrom to make provision for the temporary performance of the duties in respect of which they have made default;
(b)to appoint patwaris in the villages of such proprietors, either for the term of the settlement or for any shorter term, and to fix the remuneration of such patwaris. Nothing in the proviso to section one hundred and forty-four shall apply to patwaris so appointed.

Summary

Allows the Chief Commissioner to create rules guiding Deputy Commissioners when dealing with villages where maintaining a patwari was previously optional.
It addresses situations where villagers cannot agree on hiring a patwari, or where they default on doing the patwari duties themselves.
In cases of default, the Deputy Commissioner can fine the responsible mukaddams or proprietors up to fifty rupees to fund temporary record-keeping.
It also allows the Deputy Commissioner to appoint a patwari directly for the term of the settlement or shorter.
The six percent pay cap rule for proprietors does not apply to patwaris appointed in this specific default situation.

Practical examples

1A village without a patwari fails to keep its land records updated. The Deputy Commissioner fines the local proprietors 40 rupees to hire someone temporarily to finish the paperwork.

2Because the mukaddam completely ignored the village record duties, the Deputy Commissioner formally appoints a patwari for a three-year term and sets the pay at eight percent of the revenue, legally bypassing the usual six percent limit.

FAQ

1. When does Section 145 of the Central Provinces Land-Revenue Act, 1881 apply to a village?

Section 145 of the 1881 Act applies to cases where maintaining a patwari was made optional at the last settlement, and either the people cannot agree on whether to have one, or they fail to perform the patwari duties themselves.

2. How much can a Deputy Commissioner fine a defaulting mukaddam under Section 145 of the 1881 Land-Revenue Act?

Under Section 145 of the 1881 Act, the rules may empower the Deputy Commissioner to impose fines not exceeding fifty rupees on defaulting mukaddams or proprietors.

Test yourself

Q1.According to Section 145 of The Central Provinces Land-Revenue Act, 1881, what is the maximum fine a Deputy Commissioner can impose on a mukaddam who defaults on patwari duties?

Q2.Under Section 145 of the 1881 Land-Revenue Act, why might a Deputy Commissioner need to appoint a patwari in a village?

Q3.How do Section 144 and Section 145 of the Central Provinces Land-Revenue Act, 1881 interact regarding a patwari's remuneration limit?

Q4.What happens to the fine money collected under Section 145 of the 1881 Land-Revenue Act?

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