Section 58 of The Central Provinces Land-Revenue Act, 1881
If some of the proprietors consent, and some refuse, so to accept the assessment offered, the Settlement-officer may, with the previous sanction of the Chief Commissioner, if the interest of the recusant proprietors in the lands taken into account in the assessment consists entirely of lands held by them separately form the other proprietors, exclude such in the lands taken into account in the assessment consists entirely of lands held by them separately from the other proprietors, exclude such recusant proprietors from settlement for a period not exceeding thirty years from the date of such exclusion, and either let their lands in farm or take such lands under direct management. In other cases the assessment of the entire mahal shall be offered to the proprietors who consented to accept the assessment when originally offered, and if they refuse it the mahal shall be dealt with under the provisions of section fifty-seven. When the recusant proprietors are excluded under this section, the lands of the proprietors who consented to accept the assessment originally offered shall be deemed to be a separate mahal, and shall be assessed as such; and such assessment shall be offered to the proprietors so consenting; and if the lands of the recusant proprietors are let in farm, the farm shall be first offered to the proprietors who consented to accept the assessment originally offered.
Summary
- This rule explains how to handle a situation where some owners agree to the tax rate but others refuse it.
- If the refusing owners hold lands entirely separate from the others, they can be excluded for up to thirty years, and their specific lands can be farmed out or managed directly.
- If their lands are not separate, the entire estate is offered to the consenting owners, and if they also refuse, the whole estate is penalized.
- When refusing owners are excluded, the lands of the consenting owners become a separate estate with its own tax assessment.
- If the excluded owners' lands are rented out as a farm, the consenting owners get the first opportunity to take that farm.
Practical examples
FAQ
1. Under Section 58 of The Central Provinces Land-Revenue Act, 1881, can an officer exclude only the refusing owners?
Under Section 58 of the Act, the officer can exclude just the refusing owners if their interest consists entirely of lands held separately from the other owners.
2. Who gets the first chance to farm the excluded lands under Section 58 of the 1881 land law?
Section 58 of The Central Provinces Land-Revenue Act, 1881 requires that the farm of the excluded owners' lands must first be offered to the owners who originally consented to the assessment.
3. What happens under Section 58 of the Central Provinces Land-Revenue Act, 1881 if the refusing owners' lands are not separate?
Under Section 58 of the Act, the assessment of the entire estate is offered to the consenting owners, and if they refuse it, the estate is dealt with as if everyone refused.
Test yourself
Q1.Under Section 58 of The Central Provinces Land-Revenue Act, 1881, what condition allows the officer to exclude only the refusing owners?
Q2.According to Section 58 of the 1881 Land-Revenue Act, what happens to the lands of the consenting owners when the refusing owners are excluded?
Q3.Under Section 58 of the Central Provinces Land-Revenue Act, 1881, if the lands of the excluded owners are let in farm, who is offered the farm first?
Q4.Under Section 58 of The Central Provinces Land-Revenue Act, 1881, if refusing owners do not hold separate lands, the assessment is offered to consenting owners, but if they also refuse, which section dictates the next step?