OF CERTAIN INVESTIGATIONS BY THE SETTLEMENT-OFFICER AND THE PREPARATION OF THE RECORD-OF-RIGHTS.Central

Section 78 of The Central Provinces Land-Revenue Act, 1881

If a dispute arises regarding any matter mentioned or referred to in sections sixty-eight, sixty-nine, seventy, seventy-two and seventy-seven, clauses (b), (c) and (d), the Settlement-officer shall decide it summarily after making such enquiry as he thinks fit, and shall not be bound to hear any party to such dispute or to receive any evidence tendered by any such party; but in the case of every such dispute he shall record a proceeding stating the nature of such dispute,· his decision thereon, the grounds of such decision and such other particulars as he thinks fit.

Summary

This provision creates a fast-track process for Settlement-officers to decide certain disputes without a formal trial.
It applies to specific conflicts, including those about common land, irrigation, and tenant rents mentioned in earlier sections.
The officer can make a quick decision after performing whatever investigation they feel is appropriate.
The officer is not legally required to listen to the people involved or look at their evidence.
Even though the process is fast, the officer must write down the nature of the dispute, their decision, and the reasons for it.

Practical examples

1Two farmers fight over a right of way. The Settlement-officer visits the farm, looks at the path, and immediately decides the case without letting lawyers speak or holding a trial. He writes his reasons in a ledger.

2A man brings a stack of letters to prove he owns the produce of a common tree. The officer refuses to read the letters, makes a quick decision based on a chat with the village headman, and records the ruling.

FAQ

1. Does a Settlement-officer have to hold a hearing under Section 78 of The Central Provinces Land-Revenue Act, 1881?

No, under Section 78 of the 1881 Act, the officer is not bound to hear any party to the dispute.

2. Can a Settlement-officer refuse to look at evidence under Section 78 of the Central Provinces Land-Revenue Act?

Yes, Section 78 of the Central Provinces Land-Revenue Act says the officer is not bound to receive any evidence tendered by a party.

3. What paperwork must an officer complete after a quick decision under Section 78 of the 1881 Land-Revenue Act?

Section 78 of the 1881 Land-Revenue Act requires the officer to record the nature of the dispute, the decision, and the grounds for that decision.

Test yourself

Q1.How does a Settlement-officer make a decision under Section 78 of The Central Provinces Land-Revenue Act, 1881?

Q2.Under Section 78 of the 1881 Land-Revenue Act, how must a Settlement-officer handle a dispute over an irrigation custom that was identified in Section 77?

Q3.What is a Settlement-officer not legally bound to do under Section 78 of The Central Provinces Land-Revenue Act, 1881?

Q4.Despite the summary nature of the decision, what must the officer record under Section 78 of the 1881 Act?

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