(1) All public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark and of rivers, streams, lakes and tanks, all back-waters, canals and water courses, and all standing and flowing water and all lands, wherever situated save in so far as the same are the property - ________________________________________________________________________
1.The Act came into force on the 1st day of July, 1971 vide Notification No.E. 829/68 Revenue-i dated 26-6-1971 - Extraordinary Gazette No.69 dt. 28-6-1971.
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(a) of any person holding under ryotwari tenure or in any way subject to the payment of land tax direct to Government, or
(b) of any other person holding land under grant from the Government otherwise than by way of lease or licence, and, as to lands, save also in so far as they are temple site or owned as house- site or backyard, are, and are hereby declared, to be, the property of Government except as may be otherwise provided by any law for the time being in force, subject always to all rights of way and other public rights and to the natural and easement rights of other land-owners, and to all customary rights legally subsisting.
(2) All public roads and streets and sites vested in any local authority shall, for the purposes of this Act, be deemed to be the property of Government.
Explanation: -- In this section, “high water mark” means the highest point reached by ordinary spring tides at any season of the year.
Levy of assessment of lands unauthorisedly occupied
4. Any person who shall unauthorisedly occupy any land which is the property of Government shall be liable to pay by way of assessment:-
(i) if the land so occupied forms an assessed survey number or part thereof, the full assessment of such number for the whole period of his occupation or a part thereof proportionate to the area occupied, as the case may be;
(ii) if the land so occupied be unassessed, an assessment on the area occupied calculated for the same period at the rate imposed on lands of a similar quality in the neighbourhood, or at the highest dry or wet rate of the village, as the case may be, or when no such rates exist in such manner as may be prescribed:
Provided that payment of assessment under this section shall not confer any right of occupancy.
Explanation. --- For the purposes of this section, occupation for an incomplete portion of a year may be deemed to be occupation for a whole year.
496 Conclusiveness of decision as to amount of assessment
5. The decision as to the rate or amount of assessment payable under section 4 shall be recorded in writing and shall not be questioned in any civil court.
Liability of person unauthorisedly occupying land to penalty after notice
6. Any person liable to pay assessment under section 4 shall also be liable at the discretion of the Deputy Collector (Revenue) or subject to his control, the Tahsildar or Deputy Tahsildar, as the case may be, to pay in addition by way of penalty:-
(i) If the land be assessed land, a sum not exceeding five rupees or, when ten times the assessment payable for one year under section 4 exceeds five rupees, a sum not exceeding ten times such assessment:
Provided that no penalty shall ordinarily be imposed in respect of the unauthorised occupation of such land for any period not exceeding one year:
(ii) if the land be unassessed, a sum not exceeding ten rupees, or when twenty times the assessment payable for one year under section 4 exceeds ten rupees, a sum not exceeding twenty times such assessment.
Notice before proceeding under section 6
7. Before taking proceedings under section 6, the Deputy Collector (Revenue), or the Tahsildar or Deputy Tahsildar or Revenue Inspector, shall cause to be served in the prescribed manner on the person reputed to be in unauthorised occupation of land being the property of Government, a notice specifying the land so occupied and calling on him to show cause before a certain date why he should not be proceeded against under section 6:
Provided that where the notice under this section is caused to be served by the Revenue Inspector, he shall require the person reputed to be in unauthorised occupation of the land to show cause against such notice to the Tahsildar or Deputy Tahsildar having jurisdiction and shall also make a report in writing containing such particulars as may be prescribed.
497 Recovery of assessment or penalty levied as arrears of land revenue
8. The amount of assessment and penalty imposed under this Act on any person unauthorisedly occupying any land shall be deemed to be land revenue and may be recovered from him as arrears of land revenue under the law relating to recovery of land revenue for the time being in force.
Appeal
9. An appeal shall lie,:-
(a) to the Deputy Collector (Revenue) against any decision or order passed by a Tahsildar or Deputy Tahsildar, as the case may be, under this Act,
(b) to the Collector from any decision or order of the Deputy Collector (Revenue) passed otherwise than on appeal, and
(c) to the Government from any decision or order of the Collector passed otherwise than on appeal.
Revision