THE ( BENGAL ) ALLUVION AND DILUVION ACT, 1847

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The (Bengal) Alluvion & Diluvion Act, 1847 was enacted for the purpose of scrutinizing the lands that are attained from the sea as well as from rivers due to alluvion or as a result of dereliction in the Bengal, Orissa and Bihar provinces. The Section 1 of the enactment provides for the repeal of some legislation. Accordingly, some parts of the stipulations under the Bengal Code that constituted tribunals and specify certain rules of process for conducting investigations with respect to the obligations incurred under the estimation of lands that are attained as a result of alluvion or dereliction from the sea or from rivers or considering the privilege of Government to the possession shall be terminated in the Bengal, Orissa as well as Bihar provinces after the implementation of the present enactment. Moreover, steps shall not be initiated subsequently in order to review such land or for the assertion of the privilege of Government to the possession. This can be done only as per the provisions of the present enactment. The Act further describes the term ‘province of Orissa’ which means some part of the Orissa provinces which is under the control of the Bengal Government on May 8, 1847.

Under the provinces pointed out in the enactment, the provincial administration in the entire districts or portions related with it of which a assessment on the revenue has been finished or yet to be finished and endorsed by the Government, to issue orders at reasonable times after the expiry of ten years from getting such sanction, fresh survey shall be conducted at river banks as well as at the sea shores. This assessment shall be valid under law and the survey is carried out for the purpose of determining the alterations that have existed from the date of the prior assessment conducted. It shall also enable new maps to be created as per the result of the presently conducted assessment. The Section 4 states the date on which the assessment is endorsed by the authorities concerned. The endorsement of the revenue assessment carried out in various districts or in some portions of the district that are surveyed as per the provisions of the enactment shall be supposed to be performed on the date which is prescribed subsequent to the authorization and publicized in the Gazette.

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Also, the enactment provides for the diminishing from jama of the properties from where land and soil that are being taken away. In view of that, when an examination of the new lap created, it is materialized to the local administrative authorities under the revenue department that some parts or the whole of such land has been taken away or loss has been incurred on the estate for which tax is being paid straight away to the Government, such authorities shall without any delay make decline from the sadar jama of the mentioned properties which is equivalent to the entire sadar jama of the said properties that holds to the entire properties in the similar ratio as that of the mufassal. But where the assessment cannot be carried out acceptably, then the concerned officials are granted power to deduct properties from that of the sadar jama the same as the entire sadar jama that holds the similar ratio which would be equal to the lost properties. Where a scrutiny of the map created recently is conducted, it is pointed out by the local authorities under the revenue department that land is included with the property for which tax is paid straight away to the Government, they are directed to review such payment with that of the tax that is to be paid originally to the Government without any impediment as per the rules that are implemented for scrutinizing alluvial augmentation and is directed to inform the measures taken to the Revenue Board. The decision of the Board shall be absolute with regard to such assessment.

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By the Amending Act, 1903, the provisions of the enactment shall be applicable to the entire Bengal Province excluding the Scheduled districts. The extendability of Act shall be annulled to some districts in the Bengal province as per the Angul Laws Regulation, 1936 as well as Khandmal Laws Regulation, 1936. Moreover, Section 3 of the legislation was also rescinded by enacting the Orissa Tenancy Act of 1913.