in Council to forward, for the information of His Excellency the Governor in Council, the accompanying copy of a circular letter this day addressed on the subject to the Governments of Bengal, the North-Western Provinces, and the Punjab.

2. The Governor General in Council requests that a copy of the rules which the Government of Fort St. George may adopt for regulating the sale of waste lands in that Presidency, in conformity with the modified provisions now prescribed by Her Majesty's Government, be communicated to this Government as soon as possible.

3. His Excellency in Council further requests to be favoured, at an early date, with the views of the Government of Fort St. George as to the extent to which the important measure of a permanent settlement of the land revenue, subject to the conditions prescribed by Her Majesty's Government, is applicable to the territories under the Madras Presidency.

Sir,

Fort William, 5 September 1862. WITH reference to my letter No. 4206, dated the 15th ultimo, I am directed to suggest, for the consideration of the Honourable the Lieutenant Governor, that irrespectively of the applications which may be at once received for grants of waste lands, and which it will of course be necessary to dispose of with as little delay as possible, it would seem very desirable that measures should be taken, in any district where a demand for waste lands is likely to arise, to have the entire extent of such lands surveyed at as early a period as practicable, and marked out in suitable allotments, comprising each, as nearly as may be, the area specified in the Resolution of October last, viz. 3,000 acres, except where, for special reasons, it may be deemed advisable in any district to dispose of the land in smaller or larger allotments In effecting a general survey and allotment of this land, regard will of course be paid to the arrangement of the lots, so that each may have convenient access to any stream that may flow through the lands, or any intended line of road communication.

2. If a map and register of the waste lands in every district, founded on such a survey and allotment as that above referred to, were available, it would probably operate in future as a great inducement to persons to apply for waste lands, from the readiness with which the revenue officers would be enabled to dispose of all applications, and from the perfect facility which would be afforded to every applicant of taking prompt possession of the grant

allotted to him.

3. It may not, however, be necessary that an intending purchaser should, under all circumstances whatsoever, be strictly confined to one of the lots thus marked out, if for special reasons he should be desirous to select an area comprised within more than one of such lots, and if there should be no objection as regards the interests of other grantees to permitting him to do so. But in any such case a fresh demarcation would have to be made, entailing of course some delay and additional cost to the purchaser, who should be charged, in addition to a proportion of the cost of the general survey and demarcation, that of the fresh demarcation rendered necessary by his selection of particular lands.

I have, &c.

(signed) E. C. Bayley,

Secretary to the Government of India.

From E. C. Bayley, Esquire, Secretary to the Government of India, to-
Secretary to Government, Fort St. George, No. 4881 A.

Bombay
Bengal

N. W. Provinces

Sir,

Fort William, 9 September 1862.

IN the last clause of paragraph 12 of my letter No. 4206, dated the 15th ultimo, it was intimated that as legislation would be necessary to give legal effect to the provisions of paragraph 19 of the Resolution of the Government of India, dated the 17th October 1861, a Bill for that object would be introduced on the meeting of the Council of the Governor General for legislative purposes. And in paragraph 56 of the Resolution of October 1861, it was declared that, " with a view to secure the Government and the public creditor against any loss of existing sources of Government income, provision would be made by law that all sums paid in purchase of waste lands, or in redemption of land revenue, or in otherwise forestalling the land revenue, should be paid to Commissioners, and periodically invested in such manner as the law might direct; that the Commissioners would report annually to Government the total amount they had received and invested, and the districts from which it had been received, and that their reports would be published."

2. I am now directed by the Governor General in Council to transmit to you the accompanying draft of a Bill which has been prepared to carry out both the above objects, and to invite an expression of opinion on its provisions, and any suggestion for its improvement which the Government of Fort St. George may think proper to make.

3. The several provisions of the draft Bill, I am to observe, appear sufficiently to explain the manner in which it is proposed to accomplish the objects contemplated by the Bill. As regards the first of those objects, namely, the adjudication of claims to any waste lands ordered to be sold under the orders of the Government of India, dated the 15th ultimo, No. 4206, and the Despatch from the Secretary of State, a copy of which was circulated with those orders, it is sufficient to remark that the Bill will afford ample time to all persons who have any such claims to prefer, to bring forward the same, and will secure to them a full inquiry into their claims, and a speedy decision thereon by competent officers; while in what may be expected to be the very rare case of a person who may have been prevented by any sufficient cause from preferring his claim to the proper officer within the time allowed, provision is made for such person receiving, by way of compensation, on proof of his claim, the market value of the land claimed, as indicated by the price which it brought at public auction.

4. To permit such claims to lie dormant for the period of 12 years, the term fixed by the Law of Limitation, or to allow of the reversal of a sale actually made, would obviously deter purchasers from coming forward and investing their money in land on a title open to contest, and thus the object of the Government in offering waste lands for sale would be defeated, and the interests of the public would suffer. The case of these lands is, obviously, altogether exceptional, and may be properly treated as such.

5. Passing on to the second object which the Bill has in view, viz., to provide for the investment in Government securities of the proceeds arising from the sale of waste and other Government lands, and from the redemption of land revenue, it will be seen that it is proposed to except from the operation of this part of the Bill lands belonging to Government within the limits of any town, and also lands taken by Government for any public purpose, or for any purpose of public utility for which land may be taken by order of Government under any law for the time being in force.

6. In the town of Calcutta the Government is the proprietor of several parcels of land which are intended for the sites of public buildings. It may hereafter be found desirable not to build upon these sites, but to sell the land, and with the sale proceeds to purchase other sites. The money realised by the sale of the present sites would not, however, be available for the purchase of new sites if the sections of the Bill above referred to were not restricted in their application as proposed.

7. In the town of Rangoon, again, there is still a large quantity of land, the property of Government, remaining unsold; but provision has already been made for the sale proceeds of this land, whenever it may be disposed of, being applied to the construction of public works within the town of Rangoon. This provision could not be carried out if the land to which it applies were not excepted from the operation of the sections in question.

8. As regards land taken for public purposes, or by an order of Government under any law for the time being in force, for works of public uility, such as tramways, canals, and other works of the like character, which private individuals or companies may undertake to construct, it may happen that the land is not required, or that it may cease to be required for the purpose for which it was taken, and there seems no reason why the Government should not be allowed to dispose of any land so circumstanced, and with the sale proceeds buy other land required for any public purpose, or any work of public utility. This, however, could not be done without a provision, such as is contained in the last section but one of the Bill. Much of the land to which that section is intended to apply will have been purchased out of the current revenues or income of the country.

9. I am particularly desired to request that you will be good enough to move the Government of Madras to reply to this reference at their earliest convenience, for it is obviously desirable that the Bill should pass into law with as little delay as possible after the Council of the Governor General next meets for legislative purposes, as it probably wili within a few weeks from this date.

I have, &c. (signed) E. C. Bayley, Secretary to the Government of India.

Preamble.

Claim to lands to be preferred to Collector, &c. Lefore day of sale.

If claim esta

Enclosure 5, in No. 3.

A BILL to provide for the Adjudication of Claims to Waste Lands, and for the Investment of the Proceeds arising from the Sale of such Lands, and of other Government Lands, and from the Redemption of Land Revenue.

WHEREAS with a view to their speedy determination it is expedient to make special provision for the adjudication of claims which may be preferred to waste lands ordered to be sold on account of Government, and for the purchase of which application may be made; and whereas it is also expedient to make provision for the investment in Government securities of the proceeds arising from the sale of such lands, and of other Government lands, and from the redemption of land revenue; it is enacted as follows:

I. When any claim shall be preferred to any waste land ordered to be sold on account of Government, the Collector of the district in which such land is situate, or other officer performing the duties of a Collector of land revenue in such district, by whatever name his office is designated, shall, if the claim be preferred within the period of the advertisement issued for the sale of such land, which period shall not be less than thirty days, proceed to make an inquiry into the claim, postponing the sale pending such inquiry, and the result of any suit to be instituted as hereinafter provided. The Collector or other officer as aforesaid shall call upon the claimant to produce any evidence or documents upon which he may rely in proof of his claim, and after considering the same, and making any further inquiry that may appear proper, shall dispose of the case by an order for the admission or rejection of the

claim.

II. If the Collector or other officer as aforesaid shall consider the claim to be established, blished, the sale is he shall stop the sale; but such sale may afterwards be proceeded with if, on an order issued to be stopped. by the Local Government to try the claim as provided in section IV. of this Act, the claimant shall fail to establish the same.

If claim not esta

blished, Collector, &c. shall report it to Government.

If claim admitted,
Government may,
within twelve
months, order a suit
to be brought to
try it.

A special Court to
be constituted for
trying claims.

III. If the Collector or other officer as aforesaid shall consider that the claim should be rejected, he shall make an immediate report of the case for the orders of the Local Government, stating fully all the circumstances and the proofs adduced in support of the claim; and the Local Government on such report, or after calling for any further information that it may consider necessary, may order a suit to be instituted against the claimant to try his claim in a Court constituted as hereinafter provided.

IV. The Local Government may within 12 months after the date on which the claim of any claimant of waste land shall have been admitted under this Act by the Collector or other officer as aforesaid, direct a suit to be brought to try the claim of the claimant in a Court constituted as above.

V. For the investigation and trial of claims under this Act, the Local Government shall constitute in every district in which there may be any waste lands capable of being sold, a Court consisting of three judges, of whom the Judge of the District, or the officer presiding in the principal civil court of original jurisdiction in the District, by whatever name his office may be designated, shall be one. Any one or more of the judges of which such Court shall consist, shall have power to make all such orders in the case as may be necessary prior to the hearing of the suit.

VI. Whenever

VI. Whenever any Court is constituted under this Act, notice thereof shall be given by a written proclamation, copies of which shall be affixed in the several Courts, and in the offices of the several collectors and magistrates of the district; and from the date of the issue of such proclamation no other Court shall be competent to entertain any claim belonging to the class of claims for the trial and determination of which such Court is constituted.

Notice tobe given. of the constitution. of special Courts: claims not cogni sable in other

Courts.

VII. The Courts constituted under this Act shall be held at such place or places within Special Courts may the limits of their respective jurisdictions, as shall be considered most convenient.

VIII. In every suit instituted under this Act by order of the Local Government, the Collector or other officer as aforesaid shall appear as plaintiff on the part of Government, and the claimant of the waste land shall appear as defendant. Either party may appear by pleader or by agent. Provided, that if such other officer as aforesaid be the presiding officer of the principal civil court of original jurisdiction in the district, the Local Government shall appoint some other officer to appear as plaintiff in the case on its behalf.

IX. In suits instituted under this Act, except as hereinafter provided, the proceedings shall be regulated, so far as they can be, by the code of civil procedure. Provided, that in suits instituted by order of the Local Government no stamp duties shall be chargeable on the petition of plaint, or, during the progress of the suit, on any other writing or instrument under Schedule B., Act X. of 1862 (to consolidate and amend the law relating to stamp duties); but at the termination of the suit, if the claim of the claimant be dismissed, the Court shall calculate the amount of stamp duty which would have been paid in the suit had it been instituted in the ordinary mode, valuing the land in suit at the price which the Local Government shall by any order issued by it fix as the upset price at which waste land in the district in which such land is situate shall be put up for sale, and such amount shall be recoverable by Government from the claimant, in the principal civil court of original jurisdiction of the district, in the same manner as costs of suit are recoverable under the code of civil procedure.

be held when con-
venient.

Collector, &c., to be
plaintiff, and
in all suits.

claimant defendant

Suits to be regulated by Civil ProStamps not charge able in first

cedure Code:

instance.

X. The Court shall fix a day for the appearance of the parties, and for the hearing of Procedure before the suit, of which due notice shall be given to the parties or their agents, and on the day so hearing of suit. fixed the parties or their agents shall bring their witnesses into court, together with any documents on which they may intend to rely in support of their respective statements. If either party require the assistance of the Court to procure the attendance of a witness on such a day, he shall apply to the Court in sufficient time before the day fixed for the hearing of the suit, and the Court shall issue a subpoena requiring such witness to attend the Court on that day. It shall be competent to the Court to require the personal attendance of the claimant of the waste land on the day fixed for the hearing, or at any subsequent stage

of the suit.

XI. On the day fixed for the hearing of the suit, or as soon after as may be practicable, Procedure on the Court shall proceed to examine the claimant of the waste land, or his agent (when his hearing. personal attendance is not required), and the witnesses of the parties, and upon such examination and after inspecting the documents of the parties, and making any further inquiry that may appear necessary, shall proceed to pass such order in the case as it may consider just and proper.

XII. No appeal shall lie from any decision or order passed under this Act, nor shall any No appeal. such decision or order be open to revision.

XIII. The records of cases disposed of by Courts constituted under this Act, shall be deposited amongst the records of the principal civil court of original jurisdiction in the district in which the property in dispute is situate.

XIV. No claim to any land, or to compensation or damages in respect of any land sold or ordered to be sold on account of Government as waste land, shall be received after the expiration of 12 months from the date on which such land shall have been delivered by the Government to the purchaser. If within 12 months after any lands have been delivered by the Government to the purchaser, any claimant shall prefer a claim to the land so delivered, or to compensation or damages in respect thereof in the Court constituted under this Act for the district in which the land is situate, and shall show good and sufficient reason for not having preferred his claim to the Collector or other officer as aforesaid within the period limited under section 1 of this Act, such Court shall file the claim, making the claimant plaintiff, and the Collector of the district or other officer as aforesaid (with the like provision as aforesaid, if such other officer be the presiding officer of the principal civil court of original jurisdiction in the district) the defendant in the suit, and the foregoing provisions of this Act shall be applicable to the trial and determination of the suit, except that the claim shall be upon a stamp paper of the value prescibed for petitions of plaints in regular suits, the land being valued as provided in section 9 of this Act, and any other instruments or writing in the case requiring to be stamped under Schedule B. of the said Act X. of 1862, shall bear the stamp prescribed by that schedule. The report of the officer employed to give delivery on the part of Government of the land sold, shall be conclusive evidence as to the date on which such delivery was made.

Records of cases where to be depo

sited.

Claim to land if not preferred within 12 months, how to be

dealt with.

If claim esta

blished, compensation to be given.

Government may award compensation, though claim not regularly made.

Purchaser how to hold his lands.

Proceeds of waste lands, &c., to be ment securities.

Separate accounts to be kept.

Annual statement to be published of monies invested.

Last three preceding sections not to apply to lands taken for public purposes, &c.

Interpretation.
Number.
Gender.

XV. If the Court be of opinion that the claim of the claimant is established, the Court shall not award the claimant possession of the land in dispute, but shall order him to receive from the Government Treasury, by way of compensation, a sum equal to the price at which the land was sold, in addition to the costs of suit, and such award shall be in full satisfaction of the claim of the claimant, and shall bar any future claim on his part in respect to the land in suit resting on the same cause of action, or on a cause of action which existed prior to the date of the sale of the land on account of Government.

XVI. Nothing in this Act shall be held to prevent the Local Government from awarding to any claimant of waste land sold on account of Government, on proof to the satisfaction of the Local Government of the claim of such claimant, (notwithstanding that he may not have preferred his claim either to the Collector or other officer as aforesaid, or to the proper Court constituted under this Act, within the period prescribed by this Act), such amount of compensation for the said land within the limit as to amount mentioned in the last preceding section, as to such local Government may seem proper.

XVII. Every conveyance or deed of grant executed by Government upon a sale of waste lands, shall be effectual to pass the lands thereby granted or conveyed, and the feesimple and inheritance thereof as therein expressed, discharged from all prior or other estates, rights, titles, charges or incumbrances whatsoever, whether of the Government or of any other person; provided that nothing in this Act shall be held to exempt the purchaser of such land, or any person holding or claiming through or under him or the person named in any grant for the redemption of the Government revenue on any land, or any person holding or claiming through or under him, from any general taxation which may hereafter be imposed for imperial purposes, or from any local rates or taxes for the construction or maintenance of roads, or for any other public purpose.

XVIII. All monies paid to Government after the passing of this Act, on account of the sale of any waste or other land the property of Government, or of the redemption of land revenue, shall be invested in Government securities, in the names of the Head Commissioner of Currency, appointed under Act XIX. of 1861 (to provide for a Government paper currency), and of the Master of the Mint at Calcutta as Commissioners for the purposes of this Act, provided that if the Head Commissioner of Currency at Calcutta be Master of the Mint, the Governor General in Council shall appoint another trustee or trustees in addition to the Master of the Mint, as Commissioner or Commissioners for the purposes of this Act.

XIX. All moneys invested in Government securities under this Act, and the interest accruing due on such securities, shall be entered in a separate account, to be rendered by the Head Commissioner as aforesaid at Calcutta to the Governor General in Council, at such time and in such form as the Governor General in Council shall direct, and the amount of such interest shall, from time to time, as it becomes due, be paid by the Accountant General to Government of India into the revenues of the Government of India under the head of "Interest on Government securities purchased with money realised by the sale of waste and other land the property of Government, and by the redemption of land revenue."

XX. A statement shall be published annually at the close of each year, or as soon after as possible, in the official "Gazettes" of the several Presidencies, Lieutenant Governorships, and provinces under chief Commissioners, of the amount and nature of Government securities held under this Act, of the monies invested in such securities under this Act during the year, and of the interest which accrued thereon, and was paid into the revenues of the Government of India within the same period. The statement shall exhibit the foregoing particulars separately for each Presidency, Lieutenant Governorship, and province under a chief Commissioner.

XXI. The provisions of the last three preceding sections of this Act shail not apply to the sale proceeds of any land within the limits of any town sold on account of Government, or of any land taken by Government for any public purpose, or for any purpose for which land may be taken by order of Government under any law for the time being in force, if such land should not be required or should cease to be required for the purpose for which it was taken, and should be sold on account of Government.

XXII. Unless the contrary appears from the context, words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number; and words importing the masculine gender shall include females.