19 Bill No. XX of 1937 to abolish the Khoti System 17th September 1937 - Page 118

z:\ ambedkar\vol-02\vol2-02.indd MK SJ+YS 21-9-2013/YS-8-11-2013 99

A BILL TO ABOLISH THE KHOTI SYSTEM

99

(2) The Khot shall report to the Collector from time to time in writing of any change that may subsequently occur in any of the particulars contained in the statement lodged under sub-section ( i ).

(3) Liability to make statement. —Every Khot required to make or deliver a statement under the preceding section shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.

  1. Statement to be evidence. —The entries in the statement furnished by the Khot under section 11 shall be conclusive evidence as against the Khot of the facts contained therein in any suit or proceeding to which the Khot or his representative in interest is a party.

  2. Penalty for not furnishing statement. —( i ) Any Khot who in contravention of the provision contained in sub-sections (1) and (2) of section 11 refuse or neglects to lodge a statement when required to do so or refuses or neglects to report any change occurring subsequently in any of the particulars of the statement shall be punished for each such offence with fine which may extend to 100 rupees.

( ii ) Any Khot neglecting to make a statement as required by sub-section ( 1 ) of section 11 within the prescribed period shall be liable at the discretion of the Collector to be charged a late fee not exceeding five rupees a day of every day of the delay which shall be leviable as an arrears of Land Revenue.

  1. Provision for obtaining certified copies. —In all cases in which a statement is lodged by the Khot and in all cases in which in the course of an enquiry documents have been filed and decisions have been given authenticated copies of entries in the statement of documents and decisions shall be furnished to the parties and to those claiming under them on due application being made for the same subject to such charges for copying, etc., as may from time to time be prescribed by Government.

  2. Authority to Government to make rules. —(1) It shall be lawful for the Government to make rules for giving effect to the provisions of this Act and in particular providing for—

( i ) the form, contents, publication and service of the notification.

( ii ) the determination of the amount of compensation, and the mode of payment,

( iii ) the appointment of Tribunal to hear and decide references,

( iv ) the fees and cost to be paid by claimants on applications, references and authenticated copies of documents, entries and decisions arising in any proceedings under the Act,

( v ) the production of documents by parties and the maintenance of the documents produced or lodged.

(2) The power to make rules under this section shall be subject to the condition of previous publication in the Bombay Government Gazette.

(3) The rules made under this section shall be laid on the table of the Legislative Assembly for not less than one month previous to the next session thereof and shall be liable to be rescinded or modified by a resolution of the said Assembly. If any rule is modified or rescinded, Government shall accept the modification and republish the rule accordingly or shall rescind the rule.