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Clarke, Richard [Hrsg.]
The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (1): Regulations from 1793 to 1805 — London, 1854

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https://doi.org/10.11588/diglit.34367#0123
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A.D. 1793.]

REGULATION VIII.

65

subjecting liim to a specific assul jumma, with ail increases, abwabs, and
mhatoots imposed on the purgunnah generally; but this for such part of
the land only as the grantee brings into a state of cultivation : and the
grantee is further subject-to the payment of a certain specified portion of
all complimentary presents and fees, which he may receive from his
under-tenants, exclusive of the fixed revenue. The pottah specifies the
boundaries of the land granted, but not the quantity of it, until it is
brought into cultivation.
IX. The rules in Section V. respecting talooks, have also been extended
to ayma lands liable to the payment of a fixed quit revenue, denominated
malguzarry aymas; and, agreeably to the distinctions laid down in that
section, it has been ordered, that such malguzarry ayma tenures as are
held under grants of the Mahomedan Government previous to the Com-
pany's accession to the Dewanny, or which have been since granted by
proprietors of estates for a consideration received by them, are to be
separated from the proprietors to whom their revenue is now paid, as
coming within the spirit of the rules for the separation of talookdars who
are proprietors of the lands composing their talooks. But malguzarry
ayma tenures which may appear to have been bona fide granted for the
purpose of bringing waste lands into cultivation, shall continue included
in the estates to which they are now annexed, as coming within the rules
in Section VIII. respecting jungleboory talooks.
X. The rules contained in the foilowing section have been prescribed
for the guidance of the cohectors in carrying into execution the rules
relative to the separation of talookdars, who are the actual proprietors
of the lands composing their talooks and are declared entitled to separation.
XI. Every talookdar being considered as the rightful possessor of his
talook, until a better title is established against him by due course of
law, the "point to be ascertained by the collectors, in carrying the above-
mentioned orders into effect, is not whether the holders of the several
talooks under their authority are the lawful possessors of the talooks held
by them, but whether the nature of their tenure is such as to entitle them
to separation, under the rules contained in Sections V. and IX.; to
ascertain which, they are to call upon the talookdars to produce their
title-deeds, and after having examined them, are to separate from the
jurisdiction of the zemindars, or other actual proprietors of estates, those
who may appear to them to be actual proprietors of the lands composing
their talooks, as described in those sections, continuing the remainder
under the zemindars, or other actual proprietors, as heretofore. If a
talookdar should have no title-deeds to produce, the collector is to make
a summary inquiry into his right to separation, and after attending to such
proofs and documents as may be produced by the talookdar in support of
his title to separation, and by the zemindar, or other actual proprietor, in
objection thereto, is to decide, according to the best of his judgment,
whether such talookdar be entitled to separation or not, and conclude the
settlement accordingly.

the same manner as
the proprietors of inde-
pendent talooks.

ayma lands shall not be
separated.

Rules pointed out for
the guidance of collec-
tors in carrying into
execution the orders

To examine the title-
deeds of talookdars, and
separate from the ju-
appear to he the actual
proprietors of their ta-
looks.
How to proceed in
the event of a talook-

XII. The collectors are to acquaint the talookdars whom they may

Talookdars adjudged
 
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