72
REGULATION VIII.
[A.D. 1793.
the malikanah of pro-
prietors.
How to be paid when
the lands are held khas.
made by proprietors
with the talookdars
continued under them,
and inwhat manner.
Restrictions regard-
ing the assessment of a
certain description of
istemrardars, who are
to be considered as
leaseholders.
land in the preceding
section is not to extend.
the ten per cent, malikanah to the proprietor of the lands farmed by him,
in addition to the jumma payable by him to Government, and to pay this
malikanah monthly, according to the kistbundy fixed for the sudder jumma,
with an exception to any cases in which it may have been otherwise
stipulated with the farmers.
XLYL* The collectors are to enforce payment of the malikanah speci-
fied in Section XLV. from the farmers, by the same process as is prescribed
for enforcing payment of arrears of the public revenue, if they shall at any
time neglect to pay the instalment due from them; and Government are
to be considered as guarantees for the full payment of the fixed allowance
to the several excluded proprietors.
XLVII.* In the event of the lands being held khas, on the refusal of
the proprietor to engage for the settlement of them, the malikanah, calcu-
lated as above specified, is to be paid monthly from the treasuries of the
collectors, and it shall be paid entirely in money, instead of half in cash
and half in paper, as formerly.
XLVIII. The settlement having been concluded with the zemindars,
independent talookdars, and other actual proprietors of land, they are to
enter into engagements with the several dependent talookdars continued
under them respectively, and consequently paying revenue through them
for the same period as the term of their own engagements with Govern-
ment, provided the talookdars will agree to such revenue, progressive or
otherwise, as the zemindar, or other actual proprietor of land, may be
entitled to demand from them; and the several zemindars, or actual
proprietors of land, to whom this rule may be applicable, are required to
deliver to the collector, within three months after the conclusion of the
settlement with them, a record of the engagements entered into between
them and the talookdars dependent on them, specifying their names and
talooks, and the jumma payable by each.
XLIX. It is to be understood, however, that istemrardars (mocurrerv-
dars) of the nature of those described in Section XVIII., who have held
their land at a fixed rent for more than twelve years, are not liable to be
assessed with any increase, either by the officers of Government or by the
zemindar or other actual proprietor of land, should he engage for his own
lands. With regard to such istemrardars, also, as have not held their
lands at a fixed rent for so long a period, if the zemindar, or other
actual proprietor of land, has bound himself by the deed which he
may have executed not to lay any increase upon them, he shall not be
allowed to infringe the conditions of the deed for his own benefit, but
must confine his demands to the rent he may have voluntarily agrped to
receive.
L. This last restriction imposed on the zemindar, or other actual pro-
prietor of land, in Section XLIX., is not to be considered to preclude the
officer of Government or farmer, in the event of the zemindarrv being
SeeCl.8, Sec
xv. Reg. VII
1799, Sec. iii
Reg. V. 1812
XVIII. 1812^
* See note in the preceding page.
REGULATION VIII.
[A.D. 1793.
the malikanah of pro-
prietors.
How to be paid when
the lands are held khas.
made by proprietors
with the talookdars
continued under them,
and inwhat manner.
Restrictions regard-
ing the assessment of a
certain description of
istemrardars, who are
to be considered as
leaseholders.
land in the preceding
section is not to extend.
the ten per cent, malikanah to the proprietor of the lands farmed by him,
in addition to the jumma payable by him to Government, and to pay this
malikanah monthly, according to the kistbundy fixed for the sudder jumma,
with an exception to any cases in which it may have been otherwise
stipulated with the farmers.
XLYL* The collectors are to enforce payment of the malikanah speci-
fied in Section XLV. from the farmers, by the same process as is prescribed
for enforcing payment of arrears of the public revenue, if they shall at any
time neglect to pay the instalment due from them; and Government are
to be considered as guarantees for the full payment of the fixed allowance
to the several excluded proprietors.
XLVII.* In the event of the lands being held khas, on the refusal of
the proprietor to engage for the settlement of them, the malikanah, calcu-
lated as above specified, is to be paid monthly from the treasuries of the
collectors, and it shall be paid entirely in money, instead of half in cash
and half in paper, as formerly.
XLVIII. The settlement having been concluded with the zemindars,
independent talookdars, and other actual proprietors of land, they are to
enter into engagements with the several dependent talookdars continued
under them respectively, and consequently paying revenue through them
for the same period as the term of their own engagements with Govern-
ment, provided the talookdars will agree to such revenue, progressive or
otherwise, as the zemindar, or other actual proprietor of land, may be
entitled to demand from them; and the several zemindars, or actual
proprietors of land, to whom this rule may be applicable, are required to
deliver to the collector, within three months after the conclusion of the
settlement with them, a record of the engagements entered into between
them and the talookdars dependent on them, specifying their names and
talooks, and the jumma payable by each.
XLIX. It is to be understood, however, that istemrardars (mocurrerv-
dars) of the nature of those described in Section XVIII., who have held
their land at a fixed rent for more than twelve years, are not liable to be
assessed with any increase, either by the officers of Government or by the
zemindar or other actual proprietor of land, should he engage for his own
lands. With regard to such istemrardars, also, as have not held their
lands at a fixed rent for so long a period, if the zemindar, or other
actual proprietor of land, has bound himself by the deed which he
may have executed not to lay any increase upon them, he shall not be
allowed to infringe the conditions of the deed for his own benefit, but
must confine his demands to the rent he may have voluntarily agrped to
receive.
L. This last restriction imposed on the zemindar, or other actual pro-
prietor of land, in Section XLIX., is not to be considered to preclude the
officer of Government or farmer, in the event of the zemindarrv being
SeeCl.8, Sec
xv. Reg. VII
1799, Sec. iii
Reg. V. 1812
XVIII. 1812^
* See note in the preceding page.