DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0273
A.D. 1793.]
REGULATION XXXVII
215
void. Had the validity of such grants or alienations been admitted, it is
obvious that the public revenue would have been liable to gradual diminu-
tion. Under the native Government, grants were occasionally made of the
Governments share of the produce of lands, for the support of the families
of persons who had performed public services, for religious or charitable
purposes, for maintaining troops, and for other services. The British
Government continued to the grantees or their heirs such of these grants
as were hereditary, and were made before the date of the Company's
accession to the dewanny, provided the grantees or their heirs had
obtained possession previous to that date; but those grants which were
for life only have been invariably considered as resumable on the death of
the grantees. No complete register of these g-rants having been formed
on the Company's accession to the dewanny, nor subsequent to that
period, many persons have retained possession of lands under fabricated or
antedated grants, or have succeeded to life grants on the demise of the
original grantee or former possessor, without the sanction of Government.
The Governor-General in Council deeming it incumbent on him to resume
the public dues from lands held under invalid tenures, as well as the
revenue of all lands the grants for which might expire, and as the pro-
prietors of estates were not entitled to collect such of the public dues from
the lands included in their estates as Government had judged it advisable
to transfer to individuals, or to resume those which had been alienated or
were appropriated without authority, the amount of the revenue of the
lands having in both cases been excluded from the assets on which the
settlement was to be concluded, it was made a rule at the time of forming
the decennial settlement, and which has been re-enacted by Section
XXXVI. Regulation VIII. 1793, that the jumma assessed upon the
estates of individuals was to be considered as exclusive and independent of
all existing lakheraj lands, whether exempted from the kheraj or public
revenue, with or without due authority ; and by the third clause of the
seventh article of the Proclamation contained in Regulation 1. 1793,
which specihes the conditions under which Government declared the
decennial settlement permanent, it is expressly stipulated, that the
Governor-General in Council will impose such assessment as he may deem
equitable on all lands at present alienated and paying no public revenue,
which have been or may be proved to be held under illegal or invalid
titles. The Governor-General in Council, however, at the same time that
he is desirous of recovering the public dues from lands held under invalid
tenures, is equally solicitous that persons holding lands under grants that
are declared valid should be secured in the quiet possession and enjoyment
of them. With this view, and to obviate all injustice or extortion, in the
inquiry into the titles of persons possessing lands under such grants,
he has resolved that all claims of the public for the resumption of such
grants (provided the grantees or persons in possession register their grants
as required in this Regulation) shall be tried in the Courts of Judicature,
that no such grants may be resumed until the title of the grantee or
present possessor shall have been adjudged invalid by a hnal judicial decree.
Upon the above grounds, and with a view to facilitate the resumption of
invalid grants, as well as to prevent any grants being hereafter made
without the authority of Government, and further that Government and
its officers may at all times have in their possession a correct register
REGULATION XXXVII
215
void. Had the validity of such grants or alienations been admitted, it is
obvious that the public revenue would have been liable to gradual diminu-
tion. Under the native Government, grants were occasionally made of the
Governments share of the produce of lands, for the support of the families
of persons who had performed public services, for religious or charitable
purposes, for maintaining troops, and for other services. The British
Government continued to the grantees or their heirs such of these grants
as were hereditary, and were made before the date of the Company's
accession to the dewanny, provided the grantees or their heirs had
obtained possession previous to that date; but those grants which were
for life only have been invariably considered as resumable on the death of
the grantees. No complete register of these g-rants having been formed
on the Company's accession to the dewanny, nor subsequent to that
period, many persons have retained possession of lands under fabricated or
antedated grants, or have succeeded to life grants on the demise of the
original grantee or former possessor, without the sanction of Government.
The Governor-General in Council deeming it incumbent on him to resume
the public dues from lands held under invalid tenures, as well as the
revenue of all lands the grants for which might expire, and as the pro-
prietors of estates were not entitled to collect such of the public dues from
the lands included in their estates as Government had judged it advisable
to transfer to individuals, or to resume those which had been alienated or
were appropriated without authority, the amount of the revenue of the
lands having in both cases been excluded from the assets on which the
settlement was to be concluded, it was made a rule at the time of forming
the decennial settlement, and which has been re-enacted by Section
XXXVI. Regulation VIII. 1793, that the jumma assessed upon the
estates of individuals was to be considered as exclusive and independent of
all existing lakheraj lands, whether exempted from the kheraj or public
revenue, with or without due authority ; and by the third clause of the
seventh article of the Proclamation contained in Regulation 1. 1793,
which specihes the conditions under which Government declared the
decennial settlement permanent, it is expressly stipulated, that the
Governor-General in Council will impose such assessment as he may deem
equitable on all lands at present alienated and paying no public revenue,
which have been or may be proved to be held under illegal or invalid
titles. The Governor-General in Council, however, at the same time that
he is desirous of recovering the public dues from lands held under invalid
tenures, is equally solicitous that persons holding lands under grants that
are declared valid should be secured in the quiet possession and enjoyment
of them. With this view, and to obviate all injustice or extortion, in the
inquiry into the titles of persons possessing lands under such grants,
he has resolved that all claims of the public for the resumption of such
grants (provided the grantees or persons in possession register their grants
as required in this Regulation) shall be tried in the Courts of Judicature,
that no such grants may be resumed until the title of the grantee or
present possessor shall have been adjudged invalid by a hnal judicial decree.
Upon the above grounds, and with a view to facilitate the resumption of
invalid grants, as well as to prevent any grants being hereafter made
without the authority of Government, and further that Government and
its officers may at all times have in their possession a correct register