DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0275
A.D. 1793.]
REGULATION XXXVII.
217
Reg.x1v.i825!
Reg.VII.1822.
the present possessor; where the grant may expressly specify it to have
been given for the life of the grantee only, or supposing no such specifi-
cation to have been made in the grant, or the grant not to be forthcoming,
where from the nature and denomination of the grant it shall be proved
to be a life tenure only, according to the ancient usages of the country.
AY/M. The present possessors of lands now exempt from the payment
of revenue under such jaghire or other life grants made previous to the
dewanny, and declared by the preceding clause not to be hereditary, are
prohibited from selling, or otherwise transferring them, or mortgaging the
revenue of the lands for a longer period than their own lives, and all such
transfers and mortgages which have been or may be made, are declared
illegal and void.
III. AMsA All badshahee grants for holding land exempt from the
payment of revenue, which may have been made since the 12th August,
1765, by any other authority than that of Government^ and which may
not have been confirmed by Government, or by any officer empowered to
confirm them, are declared invalid.
/S'gcoyzA If doubts shall be entertained by any as to the competency
of the authority of any officer to confirm any such grant, the is to
suspend its judgment, and report the circumstances of the case to the
Governor-General in Council, to whom a power is reserved of determining
finally whether the officer possessed competent authority to confirm the
grant, or otherwise, and the coz^Y, upon receiving the determination of the
Governor-General in Council, shall decide accordingly.
IV. It is to be understood that this Regulation respects only the
Government proportion of the revenue arising from lands held or claimed
to be held under badshahee grants, and whether Government is entitled
to resume or retain such revenue or otherwise. Every dispute or claim
regarding the zemindarry or proprietary right in lands included in any
grant, is to be considered as a matter of a private nature between the
contending parties, and is to be determined in the Dewanny Adawlut.
V. When a jaghire or other life grant shall escheat to Government, the
collector is immediately to attach the revenue of the lands, and report the
circumstance to the Board of Revenue, who are to obtain the orders
of the Governor-General in Council regarding the resumption of the
grant.
VI. When any badshahee grant shall be resumed, or expire, or escheat
to Government, the revenue to be paid to Government from the lands
included in it shall be assessed, and the settlement made in perpetuity,
agreeably to the rules for the decennial settlement contained in Regula-
tion VIII. 1793, with the person possessing the zemindarry or proprietary
right in the lands, whoever he may be. If the proprietor shall refuse to
pay the jumma demanded of him, the lands shall be held khas or let in
farm, as directed in that Regulation.
VII. VIII. IX. [Suits by collectors for the recovery of invalid la-
kh eraj.]—VA.s'cmAV 6/ 6AzM.se XecoMrf, AxAozz AA Aeyz<Az6oM AA 1819.
2 F
lands exempt from the
payment of revenue
The present pos-
sessors of such life
grants prohibited from
mortgaging the revenue
of them beyond their
own lives.
All grants made or
confirmed since the de-
wanny, excepting by
the authority of Go-
vernment or its officers
duly empowered, de-
clared invalid.
how to proceed
Questions regarding
the proprietary right
in lands included in
grants, to be deter-
mined in the Dewanny
Adawlut.
Collectors to attach
the revenue of lands in
Lands included in
resumed grants to be
assessed, and the reve-
nue to be paid by the
proprietor', according to
the regulations for the
decennial settlement.
REGULATION XXXVII.
217
Reg.x1v.i825!
Reg.VII.1822.
the present possessor; where the grant may expressly specify it to have
been given for the life of the grantee only, or supposing no such specifi-
cation to have been made in the grant, or the grant not to be forthcoming,
where from the nature and denomination of the grant it shall be proved
to be a life tenure only, according to the ancient usages of the country.
AY/M. The present possessors of lands now exempt from the payment
of revenue under such jaghire or other life grants made previous to the
dewanny, and declared by the preceding clause not to be hereditary, are
prohibited from selling, or otherwise transferring them, or mortgaging the
revenue of the lands for a longer period than their own lives, and all such
transfers and mortgages which have been or may be made, are declared
illegal and void.
III. AMsA All badshahee grants for holding land exempt from the
payment of revenue, which may have been made since the 12th August,
1765, by any other authority than that of Government^ and which may
not have been confirmed by Government, or by any officer empowered to
confirm them, are declared invalid.
/S'gcoyzA If doubts shall be entertained by any as to the competency
of the authority of any officer to confirm any such grant, the is to
suspend its judgment, and report the circumstances of the case to the
Governor-General in Council, to whom a power is reserved of determining
finally whether the officer possessed competent authority to confirm the
grant, or otherwise, and the coz^Y, upon receiving the determination of the
Governor-General in Council, shall decide accordingly.
IV. It is to be understood that this Regulation respects only the
Government proportion of the revenue arising from lands held or claimed
to be held under badshahee grants, and whether Government is entitled
to resume or retain such revenue or otherwise. Every dispute or claim
regarding the zemindarry or proprietary right in lands included in any
grant, is to be considered as a matter of a private nature between the
contending parties, and is to be determined in the Dewanny Adawlut.
V. When a jaghire or other life grant shall escheat to Government, the
collector is immediately to attach the revenue of the lands, and report the
circumstance to the Board of Revenue, who are to obtain the orders
of the Governor-General in Council regarding the resumption of the
grant.
VI. When any badshahee grant shall be resumed, or expire, or escheat
to Government, the revenue to be paid to Government from the lands
included in it shall be assessed, and the settlement made in perpetuity,
agreeably to the rules for the decennial settlement contained in Regula-
tion VIII. 1793, with the person possessing the zemindarry or proprietary
right in the lands, whoever he may be. If the proprietor shall refuse to
pay the jumma demanded of him, the lands shall be held khas or let in
farm, as directed in that Regulation.
VII. VIII. IX. [Suits by collectors for the recovery of invalid la-
kh eraj.]—VA.s'cmAV 6/ 6AzM.se XecoMrf, AxAozz AA Aeyz<Az6oM AA 1819.
2 F
lands exempt from the
payment of revenue
The present pos-
sessors of such life
grants prohibited from
mortgaging the revenue
of them beyond their
own lives.
All grants made or
confirmed since the de-
wanny, excepting by
the authority of Go-
vernment or its officers
duly empowered, de-
clared invalid.
how to proceed
Questions regarding
the proprietary right
in lands included in
grants, to be deter-
mined in the Dewanny
Adawlut.
Collectors to attach
the revenue of lands in
Lands included in
resumed grants to be
assessed, and the reve-
nue to be paid by the
proprietor', according to
the regulations for the
decennial settlement.