DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0353
A.D. 1795.]
REGULATION VI.
295
SeeSec.xxvi.
Reg. V. 1800.
XccozzA. Where such transfer of a defaulter's rights to one or more of
his putteedars or sharers shall not prove effectual in realizing- the balance,
or in cases where the deficiency cannot be proved to have arisen from em-
bezzlement on the part of the landholder, but where the cause may not be
of such a nature as to induce the Governor-General in Council to remit
the amount, the Board of Revenue, with the sanction of the Governor-
General in Council, may direct the collector either to continue the defaulter
in possession, on his engaging, in such manner as shall be deemed satisfac-
tory, to pay up his balance with the future revenue, or sequester to the use
of Government the ensuing year's profits of the defaulter, in the manner
and nnder the restrictions specified in Section XV. The last-mentioned
measure shall be adopted where there is a reasonable prospect of at least
realizing thereby the assessment payable to Government in the ensuing
years ; and, in such instances, it shall be the duty of the collector, in like
manner as in all cases in which lands are held amauny, to acquire the
fullest information, and to propose to the Board of Revenue such improve-
ments of the jydaad, or funds, as may appear practicable, by making-
advances for tuccavy, gilandazee, the cutting down of jungles, or by the
construction of embankments or water-courses, so as not only to prevent
any diminution of the produce of the lands, but to improve and increase it.
AAzVA The profits arising from the surplus collections, over and above
the former fixed jumma adjusted by the permanent settlement, after de-
fraying the charges of improvement, whilst Government think fit to leave the
lands amauny, shall be appropriated entirely to the use of the public, in
the cases of all defaulting proprietors who may be dispossessed under
the preceding clause, for embezzlement or misappropriation of the funds
for the payment of the public revenue; and such zemindars shall not
be reinstated, until from their own means they shall have paid up, or
given satisfactory security for discharging the balance incurred, as well as
to repay to Government the principal of the amonnt it shall have advanced
for improving the estate. But in the other case stated in Clause Second, in
which embezzlement shall not have been clearly proved against the de-
faulting landholders, the profits or surplns collections shall be set off against
the arrears due from them, and they shall be entitled to reinstatement, as
soon as the arrears shall thus, or otherwise from their own funds, have been
discharged, or when they shall deliver in satisfactory security for the
amount, inclusive of the whole or the part of the charges of improvement
incurred during their dispossession, for which Government, on a review
of the circumstances of the case, shall think fit to render them respon-
sible.
AozcrzlA. The rules in the preceding clauses of this section are to be
understood with this reservation, that in all cases where talookdars, zemin-
dars, or other land-owners, shall be dispossessed for arrears of revenue,
Government shall have the option of letting their lands on lease, either for
a term or in perpetuity, to any person or persons, in case of the dispossessed
proprietors omitting or refusing to resume the management of their lands
under the conditions that may be offered to them.
AY/bb [Sale of real and personal property.]—A?C6czzz&A ^z/ Xe<Vm%AA.
A^zAtxAoza UAA. 1830.
XVIII. AYr-sY. Where arrears shall be due by farmers near the close of
or his profits may be
sequestered by Goveru-
falling in baiance
through misfortune.
How the profits
arising from the iand
of dispossessed land-
holders are to be ap-
and in those where such
misconduct is not as-
whomsoever they shall
think proper.
How lands rented by
REGULATION VI.
295
SeeSec.xxvi.
Reg. V. 1800.
XccozzA. Where such transfer of a defaulter's rights to one or more of
his putteedars or sharers shall not prove effectual in realizing- the balance,
or in cases where the deficiency cannot be proved to have arisen from em-
bezzlement on the part of the landholder, but where the cause may not be
of such a nature as to induce the Governor-General in Council to remit
the amount, the Board of Revenue, with the sanction of the Governor-
General in Council, may direct the collector either to continue the defaulter
in possession, on his engaging, in such manner as shall be deemed satisfac-
tory, to pay up his balance with the future revenue, or sequester to the use
of Government the ensuing year's profits of the defaulter, in the manner
and nnder the restrictions specified in Section XV. The last-mentioned
measure shall be adopted where there is a reasonable prospect of at least
realizing thereby the assessment payable to Government in the ensuing
years ; and, in such instances, it shall be the duty of the collector, in like
manner as in all cases in which lands are held amauny, to acquire the
fullest information, and to propose to the Board of Revenue such improve-
ments of the jydaad, or funds, as may appear practicable, by making-
advances for tuccavy, gilandazee, the cutting down of jungles, or by the
construction of embankments or water-courses, so as not only to prevent
any diminution of the produce of the lands, but to improve and increase it.
AAzVA The profits arising from the surplus collections, over and above
the former fixed jumma adjusted by the permanent settlement, after de-
fraying the charges of improvement, whilst Government think fit to leave the
lands amauny, shall be appropriated entirely to the use of the public, in
the cases of all defaulting proprietors who may be dispossessed under
the preceding clause, for embezzlement or misappropriation of the funds
for the payment of the public revenue; and such zemindars shall not
be reinstated, until from their own means they shall have paid up, or
given satisfactory security for discharging the balance incurred, as well as
to repay to Government the principal of the amonnt it shall have advanced
for improving the estate. But in the other case stated in Clause Second, in
which embezzlement shall not have been clearly proved against the de-
faulting landholders, the profits or surplns collections shall be set off against
the arrears due from them, and they shall be entitled to reinstatement, as
soon as the arrears shall thus, or otherwise from their own funds, have been
discharged, or when they shall deliver in satisfactory security for the
amount, inclusive of the whole or the part of the charges of improvement
incurred during their dispossession, for which Government, on a review
of the circumstances of the case, shall think fit to render them respon-
sible.
AozcrzlA. The rules in the preceding clauses of this section are to be
understood with this reservation, that in all cases where talookdars, zemin-
dars, or other land-owners, shall be dispossessed for arrears of revenue,
Government shall have the option of letting their lands on lease, either for
a term or in perpetuity, to any person or persons, in case of the dispossessed
proprietors omitting or refusing to resume the management of their lands
under the conditions that may be offered to them.
AY/bb [Sale of real and personal property.]—A?C6czzz&A ^z/ Xe<Vm%AA.
A^zAtxAoza UAA. 1830.
XVIII. AYr-sY. Where arrears shall be due by farmers near the close of
or his profits may be
sequestered by Goveru-
falling in baiance
through misfortune.
How the profits
arising from the iand
of dispossessed land-
holders are to be ap-
and in those where such
misconduct is not as-
whomsoever they shall
think proper.
How lands rented by