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Clarke, Richard [Editor]
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

DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0701
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A.D. 1803.]

REGULATION XXV.

043

or proprietors, and that are or may become the joint property of two or
more persons, the assessment npon each share shall be hxed by the collector,
or other authorized officer of Government, at an amountwhich shall bear the
same proportion to its actual neat produce, as the jurnma assessed upon the
whole of the estate divided may bear to the whole of its actual neat pro-
duce. This produce shall be ascertained in the mode that is or shall be
prescribed by the Regulations, and the sharers, and their heirs and lawful
successors, shall hold their respective shares at the jumma which may be
so assessed upon them, after the same shall have been duly sanctioned,
registered, and engaged for, subject to the general rules in force at the
time of the division, for the periodical or permanent assessment of the
land revenue.
XXXVIII.* The following rules are prescribed, respecting the adjust-
ment of the public assessment or jumma on the lands of zemindars, inde-
pendent talookdars, and other actual proprietors of land, whose lands are
or may be held khas, or let in farm by Government, in the event of then-
being disposed of by public sale, or transferred by any private act of the
proprietor, or of their being joint property, and a division of them taking
place amongst the proprietors.
If the whole, or a portion of the lands of a zemindar, indepen-
dent talookdar, or other actual proprietor of land, who may not have
agreed to the payment of the assessment proposed to him or her, and
whose lands are or shall be held khas, or let in farm by Government, shall
be exposed to public sale, in one, or in two or more lots,
&C7-CC q/* a q/* such lands, if khas, shall be disposed of at
whatever assessment the Governor-General in Council shall deem equi-
table, and the purchaser or purchasers of such lands, and his, or her, or
their heirs and lawful successors, shall hold the lands at the assessment at
which they shall be so purchased subject to the general rules in force at
the time of sale, for the periodical or permanent assessment of the land
revenue. If the lands, at the time of their being exposed to sale, shall
be held in farm, and shall be put up in one, or in two or more lots, they
shall be disposed of under the following conditions. The purchaser or
purchasers shall receive, during the unexpired part of the term of the
lease of the farmer, whatever such proprietor shall have been entitled to
receive, in virtue of his or her proprietary rights, on account of the lands
so purchased, and such purchaser or purchasers shall, at the expiration of
the lease of the farmer, be put in possession of the lands, on his or their
engaging to pay such assessment as Government may deem equitable,
under the general rules in force for the assessment of the land revenue.
If a zemindar, independent talookdar, or other actual proprietor
of land, whose lands are or may be held khas, or let in farm by Govern-
ment, shall transfer, by private sale, gift, or otherwise, the whole or a
portion of his or her lands in one, or in two or more lots, and such transfer
be legal and valid under the Regulations, the person or persons to whom
the lands may be so transferred shall be considered to have succeeded to
the whole of the proprietary rights of the former possessor, and will
accordingly be entitled to receive any malikanah or nankar to which the
former proprietor was entitled on account of the lands so transferred.
* See note to Section xxxvii.
4 N 2

Rules for adjusting
the jumma of lands
held khas or let in farm,
in the event of the
whole, or any part of
them, being disposed of
amongst the proprie-
tors.
[Z. 1793,
 
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