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Clarke, Richard [Hrsg.]
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

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https://doi.org/10.11588/diglit.34367#0733
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A.D. 1803.] REGULATION XXXI. 675
grant made prior to the 1st day of January, 1801, and bona fide appro-
priated as an endowment for temples, or for other religious or charitable
purposes. Moreover, if any iand so held and appropriated, exceeding ten
begahs, .shall become liable to assessment under the rules contained in
this Regulation, and the q/* <5q/br^ %?AzcA /Ae /hr ?*Ac
q/" ^acA 7?7U7/ Ag ^C77<Amq, 07* AA<? collector of the district,
7zo 7'o.spocfhz^ & &^7077^777q, shall be of opinion that the
immediate assessment of such land would be productive of distress, he shall
report the same, with the circumstances of the case, for the consideration
of the Governor-General in Council.
ment of which would be productive of distress, the circumstances of the case are to be reported to the Governor-
-ETqA^A. The coM7'^ o/y^^oo shall not take cognizance of any claim to
hold exempt from the payment of revenue, either under the present Regu-
lation or under Regulation XXXVI. 1803, land which may have been
subjected to the payment of revenue for the period of twelve years prior
to the 10th of November, 1801; nor of any claim to hold land exempt
from the payment of revenue, which may have been subjected to the pay-
ment of revenue for the twelve years preceding the date on which the
claim may be instituted, unless the claimant can show good and sufficient
cause for not having preferred his claim to a competent jurisdiction within
that period, as required by Clause Third, Section XVIII. Regulation II.
1803.
cause be shown for not having preferred the claim within that
See Sec. iii. III. All grants for holding land exempt from the payment of reve-
Reg.xiv.i825. which may have been made since the 1st day of January, 1801, corre-
sponding with the 19th Poose, 1207 Bengal era, the IstMaug, 1208 Fussily,
and the 19th Poose, 1208 Willaity, by any other authority than that of
the British Government, and which may not have been confirmed by the
Governor-General in Council or by an officer empowered to confirm them,
are declared invalid.
If doubts shall be entertained by any co%7^ as to the compe-
tency 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 upon receiving the determination of
the Governor-General in Council, shall decide accordingly.
see Secs. xv. IV. This Regulation, as far as regards lands alienated previously to the
R^g.vii.1822! promulgation of it, respects only the question, whether they are liable to
the payment of revenue or otherwise. Every dispute or claim regarding
the proprietary right in lands alienated previously to the promulgation of
this Regulation, and which, in conformity thereto, may become subject
to the payment of revenue, is to be considered as a matter of a private
nature, to be determined by the Courts of Adawlut, in the event of any
dispute or claim arising respecting it between the grantee and the grantor,
or their respective heirs or successors. The grantees or their present
possessors, until dispossessed by a decree of the Adawlut, are to be consi-
dered as the proprietors of the lands, with the same right of property therein
as is declared to be vested in proprietors of estates subject to the payment of
revenue; and they are to execute engagements for the revenue with
4 R 2

under a grant made
prior to the 1st of Ja-
nuary, 1801, and bona
fide appropriated to re-
ligious or charitable
purposes, declared not
subject to the payment
of revenue.
If land so held or
appropriated, exceed-
ing ten begahs, shall
become liable to the
payment of revenue
under this Regulation,
the immediate assess-
General in Council.
Cowri# not to take
to hold exempt from
the payment of reve-
nue land which may
for the period of twelve
years prior to the 10th
of November, 1801, or
which may have been
ed, unless sufficient
period.
All grants made or
confirmed since the 1st
of January, 1801, ex-
cepting by the autho-
rity of Government, or
its officers duly em-
powered, declared inva-
lid.
[WAV. 1793, m. 1.]
CoMrfy, how to pro-
ceed in the event of
[7%. Mi. 2.]

Questions regarding
the proprietary right in
lands alienated before
this Regulation, and
adjudged liable to the
payment of revenue, to
be determined in the
Adawlut; this Regula-
tion with respect to
such lands relating only
to the revenue.
[WAV. 1793, iv.]
 
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