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)

A.D. 1805.]

REGULATION IX.

787

Az or Mzo?'d the assessment npon each lot shall be fixed at
an amount which shall bear the same proportion to its actual neat pro-
duce as the public assessment upon the whole of tire lands sold may bear
to the whole of their actual neat produce. The neat annual produce is to
be understood to be the neat annual rent, or other neat produce, receivable
by the proprietor, after deducting from the gross rent, or other gross pro-
duce, the actual expenses of collection, and other usual charges of manage-
ment, inclusive of the expense of embankments and similar incidental
expenses, where such may be paid by the proprietor from his gross re-
ceipts ; but exclusive of his malikanah, nankar, or other proprietary
income, and all other personal appropriations of the gross produce of his
estate, as such can have no claim to consideration in determining the neat
produce for an equal division of landed property, or for the allotment of
the public assessment thereon in conformity to the rules prescribed. The
neat produce, as here defined, shall be ascertained in the mode that is or
shall be prescribed by the Regulations ; and the purchaser or purchasers
of such lands, and his, her, or their heirs and lawful successors, shall hold
them at the jurpma at which they may be so purchased, subject to the
general rules in force at the time of sale for the periodical or permanent
assessment of the land reyenue.
" When a portion of the estate of a zemindar, independent
talookdar, or other actual proprietor of land, with or on behalf of whom a
settlement has been or shall be concluded, shall be exposed to phblic sale
by order of the Governor-General in Council, for the liquidation of arrears
of assessment or q/' % comk the assessment
upon such lands, if disposed of in one lot, shall be fixed at an amount
which shall bear the same proportion to their actual neat produce, as the
assessment upon the whole of the lands of such proprietor included in the
same estate may bear to the whole of their actual neat produce. If the
lands sold shall be disposed of in two or more lots, the assessment upon
each lot shall be fixed at an amount which shall bear the same proportion
to its actual neat produce, as the assessment upon the whole of the lands
of such proprietor included in the same estate may bear to the whole of
their actual neat produce. The actual neat produce of the whole of the
lands of such proprietor, whether the portion of such lands which may be
sold be disposed of in one, or in two or more lots, shall be ascertained in
the mode that is or shall be prescribed by the Regulations; and the pur-
cbp^er or purchasers of such lands, and his, her, or their heirs or successors,
will be allowed to hold them at the jurnma at which they may be so pur-
chased, subject to the general rules in force at the time of sale for the
periodical or permanent assessment of the land revenue.
" When a zemindar, independent talookdar* or other actual pro-
prietor of land, with or on behalf of whom a settlement has been'or shall
be concluded, shall transfer the whole of his or her estate in two or more
distinct portions to two or more persons, or a portion thereof to one per-
son, or to two or more persons in joint property, by private sale, gift, or
otherwise, the assessment upon each distinct portion of such estate, so
transferred, shall be fixed by the collector, or other authorized officer of
Government, at an amount which shall bear the same proportion to its
actual neat produce, as the assessment upon the whole of the estate of the
transferring proprietor, of which the whole or a portion may be so trans-
5 H 2

Explanation ot' the-
term " actual neat pro-
duce."