DOI Page / Citation link:
https://doi.org/10.11588/diglit.34367#0063
A.D. 1793.]
REGULATION 1.
5
See Sec. vi.
Reg. XI. 1793.
, SeeSec.xiv.
Reg. 1.1801;
XVIII.'18P2.^'
fDeAnedin
Sec.viii.Reg.I.
1801.
menf of their estates, and also of all actual proprietors who are unquali-
fied for such management, by natural or other disabilities, but do not
come within the descriptions of disqualified landholders specified in the
first article of the Regulations of the 15th July, 1791, are, and will be
held answerable for any arrears that are, or may become due from them,
on the fixed jumma which they, or any persons on their behalf, have
engaged, or may engage to pay, under the above-mentioned Regulations,
for the decennial settlement.
IX. Art. VIII. That no doubt may be entertained, whether proprietors
of land are entitled, under the existing Regulations, to dispose of their
estates without the previous sanction of Government, the Governor-General
in Council notifies to the zemindars, independent talookdars, and other
actual proprietors of land, that they are privileged to transfer to whomsoever
they may think proper, by sale, gift, or otherwise, their proprietary rights in
the whole, or any portion of their respective estates, without applying to
Government for its sanction to the transfer, and that all such transfers
will be held valid, provided that they be conformable to the Maliommedan
or the Hindoo laws (according as the religious persuasions of the parties to
each transaction may render the validity of it determinable by the former or
the latter code), and that they be not repugnant to any Regulations, now
in force, which have been passed by the British administrations, or to any
Regulations that they may hereafter enact.
*X. Art. IX. From the limitation of the public demand upon the
lands, the net income, and consequently the value (independent of in-
crease of rent obtainable by improvements) of any landed property, for the
assessment on which a distinct engagement has been, or may be entered into
between Government and the proprietor, or that may be separately assessed,
although included in one engagement with other estates belonging to the
same proprietor, and which may be offered for public or private sale
entire,, will always be ascertainable by a comparison of the amount of
the fixed jumma assessed upon it (which, agreeable to the foregoing-
declarations, is to remain unalterable for ever, to whomsoever the pro-
perty may Joe transferred), with the whole of its produce,]' allowing for
tlm charges of management. But it is also essential that a notification
should be made of the principles upon which the fixed assessment charged
upon an) such estate will be apportioned on the several divisions of it, in
the event of the whole of it being transferred by public or private sale, or
otherwise, in two or more lots, or of a portion of it being transferred in
one, or in two or more lots, or of its being joint property, and a division
of it being made amongst the proprietors; otherwise from the want of
a declared rule for estimating the proportion of the fixed jumma with
whjch the several shares would be chargeable in such cases, the real
value of each share would be uncertain, and consequently the benefits
expected to result from fixing the public assessment upon the lands
would be but partially < Earned. The Governor-General in Council has
accordingly prescribed the following rules for apportioning the fixed
assessment in the several cases above mentioned ; but as Government
* So much, of this and the following section as relates to the adjustment of the jumma on
lands sold in satisfaction of decrees is repealed bv Section i. Act IV. 1846.
Proprietors declared
privileged to transfer
their lands without the
sanction of Govern-
ment.
Provided the transfer
be conformable to law,
and not contrary to any
existing Regulation.
Rules for apportion-
ing the Axed jumma on
portions of estates, in
the event of their being
disposed of at public
sale, or transferred by
the proprietors, and on
shares of estates divided
amongst the joint pro-
prietors, upon the
transfer or division
being notiAed to the
collector, or other pre-
scribed ofAcer, and the
jumma so adjusted de-
clared Axed for ever.
REGULATION 1.
5
See Sec. vi.
Reg. XI. 1793.
, SeeSec.xiv.
Reg. 1.1801;
XVIII.'18P2.^'
fDeAnedin
Sec.viii.Reg.I.
1801.
menf of their estates, and also of all actual proprietors who are unquali-
fied for such management, by natural or other disabilities, but do not
come within the descriptions of disqualified landholders specified in the
first article of the Regulations of the 15th July, 1791, are, and will be
held answerable for any arrears that are, or may become due from them,
on the fixed jumma which they, or any persons on their behalf, have
engaged, or may engage to pay, under the above-mentioned Regulations,
for the decennial settlement.
IX. Art. VIII. That no doubt may be entertained, whether proprietors
of land are entitled, under the existing Regulations, to dispose of their
estates without the previous sanction of Government, the Governor-General
in Council notifies to the zemindars, independent talookdars, and other
actual proprietors of land, that they are privileged to transfer to whomsoever
they may think proper, by sale, gift, or otherwise, their proprietary rights in
the whole, or any portion of their respective estates, without applying to
Government for its sanction to the transfer, and that all such transfers
will be held valid, provided that they be conformable to the Maliommedan
or the Hindoo laws (according as the religious persuasions of the parties to
each transaction may render the validity of it determinable by the former or
the latter code), and that they be not repugnant to any Regulations, now
in force, which have been passed by the British administrations, or to any
Regulations that they may hereafter enact.
*X. Art. IX. From the limitation of the public demand upon the
lands, the net income, and consequently the value (independent of in-
crease of rent obtainable by improvements) of any landed property, for the
assessment on which a distinct engagement has been, or may be entered into
between Government and the proprietor, or that may be separately assessed,
although included in one engagement with other estates belonging to the
same proprietor, and which may be offered for public or private sale
entire,, will always be ascertainable by a comparison of the amount of
the fixed jumma assessed upon it (which, agreeable to the foregoing-
declarations, is to remain unalterable for ever, to whomsoever the pro-
perty may Joe transferred), with the whole of its produce,]' allowing for
tlm charges of management. But it is also essential that a notification
should be made of the principles upon which the fixed assessment charged
upon an) such estate will be apportioned on the several divisions of it, in
the event of the whole of it being transferred by public or private sale, or
otherwise, in two or more lots, or of a portion of it being transferred in
one, or in two or more lots, or of its being joint property, and a division
of it being made amongst the proprietors; otherwise from the want of
a declared rule for estimating the proportion of the fixed jumma with
whjch the several shares would be chargeable in such cases, the real
value of each share would be uncertain, and consequently the benefits
expected to result from fixing the public assessment upon the lands
would be but partially < Earned. The Governor-General in Council has
accordingly prescribed the following rules for apportioning the fixed
assessment in the several cases above mentioned ; but as Government
* So much, of this and the following section as relates to the adjustment of the jumma on
lands sold in satisfaction of decrees is repealed bv Section i. Act IV. 1846.
Proprietors declared
privileged to transfer
their lands without the
sanction of Govern-
ment.
Provided the transfer
be conformable to law,
and not contrary to any
existing Regulation.
Rules for apportion-
ing the Axed jumma on
portions of estates, in
the event of their being
disposed of at public
sale, or transferred by
the proprietors, and on
shares of estates divided
amongst the joint pro-
prietors, upon the
transfer or division
being notiAed to the
collector, or other pre-
scribed ofAcer, and the
jumma so adjusted de-
clared Axed for ever.