DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0539
A.D. 1819.]
REGULATION II.
529
that nothing in the above rule shall be construed to affect the rights
reserved to zemindars, talookdars, and other proprietors of estates, with
whom a permanent settlement has been concluded, to the exclusive enjoy-
ment of the rent assessed on lands held on an invalid tenure, free of
assessment, within the limits of their respective estates and talooks,
and of which the extent may not exceed one hundred beegahs if in
Bengal, Behar, or Orissa, and fifty beegahs if within the province of
Benares.
See Reg. xi. The foregoing principles shall be deemed applicable not only
^ to tracts of land, such as are described to have been brought into cultiva-
tion in the Sunderbuns, but to all churs and islands formed since the
period of the decennial settlement, and generaliy to all lands g*ained by
alluvion or dereliction since that period, whether from an introcession of
the sea, an alteration in the course of rivers, or the gradual accession of
soil on their banks.
The same principle shall likewise be deemed applicable to all
lands which, though included at the period of the permanent settlement
within the limits of talooks held by individuals under special pottahs from
the collector, such as the putteetabady and jungulboory talooks in the
districts of the Twenty-four Pergunnahs and Jessore, may not have been
permanently assessed at the above-mentioned period; provided, however,
that in respect to such lands, if in the possession of the original pottah-
holder, or his legal representative, the conditions of the pottah in regard
to the assessment of the land included within the limits specified in that
instrument shall be strictly maintained.
IV. The several rules prescribed in Regulations XIX. and XXXVII.
of 1193; and Regulations XLI. and XLII. of 1795 ; Regulations XXXI.
and XXXVI. of 1803 ; Regulations VIII. and XII. of 1805, for deter-
mining the validity of grants for holding lands exempt from the payment
of public revenue, are hereby declared applicable to grants for holding
lands under mokurrery or other tenures limiting the demand of Govern-
ment ; provided, however, that nothing in this section shall be construed
to affect the rules contained in Regulation VIII. 1793, relative to the
assessment of lands held under valid grants, or leases, of the above nature,
nor to a!ter the provisions contained in Regulation 1. 1815, by which
tenures of that description are declared liable to assessment on the death
of the grantee.
Modified by /
Sec. v.Reg. IX
1825.
See Sec. iv.
Reg. III. 1828.
V. Whenever a collector of revenue, or other officer exercising
the powers of collector, shall have reason to believe that any lands lying
within the sphere of his official control are liable to assessment, either as
being held under an invalid tenure free of assessment, or at an inadequate
jumma, or as being liable to assessment on the principles stated in Sec-
tion III. of this Regulation, he shall report the circumstances to the Board
of Revenue, or other authority exercising the powers of that Board, who,
shoutd they be of opinion that proper grounds exist for inquiry, shall direct
the collector or other officer aforesaid to enter on an investigation of the
case in the manner hereafter mentioned.
&?cc?z^. The collector, on receiving the authority of the Board of
Revenue, shall call the party before him by a notice, stating the demand
VOL. II. 3 Y
The same principle
applicable to churs and
alluvion lands.
eluded within talooks
of a particular descrip-
tion.
Proviso.
Proviso.
Course of proceeding
preparatory to an in-
vestigation regarding
the liability of such
lands to be assessed.
Notice to be served
on the party;
REGULATION II.
529
that nothing in the above rule shall be construed to affect the rights
reserved to zemindars, talookdars, and other proprietors of estates, with
whom a permanent settlement has been concluded, to the exclusive enjoy-
ment of the rent assessed on lands held on an invalid tenure, free of
assessment, within the limits of their respective estates and talooks,
and of which the extent may not exceed one hundred beegahs if in
Bengal, Behar, or Orissa, and fifty beegahs if within the province of
Benares.
See Reg. xi. The foregoing principles shall be deemed applicable not only
^ to tracts of land, such as are described to have been brought into cultiva-
tion in the Sunderbuns, but to all churs and islands formed since the
period of the decennial settlement, and generaliy to all lands g*ained by
alluvion or dereliction since that period, whether from an introcession of
the sea, an alteration in the course of rivers, or the gradual accession of
soil on their banks.
The same principle shall likewise be deemed applicable to all
lands which, though included at the period of the permanent settlement
within the limits of talooks held by individuals under special pottahs from
the collector, such as the putteetabady and jungulboory talooks in the
districts of the Twenty-four Pergunnahs and Jessore, may not have been
permanently assessed at the above-mentioned period; provided, however,
that in respect to such lands, if in the possession of the original pottah-
holder, or his legal representative, the conditions of the pottah in regard
to the assessment of the land included within the limits specified in that
instrument shall be strictly maintained.
IV. The several rules prescribed in Regulations XIX. and XXXVII.
of 1193; and Regulations XLI. and XLII. of 1795 ; Regulations XXXI.
and XXXVI. of 1803 ; Regulations VIII. and XII. of 1805, for deter-
mining the validity of grants for holding lands exempt from the payment
of public revenue, are hereby declared applicable to grants for holding
lands under mokurrery or other tenures limiting the demand of Govern-
ment ; provided, however, that nothing in this section shall be construed
to affect the rules contained in Regulation VIII. 1793, relative to the
assessment of lands held under valid grants, or leases, of the above nature,
nor to a!ter the provisions contained in Regulation 1. 1815, by which
tenures of that description are declared liable to assessment on the death
of the grantee.
Modified by /
Sec. v.Reg. IX
1825.
See Sec. iv.
Reg. III. 1828.
V. Whenever a collector of revenue, or other officer exercising
the powers of collector, shall have reason to believe that any lands lying
within the sphere of his official control are liable to assessment, either as
being held under an invalid tenure free of assessment, or at an inadequate
jumma, or as being liable to assessment on the principles stated in Sec-
tion III. of this Regulation, he shall report the circumstances to the Board
of Revenue, or other authority exercising the powers of that Board, who,
shoutd they be of opinion that proper grounds exist for inquiry, shall direct
the collector or other officer aforesaid to enter on an investigation of the
case in the manner hereafter mentioned.
&?cc?z^. The collector, on receiving the authority of the Board of
Revenue, shall call the party before him by a notice, stating the demand
VOL. II. 3 Y
The same principle
applicable to churs and
alluvion lands.
eluded within talooks
of a particular descrip-
tion.
Proviso.
Proviso.
Course of proceeding
preparatory to an in-
vestigation regarding
the liability of such
lands to be assessed.
Notice to be served
on the party;