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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 (2): Regulations from 1806 to 1834 — London, 1854

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https://doi.org/10.11588/diglit.34368#0765
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A.D. 1825.]

REGULATION XIV.

755

the acquisition of the country by the British Government; and it is neces-
sary to make provision for the due application of the general rules in force
relative to lakhiraj tenures, to the territory ceded by Govind Rao to the
British Government, and annexed to the ziilah of Bundlecund under the
provisions of Regulation II. 1818 ; and whereas it is enacted by Clause
First, Section XXVI. Regulation II. 1819, that in suits instituted in
the Ziilah Courts to contest the decisions passed by the Revenue Boards,
under the provisions of that Regulation, a special appeal only shall lie in
the Provincial Courts, and that in like manner in cases decided in the
first instance by a Provincial Court, excepting cases ultimately appealable
to the King in Councii, an appeal shail be received by the Sudder
Dewanny Adawlut on special grounds only; and it appears to be expe-
dient that the above restriction shouid not apply to cases wherein the
decision of the court may be opposed to the judgment of the Board of
Revenue, or other authority exercising the powers of that Board, but that
such cases should be open to a regular appeal, the following rules have
been enacted, in addition to, and in moditication ok the provisions of
Regulations XIX. and XXXVII. 1793, Regulations XLI. and XLII.
1795, Regulations XXXI. and XXXVI. 1803, of such parts of Regu-
lations VIII. and XII. 1805, as refer to lakhiraj lands, and of Regu-
lation II. 1819; to be in force from the date of their promulgation,
throughout the provinces immediately subject to the presidency of Fort
William.
II. It is hereby declared and enacted, that the power of granting
lakhiraj tenures, viz. tenures of land exempt from the public assessment,
either for life or in perpetuity, as well as of confirming such tenures
excepting by a regular judgment passed after a judicial inquiry, belongs,
and always has belonged, exclusively to the Supreme Government; and no
act, order, or decision, granting or confirming any tenure as aforesaid,
within any of the territories subordinate to this presidency, after the
annexation of such territories to the British dominions, shall be held valid,
unless the same shall have been done, issued, or passed, by or under the
immediate directions of the Governor-General in Council ; or by some
officer expressly authorized by Government to grant or confirm such
tenures, or with respect to the confirmation of grants duly authorized by
some competent Court of Judicature in a suit regularly tried and decided
by it, or by one of the Revenue Boards acting in a judicial capacity, under
the rules of Regulation VIII. 1811, whilst that Regulation (rescinded by
Section II. of Regulation II. 1819) was in force; and subsequently under
the rules of Regulation II. 1819, or any other Regulation expressly
empowering the Revenue Boards, after full investigation of claims to
exemption from assessment under the general rules applicable to lakhiraj
tenures, to pronounce a decision against the assessment, to be considered
final, except on proof, in a Court of Judicature, of fraud or collusion in
the previous inquiry. Provided also, that no resolution or order passed by
the Lieutenant-Governor, and the Board of Commissioners in the Ceded
and Conquered Provinces, the Board of Revenue, or other authority
exercising the powers of that Board, whereby the right of Government to
assess any lakhiraj lands may have been relinquished or postponed, save
and except decisions regularly passed according to the rules above cited,
5D2

Lakhiraj tenures de-
clared not to be valid,
confirmed under the
sanction of Govern-
ment.

regularly tried and de-
cided, or by a Revenue
Board acting under
special rules in a judi-
cial capacity.

Right of Government
to assess lakhiraj lands
not barred by resolu-
tain officers and autho-
rities, except as above
excepted.
 
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