DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0828
818
REGULATION III.
[A.D. 1828.
to be life tenures in cases in which the recital of the grant shall be such as
clearly to convey an hereditary interest: nor shall any tenures, howsoever
designated, be considered to be hereditary and perpetual, if the grants
under which they are held shall not convey, in express terms, an hereditary
or perpetual interest.
ment competent to
make grants and to
take measures for its
Parties obtaining
grants to take posses-
sion, and pubiic officers
to aid and assist them.
Persons deeming
themselves aggrieved
by such grants, how to
proceed.
Parties claiming right
to derive revenue from
persons engaged in
gathering or collecting
jungle produce in the
Sunderbuns, entitled to
compensation from Go-
vernment on proving
right.
Boundaries of the
Sunderbuns how to be
determined.
XIII. The uninhabited tract known by the name of the Sun-
derbuns has ever been, and is hereby declared still to be, the property of
the state : the same not having been alienated or assigned to zemindars,
or inchtded in any way in the arrangements of the perpetual settlement,
it shall therefore be competent to the Governor-General in Council to
make, as heretofore, grants, assignments, and leases of any part of the said
Sunderbuns, and to take such measures for the clearance and cultivation
of the tract as he may deem proper and expedient. All parties to whom
such grants, leases, or assignments shall have been made, or to whom they
may hereafter be made, shall be entitled to hold or to take possession of
any tract of Sunderbun jungle so granted or assigned, without question
or opposition, and all public officers shall aid and assist the same. Pro-
vided also, that if any zemindar, talookdar, or other sudder malguzar, or
any other person owning and occupying or collecting the rent or revenue
of cultivated land in the neighbourhood of the land so granted, leased, or
assigned, shall sue in any Court of Adawlut, or before a special commis-
sioner, under this Regulation, to contest the validity of the title or the
right of possession of any such lessee or grantee, under such grant, lease,
or assignment, then if the land aforesaid shall be proved to be, or to have
been, or be not denied to be or to have been, when so granted, leased, or
assigned, within the limit of the unoccupied jungle so named and described,
the suit shall be dismissed with costs. Provided, however, that if any
zemindar, talookdar, or other person aforesaid, shall claim to possess a
valuable interest in any part of the Sunderbuns, by virtue of authority to
collect money or other valuable thing from the persons engaged in gather-
ing wax, or cutting wood, or obtaining other jungle products of the tract,
or by virtue of any other similar privilege or advantage which may have
been recognised as part of the assets, on which the assessed revenue of
his zemindarry, talookdarry, or other tenure was adjusted at the time of
farming the perpetual settlement of the district, and the collection of
which was not subsequently stopped and due compensation made, under
the rules relative to the collection of sayer revenue, or other similar
arrangement, such zemindar, talookdar, or proprietor shall be entitled to
receive from Government compensation for any diminution in the value of
such interest and advantage consequent on the arrangements adopted for
the cultivation of the Sunderbuns; the same being duly established, after
an investigation conducted under the rules of Regulation II. 1819, as
modified by this Regulation.
The boundary of the Sunderbun jungle shall be laid down by
accurate survey, as determined on the spot by the commissioner of the
Sunderbuns; and any zemindar, talookdar, or party interested, shall be
entitled, on application made through the commissioner, and on payment
of the charge of preparing the same, to receive a copy of the survey map,
or of any part of the same, with the boundary marked there as so deter-
mined, together with a copy of the commissioner s proceedings on the
REGULATION III.
[A.D. 1828.
to be life tenures in cases in which the recital of the grant shall be such as
clearly to convey an hereditary interest: nor shall any tenures, howsoever
designated, be considered to be hereditary and perpetual, if the grants
under which they are held shall not convey, in express terms, an hereditary
or perpetual interest.
ment competent to
make grants and to
take measures for its
Parties obtaining
grants to take posses-
sion, and pubiic officers
to aid and assist them.
Persons deeming
themselves aggrieved
by such grants, how to
proceed.
Parties claiming right
to derive revenue from
persons engaged in
gathering or collecting
jungle produce in the
Sunderbuns, entitled to
compensation from Go-
vernment on proving
right.
Boundaries of the
Sunderbuns how to be
determined.
XIII. The uninhabited tract known by the name of the Sun-
derbuns has ever been, and is hereby declared still to be, the property of
the state : the same not having been alienated or assigned to zemindars,
or inchtded in any way in the arrangements of the perpetual settlement,
it shall therefore be competent to the Governor-General in Council to
make, as heretofore, grants, assignments, and leases of any part of the said
Sunderbuns, and to take such measures for the clearance and cultivation
of the tract as he may deem proper and expedient. All parties to whom
such grants, leases, or assignments shall have been made, or to whom they
may hereafter be made, shall be entitled to hold or to take possession of
any tract of Sunderbun jungle so granted or assigned, without question
or opposition, and all public officers shall aid and assist the same. Pro-
vided also, that if any zemindar, talookdar, or other sudder malguzar, or
any other person owning and occupying or collecting the rent or revenue
of cultivated land in the neighbourhood of the land so granted, leased, or
assigned, shall sue in any Court of Adawlut, or before a special commis-
sioner, under this Regulation, to contest the validity of the title or the
right of possession of any such lessee or grantee, under such grant, lease,
or assignment, then if the land aforesaid shall be proved to be, or to have
been, or be not denied to be or to have been, when so granted, leased, or
assigned, within the limit of the unoccupied jungle so named and described,
the suit shall be dismissed with costs. Provided, however, that if any
zemindar, talookdar, or other person aforesaid, shall claim to possess a
valuable interest in any part of the Sunderbuns, by virtue of authority to
collect money or other valuable thing from the persons engaged in gather-
ing wax, or cutting wood, or obtaining other jungle products of the tract,
or by virtue of any other similar privilege or advantage which may have
been recognised as part of the assets, on which the assessed revenue of
his zemindarry, talookdarry, or other tenure was adjusted at the time of
farming the perpetual settlement of the district, and the collection of
which was not subsequently stopped and due compensation made, under
the rules relative to the collection of sayer revenue, or other similar
arrangement, such zemindar, talookdar, or proprietor shall be entitled to
receive from Government compensation for any diminution in the value of
such interest and advantage consequent on the arrangements adopted for
the cultivation of the Sunderbuns; the same being duly established, after
an investigation conducted under the rules of Regulation II. 1819, as
modified by this Regulation.
The boundary of the Sunderbun jungle shall be laid down by
accurate survey, as determined on the spot by the commissioner of the
Sunderbuns; and any zemindar, talookdar, or party interested, shall be
entitled, on application made through the commissioner, and on payment
of the charge of preparing the same, to receive a copy of the survey map,
or of any part of the same, with the boundary marked there as so deter-
mined, together with a copy of the commissioner s proceedings on the