DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0112
102
ACT 1.
[A.D. 1841.
Evidence of arrear.
Reservation of rights
of Government.
Operation of this Act
may be extended.
VII. And it is hereby enacted, that in case of the lease or other tem-
porary transfer of any puttee as above said, no member of that puttee
shall be entitled to cultivate any land therein during the term of such
transfer; or in case of absolute sale, no member of the puttee shall be
entitled to hold or cultivate any land therein from and after the month of
Bysack next succeeding such sale, unless the said member of such sold or
transferred puttee shall first execute a written engagement to pay rent to
the purchaser or transferee at the rate demanded by the purchaser or
transferee: provided that it shall be competent to the collector, subject
to the orders of the Commissioner and the Sudder Board of Revenue, if
the rate cannot be fixed by private bargain between the parties, to cause
the same to be fixed by a jury of the vicinage, in the mode directed by
Sections V. to X. Regulation IX. of 1833.
VIII. And it is hereby enacted, that a copy of the jumma wasil bakee
and detailed kuteonee of the tehsildar, signed and sealed by him,- and
countersigned by the canoongoes and putwarry, exhibiting in detail the
amount paid by and arrear due from each puttee, shall be taken to be
sufficient evidence of the arrear due from that puttee; and these papers
shall invariably be filed with the collector's proceedings.
IX. And be it enacted, that the collector be empowered to give pos-
session to all purchasers and transferrees under this Act in the mode
authorized by Clause Third, Section XXIII. of Regulation VII. of
1822.
X. And it is hereby enacted, that nothing contained in this Act shall
bar the indefeasible right of Government to hold the entire body of pro-
prietors and the entire estate responsible for the amount of the whole
jumma, and to enforce the existing Regulations for the transfer or sale of
the whole estate whenever it shall appear to them just and expedient. In
every such case it is hereby declared, in modification of AfZ q/*
1822,* that the entire proprietary rights of every member of the coparce-
nary shall be annulled and forfeited, and the provision of Section VII. of
this Act shall be applicable to every member of the coparcenary.
XI. And it is hereby enacted, that the Governor-General in Council
may extend the provisions of this Act to any district to which, with refer-
ence to the nature of the tenures prevalent therein, its extension may be
expedient, although no settlement of such district may have been made
under Regulations VII. of 1822, and IX. of 1833; and the order of
Government shall be sufficient authority for such extension.
* Reg. XI. 1822, was repealed, except Secs, xxxvi. and xxxviii. by Act XII. 1841.
ACT 1.
[A.D. 1841.
Evidence of arrear.
Reservation of rights
of Government.
Operation of this Act
may be extended.
VII. And it is hereby enacted, that in case of the lease or other tem-
porary transfer of any puttee as above said, no member of that puttee
shall be entitled to cultivate any land therein during the term of such
transfer; or in case of absolute sale, no member of the puttee shall be
entitled to hold or cultivate any land therein from and after the month of
Bysack next succeeding such sale, unless the said member of such sold or
transferred puttee shall first execute a written engagement to pay rent to
the purchaser or transferee at the rate demanded by the purchaser or
transferee: provided that it shall be competent to the collector, subject
to the orders of the Commissioner and the Sudder Board of Revenue, if
the rate cannot be fixed by private bargain between the parties, to cause
the same to be fixed by a jury of the vicinage, in the mode directed by
Sections V. to X. Regulation IX. of 1833.
VIII. And it is hereby enacted, that a copy of the jumma wasil bakee
and detailed kuteonee of the tehsildar, signed and sealed by him,- and
countersigned by the canoongoes and putwarry, exhibiting in detail the
amount paid by and arrear due from each puttee, shall be taken to be
sufficient evidence of the arrear due from that puttee; and these papers
shall invariably be filed with the collector's proceedings.
IX. And be it enacted, that the collector be empowered to give pos-
session to all purchasers and transferrees under this Act in the mode
authorized by Clause Third, Section XXIII. of Regulation VII. of
1822.
X. And it is hereby enacted, that nothing contained in this Act shall
bar the indefeasible right of Government to hold the entire body of pro-
prietors and the entire estate responsible for the amount of the whole
jumma, and to enforce the existing Regulations for the transfer or sale of
the whole estate whenever it shall appear to them just and expedient. In
every such case it is hereby declared, in modification of AfZ q/*
1822,* that the entire proprietary rights of every member of the coparce-
nary shall be annulled and forfeited, and the provision of Section VII. of
this Act shall be applicable to every member of the coparcenary.
XI. And it is hereby enacted, that the Governor-General in Council
may extend the provisions of this Act to any district to which, with refer-
ence to the nature of the tenures prevalent therein, its extension may be
expedient, although no settlement of such district may have been made
under Regulations VII. of 1822, and IX. of 1833; and the order of
Government shall be sufficient authority for such extension.
* Reg. XI. 1822, was repealed, except Secs, xxxvi. and xxxviii. by Act XII. 1841.