LECTURE : in Behar. On the 25th April Regulations were passed for the management of the Board of Revenue. These give an appeal from the Collectors to the Board, and thence to the Governor-General in Council. They lay down the same general rule for settlement with the "zemindar, talookdar, or other landholder" as in former Regulations,* with a preference to a respectable relation or principal servant when the landholder is disqualified otherwise than by misconduct but if no such person can be found, and it therefore becomes necessary to farm the revenue, provision must be made for the "dispossessed landholders by allotting them a proportion of the produce of the lands, where they do not possess neej-joot, comar, or other rentfree land, or lands under-rated, sufficient to furnish a maintenance."5 In settlements with zemindars, talookdars, and other landholders, their lands are to be deemed sufficient security in general; but in all cases of farm a malzamin or surety is indispensable. The sale of lands by the Board for arrears is only to be allowed under the special sanction of the Governor-General in Council. The Board may authorise a zemindar, &c., to mortgage or sell the whole or part of his land, directing the transaction to be registered by the sudder canoongoe. Such transactions are however to be discouraged, and it must be made clear that they are voluntarily entered into by the proprietor; and 'Colebrooke's Supplement, 487 to 490. 2 Ib., 266. Fifth Report, Vol. I, 16. Art. 16. 6 Ib. FURTHER REGULATIONS. 269 the Board is to see that the Government revenue is not endangered.1 The Board may make advances of tuccavee to the renters or cultivators when absolutely necessary, and where the settlement is annual, reporting the matter to the Governor-General in Council. Prohibitions are renewed against money dealings by the Board with revenue payers, against giving farms to Europeans, or accepting them as security, against granting or confirming grants of or allowing succession to either malgoozarry or revenue-free lands. The Board is to resume “all lands alienated from the general assessment since the 8th June 1787." In the Regulations passed on the 8th August 1788, for malconnah (malikana) lands in Behar, it is provided that the settlement is to include such lands, and that zemindars who have not the management of their zemindaries are to have ten per cent. on the net jumma as malikana.5 LECTURE 1790. VII. We now come to the year 1790, when the first rules for the Legislation of Decennial Settlement were passed; those for Bengal being dated 10th February 1790.6 In the results of the legislation this year there are two points which may be noticed here, but the rest will be more conveniently considered. in dealing with the Regulations more immediately connected with the Decennial and Permanent Settlements. The points referred to are, first, that authority is given to the Collectors on the 29th April to proceed against talookdars and other inferior renters paying revenue to the zemindars, Art. 41. 2 Art. 43 Art. 45. Art. 52. Colebrooke's Supplement, 490, 491. Ib., 285, 308. Fifth Report, Vol. I, 21, 25. LECTURE Summary. Power of alienation restricted. in the same manner as is prescribed by the Regulations for proceeding against defaulting renters paying revenue immediately to Government;1 and second, on the 29th June, it is directed that land in Calcutta, which had always been managed as a zemindary in the hands of the Government, is to be considered as pledged for the revenue, and liable to be sold for arrears in the hands of a purchaser from the defaulter. As we shall see these provisions were afterwards largely developed and applied generally. I shall now briefly summarise the results of the Regulations and directions during the period we have been considering; and which I have given in some detail, as being absolutely necessary for the due appreciation of the effect of the Regulations we are about to consider, under which the settlement became permanent in favour of the zemindars. In the first place we see that free alienation was not allowed. If the zemindars had attained to this privilege under the Mahomedan rule, they were deprived of it again until the Permanent Settlement. That under the Mahomedan rule they had a modified power of alienation seems probable. But even this power was at first cut down; and when restored was made subject to the control of the authorities. On the other hand sale for arrears was introduced as an ordinary remedy, in addition to eviction, imprisonment, and attachment of the land and goods. And this remedy was, by the Regulations last noticed, extended to the recovery of arrears from talookdars and under-renters paying revenue to the zemindars; in which categories, however, the ordinary ryots do not seem to be included, 'Colebrooke's Supplement, 492. since the power to proceed in this manner is given to the Collector. LECTURE With regard to proprietary rights, the zemindars were Proprietary rights. at first entirely dispossessed and treated as mere officers of Government: gradually, however, a larger right came to be recognised in them, and finally they were considered as something like proprietors of the land, and as entitled to the payments made by the ryots: but the right thus recognised was one which was to a great extent dependent upon their good behaviour, and the most stringent rules were laid down for the protection of the ryots, who are also recognised as having rights in the land, not inferior in validity, if subordinate in degree, to those of the zemindars. machinery. With regard to the revenue machinery, the fluctuating The fiscal principles adopted show probably the difficulty of fixing upon any effective scheme, rather than vacillation on the part of the authorities. These changes, however, no doubt tended to obscure the rights of the parties interested in the land and the revenue, and were thus favourable in the end to the zemindars. The endeavour by the Government to obtain increased centralisation failed, both in respect of the attempted management of the revenues from the Presidency, and also in respect of the efforts by Government to escape from dependence upon the zemindars. These attempts failed, for the same reason as in Mahomedan times the zemindars were in both cases too strong for the Government. LECTURE VIII. THE DECENNIAL AND PERMANENT SETTLEMENTS. Settlement to a Permanent Settlement. The Decennial Settlement preparatory to a Permanent Settlement-Views of Mr. Grant and Mr. Shore-Discussion between Lord Cornwallis and Mr. ShoreThe talookdars-Proprietary rights-Result of the discussion-Zemindars forbidden to collect the sayer-Recovery of rent and revenue-Lakhiraj Regulations-Disqualified landholders-Decennial Settlement RegulationsMokurreree leases-Istemrardars-Settlement of the land of disqualified proprietors-Settlement with mortgagees and others-Pensions to be paid by Government-Nankar, khamar, and neej-jote-Settlement of rent-Engagements with the under-renters-The landholders-Remedies for recovery of rent-The Permanent Settlement-Introduction of a general code of lawProclamation of the Permanent Settlement-Assessment on lands farmed or held khas when sold or divided-Further provisions-Object and effect of the Permanent Settlement-Rights of the zemindars-The zemindars not made absolute proprietors-The aurungs of Beerbhoom-Extension of cultivation. The Decennial WE have now reached the most important epoch in the preparatory history of the Land Tenures of Bengal, the period at which the zemindars were secured in the permanent enjoyment of their position by the Decennial and Permanent Settlements. The Decennial Settlement was from the first intended to be preparatory to a Permanent Settlement; and when the Regulations of 1789 for the Decennial Settlement of Bengal were promulgated, Lord Cornwallis was authorised to declare that, subject to the approval of the Directors in England, the "jumma would remain fixed for ever." We have already seen that the object of the Directors was to give value to the rights then possessed by the zemindars by adding the security, which had hitherto been wanting, of a fixed assessment, at any rate for a term of ten years. The rights of the zemindars had already |