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266 .' THE COLLECTORS.
Litcrnm by the Board of Revenue dated the 13th March.1 And on yn. J
— the 8th June 1787 some Regulations were passed for the
conduct of the Collectors. These Regulations, after pointing
out that the union of the powers of Magistrate and Collector
imposes a corresponding responsibility, declare that the
Collector ought, in order to the due discharge of his duty,
to compile a distinct account of the different pergunnahs
under his charge, including "the real and comparative state
of the cultivation and population in it, the rates and rules
of assessment, an account of the conduct of the farmer or
zemindar towards his under-tenants, the number of talook
dars, the nature of the produce and peculiar usages in
it, and the increase and decrease of the population." The
Regulations go on to provide for the separate execution of
the duties of Judge or Magistrate and Collector, and for
complaints by the ryots against farmers being heard by
the Collector.2 The Regulations then provide for cases of
contumacy by zemindars: where zemindars or landholders
are proved on oath to have resisted any written process,
they are to be called upon to appear, and in default their
lands are to be confiscated. Farmers are to be apprehended
under similar circumstances.3 And in case of default by
a farmer or zemindar in payment of revenue the Collector
may imprison him, and is bound to do so if one-third of
the kist of any month is not discharged by the 15th of the
ensuing month * In such a case the dewan, peshkar, or
1 Colebrooke's Supplement, 351 to 354. Harington's Analysis, Vol. II, 52.
» Colebrooke's Supplement, 253 to 266. Fifth Report, Vol. I, J* Harington's Analysis, Vol. II, 53.
• Colebrooke's Supplement, 256, Art. 12.
* Art. 23.
THE COLLECTORS.. 267
principal servant of the zemindar or farmer is to be appointed Lkctuhe to collect the revenue.1 No Collector or person in his employ —.^ is to hold directly or indirectly any farm of the revenue, or to be concerned in the revenue within his jurisdiction, either as farmer, security, or otherwise f or to lend money to any farmer or person responsible for the revenue.3 The Collector is to try to ascertain the rules and rates of assessment upon the ryots, and to endeavour to fix upon some mode of regulating them upon general, fair, and ascertained principles.4 The Regulations notice that, in spite of the orders of Government of 1772 prohibiting exactions, various taxes have since been imposed: these are to be strictly prohibited, and a penalty of double the amount enforced.5 The abolition of the sayer is also to be enforced.6 No alienations by zemindars or others are to be allowed without express sanction of the Board of Revenue. No European is to hold any farm or be accepted as security for any renter.7 All future alienations of revenue are to be immediately resumed by the Collector.8 No Collect tor is to sell the lands of a zemindar or other proprietor for arrears without the express sanction of the Board of Revenue.9 Zemindars conniving at robberies and murders are to be punished, and.none of their family to be allowed to succeed.10 Tuccavee is not to be advanced by the Collector without the express sanction of the Board of Revenue.1*
On the 23rd April further Regulations were passed for Regulation! of registering jageers, altumgha, and muddud-mash lands 1787.
268 FURTHER REGULATIONS.
Ikcturk in Behar.1 On the 25th April Regulations were passed far —- the management of the Board of Revenue.2 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 rent* free 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.6 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
1 Colebrooke's Supplement, 487 to 490.
• lb., 266. Fifth Report, Vol. I, 16.
■ Colebrooke's Supplement, 269 to 280.
* Art. 16.
FURTHER REGULATIONS. 269
the Board is to see that the Government revenue is not LucTM**
VII. 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."4 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
We now come to the year 1790, when the first rules for the legislation ol
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 talookdare and other inferior renters paying revenue to the zemindars,
• Art 41.
■ Art. 43
* Art. 45.
4 Colebrooke's Supplement, 490, 491.
« lb., 285, 308. Fifth Report, Vol. I, 21, 25.
in the same manner as is prescribed by the Regulations fir proceeding against defaulting renters paying revenue immediately to Government ;1 and second, on the 29th Jane, 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.2 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-rentera paying revenue to the zemindars; in which categories, however, the ordinary ryots do not seem to be included,
1 Colebrooke's Supplement, 492. •lb.