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LECTURE
VIII.

Zemindars forbidden to collect the

sayer.

Recovery of rent and

revenue.

284

COLLECTION OF SAYER PROHIBITED.

not been to act upon the high tone of Asiatic despotism. We are, on the contrary, for establishing real permanent valuable landed rights in our provinces, and for conferring such rights upon the zemindars; but it is just that the nature of this concession should be known, and that our subjects should see they receive from the enlightened principles of a British Government what they never enjoyed under the happiest of their own."

The rules for the Decennial Settlement of Bengal were first promulgated on the 10th February 1790. These were afterwards amended, and I shall refer to the final Regulations in their proper order. In the meanwhile, on the 11th June 1790, the zemindars were forbidden to collect the sayer or inland duties. This was not to affect the right of the zemindars or others to the monthly or annual rents paid for ground, or buildings erected thereon, nor to the phulkur, bunkur, and julkur, or "rents paid for orchards, pasture grounds, and fisheries," such rents being properly the private right of the proprietors. Moreover compensation was provided for. With regard to ground on which bazars and hauts were built, and to which reference is made in the Sayer Regulations, a declaration was issued by the Board of Revenue on the 6th August that the proprietary right therein would remain vested in the landholders, but the public were to have the use of such ground. With regard to the recovery of rent from the ryots, the Board of Revenue, on the 30th July, directed that the landholder should not attach the ryot's crop when he had given security which had been accepted by the landholder, unless the security

Colebrooke's Supplement, 286 to 290.

2 Ib., 287.

' Ib., 495.

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had absconded and other good security had not been tendered.' And with regard to the recovery of revenue from the zemindars, it was directed, on the 20th August, that the lands of defaulting landholders should be attached at the same time as the order for sale was issued, and should be held by the Collector until the purchaser should apply for possession. The defaulter was to pay the charges, which were to be deducted from the sale proceeds, and if those proceeds were insufficient, the purchaser was to pay the balance. Upon the sale of a sufficient portion of land to pay the arrears of revenue, defaulting landholders were directed (8th September) to be released from confinement. And permission was given (8th October) to defaulters to buy in their land when sold for arrears, giving security for the price if required.*

LECTURE

VIII.

On the 1st December 1790 Lakhiraj Regulations were Lakhiraj Regulations. passed. By these Regulations it is provided that all grants of rent-free land made before the 12th August 1765 (the date of the accession to the Dewanny) shall be deemed valid, provided the grantee actually and bonâ fide obtained possession before that date, and the grant was not subsequently resumed. If either of these provisoes is negatived by proof, the grant shall not be deemed valid." Grants since the 12th August 1765, made or confirmed by the Government, shall be held valid; but all others shall be held invalid. This is not to affect grants by the Provincial

Colebrooke' Supplement, 494. 2 Ib., 495.

3 Ib.
* Ib., 496.

5 Ib., 292.

6 Art. 1.

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VIII.

LECTURE Council before 1178 under Sa. Rs. 100 of annual rent, nor grants before 1178 not exceeding ten beegahs, bond fide appropriated to endowments on temples, the maintenance of Brahmins, or other religious or charitable purposes.' Possession before the 12th August 1765, and continued to the date of the Regulations, is to be of equal validity with any grant. These provisions as to possession are more stringent than those previously in force. It is provided that the proprietary rights in lands alienated before the date of the Regulations are to be decided by the Courts. "These Regulations with regard to all such lands respect only the public revenue thereof." Until dispossessed under a decree, "the grantees or present possessors are to be considered as the proprietors of the lands, with the same right of property therein as is possessed by the other landholders in the district paying revenue to Government," and are to be settled with for revenue. The revenue to be assessed on resumed villages or portions of villages is to belong to the Government when more than Sa. Rs. 100, or to the "person responsible to Government for the revenue of such village, whether he be zemindar or farmer," when less than Sa. Rs. 100.5 The revenue is to be assessed at one-half the net produce if the grant was before 1178, or according to the rules for the Decennial Settlement if after that date. A purchaser of a village or villages, either by public or private sale after the date of these Regulations, shall be entitled "to the property in the soil and the Government's share of the produce" of all portions of such villages as may have been alienated since the date of these Regulations

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and before his purchase, and shall not be liable to any increase of assessment on account of such lands or the produce thereof during his lease.' In like manner farmers of the lands of excluded zemindars shall be entitled to the produce of all portions of villages alienated after these Regulations, without liability to any increase of assessment on that account during their leases. The Collector's assistants are directed to prosecute the resumption of lands under these Regulations, and they are to receive a commission of twenty-five per cent. on the first year's jumma.' Landholders and farmers "entitled to the property in the soil, or to the whole or part of the produce," may sue to resume before the Collector. Resuming without a decree of the Collector renders them liable in damages. These Regulations are not to affect grants by the Superintendent of the bazee zemeen in Bengal, nor the Regulations for "jaghire, altumghaw, and muddudmaush lands" in Behar 5 We shall hereafter notice the more complete Regulations with reference to revenue-free grants which were passed at the time of the Permanent Settlement.

LECTURE

VIII.

landholders.

The next Regulation which demands notice, as throwing Disqualified light upon the mode in which the zemindars and others were dealt with, is that relating to disqualified landholders and their estates passed on the 15th July 1791.6 This Regulation recites that, by the rules for the Decennial Settlement of Bengal, Behar, and Orissa, females, minors, idiots,

1 Art. 8.

2 Art. 9.

3 Art. 10.

4 Art. 11.

5 Art. 14.

• Colebrooke's Supplement, 298 to 307.

VIII.

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LECTURE lunatics, contumacious persons, and notoriously profligate persons who are entire proprietors of estates paying revenue direct to Government, are declared incapable of having any concern in the management of their estates; and that this exception includes all such entire proprietors as are or may be rendered incapable of managing their estates by natural defects or infirmities of whatever nature. The estates of such persons were to be managed in trust for the proprietors; but many instances of abuse of this trust having occurred, the Board of Revenue had been constituted a Court of Wards to superintend the managers of such estates, under the following rules and limitations. This superintendence is to extend to the classes abovementioned, but not to proprietors of estates not paying revenue direct, nor to those joint with other qualified proprietors in the latter case, the proprietors must elect a manager, those who cannot vote themselves being allowed to vote through their guardians. The offices of manager and of guardian are to be considered distinct." The manager is to be called a surbarakar. In appointing him a preference is to be given to the heirs or near relations or creditable servants of the proprietor. The husband may be appointed manager of the wife's separate property. Females, not being minors or otherwise disqualified, may recommend a manager. The disqualified landholder is to receive for his support ten per cent. on the revenue, the Collector having the power to increase or decrease this proportion. Minority for both Hindoos and Mahomedans is limited to the expiration of the fifteenth year.5

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