_Bengal_, _Bahar_, and _Orissa_, in general, that, from the earliest
times to the present period, the public assessment upon the lands has
never been fixed; but, that, according to established rule and custom,
the rulers of these provinces have, from time to time, demanded an
encrease of assessment from the proprietors of land; and, that, for the
purpose of obtaining this encrease, not only frequent investigations
have been made, to ascertain the actual produce of their estates, but
that it has been the practice to deprive them of the management of their
lands, and either to let them in farm, or to appoint officers on the
part of Government, to collect the assessments immediately from the
Ryots. The Honorable Court of Directors, considering these usages and
measures to be detrimental to the prosperity of the country, have, with
a view to promote the future ease and happiness of the people,
authorized the foregoing declaration; and the Zemindars, independent
Talookdars, and other actual proprietors of land, with, or on behalf of,
whom a settlement has been made, or may be concluded, are to consider
these orders, fixing the amount of the assessments, as IRREVOCABLE, and
not liable to alteration by any persons whom the Court of Directors may
hereafter appoint to the administration of their affairs in this
country.
The Governor-General in Council trusts that the proprietors of lands,
sensible of the benefits conferred upon them, by the public assessments
being fixed FOR EVER, will exert themselves in the cultivation of their
lands, under the certainty that they will enjoy exclusively the fruits
of their own good management and industry, and that no demand will ever
be made upon them, their heirs, or successors, by the present, or any
future, Government, for an augmentation of the public assessment, in
consequence of the improvement of their respective estates.
To discharge the revenues at the stipulated periods, without delay or
evasion, and to conduct themselves with good faith and moderation
towards their dependant Talookdars, and Ryots, are duties at all times
indispensably required from the proprietors of land; and a strict
observance of those duties is now, more than ever, incumbent upon them,
in return for the benefits which they themselves will derive from the
orders now issued.
The Governor-General in Council therefore expects that the proprietors
of land will not only act in this manner themselves, towards their
dependant Talookdars, but also enjoin the strictest adherence to the
same principles, in the persons whom they may appoint to collect the
rents for them. He further expects they will regularly discharge the
revenue in all seasons, and he accordingly notifies to them, that, in
future, no claims, or applications, for suspensions, or remissions, on
account of drought, inundation, or other calamity of season, will be
attended to; but, that, in the event of any Zemindar, &c., with, or on
behalf of, whom a settlement has been made, or may be concluded, on his
or her heirs, or successors, failing in the punctual discharge of the
public revenue, which has been, or may be, assessed upon their lands,
under the above-mentioned regulations, a sale of the whole of the lands
of the defaulter, or such portion of them as may be sufficient to make
good the means, will positively and invariably take place.
ARTICLE VII.
To prevent any misconstruction of the foregoing Articles, the
Governor-General in Council thinks it necessary to make the following
declarations to the Zemindars, &c.
_First._ It being the duty of the ruling power to protect all classes of
people, and more particularly those who, from situation, are most
helpless, the Governor-General in Council will, whenever he may deem it
proper, enact such regulations as he may think necessary for the
protection and welfare of the dependant Talookdars, Ryots, and other
cultivators of the soil; and no Zemindar, &c. shall be entitled, on this
account, to make any objection to the discharge of the fixed assessment
which they have respectively agreed to pay.
_Second._ The Governor-General in Council having, on the 28th day of
July, 1790, directed the Sayer Collections to be abolished, a full
compensation was granted to the proprietors of land, for the loss of
revenue sustained by them in consequence of that abolition; and he now
declares, that, if he should hereafter think it proper to re-establish
the Sayer Collections, or any other internal duties, and to appoint
officers on the part of Government to collect them, no proprietor of
land will be admitted to any participation thereof, or be entitled to
make any claim for remissions on that account.
_Third._ The Governor-General in Council will impose such assessments as
he may deem equitable, on all lands at present alienated, and paying no
public revenue, which have been, or may be, proved to be held under
illegal, or invalid titles. The assessment so imposed will belong to
Government, and no proprietor of land will be entitled to any part of
it.
_Fourth._ The jumma of those Zemindars, &c., which is declared
fixed, in the foregoing articles, is to be considered unconnected
with, and exclusive of, any allowances which have been made to them
in the adjustment of their jumma for keeping up tannahs, or
police-establishments, and also of the produce of any lands which
they may have been permitted to appropriate for the same purpose:
and the Governor-General in Council reserves to himself the option
of resuming the whole, or part, of such allowances, or produce of
such lands, according as he may think proper, in consequence of his
having exonerated the proprietors of land from the charge of keeping
the peace, and appointed officers, on the part of Government, to
superintend the police of the country.
The Governor-General in Council, however, declares that the allowances,
or the produce of lands, which may be so resumed, will be appropriated
to no other purpose but that of defraying the expence of the police, and
that instructions will be sent to the collectors not to add such
allowance, nor the produce of such lands, to the jumma of the
proprietors of land, but to collect the amount from them separately.
_Fifth._ Nothing contained in this Proclamation shall be construed to
render the lands of the several descriptions of disqualified
proprietors, specified in the first article of the regulations,
regarding disqualified land-holders, passed on the 15th day of July,
1791, liable to sale for any arrears which may accrue on the fixed jumma
that has been, or may be, assessed upon their lands under the above
mentioned regulations for the decennial settlement, provided that such
arrears have accrued, or may accrue, during the time that they have
been, or may be, dispossessed of the management of their lands under the
said regulations of July the 15th, 1791.
It is to be understood, however, that, whenever all, or any, of the
descriptions of disqualified land-holders specified in the first article
of the last mentioned regulations, shall be permitted to assume, or to
retain, the management of their lands, in consequence of the ground of
their disqualification no longer existing, or of the Governor-General in
Council dispensing with, altering, or abolishing, those regulations, the
lands of such proprietors will be held responsible for the payment of
the fixed jumma that has been, or may be, assessed thereon, from the
time that the management may devolve upon them, in the same manner as
the lands of all actual proprietors of land who are declared qualified
for the management of their estates; and also of all actual proprietors
who are unqualified for such management, by natural, or other,
disabilities, but do not come within the description of unqualified
land-holders specified in the first article of the regulations of July
the 15th, 1791, are, and will be, held answerable for any arrears that
are, or may become, due from them on the fixed jumma, which they, or any
persons on their behalf, have engaged, or may engage, to pay under the
above mentioned regulations, for the decennial settlement.
ARTICLE VIII.
That no doubt may be entertained whether proprietors of land are
entitled, under the existing regulations, to dispose of their estates,
without the previous sanction of Government, the Governor-General in
Council notifies to the Zemindars, &c., that they are privileged to
transfer to whomsoever they may think proper, by sale, gift, or
otherwise, their proprietary rights in the whole, or any portion, of
their respective estates, without applying to Government for its
sanction to the transfer; and, that all such transfers will be held
valid, provided they be conformable to the Mahomedan, or to the Hindu,
Laws, [according as the religious persuasions of the parties to each
transaction may render the validity of it determinable by the former, or
the latter, code,] and that they be not repugnant to any regulations now
in force, which may have been passed by the British administration, or
to any regulations that they may enact hereafter.[B]
Footnote B:
Here appears a wide field for innovation!
ARTICLE IX.
From the limitation of the public demand upon the lands, the net income,
and, consequently, the value (independent of encrease obtainable by
improvements) of any landed property, for the assessments on which a
distinct engagement has been, or may be, entered into between Government
and the proprietor, or that may be separately assessed, although
included in one engagement with other estates belonging to the same
proprietor, and which may be offered for public or private sale entire,
will always be ascertainable by a comparison of the amount of the fixed
jumma assessed upon it, (which, agreeably to the foregoing declarations,
is to remain unalterable FOR EVER, to whomsoever the property may be
transferred,) with the whole of its produce, allowing for the charges of
management.
But it is also essential, that a notification should be made of the
principles upon which the fixed assessment charged upon any such estate
will be apportioned on the several divisions of it, in the event of the
whole of it being transferred, by public or private sale, or otherwise,
in two or more lots, or of a portion of it being transferred, in one, or
two, or more lots, or of its being joint property, and a division of it
being made amongst the proprietors; otherwise, from the want of a
declared rule for estimating the proportion of the fixed jumma, with
which the several shares would be chargeable in such cases, the real
value of each share would be uncertain, and, consequently, the benefits
expected to result, from fixing the public assessment upon the lands,
would be but partially obtained.
The Governor-General in Council has, accordingly, prescribed the
following rules for apportioning the fixed assessment in the several
cases above mentioned; but, as Government might sustain a considerable
loss of revenue by disproportionate lots of the assessment, were the
apportioning of it, in any of the cases above specified, left to the
proprietors, he requires, that all such transfers, or divisions, as may
be made by the private act of the parties themselves, be notified to the
collector of the revenue of that zillah in which the lands may be
situated, or to such other officer as Government may, in future,
prescribe, in order that the fixed jumma assessed upon the whole estate
maybe apportioned on the several shares, in the manner hereafter
directed; and that the names of the proprietors of each share, and the
jumma charged thereon, may be entered upon the public registers; and
that separate engagements, for the payment of the jumma assessed upon
each share, may be executed by the proprietors, who will thenceforward
be considered as actual proprietors of land.
And the Governor-General in Council declares, that, if the parties to
such transfers or divisions shall omit to notify them to the collector
of the revenue of the zillah, or such other officer as may be hereafter
prescribed, for the purposes before mentioned, the whole of such estate
will be held responsible to Government for the discharge of the fixed
jumma assessed upon it, in the same manner as if no such transfer or
division had taken place.
The Governor-General in Council thinks it necessary further to notify,
in elucidation of the declarations contained in this article, (which are
conformable to the principles of the existing regulations,) that if any
Zemindar, &c., shall dispose of a portion of his, or her, lands, as a
dependent Talook, the jumma which may be stipulated to be paid by the
dependent Talook, will not be entered upon the records of Government,
nor will the transfer exempt such lands from being answerable, in common
with the remainder of the estate, for the payment of the public revenue
assessed upon the whole of it, in the event of the proprietor, or his,
or her, successors, falling in arrear from any cause whatever; nor will
it be allowed, in any case, to affect the rights, or claims, of
Government, any more than if it had never taken place.
_First._ In the event of the whole of the lands of a Zemindar, &c.,
with, or on behalf of, whom a settlement has been, or may be, concluded
under the regulations above mentioned, being exposed to public sale, by
the order of the Governor-General in Council, for the discharge of
arrears of assessment, or in consequence of the decision of a court of
justice, in two or more lots, the assessment upon each lot shall be
fixed at an amount which shall bear the same proportion to its actual
produce, as the fixed assessment upon the whole of the lands sold may
bear to their actual produce. This produce shall be ascertained in the
mode that is, or may be, prescribed by the existing regulations, or such
other regulations as the Governor-General in Council may, hereafter,
adopt; and the purchaser, or purchasers, of such lands, and his, or
their, heirs, and lawful successors, shall hold them at the jumma at
which they may be so purchased, FOR EVER.
_Second._ When a portion of the lands of a Zemindar, &c., with, or on
behalf of, whom a settlement has been, or may be, concluded under the
above regulations, shall be exposed to public sale, by order of the
Governor-General in Council, for the liquidation of arrears of
assessment, or pursuant to the decision of a court of justice, the
assessment upon such lands, if disposed of in one lot, shall be fixed at
an amount which shall bear the same proportion to their actual produce,
as the fixed assessment upon the whole of the lands of such proprietors,
including those disposed of, may bear to the whole of their actual
produce.
If the lands sold shall be disposed of in two, or more, lots, the
assessment upon each lot shall be fixed at an amount which shall bear
the same proportion to its actual produce, as the fixed assessment upon
the whole of the lands of such proprietor, including those sold, may
bear to the amount of their actual produce. The actual produce of the
whole of the lands of such proprietor, whether the portion of them which
may be sold be disposed of in one, or in two, or in more, lots, shall be
ascertained in the mode that is, or may be, prescribed by the existing
regulations, or such other regulations as the Governor-General in
Council may hereafter enact, and the purchaser, or purchasers, of such
lands, and his, or her, or their, heirs, and successors, will be allowed
to hold them at the jumma at which they may be so purchased, FOR EVER;
and the remainder of the public jumma, which will consequently be
payable by the former proprietor of the whole estate, on account of the
portion of it that may be left in his, or her, possession, will continue
unalterable FOR EVER.
_Third._ When a Zemindar, &c., with, or on behalf of, whom a settlement
has, or may be, made, shall transfer the whole of his, or her, estate,
in two, or more, distinct portions, to two, or more, persons, or a
portion thereof to one person, or to two, or more, persons in joint
property, by private sale, gift, or otherwise, the assessment upon each
distinct portion of such estate, so transferred, shall be fixed at an
amount which shall bear the same proportion to its actual produce, as
the assessment on the whole estate of the transferring proprietor, of
which the whole, or a portion, nay be so transferred, may bear to the
whole of its actual produce. This produce shall be ascertained in the
mode that is, or may be, prescribed by the existing regulations, or such
other regulations as Government may hereafter adopt; and the person, or
persons, to whom such lands may be transferred, and his, or her, or
their, heirs, and lawful successors, shall hold them at the jumma at
which they were so transferred, FOR EVER; and (where only a portion of
such estate shall be transferred) the remainder of the public jumma,
which will consequently be payable by the former proprietor of the whole
estate, on account of the lands that may remain in his, or her,
possession, shall be continued unalterable FOR EVER.
_Fourth._ Whenever a division shall be made of lands, the settlement of
which has been, or may be, concluded with, or on behalf of, the
proprietor, or proprietors, and that are, or may become, the joint
property of two, or more, persons, the assessment upon each share shall
be fixed at an amount which shall bear the same proportion to its actual
produce, as the fixed jumma, assessed upon the whole of the estate
divided, may bear to the whole of its actual produce. This produce shall
be ascertained in the mode that is, or may be, prescribed by the
existing regulations, or such other regulations as the Governor-General
in Council may hereafter adopt; and the sharers, and their heirs, and
lawful successors, shall hold their respective shares, at the jumma at
which they may be assessed, FOR EVER.
ARTICLE X.
The following rules are prescribed respecting the adjustment of the
assessment on the lands of Zemindars, &c., whose farms are, or may be,
held _k’has_, or let in farm, in the event of their being disposed of by
public sale, or transferred by any private act of the proprietor, or of
their being joint property, and a division of them taking place among
the proprietors.
_First._ If the whole, or a portion, of the lands of a Zemindar, &c.,
who may not have agreed to the assessment proposed to him, or her, under
the regulations above mentioned, and whose lands are, or may be, held
_k’has_, or let in farm, shall be exposed to public sale, in one, or
two, or more, lots, pursuant to the decree of a court of justice, such
lands, if _k’has_, shall be disposed of at whatever assessment the
Governor-General in Council may deem equitable, and the purchaser, or
purchasers, of such lands, and his, or her, or their, lawful successors,
or heirs, shall hold the land at the assessment at which they may be so
purchased, FOR EVER.
If the lands, at the time of their being exposed for sale, shall be held
in farm, and shall be put up in one, or two, or more, lots, they shall
be disposed of under the following conditions. The purchaser, or
purchasers, shall receive during the unexpired part of the term of the
lease of the farmer, whatever such proprietor shall have been entitled
to receive in virtue of his, or her, proprietary rights, on account of
the lands so purchased, and such purchaser, or purchasers, shall engage
to pay, at the expiration of the lease of the farmers, such assessment
on account of the lands as Government may deem equitable. The sum to be
received by the purchaser, or purchasers, during the unexpired part of
the term of the lease of the farmer, and the jumma to be paid by such
purchaser, or purchasers, after the expiration of the lease, shall be
specified at the time of sale, and such purchaser, or purchasers, and
his, or her, or their, heirs, and lawful successors, shall be allowed to
hold the lands, at the assessment at which they may be so purchased, FOR
EVER.
_Second._ If a Zemindar, &c., whose lands are, or may be, held _k’has_,
or let in farm, shall transfer by private sale, gift, or otherwise, the
whole, or a portion, of his, or her, lands, in one, or two, or more,
lots, the person, or persons, to whom the lands may be so transferred,
shall be entitled to receive from Government, (if the lands are held
_k’has_,) or from the farmer, (if the lands are let in farm,) the
mali-connah to which the former proprietor was entitled, on account of
the lands so transferred. The purchaser, or purchasers, of such lands
will stand in the same predicament as the Zemindars, &c., mentioned in
the fourth article, whose lands are held _k’has_, or have been let in
farm, in consequence of their refusing to pay the assessment required of
them under the before mentioned regulations for the decennial
settlement, and the declarations contained in that article are to be
held applicable to them.
_Third._ In the event of a division being made in lands that are, or may
become, the joint property of two, or more, persons, and which are, or
may be, held _k’has_, or be let in farm, the proprietors of the several
shares will stand in the same predicament, with regard to their
respective shares, as the Zemindars, &c., specified in the fourth
article, whose lands have been let in farm, or are held _k’has_, in
consequence of their having refused to pay the assessment required of
them under the before mentioned regulations of the decennial settlement,
and the declarations contained in that article are to be considered
applicable to them.
ARTICLE XI.
The Governor-General in Council avails himself of this opportunity to
notify to the Zemindars, &c., as well as to all other description of
persons, that it is his intention forthwith to establish Courts of
Justice throughout the country, upon such principles as will put it out
of the power of individuals to injure each other with impunity, and
prevent the officers of Government from infringing the rights and
property of any of the inhabitants of these provinces, by ensuring a
speedy and impartial administration of justice in all cases whatever.
_Dated at Fort-William, the 22nd day of March, 1793, corresponding with
the 12th day of Cheyte, 1199, of the Bengal Æra, and the 9th day of
Shabaun, 1207, Higeree._
In order to comprehend the foregoing more fully, it is proper to state,
that when the _mocurrery_ (or perpetual) system of revenue was
originally proposed, the Governor-General in Council (Marquis
Cornwallis) notified, that it would be tried, in the first instance, for
ten years only; whence the term ‘_decennial settlement_.’ But, whether
from an early conviction of its excellence, or that the Marquis felt
anxious to ensure to the natives, and, as he apprehended, to the Company
also, those immense benefits attendant upon a final adjustment of so
momentous, and so extensive a concern, we see that, previous to his
return to Europe, he rendered the settlement as permanent as human
ability could effect. If report be true, the satisfaction he
experienced, on concluding the settlement, was afterwards greatly
diminished, when, on his re-appointment to India, he found that a
thousand deceptions had been practised by the natives, notwithstanding
every endeavor to frustrate such litigious or deceptive intentions; that
the Company’s finances had been fettered very imprudently by that
restriction which precluded Government from availing itself of growing
resources; and that the ‘Zemindars, independent Talookdars, and other
actual proprietors of land,’ so far from considering themselves to be
under any obligation to the Company, raised their heads with no little
insolence, and, in many instances, even complained that enough had not
been conceded to them.