A Regulation for declaring the proprietary right of lands to be vested
in individual persons, and for defining the rights of such persons, under a
permanent assessment of the Land revenue in the British territories subject to
the Presidency of Fort St. George. Whereas, it is
known to the zamindars, mirasdars, raiyats and cultivators of land in the
territories subject to the Government of Fort St. George that from the earliest
until the present period of time the public assessment of the land-revenue has
never been fixed but that, according to the practice of Asiatic Governments,
the assessment of the land-revenue has fluctuated without any fixed principles
for the determination of the amount, and without any security to the Zamindars
or other persons for the continuance of a moderate land-tax; that, on the
contrary, frequent inquiries have been instituted by the ruling Power, whether
Hindu or Muhammadan, for the purpose of augmenting the assessment of the
land-revenue; that it has been customary to regulate such augmentations by the
inquires and opinions of the local officers appointed by the ruling Power for
the time being; and that in the attainment of an increased revenue on such
foundations, it has been usual for the Government to deprive the zamindars, and
to appoint persons on its own behalf to the management of the zamindars,
thereby reserving to the ruling Power the implied right and the actual exercise
of the proprietary possession of all lands whatever; and whereas it is obvious
to the said zamindars, mirasdars, raiyats and cultivators of land that such a
mode of administration must be injurious to the permanent prosperity of the
country by obstructing the progress of agriculture, population and wealth, and
destructive of the comfort of individual persons by diminishing the security of
personal freedom and of private property; wherefore, the Government, impressed
with a deep sense of the injuries arising to the State and to its subjects from
the operation of such principles, has resolved to remove from its
administration so fruitful a source of uncertainty and disquietude, to grant to
Zamindars and other land-holders, their heirs and successors, a permanent
property in their land in all time to come, and to fix for ever a moderate
assessment of public revenue on such lands, the amount of which shall never be
liable to be increased under any circumstances. In conformity to
these principles, an assessment shall be fixed on all lands liable to pay the
revenue to the Government; and, in consequence of such assessment, the
proprietary right of the soil shall become vested in the zamindars or other
proprietors of land, and in their heirs and lawful successors for ever. Where the
conditions of the permanent assessment of the revenue may have been adjusted, a
sanad-i-milkiyat-istimrar, or deed or permanent property, shall be granted on
the part of the [1][x x x x] Government to all
persons being, or constituted to be zamindars of proprietors of land; and each
zamindar or proprietor of land shall execute and deliver to the Collector of
the district a corresponding kabuliyat. The said sanad
and kabuliyat shall contain the conditions and articles of tenure by which the
lands shall be held. Cases of
disputed assessment. In all cases of
disputed assessment reference shall be had to the sanads and kabuliyats, and
judgment shall be given by he Courts of Judicature in conformity to the
conditions under which the agreement may have been formed in each particular
case. The Government
having reserved to itself the entire exercise of its discretion in continuing
or abolishing, temporarily or permanently, the articles of revenue include,
according to the custom and practice of the country, under the several heads of
salt and saltpetre of the sayar, or duties by sea or land-of the abkari, or tax
on the sale of spirituous liquors and intoxicating drugs--of the exercise on
articles of consumption--of all taxes personal and professional, as well as
those derived from markets, fairs or bazars--or lakhiraj lands (or lands exempt
from the payment of public revenue), and of all other lands paying only favourable
quit-rents- the permanent assessment of the land tax shall be made exclusively
of the said articles now recited. The Government
having charged itself generally with the maintenance and support of such
establishments as may be requisite in the several provinces, cities and towns
for the better keeping of the police, no lands shall be considered, as
heretofore, to be holden on the condition of performing police duties, unless
the same shall be specially provided for in the sand-i-milkiyah-i-istimarar;
and all lands or rasms heretofore appointed to the support of police
establishments shall be disposed of in such manner as the [2][State Government] may
think fit. The landholders
shall regularly pay in all seasons, in the current coin [3][xxxx], the amount of the
permanent assessment fixed on their lands; the remission of revenue which has
occasionally been granted according to the custom of the country on account of
drought, inundation or other calamity of the season shall cease and never be revived;
and where landholders may fail to discharge their pecuniary engagements their
property shall be answerable for the consequence of such failure. Where such
failure may occur, the personal property of landholders shall in the first
instance be attached, and ultimately their lands shall be liable to be sold and
transferred from them for ever, if necessary, for the payment of the public
revenue. Proprietors of
land shall be at free liberty to transfer without the previous consent of the
Government, or of any other authority, to whomever they may think proper, by
sale, gift or otherwise, their proprietary right in the whole or in any part of
their zamindaris; such transfers of land shall be valid and shall be respect by
the Courts of Judicature and by the [4][officers of the
Government]; provided they shall not be repugnant to the Muhammadan or to the
Hindu laws, or to the regulation of the [5][x x x x] Government. But
unless such sale, gift or transfer shall have been regularly registered as the
office of the Collector, and unless the public assessment shall have been
regularly registered at the office of the Collector, and unless the public
assessment shall have been previously determined and fixed on such separated
portions of land by the Collector, such sale, gift or transfer shall be of no
legal force or effect, nor shall such transaction exempt a zamindar from the
payment of any part of the public land-tax assessed on the entire zamindari
previously to such transfer, but the whole zamindari shall continue to be
answerable for the total land-tax, in the same manner as if no such transaction
had occurred. Where a part of
a zamindari may be sold for the liquidation of arrear of the public assessment,
or for the satisfaction of a decree of a Court of Judicature, or where part of
a zamindari may be transferred by sale, gift or otherwise, the zamindar or
landholder shall furnish to the Collector true and correct accounts of the
entire zamindari, and of the portion of the zamindari about to be separated,
for a period of time not less than the three years preceding such sale or
transfer, in order that the due proportion of the public revenue may be fixed
thereon. Principle
regulating assessment on part to be separated.The assessment to be fixed in
this case on the separated lands shall always bear the same proportion to
actual value of the separated portion as the total permanent jama on the
zamindari bears to the actual value of the whole zamindari. No separate estate to be
created with a less jama than 500 pagodas][6]. The zamindars or
landholders shall support the regular and established number of karnams in the
several villages of their respective zamindaris. The karnams
shall be appointed from time to time by the zamindars, and shall obey all legal
orders issued by them; but the karnams shall not be liable to be removed from
their offices, except by the sentence of a Court of Judicature. Procedure
against karnams in cases of complaint. Where a
zamindar, or his under-farmers, tenants or raiyats, may have cause or complaint
against a karnam for breach of his duty, such zamindar shall be free to
institute a suit in the Adalat of the zilla for the purpose of bringing such
karnam to trial and punishment; but, where a zamindar may deprive a karnam of
his office without such previous regular process, the zamindar shall be liable
to make such satisfaction for the injury as the Adalat of the zilla may decree. Appointment of
successor to karnam dismissed from office.Where a karnam may be dismissed from
his office by the sentence of a Court of Judicature, the zamindar shall in the
first instance select a successor from the family of the last incumbent,
provided any member of that family be found capable of performing the duty of
karnam; but where no member of the family may be capable of discharging the
duty of karnam, in that case the zamindar shall exercise his discretion in the
appointment of a proper person. The name of the person appointed to succeed to
the office of karnam shall be reported to the Collector of the zilla by the
zamindar. It shall not be
competent to proprietors of land to appropriate any part of a landed estate
permanently assessed to religious or charitable or to any other purposes by
which it may be intended to exempt such lands from bearing their portion of the
public tax; nor shall it be competent to a proprietor of land to resume lands,
or to fix a new assessment on lands which may be allotted (at the time when
such proprietor may become possessed of the estate in which lands are situated)
to religious or to charitable purposes under the denominations of Devasthan or
Devadayam, of Brahamadayam or Agaraharam, of Yaumia, Jivadan or Madad Maash, of
Piran, Fakiran, or any other description of exempted lands described under the
general term of lakiraj unless the consent of [7][the State Government]
shall have been previously obtained for that purpose. Where the
consent of [8][the
State Government] may have been obtained to a particular appropriation of the
lands above described, the proprietor of the estate in which such lands are
situated shall pay such assessment of revenue as may be fixed on the said Lands
by the Collector of the zilla. Zamindars or
landholders shall enter into engagements with their raiyats for a rent, either
in money or in kind, and shall, within a reasonable period of time, grant to
each raiyat a patta or kaul, defining the amount to be paid by him and
explaining every condition of the engagement. Zamindars
refusing to give pattas or receipts, liable to be sued. And the said
zamindars or landholders shall grant regular receipts to the raiyats for
discharges in money or in kind made by the raiyats on account of the zamindars.
Where a zamindar after the expiration of a reasonable period of time from the
execution of his kabuliyat may neglect or refuse to comply with the demand of
his under-farmers or raiyats for the pattas or receipts above mentioned, such
zamindar shall be liable to be sued in the Adalat of the zilla, and shall pay
such damages as may be decreed by the Adalat to the complainant. Zamindars shall
aid and assist the [9][officers of the
Government] in apprehending and securing offenders of all descriptions, and
they shall inquire and give notice to the Magistrates of robbers or other
disturbers of the public peace who may be found, or who may seek refuge, in
their zamindaris. [1] The word "British" Omitted by Adaptation Order of 1950. [2] Substituted by ibid. [3] Substituted by ibid. [4] Substituted. by adaptation Order of 1950. [5] Omitted by Adaptation Order of 1950. [6] Repealed by Mad. Act II of 1869. [7] Substituted by ibid. [8] Substituted by ibid. [9] Substituted by ibid.THE ANDHRA PRADESH (ANDHRA AREA) PERMANENT SETTLEMENT REGULATION, 1802
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