MADRAS PERMANENT SETTLEMENT REGULATION, 1802[1] [2]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 [3][ ]
territories subject to the Presidency of Fort St. George. Whereas it is known to the zamindars, mirasidars,
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 inquiries 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 zamindaris, 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, mirasidars, 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 [4][ ]
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 landholders, 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 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-i-istimrar, or deed of
permanent property, shall be granted on the part of the [5][ ]
Government to all persons being, or constituted to be zamindars or 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 the 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 included, 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 excise on articles of
consumption--of all taxes personal and professional, as well as those derived
from markets, fairs or bazars--of 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 [6][maintenance
and support of such establishments as may be requisite in the several areas,
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
sanad-i-milkiyat-i-istimrar: and all lands or rasms heretofore appointed to the
support of police establishments shall be disposed of in such manner as
the [7][State
Government] may think fit. The landholders shall regularly pay in all seasons,
in the current coin [8][ ], 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 forever, if
necessary, for the payment of the public revenue.[9] 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 respected by the Courts of
Judicature and by the [10][officers
of the Government]; provided they shall not be repugnant to the Muhammadan or
to the Hindu laws, or to the regulations of the [11][ ]
Government, But unless such sale, gift or transfer 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 the 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] Rep., Mad. Act II of 1869. [12]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 of complaint against a karnam for breach of his duty,
such zamindar shall be free to institute a suit in the Adalat of the zila 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 zila 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 per forming 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 zila 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 Brahmadayam or Agraharm,
of Yaumia, Jivadan or Madad Maash, of Piran, Fakiran, or any other description
of exempted lands described under the general term of lakhiraj unless the
consent of 5[the State Government] shall have been previously obtained for that
purpose. Lands allotted to religious purposes. Where the consent of [13][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 zila. Zamindars refusing to give pattas or receipts, liable to be sued. 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. 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 zila, and shall pay such damages as may be decreed by the Adalat to
the complainant. Zamindars shall aid and assist the [14][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] Short title ''The
Madras Permanent Settlement Regulation, 1802"-- see the Repealing and
Amending Act, 1901 (Central Act XI of 1901). This Regulation was declared by the Laws Local
Extent Act, 1874 (Central Act XV of 1874)--s. 4 and the Second Schedule--to be
in force in the whole of the Presidency of Madras except the territories
mentioned in the Sixth Schedule to that Act. This Regulation will Cease to be in force in
estates notified under the Madras Estates (Abolition and Conversion into
Ryotwari) Act, 1948 (Madras Act XXVI of 1948)-- see s. 3 of that Act. [2] See Mad. Reg. IV
of 1822, s. 2. [3] The word
"British" was omitted by the Adaptation Order of 1950. [4] The word
"British" was omitted by the Adaptation Order of 1950. [5] The word
"British" was omitted by the Adaptation Order of 1950. [6] These words were
substituted for the words beginning with "maintenance and support of such
establishments" and ending with "for the better keeping of the
police" by section 2 of, and the Second Schedule to, the Madras Repealing
and Amending Act, 1955 (Madras Act XXXVI of 1955). [7] The words
"Provincial Government" were substituted for the word
"Government" by the Adaptation Order of 1937 and the word
"State" was substituted for "Provincial" by the Adaptation
Order of 1950. [8] The words
"of their respective provinces" were omitted by the Adaptation Older
of 1950. [9] The estates of
minors are exempted from sale for arrears of revenue by Mad. Reg. X of 1831, s.
2, cl. 1. [10] The words
"officers of the Crown" were substituted for the words "officers
of the Government" by the Adaptation Order of 1937 and the word
"Government" was substituted for "Crown" by the Adaptation
Order of 1950. [11] The word
"British" was omitted by the Adaptation Order of 1950. [12] This section
ceases to be in force in estates where the Madras Proprietary Estates' Village Service
Act, 1894 (Mad. Act II of 1894), is extended to the office of
village-accountant--see s. 3 of that Act. [13] The words
"Provincial Government" were substituted for the word
"Government" by the Adaptation Order of 1937 and the word
"State" was substituted for "Provincial" by the Adaptation
Order of 1950. [14] The words
"officers of the Crown" were substituted for the words "officers
of Government" by the Adaptation Order of 1937 and the word
"Government" was substituted for "Crown" by the Adaptation
Order of 1950.MADRAS PERMANENT SETTLEMENT
REGULATION, 1802
PREAMBLE