The Bengal Ghatwali Lands
Regulation, 1814
][1]
PREAMBLE
A Regulation for the settlement
of certain mahals in district of Birbhum, usually denominated the Ghatwali
mahals.
Regulation - 1.
Whereas the lands held by the
class of the persons denominated Ghatwals, in the district of Birbhum, from a
peculiar tenure to which the provisions of the existing Regulations are not
expressly applicable;
And whereas every ground exists
to believe that, according to the former usages and constitution of the
country, this class of persons are entitled to hold their lands, generation
after generation, in perpetuity, subject nevertheless to the payment of a fixed
and established rent to the zamindar of Birbhum and to the performance of
certain duties for the maintenance of the public peace and support of the
police;
And whereas the rents payable by
those tenants have been recently adjusted, after a full and minute inquiry made
by the proper officers in the Revenue department;
And whereas it is essential to
give stability to the arrangements now established among the Ghatwals, the
following rules have been adopted, to be in force from the period of their
promulgation in the district of Birbhum.
Regulation - 2. Ghatwals in Birbhum, and their descendants in perpetuity to be maintained in possession of lands, and not liable to enhancement of rent.--
A settlement having lately been
made on the part of the Government with the Ghatwals in the district of
Birbhum, it is hereby declared that they and their descendants in perpetuity
shall be maintained in possession of the lands so long as they shall
respectively pay the revenue present assessed upon them, and that they shall
not be liable to any enhancement of rent so long as they shall punctually
discharge the same and fulfill the order obligation of their tenure.
Regulation - 3. Ghatwali lands to form part of zamindari of Birbhum-Rents how paid--
The Ghatwali lands shall be
considered, as at present, to form a part of the zamindari of Birbhum; but the
rents of Ghatwals shall be paid direct to the Assistant Collector stationed at
Suri, or to such other Public Officer as the Board of Revenue[2] [X
X X][3] may
direct to receive the rents.
Regulation - 4. Amount payable to zamindar of Birbhum.--
The difference between the amount
of the revenue assessed on the Ghatwals and the fixed assessment of revenue in
this portion of the zamindari of Birbhum payable to Government shall be paid to
the zamindars of Birbhum and his heirs and successors-in perpetuity.
Regulation - 5. Disposal, of tenure of ghatwals failing to discharge rents.--
Should any of the Ghatwals at any
time fail to discharge their stipulated rents, it shall be competent for the
State Government to cause the Ghatwali tenure of such defaulter to be sold by
public sale in satisfaction of the arrears due from him, in like manner, and
under the same rules, as lands held immediately of Government, or to make over
the tenure of such defaulter to any person whom the State Government may
approve on the condition of making good the arrear due; or to transfer it by
grants assessed with the same revenue, or with an increased or reduced
assessment, as to the Government may appear meet; or to dispose of it in such
other form and manner as shall be judged by the State Government proper. Should
any increase of revenue be obtained from the operation of any arrangements of
the nature above described, such increase shall be paid in conformity to the
tenor of the preceding article to the zamindar of Birbhum, his heirs and
successors.