Section 337 in Bihar Board's Miscellaneous Rules, 1958
337. Description of malikana.
- Malikana is of two kinds :(i)Malikana or proprietary allowance is granted for estates of which the settlement is not made with the proprietors under Section 5 (2) of Regulation VII of 1822. This is fixed for the term of the settlement-(a) when tender of settlement is made to the proprietor and his offer is not accepted, in which case the malikana is calculated on the amount of his offer, and (b) when tender of settlement is made to the proprietor but the settlement is refused absolutely without any offer being made, in which case the net collections of the year immediately preceding form the basis of the calculation of the malikana. In both these cases also the amount of malikana is not dependent on collections. Malikana is fluctuating-(c) when, as contemplated by the last clause of Section 3, Regulation VII of 1822, it is considered inexpedient to offer the settlement to the proprietor,the malikana should then be not less than 5 per cent of the net amount realized by Government from the lands, vide Rule 617 (II) of the Bihar and Orissa Survey and Settlement Manual, 1927.(ii)Malikana, which was allowed to Zamindars in virtue of their right as Proprietors, in consequence of the settlement of their estates or lands out of their estates, with others. The Bihar Malikana falls under this class, and is a compensation permanently granted to proprietors-(a) on account of the settlement of their estates with others, on their refusal, (b) for lands given out of their estates rent-free to others, by royal or other grants, which were never subsequently resumed, and (c) for such lands which were subsequently resumed, and assessed to revenue by Government and settled with the holders. It is of a pensionary nature, and does not depend on collections.Malikana of the first class is payable for a term of years only, that is, during the currency of settlement. In cases (a) and (b) the amount is fixed while in case (c) it may vary from year to year. Malikana of the second class is permanent.
