Section 5 in The Bengal Land-Revenue Settlement Regulation, 1822
5. First. - Repeal of provisions relative to malikana and nankar.
- Repealed by Act 1 of 1903.Second. - Malikana to be allowed to proprietors of estates fanned or held khas. - The proprietors of estates let in farm or held khas shall be entitled to receive an allowance of malikana, at such rate as the Board [* * * * *] [Words 'of Commissioners' omitted by Act 16 of 1874.] or other authority exercising the powers of that Board may determine, anything in the existing Regulations notwithstanding : the said malikana to be apportioned in cases in which several proprietors may have heretofore held an estate under one common assessment, whether in joint tenancy or otherwise, according to the shares of each respectively :Provided also that the malikana allowance granted to the proprietor or proprietors of any mahal shall not in any case be less than five per cent, on the net amount realized by [the State Government] [Words 'the Provincial Government' first substituted for the words 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] from the lands; nor shall it exceed ten per cent, on that amount without the special sanction of the [State Government] [Words 'Provincial Government' first substituted for the words 'Local Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.]:Provided further that, if the said proprietors shall in any case be in the receipt of any perquisite or the profits of any lands in lieu of the nankar formerly granted to them [* * * *] [Words 'by the Native Governments or otherwise' omitted by the Adaptation of Laws Order, 1950.], in consideration of their proprietary tenure, the amount of such allowance shall be deducted from the malikana to which they are by this section declared to be entitled :Provided also that this rule shall not apply to such zamindars as may continue in the occupancy of their tenures whilst the mahal in which they are included is held khas or farmed, or of any part of them, that is to say, zamindars who may cultivate or lease their lands and pay the revenue to the farmer or Government officer; nor, without the special sanction of [the State Government] [Words 'the Provincial Government' first substituted for the words 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.], to any malguzar, zamindar or other proprietor or holder of land who may directly or indirectly continue to draw any allowance from the raiyats of the lands farmed or held khas:Provided also that malguzars, not being actual proprietors of the land included in the estate for which they may have formerly been under engagements, though recorded in the accounts of past settlements as zamindars, talukdars or the like, or being proprietors of a part only of such land, shall not receive the above allowance on the jama of the estate, but shall receive such allowance in lieu of their title of management as it may appear to [the State Government] [Words 'the Provincial Government' first substituted for the words 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] to be equitable to assign in addition to the malikana to which they may be entitled on account of any lands held by them in actual property, and of which they may not retain the occupancy: and no malikana shall be granted to any sadar malguzar on account of lands the occupants of which may deny his right of property, until he shall have established his right by regular suit in a Court of Justice, or to the satisfaction of the Board. But in such cases such provision with be made for the intermediate support of the party as the [State Government] [Words 'Provincial Government' first substituted for the words 'Local Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] may, on the recommendation of the Board, see fit to direct.Third. - Zamindars may be called upon to state jama for which they are willing to engage. - Provided also that, if any zamindar or sadar malguzar shall have been called upon by a Collector or other officer exercising the powers of a Collector to state the highest amount of jama for the payment of which he may be willing to engage, and shall have stated the same accordingly, the sum so stated by such zamindar or sadar malguzar, and not the jama ultimately realized by [the State Government] [Words 'the Provincial Government' first substituted for the words 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.], shall form the basis on which his malikana allowance shall be adjusted; and in such case it shall and may be lawful for the Revenue-authorities to limit the said allowance to five per cent, on the said sum, or to a portion thereof, according to the extent of the proprietary interest possessed by the said zamindar or sadar malguzar:Provided also that, if a zamindar or sadar or malguzar, when so called upon, shall fail to specify or tender any sum as aforesaid, then and in that case the net revenue derived by [the State Government] [Words 'the Provincial Government' first substituted for the words 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, then the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] from the mahal, on account of the year preceding that in which the Collector or other officer aforesaid may make the said requisition, shall be taken as the sum by which the amount of malikana (not being less than five, nor more than ten, per cent, on the same) shall be adjusted.
