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State of Bihar - Section

Section 7 in The Bengal Land-Revenue Settlement Regulation, 1822

7. Leases to be granted on revision of settlement.

- First. - When a [Collector] [For the exercise of the functions of Collectors by other officers see Section 35.] [* * *] [The words 'in the Ceded Provinces or,' Repealed by Act 1 of 1903.] [in the province] [The words 'Provinces' shall stand unmodified, see para 3 and Schedule VI of the ALO.] of Cuttack shall have completed the revision of the settlement of any mahal under the Rules contained in the preceding section it shall and may be lawful for him, subject to the orders of the Board [* * * *] [The Words 'of Commissioner' Repealed by Act 16 of 1874.] and [of the [State] [Substituted by AO for Government] Government], to grant to the proprietors, if willing to engage on adequate terms renewed lease for such further term of years subsequent to the [year 1234] [i.e., A.D. 1826.] Fasli or Amli as the State Government may direct.Jama for years subsequent to 1234, how adjusted - Second. - The assessment to be demanded on account of the years subsequent to the year 1234 fasli to which lease renewed as above may extend, shall be fixed with reference to the produce and capabilities of the lands as ascertained at the time when the revision of the settlement shall be made unless under special circumstances justifying a prospective enhancement of the Government demand:Provided also that the amount of such assessment shall not be raised above that of the present jama 9 unless it shall clearly appear that the net profits to be derived from the land by the zamindars and others who may be entitled to share in the profits arising out of the limitation of the Government demand will exceed one-fifth of that amount; and in, case wherein any increase may be demanded, the assessment shall be so regulated as to leave the zamindars and others aforesaid a net profit of twenty per cent on the amount of the jama payable by or through them respectively: no abatement on the existing jama will be allowed unless on the clearest ground of necessity.Pattas granted on revised settlement to cover only lands specified - Third. - The pattas granted on such revised settlements shall be held only to secure the malguzars from further demand during the term of their respective leases, on account of the lands specified in it, or described in the settlement rubakari of the [Collector] [The Words 'of Commissioner' Repealed by Act 16 of 1874.] with such allowance for error as may be distinctly declared at the time of settlement.Zamindars and other persons entering into engagements will be required therefore to afford the fullest and most correct information in regard to the raqba of the mahals for which they may engage.[* * * * *] [Clause Fourth Repealed by Act 1 of 1903.]Power to postpone final settlement until expiration of current leases - Fifth. - If any zamindars or other sadar malguzar, the settlement of whose estate may be revised under the above Rules, shall refuse to enter into suitable engagements for a further period beyond the term of the then current lease, or if after such revision the Revenue Authorities shall under any other circumstances deem it expedient to postpone taking further engagement of the revenue of any mahal until the expiration of the current leases, it shall be competent to them to do so; and in such case the several Rules contained in Section 3 of this Regulation relative to estates of which the settlement will expire with the present year, shall on the expiration of the said lease be and be held applicable to such mahals.Rules applied to estates in Pataspur, etc. - Sixth. - The same rules shall also be applicable to the several mahals within [* * *] [The words 'the district of Gorakhpur, the chakia Azamgarh' Repealed by Act 1 of 1903.] pargana Pataspur and its dependencies, as they may respectively become, or be declared, open for resettlement.