Section 5 in The Bengal Land-Revenue Settlement Regulation, 1822
5.
[* * * *] [Clause First Repealed by Act 1 of 1903.]Malikana to be allowed to proprietors of estate farmed or held khas. - [Second.] [For an explanation of the rules in Section 5 as to malikana, see Bengal Reg. 9 of 1833.] - 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 or other authority exercising the powers of that Board may determine, anything in the existing Regulation 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] [Substituted by ALO.] Government from the lands; nor shall it exceed ten per cent, on the amount with the special sanction of the [State] [Substituted by ALO.] Government: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of any lands in lieu of the naukar formerly granted to them [* *] [The words 'by the Native Governments or otherwise' Repealed by ALO.] 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] [Substituted by ALO.] Government, 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 estates for which they may have formerly been under engagements though recorded in the accounts of past settlements as zamindars, talukdars or other 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] [Substituted by ALO.] Government 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 a regular suit in a Court of Justice, or to the satisfaction of the [Board.] [For the present constitution and powers of the Board of Revenue, see B. and O. Act 1 of 1903.] But in such cases such provision will be made for the intermediate support of the party as the [State] [Substituted by ALO.] Government may on the recommendation of the Board, see fit to direct.Zamindars may be called non to state jamas for which they are willing to engage. - Third. - 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] [Substituted by ALO.] Government 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 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] [Substituted by ALO.] Government 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.
