Section 1 in The Bengal Land-Revenue Settlement Regulation, 1822
1. Preamble.
- Whereas the existing settlement of the revenue in the [ceded] [The words 'Provinces' shall stand undefined, see para 3 and Schedule VI of the ALO.] Provinces will expire with the present Fasli [year] [i.e., the 1st September, 1822.] and it has therefore become necessary to declare and enact the principles and rules according to which the demand of the State is thereafter to be regulated, and the manner in which future settlements and revisions of settlements are to be conducted;And whereas a moderate assessment being equally conducive to the true interests of Government and to the well-being of its subjects, it is the wish and intention of Government that in revising the existing settlement of efforts of the Revenue-officers should be chiefly directed not to any general and extensive enhancement of the jama but to the objects of equalizing the public [burthens,] [Burthen : Archac from of Burden.] and of ascertaining, settling and recording the rights, interests, privileges and properties of all persons and classes owning, occupying, managing or cultivating the land, or gathering or disposing of its produce, or collecting or appropriating the rent of revenue payable on account of land, or the produce of land, or paying or receiving any cesses, contributions or perquisites to or from any persons resident in, or owning, occupying or holding parcel of, any village or mahal;And whereas, with these views and intention, the Governor-General in-Council has considered it to be expedient and proper, with the exception hereinafter specified, to continue the existing assessment in all cases in which the settlement has been formed with zamindar or other persons acknowledged as proprietors or possessors of a permanent interest in the mahals for which they may have engaged, until a new settlement can be made, combining, with the revision of the Government jama and the deliberate investigation of the facts by the determination of which its amount must be regulated, a full inquiry into, and a careful settlement of, the rights and interests of all classes connected with the land;And whereas the same principles are applicable to the district of Cuttack the pargana Pataspur and it dependencies of which the settlement will expire with the present "Amli" [year] [i. e., the 2nd September, 1822.];And whereas it has appeared expedient to make special provision for the early settlement of [* * *] [The Words 'the district of Gorakhpur, the chakla of Azamgarh, Repealed by Act 1 of 1903.] the pargana of Pataspur and its dependencies:[* * * * *] [Portion relating to 'the Conquered Provinces' and the Provice of Bundelkhand Repealed by Act 1 of 1903.]And whereas it is the desire of Government that the proceeding held, and the records, by the Collectors when making settlements or otherwise specially employed in conducting inquires of the above nature should be such as that all demands, claims and suits may be adjudged and determined according to the facts therein stated until the same shall have been formally altered, or it shall be shown, by the result of a full investigation in a regular suit, that the proceeding or record of the Collector was erroneous or incomplete;And whereas it is necessary to declare and define the powers and authority to be vested in Collectors in the conduct of the said inquiries, and the adjustment of the differences arising out of or made known by them;And whereas it further appears advisable that the revenue-officers should in certain cases be vested with authority judicially to receive, here, investigate and determine suits, claims and demands of the above description;And whereas it appears to be expedient to declare and explain the views and intentions of Government relative to the rights to be enjoyed and exercised by the sadar malguzars or persons admitted to engage for the payment of the Government revenue, and by persons collecting the rents of the land or revenue of Government, without being subject to the payment of any portion of it to the public treasury, such as jagirdars and other owners or managers of lakhiraj lands; and it is particularly necessary, in the case of estates held in pattidars or bhaiya chara tenure, to make further provision for protecting the sharers who have not been admitted to engagement with Government against the encroachments of the sadar malguzar, and likewise to secure the latter against the consequences of the embezzlement or misappropriation by the former of the funds whence the Government revenue ought to be discharged;For the purposes and objects above specified the following Rules have been enacted, to be in force [* * *] [The words 'from the date of their promulgation, throughout the ceded and Conquered Provinces, Repealed by Act 1 of 1903.] in the district of Cuttack, the pargana Pataspur and its dependencies.
