Section 3 in The Bengal Land Revenue Assessment (Resumed Lands) Regulation, 1819
3. Lands not included in decennial settlement, etc., liable to assessment, except lands held free of assessment under valid title.
- First. - It is hereby declared and enacted that all lands which, at the period of the decennial settlement, were not included within the limits of any pargana, mauza or other division of estates for which a settlement was concluded with the owners, not being lands for which a distinct settlement may have been made since the period above referred to, nor lands held free of assessment under a valid and legal title of the nature specified in Regulations 19 and 37, 1793, and in the corresponding Regulations subsequently enacted, are and shall be considered liable to assessment in the same manner as other unsettled mahals; and the revenue assessed on all such lands whether exceeding one hundred bighas or otherwise, shall belong to [the Government] [Substituted by ALO for the words 'the Crown'.]:Proviso. - Provided, however, that nothing in the above Rule shall be construed to affect the rights reserved to zamindars, talukdars and other proprietors of estates with whom a permanent settlement has been concluded, to the exclusive enjoyment of the rent assessed on lands held on an invalid tenure, free of assessment, within the limits of their respective estates and taluks, and of which the extent may not exceed one hundred bighas if in [Bengal,] Bihar [or Orissa] [x x x] [The words 'and fifty bighas if within the Province of Benares', repealed by Act 1 of 1903.]Same principle applicable to chars and alluvion lands. - Second. - The foregoing principles shall be deemed applicable not only to tracts of land such as are described to have been brought into cultivation in the Sundarbans, but to all chars and islands formed since the period of the decennial settlement, and generally to all lands gained by alluvion or dereliction since that period, whether from an intercession of the sea, an alteration in the course of rivers or the gradual accession of [soil on their banks.] [As to the assessment of lands gained from sea or river by alluvion or dereliction see Act 9 of 1847.]Also to lands included within particular taluks. - Third. - The same principle shall likewise be deemed applicable to all land which, though included at the period of the permanent settlement within the limits of taluks held by individuals under special pattas from the Collector, such as the patitabadi and jangal-bari taluks in the districts of the 24-Parganas and Jessore, may not have been permanently assessed at the above-mentioned period:Proviso. - Provided, however, that in respect to such lands, if in the possession of the original patta-holder, or his legal representative, the conditions of the patta in regard to the assessment of the land included within the limits specified in that instrument shall be strictly maintained.
