Section 2 in The Bengal Revenue-Free Lands (Badshahi Grants) Regulation, 1793
2. Badshahi grants made before Diwani. First.
- Altamgha, jagir, aima, madadmash or other badshahi grants for holding land exempt from the payment of revenue, made previous to the 12th August, 1765, the date of the Company's accession to the Diwani, shall be deemed valid, provided the grantee actually and bona fide obtained possession of the land so granted previous to that date and the grant shall not have been subsequently resumed by the officers or the orders of Government.If it shall be proved to the satisfaction of the Court that the grantee did not obtain possession of the land so granted previous to the 12th August, 1765, or that he did obtain possession of it prior to that date, but that it has been since resumed by the officers or the orders of Government, the grant shall not be deemed valid.Procedure in case of doubts as to authority of Officer having resumed grants. Second. - In the event, however, of a claim being preferred by any person to hold land exempt from the payment of revenue, under a badshahi grant made previous to the date of the Company's accession to the Diwani, and on it being proved to the satisfaction of the Court in which the suit may be instituted in the first instance, or to which it may be appealed, that the grantee held the land exempt from the payment of revenue, but that it was subjected to the payment of revenue posterior thereto by an officer of Government, and the Court shall entertain doubts as to the competency of such officer, under the powers vested in him, to resume the grant and subject the lands to the payment of revenue, the Court shall suspend its judgment and report the circumstances to the [State] [Word substituted for the 'Provincial' by the Adaptation of Laws Order, 1950.] Government, to whom a power is reserved of determining whether such officer was or was not, competent to resume the grant; and, upon receiving the determination of the [State] [Word Substituted for the 'Provincial' by the Adaptation of Laws Order, 1950.] Government, the Court is to decide accordingly.No such claim, however, to hold exempt from the payment of revenue, land that may have been subjected to the payment of revenue for the twelve years preceding the date on which the claim may be instituted, shall be heard by any Zila or City Court, unless the claimant can show good and sufficient cause for not having preferred the claim to a competent authority within the twelve years [* * * *] [Words and figures 'and proceeded in it as required by section 14, Regulation 3, 1793' repealed by Act 1 of 1903.].Persons not being original grantees not entitled to hold lands free. Third. - But no part of the two preceding clauses is to be construed to empower the Courts to adjudge any person, not being the original grantee entitled to hold land paying revenue to Government, exempt from the payment of revenue, under a jagir or other grant made previous to the Company's accession to the Diwani, where the grant may expressly specify it to have been given for the life of the grantee only; or, supposing no such specification to have been made in the grant, or the grant not to be forthcoming, where the grant, from the nature and denomination of it, shall be proved to be a life-tenure only, according to the ancient usages of the country.Nor also heirs of persons now possession exempted lands under life-grants made previous to Diwani. Fourth. - Nor to entitle the heirs of any person now holding lands exempt from the payment of public revenue under a jagir or other badshahi life-grant made previous to the Diwani to succeed to and hold such land exempt from the payment of revenue upon the demise of the present possessor; where the grant may expressly specify it to have been given for the life of the grantee only, or supposing no such specification to have been made in the grant, or the grant not to be forthcoming, where from the nature and denomination of the grant it shall be proved to be a life-tenure only, according to the ancient usages of the country.Present possessors not to transfer or mortgage grants Fifth. - The present possessors of lands now exempt from the payment of revenue under such jagir or other life-grants made previous to the Diwani and declared by the preceding clause not to be hereditary, are prohibited from selling or otherwise transferring them, or mortgaging the revenue of the lands for a longer period than their own lives, and all such transfers and mortgages which have been or may be made are declared illegal and void.
