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← West Bengal Acts

The Bengal Regulation 8 of 1973

37 sections · 0 chapters

Section 1-3 [Repealed.]
Section 4 Settlement with whom to be concluded.
Section 13 Payment of revenue by talukdars ordered to be separated.
Section 14 Separated talukdars where to pay revenue.
Section 15 Tahsildars.
Section 19 Exception to above.
Section 20 Exceptions to general order for conclusion of decennial settlement with actual proprietors of soil.
Section 22 Exception as to proprietors of land in balance to Government and unable to pay in arrears.
Section 55 Proprietors and farmers of land prohibited imposing new abwab or mathaut on raiyats.
Section 66 Zamindars, independent talukdars and other actual proprietors of land, etc., not to dispose of dependent talukdars, farmers of land in farms immediately of Government, and all persons farming lands of the above-mentioned description of land holders and farmers of land, with their respective officers, agents, servants, dependents, or raiyats, are prohibited from taking cognizance of, or interfering in, matters or causes coming within the jurisdiction of the Courts of Civil Judicature or the Magistrates.
Section 26 Determination of majority of the proprietors present under the restriction specified in section 23, is also to be binding on the remainder, in agreement or disagreement to Jama proposed for undivided taluks. The sharers, however, if dissatisfied, may obtain a division of their lands and a proportionate allotment of the revenue assessed thereon, but at their own expense.
Section 27 Settlement of land held by several proprietors in joint names each proprietors share held exclusively responsible for the revenue assessed upon it.
Section 28-29 Settlement of joint undivided estate when proprietors are not forthcoming
Section 30 Settlement of disputed estates.
Section 31 If no claimant has been previously in possession.
Section 32 Settlement in case of disputes as to boundaries.
Section 33 Rules for fixing assessment
Section 34 Allowances of kazis and kanungos hitherto paid by the landholders, and public pensions to be added to the jama.
Section 35 Assessment to be fixed, exclusive of sair, with exceptions.
Section 36 Also exclusive of lakhiraj lands.
Section 37 Private lands of the zamindars and other proprietors in Bengal and Midnapur.
Section 38 Malikana lands in Bihar
Section 39 The nonkar, khamar, nij jot and other private lands appropriated by the zamindars, independent talukdars and other actual proprietors of land in Bengal and Orissa to the subsistence of themselves and families shall be also annexed to the malguzari lands, and the ten years jama fixed upon the whole under the following modification; that such proprietors as may choose to engage for their lands be allowed the option of retaining possession of their private lands above specified, upon the terms on which they have hitherto possessed them, provided they shall prove, to the satisfaction of the Board of Revenue that they held them under a similar tenure previous to the 12th August, 1765, the date of the grant of the Diwani to the Company, and have hitherto been permitted to keep possession of them whenever their zamindaris or estates have been held khas or let in farm, but not otherwise.
Section 40 Consolidation of malguzari and private lands also in certain taluks.
Section 41 Chakaran lands annexed to malguzari lands.
Section 42 Engagement for jama to be fixed
Section 43 Procedure in case of landholders declining to engage for the jama proposed to them.
Section 44-47 Procedure upon failure to engage for the jama to receive malikana rules regarding payment of malikana and enforcement of payments from farmer.
Section 18 Certain istimrardars who have held their land at fixed rent for more than twelve years, not liable to increase of rent.
Section 18 (Sub-para 2) With regard to such istimrardars as have not held their lands at a fixed rent for so long a period, if the zamindar or other actual proprietor of land has bound himself by the deed which he may have executed not to lay any increase upon them, he shall not be allowed to infringe the conditions of the deed for his own benefit, but shall confine his demands to the rent he may have voluntarily agreed to receive.
Section 58 Need of pattas, when abwabs, mathat, and other arbitrary cesses are prohibited.
Section 60 Right of raiyats in certain cases to demand pattas; restriction on making pattas of dead-rent.
Section 61 Time allotted for delivering pattas to raiyats.
Section 62 Rules regarding pattas.
Section 63 Proprietors to give receipt for rent or rent-tax received, and not to demand rent of absconded raiyats from those who remain.
Section 64-65 Adjustment of patwarris, bar to impositions contrary to Regulation.
Section 67 Direct to lowlah.
Section Fifth Collector to attend to spirit of Regulation where not applicable to particular districts.
Section Sixth Amended rules regarding pattas for the original rules for the settlement.
Section 78-101 Repealed clauses for Bengal, Bihar, Midnapore and Salt Districts.

The Bengal Regulation 8 of 1973

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The Bengal Regulation 8 of 1973
Section 38

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Section 38 of The Bengal Regulation 8 of 1973 — Malikana lands in Bihar

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37PreviousSection 37 Private lands of the zamindars and other proprietors in Bengal and Midnapur.39NextSection 39 The nonkar, khamar, nij jot and other private lands appropriated by the zamindars, independent talukdars and other actual proprietors of land in Bengal and Orissa to the subsistence of themselves and families shall be also annexed to the malguzari lands, and the ten years jama fixed upon the whole under the following modification; that such proprietors as may choose to engage for their lands be allowed the option of retaining possession of their private lands above specified, upon the terms on which they have hitherto possessed them, provided they shall prove, to the satisfaction of the Board of Revenue that they held them under a similar tenure previous to the 12th August, 1765, the date of the grant of the Diwani to the Company, and have hitherto been permitted to keep possession of them whenever their zamindaris or estates have been held khas or let in farm, but not otherwise.

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