14. Questions regarding
succession. Paragraph 171 of the Land Administration Manual- Questions of succession do not as a
rule cause much trouble. The terms of
the grant usually indicate clearly who the successor or successors must
be. Consequently whenever a question of
succession arises, the Deputy Commissioner should not depend upon the reports
of the subordinates but must personally satisfy himself of the terms of the
grant before orders are passed.
15. Power of sanction. Deputy
Commissioner to sanction succession to assignments. Rule 6 of the Punjab Pension and Revenue Assignment Rules, 1937. Deputy Commissioners may sanction the
succession of heirs in accordance with the terms of the grant,
to assignments (a) of the land revenue of specified fractional parts of one or
more estates, (b) of the land revenue of plots of land forming part of an
estate, and (c) in the Ferozepore, Ludhiana, Ambala and Karnal districts to pattidari
or horseman’s shares, and in the Jullundur doab to similar shares in
conquest jagirs.
16. Sanction to
succession to assignment of entire estates. Rule 5 of the Punjab Pension and
Revenue Assignment Rules, 1937. Commissioners may sanction the succession of heirs, in accordance with the terms of the grant, to assignments of the land revenue of one or
more entire estates.
17. Grants held during the
pleasure of Government. Punjab
Government letter No.680-R., dated 26th February, 1935. In the case of assignments of land
revenue released during the pleasure of Government, the Financial Commissioner
is empowered to sanction the succession of heirs to grants of the annual value
of Rs.50 or less. In cases of
succession to grants the annual value of which exceeds Rs.50, proposals should
be submitted through the Financial Commissioner for the orders of Government.
18. Interpretation of
the term “succession to heirs male”. Paragraph 158 of the Land Administration
Manual - The
conventional expression “succession to heirs male” when used in the original
order conveying sanction to a grant, means that the grant descends to a single
heir, unless a different rule of succession is specially prescribed. For the purposes of this ruling the term
“heir male” may be taken to be the equivalent of “male issue”.
Rule 8 of the Punjab Pension and Revenue
Assignment Rules, 1937- This ruling applies only to assignments of land
revenue granted in perpetuity after the 25th November, 1859. In the absence of any provision to the
contrary in the grant such assignments descent integrally to a single heir,
whose right does not become complete until his succession has been confirmed by
the local Government. This confirmation
may, if cause should arise, be withheld.
19. Succession in case
of small grants for service to be performed. Paragraph 159 of the Land
Administration Manual. Petty grants of an annual value not
exceeding Rs.20 for service to be rendered to village communities, should not
be split up but should be held from generation to generation by one individual
only, who should ordinarily be the eldest heir of the deceased incumbent. If there are good reasons, however, the
local authorities should arrange to supersede him provided this is agreed to by
those interested in the service to be rendered.
Existing
joint holders should not be disturbed but advantage should be taken of future
successions to get rid of the joint enjoyment.
20. Rules 9 of the Punjab
Pension and Revenue Assignment Rules, 1937. Succession to small grants assigned
to several persons for their lives. Petty grants of an annual value not
exceeding Rs.20 when assigned to two or more individuals collectively for a
single generation only without it being specified that the share of each
individual is to lapse on his death, will descend without diminution to the
survivors of the original assignees; and it is only on the death of the last
survivor that the whole will lapse.
21. Paragraph 175 of the Land
Administration Manual. Succession to grants for religious institutions. It is not part of a Collector’s duty
to settle succession to endowments for the support of religious
institutions. It is the policy of
Government, as laid down in Act XX of 1863, to abstain from interference in the
management of religious institutions……….. If the succession is contested, the
Collector should either pay the revenue to the claimant who is actually in
possession, or suspend payment altogether till the dispute is settled. He should adopt the latter course when
litigation is protracted, and it is clear that funds intended for religious or charitable
purposes are being diverted into the pockets of lawyers.
22. Succession to
Military jagirs, special jagirs and jagirs governed by the
provisions of the Punjab Jagirs Act, 1941. For succession to military jagirs,
special jagirs and jagirs governed by the provisions of the
Punjab Jagirs Act, 1941 see paragraphs 2, 3 and 4, respectively, above.
23. Paragraphs 176 to 182 of the Land
Administration Manual, which should be consulted, explain the circumstances
under which land revenue assignments are to be resumed. Special attention is invited to the
provisions regarding assignments for the support of religious institutions, and
to breaches of the condition of loyalty and good conduct.
24. (a) The Financial Commissioner has power
to resume any grant of the annual value of Rs.50 and under at any time if he of
opinion that the conditions, on which the grant was made are not substantially
fulfilled.
(b) If it is proposed to resume any
grant of which the annual value exceeds Rs.50 the case should be submitted
through Financial Commissioner for the orders of the Punjab Government.
Orders
relating to lapses of assignments
25. The
Collector is competent to enforce the lapse of term-expired assignments, to
arrange for the assignment of the land and to determine the amount to be
treated as khalsa in future. His
discretion to resume, of his own authority, assignments of which the terms has
expired is, however, not unfettered. In
certain cases of assignments for a life or lives, the original order of release
provides for reconsideration on the grant falling in. Grants on account of services rendered in 1848 or during the
Mutiny, originally made for a term, may not be resumed without reference to the
Financial Commissioner. The reasons for
showing liberality in such cases are explained in paragraph 187 of the Land
Administration Manual. It must be
remembered that special liberality has been enjoined for grants to religious
and charitable institutions (paragraph 191 of the Land Administration
Manual). When a grant made for the
support of a religious institution has been confirmed for the life of the
incumbent, and would lapse on death,
the Collector may, on his decease, refrain from giving effect to the lapse, and
report the case for final orders, and shall adopt this course if he considers
that the institution is valued by the people, and the resumption would cause
dissatisfaction. When it appears to the
Collector to be undesirable to enforce lapses, a recommendation for the
reconsideration of the original order should be made.
26. Procedure on
discovery of unreported lapses. When an unreported lapse is discovered, the revenue wrongfully enjoyed
should be recovered unless remitted by proper authority and the patwari
and village headmen should be called to account for their neglect of duty. Person giving information of concealed
lapses should be suitably rewarded.
It
is not intended that any general inquiry should be made into the manner in which
jagirs granted for more than one generation have been dealt within the
past. But in future cases, Deputy Commissioners should be guided by the
following remarks:-
It
is only just that recoveries should be made of erroneous payments; but although
this should be the general rule, exceptions must be made where the persons
liable are not entitled to participate in any grant, and are without the means
of making the payments due from them; and, in other cases, where the recovery
of the whole sum would cause undue hardship. In the latter class of cases, the
length of time during which the recipients have enjoyed a grant without title
thereto and the circumstances under which the error occurred, should be taken
into consideration. If the error was solely that of Government of its officers,
and the grant had been wrongly continued
for many years, the recovery of a part only of the sum due might usually be
sufficient. Each case of recovery should be dealt with on its merits with
reference to these remarks.
27. Entire estates. On the lapse or resumption of an
assignment of a land revenue of one or more estates, or of a specific
proportion of such revenue, no new settlement will ordinarily be necessary as jagir
villages have, in most cases, already been settled with the proprietors. The estate or estates will be entered in the
half-yearly return of lapsed and resumed assignments in order to obtain
sanction to the inclusion of the revenue assessed on them in the district
revenue roll for the following year.
28. Revenue-free plots. On the lapse or resumption of plots the revenue
of which has been assigned, the Collector must determine whether, with
reference to the actual assets of the plot the assessment fixed by the
Settlement Officer, as demandable on lapse, if any, should be enforced; and, if
no demand has been fixed, what demand should be made.
If
the assessment is made at full rates, i.e., at the assessment rates per acre
for each kind of soil in the estate, as fixed by the Settlement Officer, the
Collector will report his order only in the yearly statement prescribed in
paragraph 38 of this standing order.
But if the assessment is made at anything less than full rates, the
Collector, must, at the time of making his order, submit, it with the file, in
original, to the Commissioner for confirmation, who, on receipt of the file,
will pass such orders thereon as he sees fit.
By
paragraph 38 below the Commissioner are required to note that the assessments
reported in the yearly statements have their approval. In the covering letter
submitting statement they should call special attention to those cases in which
they have approved assessments at less than full rates.
The
sanction of the Financial Commissioner to the settlement of lapsed and resumed jagirs
and muafis mentioned in paragraph 38 will be deemed to be sufficient
confirmation of the assessments for the purposes of section 59(2) of the Land
Revenue Act.
29. Settlement with
heirs of deceased muafidars. Paragraphs 180-81 of the Settlement
Manual deal with an assignee’s connection with the land and his right and the
right of his heirs, to have a settlement made with them. The existing instructions on the subject are
contained in paragraphs 182-83 of the Settlement Manual.
These
instructions permit of an assessment at favourable rates being made with the
heir of a deceased muafidar. As
there stated, favourable assessments should rarely be adopted, and, if adopted,
they will hold good for the life of the immediate heir of the late muafidar,
or, if there be several immediate heirs, then for their joint lives unless it
is specified that the share of each will lapse on his death.
30. Small sums not to be
added to assessment of the estate. If the
arrangement that has lapsed falls short of one rupee, no addition should be
made to the demand upon the estate of which it forms part.
31. Resumed assignments
to share in reduction of assessments granted to the village. On a reduction of assessment being granted to a village in which a
settlement of a resumed assignment of land revenue has been made, a
proportionate reduction will be allowed upon such assignments.
32. The heirs of the muafidar are
entitled to receive the revenue payable in respect of any crops that may have
been sown, or may be standing, at the time of his decease. To remove uncertainties in the operation of
this rule, the following instructions are issued:
(a)
If
the muafidar dies between the Ist October and the 31st May,
the resumption shall take effect from the instalment of the following kharif.
(b)
If
he dies between the Ist June and the 30th September, it shall take
effect from the instalment of the following rabi.
Note; - This paragraph does not apply to ala lambardari, sufedposhi and zaildari
inams paid by deduction from revenue.
These should be resumed from the date of the death of the inamdar, the proportionate sum due to
him upto date being paid to his legal representatives. The amount due to the deceased will be
calculated for the period from the Ist of October preceding the inamdar’s
death up to and inclusive of the date of his death, and will be the same
fraction of the total annual value of the inam as that period is of the
whole year. The proportionate sum for
the period from the day following the inamdar’s death upto the 30th
of the following September, will be collected as fluctuating land revenue, and
the full year’s value of the inam added to the rent roll for the
following agricultural year, (vide paragraph 38 of this Standing Order, read
with paragraph 1 of the Standing Order No.31).
“The
sadar wasil baqi nawis will be held
responsible for any excess payment made to the legal representative of a
deceased inamdar as a result of wrong calculation. With a view to enable the sadar wasil baqi
nawis to calculate the correct amount of inam due, the date of death of
an inamdar should be reported to him by the tehsil authorities as soon
as possible.”
33. Who will receive revenue
of resumed assignments in jagir villages. In
villages held entirely in jagir the revenue of the lapsed assignment
will be payable to the jagirdar, except when the assignment was granted
by Maharaja Ranjit Singh, Maharaja Kharak Singh or Maharaja Sher Singh, or has
been maintained by special order of Government after investigation in the jagir
office of the Board of Administration.
Note:- (“Ambala Settlement reports Northern parganas,
by Melvill, paragraph 322 and “Southern parganas” by Wynyard, paragraph
265.”)—The powers of jagirdars to resume revenue free holdings the
continuance of which had not been guaranteed by a British officer, was
recognised by the Board of Administration in October, 1851, and again in their
letter no. 447, dated 13th February, 1852, to the Commissioner
directing that all jagir estates should be brought under
assessment. They directed that
Government officers should not interfere with the free action of jagirdars
in regard to the release or resumption of revenue-free land in their villages
save where the order of a British officer may exist in favour of any party.
34. In shared villages where
shares of jagirdars and Government are separate . In villages shared between
Government and the jagirdar if the lands paying revenue to the jagirdar
have been separated off, the above rule will apply to lapsed assignments of the
revenue of land which is situated in the jagirdar’s share.
35. Where jagirdar’s
shares has not been separated. If the paying revenue to the jagirdar
are not separate, the assignment will lapse to Government, unless it can be
shown to have been made by the jagirdar or his ancestor. If this can be shown, the lapse will be to
the jagirdar where he is in possession of his entire original holding,
less any deduction made by way of commutation for service; but, if a share in
the estate has accrued to Government by lapse or forfeiture, and the assessment
in the resumed land is not less than Rs.5, the proceeds shall be divided
between Government and the jagirdar in the rate of their shares, the jagirdar
receiving the benefit of all fractional parts of a rupee, and of all lapses
under Rs.5.
36. Calculation of
service commutation on sub-assignments. Financial Commissioners’ circular
letter no. 5551, dated 25th September, 1900 - Where there are jagirs liable
to the payment of service commutation, and petty muafis and allowances
are granted by a jagirdar to dependents which will eventually lapse to
him, and not to Government, all such petty muafis must in future be
included in the jagir for the purpose of calculating the service
commutation due. Except in Ambala,
where this practice has been observed since the last settlement, this rule
applies only to petty grants made after the 26th September 1900.
37. On the lapse of a jagir in whole
or in part, recoveries of jagir revenue should be credited to Government
under the appropriate head, and not placed in deposit for the benefit of
claimants to the jagir. A refund
can always be granted on the recognition of the claims of heirs and
others. An exception to this rule
should of course be made under the circumstances provided for in rule IV in
paragraph 64.
38. Instructions for
submission of returns - A yearly return in the form below showing the settlement of lapsed and
resumed assignments will be submitted by Collectors to Commissioners on the 15th
April, each year. The district
statements should be forwarded so as to reach the Financial Commissioner by the
first May. The district return will
include all assignments, including inams of which the lapse has come to
notice during the preceding year and the resumption of which will effect the
fixed land revenue roll of the following agricultural year. The total of column 9 will, after sanction
by the Financial Commissioner, appear as an
“addition” in the fixed revenue roll submitted in October. And the harvests for which the new
assessment will have to be paid in each case previous to its incorporation in
the fixed revenue roll (column 13) will end in every instance with the rabi
preceding the agricultural year to the fixed revenue roll of which the new
assessment will be added.
The
amounts shown in column 13 will be collected as fluctuating land revenue. The total of column 13 will agree with the
total of the monthly entries in the running register (Standing Order No. 31,
paragraph 29) made by the tehsil wasil baqi nawis and initialled by the tehsildar
or naib-tehsildar. The demand
shown in column 7 of tauzi form A, opposite side-head 10, will not,
however, agree with the total of column 13 of the resumption statement as all
demands on account of muafis, etc., resumed from the Ist April, to the
30th September will, as orders are passed by the Deputy
Commissioner, be included in column 6 of the register; and, therefore, in
column 7 of tauzi form A, opposite side-head 10 (vide foot-note
(c) to the form), but these demands will not be shown in the resumption
statement till the next year. The
office copy of the statement should remain with the sadar wasil baqi nawis
in order to enable him to check collections.
Statement of lapsed and resumed jagirs and muafis
in
the____________district______________for the
year ending the 31st March, 19
|
1 |
2 |
3 |
4 |
5 |
|
No. |
Estate in which lapse or
resumption occurred. |
Estate of lapse or resumption, whether whole or part of village or muafi plot |
Name of muafidar |
Date of muafidar’s
decease or other event entailing lapse or resumption of the holding. |
|
|
|
|
|
|
|
6 |
7 |
8 |
9 |
10 |
|
Harvest or date from which
resumption is to take effect, with year |
Area in acres
|
Proposed demand from
resumed or lapsed lands |
Net Government demand to
be shown in the revenue roll for the year 193.......19.... |
Last total khalsa assessment
of estate in which lapse has occurred. |
|
|
|
|
|
|
|
11 |
12 |
13 |
14 |
15 |
|
Pro-posed total khalsa assess-ment of estate |
Amount to be deducted from service commutation in consequence of this lapse or resumption |
Harvest from which assessment will have to be paid previous to its incorporation in the fixed revenue roll, and amounts due on account of each harvest. |
Amounts to be remitted for past harvest on account of service commutation with details by harvests |
REMARKS |
|
|
|
|
|
|
Column 8.—The demand shown in this column should be
that assessed by the Settlement Officer unless there is some special reason to
the contrary. If such reason exists, it
should be noted in the remarks column.
Column 9.—It
will ordinarily be the same as column, 8; where they differ, explanation of the
cause should be shown in the column of
remarks. In columns 8 and 9 annas and
pies will not be shown. Fractions of a
rupee not exceeding 8 annas will be omitted.
Fractions exceeding 8 annas will be shown as 1 rupee, provided that, if
the assignment that has left false short of rupee, no addition should be made
to the demand upon the estate of which it forms part.
Columns 9 and 10.—Should
make up the total jama entered in column 11.
Column 13 and 14.—The amounts in these columns should be the actual amount to be collected or remitted, as the case may be, and should not be expressed in round figures of rupee only.
39. Circular Memo 35 of
1887 - Recommendations
for the grant of charitable pensions, or for the grant or continuance of land
revenue assignments, must invariably be submitted in the printed propositions
forms supplied to Collector, (paragraph 44).
A spare copy should be forwarded in all cases, in which the orders of
Punjab Government or the Financial Commissioner are required.
40. Circular IX of 1865.
Extract from muafi register - Whenever an application for consideration of
the orders previously passed by competent authority made or a proposal is
submitted for the resumption of an
assignment or pension before the expiry or for its continuance after the expiry
of its sanctioned term, a true extract should always be given from the muafi
register in which the case was originally reported, the number of the register,
the entry in the register, and the date of the original order disposing of the
case been invariably cited. The
Collector should, when making a reference in such cases explain any matter
which is not clear in the proposition statement and the extract from the muafi
register. For example, when the value
of the assignment or name of a village as stated in the proposition statement
differs from that in the extract from the register, the Collector should
invariably give a brief explanation of the difference.
41. Circular No. 32 of
1882 - When muafi
cases in which a number of share-holders are concerned are reported, a pedigree
table of the family showing the relationship of the different shareholders
should be attached.
42. Punjab Government
resolution no.488, dated 4th October 1884, as amended by Punjab
Government no.28, dated 11th March 1899 - Submission of proposals
for continuance of life assignments or pensions - The following rules apply to the submission of proposals for the continuance on
personal grounds of land revenue assignments and political pensions originally
granted for one or more lives:--
I. The general rule is that pensions, jagirs and revenue-free holdings granted for one or more lives, lapse on the death of the grantee or holder last entitled; and, if it is proposed further to continue any portion thereof, special grounds must be shown, more particularly in the case of pensions.
II. Proposals for the continuance of any part of revenue-free assignment on personal grounds should be made as soon as possible after the death of the holder. If not made within two years thereof, they will be rejected unless the delay is sufficiently explained.
III,
Such proposals should not be made unless—
(1)
the
family of the deceased holder is in destitute or greatly reduced circumstances;
or
(2)
the
members of the family are unable to support themselves; or
(3)
the
deceased holder has rendered important public services of a special kind; or
(4)
there
are sufficient political reasons for exceptional liberality, because of the
history, services or position of the family or its claims by reason of
misfortunes beyond the control of the survivors upon the compassion of
Government.
43. Punjab Government resolution
no.488, dated 4th October, 1884.Continuance of life assignments
usually not to be proposed - When pensions to the female relatives of a deceased jagirdar or
holder of a revenue-free assignment will sufficiently meet the case, proposals
should not be made for continuing any part of a life jagir or
revenue-free assignment.
44. Punjab Government
resolution no.488, dated 4th October, 1884, as amended by Punjab
Government no.28, dated 11th March, 1899. Form of proposal for
continuance or resumption of assignments or pension. A proposal for the continuance or
resumption of an assignment or political pension should be made in the
following form: -
Register of revenue-free grants in the______tehsil,_______district.
|
1 |
2 |
3 |
4 |
|
|
Number of village |
Name of village with hadbast number |
NAME,FATHER,SNAME,AGE,CASTE AND RESIDENCE,OF |
Area of land, number of wells, etc. |
|
|
|
|
The last holder |
The proposed grantee |
|
|
|
|
|||
|
5 |
6 |
7 |
8 |
9 |
10 |
|
Annual value of grant. |
Term of release under
existing orders. |
Previous history of grant
with reference to orders sanctioning it and note of exciting shares. |
Opinion of investi-gating
officer. |
Opinion of Comm-issioners. |
Opinion or orders of
Financial Commissioner. |
|
|
|
|
|
|
|
NOTE—In column 3, where the existing grantee has succeeded, by virtue of
being chela of the former holder enter instead “son of____________” “chela
of_______________”. The age of proposed
grantee must be carefully ascertained.
In column 7 state
whether the pension or jagir is in lieu of an older one; and, if so,
give the date of the letter. The extent
and value of any other grants enjoyed by the same individual or institution
with the nature of any orders issued in regard to them in detailing shares, the
relationship of the parties should be indicated.
In columns 7 and 8 nothing should be omitted which will enable
the superior authorities at once to form an opinion on the merits of the case.
If under the existing rules the case requires the orders of Government, erase
the words “or orders” in column 10 and add a column “Order of the Punjab
Government.”
45. Information to be
given in the case of proposals made to continue part of a life jagir or
political pension, or to grant pensions to the families of deceased jagirdars. Punjab Government resolution No. 488, dated
4th October, 1884, as amended by Punjab Government no.28, dated 11th
March, 1899. In the
case of proposals made to continue part of a life jagir or political
pension or to grant pensions to the families of deceased jagirdars, this
form should be accompanied by a pedigree-table of the family, and the following
questions should be answered:-
(1)
What
heirs or other relatives who depended upon him for support have been left by
the deceased grantee or pensioner ?
(2)
What
are the means of each one of these persons ?
(3)
Are
any of them, by reason of tender years, sex or any infirmity, unable to earn their
livelihood ?
(4)
Had
the deceased any special claim on Government for good services rendered which
still calls for recognition ? If so, by
what precedent is any proposal for the continuance of any portion of the
emolument supported ?
(5)
Is the
land owned or cultivated by the muafidar ?
(6)
With
effect from what date is sanction solicited ?
46. Circular No. 25 of
1879. All grants held by same person to be considered simultaneously - In order to ensure uniformity in the
treatment of proposals for the continuance of muafi grants held by
individuals or institutions in separate villages or plots, in the same or in
different districts, Government have ordered that such cases may be
considered together. For obtaining the requisite clue to the
sanction of the various grants, the claimants should be carefully questioned,
and, if grants are held in other districts or divisions, the reporting officer
should refer to the officers concerned before the proposals are submitted to
the Financial Commissioners’ office.
The following procedure should be adopted:--
I Where the deceased held jagirs
and muafis in more than one district, and the heirs have their principal
residence in one of the said districts, the Deputy Commissioner of the district
where the heirs are residing should report to Government after communicating
with the other Deputy Commissioner or Deputy Commissioners concerned.
II. Where
the deceased held assignments in more than one district, and the heirs have
their principal residence in none of those districts, but the deceased had his
principal residence in one of those districts, the Deputy Commissioner of the
deceased district should report consulting the other Deputy Commissioner
concerned.
III. Where
the deceased held assignments only in one district, and the heirs have their
principal residence in another district, the Deputy Commissioner of the
deceased’s district should report after consulting the Deputy Commissioner of
the latter district.
IV. Where
the deceased held assignments in more than one district, and neither the
deceased nor the heirs had or have a principal place of residence in any of
those districts, the Deputy Commissioner of the district of the largest
assignment should report after consulting the other Deputy Commissioners
concerned.
V. When
inquiring into the succession to any assignment of land revenue, or into the
claim or relatives of deceased assignees of land revenue to a pension or other
provision, the investigating officer should inquire whether the deceased held
assignments in districts other than that in which the investigation is held.
Instructions for deciding whether a jagir
is of fixed amount, or whether its value is liable to fluctuate as the result
of reassessment
47. Punjab Government No.
11-A, dated 26th November, 1896. Old
Sikh jagirs that have been continued or confirmed by the
British Government are, as a rule, grants of the revenue of certain lands, the
valuation at the time of the grant being mentioned merely to give an idea of
the bounty conferred.
48. When however, an assignment of revenue of a specified amount
has been made by the British Government after annexation as a new grant, it
being left to a subordinate authority to determine the particular lands out of
whose revenue it is to be met, it should, in the absence of anything to the
contrary be construed merely as a grant of a fixed sum per annum in
cash. The nature of such a grant cannot
be altered by any arrangement that the subordinate authority may make for
meeting it; that is to say, if that authority sets aside the revenue of certain
lands to meet it, and that revenue falls off, otherwise than under the ordinary
rules of suspensions and remissions (see paragraph 51 below). Government will
have to make good the deficiency to the grantee; and, on the other hand, if the
revenue of those lands increases, the grantee will not be entitled to the
increment. He will only receive what Government sanctioned for him
viz., a fixed sum per annum in cash.
49. If, however, in any jagir the *kam-o-besh rule has already been adopted the principal laid down in paragraph 48
should not be rigidly applied. There
may be cases where owing to its not being followed in the past, jagirdars have been put to considerable loss because the revenues of lands assigned
to them for meeting a grant of fixed annual amount have fallen off. If in such cases the revenue of the land has
subsequently increased to more than the fixed annual amount, it might be
inequitable to limit the assignee to the fixed annual amount. All such cases, and any others where there
is good reason for not applying the principal, should be reported for the
orders of Government when in the ordinary course, either at the resettlement of
a district or on the death of an incumbent, any jagir tenure comes up
for consideration.
As
for assignments made after 1896 the principal laid down in paragraph 48 should
invariably be applied. When Government
sanctions a jagir of a fixed amount without reference, express or
implied, to particular lands, that jagir is deemed to be a grant of a
fixed amount not subject to the kam-o-besh or any similar rule even
though the grant may be allocated as the entire revenue or a fractional share
of the revenue of a particular village or villages.
*An assignment is said to be subject to the kam-o-besh rule, when either expressly or by implication the
revenue of certain lands are granted in jagir and the jagirdar is
to receive only the revenues of those lands as they might from time to time be
assessed and collected.
50. The extent to which
assignments to which the kam-o-besh
rule has been held to apply, may benefit from enhancements of the demand due to
the introduction of irrigation from a State canal, is determined by the orders
contained in paragraph 450 and appendix XXIII of the Settlement Manual.
Effect of suspension and remission of land revenue on assignments
51. Punjab Government letter
No. 387-R(S.), dated the 17th June, 1931, and No.147-R., dated the 8th
January, 1934 Punjab Government letter No.3372 R., dated 6th
September, 1938. Quite apart from the kam-o-besh
rule, however, every assignment of the land revenue of a particular area,
whether the assignment is of a fixed amount or not, is subject to reduction on
account of suspensions and remissions of land revenue on account of calamities
of the season. It is presumed that
association with particular villages is accepted by the jagirdars with the full knowledge that the revenue of these villages may not at a time
be collected in full. Special jagirs
are however exempt from liability to reduction
as the result of remissions under the sliding scale system of
assessment.
Treatment of assignments at a general
reassessment and during the currency of settlement
52. The examination and attestation of
existing assignments by the Settlement Officer, are described in paragraph
568-575 of the Settlement Manual. The Settlement Officer’s power to restore
small grant for village service, or in favour of village institutions made for
the term of settlement to their original position as grants made and controlled
by the village community, is explained in paragraph 570 of the Settlement
Manual and in paragraph 196 of the Land Administration Manual. The duties of
the Collector as regards lapse and succession are discharged by the Deputy
Commissioner, even when the district is
under settlement and all cases should be reported to him for orders by
the Settlement Officer, to whom also the orders should be communicated in order
that proper effect may be given to them in the records, and that the Settlement
Officer may be able to carry out the duty imposed on him by paragraph 568, et.
seq., of the Settlement Manual. It
is ordinarily advisable that grants for the support of religious, charitable or
other analogous institutions should be in the name of the head or chief representative of the institution; and where
this can be effected with the consent of the assignees, it should ordinarily be
done without reference to higher authority.
53. Paragraph 572 of the Settlement Manual deals with the
submission of muafi registers by Settlement Officers. Each register should be arranged in two
groups, viz.:-
(A)
grants
to institutions, and
(B)
grants
to individuals,
and within itself each group should
be topographically arranged, the first group containing (a) grants which
require the orders of Government; and the second (b) grants requiring orders by
the Financial Commissioner. When two or
more grants are held by any person or institution, this fact should always be
noted on the entry of each of such grants in the register. The form of the register is prescribed in
paragraph 44. A full history of the
grants must, in all cases, be entered in the registers, and the correct numbers
and dates of sanctioning and other connected letters should invariably be
quoted.
When the registers are complete,
Urdu translations should also be prepared.
For registers on which the Settlement Officer himself passes final
orders no English version is necessary.
Every register submitted for the
orders of higher authority should be accompanied by a skeleton abstract in the form below giving, in the
same order as that of register, the numbers of the cases, the names of the
holders and blank columns for the orders of superior authority. The orders passed in the register will be
copied into this skeleton abstract, and will be communicated to the local
authorities by the return of the abstract, which should contain columns for
orders of Government and those of the Financial Commissioner. The registers are retained in the Financial
Commissioner’s office.