Standing Order No. 7

Assignments of Land Revenue and Non-Service Pensions

Table of Contents

 

SN

Subject

Assignments of land revenue

1.       

Introductory

Military rewards grants of fauji jagirs

2.       

Government of India, Military Department, resolution no. 867-B., dated 27th February, 1893

Special jagirs

3.       

Secretary of State’s Despatch No.53-Finl., dated the 8th September, 1916, and Punjab Government Resolution No.8397, dated the 5th April, 1917

4.       

Jagirs governed by the Punjab Jagirs Act, 1941

5.       

Other Jagirs  and  muafis

6.       

Interpretation of the orders of release

7.       

Sanads

8.       

Payment of assignments

9.       

Payment to non-resident or inform assignees

Alienation of assignments of land revenue and their liability to

attachment in execution of a decree

10.   

Government of India No. 2990 dated 27th August, 1852. Government of India No. 109, dated 9th January, 1857.  Despatch, Political Department No.51 dated 30th August, 1858

11.   

Section 11 of the Punjab Jagirs Act, 1941

12.   

Alienation of Military Jagir/Special Jagirs

13.   

Duties of Collector in connection with attachment of assignments

Succession

14.   

Questions regarding succession

15.   

Power of sanction of Deputy Commissioners to succession

to assignments

16.   

Sanction to succession to assignments of entire estates

17.   

Succession to grants held during the pleasure of Government

18.   

Interpretation of the term “succession to heirs male”

19.   

Succession in case of small grants for service to be performed

20.   

Succession in case to small grants assigned to several persons for their lives

21.   

Succession to grants for religious institutions

22.   

Succession to military jagirs, special jagirs, and jagirs governed by the provisions of the Punjab Jagirs Act, 1941

Resumption and Forfeiture

23.   

Circumstances under which land revenue assignments are to be resumed

24.   

Powers as regards resumptions

Orders relating to lapses of assignments

25.   

Lapse of term-expired assignments

26.   

Procedure on discovery of unreported lapses

27.   

Lapse or resumption of entire estates

28.   

Lapse or resumption of revenue-free plots

29.   

Settlement with heirs of deceased muafidars

30.   

Small sums not to be added to assessments of the estates

31.   

Resumed assignments to share in reduction of assessments granted to the village.

32.   

Title of the heirs of muafidar to receive the revenue payable in respect of any crops that may have been soon, or may be standing at the time of his deceased

33.   

Who will receive revenue of resumed assignments in jagir villages

34.   

In shared villages where shares of jagirdars and Government are separate

35.   

Where jagirdar’s shares has not been separated

36.   

Calculation of service commutation on sub-assignments. Financial Commissioners’ circular letter no. 5551, dated 25th September, 1900

37.   

Deposit of Recoveries etc.

38.   

Instructions for submission of returns

39.   

Circular Memo 35 of 1887

40.   

Circular IX of 1865- Extract from muafi register

41.   

Circular no.32 of 1882

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

43.   

Punjab Government resolution no.488, dated 4th October, 1884 -Continuance of life assignments usually not to be proposed

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

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

46.   

Circular No. 25 of 1879 - All grants held by same person to be considered simultaneously

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

48.   

Fixation of grant after the annexation by the British Govt.

49.   

Applicability of Rule of kam-o-besh

50.   

Determination of extent of the Rule kam-o-besh

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

Treatment of assignments at a general reassessment and during the currency of settlement

52.   

Attestation of existing documents

53.   

Paragraph 572 of Settlement deals

54.   

Action in anticipation of sanction

55.   

Additions to power of Financial Commissioner

56.   

Punjab Government Notification No.28.F-42/8338 dated the 13th February, 1942

Proposals for the commutation of hereditary jagirs

57.   

Government of India No.778-243-2, dated the 24th September, 1918, and section 10 of the Pensions Act, XXIII of 1871

The Maintenance of  Registers  of  Assignments,  and  the  Verification  of  the  Existence  of  Assignees

58.   

Barkley’s Directions to Collectors, appendix XVI. The registers prescribed

PROPOSAL  FOR  GRANT  OF  POLITICAL  PENSIONS

59.   

Political pensions

60.   

Punjab Government nos.197, dated 10th December, 1884, and 87, dated 4th July, 1889. Government of India, foreign Department no.1992-G, dated 16th October, 1884. Punjab Government no.5, dated 8th January, 1914

61.   

Punjab Government letter no. 540 – R., dated 7th March, 1925, and Government of India, Department of Education, Health and Lands, letter no. 323, dated 11th June. 1925

62.   

Grant of cash pensions to the destitute relatives of a deceased holder of a special jagir; Punjab Government letter no. 2687-R., dated 10th October, 1935.

Proposal for the grant of non – service pensions to the female relatives of deceased assignees

63.   

Inquiry into application for maintenance by relatives of deceased pensioners; Circular no. 17 of 1852

64.   

Submission of proposal for pensions or lapse of assignment; Punjab Government resolution no. 52,dated 17th April, 1894

65.   

Disposal of claims to participate in pension or assignments; Rule 7 of the Punjab Pension and Revenue Assignment Rules, 1937

Payment of pensions

66.   

Authority of payment of pensions

67.   

Punjab Government notification no. 33764, dated 21st December, 1933

Forfeiture of pensions

68.   

Forfeiture of pensions for crime; Book circular no XLIX of 1860 and VIII of 1872

69.   

Pensions. No. 700 181-2, dated 12th May 1913, from the Under Secretary to the Government of India, Department of Revenue and Agriculture, to the Revenue Secretary to Government, Punjab

Proposals for the commutation of non- service pensions and the grants of dowries

70.   

What pensions may be commuted, and on what conditions; Punjab Government, Finance Department, letter no. 32595 F.G., dated 23rd November, 1934

71.   

Report prescribed before payment; Financial Commissioner’s notification no. 48, dated 9th January, 1873

72.   

Form of report; Financial Commissioner’s notification no. 48, dated 9th January, 1893

73.   

If pensioner above 70, commutation not permitted; Financial Commissioner’s notification no. 48, dated 9th January, 1873

74.   

Certificate to accompany report; Financial Commissioner’s notification no. 48, dated 9th January, 1873

75.   

Preparation of descriptive rolls of pensioners whose pensions may be commuted under these rules; Financial Commissioner’s notification no. 48, dated 9th January, 1873

76.   

Grant of dowry in commutation of pensions enjoyed by female. ; Financial Commissioner’s notification no. dated 9th January, 1873

77.   

Form of bills to be submitted for countersignature of Commissioner. ; Financial Commissioner’s notification no. 48, dated 9th January, 1873. Punjab Government no. 297, dated 16th April, 1908

78.   

Pension commuted for dowry, till what date payable. ; Financial Commissioner’s notification no. 48, dated 9th January, 1873

79.   

These rules inapplicable to female military pensioners. ; Financial Commissioner’s notification no. 48, dated 9th January, 1873

80.   

Add to pensioners under the Service Regulations; Financial Commissioner’s notification no. 48, dated 9th January, 1873

Pensioner’s roll, report of death of pensioners and the marriage or remarriage of female pensioners

81.   

Characteristic marks to be given for identification of pensioner; Financial Commissioner’s notification no. 411, dated 22nd March, 1873

82.   

Punjab Government resolution no. 940- Final., dated 8th May, 1899

83.   

Report from all rural areas

Grant of copies of orders

84.   

Punjab Government no. 865, dated 22nd July, 1878, Circular no. 55 of 1878.

APPENDIX

FORMER POWERS

 

 

 

 

 

 


THE FINANCIAL COMMISSIONER, PUNJAB

Standing Order No. 7

Assignments of Land Revenue and Non-Service Pensions

 

Original issue, dated 29th January, 1910.

1st reprint, dated 20th June, 1916.

2nd reprint, dated 13th August , 1925.

3rd reprint, dated 23rd December, 1938.

4th reprint, dated 12th February, 1952.

 

1.         Introductory - The subject matter of this Standing Order may be classified as follows:-

(A)              Assignments of land revenue, commonly called “jagirs” and “muafis”, and

(B)                Non-service pensions.

       Assignments of Land Revenue (A) may be sub-divided into:-

(a)        Military reward grants, or fauji jagirs.

(b)        Special jagirs.

(c)        Jagirs governed by the Punjab Jagirs Act, 1941.

(d)        Other jagirs and muafis

Non-service pensions (B) may be sub-divided into :-

(e)        Political pensions.

(f)         Bedi and Sodhi pensions.

(g)                Jagir pensions, i.e., pensions to destitute dependents of deceased jagirdars.

 

(a)                                                               Military reward grants, or fauji jagirs.

 

2.         Government of India, Military Department, resolution no. 867-B., dated 27th February, 1893. (1)-These grants are dealt with in paragraph 138-39 of The Land Administration Manual. They are made to Indian Officers by the Government of India for distinguished military service rendered to that Government.

 

(2)        The orders of Government of India are addressed by Army Department to the Punjab Government, and are dealt with by the Financial Commissioner in his dual capacity of Revenue Secretary to Government and Financial Commissioner.

 

(3)        Forms of grant - Up to the 1st January, 1931, the orders conveyed a grant either :-

(a)        of land of the “annual value of Rs. 400” clear of all charges and deductions; or

(b)               alternatively of a land revenue assignment of Rs. 600 per annum for the first life one half of the amount for 2nd and one-quarter for the 3rd and last life.

 

Army Instruction (India) No. 102, dated the 16th September, 1930, and Government of India, Army Department, letter No. B-2523-3 (A.G. 9), dated the 3rd March ,1931.     From the 1st January, 1931, however, the grants will be either-

 

(a)                of land of the “annual value of Rs. 400” clear of all charges and deductions; or

(b)               of a “cash payment amounting to  Rs. 600 per annum” in place of jagirs in the form of assignments or remissions of land revenue.

 

4.         Procedure where a grant of land is made - Where the order is for grant of land, the following procedure shall be followed: -

 

(i)         If the orders of Government of India do not specify the name of the district in which the grantee wishes to take his grant, the first step to be taken is a direct communication, from the Financial Commissioner’s Office to the grantee to ascertain his wishes.   

 

(ii)                When it is ascertained where the grantee wishes to take his grant, the Deputy Commissioner of the district concerned is asked, a copy of the letter being sent to the Commissioner, to report where land is available and, if it is to place himself in communication with the grantee. This order is addressed to the Deputy Commissioner, with copy to the Commissioner, for information and guidance.

 

(iii)       If no land is available in the locality in which the grantee wishes to take his grant, he is asked to select some other locality, and, failing that, a report to this effect is made to the Government of India.

 

(iv)              If suitable land is available, the Deputy Commissioner is ordered to put the grantee in possession as early as possible.

 

(v)        These grants of land are given on the following conditions;-

(a)        The land to be subject to payment of the revenue assessed upon it, (if it is not assessed to the payment of revenue) subject to the payment of revenue at the rates at which land in the immediate vicinity is assessed, provided that, if the land is waste land requiring clearance, the grantee will be allowed the ordinary concession, which would be allowed to vendees at public auctions of Government land of two harvests free of land revenue.

(b)        Canal rates and cesses to be paid in full by the grantee from the beginning of the lease. The grantee to also pay the malikana at the rate in force in the tract concerned; provided that no malikana is to be charged on grant which does not exceed one square or rectangle .

(c)        The grant to be lease hold for the first ten years, and the property rights to be given after the end of that term if the land has been properly brought under cultivation and the grantee has made good use of his grant.

(d)        All grants are subject to the loyalty and the good behaviour of the holder.

              

(vi)              When a grant of irrigable land is under contemplation, reference must be made to the Irrigation Branch before any promises of irrigation are given to the grantee. If the Irrigation Branch decides that irrigation is not possible, the grantee should be informed and an acknowledgement obtained from him that he agrees to take the land on the understanding that irrigation cannot be extended to it.

 

(vii)             As soon as the grantee has been put in possession of his land the Deputy Commissioner concerned should submit a completion report to the Financial Commissioner, through the Commissioner, stating the market price of the land granted.

 

(5)        Assignments of land revenue - As the form of jagirs granted prior to the 1st January, 1931, and the status and dignity attached to such jagir awards remain unchanged, the following conditions governing them are reproduced below:-

 

(i)         All grants are subjected to the loyalty and the good behaviour of the holder.

 

(ii)                Assignments of this kind are for three lives only , the original assignee receiving the whole sum , his first heir half , and the next heir in succession one-quarter.

 

(iii)               On the death of the original holder, one –half of the grant shall descend integrally to a single heir; the heir will be selected by the Deputy Commissioner , but will ordinarily be the eldest male heir in the eldest branch of the deceased’s descendants. On the death of the selected heir, one-quarter of the original grant will descend integrally to one of his heir similarly chosen by the Deputy Commissioner. The selection made by the Deputy Commissioner will, in all cases , be subject to confirmation by the Commissioner  ,who will report the name of the approved successor to the Financial Commissioner for information.

 

 

Note.-   The rule that the grant should descend integrally to a single heir , may be relaxed at the discretion of the local Government and the reduced grant, i.e., the grant after the death of the original grantee, may be distributed among several heirs in such proportions as may seem most suitable , provided that the proper proportion of the original grant is not exceeded. (Dispatch from His Majesty’s Secretary of State for India , No.50-Finl., dated 20th December, 1918.)

 

(iv)             The assignment, if taken in an estate, the land revenue of which is fixed, will, in each case, be paid in the same proportions as the instalments of land revenue obtaining in the estate in which it is taken. Thus if the instalments are kharif one-third and rabi two-thirds, an assignee of Rs.600 will receive Rs.200 at kharif and Rs 400 at  rabi.

 

(v)                If the assignments is taken in an estate under fluctuating assessment, the assignment should ordinarily be paid in two equal instalments. If, owing to the predominance of either crop, this is not feasible, special proposals should be made by the Deputy Commissioner.

 

(vi)              Where the grantee takes his reward in the form of fixed assignment of land revenue, haq-ul-tehsil should not be charged.

 

(vii)      Punjab Government letter no. 9154 (Rev. & Agrl.-Genl.) dated 23rd  March, 1920:        -With effect  from rabi 1920, the Punjab Government have been pleased to exempt Indian military jagirdars  from the payment of contributions towards the remuneration of  zaildars  and inamdars leviable under Land Revenue Rule 11.

           

(viii)      Government of India letter no. 825-101-2, dated, the 18th August, 1922.    It has been ruled by the Government of India that military reward assignees should be treated like other jagirdars as regards remissions and suspension of land revenue. That is to say that, if the revenue of the state in which the assignment is taken is suspended or remitted on account of bad seasons, the assignee must bear the proportionate loss. The object of granting an official or non-official an assignment of land revenue on a particular village is to increase his izzat localy, so that he becomes a jagirdar of that village and his association with the land is accepted with the full knowledge of the danger, that at times his revenue will not be collected.

 

6.         Condition of loyalty and good conduct.   The policy and procedure in regard to the forfeiture of military pensions and other military awards will be found in the Army Department letter No.  B.-27919/1 (A. G.-8), dated the 9th April, 1934, to all such local Governments and Administrations, copy endorsed to all Deputy Commissioners and Commissioners with Punjab Government endorsement No. 14452-H./Mily., dated the 2nd May, 1934.

 

7.         Cash payments - Where the orders of the Government of India are for the grant of a cash payment, the Civil Authorities will not be concerned. This cash payment, which will be for three lives, reducible by half on each succession, will be known as a “jagir allowance’’. To Indian Officers on the active list, payment will be made monthly through a unit pay bill. To  Indian Officers on the pension establishment, payment will be made at the same time, and through the same channel, as the individual’s pension.

 

The title of “Bahadur” will be conferred on every recipient of a “jagir allowance” who is not already a member of the Order of British India.

 

8.         Adjustment between civil and military estimates of the expenditure in connection with the annual military grants of land and jagirs. -As land revenue, including the proceeds from the sale of Crown lands, is now a purely provincial source of income the provincial Government receives compensation from the revenues of the Central Government for all grants of land and assignments or remissions of land revenue, sanctioned on or after the first April, 1921 and  also assignments of land revenue sanctioned in connection with the Government of India Special War Rewards Scheme referred to in the late Army Department of the Government of India letter No.18779, dated 20th December, 1917, in favour of officials and non-officials in recognition of exceptional services rendered by them direct to the Government of India.

 

            For Jagirs sanctioned on or after the Ist April 1921; For Jagirs sanctioned the Government of India, Special War Reward Scheme; Hissar, Kangra, Jullundur, Ludhiana, Hissar, Rohtak, Kangra, Ludhiana, Ferozepore, Amritsar.

            The Deputy  Commissioner of the marginally noted districts should report by Ist March each year the exact amount of the assignment paid to any such Jagirdar to the Financial  Commissioner, who will arrange for the necessary adjustment of the expenditure through the Accountant-General.

 

(b)        Special  Jagirs

 

3.         Secretary of State’s Despatch No.53-Finl., dated the 8th September, 1916, and Punjab Government Resolution No.8397, dated the 5th April, 1917. (1) - In 1917 a scheme for the creation of special  jagirs was sanctioned by the Secretary of State enabling the Government of the Punjab to grant such jagirs ordinarily not exceeding  Rs.1,000 a year in in any one case  to persons other than whole time officials in active service and  subject, as regards the aggregate grant permissible in any one year, to a maximum of Rs.5,000.  Ex-officials can be granted special jagirs solely on public service rendered after retirement.

2.         Recommendations for the grant of special jagirs.    Recommendations for the grant of special jagirs should be made only in favour of persons of proved loyalty, who have rendered conspicuous services to the administration.  Those services may include work done in connection with such objects as the preservation of law and order, the advancement of the Co-operative and panchayat movements, the encouragement of education, sanitation and medical relief, the popularisation of agricultural improvements, the breeding of horses and cattle, the planting of trees, etc.  Recommendations should not be made save in very exceptional cases in favour of persons who have received other forms of reward, such as grants of land or large jagirs, but there is no objection to the increase of the value of a special jagir already granted so as to bring it up to a higher grade (Rs.500, 750, or 1,000).  Recommendations that were not previously accepted may, of course, be repeated at the discretion of the officers concerned.

 

In order to afford Government some field of choice, local officers should send up alternative recommendation with an indication of the order preference.

            The recommendation for each case should be made in the following form:-

(1)               Name, parentage, tribe and residence of proposed grantee.

 

(2)               (a)        Proposed grantee’s status title and honorary offices (if any).

(b)Whether he is or has been an official and whether he is in receipt of a pension.

 

(3)               Total area of land owned and land revenue paid.

 

(4)               How much of the area in No. 3 was received by way or reward or landed gentry grant, with details of grants, if any.

 

(5)               Amount of revenue assignment already enjoyed (if any) with details.

 

(6)               Rewards already received besides those indicated under heads 4 and 5.

 

(7)               Special jagir now proposed.

 

(8)               Has the proposed grantee a lineal descendant by whom one-half of the grant could fitly be inherited.

 

(9)               Grounds on which the grant is proposed by the Deputy Commissioner.

 

(10)           Remarks of the Commissioner.

 

(3)        Punjab Government circular letter No.3743-R., dated the 15th October, 1938. Every special jagir is allocated on the revenue of a suitable estate.  The Deputy Commissioners are authorised to determine, after consulting the grantees, the villages from the revenue of which such jagirs are to be met, subject to a report being submitted to the Financial Commissioner, through the Commissioner of the division.  The choice once made by a jagirdar will be irrevocable.

 

            (4)        Punjab Government letter No.998-R (S.). dated the 3rd August, 1931:- A special jagir is limited to two lives and is reduced by one-half on the death of the original grantee.  Only a single descendant in the male line of descent of the original jagirdar living at the time of his death can be selected as a successor, under the orders in each case of Punjab Government.  Government reserve full discretion not to select a son adopted after the grant of a special jagir.  Attached to the grant is a definite condition of “continued good conduct and steadfast loyalty to his Majesty the King Emperor and active good service to the public or to the Government established by law in British India, rendered to the best of the jagirdar’s ability and power”.

 

            (5)        Punjab Government letter no.387-R. (S.). dated the 17th June, 1931. Punjab Government letter no.3372-R., dated 6th September, 1938. - Every special jagir is subject to proportionate reduction when the land revenue of the village to which the jagir is assigned is suspended or remitted.  Special jagirs are however  exempt from liability to reduction as the result of remission under the sliding scale system of assessment.

 

(c)                Jagirs governed by the Punjab Jagirs Act, 1941

 

4.         (1)        The jagirs to which the provisions of the Punjab Jagirs Act, 1941,  apply are detailed in the Punjab Land Administration Acts, volume II.  The history of the legislation in this regard is given in paragraphs 140 to 159 of the Land Administration Manual.

 

            (2)        Succession:     The Deputy Commissioner should, as soon as may be , report the death of an assignee governed by the Act to Government through the Commissioner with proposals for the appointment of a successor.  The report should inter alia, state the present value of the assignment, the areas assigned, names of the various members of the family, and the maintenance allowances, if any, proposed for them.

 

            (3)        Financial Commissioner’s letter no.3198-(R)., dated the 18th September, 1933. Principles to be observed in fixing maintenance allowances out of the assignment.            The main object of the Punjab Jagirs Act, 1941, is to maintain the importance of the family through the principles of primogeniture and impartibility, an object which the granting of allowances should not be permitted to defeat.  The following principles should be borne in mind when making recommendations:-

 

(i)         Government can under section 8(b) of the Punjab Jagirs Act, 1941, provide suitable maintenance for the widow or widows (if any), and other members of the family of any previous holder of the assignment.  The direct descendant of any previous holder is included in the term “member of the family”.

 

(ii)                Government have full discretion in the matter of allowances and the exercise of its powers must depend on the circumstances of each case which include, inter alia, the allowances already in existence.  As a general rule, and subject to principle  No. (v) below, no allowance should be made to a member of the family who is not in need of it, having due regard to the standard of living which he may be expected to maintain.

 

(iii)               No hard and fast rules can be laid down in regard to adults, in particular where previous practice is in their favour.

 

(iv)              As a general rule, subject of course to exceptions, there should be good reasons for stopping or reducing on a new succession, allowances already in existence.  A ground for reduction, which would, however, require careful consideration, might be the fact that  a new succession involved additional allowances constituting serious encroachment on the total value of the jagir, if existing ones were maintained at their full amount.

 

(v)                Government would be reluctant to intervene where family arrangement are proposed and are not clearly unsuitable.

 

 

 

 

(d)        Other Jagirs and Muafis

 

5.         The rules issued by the Government of India from time to time regulating the assignment of land revenue are given in the appendix.  The Provincial Government’s powers in this respect are now unrestricted.

 

Interpretation of the orders of release

 

6.         The Collector is competent to decide all questions concerned with the interpretation of orders of assignment of land revenue, provided that his decision does not involve the grant of a fresh assignment, the continuance of an expired grant, the resumption of a  grant of which the term has not yet expired or the settlement of any question of succession or lapse that he has been forbidden to make.  It is, therefore, for the Collector to decide whether an assignment is of fixed amount, or is liable to variation as the result of reassessment, and whether lapsed muafis in shared villages accrue to the jagirdar or not.  In these or similar cases, the Collector’s  action is of course, subject to appeal. In case of importance in which there is a reasonable doubt regarding the proper interpretation, the Collector should seek the orders of higher authority.*

 

                                                Sanads

 

7.         Sanads for the grant of land revenue assignments are given by the Commissioner under the following rules:-

 

(i)         Grants of sanads - Grants held by the same party in one district and on the same tenure should be included in one deed grant.  Great care should be taken in entering the precise conditions of the grant, and, when a portion only of a large holding is to be continued to heirs, the nature and extent of the tenure should be clearly defined.           

 

(ii)        Punjab Government No.575, dated 27th August, 1870.  By whom to be authenticated -    The deed of grant should be signed and sealed by the Chief Secretary to Government, Punjab, on behalf of Government after scrutiny in the office of the Financial Commissioners.

 

(iii)       Form sanctioned in letter above quoted.  Terms of the grant.        The deed of grant for every assignment in perpetuity should state that the grant is to be held during the pleasure of Government, and is conditional on good conduct and loyalty.

 

(iv)       Prohibition of alienation.        The deed of grant should contain an express prohibition of alienation, and declare that the assignment will lapse to Government on the failure of male legitimate issue in the line of the original grantee.

 

(v)        Termination of Succession.   The limitation of the succession prescribed by rule 8 of the Punjab Pension and Revenue Assignment Rules, 1937, should be inserted in the deed of grant of assignments of land revenue granted in perpetuity after the 25th November, 1859.  In all cases limitation established by the terms of the grant should be specified.

 

(vi)              No sanad need be issued for inams to which the rules under the Punjab Land Revenue Act, 1887, apply.

 

Payment  of  Assignments

 

8.         The payment of assignments is part of the Collector’s duties in connection with  the administration of land revenue.  His powers are defined in Land Revenue Rules 52 to 57.

 

9.         Payment to non-resident or inform assignees - The procedure as regards payment to non-resident jagirdars, who fail to appear for the purpose within one month of the date of collection through the tehsil agency is given in paragraph 289 of the Sub-Treasury Manual.  To jagirdars who are unable to appear in person because of bodily illness or infirmity, the Government have allowed the payment of the jagir money on the production of a life certificate signed by a reasonable Government official or some other trustworthy person. The disbursing officer should, however, guard against fraud and must at least once a year require proof, independent of that furnished by the life certificate, that the jagirdar is alive.  Articles 945 and 947 of the Civil Service Regulations may be followed as parallel.

 

Alienation of assignments of land revenue, and their liability to attachment in execution of a decree

 

10.       Government of India No.2990, dated 27th August, 1852.  Government of India No.109, dated 9th January, 1857.  Despatch, Political Department No.51 dated 30th August, 1858.     The question of the extent to which assignments are alienable, and of their liability to attachment, is discussed in paragraphs 164-170 of the Land Administration Manual.  These paragraph deal also with the liability of perpetual jagirs for the personal debts of the last holder.

 

11.       Section 11 of the Punjab Jagirs Act, 1941 - Where the rule of descent under the Punjab Jagirs Act, 1941 involves the devolution of the assignment of land revenue to a single person as impartible property, the assignment is not liable to seizure, attachment or sequestration by process of any court at the instance of a creditor for any demand against the assignee or his successor for the time being in interest or in satisfaction of any decree or order.

 

12.       Military jagirs are expressly declared in the Sanads to be inalienable, any alienation thereof being void.  Special jagirs on the other hand are liable to be resumed by the local Government if they are transferred or hypothecated.

 

13.       Duties of Collector in connection with attachment of assignments.  Sections 141 and 142 of Land Revenue Act, XVII of 1887.  Paragraph 169 of the Land Administration Manual - Assigned revenue is an “interest in land”, and an order for its attachment made by any Civil or Criminal Court must be addressed to the Collector or such Revenue Officer as the Collector may appoint in this behalf, and must direct the person by whom the revenue is payable to pay it to the Collector and the Collector to hold it subject to the further orders of the Court.  In execution proceedings the Collector is the agent of the Court, and must obey its order without demur.  But after attachment has been made, he would be justified in pointing out to the Court, any reasons, why in his opinion it should be withdrawn.  It would then be for the Court to decide whether the reasons are valid.

 

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