• To Government Foreign Depart

inent.

questions remaining are:-To what extent could it be applied? And When could it be introduced? Now it is to be ever remembered that in these provinces the railways, the roads, and the navigation will certainly work great changes, while similar results are not here to be expected from irrigation. But this prospect exists here, in common with the rest of India, neither more nor less. If then the prospect of material improvement does not bar the concession of a permanent settlement elsewhere, neither should it have that effect here. So far then as railways, roads, and navigation are concerned, the Central Provinces seem as much entitled to the advantage of a permanent settlement as other provinces of India. But further, it is to be borne in mind that the amount of culturable waste in these provinces is enormous; and though this condition may exist more or less everywhere, it is peculiarly prevalent here; not only are vast tracts of culturable waste vaguely claimed by parties with doubtful title, but within the legitimate boundaries of many, even perhaps the majority of estates and villages throughout these provinces, there is a large proportion of culturable waste. Now, although the inducement held out by a permanent settlement to reclaim the waste is one of the cardinal benefits of that measure, still it is but fair to the State that this privilege should be kept within moderate bounds. It would be right to allow to every estate permanently settled a just margin of waste as a field for extending cultivation. But it would not be right to allow a permanent settlement to an estate which might include a large or indefinite area of waste, at present quite beyond the means of the owner to reclaim, but capable in the future of being rendered valuable by a variety of contingencies.

5. Thus in these provinces there are many estates and villages, many entire tracts, and some entire districts, where a permanent settlement could not at present be properly introduced. Such districts are Raepore, Belaspore, Sumbulpore, Sironcha, Bhundara, Mundla, Seonee, Chindwara, Baitool. All these districts are in a transition state; and influence will, it is hoped, be sooner or later brought to bear, which shall change the entire face of them.

6. On the other hand, there are some districts, in each of which a permanent settlement might be introduced into parts, but not the whole, with as much benefit and as much reason as into other parts of India. And into these the introduction of the measure has been recommended. These districts are Nagpore, Chandah, Natchengaon (Kowta), Jubbulpore, Saugor, Dumoh, Nursingpore, Hoshungabad, All these districts (excepting Saugor and Dumoh) have large portions of their area continuously and highly cultivated, and subject to the same kind of development as the rest of India. The Saugor and Dumoh districts are more rugged, and do not possess long strips of cultivation like those just named; but in other respects their position is the same. As regards past assessments, some have been too high and others too low; but this circumstance is not peculiar to these districts, and is but too common everywhere. On the other hand, for the Jubbulpore, Saugor, Dumoh, Nursingpore and Hoshungabad districts, there are the fiscal data year by year during 35 years of British rule. For the Nagpore, Natchengaon and Chandah, besides the British assessment, there are the data of the assessments made during the Regency exercised by Sir R. Jenkins and his officers.

7. Such being Mr. Temple's views on this question, I am further to state that he sees no reason why they should not be applied in the course of the settlement now in progress. The state and circumstances of the operations connected with that settlement were reported at some length in my No. 11* of 30th ultimo; it is, therefore, unnecessary to enter into great detail on this point. The Officiating Chief Commissioner would merely submit that, should his Excellency the Viceroy in Council be pleased to approve, firstly, the general principles of the question as above laid down; and secondly, the application of them at once to such of the districts in the Central Provinces as are advanced enough to receive them, then he would solicit that sanction be accorded to the following specific measures:

8. (1.) That, when in the course of the present settlement it shall appear to the authorities engaged in making the settlement that an estate is, in the sense explained above, fitted for a permanent settlement, in such estate the assessment be made in perpetuity.

9. (11.) That

9. (11.) That one of the chief conditions of fitness for this boon be, that at least three-fourths of the culturable area is under cultivation.

10. (III.) That it be competent for Settlement Officers to hold out a promise, in certain cases, that on estates attaining that advanced state in which threefourths of the land is under cultivation, a revised assessment be and declared permanent.

11. Thus, if a permanent assessment be really desired by the people, then this system would induce every landholder to increase his cultivation, so as to secure the boon, and thus the greatest possible stimulus might be imparted to agricultural industry.

No. 21.

EXTRACT, India Revenue Proceedings, September 1862.

(No. 50.)

From J. W. Robinson, Esq., for Secretary to the Landholders' and Commercial Association, to E. C. Bayley, Esq., Secretary to the Government of India; dated 23 September 1862.

I AM directed by the Committee of the Landholders' and Commercial Association to hand you the accompanying copy of a letter addressed to the Secretary of State for India, by the London Committee of this Association, on the subject of the sale of waste lands, and the redemption of the land tax. I shall be obliged by your laying this letter before his Excellency the Viceroy, who will observe from it how entirely the two Committees of the Association agree in their views upon the whole of these important questions, and I have to express the hope that, should opportunity hereafter offer, his Excellency may be induced to give his support to these views.

(No. 51.)

From W. F. Fergusson, Esq., Secretary to the Landholders' and Commercial Association, to the Right Honourable Sir Charles Wood, Bart., G. C. B., Her Majesty's Secretary of State for India; dated, 8 Craig's-court, Charing Cross, S. W., 1 August 1862.

I AM directed by the London Committee of the Landholders' and Commercial Association of British India, to express the surprise and regret with which they have perused the instructions recently sent out to the Governor General of India, respecting the sale of waste lands, the redemption of the land revenue, and the extension of the permanent settlement, and respectfully to submit the following observations on the subject:

The Committee regret that Her Majesty's Government cannot approve of the proposal Paras. 6, 7, 8, and 9. to fix an uniform price for all unassessed and unreclaimed lands throughout India, without reference to locality or situation, even with the reservation of special tracts, which the Government of India retained the power to make. The Committee believe that this power of reservation, coupled with the provision for putting up to public auction all lands for which there may be more than one applicant, would be sufficient for all practically useful purposes, and they fear that requiring the several Governments of India to fix a minimum price, suited to the circumstances of the various description of land in each district, would cause great delay and inconvenience, and lead to varying rules and practice in different parts of the country.

Sale of all waste lands by auction.

The Committee consider that to require that all the lands applied for should be put up to public auction, would operate most unjustly; for instance, a man may have expended means and time in acquiring knowledge of the suitableness of certain localities; he finds a spot and applies for it, but according to the proposed rule the fruit of his labour, outlay, and knowledge, may be wrested from him by another who has been laying by and watching his proceedings, or he will have to pay an exorbitant rate to Government to secure any benefit from his own unaided expenditure.

As to giving possession of unsurveyed lands on payment of the Collector's estimate of the cost of the survey.

You propose that possession shall not be given until after the survey, but the Committee have to point out that this again would involve great delay. There is no staff of surveyors available anywhere, as an instance of which the Committee beg to mention that, though in Cachar upwards of half a million sterling has been expended in tea plantations, not a single estate has been surveyed, notwithstanding the urgent representations and entreaties. of the grantees that it should be done.

Para. 10.

Para. 11.

Paras. 13,14, and 15.

Para. 16.

Para. 18.

Paras. 19,20, and 21.

The Committee do not object to all reasonable precautions in giving notice to any parties that may be interested; but to refuse to give possession until the land has been formally surveyed, would be to throw back all clearances for years.

The Committee are aware that legislative enactment would be necessary before claims to property in land, which has been allowed to lie dormant, could be barred, but they believe that such rights over waste lands are only of the most trifling value, and can be rarely established. At all events, they submit that it is a wise and politic measure in Government undertaking the adjustment of them, for otherwise they might be a source of much annoyance to the new proprietor.

The Committee doubt the statement that much land that is now, and has long been, waste and unclaimed, was formerly, and within no remote period populous and fully cultivated. Such may have been the case in lands overrun by hostile armies, and which are now under native rule; but in no part of the country which has come under the British dominion, do the Committee believe that rights to land have been allowed to lie dormant.

It appears to the Committee that the limitation by the Government of India "to ryotwarry land at the absolute disposal of Government," is sufficient to obviate all objections to the rule proposed by it.

The Committee do not lay stress on the proposal for reserving adjoining lands for grantees under certain conditions, they would prefer that the limitation as to the extent of the grant should be done away with, which would render this clause unnecessary. Commutation of existing grants.

The rules upon this subject, will, no doubt, require explanation and some modification, so as to meet fairly and equitably the conditions of the existing grants.

It does not appear just that the grantee who has expended capital and labour in clearing his grant, should have to pay double the price on the extent so cleared that the man who has done nothing to his grant would have to pay, and it will be felt as a great hardship and injustice if those who have acted as pioneers in the clearing and cultivation of jungle and waste cannot obtain the boon of holding the land in fee-simple, on at least as favourable terms as those who now propose to follow in their wake, and who will benefit by their experience.

The Committee, on behalf of the Association, are anxious that it should be made perfectly clear that the claims of Government, ceded under the grants, include only claims on account of land revenue. It is their interest that no one should be exempt from general taxes, or from local rates, and that all should bear a fair share of the public burdens.

Upon this section of the Despatch, the Committee would respectfully submit that simplicity and uniformity in the rules is a great object; that scattered as the waste lands are, there are no means for formal survey being rapidly executed; that from their very nature there are few, if any, inhabitants; and that in the parallel case of Ceylon, no difficulty has been found to arise from a fixed and uniform price.

The Committee would further take leave to point out that the withdrawal of the terms offered for the sale of waste lands by the Resolution of 17th October, would involve great confusion and possible loss to parties who have made arrangements on the faith of them for the sale, transfer, and cultivation of lands; that it would put a stop to arrangements which it is within the knowledge of the Committee are being made for the introduction of cotton planting on a considerable scale; and they submit that, under any circumstances, all the applications duly made for the purchase of waste lands, and for the commutation of existing grants in terms of the Resolution of 17th October, ought to be carried out.

The Committee observe with much satisfaction the decision of Her Majesty's Government, that a settlement in perpetuity of the Government claim upon land shall be made in every part of the country after a careful revision of the present assessment, in order that the rights of Government, and of others, may be fully and correctly estimated and ascertained.

The Committee believe that this is a measure of the greatest benefit and importance to the country, socially and politically, and that if accompanied with measures providing for the sub-division of estates, so that they may become the property of small holders, are the advantages expected, sooner or later, will be derived from it.

With respect to the redemption of the land revenue, the Committee beg respectfully to question the accuracy of the statement that this has been proposed and advocated with the object of promoting the settlement of Europeans in India. It would, no doubt, be an advantage to an absent proprietor to feel that his estate was not liable to irrecoverable forfeiture, as at present, by the failure or neglect of his agent to pay up the claim of Government on a certain day; such a penalty must always prevent Europeans from permanently investing in land; but if the right were conceded, the Committee are convinced that it would be more largely availed of by natives than by European landholders, so soon as the former were satisfied of the good faith of the proposal.

In proof of this, the Committee would refer to the avidity and the very high rates at which lakhraj or rent-free lands are sought for, and bought up, and they feel assured that the privilege of holding land free from all interference of Government would be valued and paid for at even higher rates than were proposed whenever confidence in the stability of the English rule was felt, and the people considered it certain that a re-assessment would not take place, and that the land would really be free from further claims on account of land revenue.

The Committee would, therefore, respectfully request that the Resolution of the Governor
General

General of India in Council, of 17th October last, may be permitted to stand, as regards the redemption of the land revenue, in the permanently settled part of Bengal, to the extent of 10 per cent. of the revenue in each district, and for the limited period of five years, as originally proposed, but with the modification as to the price of redemption ordered in your 75th paragraph.

The Committee again urge that the Resolution of 17th October, as to the sale of waste lands, may be permitted to stand with such modification as to the terms of commutation of existing grants as may be fair and just, and they express their belief that it is only by these rules being confirmed, that the opportunity will be given, and the experiment fairly tried, as to whether cotton, tea, coffee, &c. can be produced to such an extent, and of such a quality as to render England independent of foreign countries for a supply of these and other valuable staples.

(No. 52.)

From E. C. Bayley, Esq., Secretary to the Government of India, to S. M. Robinson, Esq., Secretary to the Landholders' and Commercial Association (No 5262), dated 27 September 1862.

I AM directed by the Governor General in Council to acknowledge the receipt of your letter dated the 23d instant, enclosing copy of a communication addressed to the Secretary of State for India by the London Committee of the Landholders' and Commercial Association on the subject of the sale of waste lands and the redemption of the land tax.

No. 22.

EXTRACT India Foreign Revenue Proceedings, January 1863.

(No. 6.)

From Captain H. Mackenzie, Secretary to Chief Commissioner, Central Provinces, to Colonel H. M. Durand, c. B., Secretary to the Government of India, Foreign Department (No. 38), dated Head Quarters, Nagpore, 8 October 1862.

WITH reference to your No. 490, of 3d ultimo, I am now to submit a further statement of the views of the Officiating Chief Commissioner on the subject of the introduction of a permanent settlement into the Central Provinces after an attentive consideration of the Despatch from the Secretary of State (No. 14), of 19th July last, forwarded with your No. 480, of 30th August.

2. In letter from this office (No. 532), of 22d July last, and in the revenue chapter of his Administration Report, recently submitted, the Officiating Chief Commissioner advocated the measure at some length. But so far as that advocacy relates to the general principle of the measure, a recapitulation of the arguments then made use of is now unnecessary, inasmuch as, after a discussion of the various views which have been from time to time expressed on the subject. Her Majesty's Government have, in the 58th and 63rd paragraphs of the Secretary of State's Despatch, finally affirmed the principle, and ordered its application wherever "the conditions absolutely required as preliminary to such a measure are or may be hereafter fulfilled." It therefore only remains to reexamine whether those conditions are fulfilled in any parts of these Provinces. 3. The conditions which are laid down as essential, may be thus stated :—

First. That there shall be available, for the purpose of determining whether a given tract be in a mature state for the permanent limitation of the land assessment, those data which are derivable from a revenue survey of the land.

Second. That the assessments of land revenue shall have had sufficient trial to admit of the discovery of the defects which may always be presumed

1. Raepore. 2. Belaspore,

3. Sumbulpore.

to have remained undiscovered at the time of survey assessment, such defects being defined as

1st. Over-assessment.

2d. Inadequate assessment, whether positive, in respect to its incidence per cultivated acre, or relative, in reference to the excessive amount of culturable, but uncultivated land in the assessed area.

3d. Unequal distribution of assessment.

4. The Officiating Chief Commissioner previously stated that there were certain districts in the Central Provinces, noted in the margin, which cannot be considered to be in a fit state for the introduc

3. Wurda (Nack- tion; and, on the other hand, certain others, marginally entered, in each of which a permanent settlement might, in Mr. Temple's Godavery Dis- 4. Jubbulpore. opinion, be partially introduced. The grounds for that opinion

4. Sironcha (Upper

5. Bhundara.

6. Mundla. 7. Seonee.

8. Chindwarra. 9. Baitool.

.

were then stated but briefly. I am now to enter more fully into

7. Nursingpoor. the circumstances of each district or tract, testing them by the

8. Hoshungabad. above conditions, on the fulfilment of which alone it would now be proper to recommend that a permanent settlement be conceded.

5. Out of the eight districts above mentioned, five, viz., Jubbulpoor, Saugor, Dumoh, Nursingpoor, and Hoshungabad, have passed through a 20 years' settlement, which expired in 1855-56. It was not based on a professional survey, but it worked fairly. It is now being revised on the basis of a professional survey. The operations were commenced, and the establishments organised under the Government of the North Western Provinces, and it may be hoped that the present settlement will not be inferior to that of the North Western Provinces; and the fiscal arrangements (though differing in respect of tenure) should be similar, at least in respect of efficiency.

6. In paragraph 50 of the Secretary of State's Despatch, Sir Thomas Munro's opinion is quoted, to the effect "that after a survey assessment has been completed with as much care as possible, a trial should be always made of it for six or seven years, in order that all defects in the assessment be discovered." It may, however, be presumed that this advocacy of six or seven years' delay has reference chiefly to tracts of country in which, previous to the survey assessment, there may have been assessments only of a very summary character. The essence of Sir Thomas Munro's opinion lies in the "discovery of defects." The question, therefore, in regard to these five districts, would appear to be, whether, when the present revision of assessment upon the basis of a professional survey shall have been completed, there will be grounds for assuming that all essential defects have been discovered and removed. It appears to Mr. Temple that this question may be answered in the affirmative; for, first, in regard to the defect of "over-assessment," proceeding on the experience of a 20 years' settlement, and with the aid of a professional survey, there will be few estates of which it may not be safely affirmed, without further trial, that their assessment is as good as that of the estates of any province in India; secondly, as regards the defect of "inadequate assessment," the same means which will enable the Settlement Officers to avoid over-assessment, will also enable them to avoid positive inadequacy of rates on the cultivated area. And relative inadequacy of assessment in view of the possible inclusion of an excessive amount of uncultivated land within the whole area of an estate will be prevented, firstly, by the measures which Mr. Temple discussed in the 189th paragraph of his Administration Report; viz., the separation from the nominal limits of estates of tracts of excessive waste, and the consequent circumscription of private property in land to actual occupancies, whether cultivated or otherwise; and, secondly, by the rule which was proposed in the 10th paragraph of this office letter, No. 532, of 22d July, that permanent settlement should only be conceded when the cultivation should equal three-fourths of the whole assessed area. Again, in respect to the 3rd cardinal defect, viz., " unequal distribution of the assessment," presuming that by this is meant unequal pressure of assessment on estates, and not the distribution of the assessment upon each estate among the holdings of the several co-parceners; Mr. Temple would here again

observe