Schedule I

SCHEDULES.
FIRST SCHEDULE.
(See section 3.)
I.
From C. BEADON, ESQ., Secretary to the Government of India, Foreign Department, to
C.J. WINGFIELD, ESQ., Chief Commissioner of Oudh, (No. 6268, dated 10th October 1859.)
No. 1091, dated the 4th June and No. 1377, dated the 15th July. — I AM directed by the Governor
General in Council to acknowledge the receipt of your Secretary's letters noted in the margin, relative to
the Taluqdárí settlement of Oudh.
2. His Excellency in Council, agreeing with, you as to the expediency of removing all doubts as to the
intention of the Government to maintain the Taluqdárs in possession of the taluqas for which they have
been permitted to engage, is pleased to declare that every Taluqdár with whom a summary settlement has
been made since the re-occupation of the province, has thereby acquired a permanent hereditary and
transferable proprietary right, viz., in the taluqa for which he has engaged, including the perpetual
privilege of engaging with the Government for the revenue of the taluqa.
3. This right is, however, conceded, subject to any measure which the Government may think proper
to take for the purpose of protecting the inferior Zamíndárs and village occupants from extortion, and of
upholding their rights in the soil in subordination to the Taluqdárs.
4. The Governor General in Council desires that you will have ready, by His Excellency's arrival at
Lucknow, a list of the Taluqdárs upon whom a permanent proprietary right has now been conferred; and
that you will prepare sanads to be issued to these Taluqdárs at that time. The sanads will be given by, and
will ran in the name of, the Chief Commissioner, acting under the authority of the Governor General.
5. I am directed to add that, as regards Zamíndárs and others, not being Taluqdárs, with whom a
summary settlement has been made, the orders conveyed in the limitation Circular No. 31 of the 28th of
January 1859, must not be strictly observed. Opportunity must be allowed at the next settlement to all
disappointed claimants to bring forward their claims, and all such claims must be heard and disposed of in
the usual manner.
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II.
From C. BEADON, ESQ., Secretary to the Government of India, Foreign Department, with the Governor
General, to Chief Commissioner, Oudh, (No. 23, dated 19th October 1859).
I am directed by His Excellency the Governor General to acknowledge the receipt of your demi-
official letter of the 15th instant, enclosing a form of sanad to be given to the Taluqdárs of Oudh, granting
them a full and permanent proprietary right in the taluqas for which they have severally been permitted to
engage at the summary settlement.
2. This form of sanad is generally approved, and a revised copy, with some few alterations, is herewith
enclosed for adoption and for careful translation into the Hindustani language, in which the sanads will be
prepared.
3. The sanads declare that while, on the one hand, the Government has conferred on the Taluqdárs and
on their heirs for ever the full proprietary right in their, respective estates, subject only to the payment of
the annual revenue that may be imposed from time to time, and to certain conditions of loyalty and good
service, on the other hand, all persons holding an interest in the land under the Taluqdárs will be secured
in the possession of the subordinate rights which they have heretofore enjoyed.
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4. The meaning of this is that, when a regular settlement of the province is made, wherever it is found
that Zamíndárs or other persons have held an interest in the soil intermediate between the ryot and the
Taluqdár, the amount or proportion payable by the intermediate holder to the Taluqdár; and the net jama
finally payable by the Taluqdár to the Government, will he fixed and recorded after careful and detailed
survey and inquiry into each case, and will remain unchanged during the currency of the settlement, the
Taluqdár being, of course, free to improve his income and the value of his property by the reclamation of
waste lands (unless in cases where usage has given the liberty of reclamation to the Zamindar), and by
other measures of which he will receive the full benefit at the end of the settlement. Where leases (pattás)
are given to the subordinate Zamíndárs, they will be given by the Taluqdár, not by the Government.
5. This being the position in which the Taluqdárs will be placed, they cannot, with any show of reason,
complain if the Government takes effectual steps to re-establish and maintain in subordination to them the
former rights, as those existed in 1855, of other persons whose connexion with the soil is in many cases
more intimate and more ancient than theirs; and it is obvious that the only effectual protection which the
Government can extend to these inferior holders, is to define and record their rights and to limit the
demand of the Taluqdár as against such person during the currency of the settlement to the amount fixed
by the Government as the basis of its own revenue demand.
6. What the duration of the settlement shall be, and what proportion of the rent shall be allowed in
each case to Zamíndárs and Taluqdárs, are questions to be determined at the time of settlement.
The Governor General agrees in your observation that it is a bad principle to create two classes of
recognized proprietors in one estate, and it is likely to lead to the alienation of a larger proportion of the
land revenue than if there were only one such class. But whilst the taluqdárí tenure, notwithstanding this
drawback, is about to be recognized and re-established, because it is consonant with the feelings and
traditions of the whole people of Oudh, the zamíndári tenure intermediate between the tenures of the
Taluqdár and the ryot is not a new creation, and it is a tenure which, in the opinion of the Governor
General, must be protected.

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