Applicability of Rule of kam-o-besh

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.