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The Bengal Land-Revenue Sales Act, 1859

Act 11 of 1859

Keyword(s): Improve the Law, Sale of Land, Arrear of Land Revenue Amendment appended: 3 of 1862

The Bengal Lund-rever~ue Sales Acr, 1859.

[Act XI of 1859.]

37. Rigbls of purchascr of per~rranenlly-seltled eslate sold for iLs own anears. Ptov iso.

c 38. Regislralion of certnin tcnum and farms. 39. Common and special rcgisuy. 40. AppIication for registry. 41. Procedure on appljcaLion for common registq. 42. Procedure on applicauon for special rcgislry.

43. Regisuation of leases of certain lands. 44. Regismtion of old tenures.

hoviso. 45. (Repealed.) ' .

46. Expenses of rneasuremenl, survey or local inquiry. 47. Civil Court not compeient lo order c n v in special registcr. 48. Suit for cancelmenr of regislry of lcnurc or farm. 49. Rmeedings of Revenuc-authorities in registrarion nf tenures, em 50. Effecl of cntq in speial regisrer. 51. Protection of talukdari lenures pedng inquiry, in case of sale of parent e s h t e for

arrem of revenue. 52. Rights of purchaser of eslale no1 perntanentIy seWed, sold for i ls own mm. 53. Rights of purchaser being sharer i n alate;

and of purchascr of mute not sold lor i ts awn areas. 54. Righrs of purchasers of shares of estate. 55. Rccovcry of arrears due to defaullers. 56. Punishment for contempl. 57. Dcfault as to deposit a contempt. 58. Govemmcnt may putchase at sale. 59. (RepeaJed.l 60. Regulations W, 1822, and IX, 1825, in force in certain eslates. 61. InterpreraLion. 62. Application of Act.

Schcdule A.-4er l i f lcaW of sale. ScheduIe B.+Repealed)

Act XI of 1859 (The Bengal Land-revenue Sales Act, 1859.)'

Ben. Act Ill of 1862. Bcn. Act VII al 1868.

S C ' P P L E M ~ ... ... ... Ben. Act I of 1895. Ben. Act IIl of 1913.

$

SHORT Trru Grvw ... ... Acl I of 1903.

[ Act )(JV of 1870.

REPLEAIED TN PART ... ... Acl XII of 1891. Bcn. Act Ill of 1862. Ben. Act Ill of 1881. West Ben. Act WI of 1950.

[ Ben. Act I of 1939.

AMENDED ... ... ... Ben. Act VU of 1942. Ben. Act il of 1943.

[ Act I of 1903.

REPEALED IN PART AND AMENDED Act TV of 1914. Ben. Act VLI of 1868.

[ (a) The Govemmcnt of India

(Adapralion of Indian Laws) ... ... ... Order, 1937.

(b) The Adapiation of Laws Order, 1950. -

(4rh Ma): 1859.)

An Act to in~prove rhe lrnv relating ro sales oJ land for amears of rwerrrre in the Lower Province5 finder !he Bnigal Presidenq.

[WHERUS it is expedient to disconrinzre the pracrice of -blc. obtaillirlg dre previous sancrior~ of the Board of Revenue 10 sales of

estate5 for arrears of revenue, or other denrands 01 Govemmetrt, irr the provitrce of Cuttack;]

AND WHEREAS it i s just that a person having a licn upon an estate, and paying the money necessary to prorect it from sale for arrears of rcvenue, should be reasonably secured;

AND WHEREAS il is expedient to diord sharers in eslates, who duly pay thcjr shares of Ihe ~ a d a r janza of their estates, easy means of prolaling heir shares From sale by rcason of lhc delault of their co- sharers:

'SIIORT m.-This shon [illc was givcn by the Anicnding Act, 1903 (I or 1903). I- Enmf.-This Act w x p;usscd Tor h c wholc of hc fonncr Province of

Bcngd-sce the litlc and rhc concluding pnmgnph of s. I. but was &lmd by s. 62 lo cxtend only 10 such puts of thx Province as ul: subjccl 10 ~ h c g c n c d Regulations.

It has k n dcclmd, by the L ~ W S h a 1 Exlcnr Acl, 1874 (XV 01 1874), s. 6, lo b: in torcc rhmughout thc rorrncr Province of Bcngal, czccpl rn ~?gw& thc Schcdulcd Districrs,

I t has k n dcc lmd , by norifiwtion undcr fhc SchcduIcd Disuicls Act. 1874 (XIV of 1874). s. 3. to L in forcc in Wesl Jdpiguri, i n Lhc Idpiguri districl.

[I hx b a n cxtcndcd, by notincaiion undcr thc Schdulcd Dislricrs Acr. 1874 (XIV or 1874). s. 5 . to rhc following Scheduled Disrricls. nmcly :-

tht Wcricrn D u m , in ~ h c Jalpiguri distric~: md Ihc Dwjmling districr

[Act XI

AND WHEREAS it is cxpedien~ b afford landholders, partjcularly absenrccs, facilities in -guarding against thc accidental salc of their esta1~5 for amam of rcvcrlue by reason OF Lhe ncslcct or fraud of [hcir agents;

and il is rhereforc proper, for h e above and other purposes, Lo improvc UIG law relating lo sales of Iand for anears of rcvcnuc in the Provinces of Bengal, [Bilror alrd Orissa;]

I, [ b l l ' ~ repealed. ]-Rep, by f!ir R e p e a l i ~ ~ ~ Acl. 1870 (XIV of 18 70.)

"AW a i rcv~nuc" 2. U a c whdc or a porlion of a Lis~ or insulrnenl of any month defincd. oF Ihc cra according to which h e scllernent and kisl-bar~di of any

nrolrol have been regulated bc unpaid on Uit: firs1 ot' the following monfh of such era. Lhe sum so remaining unpaid shall bc considered an m~ar of revcnuc.

Larcst day UT 3, Upon lhc promulgarion or lhis Acl the Board of Rcvcnue ar piymcnt. Calcurra st~all delermine upon whal dates all arrcars of revcnuc and all

demands which, by he Regulations and Acts in force, are dircctcd to be realised in Ihc same rnmrrer a arrears of re'venuc, shall be paid up in cach dislric~ undcr hcir jurisdiciion. in default of which payrnt.n[ the wralcs in mear in hosc dislricts, exccpl as hercin&cr provided, shall k s d d at plrblic auction to h e highesl biddcr.

And che said Board shal give nolice of thc dares so fixcd in h e Oficinl Gazette, and shdl di~ect corresponding publicalion lo be made, as far as regards each distric~ jn [he languag~ of rhal disrricl, in Ihc office of Ihe CoIiector or orher officer duly authorized to hold sda under his Act, in the Courts of hc Judge. Magistrate Car Joint Magis- rralc. ax thc case rwy be,) and Munsljcs, and at cvcry rlratla-station of lhat diskkt;

and h e dalc~ SO fi~d shall nor be chagcd excepL by rhc said Board by advcnisernent and notification in the manner above dcscribcd, lo bc issued at Icast b e monhs befort the closc of Ihc of6cial year preccliing in which lhe ncw date is, or dates arc, lo lake effect.

4. [ill $jll~c[, persvtraI property of defo~r~rers n t q in die firs^ irlrlarrce be distraitred and sddj-Rep. by the A t ~ r e ~ l d i n ~ Act. 1891 (XI1 of 1891).

PrcamWc bcg i~ ing w i ~ h "and whcrcs i t i s fxpAicrir ro provide Ihc voluntay rcgrsrnlion of dcrndcn~ roluh" and cnding wilh "hcld a1 rcnrs sulficicnr lor lhc sccuriry of the rcvcnue:" wem orniitcd by s. 3 of rhc Ben@ h d - r c v t n u c Sdcs (Wcsl Bcngol Amcndmcnr) ACI. 1950 ( W a l Bcn. Act VI I of 1950).

The Betrgal Larzd-re~enue Sales Act, 1859. 323

. 5. Provided always that no eshte, and no sharc or interest in Proviso x 10

any male, shall be sold for thc rccovcry of arrears or dcrnands of h e ccflni"

dcrcriplions rnen~ioned below, olherwire than after a nolificalion, in hc t~z2~ language of Ihc dislrict, specifying Ihc naturc and amount of h c arrear or dcrnand, and he latest dale on which payment- thcreof shall be racivcd, shall have been afixed, for a period of no1 less than fifieen clear days prcccding he dale fixed for payrnenl according to scclion 3 of h s Act,

in the office ol h c Collector, or other oificcr duly authorized lo hold salm under this Acl,

in thc Court of the Judgc within whose jurisdiclion Ihc land advcrliscd' lia, and

in he Mtrrrs$s Court and police-h11arra of Ihc division in which h c esrate or share of an eslale to which h e notification rclates is siluated, or, if h e eslarc or sharc of an eslale bc siluatcd wirhin h e jurisdicrion of mom than one Mrrnsfs Courl or policc-lfzm~a, in some one or more of such Coum or r/iurzas, and

also at h e curclrerv of h e nzalguzar or owner of the estate or sharc: of an cslnre, or a! some conspicuous place upon the cslalc or sharc of an eslale, the same to be certified by he peon or other person crnployed for he purpose.

Firsr.-Arrcm oher than (hose of h e cuirenl year,' or of h e ycar irnmedialely preceding.

Seco~rd1y.-hears due on accounl of eslates other than that to bc soId.

Thirdly,-Arrears of cslales under alhchrnenl by order of any judicial aulhority, or managcd by h e Collector in accordance with such order.

Forirr11ly.-Arrears duc on accounl of takavi, prrlbandi, or oher demands not being land-revenue, but recoverable by thc same process as arrcars of land-revenue.

6. The Collector or other officcr duly authoriixd to hold sales Issuc or

underthisAcrshall,~smn~possiblcalrerchelatestdayofpaymen~ nolifiC~liOns

fixcd in Lhc manner prescribed in scclion 3 of this Act, issuc nolifica- 01 S ~ C .

tions, in Lhc language of [hc dislric~, to be affixed in his own ofhcc and in h c Coun of thc Judge of thc district, specifying h e eslaics or sham of cstatcs which will be sold as aforesaid, and h e day on which rhc sdc of thc same will commence, which day shalI not be less than '[thirty] I* * * clcar days from thc datc of affixing h e noLification in

thc officc of thc Collector or othcr ofliccr w, aforesaid.

'This word wm subslirutrd Tar ihc word "fificcn" by s. 3 of hc Bcngal Lmd- rcvenuc Sales Aci. 186B (Hen, Act VI1 or t868).

'Thc words "or morc than Ihifly" wcrc repcalcd. ibid.

324 The Ben@ hrrd-revenue Sales Act. 1859.

[Act XI I

And, if h e Govcmmen~ rcvenuc of any eslak ar share of an cstate to be sold exceed ac sun1 ui f ivc hundred rupces, a norification of the salc of such c$lale or sharc of an esratc shall be published in h e Oficfal Gazerre,

' [ n c Colleclor or other oAcer duly aulhorised to hold sates, shall also issuc notice of sale by regisrered p ~ s l in lhc name of h e recorded propriclors of Ihc atatc, and in c s c heir nurnbcr bc more than five, in Ihe name of a~ l a s t l ive of ihe biggest recordcd sharchold- en informing them of h c parricuIars of sale. Such nolice shall be issued sirnullaneousIy with, or as soon as may be afrcr, Lhe issue of [he nolilicatiun rcfemcd lo above. If Lhe salc does not lake place h e cosL of such rcgistercd nolices shall be payable by h e defaullcn within fiAcen days d b e date on which rhc sale was [o lake place and if it is nor paid within b a t period, it shdl bc rcaliscrl from thc deiaullers by any prmas aulhorised for rcalising an arrear of public rcvcnue.

No sale s h d l lake place until thc officer conducting rhe sale has salisiied himself that h e noiificalion of sale h z bcen duly published and Lhe notices of salt have been scnl lo proprielors by registered pwl bul tht omission l o serve such nnticc on any proprietor or any dcrwl in the service a€ any such notice s.hll not by i(se1f be a ground for the annulment of a sale under this Act.]

Excepr as hereinafter provided, all estates or shares of estates so specified shall, on rhe day notified for sde, or on the day or days followjng, bc put up to public auction by and in hc prescnce of h e Collt;clor or oher officer as aforesaid and shdill be sold Lo the highesr biddcr.

Tcndcr dr.:r And no payment or tcndcr of paymcnl, made afrer sunsel of l h e latcsl day ol pymcnt

said latest day of payrnenl, shall bar or inlerfcre with Lhe sale, cithcr no1 to slop d c . a1 the rime OF sale or after irs conclusion.

~ai;c LO 7. Whentver an esrate or share of an es~ate is naiificd for sale raiyars, CIC.

as provided by section 6 of his Act, lhe Colleclor or other oFficer as aforesaid shall affix a proclamarion. in h e languagc of lhc dislricl,

in his own office, and as soon hemailer as may bc in h c Mrrtufs Cnuns and police-rharrar wilhin which hc eslalc or sharc of an cstate, or any part of i t , is situated, and also a1 the c~rrcherv of ihc nralgtrmr or fl~c owncr of rhe cstzrc or s h m of an estate, or at some conspicuous place upon the &late or share of an estale,

forbidding the raiyrs and undcr-renanrs 10 pay to the defaulting proprietor any rent which has fallen due d ~ e r thc day f i x d for b e I s [ day of payment, on pain of not being cntillcd 10 crcdit in their accounts wilh thc purchser for my sums so paid.

-. 'Inscncd by s. 2 of [he Bcngal Land-rcvcnuc S d u (Arncndmcnr) Act, 1913

[Bcn Aci II of 1943).

The Bellgal Land-revetlue Soles Acf, 1859.

of 1859. ]

(Sections 8, 9.1

8, No claim lo abatemcnl or remission of revcnue, unless Ihc b;sarne shall havc bccn allowed by thc authorily of '[Lhc Slate Govern-

mcnt], and no private demand or cause of action wha~ever, hcld or supposcd to bt held by any deiaultcr againsl I[rhc GovcrnmenlJ, shall bar or render void or voidablc a sale undcr this ACI; nor shaH thc pIea l h a ~ money bclon~ing to thc derauller, and su~ficicnl to pay (he arrcar of revenue due, was in Lhe Collector's hand bar or rcndcr void or voidable a sale under this Act, unless such money srand in the dcfaull- er's name alone and wilhout dispurc, and unless, aftcr application in duc lime made by [hc defaulter, Or aitcr Ihc wrilten agrecmcnt provided for i n section 15 of h i s Act, the Collector shall have neglecled, or refused on insufficient grounds to mnsfer it in payrncnl of h e arrear of rcvcnuc due.

9. Thc Colleclor or othcr officcr as aforesaid shall, at any lime bcfore sunsel of he lalcsl day of payrncnl dclcrmined according to scdion 3 OF his Acr, rcceivc as a deposit from any pcrson not being a proprietor of thc atale or sharer of an esrale in a r m , (hc mounl of [he arrear of revcnuc due to be credilcd in paymcnl 01 lhc arrcar at sunscr as aforesaid, unless bcfore h a t time thc arrcar shall havc bccn paid by n dcfaulung proprielor of h e eslale.

And in case Lhc pcrson so deposiling, whosc money shall havc been credilcd in h e manner aforesaid, shall be a parly in a suit pending before a Courl of Juslice for h e possession of Ihc eslale or sharc from which h e arrear is due or any pal Ihereof, it shall bc competenl to h e saii Coun to order lhc said pany to bc pur into temporary possession of h e said esrale or sharc, or pan thereof, subjccl to the rules in force for taking smuriry in h e cascs of parries in civil suils.

And if the person so dcpositing, whose money shall havc been crcdircd as aforesaid, shall prove bcfore a compctcnr Civil Courl that thc dcposir was made in order lo prolccl an inleres~ of Ihe said person, which would have been endangered or damagcd by the sale, or which he believed in good faith would havc been endangcrcd or damaged by thc snlc, hc shall bc enhrled lo recover the amouni of the dcposir, w i h or without intcrcs~ as h e Court may delcrminc, from thc deiaulling proprietor.

And if thc p a y so depositing, whosc money shall havc bcen crcditcd as aforesaid, shall prove before such a Coun h a t the deposit was necessary in order to prorccr any lien he had on [he cstalc or share or part rhcrmf, h e amount so credited shall be addcd to h e amount of lhc original Iicn.

Claims of dcfzultcr- aginsl Govcrnmenr not lo invalidale snlc.

l k p o s i l s wcciv~blc fmnl pcrsons not p m p r i c ~ o ~ .

- - -

'The words "he Pmvincid Govtrnrncnt" wcre subslituled for thc word "Gov- cmment" by p m . 3 wd Lhc 1st Sch, of thc Govemmcnt of India (Adaptation of Indian Lnws) Ordcr. 1937, and rhc word "Srarc" w s substitured for h c word "Provincial" by pmgnph J I I ) of Ihc Adaplalion o f l a w s Order. 1950.

mc words "lhc Crown" wcrc substicutcd Tor h c word "thc Govcmmcn~" by p a x 3 and rhc 1st Sch. of thc Govcmment or India (Adaplalion ~f Indim Laws) Ordcr, 1937, and thc word "Govcmmenr" WE, substiturcd for thc word "Crown" by pmgnph 4(1) of the Advialion or Laws Order, 1950.

Scpm~ion of s 5 m s hcld in common. by cpning scpmtc zccount.

Scpmtion of s h v u consisrrng or spccific paiiahs o€ land. by opening scpmtc Jccounk.

If objcclion Iw mndc. p a l i e s lo k wicrred to Civil Cwn.

The Betrgal Lnnd-revenue Sales ACI, 3859.

[Act XI

10. When a rccordcd sharer oi joinr wlatc, hcld i n common tenancy, desires ta pay his share of thc Government revenue sepamlely, he may submit lo the Collecror a wri l ien application 10 rhai erfwt.

The applicalion must conlain a specification of the share held in lhe cslarc by h e applicanr.

The Collector shall then cause lo be published in his own oifice, in the Court o i h c Judge, Magistrate (or Joint-Magistrate as h c casc may bc), and Mrrrrsifs. and in We policc-tltanar in whose jurisdiction hc eslale or any parl rhercof is sirualcd, as well as on some C O ~ S ~ ~ C U O U S

part of the eslare ilself, P copy of the applicalion madc lo him. if, within six weeks from the dare of the publicdon of hese

notices, no abjection is made by any other recordcd sharer, the Collcc- lor shall opcn a separarc account wilh the applicant, and shall crcdir separately lo his share all paymenis made by him on account of i t . The datc on which the Colleclor records his sanction lo the opening of a . separarc account shdl fx hsld ro be thal from which the separate liabililics UT the shwe of Lhc app!icml commence.

1l.When a recordcd sharcr oi a joint-cstatc, whosc s h e corl- sists of a spccific partion of the land of the csralc, dcsires to pay his sharc of thc Government rcvenue separarel), hc may submil to he CollecI~r a wrilten application to rhal eKeci. 'lhe applicalion must contain a specificauon of rhc land comprised in his share, and of the boundaries and cxccnt hcreof, rogerher w i h a slalement of the mount of ~udar jams hereroforc paid on accounl of it.

On rhe receipt of this apptication rl~c Callcctor shall cause i l to be published in he manner prescribed for publicarion of notice in ahe Iasl preceding section.

In h e went of no objccion king urged by any recorded c e sharer wilhin six weeks from h e time of publicatinn, rhc Collector shall open a scparate zccounl wilh h e appIicanL and credit scparalely ro his sharc all payments made by him on accwnr of if.

The dale on which [he Collector records his sanction to rhc opening of a separalc account shaIl IE hcld ro be Lha~ from which rhc scpmte ljabilitics of h c share OF h c applicant commence.

12. If any rccorded proprietor of the esrare, wheher the sarnc be held in common tenancy or olherwise, objec~ that (he applicanl has no righl to the s h m claimed by him, or that his intcresl in rhe estate is less ur other h a n that claimed by him, or i f Lhc application be in respect or a specific ponion of rhc land of an eslate, thal the amount o€ sr7d~r;a)tl~ stated- by ihe applicanr to have becn heretofore paid on accounr of such portion of land is not h e dnount whch has k e n recognized by rhe other sharers as the janro thcwf, *c Collc~tur shdl refcr the partics lo the Civil Coun and shdl suspcnd proceedings unlil thc qualion a( issue is judicially dercrmined.

The Bengal htrd-revenue Sales Acr, 1859. 327

of 1859. ]

13. Whenevcr the Collcctor shall have ordcred a separatc account or accounts to be kcpt for onc or more shares, if h e estate shall liecome IiabIe 10 sale for arrears of revenuc, the Collcctor or orhcr officer m aforesaid in the first placc shall put up ro sale only h a t sham or those shares of rhc estate fmm which according 10 h e separatc accounts, an amcar of revcnue may be due.

In all such cases noricc of he inlcntion of cxcluding rhc share or shares from which no arrear is due shall be given in the adverlise- men1 of sale prcscribed in scc~ion 6 or this Act. Thc share or shares sold, logethcr with he share or shares excludcd from rhc sale, shall continue to cons!hu~e onc integral cstate, the share or shares sold bcing charged with h e scparate podon, or h e aggregale or lhe several sep- arale pohons, of janra assigned therelo.

14. If in any case of a salc held according to thc provisions of . h e last preceding section (he highcsl offer for hc share exposed 10 salc

shall no1 cqual he amounl of arrcar due hercupon lo thc dale of sale, the Collccror or other officcr as aforesaid shall slop the salc, and shall declare that Ihc entire csiate will bc put up ID sale Tor arrears of revcnue a1 a future date, unlcss the othcr recordcd sharer or sharers, or onc or more o[ hem. shall within ten days purchase h e share in arrcar by paying 10 '[hc Slate Govcmment] Lhc whole arrcar duc rrom such share.

If such purchase bc completed, h e Collector or oher officer as aforesaid shall givc such cerlificale and dclivery of possession as are provided for in sections 28 and 29 OF this Acr to the purchaser or purchasers, who shall have the same righw as if he share had bcen purchased by him or lhcm at h e salc.

1r no such purchase bc made wiihin ten days as aforesaid, the enlire cslate shall be sold, after nolificaljon for such period and pub- licalion in such manner as is prcscribed in seclion 6 of his Act.

15. If any recordcd propridor or co-panncr of an eslatc shall deposit with Ihc Collcctor money, or Government securilics endorsed and madc payable to h c order of rhc Collector and shalI sign an agreement pledging rhc same =lie the Stale Govemmenk] by way or sccurily for the janra of h e cntire estalc, and aurhorizing the Collector 10 apply to h e paymen1 of any arrcar of revenuc that may become due from that cstale the whale or any porlion of h e said money or securilies h a t may bc necessary for that purpose, hen in h e case of any arrcar of revenue due from Lhc said estale not being paid before sunser of the lates~ day of payment f i e d undcr section 3 of h i s Act the Collecior shall apply to the payment of such arrcar h e said money or sccuriucs, or such parl thereof or of any interesl due on mc said

Entin: mlale may h sold undcr ckrldn conditions.

Dcposil Tor protcclion of wia1e from SAC.

'See tool-nolc I on pagc 325. a ~ c . T h e words "lo the Provincial Govcmmenl" wcrc substiiurcd for fhc words

"lo Governmtnt" by pan . 3 and thc 1st Sch, or the Govcrnrncnl o f India (Adapbtion of Indian h w s ) O r d ~ , 1937. and rhc word "Stmc" was subsqucn~ly subslilu!cd Tor Ihc word "Provincial" by pmgnph 4(1) 01 rhc Adaplation of Laws Ordcr. 1950.

Wilhdnwal 01 dcposit.

k13k

under atwchmcnr.

Power l o cxcmpr from satc.

Proviso,

The Bengal Lond-revenue Sales Act, 1189.

[Act XI

sccuriljes, as may be necessary; and for his purpose Lhc Colleclor shdl firs1 apply any moncy that may bc in his hands and any interesr Lhal may be due upon such securilics, and may then sell and transfer h c securities for any balmcc that may remain.

And so long as my moncy or securilies as aforesaid, suffficient lo cover any anear h a 1 may fall due, shall rcmain and bc available as aforcsaid, h e estate for the pr~tcction of which the said dcposit was made shall bc cxempted from salc for arrears of revenue.

All moneys and securi~ics so deposited shal1 be eiernpr From attachment otherwjse than in cxecution of a decree of a Civil Court.

16. It shall be competent ro h e person making a deposit under he provision of h e 1x1 preceding section, or his representalive or assignee, at any time, lo wilhdraw the deposit and lo revokc the pledge of the same.

17. '* 1 * * * * * no cstate held under attachment by the Revenue-auhorilics olherwise rhan by order of a judicial author- ily shall bc liable to salc for arrears accuring whilst it was so held under atlachmenl.

And no cslate held under atlachment or managed by a Rcvcnue- officcr, in pursuance of an order of a judicial aulhorily, shall bc liable lo sale for thc rccovery of arr& of revenuc accruing during the period of such alrachment or management until dtcr the end of the year in which such arrears accrued.

18. IL shall bc compelcnl to he Colleclor or other officer as aforesaid, at any timc before Ihc sale of an cstate or sham of an eslale shall havc commenced, to exempl such eslatc or share from sale; and in like rnanncr it shalI bc compelcnt to he Commjssioner of Rcvcnue, ar any lime bcfore he salc of an estalc or sham of an estate shall have commenced, to exempi such estate or share from sale, by a spccial order lo rhc Colleclor or other officcr as aforesaid to h a t effect in each case; and no such salc shall bc Icgd if held after he reccipl of such order of exernpuon :

Provided, however, 2that the Collcctor or oher officer as afore- said, or he Commissioner, shall duly record in a prwceding he reason for granling such cxemp~on; and providcd also b a t an order for ex- emption so issued by the Commissioner shall no1 alfecl rhc legality of a sale which may have raken place before Ihc receipl by Ihc Collector or oher officer as aforesaid of rhe order of cxcmplion.

19. Salcs shall ordinarily be madc by the Collcctor or oher officer as aforesaid in h e bnd-revenlc office at rhc sadar station of rhe district :

'The original words and iigures which'were rcpwled by the Bengd Coun or W d s (hnendment) Act, 1881 (Bcn. Acf 111 of 18RI): are omitled.

Formal words which wen: repcded by \hc Amending Acr, 1903 (1 of 1903), ye

omir~ed.

[Act XI

rhirtieth; and, in dchulr o f payrnenl wirhin the prescribed pcrid as alorcsaid, thc dcposil shall be forleiled to Chvemmcnl, lhc estatc or share shall, be re-sold, and [he defaul~ing purchzcr shall lorfcil all claim to the estalc nr sharc, or ro m y pa.^ or rhc sum for which il may subsequently be sold.

And. in rhc cvenl of thc prwceds (IT h e salc which may be eventually consununarcd beirig lcss ihan the pricc bid by the dcfaulting bidder aforesaid, the diIlercnce shall be leviable from him by any proccss auhorized for realizir~g an arrcar of public rcvenue, and such diffcrencc shall be taken and considered to hc a part of the purchase- money, and shall be dcalr wilh in Ihc manner hcreinaf~ct prescribed lor [he disposal thereof.

24. When dcfaulr is madc in the payrncnr of purchase-money, a notification of the intended rc-salc shall be published for hc period and in lhc manner prcscrihcd in section 6 of this A G ~ , t)nI such nollfi- carion shall no1 bc published until the expinlion of ihrcc clear days arter thc day on which itlc dcfaulr sha[l have occurred; and if rhe payrnenl or lcndcr of payment of thc m a r on account of which he csrare or share was firs1 sold, and of any arrcar which may have sub- sequently bccome duc, shall be mndc by or on behalf of lhc proprieror of h c cscate or share berorc sunscl of lhe third day, h e issue of he notificn~ion of re-sale shall be slaycd. Thc ruIes conlaincd in [he 1st preceding SCCUDII shall be applicnhle lo cvery such re-sale :

.I Providcd that, if defaulr or payment of purcha~e-money shall occur more lhan oncc, the anluunl to be recovcrd from Ihc dclaulling bidders shall be [he dilfercncc bctween the highes~ bid and the procccds of Ihc sate cvcnluaIly consummated, which amount may bc lcvied in manner aforesaid from any 01 lhc dcfaulrir~g bidders ro lhe extent of !he arnounr by which his bid cxcceds Ihe amount realized.

25. (Appeals.)-Rep. by ]he Bc~rgol i m d - r e v e n u ~ Snle~ Acr, f858 {B~II . A n VII of 1858).

Amulrncnr 26. It shall be ~0mpelenl LO ~ h c Commissioner of Rcvcnuc. on of sale in r p c i A the ground of hardship or injustice, lo suspcnd Ihc passing of final casts. orders in any casc oF appcal from a sale, m d 10 rcpicsent h c casc lo

[he Board of Revenue, who, I * * * may annul the sale and cause h e cslale or shwe of an eslalc to be rcsiorcd ro Ihe propsictor on such condilions as may appear equitable and proper.

Salcr, whcn tind.

27. At1 salcs of which the purchase-money has k e n paid up as prescribed in scccion 27 nl rhis Acr, and apainsl which no appeal shall have been prcfcrrcd ?[or in respecr of which no appticalion undcr sccrion 37A has bccn tnarle or in rcspecr of which no appcal undcr sub-section (3) 01 seclion 378 has been preferred], shall bc liaa1

'7'bc wolds "If [hey wc c m c , mny fitommend to (hc h a l G a v e m e n \ to annul rhc sdc: u d thc Local Gorernmcn~ in any such csc" wcm arnitrcd by ihc Dcccn- tnliulion Acr. 1914 (IV ot 19 14).

'Imcncd by s. 2 or rhc Bend Lmd-mvcnuc Sdcs (Arrcndrr.cn1) Act. 194? (Bcn, Acr V11 oi 1942).

(Secrions 2&31.)

and conclusive at noon of h e '[sixrich] day from the day of sale, reckoning Ihc said day of sale as h e firs1 or thc said '[sixty] days.

And salc againsr which an appeal may have becn prefemd and dismissed by the Commissioner ?[or in respcct of which an application under sccrion 37A may have been made or an appeal under sub-section (3) of sec~ion 37B may havc bccn preferred and such appIicalion or appcal has been dismissed] shall be final and conclusive from h e datc of such dismissal, if mom than '[sixty] days from thc day of salc, or if Icss, h e n at noon of the '[sixrieth] day abovc provided.

. 28. Immediately upon a sale becoming final and conclusive the Collcc[or or othcr officer as aforesaid shall give ro the purchaser a certificarc of title in thc form prescribed in Schcdulc A anncxcd to this Act. ,

And h e said certificate shall be decmcd in any Coufl of Jusuce sufficient cvidcncc of h e titlc Lo Ihe estatc or share of an cslate sold being vesred in thc person or pcrsons namcd from thc darc specified.

And h e Collcctor shall also notify such uanslcr by wrillen proclama~on in his own officc, and in the Coum of [hc M~orsifs and policc-rila~~as within whose jurisdictions my part of the cslale or share sold shall bz siluatcd.

29. The Colleclor or othcr officer as arorcsaid shall order delivery of possession of k c eslate or share purchascd to be made by rcmoving any penon who may refusc to vacatc Lhe same, and by proclamation to the occupants of [he properly by bear of drum or in such other mode as may be customary, a1 somc convenienl place or places; and by affixing a copy of rhc cerlificatc at lhe nial crrlcllerry or in some conspicuous place of thc estate or share of an estare purchascd.

30.. The party certified as thc proprietor of an estale or share OF an cslale by purchase under this Act shall bc answerilblc for all inslalmenls of the revenue of Govcmmenr which may fall due alter h e lalcsr day of paymcnL aforesaid.

31. The Collcc[or shall apply the purchase-money, lirsl, ro h e tiquidalion of all arrcm due upon h e latest day of paymcnl from Lhe cs!are or share of an csrale sold; and, secoadly, to lhc liquidation of all outstanding demands I[including the cost of noticcs rcferred to in seclion 61 dcbilcd ro [he estatc or share of an eslate in the public nccounrs of thc dislric~ : holding [he residuc, if any, in deposit on

- 'The word< "sixtiuh" md "sixry" rvcrc subsrirurcd lor lhc words "rhinicrh"

and "thirly" rcspecrively. by s. 4 or the Bcngal L M ~ - W V C ~ U C Sdcs Aci,,1868 (Bcn. ACI VII o l 1868).

!Inszncd by s. 2 of thc Bengal h d - m v c n u c Sdcs (Amendment) Act, 1942 (Bcn. Acl VlI o r 1932).

JInscncd by 5. 3 of thc Bcngal Land-rcvcnuc 8111s (Arncndmcnr) Acl, 1963 (Bcn. ACI 11 of 1943).

Liability ol purchaser.

Applicarion or purchase-money.

The Berrgal Larrd-revetlire Sales Act, 1859,

[Act XI

Juasdiclion 01 Civil cwns In sub 10

mnul $A=,

account of thc Iatc rccorded propricior or prprie~ors of Ihc estalc or share of an cslatc sold. or their heirs or reprcscntatives, lo he paid lo his or lhcir rcceipl on demand in rnanner following : 10 wit, in shares proportioned to hcir recordcd jolercsl in h e cstate or share of an csrate sold, if, such dis~lnclion of sham werc recorded, or if not, then as an aggrcgarc sum Lo !he whole body of proprietors upon Lhcir joint receipt.

And. i f before payment lo thc Iatc properietor or proprielors of any surplus h a 1 may remain or the purchase-moncy, bairic be claimd by any creditor in sauslaciion of a debt, such surplus shall not k payable 10 such claimant. nor shall i t be wilhhcld fro111 LIIC pmpri- elor, cxcept undcr prcuepl 01 a Civil Coun.

32. T h e annulment by a Conmissioncr ur by 'Boud of Revenue] 01 a salc madc undcr chis Act shall bc publicly notified by thc C~lleclor or other officer as aforesaid, in rfie s m c manner a the becoming final and conclusive of sales is requircd to be notified by secdon 28 of [his ACL; and thc amount uf dcposi~ and balance of purchase-money shall be farhwith returncd LO h e purchaser 4 t h intcresl 1 hereon at the highet rates of he current public securities : which shall be paid by '[the Slate Government], unlcss h e proprietor shall have become liablc Tor the saInc under the provisions of 31section 2 of rhc Bcngal hd-revcnuc Sales Act, 1868,] or section 26 of this Bcn. ~ c i

A C ~ . VII or 1868.

33. No sale for arrears of rcvenuc or other denwnds rsslizablc in the same manner a arrcm of revcnuc are rcalizablc, madc after the passing of lhis Acl. shall be annlnlcd by a Court of Juslice, exccpr upon thc ground of its having becn made contrary to the provisions of his Acl, and then only on p r o d lhar h e plaintifr ha suslaincd subsranrial injury by reason of the irregularity complained of : and no such salc shall be annuIled upon such gruu~lcl, unlcss such ground shall have been declared md specified in an appcal made 10 Ihc Cornis- sinner under '[secrion 2 of Ihc Dct~gal Land-revcnuc Salts Acl, 18681; and no suit ro annul a sale madc under this Act shdl be reccived by any coun of Jusrice, unlcss it sliall be insu[u!ed wilhin onc ycar from the dare or ~ h c sale bccorning final and conclusive as provided in section 27 of this AEI : arid no pcrson shall be cnlitled lo contest the Icgdity of a sale after having reccivtd any porlion of !he purchase- money :

'Tbcse words rvcrc subslirurcd for rhc word "Govcmmcnt" by Be Dcccnmli- wrlon nn, 1914 (IY of 1914).

+Thc words "thc Provincial Govcmrncnr" werc subs;ilured for tho words "lhc Govemmenr" by p m , 3 snd ihc Is1 Scb, of Ihc Govcrnrncn~ of India (Adripration o l

I n d i a Lnws) Ordcr, 1937, and thc ward "SUCC" was subsquendy subsritctcd for ihe word "Provincial" by pmgraph 4(1) or ~ h c Ahpration or h w s Order. 1950.

'Thcsc wnrds rind 6gu1c.c wcn? subslitutcd Tor rlrr word and f~gurc "scc~ion 5" by rhc Amcdinp Acl. 1903 (1 of 1903).

T f ~ e Betigal Lond-revenrre Sales Act, 1859. 333

Provided, howcvcr, hat nothing in his Act contained sh~l l bc conslrued lo debar any person considcrjng himsclr wrongcd by any acl

' or omission connected w i h a salc undcr this Acr from his rcrncdy in a personal action for damages against [he pcrson by whosc acl or omission he considers himself to havc been wrongcd.

34. If a sale made under h i s Act be annuHed by a final dccrcc of a Civil Court, applica!ion for h e execuuon of such dccrcc shall bc madc within six rnonlhs after [he date thereof; ohenvise thc party in whosc favour such decree was passed shall lose all benefi~ rhcrcfrom.

And no ordcr for rcsloring such dccree-holder 10 possession shall be passed until any amount of surplus purchase-money that may have been paid away by ordcr o l a Civil Coun be repaid by him, with interest a1 the highesl rare of h c cumccnt Government securities.

And, if such p a y shall ncglccl to pay any arnounl so recoverable wilhin six monrhs ifom thc datc of such final decree, he shall lose a11 benefil herehorn.

35. In the event of a sale being annutled by a final decree of a Coun of Justice, and the former proprielor bcing rcstorcd to possession, thc purchase-money shall be refunded lo the purchascr by '[the Slale Govcrnmcnr], togclhcr wilh interest at the highest rare of h e current public securilics.

36. Any suit broughl lo oust [he cerlified purchaser as aforesaid on the ground [hat lhc purchase was made on behalf of another pcrson not thc ccrlifjcd purchascr, or on behalf partly of himself and piirlly of another person, aough by agrccmenr the n m e of h e certified purchaser was uscd, shall bc disrnisscd with costs.

'37. ( 1 ) The purchaser of an enlirc estate in Ihc permanently sertled districts of West Bengal sold under h i s Act for thc recovcry of arrears due on accounl of [he same. shall acquire the cslate free from all encumbrances which may have been imposcd aflcr h e lime of scttlemen! and shall be enlitld to avoid and annul all tenures, holdings and lcascs wih [he following exceptions :-

(a) tenures and holdings which have been held from the lime OF thc permanen1 serllcrnent eilher free of rent or at a fixed rent or fixcd rate of renl, and

(b) (i) lenurcs and holdings no1 included in exception (a) abovc made, and (ii) other leases of land whelher or nor for purposcs conncclcd with agricuIrurc or horticullure,

Proviso.

I i s d c mnullcd. pur- chsc-moncy ro bc rcfundcd.

Dismissnl or suit brw~ght la ousl pur- chxcr on ground rhm purchsc was madc for anorher.

Rights or a purchmcr or a permanently scr- tied eslale sold Tor irr; own man.

'See Iwt-norc 2 on pagc 332, anfr. 'Subs~iiurcd by s. 4 of thc Bcngd Land-rcvcnuc Sales (\Vest Bcngd

Arncndrncn~) ACI, 1950 0Vcs1 Bcn. Act VI I 01 1950), ror ~ h c original s. 37.

The 3erlgai Land-reverrrre Sales Act. 1859.

[Act X I

existing at the dale of issue of the nolif icahn for salc of be estale undcr this Act :

Provided hat norwithstanding anylhing contained in any law For the rime k i n g in forcc or in any l w - c or contract no person shdl be cnlidcd to hold under such a purchwer as is doresaid any Icnure, holding or lcase coming within cxcepLion (b) abovc rnadc, frec oi rent or at o low renl or at a rent or rale of rent fixed in perpcluily or far any specified period unlcss the righl so lo hold has been expressly recognised undcr any law for rhc time being in force by any compelcnr. civi! or revenue coun; and the purchaser shall be ~nrilled 10 proceed in Lhc manner prcscribcd by any law lor UIC rime bejng in force Tor thc de\ermina(ion of a f i r and cqulablc rcnr of such tenure, holding or lease.

(2) For tl~c purposes or Ulis seclion - (a) (1) "lcnure" includes a renure as deiincd in thc Bcngal ~ e n a n c ~ VIlI uT.

Acl, 1885, and lES5. (ii)"holdingl' includes a holding as defined in ihc Bcngal Tenancy

Acl, 2885; (b) any rent which is lower than what has been entered in any *cord

of rights prcpared and finally published under Chapter X o i thc Bengal Tuancy Act, 18115, before the commencerncnt of IhcBcngalLand-revenueSdcs~cstBengalAmendmcnt~ west Bcn.

'

A#, 1950, shall bc presurncd lo bc a low rcnl; ~ c t VII

(c] Section 75A of rhe Bengal Tenancy ACI. 1885, shall not have ally o f 1950.

application. Appliwlion (or '37A. Where any cstale or shuc of an cstatc h& been sold under st i~ing a i d c (his Acl, the deiaulling holder of Lhe estate or of a share [hereof or any 131~. who holds on jnteres~ lherein by virlue of a utle acquired beforc

such sale or any person whose, intercsls are affected by fie sale may. ar any time w i ~ l i n ihny days from Ihc datc of the sale, apply lo ihe Cdlcctor lo havc h e salc sci aside on his depositing w i ~ chc CaIlector-

(a) for payrncnl to l h e purchaser, a sum equd to h e c per cent of the purchase-money bul no1 lcss than one rupce; and

(b) for payment to Ihe '~[SIP~C) govern men^, a sum equal to the amounr spccificd in h e notification of sale as I h a for thc rccovcry of wf~ich rhe sale was ordered (ogcthcr with mch costs, if any, as the =istale] Govcrnmenl may havc incurred subsequent LO [he issuc of such nodficaljon of sale.

'lnscrlcd by S. 3 of Ihc Bcngal Land-rcvtnuc Sdes (Amendment) hri. I942 [Bm. ACI VI I of 1912).

'Substituld Tor lht word "Provincial" by pmgnph 4(1) or thc Adap~arion of Laws Ordcr. 1950.

Tlre BerrgoI Lotld-revetrrre Sales Act, 1859.

of 1859. ]

'370. (1) Norwihslanding anyhing contained elsewhere in this Acl where Ihc deposil required by scclion 37A is m d e within thirty 'days from h c darc or lhc sdc, lhc Collcclor shall make an order setting aide thc sale, providcd [hat no ordcr shall be made unless !he nolice of the application has bccn givcn lo tbc purchaser.

(2) No suit to set aside an order made under this section shall bc brought by any person against whom such order is made.

(3) An appeal shall lie to the Commissioner against an ordcr madc undcr sub-section (I) refusing to sel aside a salc il such appeal is prciet rcd within thirty days from the date of thc order.

'37C. Wherc a sale is sct asidc undcr seclion 37B, h e purchser shall be enlitled to an order for repayment of his purchase-money with or without interesl as the Collector may direct. .

'37D. ( I ) Where Lhe sale has been set aside at thc instancc of, and on h e deposit by, a person other kan h e defauhjng proprietor or proprie~ors, h e arnounl paid for such setting aside of he sale, shall be deemed to be a deb1 bearing inrerest a1 six per cell? per atu1ut)r and secured by a mortgage of the eslate or a share thereof sold in favour of the said person.

(2) His mo-rlgage shall lake priority over cvcry othcr chargc on thc said cslatc or share other lhan a chxgc for arrcars of rcvcnuc.

(3) He shall be enutled ro h e possession of the said esta:: or share as morlgage of h e defaulting proprielor or proprietors and to relain possession of it as such until the said debt w i h interest thereon hm been discharged.

(4) Nothing in this section shall affect any olhcr rcmcdy to which any such person would bc cntiilcd.

38. to 51. [Repealed by rlre BerlgaI htrd-revetlire Sales (Wesf Betlgal Amend~~f l l r ) Act, 1950 (Wesr Berr. Act VII of /950.)]

32 . The provisions of seclion 37 of lhis Act shall tt~lrtatis

ttltuatrdis apply i n Ihc casc of a purchaser of an eslalc -in a districl of Wesr Bengal not permanently settled, soId undcr this Act lor Ihc recovery of arrears duc on account of h c same.

'Insencd by s. 3 or rhc Bcngal Lnd-rcvcnuc Sa la (Amcndmcn~) Acl. 1942 (Ben. Acr VlI or 1942).

Sdc whcn to bc sct aside,

Rcrum 01 purchzc-rnoncy in ccnain c z c s .

Amounl paid to prcvcnr salc l o bc in ccnain cmcs a rnongagc- dcbr on ~ h c cslalc or s h v c thcrcol.

Righa o l purchxcr o f an u t a l c no1 permancnrly scrllcd. sold for irs own amm.

'Substi~urcd by s. 6 01 rhc Bcngal Land-rcvcnuc Sdcs (Wcsl Hengal Amendmcnt) Acr. 1950 [\Vcsr Bcn. Act V1t of 1950), lor thc original scction 52.

Tl~e Betrgal Latzd-rever~ue Sales ACI, 1859.

[Act XI

u d or purchacr. or atntc no1 sold Tor JLS

own mm.

Rccavcry nf m m duc la delaultcm.

53. Excepung I* * * sharcrs with whom the Collcc~or, un- der sections 10 md I I of lhis Acl, has opened separate accounls,

' purchase thc cslatc of which he is proprietor or co-pdner, or who by rcpurchasc or olbenvisc may m o v e r possessjon of ae said eslarc, aftcr il has bcen sold for arrears under 1h1s Acl, and likewise any purchucr of an cstarc sold for arrcars or demands other lhan hose accruing upon ilself, shall by such purchase acquire Lhc atale subjcct lo dl its encurnbmccs existing at the t i m of sale, and shall not acquire any tights in respect Lo undcr-ienant?, or miyair which were not possessed by rhc prcvious proprielor at h e timc of the salc of the said eslate.

54, Whcn a sharc or shares of an estate may be sold undcr Ihc provisions dsecuon I3 or section 14, the purchaser shall acquircd the share or shares subjcci to all encumbrances, and shall not acquire any rights which were na pmrcssrd by ~ h c previous owner or owners.

55. Arrears of renr which on the latest day of paymcnl may bc due lo the dcfauller Irom his under-lenanls or raiyots shaI1, in thc cvent of a sale. be recoverable by hirn d ~ e r rhe said latest day, by any prmess exccpl disrraint which might have bcen used by him tor that purpose on or beforc thc-laies~ day.

56. Any Collector or othcr o l i i ~ r r as aforesaid conducting a sale undcr thjs Act shall be competent to punish my conlcrnpl com- mitted in his presence in open crrtcherq or office for the time bcing, by fine, to an extent not exceeding two hundred nrpecs, commutable, if not paid, to imprisonment in rllr. civil jaii for a period no1 exccdrng one month; and rhe Magislraie to whom such an offender may be sen1 by a CoIlectoior other officer as aforesaid, shdl carry his sentence in10 eCfccl ;

Provided that an appeal from any ordcr puscd under lhis section shall lie to the Revenus Commissioner, whose dccision shal! br. final.

57. A default 10 makc good a bid by maktng [he deposit re- quired by sccdon 22 of this ACL shall bc hcld b be a contempt.

58. When an estale is put up for sale undcr this Acl far Ihe recovery of arrcars of revenuc due rhcreon, if here bc no bid, the Collector or nrher officer ns dorcsaid may purchase Ihc cslale on

'Thc words and figucc5 " s h ~ ;a wnlcs under ban~~urm who may havc savctl thcir shmn lmrn sdc undcr %cc\ions 33 and 34. Regularlon XIX, 19.14, and" which wcrc rcpdcd by thc h n d i n g A:[, 1891 (XI[ of 1S9l), are nmiucd.

Tlre Ber~gal Lottd-revenue Sales Act, I859. 337

of 1859. ]

account of ~ h c '[State Government] Tor one rupee, or if h e highcsl bid bc insufficicnl to cover the said arrears and rhose subscqucntIy accruing up lo thc darc of sale, the Colletor or olher officer as aforesaid may takc or purchm thc cslale on accounl of the ' [S la i e G D V C ~ ~ C ~ ~ ] at thc highesl amount of bid; in both which cases the '[Srale Govcmment] shall acquire the propcrly subjcct to thc provisions of (his Acr.

59. [Fees atrd charges de~~rarldoble by Collector.]-Rep. by rfle Bengol Larrd-rcvetrwe Sales (Amend~nent) Act, 1862 (Bet). Act 111 oJ 1862.)

60. The provisions of Rqulahon VII, 18222, and Regulation IX, 18213, shall be in force in evcry watt in any part of which a measurement, survey, or local inquiry may bc madc under his Act, and in every csme purchased or takcn on accounl of ' [he Stalc Government] under this Act.

61. In thc construclion of his Act h c word "Collec~ar" shall include a Dcpuly Collec(or or other oficer cxcrcising, by the aulhority of '[[he Stalc Govcmrnent~, the powers of a Collecror or Depuly Collector.

62. The operauan of [his Act shall be confined ro such parts of rhc Lowcr Provinces in lhc Presidency of Fort William in Bcngal as xe or shall be subject to thc gcncral Regulation of h a t Presidency.

'Thc words "RPvincial Covcrnrncnt" rxVcrc subsritulcd for qhc word "Covcrn- menr" by para. 3 and 1st Sch. of Ihc Govcrnrncnt or India (Adaplalian of Indian Laws) Ordcr. 1937. and the word "Statc" w.u subscqucntiy subsutured lot lhc word "Pmvin- cial" by pmgnph 4 (1 ) or thc Adaplalim U S h v s Ordcr, 1950.

?hc BcngaI Land-rcvcnuc Sclllcrncnr Rcgulaiion, 1822. 'Thc Bcngal Land-wvcnuc Sclrlcrncnr Rcgula~ion, 1H25. 'Thc words "thc Provincial Covcrnmcnt" wcrc subsrirurcd lor thc word

"Govcmrncn~" by p m . 3 and thc Is1 Sch. of ihc Govcmmcn' of I n d i ~ (Adaprarion of Indian Laws) Ordcr, 1937. m d thc word "Sla~e" w a subsqucntly substituted for thc ward "Provincial" by pmgnph 4(1) of hc Adaplarion or Laws Ordcr, 1950.

Rcgulaiions VII, 1822. and IX, 1825 in lorcc in ccnain

Application or Act.

338 Tile B~pngol h d - r e v e r l r i e Sales Act. 1859.

[Act XI of 1859,]

'SCHEDULE A.

I ccrlify &at A. B. has purchucd, under Act No. 1 1 of 1859, thc n~alraI (or shwe of a nrahal] specified bclow, standing in lhc tarrzi of h: dislricl of and dtal his purchase look cffcct on Ihc day of (bekg the du-Y ofrer ilraf fued for fast day of pavnrerlt).

(Signed.)

{u of an etrrirc mahal.)

Tarrzi number Narnc of mnlrat Name of the former proprielor Sadar Janra

Tauzi number of thc cntire tnaflp!

Name of ~ h c entirc nzd~al Sodarjunra of Ihc enlire ~llalrol Description of lhc shuc sold Subordinale farr~i number or the share sold Name of lhc former ~roprieior of Ihc share sold ,Y&r Ja~rra for which lhl: share sold is sepUalely liablc.

SCHEDULE B.

Rep. by d~lc A t ~ ~ e ~ l d i t ~ g Acr. 1903 (1 oJ 1903).

'This Schedulc is referred lo in section 28.

BENGAL ACTS -OF 1862 TO 1889, IN FORCE IN WEST BENGAL.

Bengal Act Ill of 1862

[THE BENGAL LAND-REWNUB SALES (AMENDMENT) ACT, 1862.']

SHORT TTI'LE GIVEN . . Acr I of 1903.

[ Acr XII of I 873.

KEI%ILED IN PART .. AciIof1903. Bcn. Act II of 1906. E. B. and A. ACL I of 1907.

A~IWOED . . Ben. Act I of 1939.

P3rd April, 1862. J

An ACI ro otrrctrd '[rhe Bcrrgal Larid-reve~rrre Sales Act, 1859].

WHEREAS it is expcdient lo extend Ihc period allowed for the rcgislry P-ble, of '* * tenurcs' * * and lo a1 ter the scale of fees Dn certain applicalions For t11c oping: of sepxale accounts for shares or cntire estates, for deposit of money OF Government securilies, and for regisuy of under-tcnures and Farms;

it is cnacted ar fo1iows:-

I. [Repeal of sections 45 mrd 59 offhe Bengal Larrd-revearre Sales Act. I859 (Xi of 1859) j. Rep. by rfre Hepealirig Acr. 1873 (XU of I873).

'SIIURT m.--ms shon ~ i d e was givcn by [he Arncnding Act, 1903 (I of 1903). k l r ~ EXTE?;T.-S~UCC this ACI is ( ~ e e scc~ion 4. PDSI) ID k L:Wlicn md m d as put or thc

Brngd Land-mvcnuc Salcs ACI, 1859 (XI of I8S9), ir hiu Ihc smc Id exrcnl ns that Act.

T k Act hasbceneklended, by no~ificalion undcr rbcSchcduledU~slricls ACI, 1874(XIV o f 1674). section 5. ro ht rollowing Scheduled Msuicls, nmcly:-

(k lCrcsicrn Durn, in d~ JaIpiguri distric(. and the DYjaling disvia.

'7hesc words nnd fipllrcs wcm substituud Tor "Acl X1 or 1 RSP (to imprnvc [he law relaling 10 u I t 5 OF Id for yrrm uf mvrnut in ihC Luwcr PrnviRce~ undcr rht Bcngnl Prcsidcncy)"by s.2 mdhFmr SchcduleoClhlr B e n d R c p c d i n g d Amending Acr, 1938 (Ben. ACI 1 of 1939).

'Tk w a d "under which w z repealed by h e Arncnding Acl. 1903 (1 01 1903). is oniincd.

'The words "and farms" wcrc r e p l c d . ibid. 'The fin1 two p m p p h s were mpealcd, ibid.

The Bet~gol La~d-reverrrre Sal?s Attrmdraet~~ Act. 1862.

[Ben. Act III of 1862.1

Ljmiraiion. Applicarions for the regismy of lenures created aher thc passing of [his Act musl be rnadc within lhrec months of the dalc ofthe deedconsti~uting the tenure.

R c s ro bc pGd a1 n lc s

3. Thc Collector on [he part of the Governmcnl shall be entitled ro nlcnlioncd in dcmand from applicanrs under '* " scclions I Sand 16, scclions 40,43 and sch*ulc. 44, o ~ A c I X I of 1859=, k c not exceeding the rates specified in theschedulc

to his ACI anncxcd, which schcdule shall be takcn as pimoihis Acr; and applicalions undcr r hc said secuons shall not be received unless thc said fees are tendered thcrewilh.

Acl to bc read as u v l

4. This Act shall be takcn and read as pa? of the said Act XI of 1859:.

1. [Filitrg arr applicf~tion v~rdersectioa I0 or secrio~r I I of Act XI of I859 forapetrir~g a sepurutenccot~~~rfora slrare of a11 e~rtire estule.j-Rep. iil \Vestcnf Bc~rgaJ, by the Bettgnl h r ~ d Registrufio~r (Anreild~nerr~) Act, 1906 (Beti. Acr I1 of1906) atld ill Ea.~rerrr Setrgal. by rlre Easrertl Bettgul arrd Assarrr Larrrl Regirtratiot~ (Alt~e~rd~~letrt) ~ c t , 1907 (E. B. a j~d A. Act I of 1907).

2. For filing an appIicntion- for a deposit of rnoncy of Governmenr sccurilies under seclion 15 of the said Acl-half per cerrr, of the amount deposited;

for any interest on Government sccurilies so depasiled drawn by the Collector-haif per cent. of [he amount drawn.

For filing an application for wihdrawal of a deposit undcr section 16 of thc said Act-half per c e m of !he arnounl withdrawn.

3, For filing an applicadon, undcr sections 40,43 of 44 of the said Act, for rhc rcgiskation oFan undcr-itnure or farrn-

i T the annual renL of lhc under-tenure or f m do not exceed 1,000 -rupees-at the ratc of tive per cetlt, on Lhc rcnt;

if the annual rent OF [he under-~cnurc or iarrn exceed 1,000 rupees -aL the abovc rate up lo 1 ,HI0 rupces, and aL one per cerrr. on all above [ha[ amounl.

'Thc wurds imd f i g u ~ s "scclions 10 md 1 I:' rvcnr ~pmlcd, in Wcslern Bengnl, by s. 16t4) of h c l3cngal h d Rrpisrm~ion (Arncnd~ncnl) Acl. 1906 (Ben. Act I1 oC 1906) and in Exsrern Bengd. by s. 16(4) o f h e h r c m Bcngal and Assvo h d Rcgis~nlion (Amcnd~ncnt) Aci. 1907 (E. 8. &A.ActIor 1907).andare onlincd.The formct AcI has been r e ~ a l e d by ~ h c Bcngd h w s Acr. 1914 (Ben. Acl I ol 1914), and (he lilrtrr Act has bccn extended ro iVcstcm Bcngal by ~ h u same Act.

T I I C Bcngal Land-wvenuc Sdcs Acl. 1854.