Tag Archives: west bengal

Scheduled Tribe in West Bengal

  1. Santal 2,280,540 – 51.8%
  2. Oraon 617,138 -14.0%
  3. Munda 341,542 -7.8%
  4. Bhumij 336,436- 7.6%
  5. Kora 142,789 – 3.2%
  6. Lodha 84,966- 1.9%
  7. Mahali 76,102 – 1.7%
  8. Bhutia 60,091- 1.4%
  9. Bedia 55,979 -1.3%
  10. Sa bar 43,599 – 1%

Total 40,39,192- 100.00%

[Source: Census of India, 2001]

In accordance with The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976.

Asur
Baiga
Bedia, Bediya
Bhumij
Bhutia, Sherpa, Toto, Dukpa, Kagatay, Tibetan, Yolmo
Birhor
Birjia
Chakma
Chero
Chik Baraik
Garo
Gond
Gorait
Hajang
Ho
Karmali
Kharwar
Khond
Kisan
Kora
Korwa
Lepcha
Lodha, Kheria, Kharia
Lohara, Lohra
Magh
Mahali
Mahli
Mal Pahariya
Mech
Mru
Munda
Nagesia
Oraon
Parhaiya
Rabha
Santal
Sauria Paharia
Savar

The West Bengal Official Language Act, 1961

West Bengal Act 24 of 1961
[11th November, 1961]

An Act to provide for the adoption of the Bengali language as the language to be used for the official purposes of the State of West Bengal including purposes of legislation.
It is hereby enacted as follows:-

1. Short title and extent. – (1) This Act may be called the West Bengal Official Language Act, 1961.
(2) It extends to the whole of West Bengal.

2. Language or languages to be used for official purposes of the State. – With effect from such date, [* * *], as the State Government may, by notification in the Official Gazette, appoint in this behalf,-
(a) in the three hill subdivisions of the district of Darjeeling, namely, Darjeeling, Kalimpong and Kurseong, [the Bengali language and the Nepali language and the Urdu language], and
[(aa) in the Districts or Sub-division or Block or Municipality, as the case may be, where the population of Urdu speaking people exceeds ten per cent, the Bengali language and the Urdu language, and;]
(b) elsewhere, the Bengali language,
shall be the language or languages to be used for the official purposes of the State of West Bengal referred to in article 345 of the Constitution of India, and different dates may be appointed for different official purposes or for different areas in West Bengal :
Provided that the issue of any such notification shall be without prejudice to-
(i) the use of any language other than the Bengali language which is authorized by or under any law for the time being in force to be used for any purpose in any of the civil or criminal courts within the State of West Bengal, and
(ii) the use of the English language in the examinations conducted by the Public Service Commission, West Bengal.

3. Bengali language to be used in Bills, etc. – With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, the Bengali language shall be the language to be used-
(a) in Bills introduced in, and Acts passed by, the Legislature of West Bengal, Ordinances promulgated by the Governor of West Bengal under article 213 of the Constitution of India and rules, regulations and by-laws made by the State Government under the Constitution of India or under any law made by Parliament or the Legislature of West Bengal; and
(b) in notifications or orders issued by the State Government under the Constitution of India or under any law made by Parliament or the Legislature of West Bengal :
Provided that different dates may be appointed in respect of different matters referred to in clauses (a) and (b).

3A. Use of Nepali language in rules, regulations, etc. – Notwithstanding anything contained in section 3, with effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, the Nepali language may, in addition to the Bengali language, be used for such-
(a) rules, regulations and by-laws made by the State Government under the Constitution of India or under any law made by Parliament or the Legislature of West Bengal, and
(b) notifications or orders issued by the State Government under the Constitution of India or under any law made by Parliament or the Legislature of West Bengal,
as apply to the three hill sub-divisions of the district of Darjeeling, namely, Darjeeling, Kalimpong and Kurseong :

Provided that different dates may be appointed in respect of different matters referred to in clause (a) or (b).

Explanation. – For the purposes of section 3 and this section the words “law made by Parliament or the Legislature of West Bengal” shall include any law made before or after the commencement of the Constitution of India by any legislature or other competent authority in the territory of India having power to make such a law.

3B. Use of Urdu language in rules and regulations. – Notwithstanding anything contained in sections 3 and 3A, with effect from such date as the State Government may, by notification in the Optical Gazette, appoint in this behalf, the Urdu language may, in addition to the Bengali language and the Nepali language be used for such-

(a) rules, regulations, and by-laws made by the State Government under the Constitution of India, or any law made by the Parliament or the Legislature of the West Bengal,
(b) notifications or order issued by the State Government under the Constitution of India or any law made by the Parliament or the Legislature of West Bengal,
(c) petitions and applications and replies thereof, in public offices,
(d) documents received by public offices,
(e) important Government advertisement, announcement to be published, and
(f) important signposts to be exhibited,
as to be apply in the Districts or Sub-division or Block or Municipality, as the case may be, where the population of Urdu speaking people exceeds ten per cent as a whole or part of the District like Sub-division or Block:

Provided that different dates may be appointed in respect of different matters referred to in the clauses (a) to (f)

Explanation. – For the purposes of this section the words ‘law made by the Parliament or the Legislature of West Bengal’ shall include any law made before or after the commencement of the Constitution of India by any Legislature or other competent authority in the territory of india having power and makes such a law.]

4. Continuance of English language for official purposes of the State and for use in the State Legislature. – Notwithstanding-
(a) the appointment of any day under section 2 or section 3, [or section 3A or section 3B] for the coming into operation of the provisions thereof, or
(b) the expiration of the period of fifteen years from the commencement of the Constitution,
the English language may, as from the day so appointed or from the day on which such period expires, as the case may be, continue to be used –
(i) for all official purposes of the State of West Bengal for which it was being used immediately before that day, and
(ii) for the transaction of business in the State Legislature,
in addition to any language or languages specified in section 2 or section 3.

5. Authoritative text of Central and State Laws in Bengali and Nepali languages. – A translation in [the Bengali language or the Nepali language or the Urdu language], published under the authority of the Governor in the Official Gazette,-
(a) of any Central Act or of any Ordinance promulgated by the President, or
(b) of any notification, order, rule, regulation or bye-law issued by the Central Government under the Constitution or under any Central Act, or
(c) of any State Act or of any Ordinance promulgated by the Governor, or
(d) of any notification, order, rule, regulation or bye-law issued by the State Government under the Constitution or under any State Act,
shall be deemed to be the authoritative text thereof in such language.

6. Power to make rules. – (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the State Legislature agrees in making any modification in the rule or the State Legislature agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Preparation or revision of record-of-rights under the West Bengal Land Reform Act 1955

West Bengal Land Reform Act 1955

Preparation or revision of record-of-rights

50A. Section 50 not to apply to certain cases.—Section 50 shall not apply to any district or part of such district where Chapter VIIA has come into force for the purpose of revision or preparation of records of rights; but section 50 shall apply to any land in any such district or part of such district after final publication of any such record-of-rights under section 51A:

[Provided that notwithstanding any order made under sub-section (1) of section 51 in respect of a district or part of a district, the State Government may make an order directing the [prescribed authority appointed] under section 50 to incorporate such changes as may be specified in the said order in the record-of-rights in respect of such district or part of such district under section 50, if the State Government is satisfied that incorporation of such changes is necessary to mitigate the hardship of a raiyat.]

50B. Modification of record-of-rights.—(1) The State Government may, in any case where it so think fit, make an order by notification published in the Official Gazette, directing that the record-of-rights in respect of a district or part of a district, as maintained up-to-date under section 50, be modified by eliminating from such record the entries, if any, which have been deleted and scored out under that section from time to time.

(2) When an order is made under sub-section (1), the prescribed authority appointed under section 50 (hereinafter referred to in this section as the prescribed authority) shall modify in the prescribed manner the record-of-rights in accordance with the provisions of sub-section (1).

(3) When a record-of-rights is modified, the prescribed authority shall publish a draft of the record modified in the prescribed manner and for ‘he prescribed period and shall receive and consider any objection to any entry therein or to any omission therefrom.

(4) When all such objections under sub-section (3) have been considered and disposed of, the prescribed authority shall cause the modified record to be finally published in the prescribed manner and shall certify the fact of final publication and the date thereof and shall date and superscribe the same under his name and official designation.

(5) Any officer specially empowered by the State Government in this behalf may, within such period as may be prescribed, revise in the prescribed manner any entry in a record finally published under Sub-section (4) after giving the person or persons interested an opportunity of being heard and after recording reasons therefor.

(6) Every entry in a modified record-of-right finally published under sub-section (4) including any entry revised under sub-section (5), shall be presumed to be correct.

(7) The provisions of this section shall not apply to a record-of-rights in respect of a village, the revision or preparation of which has commenced under Chapter VIIA, but shall apply to such record-of-rights after its final publication under sub-section (2) of section 51A.

(8) When an order has been made under sub-section (1), no Civil Court shall entertain any suit or application which involves correction, revision, modification or cancellation of any entry in the record-of-rights of a village in accordance with such order, till the record-of-rights relating to such village is finally published under sub-section (4), and if any suit or application relating to any entry in such record-of-rights is pending before a Civil Court on the date of issue of such order, such suit or application, as the case may be, shall abate.]

Revision or preparation of the record-of-rights.-[(1) The State Government may, in any case if it so thinks fit, make an order directing that record-of-rights in respect of any district or part of a district be revised or prepared by a Revenue Officer in accordance with the provisions of this Chapter and such rules as may be made by the State Government in this behalf.
(2) A notification in the Official Gazette of an order under sub-section (1) shall be conclusive evidence that the order has been duly made.

(3) When an order is made under sub-section (1), the Revenue Officer shall record in the record-of-rights to be revised or prepared in pursuance of such order, such particulars as may be prescribed.]

(4) Omitted by West Bengal Act No. 50 of 1981, w.e.f. 7.8.1969.

(5) There shall be a separate khatian for each raiyat and the khatian shall include all lands held by such raiyat in one mauza.

[51A. Draft and final publication of the record-of-rights.—(1) When a record-of-rights has been revised or prepared, the Revenue Officer shall publish a draft of the record so revised or prepared in the prescribed manner and for the prescribed period and shall receive and consider any objections which may be made during such period to any entry therein or to any omission therefrom.]

(2) When all such objections have been considered and disposed of according to such rules as the State Government may make in this behalf, the Revenue Officer shall finally prepare the record and cause such record to be finally published in the prescribed manner and make a certificate stating the fact of such final publication and the date thereof and shall date and subscribe the same under his name and official designation.

(3) Separate publication of different parts of draft or final records may be made under sub-section (1) or sub-section (2) for different local areas.

[(4) An officer specially empowered by the State Government may, on application within one year, or on his own motion [within thirty-five years], from the date of publication of the record-of-rights under sub-section (2), revise an entry in the record finally published in accordance with the provisions of sub-section (2) after the persons interested are given an opportunity of being heard and after recording reasons therefor.]

[(5) Any person aggrieved by an order passed in revision under sub-section (4) may, within such period, and on payment of such fee, as may be prescribed, appeal in the prescribed manner to the prescribed authority of the district in which the land referred to in the record-of-rights is situated:

Provided that where the appeal is preferred to a Collector, he may transfer the appeal to such officer subordinate to him as may be prescribed:

Provided further that the officer to whom the appeal is transferred is superior in rank or position to the officer or authority making the order appealed against.]

(6) The certificate of final publication referred to in sub-section (2), or in the absence of such certificate, a certificate signed by the Collector of any district in which the area to which the record-of-rights relates is wholly or partly situate, stating that a record-of-rights has been finally published on a specified date, shall be conclusive proof of such publication and of the date thereof.

(7) The State Government may, by notification in the Official Gazette, declare with regard to any area specified in the notification that the record-of-rights for every village included in such area has been finally published and such notification shall be conclusive proof of such publication.

(8) In any suit or other proceeding in which a record-of-rights [is] revised or prepared and finally published under this Chapter, or a duly certified copy of the record or an extract therefrom, is produced, such record-of-rights shall be presumed to have been finally published unless such publication is expressly denied.

(9) Every entry in the record-of-rights finally published under sub-section (2) including an entry revised under sub-section (4) or corrected .inder section 51B [or section 51BB] shall, subject to any modification by an order on appeal under sub-section (5), be presumed to be correct.

[51B. Revision or correction of entry in record-of-rights.-(1) Any Revenue Officer specially empowered by the State Government in this behalf may, on an application or on his own motion, at any stage of revision or preparation of the record-of-rights under this Chapter but before final publication of any such record-of-rights, revise or correct any entry in such record-of-rights after giving the persons interested an opportunity of being heard and after recording the reasons therefor:

Provided that any order made under this sub-section shall be appealable in accordance with the provisions of sub-section (5) of section 51A.]

[51BB. Revision or correction of entry in record-of-rights before or after final publication.—An officer specially empowered in this behalf by the State Government may revise or correct any entry in any record-of-rights in respect of a mouza at any stage before or after final publication of such record-of-rights under this Chapter if it is necessary, in his opinion, to do so in pursuance of an order under Chapter IIB or on account of any amendment made in the provisions of this Act:

Provided that no such revision or correction shall be made, except when it is necessary to do so in order to prepare a separate khatian as required under sub-section (5) of section 51 by amalgamating the khatians in respect of a raiyat already prepared or finally published under this Chapter or to correct a bona fidemistake, until a notice has been given to the persons interested to appear and be heard in the matter.]

[51C. Bar to jurisdiction of Civil Court in respect of certain matters.—(1) When an order has been made under sub-section (1) of section 51 directing revision or preparation of a record-of-rights, no Civil Court shall entertain any suit or application for the determination of revenue or the incidents of any tenancy to which the record-of-rights relates, and if any suit or application in which any of the aforesaid matters is in issue, is pending before a Civil Court on the date of such order, it shall be stayed and it shall, on the expiry of the period prescribed for an appeal under sub-section (5) of section 51A or when such an appeal has been filed under that sub-section, as the case may be, on the disposal of such appeal, abate so far as it relates to any of the aforesaid matters.

(2) No Civil Court shall entertain any suit or application concerning any land if it relates to alteration of any entry in the record-of-rights finally published, revised, corrected or modified under any of the provisions of this Chapter.

Explanation.—In this section ‘suit’ includes an appeal.]

[51D. xxx]

Devider

COMMENT

power under Section 51B is a revisional power. It is a power to revise or correct any entry made in the record-of-rights in course of revision or preparation thereof by the Revenue Officer under Section 51. Entries made in the record-of-rights by the Revenue Officer can be substituted by new ones by the authority mentioned in Section 51B. Order passed under Section 51B is appealable.

9. On the other hand we find that the power under the second proviso to paragraph 1 of the Schedule A to the Rules is a superintending power. It is a power to direct the Revenue Officer to take note of certain facts while conducting the pending proceeding under Section 51. This ‘power to direct’ is virtually a power to regulate the proceeding pending before the subordinate authority. The directions given under said second proviso are neither ‘decisions’ nor ‘orders’ against which any appeal or revision lies. Such directions only lead the Revenue Officer to make necessary entries in the record-of-rights; and only such entries are subject to revision by the authority mentioned in Section 51B.

10. Therefore, it is clear that said Section 5113 and said second proviso operate in quite different fields. We do not find any conflict between the two provisions. Proceeding initiated under Section 51 is to be conducted following procedure laid down in Schedule A to the Rules. This is only what is provided by Rule 22. While the proceeding progresses before the Revenue Officer according to procedure laid down in paragraph 1 of the schedule, the authority mentioned in the second proviso to said paragraph 1 may only give certain directions to the Revenue Officer. The proceeding leads to making necessary entries in the record-of-rights by the Revenue Officer. Such entries only, can be revised or corrected in revision by the authority mentioned in Section 51B. So, we do not find any reason either to say that the said second proviso seeks to alter the provision of Section 51B; or to say that both of them cannot stand together. [ Calcutta High Court
Ananda Prasad Dey And Ors. And … vs The State Of West Bengal And Ors. on 7 May, 2002
Equivalent citations: (2002) 3 CALLT 195 HC, 2002 (3) CHN 257 DIVISION BENCH]

The West Bengal Premises Tenancy Rules, 1999

LAW LIBRARY

WB LEGISLATIVE ASSEMBLY

1. Short title. – These rules may be called the West Bengal Premises Tenancy Rules, 1999.

2. Definitions. – In these rules, unless the context otherwise requires, –

(a) the expression “the Act” means the West Bengal Premises Tenancy Act, 1997 (West Bengal Act XXXVII of 1997);

(b) “Form” means a Form appended to these rules;

(c) “section” means a section of the Act;

(d) words and expressions used in these rules and not defined shall have the meanings respectively assigned to them in the Act.

3. Form of receipt for rent and charges relating to maintenance of premises. – The receipt referred to in sub-section (1) of section 4 shall be in Form 1.

4. Period within which rent is payable. – Rent shall be paid within the time fixed by contract or, in the absence of such contract, by the fifteenth day of the month following the month for which it is payable:Provided that a tenant may pay the rent payable for any month at any time during such month before it falls due.

5. Manner of making application for eviction of tenant. – An application under sub-section (1) of section 6 for the recovery of possession of any premises shall be made in writing to the Controller by the landlord stating fully the grounds on which the recovery of possession of the premises is sought. Every such application shall contain the following particulars :-

(i) particulars of the premises with description thereof sufficient for identifying the premises (for example, number of the premises and description thereof, if there is any, name of street, postal zone, and name of police station);

(ii) name of the tenant;

(iii) rent payable by the tenant;

(iv) date of creation of the tenancy; and

(v) any other relevant information.

6. Execution of order passed by the Controller as referred to in section 9. – An order passed by the Controller shall be executable by the Controller as a decree of a Civil Court and, for this purpose, the Controller shall have all the powers of a Civil Court.

7. Manner of obtaining permission of the Controller for re-letting premises under section 10. – (1) A landlord who desires to obtain the permission of the Controller under section 10 for re-letting any premises within six months of the date of his occupation of the premises to any person other than the previous tenant, shall make an application in writing to the Controller stating fully the reasons for re-letting the premises and also furnish such other evidence in support of his prayer as the Controller may require.(2) On receipt of the application under sub-rule (1), the Controller shall cause a notice together with a copy of the application to be served on the previous tenant by registered post with acknowledgment due, requiring such tenant to appear before him and to file objections, if any, on such date and at such time as may be specified in the notice, or, if the address of the previous tenant be not known, the Controller shall publish the notice in any local newspaper and affix a copy of the notice in the premises in question and another copy in a conspicuous place in the office of the Controller. The cost of transmission by post and the cost of publication of such notice shall be borne by the applicant landlord.

8. Manner of making applications under section 17 for fixation of fair rent. – An application under section 17 for fixation of fair rent shall be made in writing to the Controller stating fully the facts of the case and the provisions under which fixation of fair rent is claimed. Every such application shall be accompanied by as many true copies thereof as there are parties on whom notices are to be served along with the process-fees as provided in these rules for service of such notices. The applications shall be signed and verified in the manner provided In sub-rules (2) and (3) of rule 15 of Order VI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).

9. Deposit of rent. – (1) Where the landlord does not accept any rent tendered by the tenant within the period specified in rule 4, the tenant shall remit the rent to the landlord by postal money order within fifteen days of such refusal. If the postal money order is returned to the tenant by the postal authority as undelivered, either on account of the landlord having refused to accept the payment thereof or for any other reasons, the tenant himself or by any person on his behalf may deposit such rent in the office of the Controller within fifteen days from the date on which it is so returned to the tenant.(2) Where there is a bona fide doubt as to the person or persons to whom rent is payable, the tenant himself or any person on his behalf may deposit such rent in the office of the Controller.(3) In Kolkata, the deposit of rent may also be made, if the amount does not exceed rupees 100, in the KolKata Collectorate, and, in other cases, in the Reserve Bank of India, Kolkata. In the case where the amount is deposited in a Treasury linked agency bank or in the Treasury of the Kolkata Collectorate or in the Reserve Bank of India, the Officer-in-charge of the Treasury of the Kolkata Collectorate or the Reserve Bank of India, Kolkata, or the Treasury linked agency bank, as the case may be. shall forward forthwith one copy of the challan to the Controller and retain one copy for its record. The third copy of the challan shall be made over to the party depositing the amount.(4) The application referred to in sub-section (4) of section 21 shall be filed in Form 2 and shall be signed and verified in the manner provided in sub-rules (2) and (3) of rule 15 of Order VI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), by the tenant or the person, as aforesaid, and shall be accompanied by challans prepared in triplicate in Form 3. Every such application shall be accompanied by as many true copies thereof as there are landlords or persons claiming the rent along with the process fees as provided in these rules for sending such copy or copies to the landlords or such persons by registered post with acknowledgement due.(5) Landlordwise/tenant-wise register shall be maintained in the office of the Controller in respect of deposit of rent by each tenant.

10. Copy of application for deposit to be sent to the person to whom rent was last paid and to certain other persons. – On receipt of deposit, the Controller shall cause a copy or copies of the application for deposit to be sent by registered post with acknowledgement due to the person to whom the rent was last paid as also to the person or persons mentioned in the application.

11. Manner of withdrawal of deposit of rent. – (1) The application for withdrawal of rent deposited under section 21 shall be filed in Form 4 by the landlord or by the person claiming to be entitled to the rent, either personally or through an agent duly authorised by a power of attorney registered under the provisions of the Registration Act, 1908 (16 of 1908), or through a legal practitioner. Where the application for withdrawal of rent is filed personally by the landlord or by the person claiming to be entitled to the rent or by a duly authorised agent as aforesaid, such landlord or person claiming to be entitled to the rent or duly authorised agent, as the case may be, shall get himself identified before the Controller by a legal practitioner.(2) The name and address of the legal practitioner through whom an application for withdrawal of rent is filed or who identifies the landlord, the person claiming to be entitled to rent, or the duly authorised agent as aforesaid, as the case may be, shall be entered in the registers maintained in the office of the Controller. Such legal practitioner shall, if required by the Controller, produce his licence along with his specimen signature attested by the Secretary or the President of the Bar Association of which he is a member under the office seal, before him and, in such cases, the particulars of the licence and the name of the authority granting the same shall also be entered in the said registers.(3) Payment of rent made to the applicant under the order of the Controller shall be made in the manner provided in Form 4.(4) Before passing an order for payment of deposited rent to the applicant, the original entry in the cash book and in the register of challans for deposits shall be traced and necessary entry with reference to the payment voucher shall be made against the original entry in both the cash book and the register for challans so as to avoid entertainment of double or erroneous payment.

12. Manner of giving notices relating to sub-tenancies under section 26. – Notices of creation and termination of sub-tenancies under sub-section (1) of section 26, and where, before the commencement of the Act, a tenant has sub-let any premises, notices of such sub-letting and the termination of such sub-tenancies under sub-section (2) of that section shall be given by the tenant and the sub-tenant to the landlord by registered post with acknowledgement due and shall contain the following particulars :-

(a) location of the premises let to the tenant with description thereof sufficient for identifying the same (for example, number of the premises and description thereof if there is any, name of the street, postal zone, and police station);

(b) name of the tenant;

(c) name of the sub-tenant;

(d) details of the portion sub-let;

(e) rent payable by the sub-tenant;

(f) date of creation/termination of the sub-tenancy; and

(g) any other relevant information.

13. Manner of payment of fine or sum ordered to be paid under the Act, referred to in Chapter VIII of the Act. – (1) The Controller shall issue a notice of demand to the person on whom a fine is imposed or who has been ordered to pay any sum under the Act. The amount shall be paid by the person fined or ordered to pay the same within such time as may be allowed by the Controller and the Controller may, for good and sufficient reason, extend the time allowed by him. In default of making such payment, the amount shall be recoverable as a fine under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), and the Controller shall be deemed to be a Judicial Magistrate under the said Code for the purpose of such recovery.(2) The fine or the sum, as the case may be, ordered to be paid under the Act, shall be paid by such person in cash in the office of the Controller and the same shall be deposited with the Controller as civil deposit.

14. Manner of service of notices by the Controller. – All notices to be served under the Act by the Controller shall be served by registered post with acknowledgement due or, where this cannot be effected or is not feasible, in such manner as the Controller may deem fit in the circumstances of the case.

15. Manner of service of notice by the tenant under section 36. – Any notice to be served under sub-section (1) of section 36 by the tenant shall be served by registered post with acknowledgement due or, where this cannot be effected or is not feasible, in such manner as the tenant may deem fit in the circumstances of the case.

16. Grant of temporary injunction as referred to in sub-section (6) of section 39. – The Controller may grant temporary injunction in cases which come within the purview of rule 1 and rule 2 of Order XXXIX of the Code of Civil Procedure, 1908 (5 of 1908), and, in such cases, the principles laid down in subsequent rules of Order XXXIX of the said Code shall apply mutatis mutandis.17. Procedure for enquiries. – In making enquiries under the Act, the Controller or the Tribunal shall follow, as nearly as may be, the procedure laid down:

(a) in the case of enquiries relating to offences, in the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of cases, and

(b) in the case of all other enquiries, in the Code of Civil Procedure, 1908 (5 of 1908), for the trial of suits, recording a memorandum of the substances only of the evidence and the reasons for his findings:’ as in the cases in which no appeal lies.

18. Fees. – (1) A fee of seventy-five paise shall be payable on every application made before the Controller under the Act, not being an application mentioned in sub-section (6) of section 21 or section 23.(2) A fee of rupees two shall be payable on every application for withdrawal of any deposit of rent under section 23.(3) The fee chargeable in respect of a certified copy of any application, written statement or document shall be rupees five :Provided that when an application is made at the same time for certified copies of the application, written statement and order in the same case, there shall be charged a consolidated fee of rupees ten for all of them.(4) The fee chargeable for certified copy of notes of evidence and of judgment shall be rupees five (each) per page inclusive of both sides plus forty paise for a folio of 90 words :Provided that when an application is made at the same time for certified copies of notes of evidence, judgment and proceedings of the same case there shall be charged a consolidated fee of rupees ten together with the charge of forty paise each for a folio of 90 words.(5) In the case of an urgent application for copies, an expedition fee of rupees two shall be payable in addition to the fees specified above:Provided that if the copy exceeds four folios, extra charge of forty paise for each extra folio shall be payable.(6) If the Head of any Department or Directorate of the Government applies to the Controller for a certified copy of any final order of the Controller for any public purpose, a certified copy of such order shall be granted to such applicant on plain paper only.(7) In the matter of granting copies of records written in languages other than English and Bengali, the procedure laid down in the Civil Rules and Orders for the guidance of Civil Courts and Officers subordinate to the High Court of Calcutta shall be followed with such modifications as may be necessary.(8) In granting copies of maps of plans, the applicant shall file with the application for copies necessary tracing papers. The cost of copies of such maps or plans shall be assessed by the Controller in such manner as he thinks fit.

19. Searching fee. – In respect of each application for information regarding deposit of rent or for duplicate copies of application for deposit of rent not received by landlords, searching fees shall be levied according to the following scales :-

(i) for deposit made during one month or part – rupees two,

(ii) for deposit made during more than one month –

(a) for the first month – rupees two, and

(b) for each subsequent month or part – rupees one.

20. Fee for correction of challan. – A fee of rupee one shall be payable on every application for correction of a challan depositing rent.21. Process fee. – A process fee at the rate of [rupees thirty-four] for every party on whom a notice is to be served shall be paid in cash with an application referred to in section 10, section 11, section 17, section 26, section 35, section 36 or section 37, or a petition of complaint under section 27, section 28, section 29, section 30, section 31, section 32, section 33 or section 34.22. Process fee for service of notice in the case of deposit of rent by tenant. – A process fee at the rate of[rupees thirty-four] for every party on whom a notice is to be served shall be paid in cash in respect of each deposit of rent under section 21 along with such deposit.23. Process fee for service of notice for the purposes of section 39(3)(a). – A process fee at the rate of [rupees thirty-four] for every party on whom a notice is to be served under clause (a) of sub-section (3) of section 39 shall be paid in cash by the applicant seeking relief under the Act.24. Fee for affidavit. – An affidavit sworn before the Controller shall be charged with a fee of rupees ten payable in non-judicial stamps.25. Fees to be paid in Court-fee stamps. – The fees referred to in these rules shall, unless otherwise expressly provided, be paid in Court-fee stamps.

Form 1

[See rule 3]

Receipt for the payment of rent and other charges

Received this day the amount of (a) Rs…………… (Rupees…..) and (b) Rs……. (Rupees..;……) as for the rent and maintenance charges respectively from Shri/Shrimati……………in respect of the premises detailed below for the month of………..year………Details of the premises let out :

STAMP

Date

Signature of the Landlord or his authorised agent

Form 2

[See rule 9(4)]

Application for deposit of rent under section 21 of the West Bengal Premises Tenancy Act, 1997

(West Bengal Act XXXVII of 1997)

Before the Controller…………………………….

Name…………………………………………….Tenant/Applicant

Versus

Name…………………………………………………Landlord/

Person or Persons claiming to be entitled to rent.The applicant prays for permission to deposit the rent of the premises as per particulars furnished below :-

(a) Particulars of the premises with description thereof sufficient for identifying the same (for example, No. of premises, name of street, police station)

(b) Period for which the rent is to be deposited

(c) Amount of rent to be deposited

(d) Date of receipt of the last rent paid (duly attested photocopy of the receipt to be enclosed)

(e) Date of return of money order form by the postal authority (duly attested photocopy of the form to be enclosed)

(f) Name and address of the landlord or the person or persons claiming to be entitled to such rent

(g) Reasons for, and circumstances of, application for deposit of the rent (to be filled in for subsequent deposits only)

(h) Period for which the rent was last deposited

(i) No. of challan with date under which the above deposit was made

(j) Reasons for, and circumstances of the deposit of rent last made.

Verification

The statements made above are true to the best of my knowledge and belief and I the applicant/the agent sign this application on the…………. day of……….. 20…….or…………. B.S.

Signature of the Applicant/Agent

Form 3

[See rule 9(4)]

Challan

Part I

To be filled in by the payer

Particulars of the premises

Name and address of the person or persons on whose behalf the money is tendered

Name and address of the landlord or person or persons to whose credit the amount is to be placed in deposit

In the case of bona fide doubt as to the person or persons to whom rent is payable, the name of the person to whom the rent was last paid and the name and address of the person/ persons who, to the tenant’s best information and belief, is/ are the landlord entitled to receive it.

Particulars of receipt

Amount deposited

Remarks if any

The specification of the premises in respect of which the deposit is made

The period for which the rent is deposited

As rent

As maintenance charge

As process fee or other charges

(1)

(2)

(3)

(4)

(5a)

(5b)

(6a)

(6b)

(6c)

(7)

………………………..
Signature of the Clerk-in-charge
of the office of the Controller

……………………………………….
Signature of the person
tendering the money

Dated………..

Part II

To be filled in by the Clerk-in-charge of the office of the Controller

Number and date in Register of Challans

Account to be credited whether civil deposits, fines and forfeitures, stamp-duty and penalties, or miscellaneous of other receipts

Remarks

(1)

(2)

(3)

……………………………….Signature of Controller’sAccountant/Clerk-in-chargeToThe Cashier, the Controller’s Office/Officer-in-charge of the Treasury at……. /Reserve Bank of India/State Bank of India/Central Bank of India or United Bank of India.Receive and credit the above sum if tendered to you today/next working day before 2 p.m. on weekdays and before 12 noon on Saturdays.Dated :…………

…………………………………..

Signature of the Controller

Part III

To be used by the Cashier of the Controller’s office/Treasury/Reserve Bank of India/State Bank of India/Central Bank of India/United Bank of India

Received payment of Rs……….. (in figures) [Rupees……………….in words)]Dated

……………………………

Cashier of the Controller’s office/
Treasury/Reserve Bank of India/
State Bank of India/Central Bank of
India/United Bank of India

Part IV

To be used by the Controller’s office (in the case of deposits made in the Controller’s office)

Certificate

Examined and entered in the books of the Controller’s office.Clerk-in-charge/ Accountant
of the office of the Controller
Dated :……………………………………………

Signature of the Controller

Form 4

[See rule 11(1)]

Application for withdrawal of rent deposited under section 21 of the West Bengal Premises Tenancy Act, 1997

(West Bengal Act XXXVII of 1997)

Before the Controller………………………………….Name……………………….Petitioner

Versus

Name:…………………………………….Depositor

Praying that the above-named landlord/landlords/ person claiming to be entitled to the rent be paid the amount of rent as per following deposit, the other particulars of which are given in the Annexure :Re : Rent for the month of………………….Challan No………………….Deposit Receipt No….;……………………….Rs…… (Rupees………………………..)Applicant-Landlord/Applicant-Landlordsor Duly Authorised Agent/Legal Practitionerfor Applicant-Landlord/Applicant-Landlords

Identified by
………………….
………………….
Signature

Dated

Annexure

Order for withdrawal of rent deposited under section 21 of the West Bengal Premises Tenancy Act, 1997

(West Bengal Act XXXVII of 1997)

Part – To be filled in by the petitioner

Name/ Names and address/ addresses of applicant or applicants

Name/ Names and address/ addresses of the landlord or person or persons to whose credit the rent was deposited

Name and address of the tenant on whose behalf the rent was deposited.

Specification of the premises and the period to which the rent relates

Amount of rent deposited with Controller. Number and date of the original deposit

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

Examined and found correct.

………………………..
Signature of the Clerk-in-charge/
Accountant

………………………..
Signature of Applicant/Applicants/
Duly Authorised Agent/Legal Practitioner
for Appllicant/Applicants

Part II – To be filled in by the Controller’s office

Serial No. and date of payment order

Challan No. and date of the original deposit from which the payment is sought

Amount of deposit

At whose credit deposit made

(1)

(2)

(3)

(4)

VerifiedPlease issue cheque in favour of……………………. for Rupees ……………………..

………………………..
Signature of the Controller’s
Accountant

……………………………………….
Signature of the Controller/Officer
authorised by him

Part III – To be filled in by the payee

Received contents, Rupees ……………….

STAMP

…………………………….
Payee’s signature and date

West Bengal State Acts

STATE ACTS – STATE LAWS-

WB LEGISLATIVE ASSEMBLY

Albert Victor Leper Hospital (Abolition) Act, 1956
Bangabasi Group of Colleges (Taking Over of Management) Act, 1978
Barakar Electric Supply Installations Acquisition Act, 1981
Basumati Private Limited (Acquisition of Undertaking) Act, 1974
Bengal (Aliens) Disqualification Act, 1918
Bengal Aerial Ropeways Act, 1923
Bengal Agricoltural and Sanitary Improvement Act, 1920
Bengal Agricoltural Debtors Act, 1936
Bengal Agricoltural Income-Tax Act, 1944
Bengal Alienation of Agricoltural Land (Temporary Provisions) Act, 1944
Bengal Alluvial Lands Act, 1920
Bengal Alluvion (Amendment) Act, 1868
Bengal Amusements Tax Act, 1922
Bengal Births and Deaths Registration Act, 1873
Bengal Borstal Schools Act, 1928
Bengal Children Act, 1922
Bengal Criminal Law (Arms and Explosives) Act, 1932
Bengal Criminal Law (Industrial Areas) Amendment Act, 1942
Bengal Criminal Law Amendment (Supplementary) Act, 1925
Bengal Criminal Law Amendment Act, 1930
Bengal Criminal Law Amendment Act, 1934
Bengal Decentralization Act, 1915
Bengal Development Act, 1935
Bengal Diseases of Animals Act, 1944
Bengal Electricity Duty Act, 1935
Bengal Embankment (Sundarbans) Act, 1915
Bengal Embankment Act, 1882
Bengal Excise Act, 1909
Bengal Famine Insurance Fund Act, 1938
Bengal Ferries Act, 1885
Bengal Food Adolteration Act, 1919
Bengal General Clauses Act, 1899
Bengal Ghatwali Lands Act, 1859
Bengal Irrigation Act, 1876
Bengal Land-Revenue (Interest) Act, 1935
Bengal Land-Revenue Sales Act, 1859
Bengal Land-Revenue Settlement Act, 1868
Bengal Landholders’ Attendance Act, 1848
Bengal Laws Act, 1914
Bengal Legislature Assembly (Members’ Emoluments) Act, 1937
Bengal Local Self-Government Associations (Recognition) Act, 1936
Bengal Medical Act, 1914
Bengal Money-Lenders Act, 1933
Bengal Money-Lenders Act, 1940
Bengal Muhammadan Marriages and Divorces Registration Act, 1876
Bengal Nurses Act, 1934
Bengal Official Language Act, 1961
Bengal Opium Smoking Act, 1932
Bengal Opium Smoking Act, 1932
Bengal Orphanages and Widows’ Homes Act, 1944
Bengal Places of Public Amusement Act, 1933
Bengal Police Act, 1869
Bengal Ports Act, 1867
Bengal Public Demands Recovery (Validation of Certificates and Notices) Act,1961
Bengal Public Demands Recovery Act, 1913
Bengal Public Parks Act, 1904
Bengal Rent (Appeals) Act, 1867
Bengal Rent Act, 1862
Bengal Rent Recovery (Under-Tenures) Act, 1865
Bengal Rent Settlement Act, 1879
Bengal Rhinoceros Preservation Act, 1932
Bengal Rural Poor and Unemployed Relief Act, 1939
Bengal Smoke-Nuisances Act, 1905
Bengal Smuggling of Arms Act, 1934
Bengal State Aid to Industries Act, 1931
Bengal Suppression of Immoral Traffic Act, 1933
Bengal Suppression of Terrorist Outrages Act, 1932
Bengal Survey Act, 1875
Bengal Tanks Improvement Act, 1939
Bengal Touts Act, 1942
Bengal Tramways Act, 1883
Bengal Vagrancy Act, 1943
Bengal Village Self-Government (Temporary Provisions) Act, 1935
Bengal Village Self-Government Act, 1919
Bengal Wakf Act, 1934
Bengal Water Hyacinth Act, 1936
Bengal Waterways Act, 1934
Bengal Workmen’s Protection Act, 1935
Bengal, Agra and Assam Civil Courts Act, 1887
Berhampore Electric Supply Company Limited (Undertaking) Acquisition Act, 1981
Bidhan Chandra Krishi Viswavidyalaya Act, 1974
Birla College of Science and Education (Taking Over of Management) Act,1979
Britania Engineering Company Limited (Titagarh Unit) (Acquisition and Transfer of Undertakings) Act, 1984
Burdwan University Act, 1981
Calcutta and Suburban Police (Superannuation Fund) Act, 1905
Calcutta Burial Boards Act, 1881
Calcutta Burial Boards Act, 1889
Calcutta Disturbances Commission of Enquiry Act, 1946
Calcutta Hackney-Carriage Act, 1919
Calcutta High Court (Jurisdictional Limits) Act, 1919
Calcutta Improvement Act, 1911
Calcutta Land-Revenue Act, 1850
Calcutta Land-Revenue Act, 1856
Calcutta Metropolitan Water and Sanitation Authority Act, 1966
Calcutta National Medical College and Hospital Act, 1967
Calcutta Official Receiver’s Act, 1938
Calcutta Police Act, 1866
Calcutta Police Act, 1898
Calcutta Port Act, 1890
Calcutta Sheriff’s Act, 1948
Calcutta Slum Clearance and Rehabilitation of Slum-Dwellers Act, 1958
Calcutta Sports Act, 1955
Calcutta Suburban Police Act, 1866
Calcutta Survey Act, 1887
Calcutta Tramways (Electric Traction) Act, 1900
Calcutta Tramways Act, 1880
Calcutta Tramways Act, 1894
Calcutta Tramways Act, 1951
Calcutta Tramways Company (Acquisition of Undertaking) Act, 1976
Calcutta Tramways Company (Taking Over of Management) Act, 1967
Calcutta University Act, 1979
Calcutta Vehicles Act, 1927
Canals Act, 1864
Cess Act, 1880
Chanchal College (Taking Over of Management) Act, 1976
Chandernagore (Assimilation of Laws) Act, 1955
City Civil Court Act, 1953
City Sessions Court Act, 1953
Contingency Fund of West Bengal Act, 1950
Cooch Behar (Assimilation of State Laws) Act, 1950
Cooch Behar Disturbances Enquiry Act, 1951
Court of Wards Act, 1879
D. N. De Homoeopathic Medical College and Hospital (Taking Over of Management and Subsequent Acquisition) Act,1983
Darjeeling and Kurseong Municipal (Porters) Act, 1883
Darjeeling Ropeway Company Limited (Acquisition of Undertaking) Act,1976
Darjeeling Steam Tramway Act, 1879
Departmental Proceedings (Enforcement of Attendance of Witnesses and Management and Subsequent Acquisition) Act,1983
Departmental Proceedings (Enforcement of Attendance of Witnesses and Production of Documents) Act1973
Doveton Trust Act, 1914
Durgapur (Development and Control of Building Operations) Act, 1958
Eastern Distilleries (Private) Limited (Acquisition and Transfer of Undertaking) Act,1983
Eastern Frontier Rifles (West Bengal Battalion) Act, 1920
Estates Partition Act, 1897
Gangasagar Mela Act, 1976
Garden Reach Municipality Act, 1932
Goondas Act, 1923
Great Eastern Hotel (Acquisition of Undertaking) Act, 1980
Great Eastern Hotel (Taking Over of Management ) Act, 1975
Hoogly River Bridge Act, 1969
Howrah Bridge Act, 1926
Howrah Improvement Act, 1956
Howrah Municipal (Repealing) Act, 1974
Howrah Municipal (Temporary Provisions) Act, 1933
Howrah Municipal Corporation Act, 1980
Howrah Offences Act, 1857
Howrah-Amta Light Railway Company (Acquisition of Land) Act, 1976
Indian College of Arts and Draftsmanship (Taking Over of Management) Act 1977
Indian Red Cross Society (Bengal Branch) (Validation) Act, 1964
Indian Red Cross Society (Bengal Branch) Act, 1920
Indian Stamp Act, 1899
Jadavpur University Act, 1981
K. S. Ray Tubercolosis Hospital Acquisition Act, 1979
Kalyani University Act, 1981
Kolkata Homoeopathic Medical College and Hospital (Taking Over of Management and Subsequent Acquisition) Act,1983
Kolkata Municipal Corporation Act, 1980
Kolkata Thika Tenancy (Acquisition and Regolation) Act, 1981
Lady Dufferin Victoria Zenana Hospital Act, 1955
Land Acquisition Act, 1894
Land Records Maintenance Act, 1895
Land Registration Act, 1876
Lowis Jubilee Sanitarium (Taking Over of Management) Act, 1976
Lumbini Park Mental Hospital Acquisition Act, 1984
Mackintosh Burn (Taking Over of Management) Act, 1976
Mahajati Sadan Act, 1949
Mayo Hospital Acquisition Act, 1982
Midnapore Homoeopathic Medical College and Hospital (Taking Over of Management and Subsequent Acquisition) Act,1984
Murshidabad Estate (Management of Properties) and Miscellaneous Provisions Act,1980
National Defence Fund (West Bengal Collection) Act, 1962
National Iron and Steel Company Limited (Acquisition and Transfer of Undertakings) Act,1984
Netaji Nagar College (Taking Over of Management) Act, 1978
Niramoy Group of Institutions Acquisition Act, 1982
North Bengal University Act, 1981
North Suburban Hospital Acquisition Act, 1980
Opium Act, 1878
Oriental Gas Company Act, 1960
Paschim Banga Ayurvedic System of Medicine Act, 1961
Paschim Banga Unani System of Medicine Act, 1979
Presidency Small Cause Courts Act, 1882
Presidency-Towns Insolvency Act, 1909
Private Fisheries Protection Act, 1889
Prohibition of Smoking In Passenger Vehicles Act, 1953
Protection of Muhammadan Pilgrims Act, 1896
Puri Lodging-House and the Puri Lodging House (Extension) (Repealing) Act1964
R. G. Kar Medical College and Hospital Act, 1958
Rabindra Bharati Act, 1981
Rabindra Coltural Institutions (Taking Over of Management) Act, 1980
Ramrikdas Haralalka Hospital Acquisition Act, 1982
Raw Jute (Central Jute Board and Miscellaneous Provisions) Repealing Act,1952
Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised Occupation of Land (Continuance of Provisions) Act,1964
S. B. Dey Sanatorium Acquisition Act, 1979
Sadar and Subdivisional Hospitals Act, 1955
Sagore Dutt Hospital Act, 1958
Serampore College Act, 1918
Sree Balaram Seva Mandir Acquisition Act, 1978
Sree Saraswaty Press Limited (Acquisition and Transfer of Undertakings) Act,1984
Sri Aurobindo Memorial Act, 1972
Sri Ramkrishna Sarada Vidya Mahapitha Act, 1973 (PDF)
St. Thomas’ School Act, 1923
Sundarbans Act, 1905
Technicians’ Studio Private Limited Act, 1980
Transferred Territories (Application of West Bengal Tax Laws) Act, 1957
Tribunals of Criminal Jurisdiction Act, 1952
Tolsiram Lakshmi Devi Jaiswal Hospital Act, 1962
University of Calcutta (Matricolation Examination) Act, 1951
Upendra Nath Mukherjee Memorial Hospital Acquisition Act, 1982
Vidyasagar University Act, 1981
Village Chaukidari Act, 1870
Waste Lands (Requisitioning and Utilization) Act, 1952
West Bengal (Compolsory Censorship of Film Publicity Materials) Act, 1974
West Bengal Acquisition and Settlement of Homestead Land Act, 1969
West Bengal Acquisition of Homestead Land for Agricoltural Labourers,Artisans and Fishermen Act,1975
West Bengal Agricoltural Credit Operations Act, 1973
West Bengal Agricoltural Income-Tax (Notices) Act, 1952
West Bengal Agricoltural Lands and Fisheries (Acquisition and Resettlement) Act,1958
West Bengal Agricoltural Produce Marketing (Regolation) Act, 1972
West Bengal Alienation of Land (Regolation) Act, 1960
West Bengal Animal Slaughter Control Act, 1950
West Bengal Anti-Profiteering Act, 1958
West Bengal Bargadars Act, 1956
West Bengal Bhudan Yagna (Repealing) Act, 1979
West Bengal Board of Secondary Education Act, 1963
West Bengal Cattle Licensing Act, 1959
West Bengal Cement Control Act, 1948
West Bengal Central Valuation Board Act, 1978
West Bengal Children Act, 1959
West Bengal Cinemas (Regolation) Act, 1954
West Bengal Clinical Establishments (Registration and Regolation) Act, 2010
West Bengal Clinical Establishments Act, 1950
West Bengal Closing of Canals Act, 1959
West Bengal Co-Operative Societies Act, 1983
West Bengal Cold Storage (Licensing and Regolation) Act, 1966
West Bengal Collective Fines Act, 1950
West Bengal College Service Commission Act, 1978 (PDF)
West Bengal College Teachers (Security of Service) Act, 1975
West Bengal Colleges (Payment of Salaries) Act, 1978
West Bengal Comprehensive Area Development Act, 1974
West Bengal Consolidated Fund (Charged Expenditure) Act, 1951
West Bengal Cooperative Societies Act, 2006
West Bengal Corneal Grafting Act, 1965
West Bengal Council of Higher Secondary Education Act, 1975
West Bengal Court-Fees Act, 1970
West Bengal Criminal Law Amendment (Special Courts) Act, 1949
West Bengal Cruelty to Animals (Repeal of Laws) Act, 1974
West Bengal Dental Board Act, 1950
West Bengal Dentists (Repealing) Act, 1951
West Bengal Development Corporation Act, 1954
West Bengal District Boards Act, 1947
West Bengal District School Boards Act, 1947
West Bengal Districts (Change of Name of Deputy Commissioners) Act,1984
West Bengal Disturbances Commission of Enquiry Act, 1950
West Bengal Disturbed Areas Act, 1947
West Bengal Drugs (Control) Act, 1950
West Bengal Duty on Inter-State River Valley Authority Electricity Act, 1973
West Bengal Entertainment-Cum-Amusement Tax Act, 1982
West Bengal Entertainments and Luxuries (Hotels and Restaurants) Tax Act,1972
West Bengal Estates Acquisition Act, 1953
West Bengal Evacuee Property Act, 1951
West Bengal Factories and Mines (Control of Dismantling) Act, 1948
West Bengal Fire Services (Maintenance of Discipline) Repealing Act,1978
West Bengal Fire Services Act, 1950
West Bengal Fiscal Responsibility and Budget Management Act, 2010
West Bengal Fisheries (Requisition and Acquisition) Act, 1965
West Bengal Gambling and Prize Competitions Act, 1957
West Bengal Government Premises (Regolation of Occupancy) Act, 1984
West Bengal Government Premises (Tenancy Regolation) Act, 1976
West Bengal Government Townships (Extension of Civic Amenities) Act, 1975
West Bengal Gramdan (Repealing) Act, 1979
West Bengal Highways Act, 1964
West Bengal Home Guards Act, 1962
West Bengal Homoeopathic System of Medicine Act, 1963
West Bengal Housing Board Act, 1972
West Bengal Industrial Infra-Structure Development Corporation Act,1974
West Bengal Inland Fisheries Act, 1984
West Bengal Irrigation (Imposition of Water Rate for Damodar Valley Corporation Water) Act,1958
West Bengal Irrigation (Imposition of Water Rate) Act, 1974
West Bengal Jute (Control of Prices) Act, 1950
West Bengal Jute Goods (Control) Act, 1950
West Bengal Jute Goods Act, 1950
West Bengal Khadi and Village Industries Board Act, 1959
West Bengal Labour Welfare Fund Act, 1974
West Bengal Land (Requisition and Acquisition) (Validation of Orders) Act,1965
West Bengal Land (Requisition and Acquisition) Re-Enacting Act, 1977
West Bengal Land Development and Planning Act, 1948
West Bengal Land Reforms Act, 1955 (PDF)
West Bengal Land Reforms and Tenancy Tribunal Act,1997
West Bengal Land-Revenue and Cess (Apportionment) Act, 1963
West Bengal Land-Revenue, Rent and Cess (Apportionment) Act, 1948
West Bengal Legislative Assembly Proceedings (Protection of Publication) Act,1978
West Bengal Legislature (Removal of Disqualifications) Act, 1952
West Bengal Lifts and Escalators Act, 1955
West Bengal Lifts and Escalators Act,1955
West Bengal Livestock Improvement Act, 1954
West Bengal Local Authorities (Postponement of Elections) Repealing Act,1963
West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act,1952
West Bengal Maintenance of Public Order Act, 1972
West Bengal Mazdoor, Tindal, Loader, Godownman and other Workers (Regolation of Employment and Welfare) Act,1981
West Bengal Medical and Dental Colleges (Regolation of Admission) Repealing Act,1977
West Bengal Mining Settlements (Health and Welfare) Act, 1964
West Bengal Molasses Control Act, 1973
West Bengal Motor Vehicles Tax Act, 1979
West Bengal Municipal Corporation (Amendment) Act, 2007
West Bengal National Volunteer Force Act, 1949
West Bengal Nationalised Text-Books Act, 1977
West Bengal Non-Agricoltural Tenancy Act, 1949
West Bengal Non-Government Educational Institutions and Local Authorities (Control of Provident Fund of Employees) Act,1983
West Bengal Non-Trading Corporations Act, 1965
West Bengal Panchayat Act, 1957
West Bengal Panchayat Act, 1973
West Bengal Payment of Subsistence Allowance Act, 1969
West Bengal Police Act, 1952
West Bengal Pre-University, University Entrance and Three-Year Degree Course (Discontinuance of Admission for Prosecution of Study) Act,1978
West Bengal Premises Rent Control (Temporary Provisions) (Barrackpore and Tollygunge)(Validation) Act,1955
West Bengal Premises Requisition and Control (Temporary Provisions) Act,1947
West Bengal Premises Tenancy Act, 1956
West Bengal Premises Tenancy Act, 1997
West Bengal Preservation of Historical Monuments and Objects and Excavation of Archaeological sites Act,1957
West Bengal Prevention of Defacement of Property Act, 1976
West Bengal Primary Education Act, 1973
West Bengal Private Forests Act, 1948
West Bengal Prohibition of Smoking in Show Houses and Public Halls Act,1950
West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962
West Bengal Public Libraries Act, 1979
West Bengal Raw Jute Futures Act, 1948
West Bengal Relief of Rural Indebtedness Act, 1975
West Bengal Relief Undertakings (Special Provisions) Act, 1972
West Bengal Requisitioning of Vehicles Act, 1979
West Bengal Restoration of Alienated Land Act, 1973
West Bengal Restriction on Construction in Unsafe Areas Act, 1979
West Bengal Right to Public Services Act, 2013
West Bengal Rural Employment and Production Act, 1976
West Bengal Rural Indebtedness Relief Act, 1975
West Bengal Salaries and Allowances Act, 1952
West Bengal Schedoled Castes and Schedoled Tribes (Reservation of Vacancies in Services and Posts) Act,1976
West Bengal Schedoled Castes Development and Finance Corporation Act,1976
West Bengal Separation of Judicial and Executive Functions Act, 1970
West Bengal Settled Estates (Repealing) Act, 1973
West Bengal Shops and Establishments Act, 1963
West Bengal Slum Areas (Improvement and Clearance) Act, 1972
West Bengal Societies Registration Act, 1961
West Bengal Standards of Weights and Measures (Enforcement) Act, 1958
West Bengal State Higher Educational Institutions (Reservation in Admission) Act,2013
West Bengal State Laws (Extension to Cooch Behar) Act, 1950
West Bengal State Tax on Professions, Trades, Callings and Employments Act,1979
West Bengal State Tubewell and Lift Irrigation Act, 1974
West Bengal Tanks (Acquisition of Irrigation Rights) Act, 1974
West Bengal Tax on Entry of Goods into Local Areas Act, 2012
West Bengal Traffic Regolation Act, 1965
West Bengal Transferred Territories (Assimilation of Laws) Act, 1958
West Bengal Transport Infrastructure Development Fund Act, 2002
West Bengal Transport Undertakings (Prevention of Ticketless Travel) Act, 1975
West Bengal Universities (Control of Expenditure) (Cessation of Applicaation) Act,1979
West Bengal Universities (Control of Expenditure) Act, 1976
West Bengal University Laws (Amendment) (No.2) Act, 1976
West Bengal University Laws (Amendment) Act, 2011
West Bengal University Laws Amendment (Repealing) Act, 1977
West Bengal Utilisation of Land for Production of Food Crops Act, 1969
West Bengal Vaccination Act, 1973
West Bengal Veterinary Practitioners Act, 1960
West Bengal Wild Life Preservation Act, 1959
West Bengal Workmen’s House-Rent Allowance Act, 1974
West Bengal Zilla Parishads Act, 1963
West Dinajpur Union Boards Act, 1950

Chief Ministers of West Bengal

WB LEGISLATIVE ASSEMBLY

# Name Took Office Left Office Political Party
1 Prafulla Chandra Ghosh

1891–1983

15 August 1947 14 January 1948 Indian National Congress
2 Bidhan Chandra Roy

1882 –1962

14 January 1948 1 July 1962 Indian National Congress
President’s rule 1 July 1962 8 July 1962
3 Prafulla Chandra Sen 8 July 1962 15 March 1967 Indian National Congress
4 Ajoy Kumar Mukherjee 15 March 1967 2 November 1967 Bangla Congress in United Front
5 Prafulla Chandra Ghosh 2 November 1967 20 February 1968 Nonparty in Progressive Democratic Alliance Front
President’s rule 20 February 1968 25 February 1969
6 Ajoy Kumar Mukherjee 25 February 1969 19 March 1970 Bangla Congress in United Front
President’s rule 19 March 1970 2 April 1971
7 Ajoy Kumar Mukherjee 2 April 1971 28 June 1971 Indian National Congress in coalition
President’s rule 28 June 1971 19 March 1972
8 Siddhartha Shankar Ray 19 March 1972 21 June 1977 Indian National Congress
9 Jyoti Basu 21 June 1977 6 November 2000 Communist Party of India (Marxist) in Left Front
10 Buddhadeb Bhattacharya 6 November 2000 13 May 2011 Communist Party of India (Marxist) in Left Front
11 Mamata Banerjee 20 May 2011 Incumbent All India Trinamool Congress

Prime Minister of Bengal (1937–1947) under Government of India Act 1935

No Name Term(s) Party
1 Sher-e-Bangla
A. K. Fazlul Huq
1 April 1937 – 1 December 1941
12 December 1941 – 29 March 1943
Krishak Praja Party
2 Sir Khawaja Nazimuddin 29 April 1943 – 31 March 1945 All India Muslim League
3 H. S. Suhrawardy 23 April 1946 – 14 August 1947 All India Muslim League

The West Bengal Government Premises (Tenancy Regulation) Act, 1976

Keywords:- Tenancy- Government premises-

WB LEGISLATIVE ASSEMBLY

West Bengal Act 19 of 1976

[1st April, 1976]

Assent of President of India was published in the Calcutta Gazette, Extraordinary, dated the 1st April, 1976.

An Act to provide for the regulation of certain incidents of tenancy in relation to Government premises in West Bengal.

Whereas it is expedient to provide for the regulation of certain incidents of tenancy in relation to Government premises in West Bengal and for matters connected therewith or incidental thereto;

It is hereby enacted as follows:-

1. Short title and extent. – (1) This Act may be called the West Bengal Government Premises (Tenancy Regulation) Act, 1976.

(2) It extends to the whole of West Bengal.

2. Definitions. – In this Act, unless the context otherwise requires, –

[(1a) “Appellate Authority” means any authority, superior in rank to the prescribed authority, appointed by the State Government in respect of a local area for the purpose of [the third proviso to clause (a) of sub-section (3) of section 3 and] sub-section (2) of section 6C, and includes different such authorities for different local areas;]

(a) “Government premises” means any premises which is owned by the State Government or by a Government undertaking but does not include the official residence of any person authorised to occupy and premises in consideration of the office which he holds under the State Government or a Government undertaking for the time being;

(b) “Government undertaking” means a body corporate constituted by or under a Central or State Act which is under the administrative control of the State Government or in which the State Government has exclusive proprietary interest;

(c) “premises” means any building or hut and includes part of a building or hut and a seat in a room, let separately, and also includes, –

(i) the gardens, grounds and out-houses, if any, appurtenant thereto,
(ii) any furniture supplied or any fittings or fixtures affixed for the use of the tenant in such building, hut or seat in a room, as the case may be;

(d) “prescribed” means prescribed by rules made under this Act;

(e) “prescribed authority” means an authority appointed by the State Government in respect of a local area, by notification in the Official Gazette, for carrying out the purposes of this Act and includes different such authorities for different local areas;

(f) “tenant” means any person by whom the rent of any premises is, or but for a special contract would be, payable and includes in the event of such person’s death, such of his heirs as were ordinarily residing with him at the time of his death.

3. Termination of tenancy. – (1) Every tenancy held by a tenant in respect of a Government premises shall stand terminated upon the expiry of the period referred to in a notice to quit served upon such tenant in the prescribed manner.

(2) A tenancy in respect of a Government premises shall stand automatically terminated without any notice to quit where the tenant has, –

(i) violated the terms of the lease, or
[(ia) subsequently built a house or acquired (by purchase, gift, inheritance, lease, exchange or otherwise) a house or an apartment, either in his own name or in the name of any member of his family, within a reasonable distance from such Government premises.]

Explanation. – For the purposes of this section and section 3A, –

(a) “apartment” shall have the same meaning as in the West Bengal Apartment Ownership Act, 1972;
(b) “family” shall include parents and other relations of the tenant who ordinarily reside with him and are dependant on him;
(c) “reasonable distance” shall mean any distance not exceeding twenty-five kilometres, or
(ii) made default in payment of rent for three consecutive months :

Provided that where the tenancy has terminated on account of default in payment of rent for three consecutive months the prescribed authority may, upon application made by the tenant within such time as may be prescribed and upon deposit of all the arrears of rent together with interest at the prescribed rate, grant renewal of the tenancy in favour of the tenant :

Provided further that the prescribed authority may, on sufficient cause being shown, grant renewal of the tenancy in favour of the tenant on deposit of fifty per cent, of the arrears of rent along with the application for renewal of tenancy and direct the tenant to deposit the balance of the arrears of rent with interest on the entire amount at the prescribed rate in twelve monthly instalments commencing from the month following the month of such renewal of tenancy, and if the tenant fails to deposit any such instalment the tenancy so renewed shall stand automatically terminated:

Provided further that the prescribed authority may, if it is satisfied that the tenant has failed to pay rent due to circumstances beyond his control and is not in a position to deposit fifty per cent, of the arrears of rent along with the application for renewal of tenancy grant renewal of the tenancy in favour of the tenant on deposit of twenty-five per cent, of the arrears of rent along with the application for renewal of tenancy and direct the tenant to deposit the balance of the arrears of rent with interest on the entire amount at the prescribed rate in such number of monthly instalments, not less than twelve and not more than thirty-six, as the prescribed authority may consider reasonable, commencing from the month following the month of such renewal of tenancy, and if the tenant fails to deposit any such instalment, the tenancy so renewed shall stand automatically terminated:

Provided also that notwithstanding the termination of the tenancy the State Government or the Government undertaking, as the case may be, shall be entitled to recover an arrears of rent for the period for which the tenancy subsisted and mesne profits thereafter for so long as the tenant remained in occupation of the premises.

(3)(a) Where any Government premises allotted to a tenant remains under lock and key for a period of more than three consecutive months or where the tenant or any member of his family is not ordinarily resident of such Government premises, the tenancy in respect of such Government premises shall stand automatically terminated:

Provided that if the prescribed authority is satisfied that the circumstances, under which such Government premises remains under lock and key for more than three consecutive months or the tenant or any member by his family is not ordinarily a resident of such Government premises, are beyond the control of the tenant, it may allow the tenancy to subsist:

Provided further that the prescribed authority shall give the tenant a notice and an opportunity of being heard before such termination:

Provided also that an appeal shall lie to the Appellate Authority against an order determining non-occupation for a period of three consecutive months or non-residence by the tenant or any member of his family under the above provisos within fifteen days from the date of the order passed by the prescribed authority and, in such case, the decision of the Appellate Authority shall be final.

(b) A tenant shall be deemed to be ordinarily resident of a Government premises if he or any member of his family generally resides in such Government premises for not less than ninety days in a period of four consecutive months.

(c) The provisions of this sub-section shall have effect notwithstanding anything contained in this Act or in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act, or in any decree or order of any court, tribunal or other authority, and nothing contained in the Transfer of Property Act, 1882, or the Indian Contract Act, 1872, or the West Bengal Premises Tenancy Act, 1956, shall apply, or shall be deemed ever to have applied, to the tenancy as aforesaid and such tenancy shall take effect, and shall be deemed always to have taken effect, as if the Transfer of Property Act, 1882, or the Indian Contract Act, 1872, or the West Bengal Premises Tenancy Act, 1956, had not been passed.

3A. Tenancy to be void if held by a tenant owning a house or apartment on the date of allotment of a Government premises. – A tenancy in respect of a Government premises shall be deemed to be void where on the date of allotment of such Government premises the tenant is, or had been, the owner of a house or an apartment, either in his own name or in the name of any member of his family, within a reasonable distance from such Government premises.

4. Restoration of possession. – (1) Upon termination of a tenancy under any of the provisions of section 3 [or upon a tenancy being void under section 3A], the tenant shall forthwith restore vacant possession of the premises occupied by him in favour of the prescribed authority.

(2) If the tenant fails to restore possession of the premises under sub-section (1), the prescribed authority or any officer authorised by him in this behalf may take such steps or use force as may be necessary to take possession of the premises and may also enter into such premises for the aforesaid purpose.

5. Penalty for unauthorised subletting. – If any tenant sublets or inducts any person in the premises occupied by him or in any part of it, in violation of the terms of lease governing his tenancy the tenant as well as the person in unauthorised occupation of the premises shall be liable on conviction to imprisonment for a term which may extend to six months or to fine which may extend to one thousand rupees or to both.

6. Penalty for failure to deposit rent in time. – If by virtue of a tripartite agreement an employer is authorised to collect the rent payable by the tenant who is the employee of such employer and deposit the same in favour of the State Government or the Government undertaking, as the case may be, then for failure on the part of the employer to make such deposit within the time agreed upon, the employer or in case the employer is a company or other body corporate or an association of persons (whether incorporated or not), every director, manager, secretary, agent or other officer or persons concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be liable on conviction to a fine which may extend to five thousand rupees and in case of a continuing offence, to a further fine which may extend to one hundred rupees for each day during which the offence continues.

6A. Eviction of unauthorised occupants and penalty for such occupation. – Where any person, not being a tenant, occupies, or remains in occupation of, any Government premises without the written order of the prescribed authority,-

(a) the prescribed authority, or any officer authorised by it is this behalf, may take such steps and use such force as may be necessary to take possession of the premises and may also enter into the premises for the said purpose; and
(b) such person shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

6B. Offence under the Act to be cognizable. – An offence punishable under section 5 or clause (b) of section 6A shall be cognizable.

6C. Payment of compensation. – (1) Where any damage beyond normal wear and tear has been caused to any Government premises the possession of which has been taken from a tenant under the provisions of section 4, or where any damage has been caused to any Government premises the possession of which has been taken under the provisions of section 6A, such tenant or such person, as the case may be, shall be liable to pay for the repair of such damage such compensation, not exceeding the cost of repair, as may be determined, by order, by the prescribed authority, after giving the tenant or the person, as the case may be, an opportunity of being heard.

(2) An appeal shall lie to the Appellate Authority against an order determining compensation under sub-section (1) within fifteen days from the date of the order.

(3) The decision of the Appellate Authority shall be final.

6D. Period for payment of compensation. – The amount of compensation determined under section 6C by the prescribed authority or the Appellate Authority, as the case may be, shall be payable by the tenant or the person, as the case may be, liable to pay such compensation, within thirty days from the date of the order.]

7. Recovery of certain claims as public demand. – Any claim for arrears of rent or for mesne profits [or for compensation] under this Act shall, if not duly paid, be recoverable as a public demand under the Bengal Public Demands Recovery Act, 1913.

8. Appointment of officers, etc. and delegation of power. – (1) The State Government or the Government undertaking may appoint such officers and employees for carrying out the purposes of this Act as the State Government or the Government undertaking may deem fit.

(2) The prescribed authority may delegate, subject to such conditions as the State Government may think fit to impose, to any officer appointed under sub-section (1) any of its powers under this Act.

9. Certain persons to be deemed to be public servants. – The prescribed authority [the Appellate Authority] and the officers and other employees authorised to carry out any of the purposes of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

10. Indemnity. – No suit, prosecution or other legal proceeding whatsoever shall lie against any person for anything in good faith done or intended to be done under this Act.

11. Power to remove difficulties. – If any difficulty arises in giving effect to the provisions of this Act, the State Government may make such order or do such thing, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty.

12. Act to override other laws. -(1) The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force, or in any contract, express or implied, or in any custom or usage to the contrary.

(2) In particular and without prejudice to the generality of the foregoing provisions, the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 shall not be applicable to any premises to which this Act applies.

13. Bar to jurisdiction of civil courts. – No civil court shall have jurisdiction to decide or deal with any question which is by or under this Act required to be decided or dealt with under the provisions of this Act.

14. Prosecution subject to sanction of the prescribed authority. – No Court shall take cognizance of any offence under this Act except with the previous sanction of the prescribed authority, and no Court inferior to that of a Magistrate of the First Class shall try such offence.

15. Power to make rules. – (1) The State Government may make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which may be or are required to be prescribed.

16. Repeal and savings. – (1) The West Bengal Government Premises (Tenancy Regulation) Ordinance, 1976, is hereby repealed.

(2) Anything done or any action taken under the West Bengal Government Premises (Tenancy Regulation) Ordinance, 1976, shall be deemed to have been validly done or taken under this Act as if this Act had commenced on the 7th day of January, 1976

The Durgapur Municipal Corporation Act, 1994

Keywords:- West Bengal -Municipality

WB LEGISLATIVE ASSEMBLY

Updated 2018

The Durgapur Municipal Corporation Act, 1994
West Bengal Act 53 of 1994

[1st October, 1996.]

Assent of the President of India was published in the Calcutta Gazette, Extraordinary, dated the 1st October, 1996.

An Act to provide for better administration of the municipal affairs of Durgapur by the establishment of a Municipal Corporation.

Whereas it is expedient to provide for better administration of the municipal affairs of Durgapur by the establishment of a Municipal Corporation;

It is hereby enacted as follows :-

1. Short title, application and commencement. – (1) This Act may be called the Durgapur Municipal Corporation Act, 1994.

(2) It shall apply to Durgapur.

(3) It shall come into force on such date as the State Government may, by notification, appoint.

2. Definitions. – In this Act, unless the context otherwise requires,-

(1) “Corporation” means the Durgapur Municipal Corporation established under this Act;

(2) “Durgapur” means the area within the jurisdiction of the Durgapur Notified Area Authority (hereinafter referred to in this clause as the said area):

Provided that the State Government may, by notification, add to the said area any local area contiguous to the said area, and thereupon such local area shall stand included in the said area;

(3) “Durgapur Notified Area Authority” means the Durgapur Notified Area Authority as constituted under the Bengal Municipal Act, 1932;

(4) “notification” means a notification published in the Official Gazette;

(5) “the Siliguri Municipal Corporation Act” means the Siliguri Municipal Corporation Act, 1990, as applied to Durgapur under section 4.

3. The Corporation. – (1) With effect from such date as the State Government may, by notification, appoint, there shall be a Corporation charged with the municipal government of Durgapur, to be known as the Durgapur Municipal Corporation.

(2) The Corporation shall be a body corporate with perpetual succession and a common seal, and may by its name sue and be sued.

(3) Subject to the provisions of this Act, the Corporation shall be entitled to acquire, hold and dispose of any property.

(4) The properties, if any, along with all rights therein of whatsoever description used, enjoyed or possessed by the Durgapur Notified Area Authority immediately before the date of commencement of this Act shall, on and from such date, become vested in the Corporation.

(5) All rights, liabilities and obligations of the Durgapur Notified Area Authority in relation to any matter provided for in or under this Act shall, in so far as they were subsisting immediately before the date of commencement of this Act, be enforceable by or against the Corporation.

4. Application of West Bengal Act 30 of 1990 to Durgapur. – [* * *] Notwithstanding anything contained in any other law for the time being in force, the provisions of the Siliguri Municipal Corporation Act as in force immediately before the date of commencement of this Act shall, as from that date, mutatis mutandis apply to and come into force in Durgapur:

Provided that a law coming into force after the date of commencement of this Act repealing, amending, or adding to the provisions of the Siliguri Municipal Corporation Act shall apply to  and shall be deemed to have come into force in, Durgapur.

5. Application of rules under West Bengal Act 30 of 1990. – All rules made by the State Government under the Siliguri Municipal Corporation Act, 1990 and in force immediately before the date of commencement of this Act shall, as from such date, mutatis mutandis apply to and come into force in Durgapur to the extent to which they are not repugnant to the provisions of this Act read with the Siliguri Municipal Corporation Act:

Provided that all rules made by the State Government under the Siliguri Municipal Corporation Act, 1990, after the date of commencement of this Act and in force shall, to the extent they are not repugnant to the provisions of this Act read with the Siliguri Municipal Corporation Act, mutatis mutandis apply to and come into force in Durgapur if so directed by the State Government by notification and not otherwise.

6. Interpretation oi references. – (1) For the purposes of this Act, in the Siliguri Municipal Corporation Act (hereinafter referred to as the said Act) and the rules apply to Durgapur under section 7,-

(a) any reference to the Corporation as established under the said Act, and the Mayor-in-Council, the Mayor, the Chairman, the Deputy Mayor, the Board of Councillors or any Councillor or member thereof shall be construed as a reference to the Corporation established under this Act, and the Mayor-in-Council, the Mayor, the Chairman, the Deputy Mayor, the Board of Councillors or the Councillor or the member thereof as the context may require;
(b) any reference to the Chief Executive Officer, the Chief Engineer, the Health Officer, the Finance Officer, the Assessor, the Collector of Taxes or the Secretary shall be construed as a reference to the Chief Executive Officer, the Chief Engineer, the Health Officer, the Finance Officer, the Assessor, the Collector of Taxes or the Secretary of the Corporation established under this Act;
(c) any reference to Siliguri shall be construed as a reference to Durgapur as the context may require;
(d) any reference to a constituency shall be construed as a reference to a constituency of the Corporation established under this Act.
(2) If any doubt arises as to the authority or officer to which any particular power, duty or function under the Siliguri Municipal Corporation Act or the rules as apply to Durgapur under section 7 appertains, the Mayor of the Corporation shall refer the matter to the State Government and the decision of the State Government on such reference shall be final and shall not be called in question in any Court.

West Bengal Victim Compensation Scheme

“Victim” means a person who himself has suffered loss or injury as a result of
crime and requires rehabilitation and includes dependent.

VICTIM COMPENSATION

 Sec 4 Eligibility Criteria

4. A victim of acid attack and sexual offences including rape and human trafficking shall be Compensation eligible for the grant of compensation if :—
(a) a recommendation is made by the Court for compensation under sub-section (2) of
Section 357A of the Act;
(b) the Trial Court, at the conclusion of the trial, is satisfied, that the compensation
awarded under 357 is not adequate for such rehabilitation, or where the cases end
in acquittal or discharge and the victim has been rehabilitated, makes
recommendation for compensation under sub-section (3) of section 357(A) of the
Act;
(c) the offender is not traced or identified, but the victim is identified and where no
trial takes place, such victim or his dependent may apply for award of compensation
under sub-section (4) of section 357A of the Act;
(d) they should not have been compensated for the loss or injury under any other scheme
of the Central or State Government, Insurance Company or any other institutions.

Sec-5 Procedure For Granting Compensation

(1) Whenever a recommendation is made by the Court of Compensation or an application Compensation is made by any victim or his dependent under sub-section (4) of section 357A of the Act to the State or the District Legal Services Authority, the State or the District Legal Services Authority shall examine the case and shall verify the contents of the claim with regard to the loss or injury caused to the claimant and also may call for any other relevant information necessary for consideration of the claim from the concerned victim or his dependent. After verifying the claim and after due enquiry the State or the District Legal Services Authority shall award compensation under sub-section (5) of section 357A of the Act.

(2) The State or the District Legal Services Authority, as the case may be, shall decide the quantum of compensation to be awarded to the victim or his dependents on the basis of loss caused to the victim, medical expenses to be incurred on treatment, minimum sustenance amount required for rehabilitation including such incidental charges, as funeral expenses etc.

(3) The quantum of compensation to be awarded to the victim or his dependents shall not exceed from the maximum limit as per Schedule-I.
(4) The amount of compensation as appended to these scheme by the State or the District
Legal Services Authority shall be disbursed to the victim or his dependents, as the case may be, from the Victim Compensation Fund.
The cases covered under Motor Vehicles Act, 1988 (59 of 1988) wherein compensation is to be awarded by the Motor Accident Claims Tribunal, shall not be covered under these Scheme.
(6) The State or the District Legal Services Authority, to alleviate the suffering of the victim, may order for immediate first aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer-in-charge of the police station or Magistrate of the area concern, or any other interim relief as it may deem fit.

6. Under these Scheme, no claim made by the victim or his dependents under sub-section
(4) of section 357A of the Act shall be entertained after a period of six months of the Crime.
Provided that, the State or the District Legal Services Authority, if satisfied, for the reasons to be recorded in writing may condone the delay in filing the claim.

Guidelines for issuance of OBC Certificate in West Bengal

Government of West Bengal
Backward Classes Welfare Department
Writers’ Buildings, Kolkata – 700 001
Website: http://www.anagrasarkalyan.gov.in
M E M O R A N D U M
No. 1464–BCW/MR–59/10 Dated 30th April, 2010

Guidelines for issuance of OBC Certificate

The Government has been considering for some time past to issue comprehensive guidelines for
disposal of applications for issuance of OBC Certificates, including fixing up the nature of
documents required for establishing eligibility for getting such certificate.
Now, in compilation of orders issued from time to time as well as modification and amplification of
such orders, the Governor is pleased to frame the following guidelines for receipt and disposal of
applications for issuance of OBC Certificates:

1. Procedure for issuance of OBC certificates was issued vide Order No. 374(71) – TW / EC /
MR – 103 / 94 dated 27th July, 1994. As per the said order, SDOs of the Sub-Divisions
concerned and ADM, South 24 Pgs as assigned by DM, South 24 Pgs, are the competent
authorities for issuance of OBC certificates in respect of Sub-Divisions and Kolkata
respectively. A format of application form was also set up in the said order. The same
competent authorities and the said format for application shall continue.
2. As regards the format for OBC certificate, the format circulated vide No. 899(85)-
BCW/MR/42/10 dated 12/03/2010 shall continue. The format of OBC certificate is
appended to this memorandum.
3. As regards recommendation for issuance of OBC certificates, BDOs in respect of concerned
Blocks are the Recommending Authorities. In respect of municipal areas excluding Kolkata,
such officers not below the rank of a Deputy Magistrate, as assigned by the SDO, are the
Recommending Authority. In Kolkata, District Welfare Officer, Kolkata is the
Recommending Authority.
4. It was also mentioned in the said order that the existing procedure for issue of caste / tribe
certificate to the members of the SC/ST community shall be applicable, mutatis mutandis,
in case of issue of certificates to the members of Backward Classes. This will also be
generally applicable subject to modifications / clarifications issued vide this order.
5. Application for OBC certificate can be submitted by applicants living in Block areas to the
concerned Block Offices, and by applicants living in municipal areas within a Sub-Division,
to the concerned SDO offices. For Kolkata, such applications can be submitted to the office
of the District Welfare Officer, Kolkata, who may also arrange to receive application in
Borough offices of the Kolkata Municipal Corporation also. Concerned offices receiving
applications shall invite the applicants for hearing on 2nd or 4th Wednesdays within 60 days
from the date of application and ask them to come personally with all original documents
furnished in support of their claims.

6. Now, for disposal of an application for OBC Certificate six criteria are required to be
fulfilled. These are:
a. The applicant must be a citizen of India.
b. He is a permanent resident of West Bengal since 15-03-1993.
c. He is an ordinary resident at the address currently residing.
d. He belongs to the said community/ class.
e. His identity.
f. The applicant does not fall under ‘creamy layer’.

7. It is often alleged that the issuing authorities claim numerous documents in order to prove a single criterion. To remove any confusion on the requirement of documents to prove any of the criteria mentioned at point 6 above, it is clarified that any one of the documents listed below against each of the items shall be sufficient to prove that criterion.

These are:
a. For Citizenship- i. Citizenship Certificate.
ii. Voter I card of self or parent(s)
iii. Authenticated Voter list of self or parent(s)
iv. PAN Card of self or parent(s)
v. Birth Certificate from Competent Authority
vi. Caste certificate of parent(s)
vii. Any Govt. Document proving citizenship.
Note: Validity of any of these documents can only be questioned only when there is
valid reason to believe that such document might have been procured
through misrepresentation of facts.
b. For Permanent residence- i. Land deed or land tax receipt
ii. Voter list proving residence since 1993
iii. Birth Certificate proving residence since 1993
iv. Ration Card proving residence since1993
v. Caste certificate of parent(s)
vi. Any Govt. Document proving permanent
residence since 1993.

c. For local residence- i. Land deed or land tax receipt
ii. Voter I card of self or parent(s)
iii. Certificate from Competent Authority
iv. Caste certificate of parent(s)
v. Birth Certificate
vi. Ration Card
vii. Rent receipt
viii. Pass Book of a Nationalised Bank, Gramin Bank, Post
Office or Co-operative Bank
ix. BPL Card
x. Any Govt. Document proving local residence
d. Class identity – i. Caste certificate of any paternal blood
relation and proof of such relation
ii. Copy of old land deed (prior to 1950) specifying
community name in that document
iii. Any Govt. Document proving class identity

e. For identity – i. Admit Card
ii. Voter I card
iii. PAN Card
iv. Birth Certificate from Competent Authority
v. Identity Card by employer/ educational Institution
vi. Pass Book of Bank Account
vii. BPL Card
vii. Any Govt. Document proving identity
f. Creamy Layer – i. Income Certificates of parents from employers (not more
than three months old from the date of filing application)
ii. Income Tax Return for last three years of parents
iii. If not employed, income certificate from any competent
authority (not more than three months old from the date
of filing application)
iv. Any Govt. Document proving income of parents

8. In the lists above, certificate from Prodhan, Chairman of Municipality or Councillor of
Municipal Corporation, MLA, MP etc. has not been included. In case of non-availability of
certificates as mentioned at 7 (a) to (f ), any of these certificates together with reports of
enquiry and hearing are to be taken into consideration for determination of eligibility.

9. It is to be mentioned here that the applicant has the right to apply even without any
documentary proof in support of his claim and no application shall be rejected merely on the ground of non-availability of documentary evidences about class identity, residence or citizenship. In such cases, certificates from the Prodhan of the local Gram Panchayat,
Chairman of the local Municipality or the local Councillor of the Municipal Corporation
along the findings of the enquiry shall be considered to be sufficient.

10. As per existing orders, an applicant for OBC certificate has to be within the age bracket of
4 to 40 years to be eligible for applying. However, considering the fact that persons
belonging to Other Backward Classes require OBC certificates beyond the age of 40 years
also as job opportunities are open beyond this age limit, the orders imposing age
restriction for being eligible to apply for OBC certificate is hereby withdrawn. Hence, no
age proof for granting OBC certificate will be necessary.

11. It is apparent that most of the applicants for OBC certificates are unable to produce such
certificate of paternal blood relation as a proof of class identity. This is more so in view of
a good number of classes being recently added to the list of OBCs. In those cases, their
class identity is to be decided on field enquiry and public hearing. In such cases, to
facilitate easy identification, an affidavit from the applicant in the format attached to this
order, may be obtained wherein the applicant is to declare his eligibility to obtain OBC
certificate. Unless there is any contrary evidence received during field enquiry and
hearing, normally the affidavit shall be acceptable for ascertaining his class status and
eligibility.
12. It is often alleged that an applicant is asked to furnish declarations by five or even ten
persons of the applicant’s locality certifying the applicant’s class identity. Sometimes such
declaration is demanded from Teachers or Govt. Officials. This causes undue harassment
to the applicants. It is hereby clarified that such declaration is not needed for disposal of
an application for OBC certificate. Where documentary proof as to eligibility to obtain OBC
certificate is not available, field enquiry or public hearing is to be held. In such enquiry /
hearing, evidences from local persons are to be recorded. Depositions from local persons
may also be taken. An application for OBC certificate without any documentary proof or
with insufficient documentary proof submitted along with the application is to be
disposed of as per findings of the field enquiry / hearing together with affidavit and
certificate from local Panchayat / Municipality.

13. To facilitate timely disposal of all applications for OBC certificate, special camps are to be
held at regular intervals. In such camps, receiving of applications, public hearing and
distribution of certificates are to be made. Camps are to be organised in such a manner so
that all applications are disposed of within eight weeks from the date of submission of
such application. Such camps are to be organised in all the High and Higher Secondary
Schools, as most of the applicants for OBC certificates are School or College students.
14. Regarding determination of ‘Creamy Layer’, the following points shall be considered:
a. First, status of the parents (not of the applicant) is to be ascertained. If any of the
parents of the applicant holds a constitutional post or belong to Class I or Group ‘A’
service of the Central or State Government before the age of 40, he is considered to
belong to ‘creamy layer’’. If both of the parents belong to class II or Group ‘B’ service the
Central or State Government before the age of 40, he is considered to belong to ‘creamy
layer’’. If such parents retire or die after retirement, the status will remain unchanged.
If, however, parents die or suffer permanent incapacitation during service, the applicant
shall not fall under ‘Creamy Layer’.
b. Criteria prescribed for determining creamy layer status of sons and daughters of
persons in Government service mutatis mutandis applies to the sons and daughters of
persons holding equivalent or comparable posts in PSUs, Banks, Insurance
Organisations, Universities, Educational Institutions and also holding equivalent or
comparable posts in private employment. Where such comparison is not possible,
Income /Wealth test as prescribed is to be applied.
c. When creamy layer status of an applicant is determined on the service / post held by his
parent(s), their income from salaries are not to be taken into account. Thus, the
employees in Government Departments, PSUs, Banks, Insurance Organisations,
Educational Institutions, will not fall under the ‘Creamy Layer’ category unless income
from other sources alone (without clubbing the income from salaries or agricultural
land) touches the prescribed limit of Rs. 4.5 lakh.
d. As per Income / Wealth Test, income of the parents from the salaries and from the other sources [other than salaries and agricultural land] is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources [other than salaries and agricultural land] exceeds the limit of Rs.4.5 lakh per
annum or possess wealth above the exemption limit prescribed in the Wealth Tax Act
for a period of three consecutive years, the sons and daughters of such persons shall be
treated to fall in creamy layer. But the sons and daughters of parents, whose income
from salaries is less than Rs.4.5 lakh per annum and income from other sources is also
less than Rs.4.5 lakh per annum, will not be treated as falling in creamy layer even if the
sum of the income from salaries and the income from the other sources is more than Rs.
4.5 lakh per annum for a period of three consecutive years. It may be noted that income
from agricultural land is not taken into account while applying the Test. This test is
applicable to persons not having salary income or having salary income but their
service status not being comparable with that of the Central or State Government.
15. Ordinarily, an application for OBC certificate is to be disposed of within eight weeks from
the date of its submission. The applicant has a right to know the status of his application,
once filed. Hence, if demanded, status of his application, has to be provided to the
applicant.
16. A new format of application form for OBC certificate (with minor modifications on the
existing format) has been developed and communicated to all concerned. Both the
formats can be used for filing application for OBC certificate. The format is also available
in the BCW Department website http://www.anagrasarkalyan.gov.in. The website may be visited
regularly to find out the latest developments in this matter. All major policy decisions in
respect of OBC certificates including latest lists of OBCs are available in the website.
Sk. Nurul Haque
Principal Secretary
to the Government of West Bengal

G O V E R N M E N T O F W E S T B E N G A L
OFFICE OF THE SUB-DIVISIONAL OFFICER
______________________ SUB-DIVISION
DIST. – ____________________
Certificate No. – Date :
This is to certify that son/daughter of
of village
P.O. P.S.
in the district of the state of belongs to the
community which is recognized as a Other Backward Class
and his family ordinarily reside(s) in the
of the state
Place :
Date :
Sub-Divisional Officer
and by the Government of India for the State of West Bengal, under :-
District of
This is also to certify that he does not belongs to the category of persons/section (Creamy Layer) to whom
reservation shall not apply as per provision contained in the schedule mentioned in Order No. 347-TW/EC, Dt. 13-07-94
and subsequently modified vide Order No. 1518-BCW, dated the 20th May, 2009 of the Backward Classes Welfare
Department or in Column No. 3 of the Schedule to the Govt. of India, Department of personnel & Training O.M. No.
36012/22/93-Estt (SCT) Dated 8-9-93, subsequently revised vide O.M. No. 36033/3/2004-Estt. (Res) dated the 9th
March, 2004 and O.M. No. 1-1/2008-U.I.A. dated the 13th October, 2008.
by the Government of West Bengal, under :-
Note: The expression ‘oridnarily resident’ used here shall have the same meaning as in section 20 of the Representation of the People Act, 1950 (43 of 1950).
Format for Affidavit by the Applicant for his / her own OBC Certificate
(To be sworn in before the 1st Class Judicial Magistrate / Executive Magistrate on NJ stamp paper of Rs.10/-)

I, Shri / Smt …………………………………………………………………………………………………………………… son / daughter of Shri
…………………………………………………………………………………………………………………., presently residing at (Address)
…………………………………………………………………………………………………………………………………………………………………………………….
……………………………………………………………………………………………………, have applied for OBC certificate for myself
and hereby declare that:-
1. I am a citizen of India;
2. I am a permanent resident of West Bengal since 1993, the permanent address being
………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………. ;
3. I am a resident of the address declared above;
4. I belong to …………………………. class which is recognized as Other Backward Class in West Bengal;
5. None of my parents is a Group A / Class I Officer under Central / State Government or belong
to any service in any PSU, Bank, Insurance Company, Educational Institution or in private
employment, comparable with Group A / Class I service under Central / State Government or
holds any Constitutional post;
6. None / only one ( Father or Mother[strike out whichever is not applicable]) of my parents is
a Group B / Class II Officer under Central / State Government or belong to any service in any
PSU, Bank, Insurance Company, Educational Institution or in private employment,
comparable with Group B / Class II service under Central / State Government;

7. Annual income of parents from salaries is Rs. …………….. (in words)
………………………………………………………………………………..;
8. Annual income of parents from other sources including business or profession is
Rs……………….. (in words) ………………………………………………………………….;

9. I do not belong to ‘Creamy Layer’ as defined in the relevant Government Order issued for the purpose of issuance of OBC certificate;
I further certify that the information given above in respect of myself is fully correct and I take full responsibility of the accuracy of this statement. If at any point of time a part of the statement is found to be incorrect, I shall have to forfeit the benefit received and shall also be liable to be punished under Section 193 of the Indian Penal Code.
Format for Affidavit by Parent for his / her ward’s OBC Certificate (When the applicant is a minor)
(To be sworn in before the 1st Class Judicial Magistrate / Executive Magistrate on NJ stamp paper of Rs.10/-)

I, Shri / Smt ………………………………………………………………………………………………………………………………….. son/daughter
of Shri ………………………………………………………………………………………………………………………………., presently residing at
(Address) …………………………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………….., have applied for OBC certificate for my
son / daughter / ward and hereby declare that:-
1. My son / daughter / ward is a citizen of India;
2. I am a permanent resident of West Bengal since 1993, the permanent address being
…………………………………………………………………………………………………
………………………………………………………………………………………………… ;
3. My son / daughter / ward is a resident of the address declared above;

4. My son / daughter / ward belongs to …………………………. class which is recognized as Other Backward Class in West Bengal;

5. Neither me nor my spouse is a Group A / Class I Officer under Central / State Government or
belong to any service in any PSU, Bank, Insurance Company, Educational Institution or in
private employment, comparable with Group A / Class I service under Central / State
Government or holds any Constitutional post;

6. None / only one of us [me or my spouse] is a Group B / Class II Officer under Central / State Government or belong to any service in any PSU, Bank, Insurance Company, Educational Institution or in private employment, comparable with Group B / Class II service under Central / State Government;

7. Annual income of us from salaries is Rs………………………………………. (in words)
…………………………………………………………………………………………… ;
8. Annual income of us from other sources including business or profession is
Rs…………………………….. (in words) ……………………………………………………………;

9. My son does not belong to ‘Creamy Layer’ as defined in the relevant Government Order issued for the purpose of issuance of OBC certificate;
I further certify that the information given above in respect of my son / daughter / ward is fully correct and I take full responsibility of the accuracy of this statement. If at any point of time a part of the statement is found to be incorrect, My son / daughter / ward shall have to forfeit the benefit received and both my son / daughter / ward and I shall be liable to be punished under Section 193 of the Indian Penal Code.

Law Relating to Backward Classes -West Bengal

WB LEGISLATIVE ASSEMBLY
  1. Rules of Business of the Backward Classes Welfare Department
  2. Amendment of Rules of Business of the Backward Classes Welfare Department
  3. Amendment of West Bengal Rules of Business of Backward Classes Welfare Department
  4. West Bengal Rules of Business of Department of Tribal Development
  5. The West Bengal State Higher Educational Institutions (Reservation in Admission) Act, 2013
  6. The West Bengal State Higher Educational Institutions (Reservation in Admission) Act, 2013 – RULES
  7. Labour Department Order on Exempted Category
  8. Establish a Board by the Name “Tamang Development and Cultural Board”
  9. The West Bengal Tribes Advisory Council Rules, 1953
  10. Amendments in the West Bengal Tribes Advisory Council Rules, 1953
  11. Amendments in the West Bengal Tribes Advisory Council Rules, 1953
  12. Amendments in the West Bengal Tribes Advisory Council Rules, 1953
  13. Amendments in the West Bengal Tribes Advisory Council Rules, 1953
  14. Amendments in the West Bengal Tribes Advisory Council Rules, 1953
  15. Special Provision of the Constitution of India
  16. Constitution Scheduled Castes Order 1950
  17. Constitution Scheduled Tribes Order 1950
  18. West Bengal Scheduled Castes & Scheduled Tribes (Identification) ACT, 1994
  19. West Bengal Scheduled Castes & Scheduled Tribes (Identification) RULES, 1995
  20. Amendment of West Bengal Scheduled Castes and Scheduled Tribes (Identification) Rules, 1995
  21. West Bengal Scheduled Castes and Scheduled Tribes (Identification) (Amendment) Act, 2007
  22. West Bengal Scheduled Castes and Scheduled Tribes (Identification) (Amendment) Act, 2008
  23. Amendment of West Bengal Scheduled Castes and Scheduled Tribes (Identification) Rules, 2010
  24. West Bengal Scheduled Castes and Scheduled Tribes (Identification) (Amendment) Act, 2012
  25. The Constitution (Scheduled Caste) Order (Amendment) Act, 2016
  26. The West Bengal Scheduled Castes and Scheduled Tribes (Identification) (Amendment) Act, 2017
  27. West Bengal Commission for Backward Classes Act, 1993
  28. West Bengal Commission for Backward Classes RULES 1993
  29. West Bengal Commission for Backward Classes (Amendment) Act, 2005
  30. West Bengal Commission for Backward Classes (Amendment) Act, 2007
  31. West Bengal Commission for Backward Classes (Amendment) Act, 2010
  32. Amendments of West Bengal Commission for Backward Classes RULES 1993
  33. Amendments of West Bengal Commission for Backward Classes Act, 1993
  34. West Bengal Commission for Backward Classes (Amendment) Act, 2015
  35. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) ACT, 1989
  36. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) RULES, 1995
  37. Protection of Civil Rights ACT, 1955
  38. Amendment to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) RULES, 1995
  39. Guidelines to Police Officers Investigating Cases under SC/ST (POA) Act, 1989 & PCR Act, 1995
  40. Amendment to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Name of Special Court)
  41. Amendment to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Name of Public Prosecutor)
  42. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014
  43. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Rules, 2014
  44. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Act, 2015
  45. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Rules, 2016
  46. The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts)Act, 2012
  47. Amendment of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes)(Reservation of Vacancies in Services and Posts) Act, 2012
  48. The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) Act, 1976
  49. The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) RULES, 1976
  50. The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) (Amendment) Act, 2005
  51. The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) (Amendment) Act, 2009
  52. West Bengal Backward Classes Development and Finance Corporation Act, 1995
  53. West Bengal SC, ST Development & Finance Corporation Act, 1981
  54. Act on West Bengal Tribal Development Co-operative Corporation Ltd., 1994
  55. West Bengal Scheduled Castes, Scheduled Tribes and Other Backward Classes Development and Finance Corporation Act, 2017
  56. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
  57. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008
  58. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012
  59. The West Bengal Right to Public Services Act, 2013
  60. The Prohibition of Employment as Manual Scavengers and Thier Rehabilitation Act, 2013
  61. West Bengal Prohibition of Employment as Manual Scavengers and Thier Rehabilitation Rules, 2015
  62. Notification – Prohibition of Employment as Manual Scavengers and thier Rehabilitation Act, 2013
  63. Notification – Prohibition of Employment as Manual Scavengers and thier Rehabilitation Act, 2013
  64. Notification – Prohibition of Employment as Manual Scavengers and thier Rehabilitation Act, 2013
  65. The West Bengal Incentive Scheme, 2015

The West Bengal Criminal Law Amendment (Special Courts) Act, 1949

WB LEGISLATIVE ASSEMBLY

West Bengal Act 21 of 1949

[23rd June, 1949.]

An Act to provide for the more speedy trial and more effective punishment of certain offences.

[Whereas it is expedient in the public interest to provide for the speedy trial of the offences specified in the Schedule;]It is hereby enacted as follows:-

1. Short title. – This Act may be called the West Bengal Criminal Law Amendment (Special Courts) Act, 1949.

[2. Special Courts. – (1) The State Government may, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas, as may be specified in the notification.](2) The State Government shall appoint, as a Judge to preside over a Special Court, any person who-

(a) is or has been, or is qualified under clause (2) of article 217 of the Constitution of India for appointment, as a Judge of a High Court, or

(b) has, for a period of not less than one year, been a Sessions Judge or an Additional Sessions Judge.

(3) Every Special Court shall have jurisdiction over the particular area for which it has been constituted and shall sit at such place or places as the State Government may, by notification in the Official Gazette, specify in this behalf.

3. Special Judge. – Omitted by West Bengal Act 12 of 1952.

4. Offences to be tried by Special Courts. – Notwithstanding anything contained in the Code of Criminal Procedure, 1973, or in any other law in force, the offences specified in the Schedule shall be triable by Special Courts only:

Provided that when trying a case, a Special Court may also try any offence other than the offence specified in the Schedule, with which the accused may, under the Code of Criminal Procedure, 1973, be charged at the same trial:

Provided further that every offence specified in the Schedule shall be tried by the Special Court constituted for the particular area within which the offence was committed, and where there are more than one Special Court constituted for any particular area, by such one of them as may be specified by the State Government by notification in the Official Gazette.]

5. Procedure and powers of Special Courts. – (1) A Special Court may take cognizance of offences in the manner laid down in clauses (a) and (b) of sub-section (1) of section 190 of the Code of Criminal Procedure, 1973, without the accused being committed to his Court for trial, and in trying the accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1973, for the trial by Magistrates of warrant cases-

(a) instituted on a police report;

(b) instituted otherwise than on a police report:

Provided that a Special Court shall not be bound to adjourn trial for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice.

(1A) For the avoidance of doubt, it is hereby declared that any appeal, application, complaint, trial, inquiry or investigation in respect of any warrant case referred to in sub-section (1), pending at the date of commencement of the West Bengal Criminal Law Amendment (Special Courts) Amending Act, 1990, shall be continued, held, made, dealt with or disposed of, as the case may be, in accordance with the provisions of sub-section (1) as amended by the said Act.

(2) A Special Court may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof; and any pardon so tendered shall, for the purposes of section 308 of the Code of Criminal Procedure, 1973, be deemed to have been tendered under section 307 of that Code.

(3) Save as provided in sub-section (1) or sub-section (2), the provisions of the Code of Criminal Procedure, 1973, shall, in so far as they are not inconsistent with this Act, apply to the proceedings of a Special Court, and for the purposes of the said provisions, a Special Court shall be deemed to be a Court of Session trying cases without a Jury, and a person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.

(4) A Special Court may pass any sentence authorised by law.

5A. Jurisdiction of Magistrates for certain purposes not to cease. – Nothing in section 4 or section 5 shall affect the jurisdiction and powers of Magistrates under the][Code of Criminal Procedure, 1973] during the investigation by the police under the said Code of offences specified in the Schedule.

5B. Power to try summarily. – (1) Where a Special Court tries any of the offences specified in item 1, in item 7 and in item 8 relating to offences specified in items 1 and 7, of the Schedule alleged to have been committed by a public servant in relation to the contravention of any special order referred to in section 12A of the Essential Commodities Act, 1955, then, notwithstanding anything contained in sub-section (1) of section 5 of this Act or section 260 of the Code of Criminal Procedure, 1898, the Special Court shall try the offence in a summary way, and the provisions of sections 262 to 265, both inclusive of the said Code shall, so far as may be, apply to such trial:Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Special Court to pass a sentence of imprisonment not exceeding one year.

(2) Notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1898, there shall be no appeal by a convicted person in any case tried summarily under this section in which the Special Court passes a sentence of imprisonment not exceeding one month, or of fine not exceeding two thousand rupees, or both, whether or not any order under section 517 of the said Code is made in addition to such sentence, but an appeal shall lie where any sentence of imprisonment or fine in excess of the aforesaid limits is passed by the Special Court.

(3) Where any notification is issued under sub-section (1) of section 12A of the Essential Commodities Act, 1955, in relation to a special order, all cases triable summarily under this section in relation to such special order and pending on the date of the issue of such notification shall, if no witnesses have been examined before the said date, be tried by the Special Court in a summary way under this section.

6. Appeal, revision and transfer. – The High Court may exercise, so far as they may be applicable, all the powers conferred by Chapters XXIX, XXX and XXXI of the Code of Criminal Procedure, 1973, on a High Court as if a Special Court were a Court of Session trying cases without a Jury within the local limits of the jurisdiction of the High Court.]

7. Bar to certain jurisdiction. – Omitted by West Bengal Act 25 of 1982.

8. Special rules of evidence. – Omitted by West Bengal Act 12 of 1952.

9. Provision where services of Judge presiding over Special Court ceases to be available. – (1) If for any reason the services of the person appointed as a Judge to preside over a Special Court ceases to be available, the State Government shall as often as may be necessary, appoint another person having the qualifications referred to in clause (a) or clause (b) of sub-section (2) of section 2, as a Judge to preside over such Special Court.

(2) A person appointed under sub-section (1) as a Judge to preside over a Special Court may act on the evidence recorded by his predecessor or predecessors or partly recorded by his predecessor or predecessors and partly recorded by himself:Provided that if the person appointed under sub-section (1) as a Judge to preside over a Special Court is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged.

10. Application of Act 2 of 1947 to trials under this Act. – The provisions of the Prevention of Corruption Act, 1947, shall apply to trials under this Act.

11. Indemnity. – No suit, prosecution or legal proceedings whatever shall lie against any person in respect of anything which is, in good faith, done or intended to be done under this Act.

12. Pending proceedings in other courts not to be affected. – Nothing in this Act shall apply to any proceedings pending on the date of the commencement of the West Bengal Criminal Law Amendment (Special Courts) Amending Ordinance, 1952, in any court other than a Special Court.

13. Certain sections of Act 46 of 1952, not to apply to West Bengal. -] Sections [* * *] 6, 7, 8,[8A,] 9 and 10 of the Criminal Law Amendment Act, 1952, shall not apply and shall be deemed never to have applied to West Bengal.

The Schedule

([See section 4.])

Offences triable by Special Judges.

1. An offence punishable under section 161, section 162, section 163,section 164, section 165 or section 165A] of the Indian Penal Code.

Offences triable by Special Judges.

[* * * * *]

[2. An offence punishable under section 409 of the Indian Penal Code, if committed by a public servant or by a person dealing with property belonging to Government as an agent of Government or by a person dealing with property belonging to a Government company as defined in section 617 of the Companies Act, 1956 as an agent of such Government company in respect of property-with which he is entrusted, orover which he has dominionin his capacity of a public servant or in the way of his business as such agent.

3. An offence punishable under section 417 or section 420 of the Indian Penal Code, if committed by a public servant or by a person dealing with property belonging to Government as an agent of Government][or by a person dealing with property belonging to a Government company as defined in section 617 of the Companies Act, 1956 as an agent of such Government company], while purporting to act as such public servant or agent.[* * * *]

7. An offence punishable under section 5 of the Prevention of Corruption Act, 1947.

8. Any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in items [1, 2, 3, and 7].

The West Bengal Housing Industry Regulation Bill 2017

bengalmap

RERA  vs HIRA

The West Bengal Housing Industry Regulation Bill 2017 was passed by the state assembly, on August 16, 2017, although it missed the July 31 deadline by the centre, for adoption of the Real Estate (Regulation and Development) Act (RERA) 2016, in all states.The bill aims to offer consumers protection from building and housing promoters. Once notified by the West Bengal government, all housing projects above 500 sq metres or eight apartments, need to be registered with the state regulator, the Housing Industry Regulatory Authority (HIRA). The bill proposes to bring the HIRA in place, over the next 60 days. The real estate industry body CREDAI Bengal said  as reported that The Real Estate Act came into force on May 1, 2017 and the state government is to notify the rules.


Related Acts:

  1.  West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993.[ To be replaced by West Bengal Housing Industry Regulation Act, 2017]
  2. Consumer Protection Act, 1986
  3. Competition Act, 2002
  4. The Real Estate (Regulation and Development) Act, 2016 (“RERA”)

STATE LAW VS CENTRAL LAW

IF a central  Act  is considered to be a complete code with respect to regulation and development of real estate in India, West Bengal  Act  would be repugnant due to mere existence of RERA.
  1. Hoechst Pharmaceuticals v. State of Bihar, 1983 (4) SCC 45
  2. Offshore Holdings Private Limited v. Bangalore Development Authority, C.A. No. 711 of 2011, decided on January 18, 2011 (Supreme Court)
  3.  M/s Innoventive Industries Limited v. ICICI Bank[SC-decided on August 31, 2017]

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was held to be a complete code in the case of Pegasus Assets Reconstruction Private Limited v. Haryana Concast Limited, C.A. No. 3646 of 2011, decided on December 29, 2015 (Supreme Court);

The Banking Regulation Act, 1949 was held to be a complete code in the case of ICICI Bank Limited v. Official Liquidator of APS Star Industries, AIR 2011 SC 1521;

The Foreigners Act, 1946 was held to be exhaustive in Martinez Montsant Joan v. Union of India, 2009 (5) ALT 120.

M/s Innoventive Industries Limited v. ICICI Bank, (C.A. No. 8337 of 2009, decided on August 31, 2017) (Supreme Court);

Deep Chand v. State of U.P., AIR 1959 SC 648; Ch. Tika Ramji v. The State of Uttar Pradesh, (1956) SCR 393.

Animal Welfare Board of India v. A. Nagaraja, C.A. No. 5387 of 2014, decided on May 7, 2014 (Supreme Court).

State of Orissa v. M. A. Tulloch & Co., (1964) 4 SCR 461.

 

The West Bengal Valuation Board Act, 1978

bengalmap

The West Bengal Valuation Board Act, 1978

This Act was first enacted as the West Bengal Central Valuation Board Act, 1978 in order to set up a Central Valuation Board for valuation and assessment of properties within the Urban Local Body areas for imposition of property tax. Prior to enactment of this Act the valuation of buildings in municipal areas were used to be done either by the employees of the Urban Local Body concerned, or by the assessors appointed by the Municipalities. In this situation this Act was enacted with a view to constitute a Central Valuation Board to ensure uniformity in valuation, objectivity in assessment and securing a higher yield of municipal revenue throughout the State. Later the name of the Act has been changed to the West Bengal Valuation Board Act, 1978.

Two rules have been framed under the said Act, which are as follows:

  1. The West Bengal Valuation Board (Valuation of Lands and Buildings) Rules, 1984.- In this rule the manner of preparation of valuation list, procedure for handling review applications have been detailed.
  2. The West Bengal Valuation Board (Registration of Valuers and Surveyors) Rules, – In this rule the detailed procedure for registration of Valuers and Surveyors, for the purpose of assisting the Valuation Board in their work, have been stated.

 


The West Bengal Valuation Board Act, 1978

West Bengal Act 57 of 1978

[Dated 5th February, 1979]


1. Short title, extent and commencement.
 – (1) This Act may be called the West Bengal [****] Valuation Board Act, 1978.

(2) It extends to the whole of West Bengal.

(3) It shall come into force in such area and on such date as the State Government may, by notification, appoint and different dates may be appointed for different areas.Assent of the Governor was first published in the Calcutta Gazette, Extraordinary of the 5th February, 1979.

An Act to provide for a [****] Valuation Board and Valuation Authorities for the purpose of valuation of lands and buildings in West Bengal.Whereas it is expedient to establish a [****] Valuation Board and Valuation Authorities for the purpose of valuation of lands and buildings in West Bengal;It is hereby enacted as follows :-

2. Definitions. – (1) In this Act, unless there is anything repugnant in the subject or context,-[***********]

[(aa) “Administrator or Board of Administrators” has the same meaning as in sub-section (3) of section 14 of the West Bengal Municipal Act, 1993.]

[***********]

(b) “Board” means the [****] Valuation Board established under section 4;

[(bb) “Board of Councillors” means the Board of Councillors of a Municipality;]

[***********][***********]

[(e) “Councillor” means a Councillor of a Corporation or Municipality;]

[***********]

[(f) “Corporation” means the Kolkata Municipal Corporation constituted under the Kolkata Municipal Corporation Act, 1980, the Howrah Municipal Corporation constituted under the Howrah Municipal Corporation Act, 1980, and other Municipal Corporations constituted under the West Bengal Municipal Corporation Act, 2006;]

(g) “Fund” means the [****] Valuation Board Fund referred to in section 20;

[(h) “Howrah” means Howrah as defined in the Howrah Municipal Corporation Act, 1980;]

(i) “Land or building” [includes a bustee];

[(ii) “municipal area” includes a notified area;]

[(j) “Municipality” means a Municipality as defined in the West Bengal Municipal Act, 1993, and includes a Notified Area Authority;]

(k) “Notification” means a notification published in the Official Gazette;

[(kk) “Property tax” means the property tax on the annual value of lands and buildings determined and leviable under the Howrah Municipal Corporation Act, 1980, [the Calcutta Municipal Corporation Act, 1980,] [the West Bengal Municipal Corporation Act, 2006,] or the West Bengal Municipal Act, 1993, as the case may be;]

(l) “prescribed” means prescribed by rules made under this Act;

(m) “regulations” means regulations made under section 29;

[************]

[(n) “valuer-surveyor” means the valuer-surveyor Grade I, or the valuer-surveyor Grade II, registered as such under section 8B.]

[(2) Words and expressions used in this Act but not defined shall have the same meaning as in the Howrah Municipal Corporation Act, 1980 or the Calcutta Municipal Corporation Act, 1980 or [the West Bengal Municipal Corporation Act, 2006,] or the West Bengal Municipal Act, 1993.]

3. Act to override other laws. – With effect from the date [of notification referred to in sub-section (1) of section 9,] the [provisions of the Howrah Municipal Corporation Act, 1980 or the Calcutta Municipal Corporation Act, 1980] or [the West Bengal Municipal Corporation Act, 2006) or the West Bengal Municipal Act, 1993,] or any other law relating to any of the matters provided for in this Act shall be deemed, in respect of such area, to have been modified to the extent of the provisions made in this Act.

4. Establishment of the Board. – (1) The State Government may, by notification, establish, for the purposes of this Act, a Board to be called the ‘*** Valuation Board.

(2) The Board shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and shall be competent to acquire, hold and dispose of any property, both movable and immovable, to enter into contracts and to do all things necessary for the purposes of this Act.

5. Members of the Board. – (1) The Board shall consist of a Chairman and [four] other members to be appointed by the State Government.

(2) The Chairman shall be a person who is or has been an officer of the State Government [not below the rank of Secretary including ex officioSecretary [***].]

[(3) [The four other members shall include the Director of Local Bodies, Government of West Bengal, who shall be the ex officio member of the Board, and such other officers of the State Government or non-official experts] having knowledge and experience in the field of Judiciary, Engineering, Valuation and Assessment of Properties, Economics or Social Science as the State Government may determine.]

(4) The Chairman and the other members of the Board shall hold office for such period not exceeding [four years] as the State Government may determine and the terms and conditions of their service, including salaries and allowances shall be such as may be prescribed.

[(5) The Board shall have a Member-Secretary who shall be appointed by the State Government from amongst the members referred to in subsection (3) and shall be the Chief Executive Officer of a Board.]

[5A. Validation. – Notwithstanding anything contained elsewhere in this Act, no action of the Board shall be invalid or otherwise called in question merely on the ground of the existence of any vacancy (initial or subsequent) in the office of the members of the Board.]

[6. Officers and employees. – (1) The Board may create such posts of officers and employees and fill up such posts as may be approved by the State Government.]

(2) The terms and conditions of service including salaries and allowances of the officers and employees appointed under sub-section (1) shall be determined by regulations.

7. Employment of staff of the State Government. – (1) The Board may take over and employ such staff of the State Government as the State Government may make available.(2) During the period of such employment all matters relating to pay, allowances, leave, retirement, pension, provident fund and all other terms and conditions of service of the staff so made available and taken over shall be regulated by the West Bengal Service Rules or such other rules on the subject as may, from time to time, be made by the State Government for its employees.(3) Subject to the provisions of sub-sections (2) and (4) every person so taken over and employed shall be subject to the provisions of this Act and the regulations.(4) All permanent Government employees taken over and employed under sub-section (1) shall have a lien on their post in the service of the State Government and the period of their service under the Board shall, on reversion to the service of the State Government, be counted for the purpose of their promotion, increments, pension and other matters relating to their service.

[8. Expenditure incurred on account of salaries and allowances including contingencies. – (1) The expenditure incurred by the Board for meeting the salaries and allowances including contingencies of the Chairman and the Member-Secretary serving under the Board shall be defrayed out of the Fund to be provided by the State Government.(2) The expenditure incurred by the Board for meeting the salaries and allowances including contingencies in respect of all the officers and employees serving under the Board shall be defrayed out of the Fund to be provided by the State Government.(3) The expenditure towards contingencies for maintaining normal financial activities shall be met out of the Fund so provided by the State Government.]

[8A. Maintenance of register’ of registered valuer-surveyors [Grade I and registered valuer-surveyors Grade II.]. – The Board shall maintain in the prescribed manner a register of registered valuer-surveyors [Grade I and registered valuer-surveyors Grade II.].

[8B. Registration of valuer-surveyor [Grade I and registered valuer-surveyors Grade II.]. – Every person who possesses such qualifications as may be prescribed shall, subject to such terms and conditions, and on payment of such fee, as may be prescribed, be entitled to have his name entered [as a valuer-surveyor Grade I or valuer-surveyor Grade II] in the register of registered valuer-surveyors [Grade I and registered valuer-surveyors Grade II.].

9. Determination of valuation and its duration. – (1) The State Government shall, from time to time by notification, specify the area where, the general valuation of lands and buildings shall be made by the Board, in accordance with the [provisions of the Howrah Municipal Corporation Act, 1980 or the Calcutta Municipal Corporation Act, 1980] or [the West Bengal Municipal Corporation Act, 2006) or the West Bengal Municipal Act, 1993,] or any other law for the time being in force in such area, as the case may be [, in so far as they relate to the determination of annual valuation :]

[Provided that the Board may, in accordance with a resolution in this behalf adopted at a meeting of the Board and with the previous approval of the State Government, require any valuer-surveyor to make, subject to such conditions as may be prescribed, the general valuation of lands and buildings in the area as aforesaid or in any part thereof under the superintendence, direction and control of the Board on payment of such remuneration as the Board may determine, and every such valuation shall be deemed to have been made by the Board.]

(2) [The valuation made by the Board shall become operative with effect from the date specified in section 11] and shall remain in force in respect of such area for a period of [five years] and may be revised thereafter at the termination of successive periods of [five years] :

Provided that [notwithstanding anything contained in the foregoing provisions of this section, in Calcutta and Howrah and in any municipality,] the valuation shall remain in force in such groups of Wards and for such period as may be prescribed and such valuation may be revised thereafter at the termination of successive periods of [five years] from the expiry of the period so prescribed:

Provided further that the valuation of lands or buildings in any area made in accordance with the provisions of [the West Bengal Municipal Act, 1993] or any other law, shall remain in force for the period for which it was made under [the West Bengal Municipal Act, 1993] or any other law, as the case may be.

[(3) Notwithstanding anything contained in sub-sections (1) and (2), if, during the currency of any period referred to in sub-section (2), any new building is erected, or any existing building is reconstructed or substantially altered or improved, in any area, the determination of valuation of such premises shall be subject to the same criteria as has been fixed by the Board for such premises, and its valuation shall be covered by such procedure as may be determined by the Board for its immediate valuation with prior mandatory filing of statement of particulars under section 16 by the owner or occupier. The valuation so made shall remain in force from the quarter intimated by the Municipality or Corporation for the unexpired portion of the period referred to in sub-section (2).

 [***********]

(4) The Corporation and [the Board of Councillors] shall in each year and within such time as may be prescribed send to the Board a list of all new buildings erected and also all existing buildings reconstructed or substantially altered or improved within their respective jurisdiction [together with suggested valuation in terms of Board’s guidelines for finalization and approval of valuation by the Board].

9A. Publication of draft valuation list. – (1) When the valuation under section 9 of the lands and buildings in any area has been completed, the Board shall cause such valuation list and the amount of property tax thereon to be entered in a list.]

(2) The Board shall publish the draft valuation list, prepared under subsection (1), in such manner, as may be prescribed and shall specify a date within which an application for objection to the draft valuation list may be filed.

(3) After the expiry of the date specified in sub-section (2) and within such period thereafter as may be prescribed, the objection of any entry in the draft valuation list shall be determined after giving the applicant an opportunity of being heard [************.]

[(4) The Board shall, with the approval of the State Government, appoint such officer of officers, having such experience and qualification, and on such terms and conditions as the State Government may by order determine, to hear and determine the objections to the draft valuation list, and the objection shall be determined in such manner as may be prescribed.][************]  

Explanation.-For the purposes of this section the term ‘previous valuation’ means the Valuation made under the Bengal Municipal Act, 1932 and in force on the date immediately before the commencement of the West Bengal Municipal Act, 1993, and under the West Bengal Municipal Act, 1993.

10.[************]

[11. Publication of final valuation list. – When the application under sub-section (2) of section 9A, if any, has been determined, the Board shall prepare a final valuation list and shall give public notice of the place or places where such list may be inspected, and such valuation list shall be the final valuation list, and shall become operative from the date or quarter succeeding last date or quarter upto which the previous valuation list was valid.]12.[************]

[12A. Alteration or amendment of [**] valuation list. – (1) Notwithstanding anything contained in section 11, the Board may at any time before[the date specified for filing the applications under sub-section (2) of section 9A] and for reasons to be recorded in writing, direct any alteration or amendment of the [**] valuation list-

(a) by inserting therein the name of any person whose name ought to be inserted; or

(b) by inserting therein any land or building previously omitted together with the valuation thereof; or

(c) by striking out the name of any person or any land or building not liable for payment of [property tax; or]

(d) by increasing or decreasing the annual valuation of any holding which, in the opinion of the Board, has been substantially undervalued or over-valued by reasons of fraud, misrepresentation, [mistake, error or subsequent construction or inadvertence;] or

[(e) by correcting any patent error or omissions.]

SEC 13-15 [*****]

16. Owner or occupier to file statement. – Every owner or occupier of any land or building shall file a statement before the Board in such manner and within such time and specifying such particulars as may be prescribed.

[18. Power to enter into land or building. – [(1) Any officer of the Board, or any person or an Agency authorised by the Board in this behalf, in writing, may enter into any land or building and make an inspection or survey, or take measurements, thereof for the purpose of valuation.](2) If such entry is refused, or any objection to such entry is made, the officer authorised under sub-section (1) may give notice in writing to the owner or the occupier of such land or building of his intention to enter into such or land building, and the owner or the occupier of such land or building shall, upon such notice being duly served on him, extend all facilities as may reasonably be expected of him to such officer [, person or the agency, as the case may be,] for entering into such land or building and for making inspection or survey, or for taking measurements, thereof as the case may be, for the purpose of valuation.]

17. Production and inspection of accounts and documents. – The Board or any of its officer authorised by the Board may, subject to such conditions as may be prescribed, require the owner or the occupier of any land or building to produce before the Board or such officer within such time as the Board or such officer may fix any accounts, registers or documents or to furnish any information relating thereto as may be considered necessary for the purpose of this Act and the owner or the occupier shall comply with such requisition.

19. Corporation and [Municipalities] to make payment to the Board. – (1) [The Calcutta Municipal Corporation, the Howrah Municipal Corporation,] [the Siliguri Municipal Corporation, the Asansol Municipal Corporation, the Chandernagore Municipal Corporation, the Municipality or other local authority of any area,] as the case may be, in respect of which notification under sub-section (1) of section 9 has been made, [may in each year pay] to the Board such proportion of the expenditure incurred by the Board on account of the valuation and assessment, as the annual value of [holdings in Calcutta, Howrah,] [Siliguri, Asansol or Chandernagore or within the jurisdiction of the Municipality or the other local authority,] as the case may be, bears to the aggregate of the annual value of the total number of holdings in the concerned area.(2) The Board shall calculate the amount payable by the Corporation, [the Municipality or the local authority] under sub-section (1) and may require the concerned body to pay the amount withing such time as may be prescribed.(3) If the amount is not paid within the prescribed time, the Board may refer the matter to the State Government and the State Government may pay the amount to the Board after deducting the same from any grant payable by the State Government to the Corporation, [the Municipality or such other local authority,] as the case may be.

[19A. Functions of the Board. – (1) The Board may render such advice on valuation and rating to a Corporation or a [Municipality] as the State Government may, from time to time, require it to do or as the Board may consider necessary for carrying out the purposes of the Act.

(2) The Board may also discharge such other functions in the field of valuation including development of expertise in valuation of land and building and training of [officers and employees of a Municipality] as the State Government may direct or as the Board may consider necessary for carrying out the purposes of this Act.]

20. Fund of the Board. – (1) The Board shall have a fund to be called the Central Valuation Board Fund to which shall be credited-

(a) such moneys as may be paid to the Board by [the Corporations, the Municipalities and the other local authorities] under section 19, and

(b) such other moneys as may be paid to the Board by the State Government or any other authority or agency.

(2) All moneys received by the Board shall be deposited in the [State Bank of India] or in one or more nationalised banks.

[21. Grants or loans to the Board. – The State Government may extend grants or loans to the Board on such terms and conditions as that Government may determine.]

22. Expenditure and accounts. – [(1) The Board shall have the same financial powers as are exercisable by the Secretary of a Department of the State Government. Matters beyond such financial powers shall be referred by the Board to the State Government for decision.][(2) The Board shall keep accounts of all receipts and expenditure, and prepare annual accounts, in a regular manner as per standard accounting norms or in such manner as may be prescribed.]

23. Audit. – (1) The Board shall cause its accounts to be audited annually by an auditor to be appointed by the State Government and the auditor so appointed shall have the right to demand the production of books, accounts, documents and other papers of the Board.[(2) The annual accounts prepared as per provisions of sub-section (2) of section 22 shall be placed to the auditor for audit. As soon as the accounts have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor to the State Government.](3) The Board shall comply with such directions as the State Government may, after perusal of the report of the auditor, think fit to issue in this behalf.(4) The Board shall pay out of the Fund such sum as may be determined by the State Government by way of fees [, if any,] for such audit.

24. Budget. – (1) The Board shall prepare each year in such form and within such time as may be prescribed a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure and shall forward a copy of the same to the State Government for approval.(2) The State Government may, in according such approval, make such additions, alterations and modifications therein as it thinks fit:Provided that before making such additions, alterations or modifications the State Government shall give the Board an opportunity to express its views thereon within such period as may be prescribed.

25. Penalty. – Any person who-

(a) fails to file the statement referred to in section 16 within the prescribed period, or files a false statement, or

(b) fails to produce the accounts, registers or documents or to furnish the information relating thereto when so required under [section 17, or]

[(c) fails to comply with the provisions of section 16,]

shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both and when the offence is a continuing one, with a daily fine not exceeding fifty rupees per day during the period of continuance of the offence.

26. Employment of staff. – The Board may employ such members of the staff [of the Corporation or the Municipality or any other local authority, as the case may be,] having jurisdiction over the area specified in the notification under sub-section (1) of section 9, [for the purpose of collection of field data for determining valuation of properties under this Act,] on such terms and conditions of service as may be determined by regulation :Provided that the terms and conditions of service of the persons so employed shall not be varied to their disadvantage :[Provided further that notwithstanding anything contained in this section, the Board may engage private agency or any other person with sufficient experience, on such terms and conditions as the State Government may, by order, determine, in the work of valuation of properties.]

[26A. Delegation of powers and functions by Board. – [(1) The Board may delegate any of its powers and functions including financial powers to the Chairman of the Board except the power under sub-section (1) of section 6.](2) The Board may also delegate any of its powers or functions to any other officer of the Board by a resolution adopted by it in this behalf.]

27.[************]


28. Power to make rules.
 – (1) The State Government may, by notification, make rules for carrying out the purposes of this Act.(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which may be or is required to be prescribed.

[27A. Members, officers and employees to be public servants. – Every Member of the Board or every officer or employee of the Board shall, when acting or purporting to act under the provisions of this Act, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.]

29. Power to make regulations. – (1) The Board may, with the previous approval of the State Government, make regulations consistent with the provisions of this Act and the rules made thereunder for carrying out the purposes of this Act.(2) The State Government may, in according such approval, make such additions, alterations and modifications therein as it thinks fit:Provided that before making such additions, alterations or modifications the State Government shall give the Board an opportunity to express its views thereon within such period not exceeding two months as may be specified by the State Government.(3) All regulations approved by the State Government shall be published in the Official Gazette.

[30. Validation and saving. – Notwithstanding anything contained in this Act, with effect from the date of coming into force of the West Bengal Valuation Board (Amendment) Act, 2009, any property tax levied on annual value of land and building, or any valuation published under this Act or any assessment list published under the West Bengal Municipal Act, 1993, or the West  Bengal Municipal Corporation Act, 2006 shall remain in force till a new valuation list is brought into effect.]


SUPREME COURT CASES

Bidhannagar (Salt Lake) Welfare Vs Central Valuation Board and Ors [SC 2007]

The Departmental Proceedings (Enforcement Of Attendance Of Witnesses And Production Of Documents) Act, 1973 [West Bengal]

West Bengal Act 24 of 1973

[7th May, 1973.]Assent of the Governor was published in the Calcutta Gazette, Extraordinary, dated the 7th May, 1973.

An Act to provide for the enforcement of attendance of witnesses and production of documents in certain departmental proceedings and for matters connected therewith or incidental thereto.

Whereas it is expedient to provide for the enforcement of attendance of witnesses and production of documents in certain departmental proceedings and for matters connected therewith or incidental thereto;

It is hereby enacted as follows :-

1. Short title and extent. – (1) This Act may be called the Departmental Proceedings (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1973.

2. Departmental proceedings to which the Act shall apply. – The provisions of this Act shall apply to every departmental proceedings made in relation to-

(a) persons appointed to public services or posts in connection with affairs of the State;

(b) persons who, having been appointed to any public service or post in connection with the affairs of the State, are in service or pay of,-

(i) any local authority,

(ii) any corporation owned or controlled by the State Government,

(iii) any Government company within the meaning of section 617 of the Companies Act, 1956, in which not less than fifty-one per cent, of the paid-up share capital is held by the State Government or any company which is a subsidiary of such Government company,

(iv) any society registered under the West Bengal Societies Registration Act, 1961, which is subject to the control of the State Government.

3. Definitions. – For the purposes of this Act,-

(a) “departmental proceedings” mean proceedings held under and in accordance with-

(i) any law made by Parliament or by the State Legislature or any rule made under any such law, or

(ii) any rule made under the proviso to article 309, or continued under article 313, of the Constitution of India,

into any allegation or lack of integrity, insubordination or dereliction of duty in any manner whatsoever, against any person to whom this Act applies;

(b) “inquiring authority” means an officer or authority appointed by the State Government or by any officer or authority subordinate to that Government to hold departmental proceedings and includes any officer or authority who is empowered by or under any law or rule for the time being in force to hold such inquiry;

(c) “lack of integrity” includes bribery or corruption.

4. Power of State Government to authorise the exercise of powers specified in section 5. – (1) Where the State Government is of opinion that for the purposes of any departmental proceedings it is necessary to summon as witnesses, or call for any document from, any class or category of persons, it may, by notification in the Official Gazette, authorise the inquiring authority to exercise the power specified in section 5 in relation to any person within such class or category and thereupon the inquiring authority may exercise such power at any stage of the departmental proceedings.(2) The power conferred on the State Government by sub-section (1) may also be exercised by such authority, not being an authority inferior to the appointing authority in relation to the person against whom the departmental proceedings are being held, as the State Government may, by notification in the Official Gazette, specify in this behalf.

5. Power of authorised inquiring authority to enforce attendance of witnesses and production of documents. – (1) Every inquiring authority under section 4 (hereinafter referred to as the ‘authorised inquiring authority”) shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters namely :-

(a) the summoning and enforcing the attendance of any witness and examining him on oath;

(b) requiring the discovery and production of any document or other material which is producible as evidence;

(c) the requisitioning of any public record from any court or office.

(2) Every process issued by an authorised inquiring authority for the attendance of any witness or for the production of any document shall be served and executed through the Chief Presidency Magistrate in Calcutta or through the District Judge in a district, within the local limits of whose jurisdiction the witness or other person, on whom the process is to served or executed, voluntarily resides or carries on business or personally works for gain, and, for the purpose of taking any action for the disobedience of any such process, every such process shall be deemed to be process issued by the Chief Presidency Magistrate or the District Judge, as the case may be.(3) Every authorised inquiring authority making any departmental proceedings under this Act shall be deemed to be a civil court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898.

6. Power to make rules. – The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

The West Bengal Board of Madrasah Education Act, 1994.

Related image

West Bengal Act 39 of 1994

[8th August, 1994.]

CHAPTER I

Assent of the Governor first publish in the Calcutta Gazette, Extraordinary, dated 8th August, 1994.

An Act to establish a Board of Madrasah Education in West Bengal and to provide for matters connected therewith or incidental thereto.

Whereas it is expedient to establish a Board of Madrasah Education in West Bengal and to provide for matters connected therewith or incidental thereto;

It is hereby enacted as follows : –

Preliminary

1. Short title, extent and commencement. – (1) This Act may be called the West Bengal Board of Madrasah Education Act, 1994.(2) It extends to the whole of West Bengal.(3) It shall come into force on such date as the State Government may, by notification, appoint.2. Definitions. – In this Act, unless the context otherwise requires, –

[(a) ‘Alim Madrasah’ means a Madrasah where the Senior Madrasah Education system is followed upto tenth class;]

[(aa)] “Board” means the West Bengal Board of Madrasah Education established under this Act;

[(aaa) ‘elementary education’ means the general education or Madrasah Education from first class to eighth class.

(aaaa) ‘Fazil Madrasah’ means a Madrasah where the Senior MAdrasah Education system is followed upto twelfth class;]

(b) “Head of Madrasah” means the head of the teaching staff of a Madrasah, by whatever name he or she may be designated;

(c) “High Madrasah” means a Madrasah where the High Madrasah Education System is followed;

(d) “Institution” means a Madrasah;

(e) “Junior High Madrasah” means a High Madrasah up to middle level;

(f) “Madrasah” means an educational institution imparting instruction in Madrasah Education;

(g) “Madrasah Education” means a system of education in which instruction is imparted in Arabic, Islamic history and culture, and theology, and includes –

(i) High Madrasah Education System which, in addition to covering Arabic language and Islamic history and culture, imparts general education [including primary education] with a view to qualifying students for admission to a certificate, diploma or degree course instituted by a University or by a Government or by any statutory authority, and includes such other type of education as the State Government may, in consultation with the Board, specify;

(ii) Senior Madrasah Education System which imparts instruction in Arabic language and literature, Islamic theology, history, culture and jurisprudence and some general education with a view to qualifying students for a certificate, diploma or degree of the Board or a University or a Government or any other statutory authority;

(h) “Managing Committee” used in reference to an Institution means the person or the body of persons for the time being entrusted with the management of the affairs of the Institution;

(i) “notification” means a notification published in the Official Gazette;

(j) “prescribed” means prescribed by rules made under this Act;

(k) “President” means the President of the Board;

(l) “Primary Education” means education imparted in a primary school as defined in any Bengal Act or West Bengal Act or education equivalent thereto;

(ll) “Primary Madrasah” means an institution where High Madrasah Education System or Senior Madrasah Education system is followed from first class to fourth or fifth class, as the case may be;

(m) “recognised” with its grammatical variations, used with reference to a Madrasah, means recognised under this Act or by the West Bengal Madrasah Education Board constituted by the State Government before the commencement of this Act;

(n) “regulation” means a regulation made by the Board under this Act;

(o) “rule” means a rule made by the State Government under this Act;

[(oo) “secondary education” means the general education or Madrash Education system is followed from first class to fourth or fifth class, as the case may be;]

(p) “Senior Madrasah” means a Madrasah where the Senior Madrasah Education System is followed.

CHAPTER II

The Board

3. Establishment and incorporation of the Board. – (1) The State Government shall, as soon as may be after this Act comes into force, establish a Board to be called the West Bengal Board of Madrasah Education.

(2) The Board shall be a body corporate with perpetual succession and a common seal, shall be entitled to acquire, hold and dispose of property, to enter into contracts and to do all other things necessary for the purposes of this Act, and shall by its name sue and be sued.

4. Composition of the Board. – The Board shall consist of the following members: –

(a) the President;

(b) the President of the West Bengal Council of Higher Secondary Education, ex officio;

(c) the President of the West Bengal Board of Secondary Education, ex officio;

(d) the President of the West Bengal Board of Primary Education, ex officio;

[(e) the Director of Madrasah Education, West Bengal, ex officio]

(f) the Head of the Department of Arabic, Calcutta University, ex-officio;

[(g) the representative of Vice-Chancellor Allah University, ex officio;]

(h) two heads of recognised Madrasahs—one High Madrasah and one Senior Madrasah—nominated by the State Government;

(i) two Members of the West Bengal Legislative Assembly nominated by the State Government;

(j) three persons nominated by the State Government of whom –

(i) one shall be a wholetime member of the teaching staff of a college imparting instruction in Arabic or Persian language and affiliated to any University in West Bengal,

(ii) one shall be an expert in Islamic Culture and Theology, and

(iii) one shall be a woman interested in Madrasah Education;

(k) Eleven whole time and permanent members of the teaching staff of recognised Madrasahs—five from High Madrasahs, three from Senior Madrasahs and two from Junior High Madrasahs and one from Primary Madrasah — elected in the manner prescribed;

(l) two persons from the wholetime and permanent non teaching staff of recognised Madrasahs elected in the manner prescribed;

(m) one person from the wholetime and permanent staff of the Board elected in the manner prescribed.

5. Appointment in default of election. – (1) If by such date as may be prescribed, any of the authorities, other than the State Government, fails to elect or nominate a member or members as provided in section 4, the State Government shall appoint member or members qualified for election or nomination by such authority:Provided that in the case of the State Legislative Assembly, if the said Assembly has been dissolved, the State Government shall appoint a suitable person to be a member to hold office until the said Assembly is reconstituted and a member is duly nominated.(2) A person appointed under this section shall be deemed to be a member duly elected or nominated under section 4.

6. Publication of the names of elected, nominated or appointed members of the Board. – The name of every person elected or nominated under section 4 or appointed under section 5 as a member of the Board shall be published in the Official Gazette as soon as may be after the election, nomination or appointment, as the case may be.

7. Term of office of members of the Board. – (1) Subject to the provisions of this Act, every elected, nominated or appointed member of the Board shall hold office for a term of four years from the date of publication of his or her name under section 6 and may, on expiration of such term, be re-elected, re-nominated or re-appointed.(2) Notwithstanding the expiration of the term of four years specified in sub-section (1), an elected, nominated or appointed member of the Board shall continue to hold office until the vacancy caused by the expiration of the said term has been filled in accordance with the provisions of this Act.

8. Casual vacancies. – If any member dies or resigns his office or ceases to be a member for any other reason, the vacancy shall be filled up by a fresh nomination or election under section 4, and the member so elected or nominated shall hold office for the unexpired portion of the term of the member whose place he fills.

9. Appointment, term of office, salary and allowances of the President. – (1) The President shall be appointed by the State Government.

(2) The term of office of the President shall be for five years.[Provided that no person who has attained the age of sixty-two years shall be eligible to hold office as President:Provided further that the State Government may, if it considers necessary so to do in the interest of public service and the reasons to be recorded in writing, by order raise the said upper age limit of sixty-two years, in a particular case, by a period not exceeding one year.]

(3) The President shall cease to hold office if, at any time, he becomes subject to any of the disqualifications referred to in sub-section (1) of section 11.(4) The President may resign his office by giving notice in writing to the State Government and, on acceptance of such resignation by the State Government, the President shall be deemed to have vacated his office.(5) The President shall receive such salary and allowances, if any, from the West Bengal Board of Madrasah Education Fund as the State Government may determine.

10. Temporary and acting arrangement for the office of the President. – If the President dies or resigns his office or ceases to hold office or is temporarily absent, the State Government shall authorise a member of the board to exercise the powers and perform the duties of the office of the President until the President resumes office or a new President is appointed, as the case may be.

11. Disqualifications for membership. – (1) A person shall be disqualified for being elected, nominated or appointed a member of the Board if he –

(a) has been adjudged by a competent court to be of unsound mind;

(b) is an undischarged insolvent;

(c) being a discharged insolvent, has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part;

(d) has been convicted by a court of an offence which is declared by the State Government to be an offence involving moral turpitude, unless –

(i) such disqualification is condoned by the State Government, or

(ii) the term of his sentence of imprisonment or a period of five years from the date of his conviction, whichever is longer, has expired;

(e) directly or indirectly, by himself or his partner, –

(i) has or had any share or interest in any text-book approved by the Board or published by or under the authority of the Board, or

(ii) has any interests in any work done by order of, or in any contract entered into on behalf of, the Board:

Provided that a person who had any share or interests in any textbook referred to in sub-clause (i) shall not be deemed to have incurred the disqualification under the said sub-clause if five years have elapsed from the date of the publication or republication of such text-book.(2) If an elected, nominated or appointed member of the Board becomes, after his election, nomination or appointment, as the case may be, subject to any of the disqualifications specified in sub-section (1), his membership shall thereupon cease with effect from such date as the State Government may direct.

12. Disputes relating to the eligibility or manner of election of members. – (1) If any question arises relating to –

(i) the eligibility of any person for election as a member of the Board, or of any Committee under this Act, or

(ii) the manner in which any such election has been held, or

(iii) the disqualification of any member of the Board, or of any Committee, continuing as such member,

such question shall be referred for decision to a Tribunal consisting of a Judicial Officer, not below the rank of a District Judge or an Additional District Judge, appointed by the State Government.(2) The Procedure to be followed by the Tribunal shall be such as may be prescribed.(3) The decision of the Tribunal under sub-section (1) shall be final and no suit or proceeding shall lie in any Civil or Criminal Court in respect of any matter which has been or may be referred to, or has been decided by, the Tribunal under that sub-section.

13. Resignation and removal of members. – (1) An elected, nominated or appointed member of the Board may resign his seat by giving notice at least for one month in writing to the President, and when such resignation is accepted by the Board, such member shall be deemed to have vacated his seat.(2) The State Government may, by notification, and after giving the member concerned an opportunity of being heard, remove any elected, nominated or appointed member of the Board if, without obtaining the consent of the President, he is absent from three consecutive meetings of the Board.

14. Conduct of meetings. – The President or, in his absence, one of the members of the Board elected from amongst those present shall preside at the meetings of the Board, and the President or such member shall be entitled to vote on any matter and shall have a second or casting vote in every case or equality of votes.

15. Restriction on voting. – (1) No member of the Board shall vote on any matter in which he has any personal or pecuniary interest or if it relates to any Institution of which he is either a teacher or a member of the Managing Committee.(2) The President or the member presiding at a meeting of the Board shall decide any question arising under sub-section (1), and his decision thereon shall be final.

16. Persons in the service of the Board. – (1) The Board shall have a Secretary who shall be appointed by the State Government.(2) The Board may appoint such other officers and employees as it considers necessary for carrying out the purposes of this Act.(3) The method of recruitment and the conditions of service (including the scales of pay and allowances, if any) shall, –

(a) as respects the Secretary, be such as may be prescribed, and

(b) as respects the other officers and employees, be such as may, subject to the approval of the State Government, be determined by regulations published in the Official Gazette.

(4) Subject to the general control and supervision of the President, Secretary shall be the principal administrative officer of the Board. He shall be entitled to attend and speak at any meetings of the Board, but shall not be entitled to vote.

17. Travelling allowance. – Such members of the Board or of any Committee constituted under this Act as are not in the service of the State Government shall, in respect of expenses incurred by them in attending meetings of the Board or of any such Committee or in exercising any powers or performing any duties conferred or imposed upon them by or under this Act, be paid by the Board such allowances and at such rates as may be prescribed.

CHAPTER III

Committees of the Board

18. Constitution of Committees. – (1) As soon as the Board is established, the Board may, with the approval of the State Government, constitute any or core of the following Committees, namely: –

(a) the Recognition Committee;

(b) the Syllabus Committee;

(c) the Examinations Committee;

(d) the Finance Committee;

(e) the Appeal Committee; and

(f) such other Committee or Committees as it may think necessary.

(2) Each of the Committees referred to in clauses (a) to (d) and (f) of sub-section (1) shall be composed of the President as its Chairman and wholly, or partly, of members of the Board, and the total number of members of such Committee including the President shall not exceed nine.(3) The Appeal Committee shall be composed of not more than seven members of whom one shall be a person who holds or has held the office of a Judge, not below the rank of an Additional District Judge to be nominated by the State Government as the Chairman, and such number of other members as the Board thinks fit shall be the members of the Board.(4) The Secretary to the Board shall act as the Secretary to each such Committee.

19. Functions of Committee. – (1) It shall be the duty of the Recognition Committee to advise the Board on all matters concerning recognition of Institutions.(2) It shall be the duty of the Syllabus Committee to advise the Board on all matters relating to the syllabus, courses of studies to be followed and the books to be studied in recognised Institutions and for examinations instituted by the Board.(3) It shall be the duty of the Examinations Committee to advise the Board on –

(a) matters relating to selection of paper setters, moderators, tabulators, examiners, invigilators, supervisors and others to be employed in connection with examinations instituted by the Board and the rates of remuneration to be paid to them;

(b) the fees to be’ paid by candidates for such examinations; and

(c) any other matter relating to such examinations which may be referred to it by the Board for advice.

(4) It shall be the duty of the Finance Committee to prepare the budget of the Board and to advise the Board on such matters relating to finance as may be referred to it by the Board for advice.(5) (a) All appeals by the members of the teaching and non-teaching staff against the decisions of the Managing Committees of the recognised Institutions shall be heard and decided by the Appeal Committee.

(b) The decisions of the Appeal Committee under clause (a) shall be final and no suit or proceeding shall lie in any Civil or Criminal Court in respect of any matter which has been or may be referred to, or has been decided by, the Appeal Committee.

(6) Any other Committee or Committees that may be constituted under clause (f) of sub-section (1) of section 18 shall have such powers or functions as the Board may confer or impose on such Committee or Committees.

CHAPTER IV

Powers and Functions of the Board and the President

20. Functions of the Board. – (1) It shall be the duty of the Board to advise the State Government on all matters relating to Madrasah Education referred to it by the State Government.(2) Subject to any general or special orders of the State Government, the provisions of this Act and any rules made thereunder, the Board shall have generally the power to direct, supervise and control Madrasah Education, and, in particular, the power –

(a) to grant or refuse recognition to Madrasah and to withdraw such recognition if it thinks fit and necessary, after considering the recommendations of the Recognition Committee in accordance with such regulations as may be made in this behalf;

(b) to maintain a register of recognised Madrasahs;

(c) to provide by regulations, after considering the recommendations of the Syllabus Committee, if any, the curriculum, syllabus, courses or studies to be followed and books to be studied in recognised Madrasahs for examinations instituted by the Board;

(d) to undertake, if necessary, with the approval of the State Government, the preparation, publication or sale of text-books and other books for use in recognised Madrasahs;

(e) to maintain and publish, from time to time, [list of holidays for recognized Madrasahs] list of books approved for use in recognised Madrasahs and for examinations instituted by the Board and to remove the name of any such book from any such list;

[(ee) to maintain, print and issue from time to time, the Registration Certificate. Admit Card, Marksheet, Migration Certificate, Certificates and such other papers as it may thinks fit;]

(f) to institute various Madrasah Examinations and such other similar examinations as it may think fit and to make regulations in this behalf;

[(g) to set down the conditions to be fulfilled by the candidates presenting themselves for examinations instituted by the Board;]

(h) to provide by regulations after considering the recommendations of the Examinations Committee, if any, the rates of remuneration to be paid to the paper-setters, moderators, tabulators, examiners, invigilators, supervisors and others employed in connection with the examinations instituted by the Board, and the fees to be paid by candidates for such examinations with the approval of the State Government;

(i) to grant or refuse permission to candidates to appear at examinations instituted by the Board and to withdraw such permission if it thinks fit in accordance with such regulations as may be made in this behalf;

(j) to provide by regulations the procedure for filling and disposal of appeals by the members of the teaching and non-teaching staff against the decisions of the Managing Committees of recognised Madrasahs;

(k) to administer the West Bengal Madrasah Education Board Fund;

(l) to institute and administer such Provident Funds as may be prescribed;

(m) to make regulations relating to the conduct, discipline and appeal in respect of the members of the staff;

(n) to perform such other functions as may be assigned to it by the State Government.

(3) Subject to the provisions of sub-section (2), the Board shall have the power to make regulations in respect of any matter for the proper exercise of its powers under this Act.[Provided that any decision or action taken or any order made by the Board in the discharge of its functions under this Act shall not be invalid merely on the ground that no regulation has been made under this sub-section.](4) No regulation shall be valid unless it is approved by the State Government and the State Government may, in according such approval, make such additions, alterations or modifications therein as it thinks fit:Provided that before making any such addition, alteration or modification, the State Government shall give the Board an opportunity to express its views thereon within such period, not exceeding one month, as may be specified by the State Government.(5) All regulations approved by the State Government shall be published in the Official Gazette.

21. Powers and duties of the President. – (1) The President shall be responsible for carrying out, and giving effect to, the decisions of the Board and of any Committee constituted under this Act.(2) The President may, in any emergency, exercise any other powers of the Board, provided, however, that he shall not act contrary to any decision of the Board and shall, as soon thereafter as may be, report to the Board the action taken by him together with the reasons therefor.(3) The President shall –

(a) exercise general supervision over the Secretary, the other officers and employees appointed by the Board, and post and transfer the members of the staff;

(b) sanction all claims of travelling allowances; and

(c) take such other action not inconsistent with any decisions of the Board as he considers necessary for the proper functioning of the Board under this Act.

CHAPTER V

Meetings

22. Meetings of the Board. – (1) The annual meeting of the Board shall be held in the month of July each year.(2) The Board shall meet at such other times, not less than four times a year, as may be appointed by the President.(3) The President shall, except in the case of an emergency meeting referred to in sub-section (6), give to each member not less than seven days’ notice of each meeting including the annual or a special meeting:Provided that the President shall, on receipt of a requisition signed by not less than ten members of the Board, call a meeting within fifteen days from the date of receipt of such requisition, and no business, other than that on account of which the requisition has been received, shall be transacted at such a meeting.(4) On receipt of a requisition signed by not less than six members of the Board, the President shall place before a meeting of the Board for discussion any decision of any Committee constituted under this Act to which such requisition relates, and the Board may revise any such decision if not less than two-thirds of the total number of members of the Board are in favour of such revision.(5) No matter which has been decided by the Board shall, within the period of six months from the date of such decision, be reconsidered except at a special meeting of the board convened for the purpose upon the requisition of ten members and unless not less than two-thirds of the total number of members of the Board vote in favour of such reconsideration.(6) In case of an emergency, the President may call a meeting, after giving not less than clear two days’ notice thereof.(7) No business shall be transacted at any meetings of the Board unless a quorum of ten members is present.

23. Meetings of Committee. – The Board shall make regulations relating to meetings of any Committee constituted under this Act and the procedure to be followed at such meetings.

CHAPTER VI

Finance and Audit

24. Annual report and budget estimate. – (1) The President shall place before the annual meeting of the Board held in the year following the year in which it is constituted and before every annual meeting thereafter a report on the working of the Board during the last preceding financial year.(2) The report shall be forwarded to the State Government within one month of the presentation thereof before the annual meeting of the Board together with such comments thereon as the Board may think fit to make.(3) (a) The Board shall hold a special meeting by the 31st October of every financial year and the President shall place before the said meeting a budget estimate showing, in such form as may be prescribed, the anticipated income and expenditure of the Board for the next financial year.

(b) The budget estimate as aforesaid shall, after confirmation by the Board, be forwarded to the State Government by the 30th November of the financial year in which the special meeting referred to in clause (a) is held.

(4) (a) The State Government shall, within two months of the receipt of the budget estimate, either accord its approval to the same or return it to the Board with such comments and suggestions as it deems necessary if, in its opinion, such estimate –

(i) is not reasonably accurate with reference to ascertainable facts or shows a deficit in the closing balance;

(ii) includes new items or recurring expenditure which are likely to impose upon the Board in the future financial liabilities which the Board is not likely to be able to meet from its income; or

(iii) includes provisions for expenditure which are not in accordance with the provisions of this Act.

(b) If the budget estimate is returned under clause (a), the Board shall consider the comments and suggestions made by the State Government and may, if it thinks fit, revise said estimate. The Board shall, then, resubmit the budget estimate as so revised to the State Government, or the Board shall, if it does not think fit to revise the estimate, resubmit it in its original form to the State Government within one month of receiving it together with its replies on the comments and suggestions made by the State Government.

(c) If the State Government does not approve of the budget estimate as revised by the Board or if the budget estimate is returned by the Board without revision, the State Government may amend the budget estimate by making –

(i) such modifications as are, in its opinion, necessary to render the estimate reasonably accurate with reference to ascertainable facts or to balance the income and expenditure,

(ii) additions, alterations or modifications in any provision relating to new expenditure of a recurring nature,

(iii) any alteration or modification in any provision for expenditure which, in its opinion, is not in accordance with the provisions of this Act, and shall forward the budget estimate as so amended to the Board.

(5) If the State Government does not accord its approval to the budget estimate under clause (b) of sub-section (3) within two months of the receipt thereof, or if the State Government does not communicate its approval of the budget estimate to the Board under clause (c) of sub-section (4) within the 31st March of the financial year immediately preceding the financial year to which the budget estimate relates, the budget estimate as forwarded to the State Government by the Board under clause (b) of sub-section (3) or as resubmitted to the State Government by the Board under clause (b) of sub-section (4), as the case may be, shall be deemed to have been approved by the State Government and shall be the budget estimate of the Board for the financial year to which it relates.

25. Payment to the Board by the State Government. – The State Government may, after considering the budget estimates, the accounts of the Board and such other reports as it may call for, make such annual or periodical grants to the Board as it may think fit:Provided that on the establishment of the Board and before the first budget estimate is forwarded to the State Government, it may, after considering such report as it may call for from the Board, make such initial grant to the Board as may, be considered necessary.

26. West Bengal Madrasah Education Board Fund. – (1) The Board shall have a Fund to be called the West Bengal Board of Madrasah Education Fund to which shall be credited –

(a) all sums which may be paid by the State Government under section 25;

(b) all fees realised under any of the provisions of this Act;

(c) all sums representing income from endowments or from property owned or managed by the Board; and

(d) all other sums received by or on behalf of the Board from any other source whatsoever.

(2) The Fund shall vest in the Board and shall be under its control and shall be held by it in trust for the purposes of this Act.(3) All monies payable to the credit of the Fund shall forthwith be paid into the Reserve Bank of India or into the State Bank of India or any branch thereof or into the United Bank of India or any branch thereof to the credit of the Fund, and all cheques drawn on the Fund shall be signed by the President or by such other person as he may authorise in writing in this behalf.

27. Application of the West Bengal Board of Madrasah Education Fund. – No expenditure shall be incurred from the Fund except for the purposes of this Act and unless such expenditure is provided for in the budget as approved under this Act or can be met by re-appropriation sanctioned in the prescribed manner.

28. Accounts. – The Board shall keep an account of all its receipts and expenditure in the manner prescribed.

29. Audit. – (1) The accounts of the Board shall be examined and audited annually in such manner as may be prescribed by an auditor or auditors appointed by the State Government.(2) For the purpose of examination and audit under sub-section (1), an auditor appointed under that sub-section may –

(a) require in writing the production before him of any document relating to the Board or the assets thereof which he considers to be necessary for the proper conduct of the audit;

(b) require in writing the personal appearance before him of any person accountable for, or having the custody or control of, any such document to answer any question relating thereto; and

(c) require any person so appearing before him to submit a statement in writing in respect of any such document.

(3) It shall be the duty of the Board and of every member thereof, and of the Secretary and the members of the staff in the service of the Board to afford to the auditor every facility for the examination and audit of the accounts of the Board and to comply with any requisition made by the auditor under sub-section (2) and with the requirement of any rule made in this behalf.(4) Any person who wilfully neglects or refuses to comply with a requisition made under sub-section (2) or with the requirement of any rule made in this behalf shall, on conviction, be punishable with fine which may extend to one hundred rupees.(5) No complaint in respect of any officer punishable under sub-section (4) shall be made except with the previous sanction of the State Government.(6) No Magistrate other than a Judicial Magistrate of the First class shall try an offence punishable under sub-section (4).

30. Audit Report. – (1) Not more than fourteen days after completion of the audit the auditor shall submit to the State Government a report on the accounts audited, and shall send a copy thereof to the Board which shall forward it to the State Government together with its observations thereon.(2) The State Government shall take such action on the audit report as it thinks fit.

CHAPTER VII

Supplemental Provisions

31. Board to furnish information. – The Board shall furnish to the State Government such reports, returns and statements as may be prescribed, and such further information on any matter relating to the Board as the State Government may require.

32. Power of State Government to suspend proceedings. – The State Government may, by order in writing specifying the reasons thereof, suspend the execution of any resolution or order of the Board or any Committee constituted under this Act and prohibit the doing of any act which purports to be done or intended to be done under this Act, if the State Government is of opinion that such resolution, order or act is in excess of the powers conferred by or under this Act upon the Board or the Committee, as the case may be.

33. Certain persons to be deemed to be public servants. – The members of the Board and of every Committee constituted under this Act, persons in the service of the Board and any person appointed under this Act to audit the accounts of the Board shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

34. Indemnity. – No suit, prosecution or other legal proceeding whatever shall lie against any person for anything in good faith done or intended to be done under this Act.

35. Power of Tribunals. – A Tribunal appointed under this Act shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oaths, and enforcing the attendance of witnesses and compelling the discovery and production of documents and shall be deemed to be a Civil Court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973.

36. Savings. – No act or proceeding taken under this Act shall be invalid on the ground merely of –

(a) the existence of any vacancy in, or defects in the initial or subsequent constitution of, the Board or any Committee constituted under this Act,

(b) any member of the Board having voted on any matter in contravention of the provisions of section 15, or

(c) any defect or irregularity not affecting the merits of the case.

37. Transitory provisions. – (1) The President shall make the first regulations for the purposes of this Act.(2) The first regulations shall remain in force for a period of one year or until regulations are made by the Board under the provisions of this Act, whichever is earlier.

38. Power to make rules. – (1) The State Government may, after previous publication, make rules for carrying out the purposes of this Act.(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: –

(a) the acquisition, possession and disposal of property by the Board, the conditions of such acquisition, possession and disposal, and performance by the Board of any function referred to in subsection (2) of section 3;

(b) the manner of election of the members of the Board specified in clauses (k), (I) and (m) of section 4;

(c) the composition, powers and functions of the Managing Committees of Institutions;

(d) the procedure to be followed by a Tribunal in deciding on questions referred to in sub-section (1) of section 12;

(e) the method of recruitment, the terms and conditions of service including the scales of pay and the rules of discipline relating to the Secretary of the Board;

(f) the rates at which the Board shall pay travelling allowance to the persons referred to in section 17;

(g) the Provident Fund referred to in clause (I) of sub-section (2) of section 20 as may be instituted and administered by the Board;

(h) the form in which the budget estimate of the Board, as referred to in clause (a) of sub-section (3) of section 24, shall be prepared;

(i) the manner in which all payments to and from the West Bengal Board of Madrasah Education Fund shall be made;

(j) the manner of reappropriation under section 27;

(k) the manner and form in which accounts of receipts and expenditure shall be kept under section 28;

(l) the manner in which examination and audit of the accounts of the Board shall be made;

(m) the reports, returns and statements to be furnished by the Board under section 31 and the forms of such reports, returns and statements;

(n) any other matter required to be prescribed or provided or made by rules.

39. Repeal, saving and validation. – (1) The resolution made under notification No. 211—Education, dated the 2nd February, 1973, by the State Government constituting the West Bengal Madrasah Education Board (hereinafter referred to as the former Board) is hereby repealed.(2) Upon such repeal, –

(a) all property and assets under the control of the former Board and all rights, liabilities and obligations acquired or incurred by the former Board before the commencement of this Act shall vest in the Board in accordance with such order as the State Government may make in this behalf;

(b) all legal proceedings or remedies instituted or enforceable by or against the former Board before the commencement of this Act may be continued or enforced, as the case may be, by or against the Board as established under this Act or, until the Board is so established, by or against such officer or authority as the State Government may by order specify;

(c) all officers and other persons in the employ of the former Board immediately before the commencement of this Act shall, until other provision in made, continue in the service of the Board;

(d) all recognised Madrasahs shall be deemed to have been recognised under this Act until the expiration of the period of recognition, subject, however, to the power of the Board, to withdraw recognition in accordance to the provisions of this Act; and

(e) all syllabuses, courses of studies and text-books in force shall, until other provision is made under this Act, continue to be followed.

40. Board to be guided by directions of the State Government. – The Board shall, in exercising its powers and performing its duties under this Act, be guided by such directions as the State Government may, by notification, give from time to time regarding the scope and content of Madrasah Education.

41. Supersession of the Board. – (1) If in the opinion of the State Government, the Board –

(a) has persistently made default in the performance of duties imposed on it, or

(b) has exceeded or abused its powers, the State Government may, by an order published in the Official Gazette and stating the reasons therefor, supersede the Board for such period, not exceeding two years, as may be specified in the order, and take such steps as may be necessary to re-establish the Board immediately on the expiry of the period of supersession.

(2) The State Government may, if it considers necessary so to do, by order extend or modify from time to time the period of supersession which shall in no case in aggregate exceed three years.

42. Consequences of supersession. – (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, with effect from the date of an order of supersession made under section 41, –

(a) all the members of the Board and the Committees constituted under this Act and the President shall vacate their offices,

(b) all the powers, duties and functions which, under the provisions of this Act or any rule or regulation made thereunder or of any other law for the time being in force, may be exercised or performed by the Board or any of the Committees or the President, shall be exercised or performed by an Administrator to be appointed by the State Government in this behalf.

Provided that an Administrator appointed under this clause may delegate any of his powers, duties or functions to such person as he may think fit or to such body as may be constituted by him;

(c) the representatives of the Board on every body, statutory or otherwise, shall vacate their respective offices as such representatives, and the Administrator may nominate such person or persons to represent the Board or that body as he may think fit.

(2) The State Government may, by an order published in the Official Gazette, cancel an order made under section 41 and re-establish the Board.(3) On the re-establishment of the Board under sub-section (3), the Administrator shall cease to exercise his powers and perform his duties.(4) The terms and conditions of service of the Administrator shall be such as may be fixed by the State Government by order made in this behalf.

43. Board to continue as a body corporate. – For removal of doubts, it is hereby declared that an order of supersession made under section 41 shall not effect or imply in any way the dissolution of the Board as a body corporate.

44. Re-establishment of the Board. – (1) The State Government shall, by an order published in the Official Gazette, specify the date on which the Board is re-established in accordance with the provisions of section 4.(2) The State Government shall, by an order published in the Official Gazette, specify the dates by which the authorities (other than the State Government) shall elect or nominate members referred to in section 4. If such member or members are not elected or nominated, as the case may be, by the specified dates, the State Government shall appoint such member or members from amongst the persons qualified for such election or nomination, as the case may be.(3) Until election of members referred to in section 4 is held, the State Government shall appoint such member or members from amongst the persons qualified for election under clauses (k), (l) and (m) of section 4.(4) (a) The members appointed under sub-section (2) shall hold office until nomination of members under section 4 is made.

(b) The members appointed under sub-section (3) shall hold office until election of members referred to in section 4 is held and the result of such election is published in the Official Gazette in this behalf.

45. Power to remove difficulties. – If any difficulty arises in giving effect to the provisions of this Act, the State Government may make such order or do such thing, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty.

The Serampore College Act, 1918 [ West Bengal ]

Related image

Bengal Act 4 of 1918

[1st May, 1918]

An Act to supplement, and in certain matters to supersede, the Royal Charter of Incorporation and the Statute and Regulation of the Serampore College.

Whereas on the 23rd day of February, 1827, the institution established in Serampore, Bengal, and known as the Serampore College, was incorporated by Royal Charter granted by his late Danish Majesty King Frederick the Sixth, with the powers and privileges in the said Royal Charter set forth, including the power of conferring upon the students of the said college degrees of rank and honour according to their proficiency in science;

And whereas by Article VI of the Treaty of Purchase, dated the 22nd February, 1845, transferring Serampore to the British Government, it was provided that the rights and immunities granted to the Serampore College by the said Royal Charter, as translated and contained in Schedule I to this Act, should not be interfered with but should continue in force in the same manner as if they had been obtained by a Charter from the British Government, subject to the general law of British India;

And whereas Statutes and Regulations for the better government of the said college and management of its concerns, as contained in Schedule II to this Act, were, on the 12th day of June, 1833, made and established under the powers conferred by Article 4 of the said Royal Charter;

And whereas, under the provisions of the said Royal Charter, the Council of the college consists of a Master or President and two or four members elected as provided in the said Statutes and Regulations, and the management of the college and its general order and government is vested in the Master and Council, and the said power of conferring degree of rank and honour is vested in the first Council and their successors for ever;And whereas it is considered that in order to give effect, under the conditions now existing, to the intentions of his late Danish Majesty and of the founders of the said college, that is to say, to promote piety and learning, particularly among the native Christian population of India, the amendment of the constitution of the college, by the enlargement of the college on an interdenominational basis, with power to delegate some of its functions, in manner hereinafter appearing, is required;

And whereas the present Council of the said college consists of the Reverend George Pearce Gould, M.A., D.D., Master and President, George Barclay Leechman, Esq., Sir George Watson Macalpine. LL.D., the Reverend Robert Forman Horton, M.A., D.D., and the Reverend George Howells, M.A., Ph.D., Principal of the college;

And whereas it is deemed expedient by the Governor an Council, with the consent of the said Council of the Serampore College, that a Faculty and Senate be constituted for the said college in manner hereinafter appearing and that suitable standards be imposed in regard to any secular degrees that may hereafter be conferred by the said Council under the terms of the said Royal Charter;

And whereas it is necessary to make provision for the above purposes by subjecting the said Royal Charter, Statutes and Regulations to an Act of the legislature under the general law of British India in accordance with the terms of the aforesaid Treaty;

And whereas the previous sanction of the Governor General in Council has been obtained to the passing of this Act.

It is hereby enacted as follows :-

1. Short title. – This Act may be called the Serampore College Act, 1918.

2. Constitution of the Council. – (1) The Council of the Sarampore College as constituted by the Royal Charter of the 23rd day of February, 1827, shall be enlarged so as to consist of not less than five nor more than sixteen ordinary members, including the Master, as the Council may from time to time determine. The first Council constituted under this section shall include the present Master and President and the other present members.

(2) At least one-third of the members of the Council shall be members of the Baptist denomination.

(3) The Master shall be the President of the Council.

(4) The Principal of the College, if not an ordinary member, shall be an additional member of the Council ex officio during his term of office as Principal of the college.

(5) Until otherwise determined by by-law made under section 14, three members of the Council shall form quorum.

3. Resignation of Members. – Any members of the Council may at any time resign his office by notice in writing to the Master, provided that no such resignation shall be deemed to take effect so long as the total number of members of the Council shall by reason thereof be less than five.

4. Election of Master. – On any vacancy occurring in the office of Master the remaining members of the Council shall elect another person, whether one of their member or not, to fill his place.

5. The College Faculty. – The Council shall, within one year from the date of the commencement of this Act, constitute and appoint in the manner prescribed in section 6, a body to be known as the college Faculty.

6. Constitution of the College Faculty. – (1) The Faculty shall consist of the Principal (who shall be its President) and such of the professors and other officials and functionaries of the college as may be appointed by the Council in accordance with by-laws made under section 14.

(2) The Council shall from time to time prescribed and declare by order in writing the powers and duties of the Faculty, and may remove any member thereof.

7. Delegation of Council’s power and duties. – The Council may delegate to the Faculty all or any of the powers and duties of the Council and Master, which concern only the internal management of the college and its general order and good government.

8. The Senate of the College. – The Council shall, within one year from the date of the commencement of this Act, constitute and appoint in the manner prescribed in section 9, a body to be known as the Senate of the college.

9. Constitution of the Senate. – The Senate shall consist of the Principal (who shall be Convenor) and not less than twelve and more than eighteen persons as the Council may from time to time determine, to be appointed by the Council:Provided that –

(a) at least one and not more than three representative of each of the following Christian denominations, viz., Anglican, Baptist, Congregational, Lutheran, Methodist, Presbyterian and Syrian, shall, as far as practicable, be members of the Senate;

(b) at least two-thirds of the members shall be persons other than professors, officials or functionaries of the college;

(c) not less than one-sixth of the members shall be members of the College Faculty.

10. Term of office of members of the Senate. – (1) Subject to the provisions of clause 11 of the Statutes and Regulations of the college, which shall be deemed to apply to members of the Senate, each member of the Senate shall hold office for a period of five years, at the expiration of which period he shall retire, but he shall be eligible for re-appointment:Provided that the Principal shall not, during the term of his office as Principal, be subject to retirement, unless he becomes disqualified under the provisions of clause 11 of the Statutes and Regulations.(2) Any member of the Senate may, by notice in writing to the Master, resign his membership at any time.

11. Duties of the Senate. – The Senate shall frame courses of study and make rules for the conduct of examinations, and shall, subject to the control, of the Council, determine the qualifications for degrees and diplomas and do and perform other matters and things necessary or proper for or relating to the determination of the eligibility of candidates for degrees, diplomas and certificates to be conferred by the Council.

12. Power of the Senate to make rules and regulations. – Subject to the provisions of this Act, the Statute shall make rules and regulations for the convening of its meetings and for the proper conduct of its business.

13. Granting of degrees. – If, at any time, the Council shall intend to grant degrees in any branch or branches of knowledge and science other than theology, such degrees shall be confined to students who shall have received regular instruction at the Serampore College; and before the Council proceeds to grant such degrees, it shall satisfy the State Government as to the adequacy-

(1) of the establishment and equipment of the College;

(2) of the academic standard to be maintained; and

(3) of the financial provision made therefor:Provided that the said Government, on ceasing to be so satisfied, may withdraw its approval of the granting of such degrees.

14. Power of the Council to make by-laws. – Subject to the provisions of this Act and of the said Royal Charter, Statutes and Regulations, so far as they are not inconsistent therewith, the Council shall make by-laws providing for and regulating the following matters, namely :-

(a) the convening of meetings of the Council;

(b) the quorum to be required at meetings of the Council and the conduct of business at such meetings;

(c) the appointment of members of the Council, Faculty and Senate;

(d) the duties to be performed by the Faculty under the direction and control of the Council;

(e) the conferring of degrees, diplomas and certificates on the recommendation of the Senate;

(f) the terms and tenure of appointments, duties, emoluments, allowances and superannuation allowances of the Principal, Professors, Fellows, Tutors and other officers of the college and of its servants;

(g) the finances and accounts of the college and the investment of its funds;

(h) the person or persons by whom, and the manner and form in which, contracts by or on behalf of the college may be entered into, varied or discharged, and deeds, agreements, contracts, cheques, and other negotiable instruments and documents may be signed or executed on behalf of the college, and minutes and proceedings of meetings of the Council, Faculty or Senate may be authenticated or evidenced so as to bind the college and be receivable in evidence in accordance with the provisions of the Indian Evidence Act, 1872;

(i) the custody and use of the common seal; and

(j) generally all such other matters as may be required or authorized under this Act and the said Royal Charter, Statutes and Regulations, so far as they are not inconsistent with this Act.

15. Effect of Act. – The provisions of the said Royal Charter and of the Statute’s and Regulations made thereunder, so far as they are contrary to or inconsistent with any of the terms of the Act, shall be deemed to be superseded from the date of the commencement of this Act:Provided that nothing in this Act shall render invalid any acts performed, duties imposed or liabilities incurred prior to the date on which this Act comes into force in accordance with the terms of the said Royal Charter, and of the Statutes and Regulations made thereunder.

Schedule I

[See Preamble and sections 2(1), 14 and 15]

Charter of incorporation of the Serampore College.

We Frederick the Sixth, by the Grace of God King of Denmark, the Vendors and Gothers, Duke of Slesving Holsten, Storman, Ditmarsken, Limessborg and Oldenborg, by these writings make known and publicly declare, that whereas William Clark Marshman, Esq., inhabitants of our town of Frederiksnagore (or Serampore) in Bengal, being desirous of founding a college to promote piety and learning particularly among the native Christian population of India, have to secure this object erected suitable buildings and purchased and collected suitable books, maps, etc., and have humbly besought us to grant unto them and such persons as shall be elected by them and their successors to form the Council of the college in the manner to be hereafter named, out Royal Charter of Incorporation that they may the more effectually carry into execution the purpose above mentioned :-

We being desirous to encourage so laudable an undertaking have of our special grace and free motion ordained, constituted, granted and declared, and by these presents We do for ourselves, our heirs and successors ordain, constitute, grant and declare:

1. That the said William Carey, Joshua Marshman and John dark Marshman, and such other person or persons as shall successively be elected and appointed the Council of the said college, in the manner hereafter mentioned, shall by virtue of these presents be for ever hereafter one body politic and incorporate by the name of the Serampore College for the purposes aforesaid to have perpetual succession and to have a common seal and by the said name to sue and to be sued, to implead and be impleaded, and, to answer and be answered unto in every Court place belonging to use, our heirs and successors.

2. And We do hereby ordain, constitute and declare that the persons hereby incorporated and their successors shall for ever be competent in law to purchase, hold and enjoy for them and their successors any goods and chattels whatsoever and to receive, purchase, hold and enjoy, they and their successors, any lands, tenements or hereditaments whatever and that they shall have full power and authority to sell, exchange or otherwise dispose of any real or personal property to be by them acquired as aforesaid, unless the sale or alienation of such property be specially prohibited by the donor or donors thereof, and to do all things relating to the said college or Corporation in as ample a manner or form as any of our liege subjects, or any other body politic or corporate in our said kingdom or its dependencies may or can do.

3. And We do hereby ordain, grant and declare that the number of Professors, Fellows or Student Tutors and Students shall be indefinite and that the said William Carey, Joshua Marshman and John Clark Marshman shall be the first Council of the said college, and that in the event of its appearing to them necessary during their lifetime, or in the case of the death of any one of the three members of the said first Council, the survivors or survivor shall and may under their respective hands and seals appoint such other person or persons to be members of the Council of the college, and to succeed each other so as to become members of the said Council in the order in which they shall be appointed, to the intent that the Council of the said college shall for ever consist of at least three persons.

4. And We do hereby further ordain, grant and declare, that for the better government of the said college and the better management of its concerns, the said William Carey, Joshua Marshman and John Clark Marshman, the members of the first Council, shall have full power and authority for the space of ten years from the date of these presents, to make and establish such Statutes as shall appear to them useful and necessary for the government of the said College, in which Statutes they shall define the powers to be entrusted to Their successors, to the Professors, the Fellows or Student Tutors and the other officers thereof, and the duties to be performed by these respectively for the management of the estates, lands, revenues and good – and of the business of the said college, and the manner of proposing, electing, admitting and removing all and every one of the Council, the Professors, the Fellows or Tutors, the officers, the students and the servants thereof, and shall make and establish generally all such other Statutes as may appear to them necessary for the future good government and prosperity of the said college, provided that these Statutes be not contrary to the laws Statutes of our realm.

5. And We do hereby further ordain, grant and declare that the Statutes thus made and established by the said three members of the first Council and given or left in writing under their respective hands, shall be valid and in full force at the expiration of ten years from the date of these presents, so that no future Council of the college shall have power to alter, change or vary them in any manner whatever, and that the Statutes shall for ever be considered the constitution of the said college. And We do hereby appoint and declare that these Statutes shall be made and established by the said William Carey, Joshua Marshman and John Clark Marshman alone, so that in case either of them should die before the expiration of ten years, the power of completing or perfecting these Statutes shall devolve wholly on the survivors or survivor; and that in case all three of them should die before the expiration of ten years, the Statutes which they have left in writing under their hands, or under the hand of the last survivor among them, shall be considered “The Fundamental Statutes and Constitution of Serampore College”, incapable of receiving either addition or alteration, and shall and may be registered in our Royal Court of Chancery as “The Statutes and Constitution of Serampore College”.

6. And We do hereby further appoint, grant and declare that from and after the completion of the Statutes of the said college in the above said time of ten years, the said Council of the college shall be deemed to consist of a Master or President and two or four members who may be Professors or otherwise as the Statutes may direct so that the said Council shall not contain less than three, nor more than five persons, as shall be defined in the Statutes. The Council shall ever be elected as the Statutes of the college may direct, yet the said Master or President shall always previously have been a member of the college; and upon the decease of the said Master or President, the Council of the said college shall be unable to do any act or deed until the appointment of a new Master or President, save and except the appointment of such a Master.

7. And We further appoint, grant and declare that the said William Carey, Joshua Marshman and John Clark Marshman, the members of the first Council, and their successors for ever, shall have the power of conferring upon the students of the said college, native Christians as well as others, degrees of rank and honour according to their proficiency in as ample a manner as any other such college, yet the said Serampore College shall only have the power of conferring such degrees on the students that testify their proficiency in science, and no rank or other special right shall be connected therewith in our dominions. And We do hereby further appoint, grant and declare, that after the expiration of the said ten years, the said Council of the college and their successors for ever shall have power to make and establish such orders and by-laws as shall appear to them useful and necessary for the government of the said college, and to alter, suspend or repeal those already made, and from time to time make such new ones in their room as shall appear to them most proper and expedient provided the same be not repugnant to the Statutes of the college or the laws of our realm, and that after the expiration of these ten years any member of the Council shall have power to move the enactment of any new by-law, or the alteration suspension or repeal of any existing one provided notice of such motion shall have been delivered in writing to the Master and read from the Chair at one previous meeting of the Council of the said college, but that no such motion shall be deemed to have passed in the affirmative, until the same shall have been discussed and decided by ballot at another meeting summoned especially for that purpose, a majority of the members then present having voted in the affirmative; and in this as in all other cases, if the votes be equal, the Master or President shall have the casting vote.Given at our Royal Palace in Copenhagen on the twenty-third day of February in the year of our Lord one thousand eight hundred and twenty-seven, in the nineteenth year of our reign.

Under our Royal Hand and Seal.

Frederick R.

Schedule II.

[See Preamble and sections 10(1), 14 and 15.]

Statutes and Regulations of the Serampore College.

June 12th, 1833.

1. Article the Third of the Charter granted by His Danish Majesty, having authorised the first Council of Serampore College in their life-time to nominate under their hand and seal such other person or persons for colleagues or successors as may to them appear most proper so that the Council shall always consist of at least three persons, their successors in the Council shall be competent in like manner to nominate in their life-time under their separate hand and seal such person or persons as they may deem most proper to fill vacancies then existing or which may occur on their demise ; members thus nominated and chosen shall succeed to the Council in order of their nomination.

2. It being fixed in the Charter that the Council must consist of the Maser or President and at least two, but not more than four members, and that on the demise of the Master no act shall be done until another be elected, the Master and Council for the time being shall appoint the next Master under their separate hand and seal. If on the demise of a Master on one be found thus appointed under the hand and seal of a majority of the Council, the senior member of the Council shall succeed as Master.

3. The Charter having given the casting vote to the Master, in all cases when the vote are equal the casting vote shall lie with the Master, and if there be no Master, it shall lie with the Senior Member of the Council.

4. Learning and piety being peculiar to no denomination of Christians, one member of the Council may at all times be of any other denomination besides the Baptist to preserve the original design of the institution. However if on the election of a Master a number of the Council be equally divided, that part which is entirely of the Baptist denomination shall have the casting vote, whether it includes the Master or not.

5. The management of the college, including its revenues and property, the choice of the Professor and Tutors, the admission of students, the appointment of all functionaries and servants’ and the general order and government of the college, shall ever be vested in the Master and the Council. The Master shall see that the Statutes and Regulations of the Council be duly carried into effect, and take order for the good government of the college in all things. His signature is necessary to the validity of all deeds, instruments, documents and proceedings.

6. “The first Council and their successors for ever” being authorized by the Charter “to confer such degrees of rank and honour as shall encourage learning” in the same manner as other colleges and Universities, they shall from time to time confer degrees in such branches of Knowledge and Science as may be studied there, in the same manner as the Universities in Denmark, Germany and Great Britain. In doing this the Master and Council shall ad libitum call in the aid of any or all the Professors of Serampore College. All such degrees shall be perfectly free of expense to the person on whom they may be conferred, whether he be in India, Europe or America.

7. No oaths shall be administered in Serampore College either to the Members of the Council, the Professors and Tutors, or the students. In all cases a solemn promise, duly recorded and signed by the party, shall be accepted instead of an oath.

8. Marriage shall be no bar to any office or situation in Serampore College, from that of the Master to that of the lowest student.

9. The salaries of the Professors and Tutors in Serampore College shall be appointed and the means of support for all functionaries, students and servants be regulated by the Council in such manner as shall best promote the objects of the institution.

10. It is intended that neither the Master nor any member of the Council in general shall receive any salary. But any Master who may not previously reside in the college shall have a residence there free of rent for himself and his family. And if the Council shall elect any one in Europe or in America, whom they deem eminent for learning and piety, a member of the Council, with a view to choosing him Master should they on trial deem him worthy, the Council shall be competent to appoint him such salary as they may deem necessary, not exceeding, however, the highest given to a Professor.

11. As the founders of the college deem the belief of Chirst’s Divinity and Atonement essential to vital Christianity, the promotion of which is the grand object of this institution, no one shall be eligible to the college Council or to any Professorship who is known to oppose these doctrines, and should any one of the Professors or any member of the Council unhappily change his views after his election as to oppose these fundamental doctrines of Christianity, on this being clearly and decidedly proved from his teaching or his writings, he shall vacate the office he previously held. But every proceeding of this nature on the part of the College Council shall be published to the Christian world with the proofs on which it may rest, as an appendix to the succeeding report.

12. Members of the Council are eligible from among the Professors of the college, or from among any in India, Europe, or America, whom the College Council may deem suitable in point of learning, piety, and talent.

13. Students are admissible at the discretion of the Council from any body of Christians, whether Protestant, Roman Catholic, the Greek, or the Armenian Church; and for the purpose of study, from the Musalman and Hindu youth, whose habits forbid their living in the college. No caste, colour, or country shall bar any man from admission into Serampore College.

14. Expulsion shall be awarded in cases of open immorality, incorrigible idleness, neglect of the College Statutes and Regulations, or repeated disobdience to the officers of the college.

15. Any person in India, Europe or America shall be at liberty to found any Professorship, or to attach to Serampore College any annual exhibition or prize for the encouragement of learning in the same manner as in Universities of Great Britain, regulating such endowment according to their own will; and it shall be the duty of the College Council to carry such benefactions into effect in strick consonance with the will of the doners as far as shall be consistent with the Statutes of the college.

16. It shall be lawful for the first Council of the college or their successors to make and rescind any by-laws whatever, provided they be not contrary to these Statutes.

17. The Charter having declared that the member of the Professors and Students in Serampore College remains unlimited, they shall be left thus unlimited, the number to be regulated only, by the gracious providence of God and the generosity of the public in India, Europe and America.

The Eastern Frontier Rifles (West Bengal Battalion) Act, 1920

Bengal Act 2 of 1920

[31st March, 1920.]

An Act to amend the law relating to the regulation of the Eastern Frontier Rifles [West Bengal Battalion].

Whereas it is expedient to amend the law relating to the maintenance of discipline among riflemen;

And Whereas the previous sanction of the Governor-General has been obtained under section 79, sub-section (2), of the Government of India Act, 1915, to the passing of this Act;It is hereby enacted as follows :-

1. Short title, local extent and commencement. – (1) This Act may be called the Eastern Frontier Rifles [West Bengal Battalion] Act, 1920:(2) It extends to the whole of [West Bengal]: and(3) It shall come into force on such day as the [State Government] may, by notification in the [Official Gazette], direct.

2. Repeal. – Repealed by Bengal Act 1 of 1939.

3. Definitions. – In this Act, unless there is anything repugnant in the subject or context,-(1) “active service” means service at outposts or against hostile tribes or other persons in the field ;(2) “Commandant” or “Assistant Commandant” means a person appointed by the [State Government] to be a Commandant or an Assistant Commandant of the Eastern Frontier Rifles [West Bengal Battalion], hereinafter referred to as the battalion:(3) “District Magistrate” includes a Deputy Commissioner [* * * * * *].(4) “rifleman” means a police-officer [enrolled under] the Police Act, 1861, who has signed the statement in the schedule to this Act in accordance with the provisions of this Act, and includes a military police-officer appointed under the Bengal Military Police Act, 1892, or the Assam Military Police Regulation. 1890, or the Eastern Bengal and Assam Military Police Act. 1912;(5) “superior officer” means, in relation to any rifleman,-

(a) any officer of a higher class than, or of a higher grade in the same class as himself, and

(b) any Assistant Commandant, Commandant or District Magistrate;

(6) the expressions “reasons to believe”, “criminal force”, “assault”, “fraudulently” and “voluntarily causing hurt” have the meanings assigned to them respectively in the Indian Penal Code.

4. Appointment and discharge. – (1) Before a police-officer [enrolled under the Police Act, 1861, is enlisted] under this Act, the statement in the schedule shall be read and, if necessary, explained, to him, in the presence of a Magistrate, Commandant or Assistant Commandant, and shall be signed by him in acknowledgement of its having been so read to him :

[Provided that, in respect of a police-officer enlisted under this Act after the commencement of the Eastern Frontier Rifles (Bengal Battalion Amendment) Act, 1941, for the words “three years” in the statement in the schedule the words “seven years” shall be substituted].

(2) Notwithstanding anything contained in section 9 of the Police Act, 1861, a rifleman shall not be entitled to be discharged except in accordance with the terms of the statement which he has signed under this Act.

5. Classes and rank of riflemen. – There may be all or any of the following classes of riflemen, who shall take rank in the order mentioned, namely ;-

(i) Subadars-Major,

(ii) Subadars,

(iii) Jamadars,

(iv) Havildars-Major,

(v) Havildars,

(vi) Naiks,

(vii) Buglers and sipahis,

and such grades in each class as the [State Government] may, from time to time, direct.

6. Heinous offences. – A rifleman who-

(a) begins, excites, causes or joins in any mutiny or sedition, or, being present at any mutiny or sedition, does not use his utmost endeavours to suppress it, or, knowing or having reason to believe in the existence, of any mutiny or sedition, does not without delay give information thereof to his Commanding or other superior officer; or

(b) uses, or attempts to use, criminal force to, or commits an assault on, his superior officer, knowing or having reason to believe him to be such, whether on or off duty; or

(c) shamefully abandons or delivers up any garrison, fortress, post or guard, which is committed to his charge or which it is his duty to defend; or

(d) in the presence of an enemy or of any person in arms against whom it is his duty to act, shamefully casts away his arms or his ammunition, or intentionally uses words or any other means to induce any other rifleman to abstain from acting against the enemy, or any such person, or to discourage such officer from acting against the enemy or such person, or who otherwise misbehaves; or

(e) directly or indirectly holds correspondence with, or communicates intelligence to, or assists, or relieves, any enemy or person in arms against the State, or omits to discover immediately to his Commanding or other superior officer any such correspondence or communications coming to his knowledge; or

(f) directly or indirectly assists or relieves with money, victuals or ammunition, or knowingly harbours or protects any enemy or person in arms against the State; or

who, while on active service-

(g) disobeys the lawful command of his superior officer; or

(h) deserts or attempts to desert the service; or

(i) being a sentry, sleeps at his post, or quits it without being regularly relieved or without leave; or

(j) without authority leaves his Commanding Officer, or his post or party, to go in search of plunder; or

(k) quits his guard, picquet, party or patrol without being regularly relieved or without leave; or

(l) uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to camp or quarters, or forces a safeguard, or without authority breaks into any house or any other place for plunder, or plunders, destroys or damages any property of any kind; or

(m) intentionally causes or spreads a false alarm in action, camp, garrison or quarters;

shall be punished with transportation for life or with imprisonment which may extend to fourteen years to which a fine not exceeding five hundred rupees may be added, or with a fine not exceeding five hundred rupees.

7. Other offences, including acts prejudicial to good order and discipline. – A rifleman who-

(a) is in a state of intoxication when on or detailed for any duty, or on parade, or on the line of march; or

(b) strikes, or forces or attempts to force, any sentry; or

(c) being in command of a guard, picquet or patrol, refuses to receive any prisoner duly committed to his charge, or, whether in such command or not, releases any prisoner without proper authority or negligently suffers any prisoner to escape; or

(d) being deputed to any guard, picquet or patrol, quits it without being regularly relieved or without leave; or

(e) being in command of a guard, picquet or patrol, permits gambling or other behaviour prejudicial to good order and discipline; or

(f) being under arrest or in confinement, leaves his arrest or confinement before he is set at liberty by proper authority; or

(g) is grossly insubordinate or insolent to his superior officer in the execution of his office; or

(h) refuses to superintend or assist in the making of any field work or other military work of any description ordered to be made either in quarters or in the field; or

(i) strikes or otherwise ill-uses any rifleman subordinate to him in rank or position; or

(j) being in command at any post or on the march and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has committed any riot or trespass, fails, on proof of the truth of the complaint, to have due reparation made as far as possible to the injured person and to report the case to the proper authority; or

(k) designedly or through neglect injures or loses or fraudulently or without due authority disposes of his arms, clothes, tools, equipment, ammunition, accoutrements or other necessaries, or any such articles entrusted to him or belonging to any other person; or

(l) malingers, feigns or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or

(m) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or any other person; or

(n) commits extortion, or without proper authority exacts from any person carriage, porterage or provisions; or

(o) designedly or through neglect kills, injures, makes away with, ill-treats or loses his horse, or any animal used in the public service; or

who, while not on active service,-

(p) disobeys the lawful command of his superior officer; or

(q) plunders, destroys, or damages any property of any kind; or

(r) being a sentry, sleeps at his post or quits it without being regularly relieved or without leave; or

(s) deserts or attempts to desert the service; or

(t) neglects to obey any battalion or other orders, or commits any act of omission prejudicial to good order and discipline, such act or omission not constituting an offence under the Indian Penal Code or any other Act in force in [West Bengal],

shall be punished with imprisonment for a term which may extend to one year, or with a fine not exceeding two hundred rupees, or with both.

8. Minor offences and punishments. – (1) A district Magistrate or a Commandant, or, subject to the control of the Commandant, an Assistant Commandant, and, subject to the same control, an officer not below the rank of a Jamadar commanding a separate detachment or an outpost or in temporary command of the battalion at the headquarters of a district during the absence of the District Magistrate, Commandant and Assistant Commandant, may, without a formal trial, award to any bugler or siphai who is subject to his authority, any of the following punishments for the commission of any petty offence against discipline, which is not otherwise provided for in this Act, or which is not of a sufficiently serious nature to call for a prosecution before a Criminal Court, that is to say-

(a) imprisonment to the extent of seven days in the quarter-guard or such other place as may be considered suitable, with forfeiture of pay and allowances during its continuance;

(b) punishment drill, extra guard, fatigue or other duty, not exceeding thirty days in duration, with or without confinement to lines;

(c) forfeiture of pay and allowances for a period not exceeding one month;

(d) any of these punishments may be awarded separately or in combination with any one or more of the others.

9. Manner of imprisonment. – Any rifleman sentenced under this Act to imprisonment for a period not exceeding three months shall, when he is also dismissed from the police force, be imprisoned in the nearest or such other jail as the [State Government] may, by general or special order, direct, but, when he is not also dismissed from that force, he may, if the convicting court or the District Magistrate so directs, be confined in the quarter-guard or such other place as the Court or Magistrate may consider suitable.

10. Powers of Commandants and Assistant Commandants for inquiring into offences under this and other Acts. – Notwithstanding anything contained in the Police Act, 1861, or in any other enactment for the time being in force, the [State Government] may invest any Commandant or Assistant Commandant with the powers of a Magistrate of any class for the purpose of inquiring into or trying any offence committed by a rifleman and punishable under the Police Act, 1861, or this Act, and any offence committed by a rifleman against the person or property of another rifleman and punishable under any section of the Indian Penal Code or of any other Act in force in [West Bengal].

11. Privileges of Commandants and Assistant Commandants. – A Commandant or Assistant Commandant shall be entitled to all the privileges which a police-officer has under sections 42 and 43 of the Police Act, 1861, section 125 of the Indian Evidence Act, 1872, and under any other enactment for the time being in force;and shall, subject to such rules as the [State Government] may from time to time make in this behalf, exercise all the powers of a District Superintendent of Police within the meaning of the Police Act, 1861.

12. Power of State Government to make rules. – The [State Government] may, as regards the battalion, make such orders and rules, consistent with this Act, as [it thinks] expedient, relative to the several matters respecting which the Inspector-General of Police, with the approval of the [Stale Government] may, as regards the police force, frame orders and rules under section 12 of the Police Act, 1861.


The Schedule

Statement

(See sections 3 and 4.)

After you have sewed for three years in the Eastern Frontier Rifles [West Bengal Battalion], you may, at any time when not on active service, apply for your discharge, through the officer to whom you may be subordinate, to a Commandant of the Battalion, or to the Magistrate of the district in which you may be serving;

And you will be granted your discharge after two months from the date of your application, unless your discharge would cause the vacancies in the battalion to exceed one-tenth of the sanctioned strength; in that case you must remain until this objection is waived by competent authority or removed.

But when on active service you have no claim to a discharge and you must remain and do your duty until the necessity for retaining you in the battalion ceases, when you may make your application in the manner hereinbefore prescribed. In the event of your re-enlistment after you have been discharged, you will have no claim to reckon for pension or any other purpose your service previous to your dis-charge.

Signature of officer in acknowledgement of the above having been read to him.

A.B.

Signed in my presence after I had ascertained that A.B. understood the purport of what he signed.

C.D.
Magistrate, Commandant or Assistant Commandant.

 Bengal Tenancy Act, 1885

1. Short title.
2. Repeal.
3. Definitions.
4. Classes of tenants.
5. Meaning of “tenure-holder” and “raiyat”.
6. Tenure held since Permanent Settlement liable to enhancement only in certain cases.
7. Limits of enhancement of rent of tenures.
8. Power to order progressive enhancement.
9. Rent once enhanced may not be altered for fifteen years.
10. Permanent tenure-holder not liable to ejectment.
11. Transfer and transmission of permanent tenure.
12. Voluntary transfer of permanent tenure.
13. Transfer of permanent tenure by sale in execution of decree other than decree for rent.
14. Transfer of permanent tenure by sale in execution of decree for rent.
15. Succession to permanent tenure.
16. Bar to recovery of rent, pending notice of succession.
16A. Interpretation.
17. Transfer of, and succession to, share in permanent tenure.
18. Incidents of holdings at fixed rates.
18B. Saving as to acceptance of landlord’s fees.
18C. Forfeiture of unclaimed landlord’s fees.
19. Continuance of existing occupancy-rights.
20. Definition of “settled raiyat”.
21. Settled raiyats to have occupancy-rights.
22. Effect of acquisition of occupancy-right by landlord.
23. Rights of raiyat in respect of use of land.
23A. Rights of occupancy-raiyat and landlord in trees.
24. Obligation of raiyat to pay rent.
25. Protection from eviction except on specified grounds.
26. Devolution of occupancy-right on death.
26A. Application of sections 26B to 26J.
26B. Holdings of occupancy-raiyats with occupancy-rights transferable.
26C. Manner of transfer and notices to landlord and co-sharers.
26D. Landlord’s transfer fee.
26E. Procedure on sale in execution of a decree, certificate or foreclosure of mortgage.
26F. Power of co-sharer of transfer or to purchase.
26G. Limitation on mortgage by occupancy-raiyat.
26H. Transfer of rent-free holdings.
26I. Interpretation and savings.
26J. Landlord’s transfer fee with compensation in certain cases of transfer.
27. Presumption as to fair and equitable rent.
28. Restriction on enhancement of money rents.
29. Enhancement of rent by contract.
30. Enhancement of rent by suit.
31. Rules as to enhancement on ground of prevailing rate.
31A. What may be taken in certain districts to be the “prevailing rate”.
31B. Limit to enhancement of prevailing rate.
32. Rules as to enhancement on ground of rise in prices.
33. Rules as to enhancement on ground of landlord’s improvement.
34. Rules as to enhancement on ground of increase in productive powers due to fluvial action.
35. Enhancement by suit to be fair and equitable.
36. Power to order progressive enhancement.
37. Limitation of right to bring successive enhancement suits.
38. Reduction of rent.
39. Price-lists of staple food-crops.
40. Commutation of rent payable in kind.
40A. Period for which commuted rents are to remain unaltered.
41. Application of Chapter.
42. Initial rent of non-occupancy-raiyat.
43. Conditions of enhancement of rent.
44. Grounds on which non-occupancy-raiyatmay be ejected.
45. Conditions of ejectment on ground of expiration of lease.
46. ConditAct No. 1 ofions of ejectment on ground of refusal to agree to enhancement.
47. Explanation of “admitted to occupation”.
47A. Application of Chapter VII to under-raiyats.
48. Liability of under-raiyat to pay rent.
48A. Enhancement of rent of under-raiyat.
48B. Enhancement by contract.
48C. Ejectment of under-raiyat.
48D. Enhancement by suit.
48E. Application for restitution by under-raiyat.
48F. Incidents of holding of under-raiyat.
48G. Occupancy-rights of under-raiyat.
48H. Provision as to salami.
49. Mortgage by under-raiyat.
49A. Application of Chapter.
49B. Restrictions on transfer of tenant rights.
49C. Lease by tenure-holder.
49D. Sub-letting by raiyat.
49E. Usufructuary mortgage by tenure-holder, raiyat or underraiyat.
49F. Application to Collector for transfer in certain cases.
49G. Courts not to register, or recognise as valid, transfers in contravention of this Chapter.
49H. Power to Collector to set aside improper transfers by tenure-holder, raiyat or under-raiyat.
49J. Resettlement of certain tenancies.
49K. Restriction on the sale of tenant’s rights under order of Court.
49L. Stay of execution of decrees.
49M. Appeal and revision.
49N. Bar to suits.
49-O. Saving of certain transfers.
50. Rules and presumptions as to fixity of rent.
51. Presumption as to amount of rent and conditions of holding.
52. Alteration of rent in respect of alteration in area.
53. Instalments of rent.
54. Time and place for payment of rent.
55. Appropriation of payments.
56. Tenant making payment of his landlord entitled to a receipt.
57. Tenant entitled to full discharge or statement of account at close of year.
58. Penalties and fine for withholding receipts and statements of accounts and failing to keep counterparts.
59. State Government to prepare forms of receipt and account.
60. Effect of receipt by registered proprietor, manager or mortgagee.
61. Application to deposit rent in Court.
62. Receipt granted by Court for rent deposited to be a valid acquittance.
63. Procedure for payment to the landlord of rent deposited.
64. Payment of refund of deposit.
64A. Penalty for refusing to receive rent tendered by postal money-order or deposited.
65. Liability to sale for arrears in case of permanent tenure, holding at fixed rates or occupancy-holding.
66. Ejectment for arrears in other cases.
67. Interest on arrears.
68. Power to award damages on rent withheld without reasonable cause, or to defendant improperly sued for rent.
69. Order for appraising or dividing produce.
70. Procedure where officers appointed.
71. Rights and liabilities as to possessions of crop.
72. Tenant not liable to transferee of landlord’s interest or rent paid to former landlord, without notice of the transfer.
73. Liability for rent before transfer of occupancy-holding.
74. Abwab, etc., illegal.
74A. Fine for realisation of abwab, etc.
75. Penalty for exaction by landlord from tenant of sum in excess of the rent payable.
75A. Suspension of provisions relating to enhancement of rent.
76. Definition of “improvement”.
77. Right to make improvements in case of holding at fixed rates and occupancy holding.
78. Collector to decide question as to right to make improvement, etc.
79. Right to make improvements in case of non-occupancy holding.
80. Registration of landlord’s improvements.
81. Application to record evidence as to improvement.
82. Compensation for raiyats’ or under-raiyats” improvements.
83. Principle on which compensation is to be estimated.
84. Acquisition of land for building and other purposes.
85. Restrictions on sub-letting.
85A. Surrender by tenure-holders.
86. Surrender.
86A. Abatement of rent on account of dilution and re-entry into loads which re-appear.
87. Abandonment.
88. Division of tenancy not valid unless consented to by all parties or ordered by Civil Court.
89. No ejectment except in execution of decree.
90. Landlord’s right to measure land.
91. Power for Court to order tenant to attend and point out boundaries.
92. Standard of measurement.
93. Power to call upon co-owners to show cause why they should not appoint a common manager.
94. Power to order them to appoint a manager if cause is not shown.
95. Power to appoint manager if order is not obeyed.
96. Power to nominate person to act in all cases under clause (b) of section 95.
97. The Court of Wards Act, 1879, applicable to management by Court of Wards.
98. Provisions applicable to manager.
99. Power to restore management to co-owners.
99A. Appointment of common agent.
100. Power to make rules.
101. Power to order survey and preparation of record-of-rights.
102. Particulars to be recorded.
102A. Power to order survey and preparation of record-of-rights as to water.
103. Power for Revenue-officer to record particulars on application of proprietor, tenure-holder or large proportion of raiyats’.
103A. Preliminary publication, amendment and final publication of record-of-rights.
103B. Certificate of, and presumption as to, final publication and presumption as to correctness, of record-of-rights.
104. Settlement of rents and preparation of Settlement Rent-roll when to be undertaken by Revenue-officer.
104A. Procedure for settlement of rents and preparation of Settlement Rent-roll under this Part.
104B. Contents of Table of Rates.
104C. Application of Table of Rates.
104D. Rules and principles to be followed in framing Table of Rates and settling rents in accordance therewith.
104E. Preliminary publication and amendment of Settlement Rent-roll.
104F. Final revision of Settlement Rent-roll, and incorporation of the same in the record-of-rights.
104G. Appeal to, and revision by, superior Revenue authorities.
104H. Jurisdiction of Civil Courts in matters relating to rent.
104J. Presumptions as to rents settled under sections 104A to 104G.
105. Settlement of rents by Revenue-officer in cases where a settlement of land revenue is not being or is not about to be made.
105A. Decision of questions arising during the course of settlement of rents under this Part.
105B. Court-fees for raising an issue under section 105A.
105C. Costs not to be awarded ordinarily in proceedings under section 105 by Revenue-officer.
106. Institution of suit before a Revenue-officer.
107. Procedure to be adopted by Revenue-officer.
108. Revision by Revenue-officer.
108A. Correction by Revenue-officer of mistakes in record-of-rights.
109. Bar to jurisdiction of Civil Courts.
109A. Appeals from decisions of Revenue-officers.
109B. Power of Revenue-officer to presume that agreements or compromises are lawful.
109C. Power to Revenue-officer to settle rents on agreement.
109D. Note of decisions on record.
110. Date from which settled rent takes effect.
111. Stay of proceedings in Civil Court during preparation of record-of•rights.
111A. Limitation of jurisdiction of Civil Courts in matters, other than rent, relating to record-of-rights.
111B. Stay of suits in which certain issues arise.
112. Power to authorise special settlement in special cases.
113. Periods for which rents as settled are to remain unaltered.
114. Expenses of proceedings under this Chapter.
115A. Demarcation of village boundaries.
115B. Correction by Revenue-officer of mistakes in record-of-rights.
115C. Appeals from decisions of Revenue-officers.
116. Saving as to certain lands.
117. Power for State Government to order survey and record of proprietor’s private lands.
118. Power for Revenue-officer to record private land on application of proprietor for tenant.
119. Procedure for recording private land.
120. Rules for determination of proprietor’s private land.
121 to 142.
143. Power to modify Civil Procedure Code in its application to landlord and tenant suits.
144. Jurisdiction in proceedings under Act.
145. Naibs or gumashtas to be recognised agents.
146. Special register of suits.
146A. Joint and several liability for rent of co-sharer tenants in a tenure or holding.
146B. Procedure in rent suit against co-sharer tenants in a tenure or holding.
147. Successive rent suits.
147A. Compromise of suits between landlord and tenant.
147B. Regard to be had by Civil Courts to entries in record-of-rights.
148. Procedure in rent suits.
148A. Power of co-sharer landlord to sue for rent in respect of his share in a tenure or holding against the tenure or holding on making remaining co-sharers parties.
149. Payment into Court of money admitted to be due to third person.
150. Payment into Court of money admitted to be due to landlord.
151. Provision as to payment of portion of money.
152. Court to grant receipt.
153. Appeals in rent suits.
153A. Deposit on application to set aside ex-parte decree.
154. Date from which decree for enhancement takes effect.
155. Relief against forfeitures.
156. Rights of ejected raiyats’ or under-raiyats’ in respect of crops and land prepared for sowing.
157. Power for Court to fix fair rent as alternative to ejectment.
158. Application to determine incidents of tenancy.
158. to 158AAA.
159. General powers of purchaser as to avoidance of incumbrances.
160. Protected interests.
161. Meaning of “incumbrance” and “registered and notified incumbrance”.
162. Application for sale of tenure or holding.
163. Combined order of attachment and proclamation of sale to be issued.
164. Sale of tenure or holding subject to registered and notified incumbrances, and effect thereof.
165. Sale of tenure or holding ‘with power to avoid all incumbrances, and effect thereof.
166. Sale of occupancy-holding with power to avoid all incumbrances, and effect thereof.
167. Procedure for annulling incumbrances under sections 164, 165 or 166.
168. Power to direct that occupancy-holding be dealt with under sections 159 to 167 as tenures.
168A. Attachment and sale of tenure or holding for arrears of rent due thereon, and liability of purchasers thereof.
169. Rules for disposal of the sale-proceeds.
170. Tenure or holding to be released from attachment only on payment into Court of amount of decree, with costs, or on confession of satisfaction by decree-holder.
171. Amount paid into Court to prevent sale to be in certain cases a mortgage-debt on the tenure or holding.
172. Inferior tenant paying into Court may deduct from rent.
173. Decree-holder may bid at sale; judgment-debtor may not.
174. Application to set aside sale.
174A. Sale when to become absolute or of be set aside, and return of purchase money in certain cases.
175. Registration of certain instruments creating incumbrances.
176. Notification of incumbrances to landlord.
177. Power to create incumbrances not extended.
178. Restrictions on exclusion of Act by agreement.
179. Permanent mukarrari leases.
180. Utbandi, chur and dearah lands.
180A. Fixing of uniform annual money rent in respect of utbandi lands.
180B. Lands in respect of which a uniform annual money rent has been fixed under section 180A to cease to be utbandi lands.
180C. Period for which rent fixed under section 180A to remain unaltered.
181. Saving as to service tenures.
182. Homesteads.
183. Saving of custom.
184. Limitation in suits, appeals and applications in Schedule III.
185. Portions of the Indian Limitation Act not applicable to such suits, etc., mentioned in Schedule III.
186. Penalties for illegal interference with produce.
186A. Damages for denial of landlord’s title.
187. Power for landlord to act through agent.
188. Action to be taken collectively by co-sharer landlord or by their common agents except in certain cases.
188A. Procedure in suits by joint landlords.
189. Power to make rules regarding procedure, powers of officers and service of notices.
190. Procedure for making publication and confirmation of rules.
191. Settlement of rent of land held in a district not permanently settled.
192. Power to alter rent in case of new assessment of revenue.
193. Rights of pasturage, forest-rights, etc.
194. Tenant not enabled by Act to violate conditions binding on landlord.
195. Savings for special enactments.
195A. Protection in certain cases for acts done.
196. Act to be read subject to Acts hereafter passed by Lieutenant-Governor of Bengal in Council.

line

Bengal Tenancy Act, 1885

Act VIII of 1885

006

[14th March, 1885]

Supplemented : Bengal Act No. 3 of 1895.

Repealed in Part and Amended : Act No. 38 of 1920; Bengal Act No. 1 of 1907; Bengal Act No. 4 of 1928; Bengal Act No. 2 of 1930 and E. B. & A. Act No. 1 of 1908.

Adapted : The Government of India (Adaptation of Indian Laws) Order, 1937; the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948 and the Adaptation of Laws Order, 1950.An Act to amend and consolidate certain enactments relating to the Law of Landlord and Tenant within the territories under the administration of the Lieutenant-Governor of Bengal.Whereas it is expedient to amend and consolidate certain enactments relating to the law of Landlord and Tenant within the territories under the administration of the Lieutenant-Governor of Bengal.It is hereby enacted as follows :—

PreliminaryCHAPTER I

  1. Short title.— (1) This Act may be called the Bengal Tenancy Act, 1885.(2)Commencement. — It shall come into force on such date (hereinafter called the commencement of this Act) as the State Government, with the previous sanction of the Central Government, may, by notification in the Official Gazette, appoint in this behalf.(3) Local extent. — It extends by its own operation to the whole of West Bengal, except —

(i) Calcutta, that is to say, the area described in Schedule I to the Calcutta Municipal Act, 1923, but excluding the area added to Calcutta as defined in clause (i) of section 3 of that Act;

(ii) (a) the area added to Calcutta as defined in clause (1) of section 3 of the Calcutta Municipal Act, 1923, or any part thereof; and

(b) any area or part of any area included in Calcutta by notification under sub-section (3) of section 543 of that Act,

if such area or part is specified in a notification made in this behalf by the State Government;

(iii) any area constituted a municipality under the provisions of the Bengal Municipal Act, 1932, or part thereof, if such area or part is specified in a notification made in this behalf by the State Government :

Provided that a notification under this clause shall be no bar to the operation of this Act in respect of agricultural lands situated within the area specified in such notification; and

(iv) the Scheduled Districts specified in the Part III of the First Schedule to the Scheduled Districts Act, 1874 :

Provided that no notification shall be issued under clause (ii) or clause (iii) of this sub-section, unless—

(a) it is previously published in the area concerned or part thereof in the prescribed manner; and

(b) both Chambers of the State Legislature, by a resolution recommend that the notification be issued.

  1. Repeal.— (1) The enactments specified in Schedule I hereto annexed are repealed in the territories to which this Act extends by its own operation.(2) Any enactment or document referring to any enactment hereby repealed shall be construed to refer to this Act or to the corresponding portion thereof.(3) The repeal of any enactment by this Act shall not revive any right, privilege, matter or thing not in force or existing at the commencement of this Act.

3. Definitions.— In this Act, unless there is something repugnant in the subject or context,—

(1) “Agricultural year” means the Bengali year commencing on the first day of Baisakh :Provided that where, immediately before the commencement of the Bengal Tenancy (Amendment) Act, 1928, any other year has prevailed for agricultural purposes that year shall continue to prevail for those purposes until the first day of Baisakh next following the date of the commencement of that Act;

(2) “Collector” means the Collector of a district or any other officer appointed by the State Government to discharge any of the functions of a Collector under this Act;

(3) “complete usufructuary mortgage” means a transfer by a tenant of the right of possession in any land for the purpose of securing the payment of money or the return of grain advanced or to be advanced by way of loan upon the condition that the loan, with all interest thereon, shall be deemed to be extinguished by the profits arising from the land during the period of the mortgage;

(4) “estate” means land included under one entry in any of the general registers of revenue-paying lands and revenue-free lands, prepared and maintained under the law for the time being in force by the Collector of a district, and includes Government khas mahalsand revenue-free lands not entered in any register;

(5) “holding” means a parcel of land or an undivided share thereof, held by a raiyat or an under-raiyat and forming the subject of a separate tenancy whether the raiyat or under-raiyat has held the land before or after the commencement of the Bengal Tenancy (Amendment) Act, 1928;

(6) “landlord” means a person immediately under whom a tenant holds, and includes the Government;

(7) “pay”, “payable” and “payment” used with reference to rent, include “deliver”, “deliverable” and “delivery”;(8) “Permanent Settlement” means the Permanent Settlement of Bengal made in the year 1793;(9) “permanent tenure” means a tenure which is heritable and which is not held for a limited time;

(10) “prescribed” means prescribed by rules made by the State Government under this Act;(11) “proprietor” means a person owning whether in trust or for his own benefit, an estate or a part of an estate;

(12) “registered” means registered under any Act for the time being in force for the registration of documents;

(13) “rent” means whatever is lawfully payable or deliverable in money or kind by a tenant to his landlord on account of the use or occupation of the land held by the tenant :In sections 53 to 68, both inclusive, sections 72 to 75, both inclusive, Chapter XIV and Schedule III of this Act, “rent” includes also money recoverable under any enactment for the time being in force as if it was rent;

(14) “Revenue-officer” in any provision of this Act includes any officer whom the State Government may appoint by name or by virtue of his office to discharge any of the functions of a Revenue-officer under that provision;

(15) “signed” includes “marked” when the person making the mark is unable to write his name, it also includes “stamped” with the name of the person referred to;

(16) “succession” includes both intestate and testamentary succession;

(17) “tenant” means a person who holds land under another person, and is, or but for a special contract would be, liable to pay rent for that land to that person :Provided that a person who, under the system generally known as “adhi”, “barga” or “bhag”, cultivates the land of another person on condition of delivering a share of the produce to that person, is not a tenant, unless—

(i) such person has been expressly admitted to be a tenant by his landlord in any document executed by him or executed in his favour and accepted by him, or

(ii) he has been or is held by a Civil Court to be a tenant;

(18) “tenure” means the interest of a tenure-holder or an under-tenure-holder;(19) “village” means the area defined, surveyed and recorded as a distinct and separate village in—

(a) the general land revenue survey which has been made of the State of West Bengal, or

(b) any survey made by the Government which has been adopted by notification in the Calcutta or Eastern Bengal and Assam and Gazette or which may be adopted by notification in the Calcutta Gazette, as defining villages for the purposes of this clause in any specified area; and where a survey has not been made by, or under the authority of, the Government, such area as the Collector may, with the sanction of the Board of Revenue, by general or special order, declare to constitute a village :

Provided that, when an order has been made under section 101 directing that a survey be made and a record-of-rights prepared in respect of any local area, estate, tenure or part thereof, the Government may, by notification in the Official Gazette, declare that in such local area, estate, tenure or part thereof “village” shall mean the area which for the purposes of such survey and record-of-rights may be adopted by the Revenue-officer with the sanction of the Board of Revenue accorded under the provisions of section 115A as the unit of survey and record.

CHAPTER II

Classes of Tenants
  1. Classes of tenants.— There shall be, for the purpose of this Act, the following classes of tenants, (namely) :—(1) tenure-holders, including under-tenure-holders,(2)raiyats, and(3) under-raiyats, that is to say, tenants holding whether immediately or mediately under-raiyats; and the following classes of raiyats, namely :—

(a) raiyats holding at fixed rates, which expression means raiyats holding either at a rent fixed in perpetuity or at a rate of rent fixed in perpetuity,

(b) occupancy-raiyats, that is to say, raiyats having a right of occupancy in the land held by them, and

(c) non-occupancy-raiyats, that is to say, raiyats not having such a right of occupancy.

  1. Meaning of “tenure-holder” and”raiyat”.— (1) “Tenure-holder” means primarily a person who has acquired from a proprietor or from another tenure-holder a right to hold land for the purpose of collecting rents or bringing it under cultivation by establishing tenants on it, and includes also the successors-in-interest of persons who have acquired such a right.(2) “Raiyat” means primarily a person who has acquired a right to hold land for the purpose of cultivating it by himself, or by members of his family, or by servants or labourers, or with the aid of partners, and includes also the successors-in-interest of persons who have acquired such a right.Explanation.—Where a tenant of land has the right to bring it under cultivation, he shall be deemed to have acquired a right to hold it for the purpose of cultivation, notwithstanding that he uses it for the purpose of gathering the produce of it or of grazing cattle on it.(3) A person shall not be deemed to be a raiyat unless he holds land either immediately under a proprietor or immediately under a tenure-holder.(4) In determining whether a tenant is a tenure-holder or a raiyat, the Court shall have regard to —

(a) local custom; and

(b) the purpose for which the right of tenancy was originally acquired.

(5) Where the area held by a tenant exceeds one hundred standard bighas, the tenant shall be presumed to be a tenure-holder until the contrary is shown.

CHAPTER III

Tenure-holders

Enhancement of rent

  1. Tenure held since Permanent Settlement liable to enhancement only in certain cases.— Where a tenure has been held from the time of the Permanent Settlement, its rent shall not be liable to enhancement except on proof—

(a) that the landlord under whom it is held is entitled to enhance the rent thereof either by local custom or by the conditions under which the tenure is held, or

(b) that the tenure-holder, by receiving reductions, of his rent, otherwise than on account of a diminution of the area of the tenure, has subjected himself to the payment affording it.

  1. Limits of enhancement of rent of tenures.— (1) Where the rent of a tenure-holder is liable to enhancement, it may, subject to any contract between the parties, be enhanced up to the limit of the customary rate payable by persons holding similar tenures in the vicinity.(2) Where no such customary rate exists, it may, subject as aforesaid, be enhanced up to such limit as the Court thinks fair and equitable.(3) In determining what is fair and equitable, the Court shall not leave to the tenure-holder as profit less than 10per cent of the balance which remains after deducting from the gross rents payable to him the expenses of collecting them, and shall have regard to—

(a) the circumstances under which the tenure was created, for instance, whether the land comprised in the tenure, or a great portion of it, was first brought under cultivation by the agency or at the expense of the tenure-holder or his predecessors-in-interest, whether any fine or premium was paid on the creation of the tenure, and whether the tenure was originally created at a specially low rent for the purpose of reclamation; and

(b) the improvements, if any, made by the tenure-holder or his predecessors-in-interest.

(4) If the tenure-holder himself occupies any portion of the land included in the area of his tenure, or has made a grant of any portion of the land either rent-free or at a beneficial rent, a fair and equitable rent shall be calculated for that portion and included in the gross rents aforesaid.

8. Power to order progressive enhancement. — If it thinks that an immediate increase of rent would produce hardship, the Court may direct that the enhancement shall take effect gradually at such times and by such instalments extending over a period not exceeding ten years as the Court may fix in this behalf.

9. Rent once enhanced may not be altered for fifteen years. —When the rent of a tenure-holder has been enhanced by the Court or by contract, it shall not be again enhanced by the Court during the fifteen years next following the date on which it has been so enhanced and for the purposes of this section, if an order for gradual enhancement of such rent has been made by a Court in accordance with the provisions of section 8, the full rent fixed by such order shall be deemed to have come into effect from the date of such order.

Other incidents of tenures

  1. Permanent tenure-holder not liable to ejectment.— A holder of a permanent tenure shall not be ejected by his landlord except on the ground that he has broken a condition on breach of which he is, under the terms of a contract between him and his landlord, liable to be ejected :Provided that where the contract is made after the commencement of this Act, the condition is consistent with the provisions of this Act.

11. Transfer and transmission of permanent tenure.— Every permanent tenure shall, subject to the provisions of this Act, be capable of being transferred and bequeathed in the same manner and to the same extent as other immovable property.

12. Voluntary transfer of permanent tenure. — (1) A transfer of a permanent tenure by sale, gift or mortgage (other than a transfer by sale in execution of a decree or by summary sale under any law relating to patni or other tenures) can be made only by a registered instrument.(2) A registering officer shall not accept for registration any instrument purporting or operating to transfer by sale, gift or usufructuary mortgage a permanent tenure in favour of any person other than the sole landlord of such tenure unless there is paid to him, in addition to any fees payable under the Act for the time being in force for the registration of documents, a process-fee of the prescribed amount and there is filed in the prescribed manner with the instrument a notice of transfer in the prescribed form for service thereof on the landlord or his common agent, if any.(3) When any such instrument is admitted to registration, the registering officer shall cause the notice of transfer referred to in sub-section (2) to be served on the landlord named in the notice or his common agent, if any, in the prescribed manner.(4) Omitted

13. Transfer of permanent tenure by sale in execution of decree other than decree for rent. — (1) When a permanent tenure is sold in execution of a decree other than a decree for arrears of rent due in respect thereof, or when a mortgage of a permanent tenure, other than an usufructuary mortgage thereof, is foreclosed, the Court shall, before confirming the sale under Rule 92 of Order XXI in Schedule I to the Code of Civil Procedure, 1908 or making a decree or order absolute for the foreclosure, require the purchaser or mortgagee to pay into Court such process fee as may be prescribed and also to file in the prescribed manner in the Court a notice of the sale or final foreclosure in the prescribed form for service thereof on the landlord or his common agent, if any.(2) When the sale has been confirmed or the decree or order absolute for foreclosure has been made, the Court shall cause the notice referred to in sub-section (1) to be served on the landlord named in the notice or his common agent, if any, in the prescribed manner.

14. Transfer of permanent tenure by sale in execution of decree for rent. — Repealed in Western Bengal by s. 2 of the Bengal Tenancy (Amendment) Act, 1907 (Bengal Act No. 1 of 1907), and in Eastern Bengal by s. 2 of the Eastern Bengal and Assam Tenancy Amendment Act, 1908 (E. B. & A. Act No. 1 of 1908).

15. Succession to permanent tenure. — When a succession to a permanent tenure takes place, the person succeeding shall give notice of the succession to the landlord or his common agent if any, in the prescribed form within six months from the date of succession, in addition to or substitution of any other mode of service, in the manner referred to in sub-section (3) of section 12 :Provided that where, at the instance of the person succeeding, mutation is made in the rent-roll of the landlord within six months of the succession, the person succeeding shall not be required to give notice under this section.

16. Bar to recovery of rent, pending notice of succession. — A person becoming entitled to a permanent tenure by succession shall not be entitled to recover by suit or other proceeding any rent payable to him as the holder of the tenure, until the duties imposed upon him by section 15 have been performed.

16A. Interpretation. — In sections 13, 15 and 16 the words “persons succeeding”, “transferee” “purchaser”, “mortgagee” and “person becoming entitled to a permanent tenure by succession” include the successors-in interest of such persons, but do not include the landlord where he is the sole landlord.

17. Transfer of, and succession to, share in permanent tenure. — Subject to the provisions of section 88, sections 12, 13, 15 16 and 16A shall apply to the transfer of, or succession to, a share in a permanent tenure.

CHAPTER IV

Raiyats holding at fixed rates

  1. Incidents of holdings at fixed rates.— (1) Araiyat holding at a rent, or rate of rent, fixed in perpetuity—

(a) shall be subject to the same provisions with respect to the transfer of, and succession to, his holding as the holder of a permanent tenure;

(b) shall not be ejected by his landlord except on the ground that he has broken a condition consistent with the provisions of this Act, and on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected;

(c) shall be deemed to be a settled raiyat of the village if he complies with the conditions set forth in section 20; and

(d) shall be entitled—

(i) to plant,

(ii) to enjoy the flowers, fruits and other products of,

(iii) to fell, and

(iv) to utilise or dispose of the timber of, any tree on the land comprised in his holding.

(2) The provisions of sections 23A to 38 (both inclusive) shall not apply to raiyats holding at fixed rates, even though such raiyats have a right of occupancy in the lands of their holdings.

CHAPTER IV A

Provisions as to transfers of tenures and holdings and landlord’s fees

18A. Saving as to statements instruments of transfer where land lord is no party. — Notwithstanding anything contained in section 13 of the Indian Evidence Act, 1872 nothing contained in any instrument of transfer to which the landlord is not a party shall be evidence against the landlord of the permanence, the amount or fixity of rent, the area, the transferability or any incident of any tenure or holding referred to in such instrument.

18B. Saving as to acceptance of landlord’s fees. — The acceptance by a landlord of the landlord’s fee payable under Chapter III or Chapter IV in respect of any tenure or holding shall not operate —

(a) as an admission of the permanence, the amount of fixity of rent, the area, the transferability or any incident of such tenure or holding, or

(b) as an express consent under section 88 to the division of such tenure or holding or to the distribution of the rent payable in respect thereof.

18C. Forfeiture of unclaimed landlord’s fees. — All landlord’s fees and landlord’s transfer fees deposited with the Collector before or after the commencement of the Bengal Tenancy (Amendment) Act, 1928, under Chapter III, IV or V, and all fees deposited with the Collector under sub-section (1) of section 48H, shall unless accepted or claimed by the landlord within five years from the date of service of notice, be forfeited to the Government.

CHAPTER V

Occupancy-raiyats

General

  1. Continuance of existing occupancy-rights.— (1) Everyraiyat who, immediately before the commencement of the Bengal Tenancy (Amendment) Act, 1928, has, by the operation of any enactment by custom or otherwise, a right of occupancy in any land, shall, when that Act comes into force, have a right of occupancy in that land.(2) The exclusion from the operation of this Act, by a notification under clause (ii), clause (iii) of sub-section (3) of section 1, of any area or part of any area referred to in those clauses shall not affect any right,obligation, or liability, previously acquired, incurred or accrued, in reference to such area or part thereof.

 

20. Definition of “settled raiyat”. — (1) Every person who for a period of twelve years, whether wholly or partly before or after the commencement of this Act, has continuously held as a raiyat land situate in any village, whether under a lease or otherwise, shall be deemed to have become, on the expiration of that period, a settled riayat of that village.(1A) A person shall be deemed, for the purposes of this section, to have continuously held land in a village, notwithstanding that such village was defined, surveyed and recorded as, or declared to constitute a village at a date subsequent to the commencement of the said period of twelve years.(2) A person shall be deemed for the purposes of this section to have continuously held land in a village notwithstanding that the particular land held by him has been different at different times.(3) A person shall be deemed, for the purposes of this section, to have held as a raiyat any land held as a raiyat by a person whose heir he is.(4) Land held by two or more co-sharers as a raiyati holding shall be deemed, for the purposes of this section, to have been held as a raiyat by each such co-sharer.(5) A person shall continue to be a settled raiyat of a village as long as he holds any land as a raiyat in that village and for one year thereafter.(6) If a raiyat recovers possession of land under section 87, he shall be deemed to have continued to be a settled raiyat notwithstanding his having been out of possession more than a year.(7) If, in any proceeding under this Act, it is proved or admitted that a person holds any land as a raiyat, it shall, as between him and the landlord under whom he holds the land, be presumed for the purposes of this section, until the contrary is proved or admitted, that he has for twelve years continuously held that land or some part of it as a raiyat.

21. Settled raiyats to have occupancy-rights. — (1) Every person who is a settled raiyat of a village within the meaning of section 20 shall have a right of occupancy in all land for the time being held by him as a raiyat in that village.(2) Every person who, being a settled raiyat of a village within the meaning of section 20, held land as a raiyat in that village at any time between the second day of March, 1883, and the commencement of this Act, shall be deemed to have acquired a right of occupancy in that land under the law then in force; but nothing in this sub-section shall affect any decree or order passed by a Court before the commencement of this Act.

22. Effect of acquisition of occupancy-right by landlord. — (1) When the immediate landlord of an occupancy holding is a proprietor or permanent tenure-holder and the entire interests of the landlord and the raiyat in the holding become united in the same person by transfer, succession or in any other way whatsoever, such person shall have no right to hold the land as a raiyat, but shall hold it as a proprietor or a permanent tenure-holder, as the case may be, but nothing in this sub-section shall prejudicially affect the rights of any third person.(2) Nothing in this section shall prevent the acquisition by transfer, succession or in any other way whatsoever, of the holding of an occupancy-raiyat or share or portion thereof together with the occupancy-rights therein by a person who is, or becomes, jointly interested in the lands as a proprietor or a permanent tenure-holder :Provided that a co-sharer landlord who purchases a holding of a raiyat at a sale in execution of a rent decree or of a certificate under this Act shall not hold the land comprised in such holding as a raiyat but shall hold the land as a proprietor or tenure-holder, as the case may be, and shall pay to his co-sharers a fair and equitable sum for the use and occupation of the same. The rent payable by the raiyat to the other co-sharer landlords at the time of transfer shall be regarded as the fair and equitable sum until otherwise determined in accordance with the principles of this Act regulating the enhancement or reduction of the rents of occupancy-raiyats.(3) A person holding land as a temporary tenure-holder or farmer of rents shall not, while so holding, acquire a right to hold as a raiyat any land comprised in his temporary tenure or farm.Explanation.— A person having a right to hold the lands of an occupancy holding as a raiyat does not lose it by subsequently holding the land as a temporary tenure-holder or farmer of rents.

Incidents of occupancy-right

  1. Rights ofraiyatin respect of use of land. — When a raiyat has a right of occupancy in respect of any land, he may use the land in any manner which does not materially impair the value of the land or render it unfit for the purposes of the tenancy.23A. Rights of occupancy-raiyat and landlord in trees. — Subject to the provisions of section 23, when a raiyat has a right of occupancy in respect of any land, he shall be entitled—

(i) to plant,

(ii) to enjoy the flowers, fruits and other products of,

(iii) to fell, and

(iv) to utilise or dispose of the timber of, any tree on such land.

  1. Obligation ofraiyatto pay rent. — An occupancy-raiyat shall pay rent for his holding at fair and equitable rates.25. Protection from eviction except on specified grounds. — An occupancy-raiyat shall not be ejected by his landlord from his holding, except in execution of a decree for ejectment passed on the ground—

(a) that he has used the land comprised in his holding in a manner which renders it unfit for the purposes of the tenancy, or

(b) that he has broken a condition consistent with the provisions of this Act, and on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected.

  1. Devolution of occupancy-right on death.— If araiyat dies intestate in respect of a right of occupancy, it shall, subject to any custom to the contrary, descend in the same manner as other immovable property : provided that, in any case in which under the law of inheritance to which theraiyat is subject his other property goes to the Government, his right of occupancy shall be extinguished.26A. Application of sections 26B to 26J. — Repealed by s. 3 of the Bengal Tenancy (Amendment) Act, 1938 (Bengal Act No. 6 of 1938).

26B. Holdings of occupancy-raiyats with occupancy-rights transferable. — The holding of an occupancy-raiyat or share or a portion thereof, together with the right of occupancy therein, shall, subject to the provisions of this Act, be capable of being transferred in the same manner and to the same extent as other immovable property.

26C. Manner of transfer and notices to landlord and co-sharers. — (I) Every transfer shall be made by registered instrument, except in the cases of a bequest or a sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act, 1913; and a registering officer shall not accept for registration any such instrument unless the sale price, or where there is no sale price, the value of the holding or portion or share thereof transferred is stated therein, and unless it is accompanied in the prescribed manner by—

(i) a notice giving particulars of the transfer in the prescribed form, together with the process fee prescribed for the service thereof on the landlord or landlords or their common agent, if any, who is or are not party or parties to the transfer, and

(ii) such notices and process fees as may be required by sub-section (4).

(2) In the case of a bequest of such a holding or portion or share thereof, no Court shall grant probate or letters of administration until the applicant files in the prescribed manner a notice and deposits a process fee similar to those referred to in clause (i) of sub-section (1).(3) A Court or Revenue-officer shall not confirm the sale of such a holding or portion or share thereof put to sale in execution of a decree or a certificate signed under the Bengal Public Demands Recovery Act, 1913, and no Court shall make a decree or order absolute for foreclosure of a mortgage of such a holding or portion or share thereof, until the purchaser or the mortgagee, as the case may be, files in the prescribed manner a notice or notices and deposits a process fee or fees similar to those referred to in sub-section (1).(4) If the transfer of a portion or share of such a holding be one to which the provisions of sub-section (1) of section 26F apply, there shall be filed in the prescribed manner notices giving particulars of the transfer in the prescribed form together with process fees prescribed for the service thereof on all the co-sharer tenants of the said holding who are not parties to the transfer.(5) The Court. Revenue-officer or registering officer, as the case may be, shall, in the prescribed manner, serve the notices for which this section provides, and after receipt of such notice, the landlord or landlord’s agent, as the case may be, shall not refuse to recognise the transferee as the tenant in respect of the holding or portion or share thereof transferred nor omit to enter the transferee’s name in the landlord’s rent-roll in place of that of the transferor or where only a share or a portion of the transferor’s interest has been transferred, along with the name of the transferor :Provided that such recognition shall not operate as an admission of the amount of rent or the area or any incident of such occupancy holding other than the existence of a right of occupancy therein or be deemed to constitute an express consent of the landlord to the division of the holding or to the distribution of the rent payable in respect thereof :Provided further that if a transfer is subsequently set aside or modified by a competent authority, the party in whose favour such order has been made shall, unless such order has been passed in a suit, appeal or other proceedings to which the landlord was a party, deposit with the authority before whom the appropriate suit or proceeding was first initiated the prescribed fee for a notice on the landlord or his common agent, if any, describing the modifications made by such order, on receipt of which notice the landlord shall cause his rent-roll to be corrected accordingly.(6) In this section —

(a) “transferee”, “purchaser” and “mortgagee” include their successors-in-interest,

(b) “transfer” does not include partition or a lease, or, until a decree or order absolute for foreclosure is made, simple or usufructuary mortgage or mortgage by conditional sale, and

(c) “transferor” includes a person whose interest in a holding or portion or share thereof has terminated in the circumstances mentioned in sub-section (2) or sub-section (3).

26D. Landlord’s transfer fee. — Repealed by section 5 of the Bengal Tenancy (Amendment) Act, 1938 (Bengal Act No. 6 of 1938).26E. Procedure on sale in execution of a decree, certificate or foreclosure of mortgage. — Repealed by section 5 of the Bengal Tenancy (Amendment) Act, 1938 (Bengal Act No. 6 of 1938).26F. Power of co-sharer of transfer or to purchase. — (1) Except in the case of—

(a) a transfer to a co-sharer in the tenancy whose existing interest has accrued otherwise than by purchase, or

(b) a transfer by exchange, lease, or partition, or

(c) a transfer by bequest, or gift (including heba but excluding heba-bil-ewaz for any pecuniary consideration) in favour of the husband or wife of the testator or the donor or of any relation by consanguinity within three degrees of the testator or donor, or

(d) a wakf in accordance with the provisions of the Muhammadan Law, or

(e) a dedication for religious or charitable purposes without any reservation of pecuniary benefit for any individual, one or more co-sharer tenants of the holding, a portion or share of which is transferred, may within four months of the service of the notice under section 26C, apply Co the Court for the said portion or share to be transferred to himself or themselves.

Explanation. — A relation by consanguinity shall, for the purposes of this section, include a son adopted under the Hindu Law.(2) The application shall be dismissed, unless the applicant or applicants at the time of making it, deposit in Court the amount of the consideration money or the value of the transferred portion or share of the holding, in the said notice, together with compensation at the rate of ten per centum of such amount.(3) If such deposit is made, the Court shall give notice to the transferee to appear within such period as it may fix and to state what other sums he has paid in respect of rent or in annulling encumbrances on the property since the date of the transfer. The Court shall then direct the applicants including any person whose application under sub-section (4) has been granted to deposit within such period as the Court thinks reasonable, such amount as the transferee has paid on such account, together with interest at the rate of six and a quarter per centum per annum with effect from the date on which the transferee made such payments.(4) (a) When an application has been made under sub-section (1) any of the remaining co-sharer tenants, including the transferee, if one of them, may within the period referred to in that sub-section or within one month of the date of the application, whichever is later, apply to join in the said application; any co-sharer tenant who has not applied under either sub-section (1) or this sub-section shall not have any further power of purchase under this section.

(b) Such application to join as a co-applicant shall be dismissed unless within such period as the Court may fix, not extending beyond the period referred to in clause (a), the applicant deposits in Court for payment to the applicant or applicants under sub-section (1), such sum as the Court shall determine as the share to be paid by him for the purposes of sub-section (2). If such deposit is made, the Court shall grant the application to join, and thereafter such applicant shall be deemed to be an applicant under sub-section (1).

(5) The Court shall thereafter make an order allowing the applications under sub-section (1) of such applicants whether they applied under sub-section (I) or sub-section (4) who have made the deposits required by this section and directing that the deposits made under sub-sections (2) and (3) shall be paid to the transferee or to such other persons as the Court thinks equitable.(6) In making an order under sub-section (5) in favour of more than one co-sharer tenant, the Court may apportion the property comprised in the portion or share transferred among the applicants in such manner as it deems equitable after taking existing possession into consideration; the Court shall so apportion the said property or portion thereof on the request of any applicant, and in this case may require the applicant who makes such request to make, within such period as the Court may fix, such further deposits as the Court considers necessary for equitable distribution among the remaining applicants :Provided that no apportionment order under this sub-section shall operate as a division of the holding.(7) From the date of the making of the order under sub-section (5)—

(a) the right, title, and interest in the portion or.share of the holding, accruing to the transferee from the transfer shall, subject to the provisions of section 22 and to any order passed under sub-section (6), be deemed to have vested, jointly and free from all encumbrances which have been annulled or created after the date of the transfer, in the co-sharer tenants, whose applications to purchase have been allowed under this section,

(b) the liability of the transferee for the rent due from him on account of the transfer shall cease, and

(c) the Court on further application of such applicant or applicants may place him or them, as the case may be, in possession of the property vested in them.

(8) When a transferee is divested of his right, title and interest under the provisions of sub-section (7), he shall for the purposes of clauses (a),(c) and (d) of section 156 be deemed to be a raiyat ejected from his holding by proceedings for his ejectment commencing on the date on which the application under sub-section (1) was made.(9) Nothing in this section shall take away the right of preemption conferred on any person by Muhammadan Law.(10) An appeal shall lie to the ordinary Civil Appellate Court from any order of a Court under this section.(11) In this section “transfer” does not include simple or usufructuary mortgage or mortgage by conditional sale until a decree or order absolute for foreclosure is made.26G. Limitation on mortgage by occupancy-raiyat. — (I) An occupancy-raiyat may enter into a complete usufructuary mortgage in respect of his holding or of a portion or share thereof for any period which does not and cannot, in any possible event, by any agreement, express or implied, exceed fifteen years and notwithstanding anything contained in this Act or in any other law or in any contract, no other form of usufructuary mortgage so entered into after the commencement of the Bengal Tenancy (Amendment) Act, 1928, shall have any force or effect.(1a) Notwithstanding anything contained in this Act or in any other law for the time being in force or in any contract, every mortgage (including a mortgage by conditional sale) entered into by an occupancy-raiyat in respect of his holding or of a portion or share thereof in which possession of land is delivered to the mortgagee —

(a) which was so entered into before the commencement of the Bengal Tenancy (Amendment) Act, 1928, and was subsisting on or after the first day of August, 1937, or

(b) which, being other than a usufructuary mortgage having under sub-section (1) no force or effect, was so entered into after the commencement of the Bengal Tenancy (Amendment) Act, 1928, and before the commencement of the Bengal Tenancy (Amendment) Act, 1940, and was subsisting on or after the commencement of the Bengal Tenancy (Amendment) Act, 1940, shall be deemed to have taken effect as a complete usufructuary mortgage for the period mentioned in the instrument or for fifteen years, whichever is less.

(1b) Notwithstanding anything contained elsewhere in this Act or in any other law or in any contract, no mortgage (other than a complete usufructuary mortgage) entered into by an occupancy-raiyat in respect of his holding or of a portion or share thereof after the commencement of the Bengal Tenancy (Amendment) Act, 1940, in which possession of land is delivered to the mortgagee, shall have any force or effect.(2) Notwithstanding any contract to the contrary, entered into before or after the commencement of the Bengal Tenancy (Amendment) Act, 1928, such a complete usufructuary mortgage, or a mortgage referred to in sub-section (1a) may be redeemed at any time before the expiry of the period referred to in sub-section (1) or sub-section (1a).(3) Every such complete usufructuary mortgage entered into after the commencement of the Bengal Tenancy (Amendment) Act, 1928, shall be registered under the Indian Registration Act, 1908.(4) Notwithstanding anything contained elsewhere in this Act or in any other law no document creating or purporting to create —

(a) a complete usufructuary mortgage of the holding or of a portion or share of the holding of an occupancy.-raiyat for a period exceed fifteen years, or

(b) an usufructuary mortgage of such holding, portion or share, other than a complete usufructuary mortgage, or

(c) a mortgage of such holding, portion or share other than a complete usufructuary mortgage or a usufructuary mortgage referred to in clause (b) in which possession of land is delivered to the mortgagee, shall be admitted to registration, nor shall any such document be received in evidence or acted on in any Court or by any public servant :

Provided that—

(i) a document referred to in clauses (a) or (b) which was executed before the commencement of the Bengal Tenancy (Amendment) Act, 1928, or

(ii) a document referred to in clause (c) which was executed before the commencement of the Bengal Tenancy (Amendment) Act, 1940, may be so received in evidence or so acted upon as a complete usufructuary mortgage for the period mentioned therein or for fifteen years, whichever is less.

(5) Notwithstanding anything contained in this Act or in any other law or in any contract, the consideration (with all interest thereon) for a complete usufructuary mortgage or for another form of usufructuary mortgage deemed under sub-section (I a) to have taken effect as a complete usufructuary mortgage, entered into by an occupancy-raiyat in respect of his holding or a portion or share thereof, shall be deemed to have been extinguished on the expiry of the period (a) mentioned in the instrument of the mortgage, or (b) of fifteen years, whichever is less from the date of the registration of the instrument or where there is no registered instrument, from the date of the mortgagee’s entry into possession, and the mortgagor shall there upon become entitled to possession of the mortgaged property, and he may, if he is not forthwith given possession, apply to the Court to be restored to possession thereof and to be awarded such compensation as may appear to the Court to be equitable in respect of the period during which the mortgagee retained possession after the date on which the mortgagor became entitled to be restored to possession :Provided that, if in the case of such a mortgage subsisting on or after the first day of August 1937, the said period has, on the date of the commencement of the Bengal Tenancy (Amendment) Act, 1938, already expired, the mortgagor shall, immediately on the commencement of the said Act, become entitled to possession of the mortgaged property, but he shall not be entitled to, nor shall the mortgagee be liable for, any compensation in respect of the mortgagee’s possession from the date of the expiry of the said period to the date of the commencement of the said Act.(6) An application under sub-section (5) shall be accompanied by a process fee of the prescribed amount for service of notice on the mortgagee, and the Court to which such an application is made, may, after service of such notice, award to the mortgagor such compensation as appears equitable and may pass an order restoring possession of the mortgaged property to the mortgagor.(7) Any order made by a Court under sub-section (6) shall have the effect of a decree of a Civil Court and shall be subject to the provisions of the Code of Civil Procedure, 1908, in respect of appeal, revision or review :Provided that, notwithstanding anything contained in this Act or in any other Act for the time being in force, a memorandum of appeal or application for review or revision under this sub-section shall be chargeable with a fee of twelve annas only.(8) Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract, in respect of a mortgage by conditional sale subsisting on the date of the commencement of the Bengal Tenancy (Amendment) Act, 1940, in which possession of land has been delivered to the mortgagee—

(a) the mortgagor may at any time institute a suit for a declaration that the original principal, together with all interest due thereon, has been extinguished by the profits arising from the land in respect of which, and subsequent to the date on which, possession was so delivered, and for recovery of possession of the mortgaged property, and

(b) the mortgagee may, at any time after the expiry of fifteen years from the date of the instrument creating the mortgage, institute a suit for a declaration that the original principal, together with all interest due thereon, has not been extinguished by the profits arising from the land in respect of which, and subsequent to the date on which, possession was so delivered.

(9) In any suit instituted under sub-section (8) the Court may, if it thinks fit, reopen any transaction relating to the mortgage for the purpose of ascertaining whether the mortgagee in possession has derived from the mortgaged property profits sufficient to extinguish the original principal, together with simple interest thereon calculated at the rate of eight per centum per annum.(10) In any suit instituted under sub-section (8), if the Court is satisfied that the original principal, together with all interest due thereon, has been extinguished by the profits arising from the mortgaged property or by any other means, it shall make a declaration to this effect and shall pass a decree restoring possession of the mortgaged property to the mortgagor.(11) In any suit instituted under sub-section (8), if the Court is satisfied that the original principal, together with all interest due thereon, has not been extinguished by the profits arising from the mortgaged property or by any other means, it shall make a declaration to this effect, and may fix any sum, not exceeding the original principal, on payment of which the mortgagor shall be entitled to redeem the mortgaged property and may pass a decree accordingly, allowing the mortgagor a reasonable period within which to make such payment; and in any such decree the Court may further direct that, if such payment is not made within the period so fixed, the mortgagee shall retain possession of the mortgaged property for such period as may be specified in the decree and that, after the expiry of that period the original principal, together with all interest due thereon, shall be deemed to be extinguished and possession of the mortgaged property shall be restored to the mortgagor.(12) Subject to the provisions of sub-section (13), the decision of the Court under sub-section (10) or sub-section (11) shall be final.(13) The provisions of the Code of Civil Procedure, 1908, relating to appeals shall apply to all decrees or orders made under sub-sections (10) and (11), but notwithstanding anything contained in the Indian Limitation Act, 1908, or in this Act, the period of limitation for an appeal to the Court of a District Judge against any such decree or order shall be ninety days from the date of the decree or order appealed from.26H. Transfer of rent-free holdings. — Repealed by section 8 of the Bengal Tenancy (Amendment) Act, 1938 (Bengal Act No. 6 of 1938).26I. Interpretation and savings. — Repealed by section 8 of the Bengal Tenancy (Amendment) Act, 1938 (Bengal Act No. 6 of 1938).26J. Landlord’s transfer fee with compensation in certain cases of transfer. — Repealed by s. 8 of the Bengal Tenancy (Amendment) Act, 1938 (Bengal Act No. 6 of 1938).

Enhancement of rent

  1. Presumption as to fair and equitable rent.— The rent for the time being payable by an occupancy-raiyatshall be presumed to be fair and equitable until the contrary is proved.

28. Restriction on enhancement of money rents. — Where an occupancy-raiyat pays his rent in money, his rent shall not be enhanced except as provided by this Act.

29. Enhancement of rent by contract. — The money-rent of an occupancy-raiyat may be enhanced by contract, subject to the following conditions :—

(a) the contract must be in writing and registered;

(b) the rent must not be enhanced so as to exceed by more than two annas in the rupee the rent previously payable by the raiyat;

(c) the rent fixed by the contract shall not be liable to enhancement during a term of fifteen years from the date of the contract :

Provided as follows-

(i) Nothing in clause (a) shall prevent a landlord from recovering rent at the rate at which it has been actually paid for a continuous period of not less than three years immediately preceding the period for which the rent is claimed.

(ii) Nothing in clause (b) shall apply to a contract by which a raiyat binds himself to pay an enhanced rent in consideration of an improvement which has been or is to be effected in respect of the holding by, or at the expense of, his landlord, and to the benefit of which the raiyat is not otherwise entitled; but an enhanced rent fixed by such a contract shall be payable only when the improvement has been effected, and, except when the raiyat is chargeable with default in respect of the improvement, only so long as the improvement exists and substantially produces its estimated effect in respect of the holding.

(iii) When a raiyat has held his land at a specially low rate of rent in consideration of cultivating a particular crop for the convenience of the landlord, nothing in clause (b) shall prevent the raiyat from agreeing, in consideration of his being released from the obligation of cultivating that crop, to pay such rent as he may deem fair and equitable.

  1. Enhancement of rent by suit.— The landlord of a holding held at a money-rent by an occupancy-raiyatmay, subject to the provisions of this Act, institute a suit to enhance the rent on one or more of the following grounds (namely) :—

(a) that the rate of rent paid by the raiyat is below the prevailing rate paid by occupancy-raiyats for land of a similar description and with similar advantages in the same village or in neighbouring villages, and that there is no sufficient reason for his holding at so low a rate;

(b) that there has been a rise in the average local prices of staple food-crops during the currency of the present rent;

(c) that the productive powers of the land held by the raiyat have been increased by an improvement effected by, or wholly or partly at the expense of, the landlord during the currency of the present rent;

(d) that the productive powers of the land held by the raiyat have been increased by fluvial action.

Explanation. — “Fluvial action” includes a change in the course of a river rendering irrigation from the river practicable when it was not previously practicable.

  1. Rules as to enhancement on ground of prevailing rate.— Where an enhancement is claimed on the ground that the rate of rent paid is below the prevailing rate—

(a) in determining what is the prevailing rate the Court shall have regard to the rates generally paid during a period of not less than three years before the institution of the suit, and shall not decree an enhancement unless there is a substantial difference between the rate paid by the raiyat and the prevailing rate found by the Court;

(b) if in the opinion of the Court the prevailing rate of rent cannot he satisfactorily ascertained without a local inquiry, the Court may direct that a local enquiry be held under Order 26 in Schedule I to, and section 78 of, the Code of Civil Procedure, 1908, by such Revenue-officer as the State Government may authorise in that behalf by rules made under Rule 9 in Order 26 in Schedule I to the said Code;

(c) in determining under this section the rate of rent payable by a raiyat his caste shall not be taken into consideration, unless it is proved that by local custom caste is taken into account in determining the rate; and whenever it is found that by local custom any description of raiyatshold land at favourable rates of rent, the rate shall be determined in accordance with that custom;

(d) in ascertaining the prevailing rate of rent the amount of any enhancement authorised on account of a landlord’s improvement shall not be taken into consideration;

(e) if a favourable rate has been determined under cause (c) for any description of raiyats, such rate may, if the Court thinks fit, be left out of consideration in ascertaining the prevailing rate;

(f) if the holding is held at a lump rental, the determination of the rent to be paid may be made by ascertaining the different classes of land comprised within the holding, and applying to the area of each class the prevailing rate paid on that class within the village or neighbouring villages.

31A. What may be taken in certain districts to be the “prevailing rate”. — (1) In any district or part of a district to which this sub-section is extended by the State Government by notification in the Official Gazette, whenever the prevailing rate for any class of land is to be ascertained under section 30, clause (a), by an examination of the rates at which lands of a similar description and with similar advantages are held within any village or villages, the highest of such rates at which and at rates higher than which the larger portion of those lands is held may be taken to be the prevailing rate.

Illustrations

(a) The rates at which land of a similar description and with similar advantages is held in a village are as follows :

Bighas Rs. a. p.
100 at 1 0 0
200 1 8 0
150 1 12 0
100 2 0 0
150 2 4 0
Total 700

Then Rs. 2-4 is not the prevailing rate, because only 150 bighas, or less than half, are held at that rate. Rs. 2 is not the prevailing rate, because 250 bighas, or less than half, are held at that or a higher rate. Re. 1-12 is the prevailing rate, because 400 bighas, or more than half are held either at this or a higher rate, and this is the highest rate at which, and at rates higher than which, more than half the land is held.

(b) The rates at which land of a similar description and with similar ad-vantages is held in a village are as follows :

Bighas Rs. a. p.
100 at 1 0 0
250 1 4 0
150 1 8 0
150 1 12 0
50 2 0 0
Total 700

Then for the reasons given in illustration (a), neither Rs. 2 nor Rs. 1 12 is the prevailing rate, nor is Re. 1-8 the prevailing rate, because only 550bighas (exactly half) are held are at Re. 1-8 or at rates higher than Re. 1-8. In this case Re. 1-4 is the prevailing rate, because more than half the lands are held at Re. 1-4 or higher rates and this is the highest rate at which, and at rates higher than which, more than half the land is held.(2) The State Government may, by a like notification, withdraw sub section (1) from any district or part of a district to which it has been extended as aforesaid.

31B. Limit to enhancement of prevailing rate. — When the prevailing rate has once been determined by a Revenue-officer under Chapter X or by a Civil Court in any suit under this Act, it shall not be liable to enhancement save on the ground and to the extent specified in section 30, clause (b), and section 32.

32. Rules as to enhancement on ground of rise in prices. — Where an enhancement is claimed on the ground of a rise in prices—

(a) the Court shall compare the average prices during the decennial period immediately preceding the institution of the suit with the average prices during such other decennial period as it may appear equitable and practicable to take for comparison;

(b) the enhanced rent shall bear to the previous rent the same proportion as the average prices during the last decennial period bear to the average prices during the previous decennial period taken for purposes of comparison, : provided that, in calculating this proportion, the average prices during the later period shall be reduced by one-third of their excess over the average prices during the earlier period;

(c) if in the opinion of the Court it is not practicable to take the decennial periods prescribed in clause (a) the Court may, in its discretion, substitute any shorter periods therefor.

  1. Rules as to enhancement on ground of landlord’s improvement.—(1) Where an enhancement is claimed on the ground of a landlord’s improvement—

(a) the Court shall not grant an enhancement unless the improvement has been registered in accordance with this Act;

(b) in determining the amount of enhancement the Court shall have regard to-

(i) the increase in the productive powers of the land caused or likely to be caused by the improvement,

(ii) the cost of the improvement,

(iii) the cost of the cultivation required for utilising the improvement, and

(iv) the existing rent and the ability of the land to bear a higher rent.

(2) A decree under this section shall, on the application of the tenant or his successor-in-interest, be subject to reconsideration in the event of the improvement not producing or ceasing to produce the estimated effect.

34. Rules as to enhancement on ground of increase in productive powers due to fluvial action. — Where an enhancement is claimed on the ground of an increase in productive powers due to fluvial action —

(a) the Court all not take into account any increase which is merely temporary or casual;

(b) the Court may enhance the rent to such an amount as it may deem fair and equitable, but not so as to give the landlord more than one-half of the value of the net increase in the produce of the land.

  1. Enhancement by suit to be fair and equitable.— Notwithstanding anything in sections 30 to 34, the Court shall not in any case decree any enhancement which is under the circumstances of the case unfair or inequitable.36. Power to order progressive enhancement.— If the Court passing a decree for enhancement considers that the immediate enforcement of the decree to its full extent will be attended with hardship to theraiyat, it may direct that the enhancement shall take effect gradually at such times and by such instalments extending over a period not exceeding ten years as the Court may fix in this behalf. For the purposes of section 37, however, the full rent shall be deemed to have come into force from the date of the decree.

37. Limitation of right to bring successive enhancement suits. —(1) A suit instituted for the enhancement of the rent of a holding on the ground that the rate of rent paid is below the prevailing rate, or on the ground of a rise in prices, shall not be entertained if within the fifteen years next preceding its institution the rent of the holding has been enhanced by a contract made after the second day of March, 1883, or if a decree has been passed under this Act or any enactment repealed by this Act enhancing the rent on either of the grounds aforesaid or on any ground corresponding thereto or dismissing the suit on the merits.(2) Nothing in this section shall affect the provisions of Rule 1 of Order XXIII in Schedule I to the Code of Civil Procedure, 1908.

Reduction of rent

  1. Reduction of rent.— (1) An occupancy-raiyatmay institute a suit for the reduction of his rent on one or more of the following grounds, and, except as hereinafter provided in the case of a diminution of the area of the holding, not otherwise (namely) :

(a) on the ground that the soil of the holding has without the fault of the raiyat become permanently deteriorated by a deposit of sand or other specific cause, sudden or gradual,

(b) on the ground that there has been a fall, not due to a temporary cause, in the average local prices of staple food-crops during the currency of the present rent, or

(c) on the ground that the landlord has refused or neglected to carry out the arrangements, in respect of the irrigation or the maintenance of embankments which were in force at the time when the rent was settled, and the soil of the holding has thereby deteriorated.

Explanation.— A suit for reduction of rent properly framed for the purpose may be instituted or a plea for reduction of rent taken by any one among a number of co-sharer tenants of a holding.(2) In any suit instituted under this section, the Court may direct such reduction of the rent as it thinks fair and equitable.

Price-lists

  1. Price-lists of staple food-crops.— (1) The Collector of every district shall prepare, monthly, or at shorter intervals, periodical lists of the market prices of staple food-crops grown in such local areas as the State Government may from time to time direct, and shall submit them to the Board of Revenue for approval or revision.(2) The Collector may, if so directed by the State Government, prepare for any local area like price-lists relating to such past times as the State Government thinks fit, and shall submit the lists so prepared to the Board of Revenue for approval or revision.(3) The Collector shall, one month before submitting a price-list to the Board of Revenue under this section, publish it in the prescribed manner within the local area to which it relates, and if any landlord or tenant of land within the local area; within the said period of one month, presents to him in writing any objection to the list, he shall submit the same to the Board of Revenue with the list.(4) The price-lists shall, when approved or revised by the Board of Revenue, be published in theOfficial Gazette; and any manifest error in any such list discovered after its publication may be corrected by the Collector with the sanction of the Board of Revenue.(5) The State Government shall cause to be complied from the periodical lists prepared under this section lists of the average prices prevailing throughout each year, and shall cause them to be published annually in the Official Gazette.(6) In any proceedings under this Chapter for an enhancement or reduction of rent on the ground of a rise or fall in prices, the Court shall refer to the lists published under this section, and shall presume that the prices shown in the lists prepared for any year subsequent to the passing of this Act are correct and may presume that the prices shown in the lists prepared for any year prior to the passing of this Act are correct unless, and until it is proved that they are incorrect.(7) The State Government shall make rules for determining what are to be deemed staple food-crops in any local area and for the guidance of officers preparing price lists under this section.40. Commutation of rent payable in kind.— Repealed by s. 28 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).40A. Period for which commuted rents are to remain unaltered.—Repealed by s. 29 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

CHAPTER VI

Non-occupancy-raiyats

  1. Application of Chapter.— This Chapter shall apply toraiyats not having a right of occupancy who are in this Act referred to as non-occupancy-raiyats.42. Initial rent of non-occupancy-raiyat. — When a non-occupancy-raiyat is admitted, to the occupation of land, he shall become liable to pay such rent as may be agreed on between himself and his landlord at the time of his admission.43. Conditions of enhancement of rent. — The rent of a non-occupancy-raiyat shall not be enhanced except by registered agreement or by agreement under. section 46 :Provided that nothing in this section shall prevent a landlord from recovering rent at the rate at which it has been actually paid for a continuous period of not less than three years immediately preceding the period for which the rent is claimed.44. Grounds on which non-occupancy-raiyat may be ejected. — A non-occupancy-raiyat shall, subject to the provisions of this Act, be liable to ejectment on one or more of the following grounds, and not otherwise (namely) :

(a) on the ground that he has failed to pay an arrear of rent;

(b) on the ground that he has used the land in a manner which renders it unfit for the purposes of the tenancy, or that he has broken a condition consistent with this Act and on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected;

(c) where he has been admitted to occupation of the land under a registered lease, on the ground that the term of the lease has expired;

(d) on the ground that he has refused to agree to pay a fair and equitable rent determined under section 46, or that the term for which he is entitled to hold at such a rent has expired.

  1. Conditions of ejectment on ground of expiration of lease.— Repealed in Western Bengal by s. 2 of the Bengal Tenancy (Amendment) Act, 1907 (Bengal Act No. 1 of 1907), and in Eastern Bengal by s. 2 of the Eastern Bengal and Assam Tenancy (Amendment) Act, 1908 (E. B. and A. Act No. 1 of 1908).46. ConditAct No. 1 ofions of ejectment on ground of refusal to agree to enhancement. — (1) A suit for ejectment on the ground of refusal to agree to an enhancement of rent shall not be instituted against a non-occupancy – raiyat unless the landlord has tendered to the raiyat a draft of an agreement to pay the enhanced rent, and the raiyat has within three months before the institution of the suit refused to execute the agreement.(2) A landlord desiring to tender a draft of an agreement to a raiyat under this section may file it in the office of such Court or officer as the State Government appoints in this behalf for service on the raiyat. The Court or officer shall forthwith cause it to be served on the raiyat in the prescribed manner, and when it has been so served it shall for the purposes of this section be deemed to have been tendered.(3) If a raiyat on whom a draft of an agreement has been served under sub-section (2) executes the agreement, and within one month from the date of service files it in the office from which it issued, it shall take effect from the commencement of the agricultural year next following.(4) When an agreement has been executed and filed by a raiyat under sub-section (3), the Court or officer in whose office it is so filed shall forthwith cause a notice of its being so executed and filed to be served on the landlord in the prescribed manner.(5) If the raiyat does not execute the agreement and file it under subsection (3), he shall be deemed for the purposes of this section to have refused to execute it.(6) If a raiyat refuses to execute an agreement of which a draft has been tendered to him under this section, and the landlord thereupon institutes a suit to eject him, the Court shall determine what rent is fair and equitable for the holding.(7) If the raiyat agrees to pay the rent so determined, he shall be entitled to remain in occupation of his holding at that rent for a term of five years from the date of the agreement, but on the expiration of that term shall be liable to ejectment subject to the provisions of this Act, unless he has acquired a right of occupancy.(8) If the raiyat does not agree to pay the rent so determined the Court shall pass a decree for ejectment.(9) In determining what rent is fair and equitable the Court shall have regard to the rents generally paid by raiyats for land of a similar description and with like advantages in the same village.(10) A decree for ejectment passed under this section shall take effect from the end of the agricultural year in which it is passed.47. Explanation of “admitted to occupation”. — Where a raiyat has been in occupation of land and a lease is executed with a view to a continuance of his occupation, he is not to be deemed to be admitted to occupation by that lease for the purposes of this Chapter, notwithstanding that the lease may purport to admit him to occupation.

CHAPTER VII

Under-raiyats

47A. Application of Chapter VII to under-raiyats. — The provisions of this Chapter shall apply to all under-raiyats whether their tenancies were created before or after the commencement of the Bengal Tenancy (Amendment) Act, 1928.48. Liability of under-raiyat to pay rent. — When an under-raiyat is admitted to the occupation of land, he shall, subject to the provisions of this Act, become liable to pay such rent as may be agreed on between himself and his landlord at the time of his admission :Provided that the rent or rate of rent agreed upon shall not be less than the rent or the rate of rent payable by the raiyat to his landlord.48A. Enhancement of rent of under-raiyat. — The rent of an under raiyat shall not be enhanced except under the provisions of sections 48B or 48D or section 48D, as the case may be.48B. Enhancement by contract. — (1) The money rent of an under raiyat may be enhanced by a written registered contract :Provided that the rent shall not be enhanced so as to exceed by more than four annas in the rupee the rent previously payable by the under-raiyat, except in the following cases, namely :—

(i) When an under-raiyat binds himself to pay an enhanced rent in consideration of an improvement which has been or is to be effected in respect of the holding wholly or partly at the cost of his landlord and to the benefit of which the under-raiyat is not otherwise entitled, but an enhanced rent fixed by such a contract shall be payable only when the improvement has been effected and except when the under raiyatis chargeable with default in respect of the improvement, only so long as the improvement exists and substantially produces its estimated effect in respect of the holding.

(ii) When an under-raiyat has held his land at a specially low rate of rent in consideration of cultivating a particular crop for the convenience of his landlord, and the under-raiyat agrees, in consideration of his being released from the obligation of cultivating that crop, to pay such rent as he may deem fair and equitable.

(2) The rent fixed by a contract under the provisions of sub-section (1) shall not be liable to enhancement during a period of fifteen years from the date of such contract.48C. Ejectment of under-raiyat. — An under-raiyat shall, subject to the provisions of this Act, be liable to ejectment on one or more of the following grounds, and not otherwise, namely :—

(a) on the ground that he has failed to pay an arrear of rent :

Provided that, if the under-raiyat is one whose rent is payable in terms of cash and not of produce and he pays through the Court all arrears up to date together with such interest and damages as the Court may award, he shall not be liable to ejectment on account of such arrears;

(b) on the ground that he has used the land in a manner which renders it unfit for the purposes of the tenancy, or that he has broken a condition consistent with this Act and on the breach of which he is, under the terms of the contract between himself and his landlord, liable to be ejected;

(c) on the ground that the terms of his lease has expired, when he holds the land under a written lease;

(d) on the ground that the tenancy has been terminated by his landlord by one year’s notice expiring at the end of the agricultural year when he holds the land otherwise than under a written lease; or

(c) on the ground that he does not agree to pay the rent determined by the Court under sub-section (4) of section 48D :

Provided that an under-raiyat shall not be liable to ejectment on the grounds specified in clause (c) or clause (d) —

(i) if the under-raiyat has —

(1) been admitted in a document by the landlord to have a permanent and heritable right to his land, or,

(2) been in possession of his land for a continuous period of twelve years whether before or after or partly before and partly after the commencement of the Bengal Tenancy (Amendment) Act, 1928, or has a homestead thereon,

(ii) in the case of under-raiyats’ other than those described in clause (i) of this proviso unless the landlord has satisfied the Court that he requires the land for his homestead or for cultivation by himself or by members of his family or by hired servants or with aid of parties.

48D. Enhancement by suit. — (1) The landlord of an under-raiyat may, subject to the provisions of this Act, institute a suit to enhance the rent of the under-raiyat, and to eject the under-raiyat if he refuses to pay the rent determined by the Court.(2) The Court shall determine what rent is fair and equitable for the holding : provided that the rate of rent so determined shall not in the case of a money rent exceed one-third of the value of the average estimated produce of the land for the decennial period preceding the institution of the suit and in the case of a produce rent one-half of such produce.(3) The Court shall thereupon inquire from the under-raiyat if he agrees to pay the rent so determined. If the under-raiyat agrees, he shall be entitled to remain in occupation of his holding at that rent for a term of fifteen years from the date of the agreement.(4) If the under-raiyat does not agree to pay the rent so determined, the Court shall pass a decree for ejectment.(5) A decree for ejectment passed under this section shall take effect from the end of the agricultural year in which it is passed.48E. Application for restitution by under-raiyat. — When a landlord has ejected an under-raiyat on the grounds specified in clause (c) or clause (d) of section 48C, the under-raiyat may apply to the Court by which the decree for ejectment was passed to be put in possession of the holding from which he was ejected by way of restitution if, within four years of the ejectment, the landlord sublets the holding or any portion thereof; and thereupon the Court may, if satisfied after inquiry that the landlord did not use the land for his homestead, or for cultivation by himself or by hired servants or by members of his family or with the aid of partners, order a recovery of possession on such terms, if any, with respect to compensation to the persons injured as to the Court may seem just.48F. Incidents of holding of under-raiyat. — The holding of an under raiyat shall descend in the same manner as other immovable property, but subject to the provisions of sub-section (2) of section 48G, shall not be transferable except with the, consent of the landlord.48G. Occupancy-rights of under-raiyat. — (1) Every under-raiyat who, immediately before the commencement of the Bengal Tenancy (Amendment) Act, 1928, had by custom a right of occupancy in any land, shall have a right of occupancy in that land.(2) Every under-raiyat who has a right of occupancy in his holding shall have, as regards his immediate landlord, all the rights and liabilities of araiyat with a right of occupancy, as set forth in —

(i) Chapter V other than those conferred or imposed by sections 20, 21 and 22,

(ii) sections 65, 116 and 178, so far as possible, and

(iii) Chapter XIV,

and his holding, as against such landlord, shall be deemed to be the holding of an occupancy-raiyat for the purposes of the said sections or Chapters.(3) The interest of an under-raiyat who has a right of occupancy in his holding shall not be deemed to be protected interest under clause (d) of section 160.(4) The provisions of sections 48A to 48E shall not apply to an underraiyat who has a right of occupancy in his holding, in so far as such provisions are inconsistent with this section.48H. Provision as to salami. — Repealed by s. 15 of the Bengal Tenancy (Amendment) Act, 1938 (Bengal Act No. 6 of 1938).49. Mortgage by under-raiyat. — (1) Notwithstanding anything contained in section 48F an under-raiyat may enter into a complete usufructuary mortgage in the same manner and on the same conditions as are provided in section 26G for occupancy-raiyats’ and the provisions of that section shall apply so far as may be to under-raiyats’ as if they were occupancy-raiyats’.(2) Such mortgage shall not be binding upon the landlord of the. under-raiyat.

CHAPTER VILA

Restrictions on Alienation of Land by Aboriginals

49A. Application of Chapter. — (1) This Chapter shall apply in the first instance only to the Santhal of the districts of Birbhum, Bankura and Midnapore, who shall be deemed to be aboriginals for the purposes of this Chapter.(2) The State Government may, from time to time, by notification published in the Official Gazette, declare that the provisions of this Chapter shall, in any district or local area, apply to such of the following aboriginal castes or tribes as may be specified in the notification, and that such castes or tribes shall be deemed to be aboriginals for the purposes of this Chapter, namely :—Santhals of other districts, Bhuiyas, Bhumijes, Dalus, Garos, Gonds, Hadis, Hajangs, Hos, Kharias, Kharwars, Kochs (Dacca Division), Koras, Maghs (Bakarganj District), Mal and Sauria Paharias, Meches, Mundas, Mundais, Oraons and Turis.(3) The publication of a notification under sub-section (2) shall be conclusive evidence that the provisions of this Chapter have been duly applied to such castes or tribes.(4) The State Government may, by a like notification, declare that this Chapter shall, in any district or local area, cease to apply to the Santhals mentioned in sub-section (1) or to any caste or tribe to which it may have been applied under sub-section (2).(5) Notwithstanding anything elsewhere contained in this Act, the State Government may, in the manner provided for in sub-sections (2) and (4), declare that the provisions of this Chapter applicable to aboriginal raiyats’ shall apply, so far as may be, or cease to apply to raiyats’ within such colonisation areas in the Sundarbans as may be specified in the notification.49B. Restrictions on transfer of tenant rights. — No transfer by an aboriginal tenure-holder, raiyat or under-raiyat of his right in his tenure or holding, or in any portion ‘thereof, by private sale, gift, will, mortgage, lease or any contract or agreement shall be valid to any extent except as provided in this Chapter.49C. Lease by tenure-holder. — An aboriginal tenure-holder may grant a lease to another aboriginal, to hold the land as a tenure-holder, or to cultivate it as a raiyat, in accordance with the provisions of this Act.49D. Sub-letting by raiyat. — An aboriginal raiyat may sub-let his holding to another aboriginal to cultivate it as an under-raiyat.49E. Usufructuary mortgage by tenure-holder, raiyat or underraiyat. — (1) An aboriginal tenure-holder, raiyat or under- raiyat may enter with another aboriginal into a complete usufructuary mortgage in respect of any land under his own cultivation, for any period which does not and cannot, in any possible event, by an agreement, express or implied, exceed seven years, or the period of his own right, whichever is less :Provided that every mortgage so entered into shall be registered under the Indian Registration Act, 1908.(2) An aboriginal tenant’s power to mortgage his land shall be restricted to only one form of mortgage, namely, a complete usufructuary mortgage.49F. Application to Collector for transfer in certain cases. — (1) If in any case—

(a) an aboriginal tenure-holder is unable to lease his land as provided in section 49C, or an aboriginal raiyat is unable to sub-let his holding as provided in section 49D, or an aboriginal tenure-holder, raiyat or under-raiyat is unable to mortgage his land to another aboriginal as provided in section 19E, sub-section (1), or

(b) an aboriginal tenure-holder, raiyat or under-raiyat desires to transfer his land, or any portion thereof, by private sale, gift or will to any person, he may apply to the Collector for permission, in case (a), to transfer the same to a person who is not an aboriginal, or in case (b), to transfer the same by private sale, gift or will to any person; and the Collector may pass such order on the application as he thinks fit.

(2) Every such transfer shall be made by registered deed, and before the deed is registered and the land transferred, the written consent of the Collector shall be obtained to the terms of the deed and to the transfer.(3) Nothing in this section shall validate a transfer of any land or portion thereof which, by the terms upon which it is held, or by any law or local custom, would not be transferable except for the provisions of this section.49G. Courts not to register, or recognise as valid, transfers in contravention of this Chapter. — No transfer by an aboriginal tenure-holder,raiyat or under-raiyat in contravention of the provisions of this Chapter shall be registered or in any way recognised as valid by any Court, whether in the exercise of civil, criminal or revenue jurisdiction.49H. Power to Collector to set aside improper transfers by tenure-holder, raiyat or under-raiyat. — (1) If a transfer of a tenure or holding, or any portion thereof, is made by an aboriginal tenure-holder, raiyat or under-raiyat in contravention of the provisions of section 49B, or if the transferee has continued or is in possession in contravention of the provisions of section 49E, sub-section (1), or section 49F, as the case may be, the Collector may, on his own initiative or on application made in that behalf, by an order in writing, eject the transferee from such tenure, holding or portion :Provided that—

(a) the transferee whom it is proposed to eject has not been in continuous possession in contravention of this Act for twelve years, and

(b) he is given an opportunity of showing cause against the order of ejectment.

(2) When the Collector has passed any order under sub-section (1), he shall either —

(a) restore the transferred land to the aboriginal tenure-holder, raiyat or under-raiyat, or his heir or legal representative, or

(b) failing the transferor or his heir or legal representative, declare that the right of settlement is vested in the landlord subject to the provisions of section 49J : provided that if the right is not exercised within one year, the Collector may, within six months, settle the land on behalf of the landlord on such terms as he deems fit with an aboriginal; and, if the Collector is unable to make such settlement within the said period, an unrestricted right of settlement will vest in the landlord.

49J. Resettlement of certain tenancies. — (1) Whenever—

(a) the right of settlement of any tenancy, or any portion thereof, is declared to be vested in the landlord under clause (h) of sub-section (2) of section 49H, or

(b) an aboriginal tenant surrenders his tenancy, or a portion thereof or abandons his residence and ceases to hold his tenancy, the landlord may, subject to the provisions of sections 86, 86A and 87,—

(i) settle the tenancy, or a portion thereof, with an aboriginal, or

(ii) with the approval of the Collector in writing, settle the same with a person who is not an aboriginal or retain it in his own possession : provided that such approval shall not be withheld if the Collector is satisfied that the surrender or abandonment referred to in this sub-section is not made with the object of evading the provisions of section 49B, 49E or 49F.

(2) If any land resettles or otherwise deals with any tenancy as aforesaid in contravention of the provisions of sub-section (1), the Collector may take action, so far as may be, in accordance with the provisions of section 49H.

49K. Restriction on the sale of tenant’s rights under order of Court. —(1) Notwithstanding anything contained in this Act, no decree or order shall be passed by any Court for the sale of the right of an aboriginal tenure-holder, raiyat or under-raiyat in his tenure or holding, or in any portion thereof, nor shall any such right be sold in execution of any decree or order :Provided that any tenure or holding belonging to an aboriginal may be sold in accordance with the provisions of sub-section ( 2) in execution of a decree of a competent Court to recover an arrear of rent which has accrued in respect of the tenure or holding.(2) When a decree for an arrear of rent which accrued in respect of a tenure or holding of an aboriginal tenant has been passed, such decree shall be executable solely by the Collector and the Court shall, on application made in this behalf by the decree-holder, send the decree to the Collector for execution and the Collector in execution of the said decree may, in his discretion,—

(a) eject the said aboriginal tenant and settle the said tenure or holding or a portion thereof with another aboriginal tenant on payment of the decretal amount by such other aboriginal tenant, or

(b) place the landlord in possession of the said tenure or holding or a portion thereof for a period not exceeding seven years; and if the Collector, in executing a decree under this sub-section,—

(i) sells the said tenure or holding, he shall, subject to the provisions of sub-section (3), follow the procedure applicable to sales of land by a Civil Court in execution of decrees for arrears of rent;

(ii) places the landlord in possession of the said tenure or holding or any portion thereof for any period, the decree shall, at the end of such period, be deemed to have been satisfied in full and the Collector may then restore the said tenure or holding or portion to the aboriginal tenure-holder, raiyat or under-raiyat, as the case may be, against whom the said decree was executed or to the successor-in-interest of such tenure-holder, raiyat or under-raiyat or may settle it with another aboriginal :

Provided that no portion of a tenure or holding shall be sold or settled by the Collector under this sub-section if such sale or settlement would result in bringing the rent for such portion below two rupees in the case of a tenure or one rupee in the case of a holding.(3) (a) Before issuing a proclamation for the sale of any tenure or holding in execution of a decree referred to in sub-section (2), the Collector shall after hearing the decree-holder and the judgment-debtor divide the tenure or holding into such number of smaller areas to be specified as lots as the Collector thinks fit for the purpose of being sold separately and shall specify the lots in the proclamation.

(b) When any tenure or holding has been advertised for sale by the issue of a proclamation referred to in clause (a), each lot specified in the proclamation shall be put up to auction separately and as soon as the total amount of the bid reaches a sum sufficient to liquidate the amount of the decree and costs including the costs of sale, the sale shall be stopped and no further lots shall be knocked down, and if even after all the lots have been separately put up to auction the total amount of the bid does not reach a sum sufficient to liquidate the amount of the decree and costs as aforesaid, all the lots shall be put up to auction together.

(4) Before restoring or settling a tenure or holding under sub-section (2), the Collector may, if he is satisfied that the rent of the tenure or holding has been illegally enhanced or is substantially in excess of the rent payable by tenants of the same class for lands of the same description with similar advantages in the vicinity, pass an order altering the amount of the rent of the tenure or holding to an amount which he considers to be fair.(5) Notwithstanding anything contained in this Act, where a portion of a tenure or holding is sold or settled under sub-section (2),

(a) the Collector shall before confirming the sale or making the settlement distribute the rent of the tenure or holding over such portion and the remaining portion or portions of the tenure or holding and in making such distribution the Collector shall follow, as far as may be, the procedure laid down in section 88; and

(b) the division of the said tenure or holding consequent upon such sale or settlement and the distribution of the rent of such tenure or holding made under clause (a) shall, subject to the provisions of section 49M, be binding on the tenants and the landlord concerned.

(6) Nothing in this section shall affect,—

(a) any right to execute a decree for the sale of any such tenure or holding or the terms or conditions of any bona fide contract relating thereto if such decree was passed or such contract was registered

(i) in the case of Santhals of the districts of Birbhum, Bankura and Midnapore, before the 1st November, 1916, and

(ii) in the case of other castes and tribes to which this Chapter has been applied, at least one year before the date of the publication of the notification under sub-section (2) of section 49A in respect of such castes or tribes, or

(b) any right for the sale of any such tenure or holding for the recovery of any dues which are recoverable as public demands.

49L. Stay of execution of decrees. — If the sale of a tenure or holding, or any portion thereof, is ordered in execution of a decree against an aboriginal tenure-holder, raiyat or under-raiyat in respect of such tenancy or portion thereof, other than a decree to recover an arrear of rent which has accrued in respect of such tenancy the Court executing the decree shall allow the tenant reasonable time in which to pay the amount due.49M. Appeal and revision. — (1) An appeal, if presented within thirty days from the date of the order appealed against, shall lie to the Collector of the district from any order made under sections 49F, 49H, 49J or 49K by any officer in the district exercising the powers of a Collector, and the order of the Collector on appeal shall be final :Provided that every order passed by the Collector on appeal shall be subject to revision and modification by the Commissioner.(2) Notwithstanding anything in sub-section (1), an appeal from any order, made under any of the sections mentioned in that sub-section by an officer acting under Chapter X of this Act shall be to such officer as the State Government may appoint in this behalf, and the orders of such officers on appeal shall be final :Provided that, in every such case, every order passed by the said officer on appeal shall be subject to revision and modification by such officer as the State Government may appoint to deal therewith.(3) An appeal, as provided in sub-section (1), shall lie to the Commissioner from any original order made by the Collector of the district under any of the sections mentioned in that sub-section.

49N. Bar to suits. — Notwithstanding anything in this Act, no suit shall lie in any Civil Court to vary or set aside any order passed by the Collector in any proceeding under this Chapter except on the ground of fraud or want of jurisdiction,49-O. Saving of certain transfers. — Nothing in this Chapter shall affect the validity of any transfer (not otherwise invalid) by a tenure-holder,raiyat or under-raiyat of his tenure or holding, or any portion thereof, made bona fide,—

(a) in the case of the Santhals of the district of Birbhum, Bankura and Midnapore before the 1st November, 1916, and

(b) in the case of other castes and tribes to which this Chapter has been applied, at least one year before the date of the publication of the notification under section 49A, sub-section (2), in respect to such castes or tribes.

CHAPTER VIII

General Provisions as to rent

Rules and presumptions as to amount of rent

  1. Rules and presumptions as to fixity of rent.— (1) Where a tenure-holder orraiyat and his predecessors-in-interest have held at a rent or rate of rent which has not been changed from the time of the Permanent Settlement, the rent or rate of rent shall not be liable to be increased except on the ground of an alteration in the area of the tenure or holding.(2) If it is proved in any suit or other proceeding under this Act that either a tenure-holder or raiyat and his predecessors-in-interest have held at a rent or rate of rent which has not been changed during the twenty years immediate before the institution of the suit or proceeding, it shall be presumed, until the contrary is shown, that they have held at that rent or rate of rent from the time of the Permanent Settlement :Provided that if it is required by or under any enactment that in any local area tenancies, or any classes of tenancies, at fixed rents or rates of rent shall be registered as such on, or before, a date specified by or under the enactment, the foregoing presumption shall not after that date apply to any tenancy or, as the case may be, to any tenancy of that class in that local area unless the tenancy has been so registered.(3) The operation of this section, so far as it relates to land held by a raiyat, shall not be affected by the fact of the land having been separated from other land which formed with it a single holding, or amalgamated with other land into one holding.(4) Nothing in this section shall apply to tenure held for a term of years or determinable at the will of the landlord.51. Presumption as to amount of rent and conditions of holding. —If a question arises as to the amount of a tenant’s rent or the conditions under which he holds in any agricultural year, he shall be presumed, until the contrary is shown, to hold at the same rent and under the same conditions as in the last preceding agricultural year.

Alteration of rent on alteration of area

  1. Alteration of rent in respect of alteration in area.— (1) Every tenant shall—

(a) be liable to pay additional rent for all land proved by measurement to be in excess of the area for which rent has been previously paid by him, unless it is proved that the excess is due to the addition to the tenure or holding of land which having previously belonged to the tenure or holding was lost by dilution or otherwise without any reduction of the rent being made :

Provided that no Court shall decree any addition of rent under this clause unless it is satisfied that there has in fact been an increase in the actual area of the tenure or holding since the rent previously paid was settled; and

(b) be entitled to a reduction of rent in respect of any deficiency proved by measurement to exist in the area of his tenure or holding as compared with the area for which rent has been previously paid by him, unless it is proved that the deficiency is due to the loss of land which was added to the area of the tenure or holding by alluvion or otherwise, and that an addition has not been made to the rent in respect of the addition to the area.

(1A) In determining in a suit under clause (a) of sub-section (1) whether there has been an increase in the actual area of the tenure or holding, the Court shall inquire as to whether the present areas of other tenures or holdings in the vicinity which were settled at or about the same time or on the same standard of measurement as the tenure or holding in suit, show increases in area compared with the area originally settled similar to that alleged in respect of the tenure or holding in suit; if such increases are found to exist, it shall be presumed (notwithstanding anything contained in any contract) that there has in fact been no increase in the actual area of the tenure or holding in suit since the rent previously paid was settled.(1B) When in a suit an increase in the actual area of the tenure or holding is sought to be proved under clause (a) of sub-section (1), the Court shall inquire as to whether the present area of the tenure or holding in suit is within the same defined boundaries as set forth in the kabuliyat orpatta at the inception of the tenancy; and if the Court finds that the present area of the tenure or holding in suit, is within such boundaries no increase of rent shall be granted on account of increase of area unless an equivalent reduction of rent on account of reduction of area has been granted in respect of one or more of the continuous tenures or holdings :Provided that the provisions of this sub-section shall not apply to any suit in respect of any tenure or holding of which any portion of the boundaries set forth in the kabuliyat or the patta comprises a river or sea or land held khas by the landlord or the Government.(2) In determining the area for which rent has been previously paid, the Court shall, if so required by any party to the suit, have regard to —

(a) the origin and conditions of the tenancy, for instance, whether the rent was a consolidated rent for the entire tenure or holding;

(b) whether the tenant has been allowed to hold additional land in consideration of an addition to his total rent or otherwise with the knowledge and consent of the landlord;

(c) the length of time during which the tenancy has lasted without dispute as to rent or area; and

(d) the length of the measure used or in local use at the time of the origin of the tenancy as compared with that used or in local use at the time of the institution of the suit.

(3) In determining the amount to be added to the rent, the Court shall have regard to the rates payable by tenants of the same class for lands of a similar description and with similar advantages in the vicinity, and, in the case of a tenure-holder, to the profits to which he is entitled in respect of the rent of his tenure, and shall not in any case fix any rent which under the circumstances of the case is unfair or inequitable.(4) The amount abated from the rent shall bear the same proportion to the rent previously payable as the diminution of the total yearly value of the tenure or holding bears to the previous total yearly value thereof, or, in default of satisfactory proof of the yearly value of the land lost, shall bear to the rent previously payable the same proportion as the diminution of area bears to the previous area of the tenure or holding.(5) When in a suit under this section the landlord or tenant is unable to indicate any particular land as held in excess, the rent to be added on account of the excess area may be calculated at the average rate of rent paid on all the lands of the holding exclusive of such excess area.(6) When in a suit under this section the landlord or tenant proves that —

(i) at or about the time when the area was recorded in any patta or kabuliyat there existed in respect of the estate or permanent tenure or part thereof in which the tenure or holding is situated a practice of settlement being made after measurement of the land assessed with rent, or,

(ii) the area entered in the counterfoil receipts corresponds with the area in the rent-roll on which the claim is based and that a practice of settlement on measurement prevailed at the time when the rent roll was prepared, it shall be presumed that the area of the tenure or holding was settled by measurement.

Payment of rent

  1. Instalments of rent.— Subject to agreement or established usage, a money-rent payable by a tenant shall be paid in four equal instalments falling due on the last day of each quarter of the agricultural year.54. Time and place for payment of rent.— (1) Every tenant shall pay or tender each instalment of rent before sunset of the day on which it falls due Provided that the tenant may pay or tender the rent payable for the year at any time during the year before it falls due.(2) The payment or tender of rent may be made —

(i) at the landlord’s village office, or at such other convenient place as may be appointed in that behalf by the landlord; or

(ii) by postal money-order in the manner prescribed. A tender may also be made by depositing the rent in Court in accordance with the provisions of section 61.

(3) Where rent is sent by postal money-order in the manner prescribed, the Court may presume until the contrary is proved that a tender has been made.(4) When a landlord accepts rent sent by postal money-order, the fact of this acceptance shall not be used in any way as evidence that he has admitted as correct any of the particulars set forth in the postal money-order form.(5) Any instalment or part of an instalment of rent not duly paid at or before the time, when it falls due shall be deemed to be an arrear.55. Appropriation of payments. — (1) When a tenant makes a payment on account of rent, he may declare the year or the year and instalment to which he wishes the payment to be credited, and the payment shall be credited accordingly.(2) If he does not make any such declaration, the payment may be credited to the account of such year and the instalment as the landlord thinks fit.

Receipts and accounts

  1. Tenant making payment of his landlord entitled to a receipt.—(1) Every tenant who makes a payment on account of rent to his landlord shall be entitled to obtain forthwith from the landlord a written receipt for the amount paid by him, signed by the landlord.(2) The landlord shall prepare and retain a counterfoil of the receipt.(3) The receipt and counterfoil shall specify such of the several particulars shown in Schedule II to this Act as can be specified by the landlord at the time of payment :Provided that the State Government may, from time to time, prescribe or sanction a modified form either generally or for any particular local area or class of cases.(4) If a receipt does not contain substantially the particulars requited by this section, it shall be presumed, until the contrary is shown, to be an acquittance in full of all demands for rent up to the date on which the receipt was given.

57. Tenant entitled to full discharge or statement of account at close of year.— (l ) Where a landlord admits that all rent payable by a tenant to the end of the agricultural year has been paid, the tenant shall be entitled to receive from the landlord, free of charge, within three months after the end of the year, a receipt in full discharge of all rent falling due to the end of the year, signed by the landlord.(2) Where the landlord does not so admit, the tenant shall be entitled, on paying a fee of four annas, to receive within three months after the end of the year a statement of account, specifying the several particulars shown in Schedule II to this Act, or in such other form as may from time to time be prescribed by the State Government either generally or for any particular local area or class of cases.(3) The landlord shall prepare and retain a copy of the statement containing similar particulars.

58. Penalties and fine for withholding receipts and statements of accounts and failing to keep counterparts. — (1) If a landlord without reasonable cause refuses or neglects to deliver to a tenant a receipt containing the particulars required by section 56 for any rent paid by the tenant, the tenant may, within three months from the date of payment, institute a suit to recover from him such penalty, not exceeding double the amount of value of that rent, as the Court thinks fit.(2) If a landlord without reasonable cause refuses or neglects to deliver to a tenant demanding the same either the receipt in full discharge or, if the tenant is not entitled to such a receipt, the statement of account for any year required in section 57, the tenant may, within the next ensuing agricultural year, institute a suit to recover from him such penalty as the Court thinks fit, not exceeding double the aggregate amount or value of all rent paid by the tenant to the landlord during the year for which the receipt or account should have been delivered.(3) If a landlord or his agent, without reasonable cause fails to deliver to the tenant a receipt or statement, or to prepare and retain a counter-foil or copy of a receipt or statement, as required by either of the said sections, such landlord or agent, as the case may be, shall be liable to a fine not exceeding fifty rupees, to be imposed, after summary inquiry, by the Collector.(4) The Collector may hold a summary inquiry under sub-section (3) either on information received from a Revenue-officer within one year, or upon complaint of the party aggrieved made within three months, from the date of failure, or upon the report of a Civil Court.(5) Where, in any case instituted under sub-section (3), the Collector, discharges any landlord or agent, and is satisfied that the complaint of the tenant on which the proceedings were instituted is false or vexatious, the Collector may, in his discretion, by his order of discharge, direct the tenant to pay to such landlord or agent such compensation, not exceeding fifty rupees, as the Collector thinks fit.(6) An appeal shall lie to the Commissioner of the Division against any order of the Collector imposing a fine under sub-section (3) or awarding compensation under sub-section (5); and the order passed by the Commissioner on such appeal shall, subject to any order which may be passed on revision by the Board of Revenue, be final.(7) Any fine imposed or compensation awarded under this section may be recovered in the manner provided by any law for the time being in force for the recovery of a public demand.(8) For the purpose of an inquiry under this section, the Collector shall have power to summon, and enforce the attendance of, witnesses, and compel the production of documents in the same manner as is provided in the case of a Court under the Code of Civil Procedure, 1908.(9) The existence of a dispute as to the rent or area of a tenancy on account of which rent is paid shall not be deemed to be a reasonable cause for refusing, neglecting or otherwise failing to deliver —

(a) a receipt for any amount actually paid on account of rent, or

(b) the statement of account required by section 57, and the refusal of the tenant to accept the receipt shall not be deemed to be a reasonable cause for failing to prepare and retain a counterfoil of such receipt, as required by section 66.

  1. State Government to prepare forms of receipt and account.—(1) The State Government shall cause to be prepared and kept for sale to landlords at all sub-divisional offices, forms of receipts with counterfoils and of statements of account suitable for use under sections 56 to 58.(2). The forms may be sold in books with the leaves consecutively numbered or otherwise as the State Government thinks fit.

60. Effect of receipt by registered proprietor, manager or mortgagee.— Where rent is due to the proprietor, manager or mortgagee of an estate, the receipt of the person registered under the Land Registration Act, 1876, as proprietor, manager or mortgagee of that estate, or of his agent authorised in that behalf, shall be a sufficient discharge for the rent; and the person liable for the rent shall not be entitled to plead in defence to a claim by the person so registered that the rent is due to any third person.But nothing in this section shall affect any remedy which any such third person may have against the registered proprietor, manager or mortgagee.

Deposit of rent

  1. Application to deposit rent in Court.— (1) In any of the following cases, namely :

(a) when a tenant tenders money on account of rent and the landlord refuses to receive it or refuses to grant a receipt for it;

(b) when a tenant bound to pay money on account of rent has reason to believe, owing to a tender having been refused or a receipt withheld on a previous occasion, that the person to whom his rent is payable will not be willing to receive it and to grant him a receipt for it;

(c) when the rent is payable to co-sharers jointly, and the tenant is unable to obtain the joint receipt of the co-sharers for the money, and no person has been empowered to receive the rent on their behalf; or

(d) when the tenant entertains a bona fide doubt as to who is entitled to receive the rent, the tenant may present to the Court having jurisdiction to entertain a suit for the rent of his tenure or holding an application in writing for permission to deposit in the Court a sum not less than the amount of the money then due.

(2) The application shall contain a statement of the grounds on which it is made; shall state—in case (c), the names of the sharers to whom the rent is due, or of so many to be entered, and the name of his common agent, if any, in case (c), the names of the shares to whom the rent is due, or of so many of them as the tenant may be able to specify, and in case (d), the names of the person to whom the rent was last paid and of the person or persons now claiming it;shall be signed and verified, in the manner provided in sub-rules (2) and (3) of Rule 15 of Order VI in Schedule I to the Code of Civil Procedure, 1908 by the tenant, or, where he is not personally cognisant of the facts of the case, by some person so cognisant; and shall in cases (a) and (b) be accompanied by the prescribed cost of transmission of the money deposited to the landlord and in cases (c) and (d) by a fee of the prescribed amount.62. Receipt granted by Court for rent deposited to be a valid acquittance. — (1) If it appears to the Court to which an application is made under section 61 that the applicant is entitled under that section to deposit the rent, it shall receive the rent and give a receipt for it under the seal of the Court.(2) A receipt given under this section shall operate as an acquittance for the amount of the rent payable by the tenant and deposited as aforesaid, in the same manner and to the same extent as if that amount of rent had been received —in case (a) and (b) of section 61, by the person specified in the application as the person to whose credit the deposit was to be entered;in case (c) of that section, by the co-sharers to whom the rent is due; andin case (d) of that section, by the person entitled to the rent.

63. Procedure for payment to the landlord of rent deposited. — The Court receiving a deposit —

(i) in case (a) or (b) of section 61 shall forthwith forward the same by postal money-order to the address of the landlord, or of the common agent, if any of the landlord empowered to receive rent;

(ii) in case (c) or (d) of that section shall forthwith cause to be affixed in a conspicuous place at the Court-house a notification of the receipt thereof containing a statement of all material particulars, and, if the amount of the deposit is not paid away under section 64 within the period of fifteen days next following the date on which the notification is so affixed, the Court shall forthwith in case (c) cause a notice of the receipt of the deposit to be posted free of charge at the landlord’s village-office, if any, and in some conspicuous place in the village in which the tenure or holding or any portion thereof is situated, and in case (d) cause a like notice to be served free of charge on every person who it has reason to believe claims, or is entitled to, the deposit.

  1. Payment of refund of deposit.— (1) The Court may pay the amount of the deposit notified under section 63 to any person appearing to it to be entitled to the same, or may, if it thinks fit, retain, the amount pending the decision of a Civil Court as to the person so entitled.(2) If no payment is made [under clause (i) of section 63 or under sub section (1) of this section before the expiration of three years from the date on which a deposit is made, the amount deposited may, in the absence of any order of a Civil Court to the contrary, be repaid to the depositor upon his application and on his returning the receipt given by the Court with which the rent was deposited.(3) No suit or other proceeding shall be instituted against the Government, or against any officer of the Government, in respect of anything done by a Court receiving a deposit under section 62; but nothing in this section shall prevent any person entitled to receive the amount of any such deposit from recovering the same from a person to whom it has been paid under this section.

64A. Penalty for refusing to receive rent tendered by postal money-order or deposited.— If a landlord or his agent refuses without reasonable cause to receive payment of rent remitted by postal money order or deposited in Court, the landlord shall be precluded from recovering by suit interest, costs or damages in respect of the same, and the Court may in addition award to the tenant damages not exceeding twenty-five per cent. on the whole amount claimed by the plaintiff.The plea of the existence of any dispute as to the amount of rent or area of land of the tenure or holding shall not be deemed to be a reasonable cause under this section :Provided that, when a landlord accepts rent, which has been deposited or remitted by postal money-order, the fact of his acceptance shall not be used in any way as evidence that he has admitted as correct any of the particulars set forth in the application for permission to deposit or in the postal money-order form.

Arrears of rent

  1. Liability to sale for arrears in case of permanent tenure, holding at fixed rates or occupancy-holding.— Where a tenant is a permanent tenure-holder, araiyat holding at fixed rates or an occupancy-raiyat he shall not be liable to ejectment for arrears of rent, but his tenure or holding shall be liable to sale in execution of a decree for the rent thereof, and the rent shall be a first charge thereon.66. Ejectment for arrears in other cases. — (1) When an arrear of rent remains due from a tenant not being a permanent tenure-holder, araiyat holding at fixed rates or an occupancy-raiyat, at the end of the agricultural year the landlord may, whether he has obtained a decree for the recovery of the arrear or not, and whether he is entitled by the terms of any contract to eject the tenant for arrears or not, institute a suit to eject the tenant.(2) In a suit for ejectment for an arrear of rent a decree passed in favour of the plaintiff shall specify the amount of the arrear and of the interest (if any) due thereon, and the decree shall not be executed if that amount and the costs of the suit are paid into Court within thirty days from the date of the decree, or, when the Court is closed on the thirtieth day, on the day upon which the Court re-opens.(3) The Court may for special reasons extend the period of thirty days mentioned in this section.

67. Interest on arrears. — An arrear of rent shall bear simple interest at the rate of six and a quarter per centum per annum from the expiration of that quarter of the agricultural year in which the instalment falls due to the date of payment or of the institution of the suit, whichever date is earlier.

68. Power to award damages on rent withheld without reasonable cause, or to defendant improperly sued for rent. — (1) If, in any suit brought for the recovery of arrears of rent, it appears to the Court that the defendant has, without reasonable or probable cause, neglected or refused to pay the amount of rent due by him, the Court may award to the plaintiff in addition to the amount decreed for rent and costs, such damages not exceeding twelve and a half per centum on the amount of rent decreed, as it thinks fit :Provided that interest shall not be decreed when damages are awarded under this section :Provided also that where damages are awarded —

(i) the amount of such damages shall not be less than the interest accruing up to the date of the institution of the suit, and

(ii) interest on the arrear may be awarded from the date of the institution of the suit up to the date of payment at such rate as the Court directs.

(2) If, in any suit brought for the recovery of arrears of rent, it appears to the Court that the plaintiff has instituted the suit without reasonable or probable cause, the Court may award to the defendant, by way of damages, such sum, not exceeding twelve and a half per centum on the whole amount claimed by the plaintiff, as it thinks fit.

69. Order for appraising or dividing produce.— Repealed by s. 45 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

70. Procedure where officers appointed.— Repealed by s. 45 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

71. Rights and liabilities as to possessions of crop.— Repealed by s. 45 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

Liability for rent on change of landlord or after transfer of tenure or holding

  1. Tenant not liable to transferee of landlord’s interest or rent paid to former landlord, without notice of the transfer.— (1) A tenant shall not, when his landlord’s interest is transferred, be liable to the transferee for rent which became due after the transfer and was paid to the landlord whose interest was so transferred, unless the transferee has before the payment given notice of the transfer to the tenant.(2) Where there is more than one tenant paying rent to the landlord whose interest is transferred, a general notice from the transferee to the tenants published in the prescribed manner shall be a sufficient notice for the purposes of this section.

73. Liability for rent before transfer of occupancy-holding.— When an occupancy-raiyat transfers his holding in whole or in part the transferor and transferee shall be jointly and severally liable to the landlord for arrears of rent due before the transfer :Provided that the transferor shall not be liable to the landlord for such arrears of rent if the transferee has agreed to pay such arrears to the landlord and the fact has been mentioned in the instrument of transfer.

Illegal cesses, etc.

  1. Abwab, etc., illegal.— (1) All impositions upon tenants under the denomination of abwab, mahtat, or other like appellations, in addition to the actual rent, shall be illegal, and all stipulations and reservations for the payment of such shall be void.(2) All impositions upon tenants of road cess or public works cess, or of both,—

(a) in excess of the net amount fixed by clause (2) of section 41 of the Cess Act, 1880, or

(b) on any scale in excess of that required by clause (3) of that section, levied in addition to the actual rent, shall be illegal, and all stipulations and reservations for payment of any such excess contained in any contract made between a landlord and a tenant on or after the 13th day of October, 1880, shall be void :

Provided that nothing in this sub-section shall affect the terms of a written contract registered before the commencement of the Bengal Tenancy (Amendment) Act, 1919 :Provided also that, subject to the provisions of section 72 of the Indian Contract Act, 1872, no suit shall lie for the recovery of anything paid before the commencement of the Bengal Tenancy (Amendment) Act, 1919, on account of the impositions referred to in sub-section (2).(3) Nothing in this section shall be deemed to affect the terms of a permanent mukarrrai lease granted by a proprietor or holder of a permanent tenure in a permanently-settled area and registered before the commencement of the Bengal Tenancy (Amendment) Act, 1928.

74A. Fine for realisation of abwab, etc. — (1) If a landlord or his agent realises from a tenant any imposition declared under sub-section (1) of section 74 to be illegal, such landlord or agent, as the case may be, shall be liable to the same fine, to be imposed in the same manner, as in sub-section (3) of section 58, and the provisions of sub-sections (4), (7) and (8) of the said section relating to inquiry, fine and procedure shall,mutatis mutandis and so far as may be, apply to proceedings under this section.(2) An appeal shall lie to the District Judge against an order imposing a fine under this section, and the order passed by the District Judge on such appeal shall be final.(3) The imposition of a fine on a landlord or landlord’s agent under this section shall not operate as a bar to the institution of a suit under section 75.

75. Penalty for exaction by landlord from tenant of sum in excess of the rent payable. — Every tenant from whom, except under any special enactment for the time being in force, any sum of money or any portion of the produce of his land is exacted by his landlord in excess of the rent or road cess or public works cess or interest lawfully payable, may, subject to the second proviso to sub-section (2) of section 74 within six months from the date of the exaction, institute a suit to recover from the landlord, in addition to the amount or value of what is so exacted, such sum by way of penalty as the Court thinks fit, not exceeding two hundred rupees; or, when double the amount or value of what is so exacted exceeds two hundred rupees, not exceeding double that amount or value.

Suspension of provisions relating to enhancement of rent

75A. Suspension of provisions relating to enhancement of rent. — (1) All the provisions of this Act relating to enhancement of rent are hereby suspended for a period of ten years with effect from the twenty-seventh day of August, 1937 and all such provisions relating to enhancement of rent of a raiyat or an under-raiyat are hereby suspended for a further period of ten years with effect from the twenty-seventh day of August, 1947.(2) (a) All decrees and orders enhancing rent passed under any of the provisions of this Act on or after the twenty-seventh day of August, 1937 and before the date of the commencement of the Bengal Tenancy (Amendment) Act, 1938, are hereby declared to be inoperative from the date of such decree or order until the expiry of the ten years referred to in sub-section (1) and all decrees and orders enhancing the rent of a raiyat or an under-raiyat so passed are hereby declared to be inoperative for a further period of ten years from the twenty-seventh day of August, 1947.

(b) Any provision providing for enhancement of rent contained in any contract entered into between a landlord and a tenant during the period of ten years referred to in sub-section (1) is hereby declared to be inoperative during the said period and any provision providing for enhancement of rent of a raiyat or an under-raiyat contained in any such contract or in any contract entered into between a landlord and a raiyat or an under-raiyat during the period of ten years with effect from the twenty-seventh day of August, 1947, is hereby declared to be inoperative during the said period of ten years. (3) Notwithstanding anything contained in this Act or any other law, the period during which a decree, Order or contract is rendered inoperative under this section shall not be taken into account in computing any period under the law of limitation nor in construing the terms of a contract.

CHAPTER IX

Miscellaneous provisions as to landlords and tenants

Improvements

  1. Definition of “improvement”.— (1) For the purposes of this Act, the term “improvement”, used with reference to a holding, shall mean any work which adds to the value of the holding, which is suitable to the holding and consistent with the purpose for which it was let, and which, if not executed on the holding, is either executed directly for its benefit, or is, after execution, made directly beneficial to it.(2) Until the contrary is shown, the following shall be presumed to be improvements within the meaning of this section :

(a) the construction of wells, tanks, water-channels and other works for the storage, supply or distribution of water for the purposes of agricultural, or for drinking or for the use of men and cattle employed in agriculture;

Explanation.— Such construction on agricultural lands shall not be deemed to impair the value of the land or to render it unfit for the purposes of the tenancy;

(b) the preparation of land for irrigation;

(c) the drainage, reclamation from rivers or other waters, or protection from floods, or from erosion or other damage by water, of land used for agricultural purposes, or waste-land which is culturable;

(d) the reclamation, clearance, enclosure or permanent improvement of land for agricultural purposes;

(e) the renewal or reconstruction of any of the foregoing works, or alterations therein, or additions thereto; and

(f) the erection of a dwelling-house whether of masonry, bricks, stone or any other material whatsoever, for the tenant and his family together with all necessary out-offices.

(3) But no work executed by the tenant of a holding shall be deemed to be an improvement for the purposes of this Act if it substantially diminishes the value of his landlord’s property.77. Right to make improvements in case of holding at fixed rates and occupancy holding. — (1) Neither the tenant nor his landlord shall, as such, be entitled to prevent the other from making an improvement in respect of the holding, except on the ground that he is willing to make it himself.(2) If both the tenant and his landlord wish to make the same improvement, the tenant shall have the prior right to make it, unless it affects another holding or other holdings under the same landlord.(3) Any fee realised from a tenant for permission to make any improvement in respect of his holding shall be deemed to be an abwab and the provisions of sub-section (1) of section 74 shall apply thereto.78. Collector to decide question as to right to make improvement, etc.— If a question arises between the raiyat or under-raiyat and his landlord —

(a) as to the right to make an improvement, or

(b) as to whether a particular work is an improvement, the Collector may, on the application of either party, decide the question, and his decision shall be final.

  1. Right to make improvements in case of non-occupancy holding.—Repealed by s. 51 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).80. Registration of landlord’s improvements. — (1) A landlord may, by application to such Revenue-officer as the State Government may appoint, register any improvement which he has lawfully made or which has been lawfully made wholly or partly at his expense or which he has assisted a tenant in making.(2) The application shall be in such form, shall contain such information, and shall be verified in such manner, by local inquiry or otherwise, as the State Government from time to time prescribes.(3) The officer receiving the application may reject it if it has not been made within twelve months —

(a) in the case of improvements made before the commencement of this Act — from the commencement of this Act;

(b) in the case of improvements made after the commencement of this Act — from the date of the completion of the work.

  1. Application to record evidence as to improvement.— (1) If any landlord or tenant of a holding desires that evidence relating to any improvement made in respect thereof be recorded, he may apply to a Revenue-officer, who shall thereupon, at a time and place of which notice shall be given to the parties, record the evidence, unless he considers that there are no reasonable grounds for making the application, or it is made to appear that the subject-matter thereof if under inquiry in a Civil Court.(2) When any matter has been recorded under this section, the record thereof shall be admissible in evidence in every subsequent proceedings between the landlord and tenant or any persons claiming under them.

82. Compensation forraiyats’ or under-raiyats” improvements. —(1) Every raiyat or under-raiyat who is ejected from his holding shall be entitled to compensation for improvements which have been made in respect thereof in accordance with this Act by him, or by his predecessor in-interest, and for which compensation has not already been paid.(2) Whenever a Court makes a decree or order for the ejectment of a raiyat or under-raiyat, it shall determine the amount of compensation (if any) due under this section to the raiyat or under-raiyat for improvements, and shall make the decree or order of ejectment conditional on the payment of that amount to the raiyat or under-raiyat.(3) No compensation under this section for an improvement shall be claimable where the raiyat or under-raiyat has made the improvement in pursuance of a contract or under a lease binding him, in consideration of some substantial advantage to be obtained by him, to make the improvement without compensation, and he has obtained that advantage.(4) Improvements made by a raiyat or under-raiyat between the second day of March, 1883, and the commencement of this Act shall be deemed to have been made in accordance with this Act.(5) The State Government may, from time to time, by notification in the Official Gazette, make rules requiring the Court to associate with itself, for the purpose of estimating the compensation to be awarded under this section for an improvement, such number of assessors as the State Government thinks fit, and determining the qualifications of those assessor and the mode of selecting them.

83. Principle on which compensation is to be estimated. — (1) In estimating the compensation to be awarded under section 82 for an improvement, regard shall be had —

(a) to the amount by which the value, or the produce, of the holding or the value of that produce, is increased by the improvement;

(b) to the condition of the improvement, and the probable duration of its effects;

(c) to the labour and capital required for the making of such an improvement;

(d) to any reduction or remission of rent or any other advantage given by the landlord to the raiyat or under-raiyat in consideration of the improvement; and

(e) in the case of a reclamation or of the conversion of un-irrigated into irrigated land, to the length of time during which the raiyat or under-raiyat has had the benefit of the improvement at an un-enhanced rent.

(2) When the amount of the compensation has been assessed, the Court may, if the landlord and raiyat or under-raiyat agree direct that, instead of being paid wholly in money, it shall be made wholly or partly in some other way.

Acquisition of land for building and other purposes

  1. Acquisition of land for building and other purposes.— A Civil Court may, on the application of the landlord of a holding, and on being satisfied that he is desirous of acquiring the holding or part thereof for some reasonable and sufficient purpose having relation to the good of the holding or of the estate in which it is comprised, including the use of the ground as building ground, or for any religious, educational or charitable purpose, and on being satisfied on the certificate of the Collector that the purpose is reasonable and sufficient, authorise the acquisition thereof by the landlord upon such conditions as the Court may think fit, and require the tenant to sell his interest in the whole or such part of the holding to the landlord upon such terms as may be approved by the Court, including full compensation to the tenant.

85. Restrictions on sub-letting.—Repealed by s. 53 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

Surrender and abandonment

85A. Surrender by tenure-holders. — (1) A tenure-holder may apply to the Court for permission to surrender a tenure.(2) An application under sub-section (1) shall be in the prescribed form, shall give particulars, inter alia, of under-tenure-holders and raiyats’ if any, holding directly under the tenure sought to be surrendered, and of any encumbrances upon the said tenure, and, shall be accompanied by the process-fee prescribed for service of notices upon the landlord or his common agent, if any, under-tenure-holders and raiyats’, if any, referred to above and incumbrancers, if any.(3) If the Court, after hearing the parties, grants permission for the surrender of the tenure, it shall impose such equitable conditions as it may think proper.(4) An appeal shall lie to the ordinary Civil Appellate Court from any order of a Court under this section.

86. Surrender. — (I) A raiyat or under-raiyat not bound by lease or other agreement for a fixed period may, at the end of any agricultural year, surrender his holding.(2) But, notwithstanding the surrender, the raiyat or under-raiyat shall be liable to indemnify the landlord against any loss of the rent of the holding for the agricultural year next following the date of the surrender, unless he gives to his landlord, at least three months before he surrenders, notice of his intention to surrender.(3) When a raiyat or under-raiyat has surrendered his holding, the Court shall in the following cases for the purposes of sub-section (2) presume, until the contrary is shown, that such notice was so given, namely :

(a) if the raiyat or under-raiyat takes a new holding in the same village from the same landlord during the agricultural year next following the surrender;

(b) if the raiyat or under-raiyat ceases, at least three months before the end of the agricultural year at the end of which the surrender is made, to reside in the village in which the surrendered holding is situate.

(4) The raiyat or under-raiyat may, if he thinks fit, cause the notice to be served through the Civil Court within the jurisdiction of which the holding or any portion of it is situate.(5) When a raiyat or under-raiyat has surrendered his holding, the landlord may enter on the holding and either let it to another tenant or take it into cultivation himself.(6) When a holding is subject to an encumbrance secured by a registered instrument, or when there is an under-raiyat on the holding or part thereof the surrender of the holding shall not be valid unless it is made with the consent of the landlord and the incumbrancer or the under-raiyat, as the case may be.(7) Save as provided in sub-section (6), nothing in this section shall affect any arrangement by which a raiyat or under-raiyat and his landlord may arrange for a surrender of the whole or a part of the holding.

86A. Abatement of rent on account of dilution and re-entry into loads which re-appear. — (1) If the lands of a tenure or holding or a portion of such lands are lost by dilution, the rent of the tenure or holding shall be abated by an amount which bears the same proportion to the rent of the whole tenancy, as the area lost bears to that of the whole tenancy.(2) (a) Notwithstanding anything contained in this Act or any other law or any contract to the contrary, the right, title an interest of the tenant or his successors-in-interest shall subsist in such lands or portion thereof during the period of loss by dilution not exceeding twenty years and the tenant or his successors-in-interest shall have right to immediate possession on the reappearance of such lands or portion thereof within twenty years of the loss by the dilution and the landlord shall have right to the arrears of rent without interest or damage in respect of the land which has reappeared for the period during which it was lost for four years whichever is less.

(b) The rent of the lands which have reappeared, shall for the purposes of the payment both of the arrears of rent under this sub-section and of the rent due thereafter (until such rent is modified in accordance with the provisions of this Act) be calculated on the rent of the remainder of the tenancy existing when possession of the lost lands is resumed, and shall bear the proportion to that rent which the area of the lands which have reappeared bears to that of the remainder of the tenancy :

Provided that in cases where the entire tenure or holding has been lost by dilution, the rent of the portion thereof which reappear shall be calculated in like manner on the rent existing when the entire tenancy was lost.(3) Nothing shall prevent the accrual of rights under the operation of any other enactment in any portion of the lands of a tenure or holding which have been lost by dilution, if such lands thereafter reappear as an accretion thereto.

87. Abandonment. — (1) If a raiyat or under-raiyat voluntarily abandons his residence without notice to his landlord and without arranging for payment of his rent as it falls due, and ceases to cultivate his holding either by himself or by some other person, the landlord may, at any time after expiration of the agricultural year in which the raiyat or under-raiyat so abandons and ceases to cultivate, enter on the holding and let it to another tenant or take it into cultivation himself.(2) Before a landlord enters under this section, he shall file a notice in the prescribed form in the Collector’s office, stating that he has treated the holding as abandoned and is about to enter on it accordingly; and the Collector shall cause a notice to be published in the prescribed manner.(3) When a landlord enters under this section, the raiyat or under-raiyat shall be entitled to institute a suit for recovery of possession of the land at any time not later than the expiration of two years, or, in the case of a non occupancy-raiyat, six months, from the date of the publication of the notice; and thereupon the Court may, on being satisfied that the raiyat or under raiyat did not voluntarily abandon his holding, order recovery of possession on such terms, if any, with respect to compensation to persons injured and payment of arrears of rent as to the Court may seem just.(4) Where the whole or part of a holding has been sublet by a registered instrument, the landlord shall, before entering under this section on the holding, offer the whole holding to the sub-lessee for the remainder of the term of the sub-lease at the rent paid by the raiyat or under-raiyat who has ceased to cultivate the holding, and on condition of the sub-lessee paying up all arrears due from that raiyat or under-raiyat. If the sub-lessee refuses or neglects within two months to accept the offer, the landlord may avoid the sub-lease and may enter on the holding and let it to another tenant or cultivate it himself as provided in sub-sections (1) and (2).(5) If an under-raiyat has —

(a) a right of occupancy in a holding or portion thereof, or

(b) been admitted in a document by the landlord to have a permanent and heritable right in his land, or

(c) been in possession of his land for a continuous period of twelve years whether before or after or partly before and partly after the commencement of the Bengal Tenancy (Amendment) Act, 1928, or has a homestead thereon, the landlord shall, before entering on the holding, under this section, offer the whole holding, or part thereof, to the under-raiyat at the rent paid by him to the raiyat and on condition of the under-raiyat paying up all arrears due from that raiyat and a salami of five times the aforesaid rent. If the under-raiyat refuses or neglects within two months to accept the offer, the landlord may avoid the sub-tenancy and may enter on the holding and let it to another tenant, or cultivate it himself, as provided in sub-sections (1) and (2).

Subdivision of tenancy

  1. Division of tenancy not valid unless consented to by all parties or ordered by Civil Court.— (1) Save as provided elsewhere in this section, a division of a tenure or holding or a distribution of the rent payable in respect thereof shall not be valid unless such division or distribution has been expressly consented to in writing by both —

(a) the landlord or the entire body of landlords or their agents duly authorised in that behalf, and

(b) all the co-sharer tenants :

Provided that, if there is proved to have been made in any landlord’s rent-roll any entry showing that any tenure or holding has been divided or that the rent payable in respect thereof has been distributed, such landlord may be presumed to have given his express consent in writing to such division or distribution.(2) The Civil Court, on application made to it by one or more co-sharer tenants for a division of a tenure or holding or for a distribution of the rent payable in respect thereof, or for the annulment or modification of a previous division or distribution other than one made under this sub-section or under an agreement made between all the landlords and co-sharer tenants in conformance with the provisions of sub-section (1), may, by order in writing, direct such division of the tenure or holding or such distribution of rent as the Court considers fair and equitable, or annul or modify a division or distribution previously made other than one of the nature referred to above if the Court considers it unfair and inequitable :Provided that —

(a) no such order shall be passed without notice to the landlord or the entire body of landlords or their common agent, if any, and to the remaining co-sharer tenants, the prescribed process fee for which shall accompany the application;

(b) no order for division or distribution shall be made which would result in bringing the rent for any portion below two rupees in the case of tenures or one rupee in the case of holdings; and

(c) nothing contained in this sub-section shall be deemed to authorise a Court on an application for division or distribution to direct a division or distribution in respect of the share of any tenant other than an applicant under this sub-section or a co-sharer tenant who has been joined as a co-applicant under sub-section (3).

(3) On receipt of notice of an application for division or distribution under sub-section (2) a co-sharer tenant may apply to be joined as a co-applicant, and upon such application the Court shall join the said co-sharer tenant as a co-applicant without further notice to the landlord or landlords and the remaining co-sharer tenants.(4) Every order of a Court under sub-section (2) directing division of a tenure or holding or a distribution of the rent thereof shall also direct payment to the landlord of one rupee as mutation fee by each applicant or each body of applicants including co-applicant, if any, joined under subsection (3).(5) Every order referred to in sub-section (4) shall state the date from which the division or distribution shall have effect and the joint and several liability of each co-sharer tenant for arrear of rent, if any, up to that date, shall subsist in all the lands of the entire tenure or holding.(6) An appeal shall lie to the ordinary Civil Appellate Court from an order of a Court under this section, provided that it is presented within thirty days from the date of such order and is accompanied by the prescribed fee.

Ejectment

  1. No ejectment except in execution of decree.— No tenant shall be ejected from his tenure or holding except in execution of a decree.

Measurements

  1. Landlord’s right to measure land.— (1) Subject to the provisions of this section and any contract, a landlord may, by himself, or by any person authorised by him this behalf, enter on and measure all land comprised in his estate or tenure, other than land exempt from the payment of revenue.(2) A landlord shall not, without the consent of the tenant, or the written permission of the Collector, be entitled to measure land more than once in ten years, except in the following cases (namely) :

(a) where the area of the tenure or holding is liable, by reason of alluvion or dilution, to vary from year to year, and the rent payable depends on the area;

(b) where the area under cultivation is liable to vary from year to year and the rent payable depends on the area under cultivation;

(c) where the landlord is a purchaser otherwise than by voluntary transfer and not more than two years have elapsed since the date of his entry under the purchase.

(3) The ten years shall be computed from the date of the last measurement, whether made before or after the commencement of this Act.91. Power for Court to order tenant to attend and point out boundaries. — (l) Where a landlord desires to measure any land which he is entitled to measure under section 90, the Civil Court may, on the application of the landlord, make an order requiring the tenant to attend and point out the boundaries of the land.(2) If the tenant refuses or neglects to comply with the order, a map or other record of the boundaries and measurements of the land, prepared under the direction of the landlord at the time when the tenant was directed to attend, shall be presumed to be correct until the contrary is shown.

92. Standard of measurement. — (I) Every measurement of land made by order of a Civil Court, or of a Revenue-officer, in any suit or proceeding between a landlord and tenant, shall be made by the acre, unless the Court or Revenue-officer directs that it be made by any other specified standard.(2) If the rights of the parties are regulated by any local measure other than the acre, the acre shall be converted into the local measure for the purposes of the suit or proceeding.(3) The State Government may, after local inquiry, make rules declaring for any local area the standard or standards of measurement locally in use in that area, and every declaration so made shall be presumed to be correct until the contrary is shown.

Managers

  1. Power to call upon co-owners to show cause why they should not appoint a common manager.— (i) When any dispute exists between co-owners of an estate or tenure or of lands held jointly between two or more estates or tenures as to the management thereof; or

(ii) when, owing to the existence of a large number of small co-sharers in an estate or tenure, the tenants or landlords are put to inconvenient and harassment in the payment or receipt of the rent due, the District Judge may, if it appears to him to be just and convenient, on the application of —

in case (i),

(a) the Collector, or

(b) any one having an interest in the estate or tenure or in any of the estates or tenures; and in case (ii),—

(a) more than half the tenants, or

(b) co-sharers holding more than half the aggregate interests in the estate or tenure, direct notice to be served on all the co-owners or co-sharers calling on them to show cause why they should not appoint a common manager—

in case (i), either for the whole of the estate or tenure or estates or tenures, as the case may be, or for those portions of the estate or tenure or estates or tenures, as the case may be, which are affected by the dispute; and in case (ii), for the estate or tenure in which the tenants or landlords are put to inconvenience or harassment :Provided that a co-owner or co-sharer of an estate or tenure or a co-owner of lands held jointly between two or more estates or tenures shall not be, entitled to apply under this section unless he is actually in possession of the interest he claims, and, if he is a co-owner or co-sharer of an estate, unless his name and the extent of his interest are registered under the Land Registration Act, 1876.94. Power to order them to appoint a manager if cause is not shown.—If the co-owners fail to show cause as aforesaid within one month after service of a notice under section 93, the District Judge may make an order directing them to appoint a common manager and a copy of the order shall be served on any co-owner who did not appear before it was made.

95. Power to appoint manager if order is not obeyed.— If the co-owners do not, within such period, not being less than one month after the making of an order under section 94, as the District Judge may fix in this behalf, or, where the order has been served as directed by that section, within a like period after such service, appoint a common manager and report the appointment for the information of the District Judge, the District Judge may, unless it is shown to his satisfaction that there is a prospect of a satisfactory arrangement being made within a reasonable time —

(a) direct that the estate or tenure be managed by the Court of Wards in any case in which the Court of Wards consents to undertake the management thereof; or

(b) in any case appoint a manager.

  1. Power to nominate person to act in all cases under clause (b) of section 95.—The State Government may nominate a person for any local area to manage all estates and tenures within that local area for which it may he necessary to appoint a manager under clause (b) of section 95; and, when any person has been so nominated, no other person shall be appointed manager under that clause by the District Judge, unless the case of any estate the Judge thinks fit to appoint one of the co-owners themselves as manager.

97. The Court of Wards Act, 1879, applicable to management by Court of Wards.— In any case in which the Court of Wards undertakes under section 95 the management of an estate or tenure, so much of the provisions of the Court of Wards Act, 1879, as relates to the management of immovable property shall apply to the management.

98. Provisions applicable to manager. — (1) A manager appointed under section 95 may, if the District Judge thinks fit, be remunerated by a fixed salary or percentage of the money collected by him as manager, or partly in one way and partly in the other, as the District Judge from time to time directs.(2) He shall give such security for the proper discharge of his duties as the District Judge directs.(3) He shall, subject to the control of the District Judge, have, for the purposes of management, the same powers as the co-owners jointly might but for his appointment have exercised, and the co-owners shall not exercise any such power.(4) He shall deal with and distribute the profits in accordance with the orders of the District Judge.(5) He shall keep regular accounts, allow the co-owners or any of them to inspect and take copies of those accounts.(6) He shall pass his accounts at such period and in such form as the District Judge may direct.(7) He may make any application which the proprietors could make under section 103.(8) He shall be removable by the order of the District Judge, and not otherwise.

99. Power to restore management to co-owners. — When an estate or tenure has been placed under the management of the Court of Wards, or a manager has been appointed for the same under section 95, the District Judge may at any time direct that the management of it be restored to the co-owners if he is satisfied that the management will be conducted by them without inconvenience to the public or injury to private rights.

99A. Appointment of common agent. — (1) Where two or more persons are joint or co-sharer landlords they may by an instrument in writing appoint a common agent for the whole of their joint property or for any portion thereof to receive on behalf of all of them —

(a) notices of transfer under sections 12, 13, 15, 17, 18 and 26C of tenures or holdings or portions or shares thereof held under them within that property.

(b) Omitted

(c) the rent deposited in Court under section 61, and

(d) the notices referred to in sub-section (2) of section 85A and in sub-section (2) of section 88.

(2) (a) The Collector shall, on application by the common agent and on production by him of the instrument of appointment, register the names of the common agent and the landlords appointing him and their addresses and other particulars in the prescribed manner.

(b) The name and address of such common agent shall be entered upon the receipt required under section 56 to be given on the payment of rent for the tenure or holding situated within the area for which he has been appointed under sub-section (1).

  1. Power to make rules.— (1) The High Court may, from time to time, make rules defining the powers and duties of managers under sections 95 to 99.(2) The Board of Revenue may, from time to time, make rules defining the powers and duties of common agents under section 99A.
CHAPTER X

Record-of-rights and settlement of rents

Part I — Record-of-rights

  1. Power to order survey and preparation of record-of-rights.—(1) The State Government may, in any case if it thinks fit, make an order directing that a survey be made and a record-of-rights be prepared, by a Revenue-officer, in respect of all lands in any local area, estate or tenure or part thereof :Provided that the provisions of sections 104 to 105A, both inclusive, 109C, 109D, 110, 112 and 113 shall not apply in respect of any lands which are held by a non-agriculturist and are not used for purposes connected with agriculture or horticulture.(2) In particular and without prejudice to the generality of the foregoing power, the State Government may make such an order in the following cases namely :

(a) where-

(i) the landlord or tenants, or

(ii) a proportion of not less than one-half of the total number of landlords, or

(iii) a landlord, or a proportion of the landlords, whose interest, or the aggregate of whose interests, respectively, in the lands of the local area, estate or tenure or part thereof is not less than one-half of the total shares of all the landlords therein, or

(iv) a proportion of not less than one-fourth of the total number of tenants, applies, or apply, for such an order, depositing, or giving security for, such amount for the payment of expenses as the State Government directs;

(b) where the preparation of such a record is calculated to settle or avert a serious dispute existing or likely to arise between the tenants and their landlords generally;

(c) where the local area, estate or tenure or the part thereof belongs to, or is managed by, or on behalf of, the Government, or is managed by the Court of Wards or a Manager appointed by the District Judge under section 95;

(d) where a settlement of land-revenue is being or is about to be made in respect of the local area, estate or tenure or of the part thereof.

Explanation 1.— The term “settlement of land revenue”, as used in clause (d), includes a settlement of rents in an estate or tenure which belongs to the Government.Explanation 2.— A superior landlord may apply for an order under this section notwithstanding that his estate or part thereof is temporarily leased to a tenure-holder.(3) A notification in the Official Gazette of an order under this section shall be conclusive evidence that the order has been duly made.(4) The survey shall be made and the record-of-rights prepared in accordance with rules made in this behalf by the State Government.

102. Particulars to be recorded. — Where an order is made under section 101, the particulars to be recorded shall be specified in the order, and may include, either without or in addition to other particulars, some or all of the following, namely :

(a) the name of each tenant or occupant;

(b) the class or classes to which each tenant belongs, that is to say, whether he is a tenure-holder, raiyat holding at fixed rates, settled raiyat, occupancy-raiyat, non-occupancy-raiyat or under-raiyat with or without a right of occupancy and, if he is a tenure-holder, whether he is a permanent tenure-holder or not, and whether his rent is liable to enhancement during the continuance of his tenure;

(c) the situation and quantity and one or more of the boundaries of the land held by each tenant or occupier;

(d) the name of each tenant’s landlord;

(dd) the name of each proprietor in the local area or estate;

(e) the rent payable at the time the record-of-rights is being prepared;

(ee) the amount payable in respect of any rights of pasturage, forest rights over fisheries and the like at the time the record-of-rights is being prepared, the conditions and incidents appertaining to such rights, and if the amount is a gradually increasing amount, the time at which and the increments by which, it increases;

(f) the mode in which that rent has been fixed — whether by contract, by order of a Court, or otherwise;

(g) if the rent is a gradually increasing rent, the time at which, and the steps by which, it increases;

(gg) the rights and obligations of each tenant and landlord in respect of —

(i) the use by tenants of water for agricultural purposes, whether obtained from a river, jhil, tank or well or any other sources of supply, and

(ii) the repair and maintenance of appliances for securing a supply of water for the cultivation of the land held by each tenant, whether or not such appliances be situated within the boundaries of such land;

(h) the special conditions and incidents, if any, of the tenancy;

(i) any right of way or other easement attaching to the land for which a record-of-rights is being prepared;

(j) if the land is claimed to be held rent free — whether or not rent is actually paid, and, if not paid, whether or not the occupant is entitled to hold the land without payment of rent, and, if so entitled, under what authority :

Provided that, if lands are not used for purposes connected with agriculture or horticulture, it shall be sufficient to record that fact, together with the prescribed particulars relating to the occupant, the landlord and the tenancy.102A. Power to order survey and preparation of record-of-rights as to water.— The State Government may, for the purpose of settling or averting disputes existing or likely to arise between landlords, tenants, proprietors, or persons belonging to any of these classes regarding the use or passage of water, make an order directing that a survey be made, and a record-of-rights be prepared, by a Revenue-officer, in order to ascertain and record the rights and obligations of each tenant and landlord in any local area, estate or tenure or part thereof, in respect of —

(a) the use by tenants of water for agricultural purposes, whether obtained from a river, jhil, tank or well or any other sources of supply; and

(b) the repair and maintenance of appliances for securing a supply of water for the cultivation of the land held by each tenant, whether or not such appliances be situated within the boundaries of such land.

  1. Power for Revenue-officer to record particulars on application of proprietor, tenure-holder or large proportion ofraiyats’.— On the application of one or more of the proprietors or tenure-holders, or of a large proportion of the raiyats’, of an estate or tenure, and on the applicant or applicants depositing or giving security for the required amount for expenses, a Revenue-officer may, subject to and in accordance with rules made in this behalf by the State Government, ascertain and record all or ,.my of the particulars specified in section 102 with respect to the estate or tenure or any part thereof.103A. Preliminary publication, amendment and final publication of record-of-rights. — (1) When a draft record-of-rights has been prepared the Revenue-officer shall publish the draft in the prescribed manner and for the prescribed period, and shall receive and consider any objections which may be made to any entry therein, or to any omission therefrom, during the period of publication.(2) When such objections have been considered and disposed of according to such rules as the State Government may make, and (if a settlement of land-revenue is being or is about to be made) the Settlement Rent-roll has been incorporated with the record under section 104F, sub section (3), the Revenue-officer shall finally frame the record, and shall cause it to be finally published in the prescribed manner; and the publication shall be conclusive evidence that the record has been duly made under this Chapter.(3) Separate draft or final records may be published under sub-section (1) or sub-section (2) for different local areas, estates, tenure, or parts thereof.103B. Certificate of, and presumption as to, final publication and presumption as to correctness, of record-of-rights. — (1) When a record of-rights has been finally published under section 103A, the Revenue-officer shall, within such time as the Board of Revenue may, by general or special order, require, make a certificate stating the fact of such final publication and the date thereof, and shall date and subscribe the same with his name and official title.(2) The certificate of final publication, or in the absence of such certificate, a certificate signed by the Collector of any district in which the local area, estate, tenure or part thereof to which the record-of-rights relates is wholly or partly situate, stating that a record-of-rights has been finally published on a specified date, shall be conclusive proof of such publication and of the date thereof.(3) The State Government may, by notification, declare, with regard to any specified area, that a record-of-rights has been finally published for every village included in such area; and such notification shall be conclusive proof of such publication.(4) In any suit or other proceeding in which a record-of-rights prepared and published under this Chapter, or a duly certified copy thereof or extract therefrom, is produced, such record-of-rights shall be presumed to have been finally published, unless such publication is expressly denied.(5) Every entry in a record-of-rights finally published shall be evidence of the matter referred to in such entry, and shall be presumed to be correct until it is proved by evidence to be incorrect.

Part II — Settlement of rents, preparation of Settlement Rent-roll and disposal of objections in cases where a settlement of land-revenue is being or is about to be made

  1. Settlement of rents and preparation of Settlement Rent-roll when to be undertaken by Revenue-officer.— In every case in which a settlement of land revenue is being or is about to be made, the Revenue officer shall, after publication of the draft of the record-of-rights under section 103A, sub-section (1 ),—

(a) settle fair and equitable rents for tenants of every class,

(b) notwithstanding anything contained in section 191, settle a fair and equitable rent for any land in respect of which he has recorded, in pursuance of clause (j) of section 102, that the occupant is not entitled to hold it without payment of rent, and

(c) prepare a Settlement Rent-roll :

Provided that the Revenue-officer shall not settle the rents of tenants of every class in an estate or tenure belonging to the Government, if it does not appear to the State Government to be expedient that he should do so.104A. Procedure for settlement of rents and preparation of Settlement Rent-roll under this Part. — (i) For the purposes of settling rents under this Part and preparing a Settlement Rent-roll, the Revenue-officer may proceed in any one or more of the following ways, or partly in one of those ways and partly in another, that is to say,—

(a) if in any case the landlord and tenant agree between themselves as to the amount of the rent fairly and equitably, payable, the Revenue-officer shall satisfy himself that the rent so agreed upon is fair and equitable, and if he is so satisfied, but not otherwise, it may be settled and recorded as the fair and equitable rent;

(b) the Revenue-officer may himself propose what he deems to be the fair and equitable rent, and if the amount so proposed is accepted, either orally or in writing by the tenant, and if the landlord, after notice to attend, raises no objection, the rent so proposed may be settled and recorded as the fair and equitable rent;

(c) if the circumstances are, in the opinion of the Revenue-officer, such as to make it practicable to prepare a Table of Rates showing for any local area, estate, tenure or village or part thereof, or for each class of land in any local area, estate, tenure or village or part thereof, the rate or rates of rent fairly and equitably payable by tenure-holders and raiyats’ and under-raiyats’ of each class, he may frame a Table of Rates and settle and record all or any of the rents on the basis of such rates in the manner hereinafter described;

(d) the Revenue-officer may settle all or any of the rents by maintaining the existing rentals recorded in the record-of-rights as published under section 103A, sub-section (1), or by enhancing or reducing such rentals :

Provided that in making any such settlement regard shall be had to the principles laid down in sections 6 to 9 (both inclusive), 27 to 36 (both inclusive), 38, 39, 43, 50 to 52 (both inclusive), 180 and 191.

(2) The Settlement Rent-roll shall show the name of each landlord and of each tenant whose rent has been settled, and the amount of each such tenant’s rent payable for the area shown against his name.

104B. Contents of Table of Rates. — (1) If a Table of Rates is prepared, it shall specify —

(a) the class or several classes of land for which, having regard to the nature of the soil, situation, means of irrigation, and other like considerations, it is in the opinion of the Revenue-officer necessary or practicable to fix a rate or different rates of rent; and

(b) the rate or rates of rent fairly and equitably payable by tenants holding land of each such class whose rent is liable to alteration.

(2) Local publication of Table. — When the Revenue-officer had prepared the Table of Rates he shall publish it in the local area, estate, tenure or village to which it relates, in the vernacular language prevailing in the district, and in the prescribed manner.(3) Revenue-officer to deal with objections. — Any person objecting to any entry in the Table of Rates may present a petition to the Revenue-officer within a period of one month after such publication, and the Revenue-officer shall consider any such objection and may alter or amend the Table.(4) Table to be submitted to superior Revenue authority. — If no objection is made within the said period of one month, or, where objections are made, after they have been disposed of, the Revenue-officer shall submit his proceedings to the Revenue authority empowered by rule made by the State Government to confirm the Tables and Rent-rolls prepared under this Part (hereinafter called the “confirming authority”), with a full statement of the grounds of his proposals, and shall forward any petitions of objection which he may have received.(5)Proceedings of confirming authority. — The confirming authority may confirm a Table submitted under sub-section (4), or may disallow the same, or may amend the same in any manner which appears to it proper, and may allow in whole or in part any objection forwarded therewith or subsequently made, or may return the case for further inquiry.(6) Effect of Table. — When a Table of Rates has been confirmed by the confirming authority, the order confirming it shall be conclusive evidence that the proceedings for the preparation of the Table have been duly conducted in accordance with this Act; and it may be presumed that the rates shown in the Table for tenants of each class, for each of land, are the fair and equitable rates payable for land of that class within the area to which the Table applies.104C. Application of Table of Rates. — When a Table of Rates has been confirmed under section 104B, sub-section (5), the Revenue-officer may settle all or any of the rents and prepare the Settlement Rent-roll on the basis of the rates shown in the Table, by calculating the rental of each tenure or each holding of a raiyat or under-raiyat on the area of such tenure or holding at the said rates :Provided that the Revenue-officer shall not be bound to apply the said rates in any particular case in which he may consider it unfair or inequitable to do so.104D. Rules and principles to be followed in framing Table of Rates and settling rents in accordance therewith. — In framing a Table of Rates under section 104B, and in settling rents under section 104C, the Revenue-officer shall be guided by such rules as the State Government may make in this behalf, and shall, so far as may be, and subject to the proviso to the said section 104C, have regard to the general principles of this Act regulating the enhancement or reduction of rents.104E. Preliminary publication and amendment of Settlement Rent-roll. — (1) When a Settlement Rent-roll for a local area, estate, tenure, or village or part thereof has been prepared, the Revenue-officer shall cause a draft of it to be published in the prescribed manner and for the prescribed period, and shall receive and consider any objections made to any entry therein, or omission therefrom, during the period of publication, and shall dispose of such objections according to such rules as the State Government may make.(2) The Revenue-officer may, of his own motion or on the applications of any party aggrieved, at any time before a Settlement Rent-roll is submitted to the confirming authority under section 104F, revise any rent entered therein :Provided that no such entry shall be revised until reasonable notice has been given to the parties concerned to appear and be heard in the matter.104F. Final revision of Settlement Rent-roll, and incorporation of the same in the record-of-rights. — (1) When all objections have been disposed of under section 104E, the Revenue-officer shall submit the Settlement Rent-roll to the confirming authority, with a full statement of the grounds of his proposals and a summary of the objections (if any) which he has received.(2) The confirming authority may sanction the Settlement Rent-roll, with or without amendment, or may return it for revision :Provided that no entry shall be amended, or omission supplied, until reasonable notice has been given to the parties concerned to appear and be heard in the matter.(3) After sanction by the confirming authority, the Revenue-officer shall finally frame the Settlement Rent-roll and shall incorporate it with the record of-rights published in draft under section 103A.104G. Appeal to, and revision by, superior Revenue authorities. —(1) An appeal, if presented within two months from the date of the order appealed against, shall lie from every order passed by a Revenue-officer prior to the final publication of the record-of-rights on any objection made under section 104B, sub-section (3), or section 104E; and such appeal shall he to the prescribed superior Revenue authority.(2) The Board of Revenue may, in any case under this Part, on application or of its own motion, direct the revision of any record-of-rights or any portion of a record-of-rights at any time within two years from the date of the certificate of final publication, but not so as to affect any order passed by a Civil Court under section 104H :Provided that no such direction shall be made until reasonable notice has been given to the parties concerned to appear and be heard in the matter.104H. Jurisdiction of Civil Courts in matters relating to rent. — (1) Any person aggrieved by an entry of a rent settled in a Settlement Rent-roll prepared under sections 101A to 104F and incorporated in a record-of-rights finally published under section 103A, or by an omission to settle a rent for entry in such Settlement Rent-roll, may institute a suit in the Civil Court which would have jurisdiction to entertain a suit for the possession of the land to which the entry relates or in respect of which the omission was made.(2) Such suit must be instituted within six months from the date of the certificate of final publication of the record-of-rights, or, if an appeal has been presented to a Revenue authority under section 104G, then within six months from the date of the disposal of such appeal.(3) Such suit may be instituted on any of the following grounds, and on no others, namely :

(a) that the land is not liable to the payment of rent;

(b) that the land, although entered in the record-of-rights as being held rent-free, is liable to the payment of rent;

(c) that the relation of landlord and tenant does not exist;

(d) that land has been wrongly recorded as part of a particular estate or tenancy, or wrongly omitted from the lands of an estate or tenancy;

(e) that the tenancy belongs to a class different from that to which he is shown in the record-of-right as belonging;

(f) that the Revenue-officer has not postponed the operation of the settled rent under the provisions of section 110, clause (a), or has wrongly fixed the date from which it is to take effect under that clause;

(g) that the special conditions and incidents of the tenancy have not been recorded, or have been wrongly recorded;

(h) that any right of way or other easement attaching to the land has not been recorded, or has been wrongly recorded.

No such suit shall be brought against the Government unless the Government is landlord or tenant of the land to which the aforesaid entry relates or in respect of which the aforesaid omission was made.(4) If it appears to the Court that the entry of rent settled is incorrect, it shall, in case (a) or case (c) mentioned in sub-section (3), declare that no rent is payable, and shall in any other case settle a fair rent;and in any case referred to in clause (f) or clause (g) of the said subsection (3) the Court may declare the date from which the rent settled is to take effect, or pass such order relating to the entry as it may think fit.(5) When the Court has declared under sub-section (4) that no rent is payable, the entry to the contrary effect in the record-of-rights shall be deemed to be cancelled.(6) In settling a fair rent under sub-section (4), the Court shall be guided by the rents of the other tenures or holdings of the same class comprised in the same Settlement Rent-roll as settled under sections 104A to 104F.(7) Any rent settled by the Court under sub-section (4) shall be deemed to have been duly settled in place of the rent entered in the Settlement Rent-roll.(8) Save as provided in this section, no suit shall be brought in any Civil Court in respect of the settlement of any rent or the omission to settle any rent under sections 104A to 104F.(9) When a Civil Court has passed final orders or a decree under this section, it shall notify the same to the Collector of the district.104J. Presumptions as to rents settled under sections 104A to 104G.—Subject to the provisions of section 104H, all rents settled under sections 104A to 104F, and entered in a record-of-rights finally published under section 103A, or settled under section 104G, shall be deemed to have been correctly settled and to be fair and equitable rents within the meaning of this Act.

Part III — Settlement of rents and decision of disputes in cases where a settlement of land-revenue is not being or is not about to be made

  1. Settlement of rents by Revenue-officer in cases where a settlement of land revenue is not being or is not about to be made.— (1) When, in any case in which a settlement of land-revenue is not being made or is not about to be made, either the landlord or the tenant applies, within four months from the date of the certificates of the final publication of the record-of-rights under section 103A, sub-section (2), for a settlement of rent, the Revenue-officer shall settle a fair and equitable rent in respect of the land held by the tenant.Explanation.— A superior landlord may apply for a settlement of rent notwithstanding that his estate or tenure or part thereof has been temporarily leased.(2) When, in any case in which a settlement of land-revenue is not being made or is not about to be made, the Revenue-officer has recorded, in pursuance of clause (j) of section 102, that the occupant of any land claimed to be held rent-free is not entitled to hold it without payment of rent, and either the landlord or the occupant applies, within four-months from the date of the certificate of the final publication of the record-of rights under section 103A, sub-section (2), for a settlement of rent, the Revenue-officer shall settle a fair and equitable rent for the land.(3) Every application under sub-section (1) or sub-section (2) shall, notwithstanding anything contained in the Court-fees Act, 1870, bear such stamp as the State Government may prescribe.(4) In settling rents under this section, the Revenue-officer shall presume, until the contrary is proved, that the existing rent is fair and equitable, shall have regard to the rules laid down in this Act for the guidance of the Civil Court in increasing or reducing rents, as the case may be.(5) The Revenue-officer may in any case under this section propose to the parties such rents as he considers fair and equitable; and the rents so proposed, if accepted in writing by the parties, may be recorded as the fair rents, and shall be deemed to have been duly settled under this Act.(6) Where the parties agree among themselves, by compromise or otherwise, as to the amount of the fair rent, the Revenue-officer shall satisfy himself that the amount agreed upon is fair and equitable, and, if so satisfied, but not otherwise, he shall record the amount so agreed upon as the fair and equitable rent. If not so satisfied, he shall himself settle a fair and equitable rent as provided in sub-sections (4) and (5).(7) Where the lands of the tenancy are included in different local areas for which separate records are framed, the period of limitation specified in sub-section (1) shall begin to run from the date of the certificate of final publication of the last record which contains entries relating to the tenancy.105A. Decision of questions arising during the course of settlement of rents under this Part.— Where, in any proceedings for the settlement of rents under this Part, any of the following issues arise :

(a) whether the land is, or is not, liable to the payment of rent;

(b) whether the land, although entered in the record-of-rights as being held rent-free, is liable to the payment of rent;

(c) whether the relation of landlord and tenants exists;

(d) whether the land has been wrongly recorded as part of a particular estate or tenancy, or wrongly omitted from the lands of an estate or tenancy;

(e) whether the tenant belongs to a class different from that to which he is shown in the record-of-rights as belonging;

(f) whether the special conditions and incidents of the tenancy or any right of way or other easement attaching to the land have not, or has not, been recorded, or have, or has, been wrongly recorded;

(g) whether the rent payable at the time of final publication of the record-of-rights was correctly entered, and if not, what was the rent payable at that time;

the Revenue-officer shall try and decide such issue and settle the rent under section 105 accordingly :Provided that the Revenue-officer shall not try any issue under this section, which has been, or is already, directly and substantially in issue between the same parties, or between parties under whom they or any of them claim, and has been tried and decided, or is already being tried, by a Revenue-officer in a suit instituted before him under section 106.105B. Court-fees for raising an issue under section 105A. — When any issue is raised under section 105A, the party raising it shall pay, in addition to any other Court-fees which he may be liable to pay, such Court-fees as he would have been liable to pay if he had claimed relief under section 106.105C. Costs not to be awarded ordinarily in proceedings under section 105 by Revenue-officer. — Except for reasons to be recorded in writing, no Revenue-officer shall award to any party any portion of his costs in a proceeding under section 105.106. Institution of suit before a Revenue-officer. — (1) In proceedings under this Part, a suit may be instituted before a Revenue-officer at any time within four months from the date of the certificate of the final publication of the record-of-rights under sub-section (2) of section 103A of this Act, by presenting a plaint on stamped paper, for the decision of any dispute regarding any entry which a Revenue-officer has made in, or any omission which the said officer has made from, the record, whether such dispute be between landlord and tenant, or between landlords of the same or of neighbouring estates, or between tenant and tenant, or as to whether the relationship of landlord and tenant exists, or as to whether land held rent-free is properly so held, or as to any other matter;and the Revenue-officer shall hear and decide the dispute :Provided that the Revenue-officer may, subject to such rules as the State Government may make in this behalf, transfer any particular case or class of cases to a competent Civil Court for Trial :

Provided also that in any suit under this section the Revenue-officer shall not try any issue which has been, or is already, directly and substantially in issue between the same parties or between parties under whom they or any of them claim, in proceedings for the settlement of rents under this Part, where such issue has been tried and decided, or is already being tried, by a Revenue-officer under section 105A.(2) Where the lands to which the dispute relates are situated in local areas for which separate records are framed, the period of limitation specified in sub-section (1) shall begin to run from the date of the certificate of final publication of the last record which contains entries relating to such lands.

107. Procedure to be adopted by Revenue-officer. — In all proceedings under section 105, section 105A and section 106, the Revenue-officer shall, subject to rules made by the State Government under this Act adopt the procedure laid down in the Code of Civil Procedure, 1908 for the trial of suits; and his decision in every such proceeding shall have the force and effect of a decree of a Civil Court in a suit between the parties, and, subject to the provisions of sections 108 and 115C shall be final.

108. Revision by Revenue-officer. — Any Revenue-officer specially, empowered by the State Government in this behalf may, on application or of his own motion, within twelve months from the making of any order or decision under section 105, section 105A, section 106 or section 107, revise the same, whether it was made by himself or by any other Revenue-officer, but not so as to affect any order passed or decree made under section 115C :Provided that no such order or decision shall be so revised if an appeal from it has been filed under section 115C or until reasonable notice has been given to the parties concerned to appear and be heard in the matter.

108A. Correction by Revenue-officer of mistakes in record-of-rights.– Transferred as section 1I5B. by s. 74 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

109. Bar to jurisdiction of Civil Courts.— Subject to the provisions of section 115C, a Civil Court shall not entertain any application or suit concerning any matter which is or has already been the subject of an application made, suit instituted or proceedings taken under sections 105 to 108 (both inclusive) :Provided that nothing contained in this section shall debar a Civil Court from entertaining a suit concerning any matter which —

(a) was the subject-matter of an application under section 105, or section 105A, or of a suit under section 106, if such application or suit has been dismissed for default or withdrawn, or

(b) has not been finally adjudicated upon in any such proceeding or suit.

109A. Appeals from decisions of Revenue-officers. — Transferred as section 115C, by s. 76 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

Part IV — Supplemental provisions

109B. Power of Revenue-officer to presume that agreements or compromises are lawful. — In all proceedings under this Chapter, the Revenue- officer may presume that an agreement or compromise made or entered into by any landlord and his tenant is lawful;but, when the terms of the agreement or compromise are such as might unfairly or inequitably affect the rights of third parties, he shall not give effect to such agreement or compromise until he has given reasonable notice to such third parties to appear and be heard in the matter and unless and until he is satisfied that the statements made by the parties to the agreement or compromise are correct.

109C. Power to Revenue-officer to settle rents on agreement. — (1) Notwithstanding anything contained in section 109B, if, in any case while the record is being prepared, the landlord and tenant agree as to the rent which shall be recorded as payable for the tenure or holding, a Revenue-officer may, if he is satisfied that the rent agreed upon is fair and equitable, but not otherwise, settle such rent as a fair and equitable rent, although the terms of the agreement are such that, if they were embodied in a contract, they could not be enforced under this Act;and the provisions of section 113 shall apply to a rent so settled.(2) A landlord or tenant may appeal to the Special Judge appointed under section 115C, on the ground that the rent settled by the Revenue-officer, under sub-section (1), as a fair and equitable rent, was not agreed to by such landlord or tenant, and on no other ground.(3) The Board of Revenue may, on application made, or of its own motion in proceedings undertaken, within one year from the date of the order, under sub-section (1), settling a rent as a fair and equitable rent, direct the revision of the rent so settled :Provided that no such direction shall be made until reasonable notice has been given to the parties concerned to appear and be heard in the matter.109D. Note of decisions on record. — A note of all rents settled under section 105, of all decisions of issues under section 105A or section 106 and of all orders regarding the same on appeal or revision under section 108 or section 115C shall be made in, or appended to, the record-of-rights finally published under sub-section (2) of section 103A, and such notes shall be considered as part of the record.110. Date from which settled rent takes effect.— When a rent is settled by a Revenue-officer under this Chapter, it shall take effect from the beginning of the agricultural year next after the date of the decision fixing the rent or (if a settlement of land-revenue is being or is about to be made) the date of final publication of the record-of-rights :Provided as follows :

(a) if the land is comprised in an area, estate or tenure in respect of which a settlement of land-revenue is being or is about to be made, the rent settled shall, subject to the provisions of section 191, take effect from the expiration of the period of the current settlement, or from such other date after the expiration of that period as may be fixed by the Revenue-officer;

(b) if the land is not comprised in an area, estate or tenure as aforesaid, and if the existing rent has been fixed by a contract binding between the parties for an unexpired term of years, the rent settled shall take effect from the expiration of that term, or from such other date after the expiration of that term as may be fixed by the Revenue-officer.

  1. Stay of proceedings in Civil Court during preparation of record-of•rights.— When an order has been made under section 101, directing the preparation of a record-of-rights, then, subject to the provisions of section 104H, a Civil Court shall not,—

(a) where a settlement of land-revenue is being or is about to be made—until after the final publication of the record-of-rights, and

(b) Where a settlement of land-revenue is not being made or is not about to be made — until four months after the final publication of the record-of-rights, entertain any application made under section 158, or any suit or application for the alteration of the rent or the determination of the status of any tenant in the area to which the record-of-rights applies.

111A. Limitation of jurisdiction of Civil Courts in matters, other than rent, relating to record-of-rights. — No suit shall be brought in any Civil Court in respect of any order directing the preparation of a record of-rights under this Chapter, or in respect of the framing, publication, signing or attestation of such a record or of any part of it, or, save as provided in section 104H, for the alteration of any entry in such a record of a rent settled under sections 104A to 104F :Provided that any person who is dissatisfied with any entry in or omission from a record-of-rights framed in pursuance of an order made under section 101, sub-section (2), clause (d), which concerns a right of which he is in possession, may institute a suit for declaration of his right under Chapter VI of the Specific Relief Act, 1877.111B. Stay of suits in which certain issues arise. — (1) Where a record of-rights has been prepared and finally published in respect of the land in any area in which a settlement of land-revenue is not being made, or is not about to be made, no application or suit affecting such land or any tenant thereof shall, within four months from the date of the certificate of final publication of such record-of-rights, be made or instituted in any Civil Court for the decision of any of the following issues, namely :

(a) whether the land is or is not liable to the payment of rent;

(b) whether the relation of landlord and tenant exists;

(c) whether the land is part of a particular estate or tenancy; or

(d) whether there is any special condition or incident of the tenancy, or where any right of way or other easement attaches to the land.

(2) If, before the final publication of the record-of-rights in such area, a suit involving the decision of any of the issues mentioned in sub-section (1) has been instituted in a Civil Court, the Revenue-officer shall not, in a suit under section 106 or in proceedings under section 105A, try such issue unless in such civil suit such issue is not in fact tried or decided.(3) Where, in the course of settling fair rents under section 105, the Revenue-officer finds that, by reason of a suit involving the decision of any of the issues mentioned in sub-section (1) having been instituted in a Civil Court before the final publication of the record-of-rights, or before a Revenue-officer under section 106, is unable to settle a fair rent until such issue is decided, the Revenue-officer shall stay the proceedings, for the settlement of a fair rent, pending a final decision on the issue;and, after the issue has been finally decided, he shall settle a fair rent, as if the record-of-rights has been framed in accordance with such decision.(4) Where the making of an application or institution of a suit has been delayed owing to the operation of sub-section (1), the period of four months therein mentioned shall be excluded in computing the period of limitation prescribed for such suit or application.

112. Power to authorise special settlement in special cases. — (1) The State Government may, on being satisfied that the exercise of the powers hereinafter mentioned is necessary in the interests of public order or of the local welfare, or that any landlord is demanding or exacting rents in excess of the rents entered as payable in a record-of-rights prepared under this Chapter, or of the rents payable by reason of enhancements lawfully made after the final publication of such record, invest a Revenue-officer with the following powers or either of them, namely :-

(a) power to settle all rents;

(b) power, when settling rents, to reduce rents, if in the opinion of the officer, the maintenance of existing rents would on any ground, whether specified in this Act or not, be unfair or inequitable.

(2) The powers given under this section may be made exercisable within a specified area, either generally or with reference to specified cases or classes of cases.(2a) A settlement of rents under this section shall be made in the manner provided by sections 104 to 104J (both inclusive).(2b) If any rent other than rent for which a decree has already been obtained is in arrear in respect of a tenancy at the time when a settlement of rents is made under this section, such arrear shall not be recoverable in any Court in so far as it exceeds the amount which would have ‘been due as rent of the tenancy had the settlement of rent taken place at the commencement of the period for which such rent is claimed.

113. Periods for which rents as settled are to remain unaltered. — (I) When the rent of a tenure or holding is settled under this Chapter, it shall not, except on the ground of a landlord’s improvement or of a subsequent alteration in the area of the tenure or holding, be enhanced, in the case of a tenure or an occupancy-holding or the holding of an under raiyat having occupancy rights, for fifteen years, and, in the case of a non-occupancy-holding or the holding of an under-raiyat not having occupancy rights, for five years; and no such rent shall be reduced within the periods aforesaid save on the ground of alteration in the area of the holding or on the ground specified in section 38, clause (a).(2) The said period of fifteen years and five years shall be counted from the date on which the rent settled takes effect under this Chapter.114. Expenses of proceedings under this Chapter. — (1) When the preparation of a record-of-rights has been directed or undertaken under this Chapter, in any case except where a settlement of land-revenue is being or is about to be made, the expenses incurred in carrying out the provisions of this Chapter in any local area, estate, tenure or part thereof (including expenses that may be incurred at any time, whether before or after the preparation of the record-of-rights, in the maintenance, repair or restoration of boundary marks and other survey marks erected for the purpose of carrying out the provisions of this Chapter), or such part of those expenses as the State Government may direct, shall be defrayed by the landlords, tenants and occupants of land in that local area, estate, tenure or part in such proportions and in such instalments (if any) as the State Government, having regard to all the circumstances, may determine.(2) The estimated amount of the expenses likely to be incurred for the maintenance, repair or restoration of boundary marks for a period not exceeding fifteen years, or such part of such amount as the State Government may direct, may be recovered in advance in the same manner as if such expenses had been already incurred.(3) The portion of the aforesaid expenses which any person is liable to pay shall be recoverable by the Government as if it were an arrear of land-revenue due in respect of the said local area, estate, tenure or part.(4) The cost of preparing copies of survey maps and records-of-rights under this Chapter for distribution to landlords and tenants shall be deemed to be part of the expenses incurred in carrying out the provisions of this Chapter.Explanation.— The word “tenure” in this section includes all revenue-free and rent-free tenures and holdings within a local area, estate or tenure.115. Presumption as to fixity of rent not to apply where record-of rights has been prepared.— When the particulars mentioned in section 102, clause (b), have been recorded under this Chapter in respect of any tenancy, the presumption under section 50 shall not thereafter apply to that tenancy.115A. Demarcation of village boundaries.— In the demarcation of village boundaries for the purpose of making a survey and preparing a record-of-rights under this Chapter, a Revenue-officer shall, so far as is possible, and subject to the provisions of the Bengal Survey Act, 1875, preserve, as the unit of survey and record, the area contained within the exterior boundaries of the village maps of the revenue survey, or other survey, if any, adopted under clause (19) (b) of section 3 as defining villages; and, where village maps prepared at such revenue or other survey exist, he shall not, without the sanction of the Board of Revenue, adopt any other area as such unit.115B. Correction by Revenue-officer of mistakes in record-of-rights. — Any Revenue-officer specially empowered by the State Government in this behalf may, on application or of his own motion, within two years from the date of the certificate of the final publication of the record-of-rights under sub-section (2) of section 103A, correct any entry in such record-of rights which he is satisfied has been made owing to a bona fidemistake :Provided that no such correction shall be made if an appeal affecting such entry has been filed under section 115C, or until reasonable notice has been given to the parties concerned to appear and be heard in the matter.

115C. Appeals from decisions of Revenue-officers.— (1) The State Government shall appoint one or more persons to be a Special Judge or Special Judges for the purpose of hearing appeals from the decisions of Revenue-officers under sections 105 to 108 (both inclusive) and section 115B.(2) An appeal shall lie to the Special Judge from the decision of a Revenue-officer under sections 105 to 108 (both inclusive) and section 115B, and the provisions of the Code of Civil Procedure, 1908, relating to appeals shall, as nearly as may be, apply to all such appeals.(3) Subject to the provisions of sections 100 to 103, section 107, section 108 and section 144 of, and Order XLII in Schedule Ito the Code of Civil Procedure, 1908, an appeal shall lie to the High Court from the decision of a Special Judge in any case under this section (not being a decision settling a rent) as if he were a Court subordinate to the High Court within the meaning of section 100 of that Code :Provided that, if in a second appeal the High Court alters the decision of the Special Judge in respect of any of the particulars with reference to which the rent of any tenure or holding has been settled, the Court may settle a new rent for the tenure or holding, but in so doing shall be guided by the rents of the other tenures or holdings of the same class comprised in the same record as ascertained under section 102 or settled under section 105 or section 108.

CHAPTER XI

Non-accrual of occupancy and non-occupancy rights and record of proprietor’s private lands

  1. Saving as to certain lands.— (1) Nothing in Chapter V shall confer a right of occupancy in, and nothing in Chapter VI shall apply to, lands acquired or deemed to have been acquired under the Land Acquisition Act, 1894, or the Defence of India Rules made under the Defence of India Act, 1939, or the Requisitioned Land (Continuance of Powers) Act, 1947, or the West Bengal Land (Requisition and Acquisition) Act, 1948, or the West Bengal Land Development and Planning Act, 1948, or the West Bengal Requisitioned Land (Continuance of Powers) Act, 1951, or the Requisitioning and Acquisition of Immovable Property Act, 1952, or any other law for the time being in force providing for the compulsory acquisition of land for the Government or for any local authority or for a Railway Company, or lands belonging to the Government within a Cantonment, while such lands remained the property of the Government, or of any local authority or Railway Company or lands owned by the Government or by any local authority which are used for any public work, such as a road, canal or embankment, or are required for the repair or maintenance of the same, or to a proprietor’s private lands known askhamar. nij-nij jot. zirat. sir, or khamat, where any such land is held under a lease for a term of years or under a lease from year to year.(2) Where any land has vested in the State under the provisions of the West Bengal Estates Acquisition Act, 1953, and the land has not been retained by any intermediary or any person where such intermediary or person is entitled to retain it under that Act, then, as from the date of the vesting of the land in the State, nothing in Chapter V shall confer a right of occupancy in, and nothing in Chapter VI shall apply to, the land or any part thereof.117. Power for State Government to order survey and record of proprietor’s private lands. —The State Government may, from time to time, make an order directing a Revenue-officer to make a survey and record of all the lands in a specified local area which are a proprietor’s private lands within the meaning of section 116.118. Power for Revenue-officer to record private land on application of proprietor for tenant. — In the case of any land alleged to be a proprietor’s private land, on the application of the proprietor or of any tenant of the land, and on his depositing the required amount for expenses, a Revenue-officer may, subject to and in accordance with rules made in this behalf by the State Government, ascertain and record whether the land is or is not a proprietor’s private land.

119. Procedure for recording private land. — When a Revenue-officer proceeds under section 117 or 118, the provisions of sections 103A, 103B, 106, 107 108, 109 and 115C shall apply.

120. Rules for determination of proprietor’s private land. — (1) The Revenue-officer shall record as a proprietor’s private land —

(a) land which is proved to have been cultivated as khamar, zirat, sir, raj, nij-jot or khamat by the proprietor himself with his own stock or by his own servants or by hired labour for twelve continuous years immediately before the passing of this Act, and

(b) cultivated land which is recognised by village usage as proprietor’s khamar, zirat, sir-nij, nij jot or khamat.

(2) In determining whether any other land ought to be recorded as a proprietor’s private land, the officer shall have regard to local custom, and to the question whether the land was before the second day of March, 1883, specifically let as proprietor’s private land, and to any other evidence that may be produced; but shall presume that land is not a proprietor’s private land until the contrary is shown.(2a) Notwithstanding anything contained in any agreement or compromise, or in any decree which is proved to his satisfaction to have been Obtained by collusion or fraud, a Revenue-officer shall not record any land as a proprietor’s private land, unless it is proved to be such by satisfactory evidence of the nature described in sub-section (1) or sub-section (2).(3) If any question arises in a Civil Court as to whether land is or is not a proprietor’s private land, the Court shall have regard to the rules laid down in this section for the guidance of Revenue-officers.

CHAPTER XII

Distraint

121 to 142. Repealed by section 87 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

CHAPTER XIII

Judicial procedure
  1. Power to modify Civil Procedure Code in its application to landlord and tenant suits.— (1) The High Court may, from time to time, with the approval of the State Government, make rules, consistent with this Act declaring that any portions of the Code of Civil Procedure, 1908, shall not apply to suits between landlord and tenant as such or to any specified classes of such suits, or shall apply to them subject to modifications specified in the rules.(2) Subject to any rules so made and subject also to the other provisions of this Act, the Code of Civil Procedure, 1908, shall apply to all such suits.144. Jurisdiction in proceedings under Act.— (1) The cause of action in all suits between landlord and tenant as such shall, for the purposes of the Code of Civil Procedure, 1908, be deemed to have arisen within the local limits of the jurisdiction of the Civil Court which would have jurisdiction to entertain a suit for the possession of the tenure or holding in connection with which the suit is brought and no suit between landlord and tenant as such shall be instituted in any Court other than a Court within the local jurisdiction of which the lands of the tenure or holding, as the case may be, are wholly or partly situated.(2) A landlord may institute one suit in respect of the rent of more than one tenancy, if the tenancies, in respect of the rent of which the suit is brought, are held in similar right and equal status by the same tenant under him :Provided that-

(i) the claim in respect of each tenancy shall be stated separately in the plaint;

(ii) separate decrees shall be made in respect of each tenancy;

(iii) the costs of the suit shall be apportioned by the Court in respect of each tenancy; and

(iv) separate Court-fees shall be levied on the plaint in respect of the claim on account of each tenancy.

(3) When under this Act a Civil Court is authorised to make an order on the application of a landlord or a tenant; the application shall be made to the Court which would have jurisdiction to entertain a suit for the possession of the tenure or holding in connection with which the application is brought.145. Naibs or gumashtas to be recognised agents.— Every naib or gumashta of a landlord empowered in this behalf by a written authority under the hand of the landlord shall, for the purposes of every such suit or application, be deemed to be the recognised agent of the landlord within the meaning of the Code of Civil Procedure, 1908, notwithstanding that the landlord may reside within the local limits of the jurisdiction of the Court in the suit is to be instituted or is pending, or in which the application is made :Provided that notwithstanding anything contained in the Code of Civil Procedure, 1908, every such naib or guniashta may verify the pleadings on behalf of the landlord and shall not be required to obtain the permission of the Court for the purpose of such verification.146. Special register of suits. — The particulars mentioned in Rule I of Order VII in Schedule Ito the Code of Civil Procedure, 1908 shall, in the case of such suits, instead of being entered in the register of civil suits prescribed by Rule 2 of Order IV in Schedule I to the said Code, be entered in a special register to be kept by each Civil Court, in such form as the State Government may, from time to time, prescribe in this behalf.146A. Joint and several liability for rent of co-sharer tenants in a tenure or holding.— (1) Notwithstanding anything contained in the Indian Contract Act, 1872, all co-sharer tenants in a tenure or holding and their successors-in-interest shall be liable to the landlord jointly and severally for the rent payable to such landlord on account of the tenure or holding, whether such rent has accrued during the time of their own occupation or during the time of the occupation of their predecessors-in-interest.(2) Notwithstanding anything contained elsewhere in this Act or in any other law, a decree for arrears of rent of a tenure or holding and a sale in execution of such decree shall be valid against all the co-tenants, whether they have been made parties defendant to the suit or not and against the holding in the manner provided in Chapter XIV, if the defendants to the suit represented the entire body of co-sharer tenants in the tenure or holding for the rent of which the suit was brought. (3) The entire body of co-sharer tenants in a tenure or holding shall for the purposes of sub-section (2) be deemed to be represented by the defendants to the suit if such defendants include

(i) all the co-sharer tenants in the tenure or holding whose homesteads are situated in the village in which the tenure or holding is situated;

(ii) such of the co-sharer tenants in the tenure or holding, as have, at any time during the three years previous to that for the rent of which the suit is brought, made any payment of rent for the tenure or holding;

(iii) such co-sharer tenants who having purchased an interest in the tenure or holding, have given notice of the purchase under subsection (3) of section 12 or section 26C, as the case may be, or, who having succeeded to an interest by inheritance have given notice of their succession under section 15; and

(iv) all other co-sharer tenants in the tenure or holding whose names are entered in the landlord’s rent-roll.

146B. Procedure in rent suit against co-sharer tenants in a tenure or holding.— (1) Notwithstanding anything contained in the Indian Limitation Act, 1908, any person who claims that he should have been joined as a co-sharer tenant defendant in a suit for the recovery of arrears of rent due in respect of a tenure or holding may at any time before the hearing of the suit has been commenced apply to be made a party defendant to the suit, and the Court shall consider his claim, and if it finds that he should have been so joined shall join him as a party defendant :Provided that if any such person at any time in the course of such suit pays into Court the full amount of the claim together with such costs as the Court may direct, the suit shall be dismissed and in any such case the provisions of section 17 shall apply.(2) The provisions of sub-sections (2) and (3) of section 146A shall, so far as may be, apply in the case of a co-sharer tenant joined as a defendant under sub-section (1) of this section.147. Successive rent suits.— (1) Subject to the provisions of Rule 1 of Order XXIII in Schedule Ito the Code of Civil Procedure, 1908 where a landlord has instituted a suit against a raiyat for the recovery of any rent, of holding, the landlord shall not institute another suit against him for the recovery of any rent of that holding until after nine months from the date of the institution of the previous suit.(2) Nothing in sub-section (1) nor in Rule 2 of Order II in Schedule Ito the Code of Civil Procedure, 1908, shall be deemed to prevent a landlord instituting a suit for a portion of the arrears of rent in respect of a holding, provided that—

(a) the claim in such suit shall be for the rent or the balance of the rent due for a complete agricultural year or years; and

(b) the plaint shall contain in addition to the particulars specified in clause (b) of section 148, the total claim which might have been made on the date of the institution of the suit, and the period to which the said total claim relates.

(3) Where a subsequent suit for rent is instituted by a co-sharer landlord and has been consolidated with a previous suit for rent under the provisions of sub-section (4) of section 148A, the date of the institution of the subsequent suit shall, for the purposes of this section, be deemed to be the date of the suit which was first instituted and with which it was consolidated.147A. Compromise of suits between landlord and tenant. — (1) Notwithstanding anything contained in Rule 3 of Order XXIII in Schedule Ito the Code of Civil Procedure, 1908, if any suit between landlord and tenant as such is wholly or partly adjusted agreement or compromise, the Court shall not order an agreement or compromise to be recorded and shall not pass a decree in accordance with such agreement or compromise unless it is satisfied, for reasons to be recorded in writing, that the terms of such agreement or compromise are such that, if embodied in a contract, they could be enforced under this Act :Provided that, in the case of a suit instituted by the landlord to enhance the rent, the enhancement, if any, agreed upon may be decreed if the Court be satisfied, for reasons to be recorded in writing, that such enhancement is fair and equitable and in accordance with the rules laid down in this Act for the guidance of Courts in increasing rents.(2) Where the terms of any agreement or compromise are such as might, unfairly or inequitably affect the rights of third parties, the Court shall not pass a decree in accordance with such agreement or compromise, unless and until it is satisfied by evidence that the statements made by the parties thereto are correct.Illustration.— A, a proprietor, agrees that B, his tenant, shall be recorded as an occupancy-raiyat : this affects the rights of the tenants of B. The Court must, under this sub-section, inquire whether B is a tenure-holder or a raiyat as defined in section 5. If the Court finds on the evidence that B is a raiyat, it may pass a decree in accordance with the agreement, but shall n not do so if it finds that B is a tenure-holder.147B. Regard to be had by Civil Courts to entries in record-of-rights. — In all areas for which a record-of-rights has been prepared and finally published under sub-section (2) of section 103A, a Civil Court shall, in all suits between landlord and tenant as such, have regard to the entries in such record-of-rights relating to the subject-matter in dispute which may be produced before it, unless such entries have been proved by evidence to be incorrect; and when a Civil Court passes a decree at variance with such entries, it shall record its reasons for so doing.148. Procedure in rent suits. — The following rules shall apply to suits for the recovery of rent :

(a) sections 68 to 72 of the Code of Civil Procedure, 1908, and Rules 1 to 13 of Order XI, Rule 83 of Order XXI and Rule 2 of Order XLVIII in Schedule I to the said Code, and Schedule III to the said Code, shall not apply to any such suit;

(b) the plaint shall contain, in addition to the particulars, specified in Rules 1, 2, 4, 5 and 6 and sub-rule (2) of Rule 9 of Order VII in Schedule Ito the Code of Civil Procedure, 1908, a statement of the situation, designation, extent and boundaries of the land held by the tenant; or, where the plaintiff is unable to give the extent, or boundaries, in lieu thereof a description sufficient for identification. The plaint shall further contain a statement whether a record-of-rights has been prepared and finally published in respect of such land;

(c) where the suit is for the rent of land situated within an area for which a record-of-rights has been finally published, the plaint shall contain a statement of the serial number or numbers borne by the tenancy in the record-of-rights, and of the area and rental of the tenancy according to such record, unless the Court is satisfied, for reasons to be recorded in writing, that the plaintiff was prevented by any sufficient cause from furnishing such statement :

Provided that, in all cases in which the Court admits a plaint which does not contain such statement, the Court shall, and in any other case in which it sees fit the Court may, require the Collector to supply, without payment of fee, a verified or certified copy of, or extract from, the record-of-rights relating to the tenancy :

Provided also that, when the plaint contains such a statement, no statement of the situation, designation, extent and boundaries of the land held by the tenant as referred to in clause (b) shall be required, except in so far as may be necessary for the purposes of clause (d);

(d) where any changes have occurred in the area, survey plots, or rent of the tenancy since the record-of-rights was finally published, the plaint shall further contain a statement showing the particulars of such of changes;

(e) the summons shall be for the final disposal of the suit, unless the Court is of opinion that the summons should be for the settlement of issues only;

(f) the service of the summons may, if the High Court by rule, either generally, or specially for any local area, so directs, be effected either in addition to, or in substitution for, any other mode of service, by forwarding the summons by post in a letter addressed to the defendant and registered under Chapter VI of the Indian Post Office Act, 1898;

When a summons is so forwarded in a letter, and it is proved that the letter was duly posted and registered, the Court may presume that the summons has been duly served;

(g) notwithstanding anything contained in the Code of Civil Procedure, 1908, or any rules made thereunder the plaintiff in a suit for recovery of arrear of rent shall not be required to supply any identifier for the purpose of serving the summons on the defendant or on any witness, and the serving officer shall serve the summons after due inquiry as to the identify of the person on whom, or the house or property where, the summons is served. The serving officer shall serve the summons in the presence of at least two persons and he shall, whenever possible, require the signature of those persons to be endorsed on the original summons and, where he is unable to serve the summons, he shall, whenever possible, require the signatures of two persons of the locality to be so endorsed;

(h) notwithstanding anything contained in Rule 4(3) of Order 32 in Schedule I to the Code of Civil Procedure, 1908, the Court may serve on the natural guardian of a minor defendant in a suit for arrears of rent a notice informing him that he will be treated as the guardian of such defendant in respect of such suit, unless he appears and objects within such time, not being less than fourteen clear days after the service of the notice, as may be specified in the said notice, and, in default of compliance with such notice, such natural guardian shall, unless the Court otherwise directs, be deemed to be the duly appointed guardian of the said minor defendant for all the purposes of such suit;

(i) a written statement shall not be filed without the leave of the Court, but the Court shall record its reasons for granting or refusing such leave;

(j) the rules for recording the evidence of witnesses contained in Rule 13 of Order XVIII in Schedule Ito the Code of Civil Procedure, 1908, shall apply, whether an appeal is allowed or not;

(k) (i) notwithstanding anything contained in the Code of Civil Procedure, 1908, where a suit is instituted for rent entered in a record-of-rights finally published under Chapter X or where the rent is payable under a registered lease between the landlord and the tenant or where the annual rent payable has been decreed in a previous suit between the landlord and the tenant, the Court may, if the plaintiff desires to proceed under this section, issue a special summons in the prescribed form;

(ia) service of the special summons referred to in sub-clause (i) shall ordinarily be effected by forwarding summons by post in a letter with acknowledgement due addressed to the defendant and registered under Chapter VI of the Indian Post Office Act, 1898; and when a summons is so forwarded, and it is proved that the letter was duly posted and registered, the Court may presume that the summons has been duly served;

(ii) when a special summons referred to in sub-clause (i) has been served, if the defendant fails to appear and defend the suit, the allegations in the plaint as regards the rent due shall be deemed to be admitted and the plaintiff shall be entitled to a decree for any sum not exceeding the sum mentioned in the summons together with interest at the rent of six per cent. per annum from the date of the suit up to the date of payment and for costs with interest thereon :

Provided that the Court may at its discretion in any case in which it thinks fit, direct the plaintiff to adduce evidence in support of his claim :

Provided also that notwithstanding anything contained in section 13 of the Indian Evidence Act, 1872, where a decree has been passed under this clause, no statement in the plaint regarding the nature, area and incidents of the tenancy or regarding any liability other than the rent claimed as due shall be evidence against the tenant in any subsequent suit or proceeding;

(iii) within seven days after the passing of a decree under sub clause (ii) the Court shall send at the cost of the plaintiff to the defendant or defendants against whom the decree has been passed a registered postcard in the prescribed form stating the particulars contained in the decree and no action in execution of a decree shall be taken until a period of sixty days has elapsed since the date of the decree;

(iiia) notwithstanding anything contained in section 34 of the Code of Civil Procedure, 1908, no interest shall be payable from the date of the decree on the aggregate sum decreed, if such aggregate sum is paid in full by the judgment-debtor within sixty days from the date of the decree;

(iv) notwithstanding anything contained in Rule 13 of Order IX in Schedule Ito the Code of Civil Procedure, 1908, or in section 153A of this Act, where a decree is passed ex parte against a defendant under sub-clause (ii), he may apply to the Court by which the decree was passed for an order to set aside the decree and the Court, if it is satisfied that summons was not duly served and that there is prima facie evidence of a bona fide defence, may make an order setting aside the decree as against him or if necessary against all or any of the other defendants also;

(l) when any account-books, rent-rolls, collection-papers, measurement-papers, maps or extracts from records-of-rights have been produced by a party before any Court, and have been admitted in evidence in a suit pending therein;

copies of, extracts from, such documents, may be certified by a duly authorised officer of such Court to be true copies or extracts without the payment of any Court-fee, and such copies or extracts, may, with the permission of the Court, be substituted on the record for the originals, which may then be returned to the party;

and thereafter copies and extracts so certified, may be admitted in evidence in any other suit instituted in the same or any other Court, unless the Court before which they are produced sees fit to require the production of the originals;

(m) the Court may, when passing the decree, order on the oral application of the decree-holder the execution thereof, unless it is a decree for ejectment for arrears;

(n) notwithstanding anything contained in sub-rule (3) of Rule 11 of Order XXI in Schedule I to the Code of Civil Procedure, 1908, the Court shall not, unless for special reasons to be recorded in writing, direct the decree-holder to file a copy of the decree or any fresh vakalatnama for the purpose of executing the decree;

(o) notwithstanding anything contained in Rule 16 of Order XXI in Schedule Ito the Code of Civil Procedure, 1908, an application for the execution of a decree for arrears obtained by a landlord shall not be made by an assignee of the decree unless the landlord’s interest in the land has become and is vested in him.

148A. Power of co-sharer landlord to sue for rent in respect of his share in a tenure or holding against the tenure or holding on making remaining co-sharers parties. — (1) A co-sharer landlord may institute a suit to recover the rent due to him in respect of his share in a tenure or holding, by making all the remaining co-sharer landlords parties defendant to the suit, and claiming that relief be granted to him in respect of his share of the rent against the entire tenure or holding.(2) On the plaint being admitted, the Court shall by summons in the prescribed form call upon the remaining co-sharer landlords aforesaid to join in the suit as co-plaintiffs for their shares of the rent due to them in respect of the tenure or holding up to the date of the institution of the suit.(3) On the date named in the summons for his appearance or on any subsequent date fixed by the Court in this behalf, any co-sharer landlord, who has been summoned as defendant, may apply to be joined in the suit as a co-plaintiff, and on his paying the Court-fee on the amount of his claim, he shall be joined as a co-plaintiff in respect of the rent claimed to be due to him up to the date of the institution of the suit.(4) If it comes to the notice of the Court that any co-sharer landlord has before the service upon him of a summons under sub-section (2) instituted a separate suit to recover his share of the rent of the tenure or holding, the separate suit shall be consolidated with that brought under sub-section (1) and such co-sharer landlord shall be deemed to be a co-plaintiff and shall amend his plaint so as to claim the rent due to him up to the date of the institution of the suit under sub-section (1) :Provided that, if the Court is not competent to consolidate and try the suit, such suit shall be transferred to a Court of competent jurisdiction for consolidation and trial.(5) The summons on all the defendants to the suit other than co-sharer landlords shall thereafter be served, and the Court shall thereupon proceed to the trial of the suit.(6) A decree passed by the Court for the rent claimed in a suit brought in accordance with the foregoing provisions of this section shall, so far as may be, specify separately the amounts payable to each co-sharer and shall, as regards the remedies for enforcing the same, be as effectual as a decree obtained by a sole landlord or an entire body of landlords in a suit brought for the rent due to all the co-sharers.(7) When one or more co-sharer landlords, having obtained a decree in a suit framed under this section, applies or apply for the execution of the decree by the sale of the tenure or holding, the Court shall, before proceeding to sell the tenure or holding, give notice of the application of the execution to the other co-sharers.(8) (i) In disposing of the proceeds of a sale in execution of the decree referred to in sub-section (6) the following rules, instead of those contained in section 73 of the Code of Civil Procedure, 1908, shall be observed,—

(a) there shall first be paid to the decree-holders the costs incurred by them in bringing the tenure or holding to sale;

(b) there shall in the next place be paid to the decree-holders the amount due to them under the decree in execution of which the sale was made;

(c) if there remains a balance after these sums have been paid, there shall be paid therefrom to the decree-holders and to any defendant landlords, who have not joined as plaintiffs, but have made application in this behalf within one month from the date of the confirmation of the sale, any rent which may have fallen due to them in respect of the tenure or holding between the institution of the suit and the date of the confirmation of the sale, in proportion to their respective shares in the tenure or holding :

Provided that the Court shall issue a notice to the judgment-debtor or his pleader, if any, before ordering any such payment;

(d) the balance (if any) remaining after the payment of the rent mentioned in clause (c) shall, upon the expiration of two months from the confirmation of the sale, be paid to the judgment-debtor on his application unless the Court for reasons to be recorded in writing otherwise directs.

(ii) If the judgment-debtor disputes the right of the decree-holder or of the co-sharer landlord who has been made a party defendant to receive any sum on account of rent under clause (c), the Court shall determine the dispute and the determination shall have the force of a decree.

(9) When a suit has been instituted under the provisions of sub-section (1), no co-sharer landlord, who has been made a party defendant thereto and duly served with summons issued under sub-section (2), shall be entitled to recover, save as co-plaintiff in that suit, any rent in respect of the tenure or holding for the period in suit or for any period previous thereto.(10) Where a suit instituted under the provisions of sub-section (1) has been withdrawn with leave to bring a fresh suit, the procedure, remedies and disabilities hereinbefore provided by this section shall apply to such fresh suit when instituted and to the parties thereto.(11) In the event of the holding or tenure not being sold as a result of a suit instituted under sub-section (1), nothing contained in Rule 2 of Order II in Schedule I to the Code of Civil Procedure 1908, shall preclude a co-sharer landlord who has been joined as plaintiff under sub-section (3) or is deemed to be a co-plaintiff under sub-section (4) from recovering by suit, rent and interest due to him and damages, if awarded, in respect of the tenure or holding for the period subsequent to the date of the institution of the suit under this section.(12) If the rent claimed in a plaint as amended under sub-section (4) is less than the rent claimed in the original plaint in the separate suit referred to in that sub-section, the balance of rent may be recovered under the provisions of clause (c) of sub-section (8) or of sub-section (11).149. Payment into Court of money admitted to be due to third person. — (1) When a defendant admits that money is due from him on account of rent, but pleads that it is due not to the plaintiff but to a third person, the Court shall refuse to take cognisance of the plea unless the defendant pays into Court the amount so admitted to be duo.(2) Where such a payment is made, the Court shall forthwith cause notice of the payment to be served on the third person.(3) Unless the third person within three months from the receipt of the notice institutes a suit against the plaintiff and therein obtains an order restraining payment out of the money, it shall be paid out to the plaintiff on his application.(4 ) Nothing in this section shall affect the right of any person to recover from the plaintiff money paid to him under sub-section (3).150. Payment into Court of money admitted to be due to landlord. —When a defendant admits that money is due from him to the plaintiff on account of rent, but pleads that the amount claimed is in excess of the amount due, the Court shall refuse to take cognisance of the plea unless the defendant pays into Court the amount so admitted to be due.151. Provision as to payment of portion of money. — When a defendant is liable to pay money into Court under section 149 Or 150, if the Court thinks that there are sufficient reasons for so ordering, it may take cognisance of the defendant’s plea on his paying into Court such reasonable portion of the money as the Court directs.152. Court to grant receipt. — When a defendant pays money into Court under either of the said sections, the Court shall give the defendant a receipt, and the receipt so given shall operate as an acquittance in the same manner and to the same extent as if it had been given by the plaintiff or the third person, as the case may be.153. Appeals in rent suits. — An appeal shall not lie from any decree or order passed, whether in the first instance or on appeal, in any suit instituted by a landlord for the recovery of rent where—

(a) the decree or order is passed by a District Judge, Additional Judge or Subordinate Judge, and the amount claimed in the suit does not exceed one hundred rupees; or

(b) the decree or order is passed by any other judicial officer specially empowered by the High Court to exercise final jurisdiction under this section, and the amount claimed in the suit does not exceed fifty rupees;

unless in either case the decree or order has decided a question relating to title to land or to some interest in land as between parties having conflicting claims thereto, or a question of a right to enhance or vary the rent of a tenant, or a question of the amount of rent annually payable by a tenant :Provided that the District Judge may call for the record of any case in which a judicial officer as aforesaid has passed a decree or order to which this section applies, if it appears that the judicial officer has exercised a jurisdiction not vested in him by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of his jurisdiction illegally or with material irregularity; and may pass such order as the District Judge thinks fit.Explanation.— A question as to the regularity of the proceedings in publishing or conducting a sale in execution of a decree for arrears of rent is not a question relating to title to land or to some interest in land as between parties having conflicting claims thereto.153A. Deposit on application to set aside ex-parte decree. — Every application for an order under Rule 13 of Order IX in Schedule I to the Code of Civil Procedure, 1908 to set aside a decree passed ex parte, or for a review of judgment; under section 114 and Rule 1 of Order XLVII in Schedule I to the said Code, in a suit between a landlord and tenant as such, shall contain a statement of the injury sustained by the applicant by reason of the decree or judgment;and no such application shall be admitted—

(a) unless the applicant has, at or before the time when the application is admitted, deposited in the Court to which the application is presented the amount, if any, which he admits to be due from him to the decree-holder, or such amount as the Court may, for reasons to be recorded by it in writing, direct; or

(b) unless the Court, after considering the statement of injury is satisfied, for reasons to be recorded by it in writing that no such deposit is necessary.

  1. Date from which decree for enhancement takes effect.— A decree for enhancement of rent under this Act, if passed in a suit instituted in the first eight months of an agricultural year, shall ordinarily take effect on the commencement of the agricultural year next following; and, if passed in a suit instituted in the last four months of the agricultural year, shall ordinarily take effect on the commencement of the agricultural year next but one following; but nothing in this section shall prevent the Court from fixing, for special reasons, a later date from which any such decree shall take effect.155. Relief against forfeitures.— (1) A suit for the ejectment of a tenant, on the ground —

(a) that he has used the land in a manner which renders it unfit for the purposes of the tenancy, or

(b) that he has broken a condition on breach of which he is, under the terms of a contract between him and the landlord, liable to ejectment, shall not be entertained unless the landlord has served, in the prescribed manner, a notice on the tenant specifying the particular misuse or breach complained of, and, where the misuse or breach is capable of remedy, requiring the tenant to remedy the same, and, in any case, to pay reasonable compensation for the misuse or breach, and the tenant has failed to comply within a reasonable time with that request.

(2) A decree passed in favour of a landlord in any such suit shall declare the amount of compensation which would reasonably be payable to the plaintiff for the misuse or breach, and whether, in the opinion of the Court, the misuse or breach is capable of remedy, and shall fix a period during which it shall be open to the defendant to pay that amount to the plaintiff, and, where the misuse or breach is declared to be capable of remedy, to remedy the same.(3) The Court may, from time to time, for special reasons, extend a period fixed by it under sub-section (2).(4) If the defendant, within the period or extended period (as the case may be) fixed by the Court under this section, pays the compensation mentioned in the decree, and, where the misuse or breach is declared by the Court to be capable of remedy, remedies the misuse or breach to the satisfaction of the Court, the decree shall not be executed.156. Rights of ejected raiyats’ or under-raiyats’ in respect of crops and land prepared for sowing. — The following rules shall apply in the case of every raiyat or under-raiyat ejected from a holding—

(a) when the raiyat or under-raiyat has, before the date of his ejectment, sown or planted crops in any land comprised to the holding, he shall be entitled, at the option of the landlord, either to retain possession of that land and to use it for the purpose of tending and gathering in the crops, or to receive from the landlord the value of the crops as estimated by the Court executing the decree for ejectment;

(b) when the raiyat or under-raiyat has, before the date of his ejectment, prepared for sowing any land comprised in his holding, but has not sown or planted crops in that land, he shall be entitled to receive from the landlord the value of the labour and capital expended by him in so preparing the land, as estimated by the Court executing the decree for ejectment, together with reasonable interest on that value;

(c) but a raiyat or under-raiyat shall not be entitled to retain possession of any land or receive any sum in respect thereof under this section where, after the commencement of proceedings by the landlord for his ejectment, he has cultivated or prepared the land contrary to the local usage; and

(d) if the landlord elects under this section to allow a raiyat or under raiyat to retain possession of the land, the raiyat or under-raiyat shall pay to the landlord, for the use and occupation of the land during the period for which he is allowed to retain possession of the same, such rent as the Court executing the decree for ejectment may deem reasonable.

  1. Power for Court to fix fair rent as alternative to ejectment.— When a plaintiff institutes a suit for the ejectment of a trespasser he may, if he thinks fit, claim as alternative relief that the defendant be declared liable to pay for the land in his possession a fair and equitable rent to be determined by the Court, and the Court may grant such relief accordingly.158. Application to determine incidents of tenancy.— (1) Subject to the provisions of section 111, the Court having jurisdiction to determine a suit for the possession of land may, on the application of either the landlord or the tenant of the land, determine all or any of the following matters, (namely) :

(a) the situation, quantity and boundaries of the land;

(b) the name and description of the tenant hereof (if any);

(c) the class or classes to which he belongs, that is to say, whether he is a tenure-holder, raiyat holding at fixed rates, occupancy raiyat, non-occupancy-raiyat, or under-raiyat with or without a right of occupancy, and, if he is a tenure-holder, whether he is a permanent tenure-holder or not and whether his rent is liable to enhancement during the continuance of his tenure; and

(d) the rent payable by him at the time of the application.

(2) If, in the opinion of the Court, any of these matters cannot be satisfactorily determined without a local inquiry, the Court may direct that a local inquiry be held under Order 26 in Schedule I to, and section 78 of, the Code of Civil Procedure, 1908, by such Revenue-officer as the State Government may authorise in that behalf by rule made under Rule 9 of Order 26 in Schedule I to the said Code.(3) The order on any application under this section shall have the effect of, and be subject to the like appeal as, a decree.

CHAPTER XIIIA

Summary procedure for the recovery of rents under the Bengal Public Demands Recovery Act, 1913

  1. to 158AAA.—Repealed by section 33 of the Bengal Tenancy (Amendment) Act, 1938 (Bengal Act No. 6 of 1938).

CHAPTER XIV

Sale for Arrears under Decree

158B. Passing of tenure or holding sold in execution of decree or certificate.— Repealed by s. 99 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).159. General powers of purchaser as to avoidance of incumbrances.—(1) Where a tenure or holding is sold in execution of a decree for arrears due in respect thereof, the purchaser shall take subject to the interests defined in this Chapter as “protected interests”, but with power to annul the interests defined in this Chapter as “incumbrances” :Provided as follows :

(a) a registered and notified incumbrance within the meaning of this Chapter shall not be so annulled except in the case hereinafter mentioned in that behalf;

(b) the power to annul shall be exercisable only in manner by this Chapter directed.

(2) Notwithstanding anything contained in the Code of Civil Procedure, 1908, whenever a tenure or holding is sold in execution of a decree for arrears of rent and the sale is confirmed, the purchase shall take effect from the date of confirmation of the sale.

160. Protected interests. — The following shall be deemed to be protected interests within the meaning of this Chapter :—

(a) any under-tenure existing from the time of the Permanent Settlement;

(b) any under-tenure recognised by the settlement proceedings of any current temporary settlement as a tenure at a rent fixed for the period of that settlement;

(c) any lease of land whereon dwelling houses, manufactories or other permanent buildings have been erected, or permanent gardens, plantations, tanks, canals, places of worship or burning or burying grounds have been made;

(d) any right of occupancy;

(e) the right of a non-occupancy-raiyat to hold for five years at a rent fixed under Chapter VI by a Court, or under Chapter X by a Revenue-officer;

(f) any right conferred on an occupancy-raiyat to hold at a rent which was a fair and reasonable rent at the time the right was conferred;

(ff) the right of a raiyat at fixed rates to hold at a fixed rent or rate of rent which has not been changed during twenty years; and

(g) any right or interest which the landlord at whose instance the tenure or holding is sold, or his predecessor in title, has expressly and in writing given the tenant for the time being permission to create.

  1. Meaning of “incumbrance” and “registered and notified incumbrance”.— For the purposes of this Chapter—

(a) the term “incumbrance”, used with reference to a tenancy means any lien, sub-tenancy, easement or other right or interest created by the tenant on his tenure or holding or in limitation of his own interest therein, and not being a protected interest as defined in section 160;

(b) the term “registered and notified incumbrance”, used with reference to a tenure or holding sold or liable to sale in execution of a decree for an arrear of rent due in respect thereof, means an incumbrance created by a registered instrument, of which a copy has, not less than three months bet ire the accrual of the arrear, been served on the landlord in manner hereinafter provided;

(c) the terms “arrears” and “arrear of rent” shall be deemed to include interest decreed under section 67 or damages awarded in lieu of interest under sub-section (1) of section 68.

  1. Application for sale of tenure or holding.— When a decree has been passed for an arrear of rent due for a tenure or holding, and the decree-holder applies under Rule 11(2) of Order XXI in Schedule I to the Code of Civil Procedure, 1908, for the attachment and sale of the tenure or holding in execution of the decree, he shall produce a. statement showing thepargana, estate and village in which the land comprised in the tenure or holding is situate, the yearly rent payable for the same and the total amount recoverable under the decree.

163. Combined order of attachment and proclamation of sale to be issued.— (1) Notwithstanding anything contained in the Code of Civil Procedure, 1908, when the decree-holder makes the application mentioned in section 162, the Court, if it admits the application under Rule 17 of Order XXI in Schedule I to the said Code and orders execution of the decree as applied for, shall issue a combined order of attachment and proclamation in the prescribed form.(2) The proclamation shall, in addition to stating and specifying the particulars mentioned in Rule 66 of Order XXI in Schedule Ito the said Code, announce —

(a) in the case of a tenure or a holding of a raiyat holding at fixed rates, that the tenure or holding will first be put up to auction subject to the registered and notified incumbrances, and will be sold subject to those incumbrances if the sum bid is sufficient to liquidate the amount of the decree and costs, and that otherwise it will, if the decree-holder so desires, be sold on a subsequent day, of which due notice will be given, with power to annul all incumbrances; and

(b) in the case of an occupancy-holding not held at fixed rates, that the holding will be sold with power to annul all incumbrances.

(3) Notwithstanding anything contained in sub-rules (1) and (2) of Rule 67 of Order XXI in Schedule I to the said Code, the proclamation shall be published in the following manner :

(a) by beat of drum at some place on or adjacent to the land comprised in the tenure or holding ordered to be sold and by fixing up a copy thereof in a conspicuous place on such land,

(b) by affixing a copy thereof in a conspicuous place at the Court house of the issuing Court,

(c) by sending in the prescribed form by registered post to the judgment-debtor a concise statement of the order of attachment and proclamation at the time of the issue of the proclamation, and

(d) in such other manner as may be prescribed.

(4) Notwithstanding anything contained in Rule 68 of Order XXI in Schedule Ito the said Code, the sale shall not without the consent in writing of the judgment-debtor, take place until after the expiration of at least thirty days, calculated from the date on which the copy of the proclamation has been fixed up on the land comprised in the tenure or holding ordered to be sold.164. Sale of tenure or holding subject to registered and notified incumbrances, and effect thereof. — (I) When tenure or holding at fixed rates has been advertised for sale under section 163, it shall be put up to auction subject to registered and notified incumbrances; and, if the bidding reaches a sum sufficient to liquidate the amount of the decree and costs, including the costs of sale, the tenure or holding shall be sold subject to such incumbrances.(2) The purchaser at a sale under this section may, in manner provided by section 167, and not otherwise, annul any incumbrance upon the tenure or holding not being a registered and notified incumbrance.

165. Sale of tenure or holding ‘with power to avoid all incumbrances, and effect thereof. — (1) If the bidding for a tenure or a holding at fixed rates put up to auction under section 164 does not reach a sum sufficient to liquidate the amount of the decree and costs as aforesaid, and if the decree-holder thereupon desires that the tenure or holding be sold with power to avoid all incumbrances, the officer holding the sale shall adjourn the sale and make a fresh proclamation in accordance with the procedure provided in sub-section (3) of section 163, announcing that the tenure or holding will be put up to auction and sold with power to avoid all incumbrances upon a future day specified therein, not less than fifteen or more than thirty days from the date of the postponement; and upon that day the tenure or holding shall be put up to auction and sold with power to avoid all incumbrances.(2) The purchaser at a sale under this section may, in manner provided by section 167, and not otherwise, annul any incumbrance on the tenure or holding.

166. Sale of occupancy-holding with power to avoid all incumbrances, and effect thereof. — (1) When an occupancy holding not held at fixed rates has been advertised for sale under section 163, it shall be put up to auction and sold with power to avoid all incumbrances.(2) The purchaser at a sale under this section may, in manner provided section 167, and not otherwise, annul any incumbrance on the holding.

167. Procedure for annulling incumbrances under sections 164, 165 or 166.— (1) A purchaser having power to annul an incumbrance under sections 164, 165 or 166 or under the Bengal Public Demands Recovery Act, 1913, and desiring to annul the same, may, within one year from the date of the confirmation of the sale or the date on which he first has notice of the incumbrance, whichever is later, present to the Court which passed the decree or the Revenue-officer who made -the order, as the case may be, for sale of the property an application in writing, requesting him to serve on the incumbrancer a notice declaring that the incumbrance is annulled.(2) Every such application must be accompanied by such fee for the service of the notice as the Board of Revenue may fix in this behalf.(3) When an application for service of a notice is made in manner provided by this section, the Court or Revenue-officer, as the case may be, shall cause the notice to be served in compliance therewith, and the incumbrance shall be deemed to be annulled from the date on which it is so served.(4) When a tenure or holding is sold in execution of a decree or a certificate signed under the Bengal Public Demands Recovery Act, 1913, for arrears due in respect thereof, and there is on the tenure or holding a protected interest of the kind specified in section 160, clause (c) the purchaser may, if he has power under this Chapter or that Act to avoid all incumbrances, sue to enhance the rent of the land which is the subject of the protected interest. On proof that the land is held at a rent which was not at the time the lease was granted a fair rent, the Court may enhance the rent to such amount as appears to be fair and equitable.This sub-section shall not apply to land which has been held for a term exceeding twelve years at a fixed rent equal to the rent of good arable land.

168. Power to direct that occupancy-holding be dealt with under sections 159 to 167 as tenures.— (1) The State Government may, from time to time, by notification in the Official Gazette, direct that occupancy-holdings or any specified class of occupancy-holdings in any local area put up for sale in execution of a decree for an arrear of rent due on them shall, before being put up with power to avoid all incumbrances, be put up subject to registered and notified incumbrances, and may by like notification rescind any such direction.(2) While any such direction remains in force in respect of any local area, all occupancy-holdings, or, as the case may be, occupancy-holdings of the specified class in that local area, shall, for the purposes of sale under sections 159 to 167 of this Chapter, be treated in all respects as if they were tenures.

168A. Attachment and sale of tenure or holding for arrears of rent due thereon, and liability of purchasers thereof. — (1) Notwithstanding anything contained elsewhere in this Act, or in any other law, or in any contract—

(a) a decree for arrears of rent due in respect of a tenure or holding, whether having the effect of a rent decree or money decree, or a certificate for such arrears signed under the Bengal Public Demands Recovery Act, 1913, shall not be executed by the attachment and sale of any movable or immovable property other than the entire-tenure or holding to which the decree or certificate relates :

Provided that the provisions of this clause shall not apply if, in any manner other than by surrender of the tenure or holding, the term of the tenancy expires before an application is made for the execution of such a decree or certificate;

(b) the purchaser at a sale referred to in clause (a) shall be liable to pay to the decree-holder or certificate-holder the deficiency, if any, between the purchase price and the amount due under the decree or certificate together with the costs incurred in bringing the tenure or holding to sale and any rent which may have become payable to the decree-holder between the date of the institution of the suit and the date of the confirmation of the sale.

(2) In any proceeding pending on the date of the commencement of the Bengal Tenancy (Amendment) Act, 1940, in execution of a decree or certificate to which the provisions of sub-section (1) apply, if there has been attached any immovable property of the judgment-debtor other than the entire tenure or holding to which the decree or certificate relates, and if the property so attached has not been sold, the Court or Certificate-officer, as the case may be, shall, on the application of the judgment-debtor, direct that, on payment by the judgment-debtor, of the costs of the attachment, the property so attached shall be released.(3) A sale referred to in clause (a) of sub-section (1) shall not be confirmed until the purchaser has deposited with the Court or Certificate officer, as the case may be, the sum referred to in clause (b) of that sub-section.

169. Rules for disposal of the sale-proceeds. — (1) In disposing of the proceeds of a sale under this Chapter other than a sale in execution of a decree in a suit instituted under sub-section (1) of section 148A the following rules, instead of those contained in section 73 of the Code of Civil Procedure, 1908, shall be observed, that is to say :

(a) there shall first be paid to the decree-holder the costs incurred by him in bringing the tenure or holding to sale;

(b) there shall, in the next place, be paid to the decree-holder the amount due to him under the decree in execution of which the sale was made;

(c) if there remains a balance after these sums have been paid, there shall be paid to the decree-holder therefrom the costs of the application under this section and any rent which may have fallen due to him in respect of the tenure or holding between the institution of the suit and the date of the confirmation of the sale;

(d) the balance (if any) remaining after the payment of the rent mentioned in clause (c) shall, upon the expiration of two months from the confirmation of the sale, be paid to the judgment-debtor upon his application unless the Court for reasons to be recorded in writing otherwise directs.

(2) If the judgment-debtor disputes the decree-holder’s right to receive any sum on account of rent under clause (c), the Court shall determine the dispute, and the determination shall have the force of a decree.170. Tenure or holding to be released from attachment only on payment into Court of amount of decree, with costs, or on confession of satisfaction by decree-holder. — (1) Rules 58 to 63 (both inclusive) of Order XXI in Schedule I to the Code of Civil Procedure, 1908 shall not apply to a tenure or holding attached in execution of a decree for arrears due thereon.(2) When an order for the sale of a tenure or holding in execution of such a decree has been made, the tenure or holding shall not be released from attachment unless, before it is knocked down to the auction-purchaser, the amount of the decree, including the costs decreed, together with the costs incurred in order to the sale, is paid into Court, or the decree-holder makes an application for the release of the tenure or holding on the ground that the decree has been satisfied out of Court.(3) The judgment-debtor, or any person whose interests are affected by the sale, may pay money into Court under this section.(4) The withdrawal of the amount deposited under this section or section 174 by the decree-holder landlord shall not operate as an admission of the transferability of the tenure or holding sold in execution of the decree.171. Amount paid into Court to prevent sale to be in certain cases a mortgage-debt on the tenure or holding. — (1) When any person whose interests are affected by the sale of a tenure or holding advertised for sale under this Chapter or in execution of a certificate for arrears of rent due in respect thereof, signed under the Bengal Public Demands Recovery Act, 1913, pays into Court the amount requisite to prevent the sale,—

(a) the amount so paid by him shall be deemed to be a debt bearing interest at twelve per centum per annum and secured by a mortgage of the tenure or holding to him;

(b) his mortgage shall take priority of every other charge on the tenure or holding other than a charge for arrear of rent; and

(c) he shall be entitled to possession of the tenure or holding as mortgagee of the tenant, and to retain possession of it as such until the debt, with the interest due thereon, has been discharged.

(2) Nothing in this section shall affect any other remedy to which any such person would be entitled.

172. Inferior tenant paying into Court may deduct from rent. —When a tenure or holding is advertised for sale —

(a) under this Chapter, in execution of a decree against a superior tenant defaulting, or

(b) in execution of a certificate, signed under the Bengal Public Demands Recovery Act, 1913, for arrears of rent due in respect of the tenure or holding from a superior tenant defaulting, or when such sale is set aside under section 174—

and an inferior tenant pays money into Court in order to prevent or set aside the sale, as the case may be, such inferior tenant may, in addition to any other remedy provided for him by law, deduct the whole or any portion of the amount so paid from any rent payable by him to his immediate landlord; and that landlord, if he is not the defaulter, may, in like manner, deduct the amount so deducted from any rent payable by him to his immediate landlord, and so on until the defaulter is reached.173. Decree-holder may bid at sale; judgment-debtor may not. —(1) Notwithstanding anything contained in Rule 72 of Order XXI in Schedule I to the Code of Civil Procedure, 1908 the holder of a decree in execution of which a tenure or holding is sold under this Chapter may, without the permission of the Court, bid for or purchase the tenure or holding.(2) The judgment-debtor shall not bid for or purchase a tenure.or holding so sold.(3) When a judgment-debtor purchases by himself or through another person a tenure or holding so sold, the Court may, if it thinks fit, on the application of the decree-holder or any other person interested in the sale, by order and any deficiency of price which may happen on the resale, and all expenses attending it, shall be paid by the judgment-debtor.174. Application to set aside sale. — (1) Rules 89 and 90 of Order XXI in Schedule Ito the Code of Civil Procedure, 1908, shall not apply in cases where a tenure or holding has been sold for arrears of rent due thereon, but in such cases the judgment-debtor, or any person whose interests are affected by the sale, may, at any time within thirty days from the date of the sale apply to the Court to set aside the sale, on his depositing —

(a) for payment to the decree-holder, the amount recoverable under the decree up to the date when the deposit is made, with costs;

(b) for payment to the auction-purchaser, as penalty a sum equal to five percent of the purchase-money, but not less than one rupee.

(2) Where a person makes an application under sub-section (3) for setting aside the sale of his tenure or holding he shall not, unless he withdraws that application, be entitled to make or prosecute an application made under sub-section (1).(3) Where a tenure or holding has been sold for arrears of rent due thereon, the decree-holder, the judgment-debtor, or any person whose interests are affected by the sale, may, at any time within six months from the date of the sale, apply to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting the sale :Provided as follows:-

(a) no sale shall be set aside on any such ground unless the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud; and

(b) no application made by a judgment-debtor or any person whose interests are affected by the sale under this sub-section shall be allowed unless the applicant either deposits the amount recoverable from him in execution of the decree or satisfies the Court, for reasons to be recorded by it in writing, that no such deposit is necessary.

(4) Rule 91 of Order XXI in Schedule Ito the Code of Civil Procedure, 1908, shall not apply to any sale under this Chapter.(5) An appeal shall lie against an order setting aside of refusing to set aside a sale :Provided that where the Court has refused to set aside the sale on the application of the judgment-debtor or any person whose interests are affected by the sale and the amount recoverable in execution of the decree is not in deposit in Court, no such appeal shall be admitted unless the appellant deposit such amount in Court.174A. Sale when to become absolute or of be set aside, and return of purchase money in certain cases. — (1) Where no application is made under sub-section (1) of section 174 within thirty days from the date of sale or where such application is made and disallowed, the Court shall make an order confirming the sale and thereupon the sale shall become absolute.(2) Where such application is made and allowed, and where in the case of an application under sub-section (1) of section 174, the deposit required by that sub-section is made within thirty days from the date of sale, the Court shall make an order setting aside the sale :Provided that no order shall be made unless notice of the application has been given to all persons affected thereby.(3) Where a sale is set aside under this section, the purchaser shall be entitled to an order against any person to whom the purchase money has been paid for its repayment with or without interests as the Court may direct.(4) No suit to set aside an order made under this section shall be brought by any person against whom such order is made.(5) Notwithstanding anything contained in this section, an application may be made under sub-section (3) of section 174 to set aside the sale, and where such application is allowed the order made under sub-section (1) confirming the sale shall be deemed to be cancelled.

175. Registration of certain instruments creating incumbrances.– Repealed by s. 13 of the Bengal Tenancy (Amendment) Act, 1930 (Bengal Act No. 3 of 1930).176. Notification of incumbrances to landlord. — Every officer who has whether before or after the passing of this Act, registered an instrument executed by a tenant of a tenure or holding and creating an incumbrance on the tenure or holding, shall, at the request of the tenant or of the person in whose favour the incumbrance is created, and on payment by him of such fee as the State Government may fix in this behalf, notify the incumbrance to the landlord by causing a copy of the instrument to be served on him in the prescribed manner.177. Power to create incumbrances not extended. — Nothing contained in this Chapter shall be deemed to enable a person to create an incumbrance which he could not otherwise lawfully create.

CHAPTER XV

Contract and custom

  1. Restrictions on exclusion of Act by agreement.— (1) Nothing in any contract between a landlord and a tenant made before or after the passing of this Act —

(a) shall bar in perpetuity the acquisition of an occupancy-right in land, or

(b) shall take away an occupancy-right in existence at the date of contract, or

(c) shall entitle a landlord to eject a tenant otherwise than in accordance with the provisions of this Act, or

(d) shall take away or limit the right of a tenant, as provided by this Act, to make improvements and claim compensation for them, or

(e) shall entitle a landlord to recover as rent, from a tenant whose rent is a share, as opposed to a fixed quantity of produce, produce in excess of half the gross produce of the holding for the year which the rent is claimed, or

(f) shall take away or limit the rights of an under-raiyat as against his immediate landlord, as set forth in Chapter VII, or

(g) shall take away or limit the right of an occupancy-raiyat to transfer his holding or any share or portion thereof in accordance with the provisions of sections 26B to 26Q, or

(h) shall take away or limit the rights of occupancy-raiyats’ in trees on their holdings, as provided in section 23A, or

(i) shall affect the provisions of section 67 relating to interest payable on arrears of rent.

(2) Nothing in any contract made between a landlord and a tenant since the 15th day of July, 1880, and before the passing of this Act shall prevent a raiyat from acquiring in accordance with this Act an occupancy-right in land.(3) Nothing in any contract made between a landlord and a tenant after the passing of this Act shall —

(a) prevent a raiyat from acquiring in accordance with this Act, an occupancy-right in land;

(b) take away or limit the right of an occupancy-raiyat to use land as provided by section 23;

(c) take away the right of a raiyat or under-raiyat to surrender his holding in accordance with section 86;

(d) take away the right of an occupancy-raiyat to sub-let subject to and in accordance with the provisions of this Act;

(e) take away the right of a raiyat to apply for a reduction of rent under section 38 or section 52;

(g) Omitted

(h) Omitted

Provided as follows :—

(i) nothing in this section shall affect the terms or conditions of a lease granted bona fide for the reclamation of waste land, except that, where, on or after the expiration of the term created by the lease, the lessee would under Chapter V be entitled to an occupancy-right in the land comprised in the lease, nothing in the lease shall prevent him from acquiring that right;

(ii) when a landlord has reclaimed waste land by his own servants or hired labourers, and subsequently lets the same or a part thereof to a raiyat, nothing, in this Act shall affect the terms of any contract whereby a raiyat is prevented from acquiring an occupancy-right in the land or part during a period of thirty years from the date on which the land or part is first let to a raiyat;

(iii) nothing in this section shall affect the terms or conditions of any contract for the temporary cultivation of horticultural or orchard land with agricultural crops.

Explanation.— The expression “horticultural land”, as used in proviso (iii), means garden land in the occupation of a proprietor or permanent tenure-holder, which is used bona fide for the cultivation of flowers or vegetables, or both, grown for the personal use of such proprietor or permanent tenure-holder and his family, and not for profit or sale.

179. Permanent mukarrari leases. — Nothing in this Act shall be deemed to prevent a proprietor or a holder of a permanent tenure in a permanently settled area from granting a permanent mukarrari lease on any terms agreed on between him and his tenant :Provided that such proprietor or holder shall not be entitled to recover interest at a rate exceeding that set forth in section 67 or anything that is an abwab or the recovery of which is illegal under the provisions of section 74 or sub-section (3) of section 77.

180. Utbandi, chur and dearah lands. — (1) Notwithstanding anything in this Act, a raiyat

(a) who in any part of the country where the custom of utbandi prevails, holds land ordinarily let under that custom and for the time being let under that custom, or

(b) who holds land of the kind known as chur or dearah, shall not acquire a right of occupancy—

in case (a) in land ordinarily held under the custom of utbandi and for the time being held under that custom, or in case (b), in the chur or dearahland, until he has held the land in question for twelve continuous years and, until he, acquires a right of occupancy in the land, he shall be liable to pay such rent for his holding as may be agreed on between him and his landlord.(2) Chapter VI shall not apply to raiyats’ holding land under the custom of utbandi in respect of land held by them under that custom.(3) The Collector may, on the application of either the landlord or the tenant or on a reference from the Civil Court, or, after hearing both landlord and tenant, of his own motion declare that any land has ceased to be chur or dearah land within the meaning of this section, and thereupon all the provisions of this Act shall apply to the land.

180A. Fixing of uniform annual money rent in respect of utbandi lands.— (1) Notwithstanding anything contained in section 180, when araiyat who is or who but for the operation of section 180 in respect of land held under the custom of utbandi would have been, a settled raiyat of the village, holds or has held under the custom of utbandi, or under any form of tenancy locally known as utbandi land (hereinafter referred to asutbandi land), either the landlord or the raiyat may apply to have a uniform annual money rent determined for the land.(2) The application.shall include at the discretion of the applicant either —

(a) all utbandi lands held in the same village by the same raiyat under the same landlord in which the raiyat has required a right of occupancy whether under the provisions of section 180 or otherwise, or

(b) all the lands held in the same village under the same landlord by the raiyat which the raiyat, or any deceased person whose heir he is, has cultivated as utbandi land at any time during the preceding period of six years if he or the said deceased person is the last person to have cultivated the land and has not or had not acquired occupancy-rights therein, or

(c) both.

(3) Subject to the provisions of sub-section (2), a single application may be made by the landlord in respect of lands held as utbandi lands in the same village by one or more raiyats’ under him and a joint application may be made by two or more raiyats’ in respect of lands held by them asutbandi lands if the same village under the same landlord.(4) The application may be made to the Collector or to a Sub-divisional Officer or to a Revenue-officer appointed by the State Government under the designation of the Settlement Officer or Assistant Settlement Officer for the purpose of making a survey and record-of-rights under Chapter X or to any other officer specially authorised by the State Government.(5) The case may be determined by the officer who receives the application, or the Collector or the Settlement Officer may transfer it for disposal to some other officer competent under sub-section (4) to receive applications.(6) The officer receiving the application or the officer to whom the case is transferred, as the case may be, shall cause notice to be given in the prescribed manner to the opposite party, and shall fix a date for the determination of the case.If the immediate landlord or the raiyat is a temporary tenure-holder or ijaradar the officer receiving the application shall also give notice to the superior landlord in the lowest degree, who is a proprietor or permanent tenure-holder.(7) If the application is made in respect of lands in, which the raiyat has not acquired occupancy-rights, the officer may reject it in respect of such lands, if he is satisfied in view of all the circumstances of the case that it is unreasonable to grant it :Provided that a refusal shall be no bar to proceedings being again taken under this section after five years from the date of refusal if in the opinion of the officer who then receives the application the circumstances have in the meantime changed.(8) If the application is not rejected, the officer shall then determine the sum to be paid as a uniform annual money rent, and also in the case of lands in which the raiyat has not acquired occupancy-rights, a premium to be paid to the landlord, and he shall order that the raiyat shall, in lieu of paying the rent for the land as utbandi land, pay the sum so determined and the premium, if any :Provided that in any case in which an order fixing a uniform annual money rent is passed ex parte the opposite party may within one month of the date of such order or, when the notice has not been duly served, within one month of the date of his knowledge of such order apply to the officer by whom the order was passed for an order to set it aside and, if he satisfies the officer that the notice of the application under sub-section (1) was not duly served on him or that he was prevented by any sufficient cause from appearing when the case was determined, the officer shall set aside the order and shall appoint a day for the determination of the case. No order shall be set aside on application made under this proviso unless notice thereof has been served on the respondent thereto.(9) In making the determination of the sum to be paid as rent, the officer shall calculate the average of the amount that was actually paid or payable as rent for the land for the previous six years and shall ordinarily declare the same as the sum to be paid as rent :Provided that the officer may also take into consideration —

(a) the average money rent payable by occupancy-raiyats’ for land of a similar description and with similar advantages in the vicinity;

(b) the average rates for lands of a similar description and with similar advantages in the vicinity held as utbandi lands;

(c) the average money rent payable for lands of a similar description and with similar advantages in the vicinity by raiyats’ who formerly paid their rent for those lands as utbandi lands but whose rents have been converted into uniform annual money rents whether under this section or by agreement or otherwise;

(d) the charges incurred in accordance with custom by the landlord in respect of the irrigation and drainage of the utbandi lands and the arrangements made for continuing those charges;

(e) the rules laid down in this Act for the guidance of the Civil Courts in enhancing or reducing rents on account of the holdings of occupancy-raiyats’;

(f) any sum agreed to by the parties to be paid as money rent :

Provided that the officer shall in no case determine a rent which is unfair or inequitable.(10) The premium to be paid to the landlord in the case of lands in which the raiyat has not acquired occupancy-raiyats’ shall be three times the rent, or, if the application is made under clause (c) of sub-section (2), three times the portions of the rent determined under sub-section (8) on account of such lands.(11) If the immediate landlord of the raiyat is a temporary tenure-holder or ijaradar the officer shall apportion the premium payable under sub section (10) between the said temporary tenure-holder or ijaradar and his superior landlord of the lowest degree who is a proprietor or permanent tenure-holder in such manner as may appear fair and reasonable to the officer in view of all the circumstances of the case, and any sum so awarded to the said superior landlord shall be recoverable by him from the temporary tenure-holder or ijaradar or his successor-in-interest as an arrear of rent but shall not be recoverable by the superior landlord from the raiyat.(12) The order shall be in writing, shall state the grounds on which it is made, and shall, in the absence of any special reasons to the contrary recorded in writing, take effect from the beginning of the agricultural year next after the date on which it is made.(13) The officer shall fix the date (not being more than one month from the date of the order) by which the premium shall be paid or he may, on the application of the raiyat, order that the premium shall be paid by instalments not exceeding three in number, that the first instalment shall be paid at the beginning of the agricultural year in which the rent settled under sub-section (8) takes effect and that one of the remaining instalments shall be paid at the beginning of each of the succeeding agricultural years until the premium is paid in full.(14) The premium or any instalment thereof shall be recoverable as rent, and interest shall not be payable on any instalment in respect of which default has not been made.(15) Any order made under this section shall be subject to appeal in the manner provided in section 115C, unless the Part II of Chapter X, in which case the provisions of sections 104G and 104H shall apply.(16) An application made under sub-section (1) may be amended if it appears at any time to the officer prior to the issue of the order under sub section (7) or sub-section (8) or to the appellate or re-visional Court that it does not comply with the provisions of sub-section (2) but that it can be brought into conformity with that sub-section. Such amendment may be made either on the initiative of the parties or either of them or of the officer or Court but it shall not be made unless prior notice thereof is given to the parties, and, if such amendment is made, it shall be made only on such terms or conditions as to such officer or Court shall appear to be just.(17) Notwithstanding anything contained elsewhere in this Act or in any other law, no suit shall be brought or application made in any Court in respect of any order passed under this section, save as is provided in this section.

180B. Lands in respect of which a uniform annual money rent has been fixed under section 180A to cease to be utbandi lands. — Whenever an order under section 180A is passed determining a uniform annual money rent for any lands, such lands shall cease to be held asutbandi lands with effect from the date from which the new rent takes effect, and the tenant shall hold them as an occupancy-raiyat from the date of the order.

180C. Period for which rent fixed under section 180A to remain unaltered. — (1) Where a uniform annual money rent has been fixed under section 180A, the said rent shall not, except on the ground of a landlord’s improvement or of a subsequent alteration of the area of the holding, be enhanced for fifteen years; nor shall it be reduced for fifteen years, save on the ground of alteration in the area of the holding, or on the ground specified in clause (a) of sub-section (1) of section 38.(2) The said period of fifteen years shall be counted from the date on which the order takes effect under sub-section (12) of section 180A.

181. Saving as to service tenures. — Nothing in this Act shall affect any incident of a ghatwali or other service-tenure, or, in particular, shall confer a right to transfer or bequeath a service-tenure which, before the passing of this Act, was not capable of being transferred or bequeathed.

182. Homesteads.— When a raiyat or an under-raiyat holds his homestead otherwise than as part of his holding within the same village or any village contiguous to that village, his status in respect of his homestead shall be that of a raiyat or an under-raiyat according to the status of the landlord of the homestead, and the incidents of his tenancy of such homestead shall be governed by the provisions of this Act applicable toraiyats’ or under-raiyats’, as the case may be.183. Saving of custom. — Nothing in this Act shall affect any custom, usage or customary right not inconsistent with, or not expressly or by necessary implication modified or abolished by, its provisions.

CHAPTER XVI

Limitation

  1. Limitation in suits, appeals and applications in Schedule III.— (1) The suits, appeals and applications specified in Schedule III annexed to this Act shall be instituted and made within the time prescribed in that Schedule for them, respectively; and every such suit or appeal instituted, and application made, after the period of limitation so provided, shall be dismissed, although limitation has not been pleaded.(2) Nothing in this section shall revive the right to institute any suit or . appeal or make any application which would have been barred by limitation if it had been instituted or made immediately before the commencement of this Act.

185. Portions of the Indian Limitation Act not applicable to such suits, etc., mentioned in Schedule III.— Sections 6, 7, 8 and 9 and subsection (2) of section 29 of the Indian Limitation Act, 1908, shall not and, subject to the provisions of this Chapter, the remaining provisions of that Act, shall apply to all suits, appeals and applications specified in Schedule III annexed to this Act.

CHAPTER XVII

Supplemental

Penalties

  1. Penalties for illegal interference with produce.— (1) If any person, otherwise than in accordance with this Act or some other enactment for the time being in force,—

(a) distrains or attempts to distrain the produce of a tenant’s holding, or

(b) Omitted

(c) except with the authority or consent of the tenant, prevents or attempts to prevent the reaping, gathering, storing, removing, or otherwise dealing with any produce of a holding, he shall be deemed to have committed criminal trespass within the meaning of the Indian Penal Code.

(2) Any person who abets within the meaning of the Indian Penal Code the doing of any act mentioned in sub-section (1), shall be deemed to have abetted the commission of criminal trespass within the meaning of that Code.

Damages for denial of landlord’s title

186A. Damages for denial of landlord’s title. — (1) When, in any suit between a landlord and tenant as such, the tenant renounces his character as tenant of the landlord by setting up without reasonable or probable cause title in a third person or himself, the Court may pass a decree in favour of the , landlord for such amount of damages, not exceeding ten times the amount of the annual rent payable by the tenant, as ‘it may consider to be just.(2) The amount of damages decreed under sub-section (1), together with any interest accruing due thereon, shall, subject to the landlord’s charge for rent, be a first charge on the tenure or holding of the tenant; and the landlord may execute such decree for damages and interest, either as a decree for a sum of money, or in any of the modes in which a decree for rent may be executed.

Agents and representatives of landlords

  1. Power for landlord to act through agent.— (1) Any appearance application or act, in, before or to any Court or authority, required or authorised by this Act to be made or done by a landlord, may, unless the Court or authority otherwise directs, be made or done also by an agent empowered in this behalf by a written authority under the hand of the landlord.(2) Every notice required by this Act to be served on, or given to, a landlord shall, if served on, or given to, an agent empowered as aforesaid to, accept service of or receive the same on behalf of the landlord, be as effectual for the purposes of this Act as if it had been served on, or given to, the landlord in person.(3) Every document required by this Act to be signed or certified by a landlord, except an instrument appointing or authorising an agent, may be signed or certified by an agent of the landlord authorised in writing in that behalf.

188. Action to be taken collectively by co-sharer landlord or by their common agents except in certain cases.— (1) Subject to the provisions of section 148A, where two or more persons are co-sharer landlords, anything which the landlord is under this Act required or authorised to do must be done either by both or all those persons acting together or by an agent authorised to act on behalf of both or all of them :Provided that one or more co-sharer landlords, if all the other co-sharer landlords are made parties defendant to the suit or proceeding in manner provided in sub-sections (1) and (2) of section 148A and are given the opportunity of joining in the suit or proceeding as co-plaintiffs or co-applicants, may —

(i) Omitted

(ii) bring a suit for enhancement of the rent of a tenure under section 7 or of a holding under section 30, or for alteration of rent on account of alteration in area under section 52,

(iii) bring a suit for ejectment of a tenant on the grounds specified in section 10, clause (b) of section 18, section 25, or clause (a), clause (b), or clause (c) of section 44, or in accordance with the provisions of section 48C or section 66,

(iv) make application as regards improvements under sections 78, 80 and 81,

(v) apply for measurement under sections 90 and 91,

(vi) file an application under section 105,

(vii) bring a suit under section 106,

(viii) apply for record of private lands under section 118,

(ix) apply for the determination of the incidents of a tenancy under section 158,

(x) apply to the Collector for a declaration under sub-section (3) of section 180.

(2) Any decree passed or order made in a suit or proceeding in which the conditions set forth in sub-section (1) of this section have been complied with, shall have the effect of a decree passed or order made, on the application of the sole landlord or the whole body of landlords, arid shall take effect as regards the whole tenure or holding, as the case may be :Provided that where a suit is brought under section 7 or section 30 for enhancement of rent, or under section 52 for alteration of rent, or where an application is made under section 105 by a co-sharer landlord for settlement of rent, the Court or Revenue-officer, as the case may be, when the rent has been fixed or settled shall distribute any amount by which the rent has been increased or reduced between the co-sharer landlords of the tenancy in proportion to their respective shares in such tenancy whether they have or whether they have not jointed as plaintiffs or applicants, and such distribution shall be binding on all the co-sharer landlords as if they had all sued or applied for the same, and for the purposes of any appeal, application or suit in regard to such distribution they shall be deemed to have sued or applied under sub-section (1) of this section together with co-sharer plaintiff or applicant.

188A. Procedure in suits by joint landlords. — Repealed by s. 120 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

Rules under Act

  1. Power to make rules regarding procedure, powers of officers and service of notices.— The State Government may, from time to time, by notification in theOfficial Gazette, make rules consistent with this Act—(1) to regulate the procedure to be followed by Revenue-officers in the discharge of any duty imposed upon them by or under this Act, and may by such rules confer upon any such officer—

(a) any power exercised by a Civil Court in the trial of suits;

(b) power to enter upon any land, and to survey, demarcate and make a map of the same, and any power exercisable by an officer under the Bengal Survey Act, 1875; and

(c) power to cut and thresh the crops on any land and weigh the produce, with a view to estimating the capabilities of soil; and

(2) to prescribe the forms to be used, and the mode of service of notices issued, under this Act, where no form or mode is provided in this or any other Act;(3) Omitted(4) to prescribe the authority by whom the fees deposited under sections 12, 13, 15, 17 and 18, may be declared to be forfeited; and the mode in which such fees, when so forfeited, shall be dealt with; and(5) to provide for all or any of the following matters, namely :

(a) the manner of publication of —

(i) notifications under sub-section (3) of section 1;

(ii) price lists under sub-section (3) of section 39;

(iii) notices under sub-section (2) of section 87;

(iv) the draft record-of-rights under sub-section (1) of section 103A;

(v) the record-of-rights under sub-section (2) of section 103A;

(vi) tables of rates under sub-section (2) of section 104B;

(vii) the draft settlement rent-roll under sub-section (1) of section 104E;

(viii) proclamation under clause (d) of sub-section (3) of section 163; and

(ix) the rules made by authorities other than the State Government or the High Court under sub-section (2) of section 190;

(b) Omitted

(c) the amount of fees

(i) for processes referred to in sub-section (2) of section 12, in sub sections (1), (2), (3), (4) and (5) of section 26C, in sub-section (6) of section 26G, in sub-section (2) of section 85A and in sub-section (2) of section 88;

(ii) for service of notice referred to in sub-section (1) of section 13; and

(iii) referred to in sub-section (2) of section 61 and in sub-section (6) of section 88;

(cc) the manner of filing the notices referred to in sub-section (2) of section 12, in sub-section (1) of section 13, and in sub sections (1), (2), (3) and (4) of section 26C;

(d) the amount of the cost of transmission of fees or other monies;

(e) the manner of payment or tender of rent by postal money-order;

(f) the manner of verification of application under sub-section (2) of section 80;

(g) the information to be contained in the applications referred to in sub-section (2) of section 80;

(h) the form of the register referred to in clause (a) of sub-section (2) of section 99A and the particulars to be therein entered;

(i) the manner of making a survey and preparing a record-of rights under sub-section (4) of section 101;

(j) the particulars referred to in the proviso to clause (j) of section 102;

(k) the period of publication of the draft record-of-rights under sub-section (1) of section 103A and of the draft settlement rent-roll under sub-section (1) of section 104E;

(l) the manner in which objections shall be considered and disposed of under sub-section (2) of section 103A;

(m) the empowering of the “confirming authority” referred to in sub-section (4) of section 104B;

(n) the superior Revenue authority referred to in section 104G;

(o) the stamp to be borne by applications under sub-section (1) or sub-section (2) of section 105;

(p) Omitted

(q) any other matter required or permitted under this Act to be prescribed.

  1. Procedure for making publication and confirmation of rules.— (1) Every authority having power to make rules under any section of this Act shall before making the rules, publish a draft of the proposed rules for the information of persons likely to be affected thereby.(2) The publication shall be made, in the case of rules made by the State Government or High Court in such manner as may in its opinion be sufficient for giving information to person interested, and, in the case of rules made by any other authority, in the prescribed manner :Provided that every such draft shall be published in theOfficial Gazette.(3) There shall be published with the draft a notice specifying a date of publication, at or after which the draft will be taken into consideration.(4) The authority shall receive and consider any objection or suggestion which may be made by any person with respect to the draft before the date so specified.(5) The publication in theOfficial Gazette of a rule purporting to be made under this Act shall be conclusive evidence that it has been duly made.(6) All rules made under this Act may, from time to time, subject to the sanction (if any) required, for making them, be amended, added to or cancelled by the authority having power to make the same.

Provisions as to temporarily-settled districts

  1. Settlement of rent of land held in a district not permanently settled.— Where the area comprised in a tenure or holding is situate in an estate not subject to a subsisting permanent settlement and when,

(a) land-revenue is for the first time made payable in respect of the land, or

(b) land-revenue having been previously payable in respect of it, a fresh settlement of land-revenue is made, nothing in this Act or in any lease or contract made after the passing of the Bengal Tenancy Act, 1885, shall entitle any tenant to hold his tenancy free of rent or at a particular rent, unless in the case of a fresh settlement made under clause (b) the right so to hold beyond the term of the previous settlement has been expressly recognised at the previous settlement by a Revenue authority empowered by the State Government to make definitively or confirm settlements, and the Revenue-officer may, notwithstanding anything in the contract between the parties by order, on the application of the landlord or of the tenant or of his own motion fix a fair and equitable rent for all grades of tenants in accordance with the principles laid down in sections 6, 7, 8, 9, 27 to 36, 38, 39, 43, 50 to 52 and 180 :

Provided that, notwithstanding anything contained in sub-section (3) of section 7 he may divide the minimum profit of ten per centum provided for in that sub-section among two or more grades of tenure-holders if such exist.

192. Power to alter rent in case of new assessment of revenue. — Amalgamated with section 191 by section 122 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

Rights of pasturage, etc.

  1. Rights of pasturage, forest-rights, etc.— The provisions of this Act applicable to suits for the Rights of recovery of arrears of rent shall, as far as may be, apply to suits for the recovery of anything payable or deliverable in respect of any rights of pasturage, forest-rights, rights over fisheries and the like.

Saving for conditions binding on landlords

  1. Tenant not enabled by Act to violate conditions binding on landlord.— Where a proprietor or permanent tenure-holder holds his estate or tenure subject to the observance of any specified rule or condition, nothing in this Act shall entitle any person occupying land within the estate or tenure to do any act which involves a violation of that rule or condition :Provided that this section shall not apply to araiyat or an under-raiyat doing any act in exercise of the rights conferred by this Act upon raiyats’ or under-raiyats’, as the case may be.

Saving for special enactments

  1. Savings for special enactments.— Nothing in this Act shall affect —

(a) the powers and duties of Settlement-officers as defined by any law not expressly repealed by this Act;

(b) any enactment regulating the procedure for the realisation of rents in estates belonging to the Government, or under the management of the Court of Wards or of the Revenue authorities;

(c) any enactment relating to the avoidance of tenancies and incumbrances by a sale for arrears of the Government revenue;

(d) any enactment relating to the partition of revenue paying estates;

(e) any enactment relating to patni-tenures in so far as it relates to those tenures, except that —

(i) the provisions of section 67 and clause (i) of sub-section (1) of section 178 shall apply to all patni-tenures, and

(ii) the expression “Khtulkast raiyat or resident and hereditary cultivator” in sub-section (3) of section 1 I of the Bengal Patni TaluksRegulation, 1819, shall be deemed to include all raiyats’ having a right of occupancy; or

(f) any other special or local law not repealed either expressly or by necessary implication by this Act.

Protection for certain acts

195A. Protection in certain cases for acts done. — No suit or other proceeding shall be instituted against the Government or against any officer of the Government in respect of anything done by the registering officer, the Collector or the Court in regard to the receiving, distribution or payment of the landlord’s fee or the landlord’s transfer fee :Provided that nothing in this section shall prevent any person entitled to receive the amount of any such landlord’s fee or landlord’s transfer fee or any portion thereof from recovering the same from a person to whom it has been paid by the Collector or the Court.196. Act to be read subject to Acts hereafter passed by Lieutenant-Governor of Bengal in Council. — Repealed by section 125 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

Schedule I

Repeal of Enactments

(See section 2)

Regulations of the Bengal Code

Number and years Subject of Regulation Extent of repel
[VIII of 1793] A Regulation for reenacting with modifications, and amendment the rules for the Decennial Settlement of the Public Revenue payable from the lands of the Zamidars, independent talukdarsand other actual proprietors of land in Bengal, Bihar and Orissa, passed for those Provinces respectively on the 18th September, 1789, the 25thNovember, 1789, and the 10th February, 1790 and subsequent dates. Sections 51, 52, 53, 54, 55, 64 and 65
[XII of 1805] A Regulation for the Settlement and collection of the Public Revenue in the zilla of Cuttak, including the parganas of Pataspur, Kamardachor and Bhograi, at present included in the zilla of Midnapore. Section 7.
[V of 1812] A Regulation for amending some of the rules at present in force for the collection of the land revenue. Section 2, 3, 4, 26 and 27.
[XVII] A Regulation for explaining section 2 , Regulation V, 1812 and rescinding sections 3 and 4 , Regulation XLIV 1793 and enacting other rule in lieu thereof. The preamble and section 2 and 3.
[XI of 1825] A Regulation for declaring the rules to be observed in determining claims to lands gained by alluvion by dereliction of a river or the sea. In Clause (1) of section 4, from including the words “Nor if annexed to a subordinate tenure” to the end of the clause.
Acts of the Bengal Council
[VI of 1862] An Act to amend Act No. 10 of 1859 (to amend the law relating to the recovery of rent in the Presidency of Fort William in Bengal). The whole Act.
[IV of 1867] An Act to explain and amend Act No. 6 of 1862, passed by the Lieutenant-Governor of Bengal in Council, and to give validity to certain judgments. The whole Act.
[VIII of 1869] An Act to amend the Procedure in suits between landlords and tenants. The whole Act
[VIII of 1879] An Act to define and limit the power of Settlement- officers. The whole Act
Act of the Governor General-in-Council
[X of 1859] An Act to amend the law relating to the recovery of tent in the Presidency of Fort William in Bengal The whole Act.

Schedule II

Particulars of receipt Particulars of receipt

(See section 56 and 57)

Particulars of receipt (Landlord’s portion) Particulars of receipt(Tenant’s portion)
1. Serial number of receipt. Serial number of receipt.
2. Name of village, pragana, thana. Name of village, pragana, thana.
3. (a) Name of the estate and tauzi number to which the land appertains, and

(b) (If the landlords are not the proprietors) name, if any, of the tenure or holding, of the landlord.

(a) Name of the estate and tauzi number to which the land appertains, and

(b) (If the landlords are not the proprietors) name, if any, of the tenure or holding, of the landlord.

4. Name or names of the landlord or landlords and the nature of their interest. Name or names of the landlord or landlords and the nature of their interest.
5. Tenant’s name. Tenant’s name.
6. Particulars of the tenure or holding for which rent is paid,—

(a) Serial number of the landlord’s rent-roll, and if a record-of-rights has been prepared, serial number of the tenancy in it.

(b) Area.

(c) Annual rent (cash or fixed quantity of produce or both as the case may be).

(d) Annual road and public works cesses.

(e) Jalkar, bankar and phalkar.

Particulars of the tenure or holding for which rent is paid,—

(a) Serial number of the landlord’s rent-roll, and if a record-of-rights has been prepared, serial number of the tenancy in it.

(b) Area.

(c) Annual rent (cash or fixed quantity of produce or both as the case may be).

(d) Annual road and public works cesses.

(e) Jalkar, bankar and phalkar.

7. Amount paid, specifying for which of the items (c), (d) and (e) and for which year and kist. Amount paid, specifying for which of the items (c), (d) and (e) and for which year and kist.
8. Date of payment. Date of payment.
9. Signature of landlord or his authorised agent. Signature of landlord or his authorised agent.
Particulars of statement of account (Landlord’sportion) Particular of statement of account (Tenant’s portion)
1. Serial number of receipt Serial number of receipt
2. Name of village, pargana, thana. Name of village, pargana, thana.
3. (a) Name of the estate and tauzi number to which the land appertains, and

(b) (If the landlords are not the proprietors) name, if any, of the tenure or holding, of the landlord.

(a) Name of the estate and tauzi number to which the land appertains, and

(b) (If the landlords are not the proprietors) name, if any, of the tenure or holding, of the landlord.

4. Name or names of the landlord or landlords and the nature of their interest. Name or names of the landlord or landlords and the nature of their interest.
5. Tenant’s name. Tenant’s name.
6. Particulars of the tenure or holding for which rent is paid,—

(a) Serial number of the landlord’s rent-roll, and if a record-of-rights has been prepared, serial number of the tenancy in it.

(b) Area.

(c) Annual rent (cash or fixed quantity of produce or both as the case may be).

(d) Annual road and public works cesses.

(e) Jalkar, bankar and phalkar.

Particulars of the tenure or holding for which rent is paid,—

(a) Serial number of the landlord’s rent-roll, and if a record-of-rights has been prepared, serial number of the tenancy in it.

(b) Area.

(c) Annual rent (cash or fixed quantity of produce or both as the case may be).

(d) Annual road and public works cesses.

(e) Jalkar, bankar and phalkar.

7. Amounts due at the beginning of the year :-

(a) under each of the items (c), (d) and (e) and for which years; and

(b) as interest on above.

Amounts due at the beginning of the year :-

(a) under each of the items (c), (d) and (e) and for which years; and

(b) as interest on above.

8. Amounts paid during the year against each of the above dues, with dates of payment and serial number of the rent. Amounts paid during the year against each of the above dues, with dates of payment and serial number of the rent.
9. Amounts remaining due at the end of the year. Amounts remaining due at the end of the year.
10. Date of the statement of account. Date of the statement of account.
11. Signature of landlord or his authorised agent. Signature of landlord or his authorised agent.

Schedule III

Limitation

(See section 184)

PART I — Suits

Description of suit Period of limitation Time from which period begins to run
1 To eject any tenure-holder, raiyat or under-raiyat on account of any breach of a condition in respect of which there is a contract expressly providing that ejectment shall be the penalty of such breach. One year The date of the breach.
1(a). To eject a non-occupancy-raiyat or under-raiyat on the ground of the expiration of the term of his lease. Six months The expiration of the term.
2 For the recovery of an arrear of rent in a suit brought by —
(i) a sole landlord,
(ii) the entire body of landlords, or,
(iii) one or more co-sharer landlords—
(a) when the arrear fell due before a deposit was made under section 61 on account of the rent of the same tenure or holding, Six month The date of the service of notice of the deposit or presentation of the postal money-order, as the case may be.
(b) in other cases Six month The last day of the agricultural year in which the arrear fell due.
3 To recover possession of land claimed by the plaintiff as a raiyat or an under-raiyat. Two years The date of dispossession.

Part II — Appeals

Description of suit Period of limitation Time from which period begins to run
4 From any decree or order under this Act, to the Court of a District Judge or Special Judge. Thirty days The date of the decree of order appealed against.
5 From any order of a Collector under this Act, to the Commissioner. Thirty days The date of the order appealed against.

Part III – Applicants

Description of suit Period of limitation Time from which period begins to run
6 For the execution of a decree or order made in a suit between landlord and tenant to whom the provisions of this Act are applicable, and not being a decree for a sum of money exceeding Rs. 500. exclusive of any interest which may have accrued after decree upon the sum decreed, but inclusive of the costs of executing such decree; except where the judgment-debtor has by fraud or force prevented the execution of the decree, in which case the period of limitation shall be governed by the provisions of the Indian Limitation Act, 1908 :

Provided that, where a sale in execution of arrears of rent is set aside on application, the proceedings in execution shall continue and the time between the date of such sale and the. date of the order setting it aside shall be excluded from the period of limitation provided by this Article.

Three days

(1) The date of the decree or order; or

(2) where there has been an appeal, the date of final decree or order of the Appellate Court: or

(3) where there has been a review of judgement, the date of the decision passed on the review.

 

Bengal Survey Act, 1875.

Bengal Act 5 of 1875

[6th October, 1875]

An Act to provide for the survey and demarcation of land.Whereas it is expedient, with a view to the definition and identification of lands, the better security of landed property and the prevention of encroachments and disputes, to provide for the survey of lands and for the establishment and maintenance of marks to distinguish boundaries ;

It is hereby enacted as follows :-

Part I

Preliminary

1. Short title. – This Act may be called the Bengal Survey Act, 1875.[Commencement]. – Repealed by section 4 and the Third Schedule of the Amending Act, 1903 (1 of 1903).It extends to [the States of West Bengal and Bihar and that part of the State of Orissa which on the sixth day of October, 1875, was subject to the Lieutenant-Governor of Bengal].

2. Interpretation clause. – In this Act, unless there be something repugnant in the subject or context, -“Collector” means every Collector of a district, and includes every officer either generally or specially vested with the powers of a Collector for the purposes of this Act;”Deputy Collector” includes any Deputy Collector to whom the Collector or Superintendent or Survey may delegate any of his functions under, this Act;”estate” means -any land which is entered on the revenue-roll as separately assessed with the public revenue ;any land acquired from the [Government] under one title, which is liable to pay land-revenue at any future time; any char or island thrown up in a navigable river or in the sea which under the laws in force is at the disposal of the [Government];any land which is entered on the Collector’s registers as a separate holding, free in perpetuity from liability to pay land-revenue; any land gained by alluvion or by dereliction of a river or of the sea to any estate as here defined, which under the laws in force, is considered an increment to the tenure to which such land has accreted, shall be deemed a part of such estate;”mauza” includes every village, hamlet, tola and similar sub-division of an estate, pargana or village by whatever name such sub-division may be known;”occupant” includes every zamindar, tenure-holder, farmer and other person entitled to receive rents in respect of land or holding land on a claim that he is so entitled, and every raiyat in occupation of land ;”section” means a section of this Act;”survey” includes identification of boundaries, and all other operations antecedent to and connected with survey;”tenure” includes all permanent interests in land, with the exception of estates as above defined, and with the exception of those of raiyats having a right of occupancy only; it also includes all ghatwali holdings;”tenure-holder” means all or any of the holders of a tenure;”zamindar” means all or any of the holders of an estate.

Part II

Of The Survey

3. State Government may order survey. – The [State Government] may, whenever [it] shall think fit, order that a survey shall be made of the land situated in any district or in any part of a district or in any specified tract of country, and that the boundaries of estates, tenures, mauzas or fields be demarcated on the lands so to be surved:Provided that, in any district of which any survey may have been completed and approved by the [State Government], it shall not be lawful for the[State Government] to order a new survey of lands on the banks of rivers or on the sea-shore to be made for the purposes described in [the Bengal Alluvion and Diluvion Act, 1847,] until ten years shall have expired from the completion and approval of any such previous survey.

4. State Government may appoint Superintendent of Survey. – For the purpose of carrying out any survey directed to be made under the last preceding section, or for any or all of the purposes of this Act,the [State Government] may appoint a Superintendent of Survey, who may exercise all or any of the powers of a Collector under this Act;and may appoint one or more Assistant Superintendents and Deputy Collectors, who shall exercise all the powers of a Collector in respect to such matters under this Act as may be delegated to such Assistant Superintendents or Deputy Collectors respectively by the Collector or Superintendent of Survey, and not otherwise:Provided that, notwithstanding the appointment of a Superintendent of Survey for any tract of country, it shall be competent to the Board of Revenue to direct that the Collector shall perform any duties under the Act within the said tract.

5. Collector to publish proclamation before entering on lands. – Before entering on any lands for the purpose of a survey the Collector shall cause to be published a proclamation addressed to the occupants of the lands which are about to be surveyed and of the conterminous lands, and to all persons employed on or connected with the management of, or otherwise interested in, such lands, calling upon them to attend, either personally or by agent, before the Collector or any officer authorized by the Collector in that behalf, at such places and at such times as shall be stated in such proclamation, during the demarcation and survey of the land, for the purpose of pointing out the boundaries and of rendering such aid as may be necessary in setting up or repairing such boundary-marks as may be required, and of affording such assistance and information as may be needed for the purposes of this Act.Such proclamation shall be published by posting a copy thereof -at the Court of the Judge and at the office of the Collector of every district within which any portion of the lands about to be surveyed may be known to be situated;at every subdivisional office, police-station, Munsifs Court and sub-registrar’s office within the jurisdiction of which any portion of the land about to be surveyed may be known to be situated;at one or more mal-cutcheries on each estate;and at such other place or places as to the Collector may seem fit.

6. Collector may enter upon land. – After issue of a proclamation as aforesaid, the Collector and any person acting under his authority may enter upon such lands, and do all things and make all inquires necessary for effecting the survey and demarcation of the boundaries thereof.

7. Collector may serve special notice. – The Collector may also, by a special notice, require any such person to attend before him, or before any person authorized by the Collector in that behalf, within a specified time, which shall not be less than fifteen days after the service of the notice, at any places, for any of the purposes aforesaid; and every person on whom such special notice may be served shall be legally bound to attend as required by the notice, and to do any of the things mentioned in section 5, and to give any information which may be required, so far as he may be able to give it.

8. Collector to pay price of materials or labour supplied. – When any materials or labour shall have been supplied for any of the purposes mentioned in section 5, the Collector or other officer making a requisition under that section shall forthwith cause the price of such materials or labour to be paid to the person by whom the same were supplied.

9. Collector may require occupants to clear boundary lines. – The Collector or other survey-officer authorized by the Collector in that behalf may, by a special notice, require any occupant to clear any boundary or other line which it may be necessary to clear for the purposes of the survey, by cutting down and removing any trees, jungle, fences or standing crops.

10. Compensation. – If any demand for compensation be made in respect of the clearance of any line in accordance with a requisition under the last preceding section, the Collector shall ascertain and record the nature and estimated value of any trees, jungle, fences or standing crops which may have been cut down or removed, and shall offer adequate compensation to the owners thereof, together with, payment for all expenses incurred in carrying out the said requisition.

11. Amin or survey-officer to call upon persons to sign maps or papers. – When the demarcation of a village or other convenient tract has been completed, the amin or other survey-officer shall, before sending in to the Collector the maps and papers relating thereto,by a general notice, in which the names of all persons required to appear shall be specified and which shall be posted up at a convenient place in the village or tract,call upon all persons who have pointed out any boundaries in such village or tract on behalf of those interested to attend before him within three days of the publication of the said notice for the purpose of inspecting the maps field books and similar papers in which any boundary pointed out by any such person has been represented, and, by signing such maps and papers, to certify that the boundaries have been laid down in accordance with the boundaries pointed out by them;and every person so called upon shall be legally bound to attend before such amin or survey-officer, and to inspect the papers, in accordance with such requisition.

Any person so-called upon who may object to sign the maps and papers as aforesaid shall be required to state his objections in writing, and such statement shall be attached to the record of the demarcation of the village or tract, and shall be submitted to the Collector together with the maps and papers.The signature affixed to any maps or papers under this section shall be in attestation of the fact that the boundaries thereon represented or any of them have been represented in accordance with those pointed out by the person signing; and the affixing of such signature shall not be held to prejudice the right of any person interested to make any objection to such boundaries on any other ground before the Collector under the next succeeding section.

12. On receipt of maps, Collector to post notification in office. – On receipt in the Collector’s office of the maps or papers showing any boundaries which have been demarcated, the Collector shall cause a notification to be posted in his office, and in such other places as he may think proper, informing all persons concerned that the maps and papers relating to the boundaries in the village or tract specified are open to inspection ; and requiring any person who may have any objections to prefer, to prefer such objections within six weeks of the date of the posting of such notification, after which time the Collector will proceed finally to confirm the boundaries as laid down for the purpose of the survey.Whenever the Collector shall have reason to believe (either from the failure of any person interested or his representatives to sign the maps and papers on the spot when required by the survey-officer to do so under the last preceding section, or for any other reason) that any zamindar or person interested is likely to object to any boundary as laid down or as represented in the said papers,the Collector shall [issue] a special notice, requiring such zamindar or other person to attend personally or by duly authorized agent before him, or before any person authorized by the Collector in that behalf, within a specified time, which shall not be less than one month after the service of the notice, for the purpose of signing and thereby admitting the correctness of any maps or other papers which have been prepared under this Act in respect of any boundary in which such zamindar or other person is interested, or of stating in writing the substance of any objection which he may wish to prefer against the correctness of such maps or papers;and, if any person so summoned shall fail to attend and to sign the said maps or papers, or to give in a written statement of his objections within the time prescribed, the Collector may proceed finally to confirm the boundaries as represented in such maps and papers, for the purposes of the survey and of this Act:

Provided that, if within the time specified any such duly authorized agent deposits with the Collector the necessary expenses of making copies of the said maps or papers, the Collector shall order such copies to be prepared, and as soon as they are prepared shall cause a notice to that effect to be posted at his office, and the said agent shall be allowed such time as may be specified in such notice, not being less than fifteen days from the posting thereof, of the purpose of signing or of giving in a written statement of objections.When a written statement of objections has been given in, as in this section provided, the Collector, after holding any further inquiry which he may deem necessary, shall pass such order in respect of such objections as to him shall seem fit; and, if the objections shall seem to him not to be well-founded, shall direct that all expenses of such further inquiry, and all expenses entailed on any other person by such inquiry, shall be recovered from the person who made the objection.

13. Person making subsequent objection may be required to deposit costs of further inquiry. – Whenever any person, having failed to sign the maps and papers, or to give in his objection in writing within the time prescribed by the notification or by the special notice mentioned in the last preceding section, shall, at any time before the Collector has finally confirmed the boundaries for the purposes of the survey, prefer any subsequent objection against the correctness of any maps or papers in respect of which such notification or notice was issued;the Collector shall require him to deposit the estimated costs of any further inquiry which it may be necessary to make in respect of his objection; and, if the said person shall fail to deposit such costs within the time specified by the Collector, he shall be deemed for all purposes of this Act to have admitted the correctness of the said maps and papers.If the costs of any inquiry which may be deemed necessary be deposited, the Collector shall make such further inquiry at the expense of the person so objecting; and, if the objection shall seem to the Collector not to be well-founded, he may pass such order as he shall think fit in respect of the recovery from the objector of any sum expended by the Collector on the inquiry in excess of the sum deposited, and of any necessary expenses incurred by any other persons on account of such inquiry:Provided that no person so making an objection after the prescribed time shall, under any circumstances, be entitled to recover the expenses which he is required to deposit before any further inquiry is made in respect of such subsequent objection.

Part III

Of Boundary-marks

14. Collector may erect temporary Boundary marks. – The Collector may cause to be erected temporary boundary-marks of such materials, and in such number and manner, as he may direct, on any lands to be surveyed under this Act;and may require any occupant of land to maintain and keep in repair such marks or any boundary-marks,until any survey-operation shall be concluded and a final award given as to any disputed boundary, oruntil permanent boundary-mark may be erected in lieu thereof as herein-after provided.

15. Collector may erect permanent boundary marks. – The Collector may at any time cause to be erected on any land which is to be, or which has been, surveyed under this Act, permanent boundary-marks of such materials, and in such number and manner, as he may determine to be sufficient to distinguish the boundaries of the estates, tenures, mauzas or fields for which the same are to be erected:Provided that, seven days before he proceeds to the erection of any permanent boundary-marks, the Collector shall, for the information of all concerned, cause to be posted in his office, and in the mal-cutcherry or at some other convenient place on every estate concerned, a specification of the number and character of the marks which he proposes to erect on the estate and an estimate of their cost.

16. Apportionment of expenses. – All expenses incurred by the Collector in erecting temporary or permanent boundary-marks under this Act, shall, in manner hereinafter provided, be apportioned among, and levied from, the zamindars and tenure-holders on their estates :Provided that no tenure-holder shall be liable to pay any portion of the expenses incurred by the erection of boundary-marks on an estate, unless some portion of his tenure is situated within fifteen hundred feet of some such boundary-mark.

17. Rent-free lands deemed part of tenure. – All lands held without payment of rent, not being entered on the Collector’s register of revenue-free tenures of the district, shall, for the purposes of this Act, be deemed to form a part of the tenure within the local boundaries of which they may be included; and if they be not included within the local boundary of any tenure, then to be a part of the estate within the local boundaries of which they are included, and if they be not included within the local boundaries of any one estate, then to be a part of such conterminous estate as the Collector in whose district such conterminous estate is situated shall, by an order under his seal, appoint:Provided that no rent-free holding of which the annual value is less than five rupees shall be liable to pay any portion of the expenses of erecting boundary-marks under this Act.

18. Procedure when occupant fails to maintain boundary mark. – If any occupant on whom a requisition has been made under section 14 fails to maintain or keep in repair any temporary boundary-mark, the Collector may maintain, keep in repair or restore any such boundary-mark, and the expenses thereby incurred shall be recovered as provided in section 57 from the person so failing to maintain or keep in repair any such boundary-mark.

19. Zamindar, etc., bound to preserve boundary-marks and give notice to Collector when injured. – Every zamindar, tenure-holder and farmer of land shall be legally bound to preserve, as far as lies in his power, such of the permanent boundary-marks lawfully erected on his estate, tenure or farm, or on the boundary between his estate, tenure or farm, and any other estate, tenure or farm, as may be assigned to him in that respect entirely, or jointly with other persons, under the provisions of section 29, and shall give immediate notice to the Collector if any such marks are injured, destroyed or removed, or require repairs.

20. Collector may re-erect-injured boundary-marks and recover expenses from zamindar, etc. – Whenever it shall come to the notice of the Collector that any permanent boundary-mark erected under the provisions of this Act has been injured, destroyed or removed, or requires repairs, the Collector may cause such boundary-mark to be re-erected, restored or repaired, and may recover any expenses, incurred in respect, of such re-erection, restoration or repair, in such proportions as he shall think fit, from the zamindars and tenure-holders to whom such boundary-mark may have been assigned in that respect under the provision of section 29; and all such expenses shall be recoverable as provided in section 57.

21. Collector may cause boundary-mark to be erected by occupant of land with his consent. – Nothing contained in this Act shall be held to prohibit the Collector from causing any temporary or permanent marks to be erected, maintained or repaired by any occupant of land under the directions of the said Collector, and with the consent of such occupant.The Collector shall repay to such occupant the expenses incurred in such erection or repair, and such expenses shall be apportioned and recovered as provided in Part IV.

Part IV

Of the Apportionment And Recovery of Expenses

22. Collector to prepare statement of expenses in respect of boundary-marks. – Upon the completion of the erection of boundary-marks on any tract of land of which the survey may, have been ordered, or on any convenient portion thereof, the Collector shall forthwith prepare a statement of all expenses incurred in respect of such boundary-marks.

23. Contents of statement. – Such statement shall show the total number of marks of each description which have been erected on such tract or portion of such tract, the aggregate cost of erecting all the marks of each description, the names of the estates and mauzas within, or on the boundaries on which any marks have been erected, and the total number of marks of each description erected within or on the boundary of each estate.

24. Collector to apportion cost of erecting marks among estates. – Upon the completion of such statement the Collector shall provisionally apportion the aggregate expenses of erecting the marks among the estates specified, with reference to the number of boundary-marks of each description which have been erected within or on the boundary of each estate.

25. Notice to be served. – So soon as the provisional apportionment shall have been made as required by the last preceding section, the Collector shall cause a notice to be served on the zamindar of every estate on which the expenses have been apportioned –

(a) specifying the sum which has been apportioned on his estate, and, as far as can be calculated, the sum which he will be required to pay on account of the service of notices on him under this section and section 29;

(b) informing him that the said statement is open to inspection in the office of the Collector ;

(c) calling on him to appear in person, or by agent properly authorized, at the office of the Collector on a date to be specified in the notice (not being less than two months after the issue of the notice), on which date the Collector will proceed to consider any objections which may be made to the provisional apportionment of expenses ;

(d) warning him that if he does not appear on the date fixed in pursuance of the notice, he will be deemed to have waived all objections to the share of the expenses apportioned to his estate;

and (unless as otherwise hereinafter provided in sections 31, 32 and 33);

(e) informing him that under this Act, he is entitled to re-cover a portion of the amount which shall be finally made payable in respect of his estate under section 26, from such tenure-holders on his estate as are made liable to bear a portion of such expenses by sections 16 and 17 (of which sections a copy shall be annexed to the notice) ; and that in order to enable the Collector to apportion the said amount among the said tenure-holders, he may give in a list of all such tenures, as defined in this Act, held directly from him, with a specification of the number of boundary-marks of each description which are erected within or on the boundary of each tenure;

(f) and warning him that if he fails to give in a list of tenures as aforesaid on or before the said date, he will be deemed to have given up all claim to recover from the tenure-holders any part of the amount for which he may be held liable under section 26.

26. Collector to make final apportionment. – On the date fixed in such notice the Collector shall proceed to consider all objections which may be made to the provisional apportionment, and to make such final apportionment of the expenses as shall seem to him fit.In making such final apportionment the costs of serving all notices under section 25 shall be distributed rateably among the estates concerned in proportion to the share of the expenses of erecting boundary-marks which may be apportioned to each estate ; and the amount so finally apportioned as payable in respect of each estate, together with the costs of serving notices, rateably distributed as aforesaid, shall be due to the Collector from the zamindars of such estates.

27. Collector may postpone final apportionment. – Notwithstanding anything contained in the last preceding section, the Collector may postpone the final apportionment if it shall appear to him that a notice under section 25 has not been served on the zamindar of any estate which should be made liable for a portion of the expenses, or for any other sufficient reason.

28. Zamindar failing to appear deemed to have waived objections. – Any zamindar failing to appear on the date fixed in the notice served on him under section 25 will be deemed to have waived all objections to the payment of the amount apportioned to his estate, and will not be entitled to prefer any objections thereto on any subsequent date ; and any zamindar failing to give in a list of tenures (when called upon under section 25 to give in such list), on or before such date, will be deemed to have given up all claim to recover from the tenure-holders any part of the amount which may have been apportioned as payable in respect of his estate under section 26.

29. Collector to issue notice specifying amount finally apportioned. – So soon as the expenses shall have been finally apportioned under section 26 among the estates concerned as hereinbefore provided, the Collector shall issue a notice in respect of every estate, specifying the amount finally apportioned as payable in respect of the estate, and requiring the zamindars to pay such amount to the Collector, together with the costs of serving such notice, within one month of the issue of the notice.If such amount be not paid to the Collector within such period, the same, with interest, at such rate, not exceeding six per centum per annum, as the Words substituted by Adaptation of Laws Order, 1950.[State Government] may from time to time determine, may be levied as provided in section 57.The notice issued under this section shall assign to the zamindar, or to the zamindar jointly with tenure-holders, the boundary-marks which they are legally bound to preserve under the provisions of section 19, and in respect of which they will be held liable to pay the costs of re-erection, maintenance and repair, under the provisions of section 20.

30. Collector to apportion between zamindar and tenure-holders. – If the zamindar of any estate shall give in a list of tenures, as referred to in section 25, with an application to the Collector to apportion between his estates and the tenures the amount which has been apportioned as payable in respect of his estates as aforesaid, the Collector shall proceed to make a provisional apportionment of the said amount between thezamindar and the tenure-holders, to serve notices on the said tenure-holders in the manner provided in section 25, and to make a final apportionment among the said zamindar and tenure-holders in the manner provided in sections 26 and 27; and the provisions of section 28 shall be applicable to such tenure-holders:Provided that no separate notice shall be served under this section in respect of the provisional or final apportionment of the sum payable in respect of any tenure, if such sum be less than two rupees; but in respect of all such sums it shall be sufficient to publish a list showing the sums apportioned as payable.Such list shall be published by being posted at the office of the Sub-Divisional Officer and at a conspicuous place in some village within which lands appertaining to the tenure are situate.

31. Summary apportionment between zamindar and tenure-holders. – Notwithstanding anything in this Part contained, whenever the Collector may consider that he has sufficient information (whether derived from papers compiled for the purposes of the road-cess, from inquiries made in the course of proceedings under this Act, or otherwise) to enable him in a summary way to make an apportionment of any expenses recoverable under this Act in respect of any estate, between the zamindars of, and the holders of, tenures, in such estate, the Collector may, as soon as possible after he shall have made a provisional apportionment under section 24 of the sum payable in respect of such estate, and without calling on the zamindar to give in any list of tenures as provided in clause (e) of section 25, proceed to make a provisional apportionment between the zamindars and the tenure-holders of such estates of the sum which has been provisionally apportioned under section 24 as payable in respect of the estate.

32. Notice to zamindar when provisional apportionment made summarily. – Whenever any provisional apportionment of the sum payable between the zamindars and the tenure-holders may have been made summarily, as provided in the last preceding section,the notice to be served on the zamindar, under section 25 shall in-form the zamindar, in addition to the particulars specified in clauses (a), (b), (c) and (d) of the said section, and instead of those specified in clauses (e) and (f),that under this Act he is entitled to recover a portion of the amount which shall be finally apportioned as payable in respect of his estate under section 26 from the tenure-holders on his estate; and that the Collector has made a provisional apportionment of the said sum between thezamindar and tenure-holders according to a list which shall be annexed to the said notice;and shall warn him -that if he fails to prefer any objection to such provisional apportionment on or before the date specified, he will be deemed to have given up all right to prefer any such objection at any future time; and that the Collector will proceed to make, such apportionment final, or to make any modifications in it which he may think fit:Provided that the sum finally made payable by the zamindar shall not exceed the sum apportioned upon him in the said provisional apportionment between the zamindars and the tenure-holders.

33. Procedure on provisional apportionment. – As soon as a provisional apportionment between the zamindar and the tenure-holders shall have been made summarily as provided in section 31, the Collector shall proceed to serve notices on the tenure-holders concerned in the manner provided in section 30, and to do all other things as if the said provisional apportionment upon tenure-holders had been made on a list given in by the zamindar under section 30.

34. Mode of apportionment among tenures. – In apportioning the amount among the zamindars and the tenure-holders the Collector shall first deduct such sum as he shall consider to be fairly payable by the zamindar in respect of lands not included in any tenure, and in respect of his interest in lands which are included in tenures; and in apportioning the remainder among the tenures he shall take into consideration the number of pillars erected within or on the boundary of each tenure, the extent of each tenure, and the distance at which it is situated from the boundary-marks; but no tenure shall be made liable for any portion of the sum so apportioned, unless some part of it be situated within fifteen hundred feet from some boundary-mark.

35. Notice of apportionment in respect of tenures. – So soon as the final apportionment among tenure-holders under section 30 shall be completed, the Collector shall cause to be issued notices to each of the said tenure-holders stating the amount payable in respect of each of their tenures, with interest (if any) calculated at the annual rate of six per centum from the date on which the zamindar paid to the Collector the sum which was apportioned on his estate under section 26, and the cost of serving upon the tenure-holder the notice under this section and calling upon him to pay the total amount so due to the zamindar of the estate of which the tenure is a part, within one month of the date of the notice :Provided that no separate notice shall be served under this section on any tenure-holder who is required to pay a sum of less than two rupees as his share of the expenses apportioned under this Act; but in respect of such sums it shall be sufficient to publish a list in the manner prescribed by section 30, and no costs incurred in respect of the publication of any such list shall be recoverable from any person mentioned therein as liable to pay less than two rupees.

36. Collector not to issue notices to tenure-holders until zamindars have deposited costs. – Notwithstanding anything contained in section 35, the Collector shall not issue the notices therein mentioned to the tenure-holders until the zamindars concerned shall have deposited with the Collector the full amount of the costs of serving all the notices, and of publishing the lists as required by that section.

37. Apportionment between tenure-holder and holder of subordinate tenure. – The provisions of sections 25, 26, 27, 28, 29, 30, 34 and 35 shall be applicable, as far as possible, to every case in which any tenure holder who has been made liable for the payment of any share of expenses under this Act may apply to the Collector to apportion the amount for which he has been made liable between himself and the holders of subordinate tenures direct from himself;and the provisions of sections 31, 32 and 33, regarding the procedure for making a provisional apportionment in a summary way between azamindar and the tenure-holder on his estate, shall, be applicable, as far as possible, to the provisional apportionment of expenses between the holder of a tenure and the holders of under-tenures within his tenure :Provided always that no such apportionment shall be made in respect of raiyats who have a right of occupancy only, and whose rent is not fixed in perpetuity.

38. Recovery of sums payable to zamindar or tenure-holder. – Every zamindar or tenure-holder to whom any sum is payable under the preceding sections may recover the same with interest as aforesaid in the manner provided by any law for the time being in force for the recovery of arrears of rent in respect of the tenure for which the sum is due.39. Recovery of sums expended by Government. – The provisions of this Part shall apply to all sums expended by the Government since the first day of November, 1874 in erecting boundary-marks.

Part V

Boundary disputes

40. Procedure in case of disputes as to boundary. – If it shall come to the notice of the Collector in the course of a survey under this Act, that a dispute exists as to any boundary which should be surveyed, the Collector, after holding such inquiry as he may deem necessary, may determine such boundary as hereinafter provided.41. Mode of determining boundary. – The Collector shall determine the boundary according to actual possession, and cause it to be secured by boundary-marks;and the order of the Collector under this section shall, until it be reversed or modified by competent authority, have the force of an order of any Civil Court declaring the parties to be in possession of the land in accordance with the boundary as determined by the Collector.

42. Power of Collector to take possession of land in dispute. – If, after holding the necessary inquiry, the Collector is unable to discover which party was in possession of the disputed land when he instituted the inquiry under this section, the Collector may take possession of the land in dispute, and retain possession thereof until some party shall have established his right to the said land.

43. Power to refer to arbitration. – Whenever the Collector thinks it necessary to decide a dispute as to any boundary under the last preceding section, he may, with the consent of the parties concerned, refer the same to arbitration.The procedure laid down in [section 89 of, and Schedule II to, the Code of Civil Procedure, 1908,] shall, so far as may be practicable, be applicable to disputes so referred to arbitration.

44. Relaying boundary previously determined by Court or by revenue survey. – If the boundary regarding which the dispute exists as mentioned in section 40 shall at any previous time have been determined by any Court of competent jurisdiction, or shall have been laid down and shown on a map in the course of any previous revenue-survey or settlement, and no objection to the boundary as then laid down and mapped shall have been preferred before any authority competent to decide on such objection; whenever the dispute relates to the boundary of an estate which is liable for revenue, or to any other boundary by which the interests of the [Government] may be affected, the Collector shall,and whenever the disputes relates to any other boundary, the Collector may, if he thinks fit,relay, as nearly as may be possible, the boundary as previously determined or laid down and shown on the map, and cause such boundary to be shown on the survey-map, with an explanatory note to the same :Provided that the relaying and record of a boundary by the Collector under this section shall not affect the possession of any land by any party, and shall be in addition to the determination and record of the boundary according to actual possession required by section 41.Nothing contained in this section shall be held to prohibit the Collector from deviating from a boundary as held by actual possession or as shown on a former map, and laying down a new boundary, if all the parties concerned agree to such new boundary, on the ground that the boundary held by actual possession, or as shown on the former map, was incorrect, and if it appears to the Collector that there is no objection to the adoption of such new boundary.The reason for every such deviation shall be recorded in the Collector’s proceedings.

45. Power of Collector in case of doubt or dispute as to boundary determined by Court or laid down by survey. – If it shall come to the notice of the Collector at any time, or in any manner, that a doubt or dispute exists in respect to any boundary –

(a) which has at any time been determined by a competent Court; or

(b) which has been laid down and shown on a map, in the course of a previous revenue-survey or settlement, or other proceeding of a revenue-officer for any special purpose, and against which no objection has been preferred to any authority competent to decide upon such objection; or

(c) which has been laid down by survey under this Act, –

the Collector may, if he thinks it desirable for any reason that the boundary so determined or laid down shall be relaid, proceed to relay the boundary in the manner prescribed in section 44 of this Act, and for the purpose of so relaying the boundary he may make any inquiries and surveys which may be necessary, and such inquires and surveys shall be deemed to be proceedings under section 6, and the Collector shall exercise in respect thereof all powers which he may exercise in respect of inquiries and surveys under that section.

46. In certain cases Collector may cause marks to be erected. – Whenever the Collector shall have determined a boundary which was in dispute, and the order shall have become final,and whenever a boundary which has been supplied by the survey officers, or has been determined under this Act, has been altered by a decree of any Civil Court which has become final,and whenever it shall come to the notice of the Collector that any boundary has been determined by a competent Court or authority, the Collector may cause such marks as he may think fit to be erected in order to secure the boundary permanently, and the provisions of Parts III and IV shall, so far as is possible, be applicable to boundary-marks which are erected under this section and to the apportionment of the cost thereof.

Part VI

Miscellaneous

47. Joint zamindars subject to every liability imposed on single zamindars. – Whenever any estate or tenure is held jointly by two or morezamindars or tenure-holders, all such zamindars and tenure-holders shall be jointly and severally liable in respect of every liability imposed onzamindars or tenure-holders respectively by this Act,and any shareholder in any estate or tenure who may have paid the amount finally apportioned to such estate or tenure may recover from his co-sharers such sums as may be payable in respect of their shares as arrears of rent, or may take credit for such sums in any adjustment of accounts between himself and his co-sharers.

48. Service of notice. – Every notice in and by this Act required to be served on any person may be served -(1) by delivering the same to the person to whom it is directed, or, on failure of such service, by posting the same on some conspicuous part of the house in which the said person resides, or by delivering the said notice to a general agent of the person to whom such notice is directed; or(2) by sending a registered letter containing such notice directed to the said person at his usual place of abode, or to the place where he may be known to reside; or(3) by posting a copy of the notice at any mal-cutchery of the estate or tenure of the person to whom the notice is directed; or if no such mal-cutchery be found, on some conspicuous place on the said estate or tenure to which such notice relates, and by delivering, in the case of estates paying their annual revenue by four instalments, another copy thereof to any agent who shall have paid an instalment of revenue next after the preparation of such notice.In all cases where two or more persons are holders of an estate or tenure, service of notice under this clause shall be deemed to be good and sufficient service on each and all of such persons.

49. No proceedings under Act affected by mistake or misdescription. – No proceedings under this Act shall be affected by reason of any mistake in the name of any person thereby rendered liable to pay any sum of money, or in the description of any estate or tenure or land in respect of which he is rendered liable to pay, or by reason of any other informality, provided the directions of this Act be in substance and effect complied with ; and no proceedings under this Act shall be affected by reason of the omission to serve any notice on any zamindars whose name is not recorded on the Collector’s registers as owner of the estate in respect of which the notice is required to be served.

50. Power of Collector to enforce attendance of witness. – For the purpose of any inquiry under this Act the Collector shall, in addition to every power conferred specially by this Act, have power to summon and enforce the attendance of witnesses and compel the production of documents by the same means (as far as may be), and in the same manner, as is provided in the case of a Court under the Code of Civil Procedure [, 1908].

51. Daily fine for failure to comply with requisition in notice. – If any person shall fail to comply with a requisition contained in any special notice served under section 7 of this Act, or in any notice served for the purpose of any inquiry under Part V of this Act, within the time specified in such notice, the Collector may impose upon him such daily fine as he may think fit, not exceeding fifty rupees, and such fine shall be payable daily until the requisition is complied with ; and the Collector may proceed, from time to time to levy any amount which has become due in respect of any such fine, notwithstanding that an appeal against the order imposing such fine may be pending:Provided that whenever the amount levied under any such order shall have exceeded five hundred rupees, the Collector shall report the case specially to the Commissioner of the Division, and no further levy in respect of such fine shall be made otherwise than by authority of the said Commissioner.

52. Penalty for not giving notice of injury to boundary-mark. – Any person, being bound by the provisions of section 19 to give notice to the Collector in respect of any boundary-mark having been injured, destroyed or removed, or requiring repairs, who shall fail to give such notice, shall be liable to a fine not exceeding one hundred rupees, to be imposed by order of the Collector.

53. Penalty for removing boundary marks. – Any person convicted before a Collector of wilfully erasing, removing or damaging any boundary-mark (not being a land-mark fixed by the authority of a public servant within the meaning of section 434 of the Indian Penal Code) which has been lawfully erected, may be ordered by the convicting officer to pay such sum, not exceeding two hundred rupees, for each mark so erased, removed or damaged, as the said officer may think fit, in addition to such sum as may be necessary to defray the expense of restoring the boundary-mark so erased, removed or damaged.

54. Collector may award portion of fine to informer. – The Collector may award any portion of a fine imposed under either of the two last preceding sections, and which may be realized, to any person who may have given information leading to the imposition of the fine.

55. Levy of fine. – A fine under sections 51, 52 and 53 may be levied, as far as may be practicable, in the manner provided in [sections 386, 387 and 389 of the Code of Criminal Procedure, 1898]; but if no moveable property belonging to the person from whom the fine is due is found in the district within which the order was passed, then such fine may be levied as if it were an arrear of revenue.

56. When person removing boundary-mark cannot be found, Collector may repair. – Whenever the person erasing, removing or damaging any boundary-mark cannot be discovered, or if for any other reason it is found impracticable to recover from him the sum which he has been so ordered to pay, the boundary-mark shall be restored or repaired by the Collector, and the expenses thereby incurred shall be recovered from the occupants, of such of the conterminous lands and in such proportions, as to the Collector may seem fit.

57. Every amount due deemed a demand. – Every amount which may become due to the Collector under the provisions of this Act in respect of any expenses incurred or of any notice served, or of any costs payable by any party in an appeal, shall be deemed to be a demand [* * *]

58. Appeal against orders. – Except as provided in sections 59 and 60, no appeal shall lie as of right, against any order passed under this Act by any officer; butthe proceedings and orders of Assistant Superintendents and of Deputy Collectors under this Act shall be subject to the supervision and control of the Superintendent of Survey or Collector ;the proceedings and orders of the Superintendent of Survey and of the Collector, to the supervision and control of the Commissioner of the Division; and the proceedings and orders of all officers ; to the supervision and control of the [State Government]:Provided that the [State Government] may order that in the course of any survey under this Act, the functions of the Commissioner shall be restricted to the decision of appeals under section 60, and that the general powers of control and supervision over the Superintendent of Survey or Collector and their subordinate officers may be exercised by the [State Government] direct.

59. Appeal against certain orders of Assistant Superintendent or Deputy Collector. – An appeal, if presented within one month of the date of the order appealed against, shall lie to the Collector or Superintendent of Survey against every order of a Deputy Collector or of an Assistant Superintendent –

(a) determining under section 8 the amount to be paid as the price of materials or labour supplied;

(b) determining under section 10 the amount to be paid as compensation;

(c) deciding a boundary-dispute;

(d) imposing a fine under this Act.

60. Appeal against certain orders of Collector or Superintendent of Survey. – An appeal if presented within one month of the date of the order appealed against, shall lie to the Commissioner of the Division against every order of the Collector or Superintendent of Survey –

(a) determining under section 8 the amount to be paid as value of materials or labour supplied;

(b) determining under section 10 the amount to be paid as compensation;

(c) determining a disputed boundary;

(d) imposing a fine of more than fifty rupees on any person :

Provided that the order appealed against under clauses (a), (b) and (c) shall not have been passed by the Collector or Superintendent of Survey on an appeal preferred against the order of a subordinate officer.

61. Orders as to costs on appeal. – The Commissioner, Collector or Superintendent of Survey may pass such orders as they shall think fit in respect of the payment of costs incurred by any party in an appeal.

62. No suit to be brought unless appeal first preferred. – No suit shall be brought to set aside an order of a Superintendent of Survey, Collector, Assistant Superintendent or Deputy Collector deciding a boundary-dispute, unless an appeal shall have been first preferred under section 59 or section 60, or unless the person suing was at the time when such order was passed a minor, or insane or an idiot.

63. Power of State Government to make rules. – The [State Government] may lay down rules not being inconsistent with this Act, -to provide for the preparation of maps and registers, and for the collection and record of any information in respect of any land to be surveyed under this Act;and generally to provide for the proper performance of all things to be done, and for the regulation of all proceedings to be taken, under this Act.All inquiries ordered to be made for the collection of information under such rules shall be deemed to be inquiries under section 6, and the Collector shall exercise in respect thereof all powers which he may exercise in respect of inquiries under that section.

The Bengal Rent Act, 1862

Bengal Act 6 of 1862

[14th May, 1862]An Act to amend [the Bengal Rent Act, 1859.].

Preamble. – Whereas it is expedient to amend Act X of 1859, so far as the same relates to the Provinces subject to the Government of Bengal.It is enacted as follows :-

1. Repeal of certain sections of Act X of 1859. – Repealed by Section 4 and the Third Schedule of the Amending Act, 1903 (1 of 1903).

[2. When Court may award to plaintiff additional damages not exceeding twenty-five per cent.] – In any suit [* * * *] for rent under Act X of 1859, if it shall appear to the Court that the defendant has without reasonable or probable cause neglected or refused to pay the amount due by him, and that he has not before the institution of the suit tendered such amount to the plaintiff or his duly authorized agent, or in case of refusal of the plaintiff or such agent to receive the amount tendered, has not deposited such amount with the Collector before the institution of the suit in manner hereinafter mentioned, it shall be lawful for the Court to award to the plaintiff, in addition to the amount decreed for rent and costs, such damages not exceeding twenty-five per cent, on the amount of rent decreed, as the Court may think fit.These damages, if awarded, as well as the amount of rent and costs decreed in the suit, shall carry interest at the rate of [six and a quarter] per cent, per annum from the date of decree until payment thereof, and shall be recoverable from the defendant in like manner as sums decreed to be paid by defendants under Act X of 1859 are recoverable.

3. Court may award to defendant compensation not exceeding twenty-five per cent, on amount improperly sued for.] – In any suit [* * *]for rent under Act X of 1859 if it shall appear to the Court that the plaintiff has instituted the suit against the defendant without reasonable or probable cause, or that the defendant before the institution of the suit duly deposited with the Collector in the manner hereinafter mentioned the full amount which the Court shall find to have been due to the plaintiff at the date of such deposit, it shall be lawful for the Court to award to the defendant by way of compensation such sum, not exceeding twenty-five per cent, on the whole amount claimed by the plaintiff, as the Court may think fit; and such Sum, with interest at the rate of [six and a quarter] per cent, per annum until payment thereof, shall be recoverable from the plaintiff in like manner as sums decreed to be paid by defendants under Act X of 1859 are recoverable.

4. Under-tenant or raiyat may, after tender pay into Court, without suit brought, what he admits to be due to zamindar, etc. – If any under tenant or raiyat shall, at malcutcherry for the receipt of rents or other place where the rents of the land held or cultivated by him are usually payable, tender payment of what he shall consider to be the full amount of rent due from him at the date of the tender to the zamindar or other person in receipt of the rent of such land, and if the amount so tendered shall not be accepted, and a receipt in full forthwith granted, it shall be lawful for the under-tenant or raiyat, without any suit having been instituted against him, to deposit such amount in the Collector’s Court, to the credit of the zamindar or other person aforesaid.

Payment into Court to have effect of payment to zamindar, or person entitled. – And such deposit shall, so far as the under-tenant or raiyatand all persons claiming through or under him are concerned, in all respects operate as and have the full effect of a payment then made by the under-tenant or raiyat of the amount deposited, to such zamindar or other person.

5. Proceedings on payment into Court. – The Collector shall receive such deposit on the application of the under-tenant or raiyat, or his agent, made in writing [* * * * *] and on the under-tenant or raiyat, or his agent, making a declaration in the form, or as nearly as circumstances will admit in the forms, set forth in the Schedule A hereto annexed; and the Collector shall give a receipt for the same.If the declaration shall contain any averment which the person making the declaration shall know or believe to be false, or shall not know or believe to be true, such person shall be subject to punishment according to the law for the time being in force for the punishment of giving or fabricating false evidence.Upon receiving the money so deposited; the Collector shall issue a notice to the person to whose credit it has been deposited in the form set forth in the Schedule B hereto annexed, and such notice shall be served by the Collector, without the payment of any fee, either upon the person to whom it is addressed or upon his naibgumastha or other agent; and in the absence of any such agent it shall be served by sticking up a copy of the same in the office of the Collector, and another copy at the malcutcherry for the receipt of rents, or other place where the rents are usually paid for the land in respect of which the money has been deposited.

Payment to creditor. – If the person to whom such notice is issued, or his duly authorized agent, shall appear and apply that the money in deposit be paid to him, it shall be immediately made over to him.

6. Limitation of suit for further balances. – Whenever a deposit shall have been made under the provisions of this Act, no suit shall be brought against the person making the deposit or his representatives on account of any rent which accrued due prior to the date of the deposit, unless such suit is instituted within six months from the date of the service of the notice an the fifth section of this Act mentioned.

7. After suit brought, defendant may pay into Court, without costs, money tendered before. – The defendant in any suit under this Act or under Act X of 1859 instituted after the passing of this Act may, if he have duly tendered the same to the plaintiff before the institution of the suit, pay into Court such sum of money as he shall consider to be due to the plaintiff without paying in any costs incurred by the plaintiff up to the time of such payment, and such sum shall be immediately paid out of Court to the plaintiff.

Costs if plaintiff goes on with the suit. – If after such payment the plaintiff elects to proceed in the suit, and ultimately recovers no further sum than shall have been paid into Court, the plaintiff shall be charged with the whole costs of the suit incurred by the defendant; but if the plaintiff ultimately recovers a further sum than shall have been paid into Court, the defendant shall be charged with the whole costs of the suit.

8. If no previous tender has been made, defendant may pay into Court what he admits to be due with costs on that sum. – The defendant in any suit under this Act or under Act X of 1859 [* * * *] may, without having made any tender before action brought, pay into Court such sum of money as he shall consider to be due to the plaintiff, together with the costs (to be fixed by the Court, if necessary, as of a suit originally instituted for the amount so paid into Court) incurred by the plaintiff up to the time of such payment, and such sum shall immediately be paid out of Court to the plaintiff.Costs if plaintiff goes on with the suit. If after such payment the plaintiff elects to proceed in the suit, and ultimately recovers no further sum than shall have been paid into Court, he shall be charged with all costs incurred by the defendant subsequently to such payment; but, if the plaintiff ultimately recovers a further sum than shall have been paid into Court, the defendant shall (including the sum paid into Court by him in the first instance on account of costs) be charged with costs as upon a suit originally instituted for the whole amount for which the plaintiff ultimately obtains a decree.

9. Survey and measurement of lands. – Every proprietor of an estate or tenure, or other person in receipt of the rents of an estate or tenure, has a right of making a general survey and measurement of the lands comprised in such estate or tenure, or any part thereof, unless restrained from doing so by express engagement with the occupants of the lands.If any person intending to measure any land which he has a right to measure is opposed in making such measurement by the occupant of the land, or if any under-tenant or raiyat, having received notice of the intended measurement of land held or cultivated by him, which is liable to such measurement, refuses to attend and point out such land, such person may make application to the Collector, and the Collector shall thereupon proceed to inquire into the case in the manner provided for suits under Act X of 1859, and shall pass a decision either allowing or disallowing the measurement, and if the case so require, enjoining or excusing the attendance of any such under-tenant or raiyat.If any under-tenant or raiyat after the issue of an order enjoining his attendance, neglects to attend and to point out the land, it shall not be competent to him to contest the correctness of the measurement made or any of the proceedings held in his absence.

10. Measurement of lands where it cannot be ascertained who are the persons liable to pay rent. – If the proprietor of an estate or tenure, or other person entitled to receive the rents of an estate or tenure, is unable to measure the lands comprised in such estate or tenure or any part thereof, by reason that he cannot ascertain who are the persons liable to pay rent in respect of the lands or any part of the lands comprised therein, such proprietor or other person may petition the Collector in respect of the lands which he cannot measure as aforesaid : and the Collector thereupon, and on the necessary costs being deposited with him by the applicant, shall proceed to measure the land and to ascertain and record the names of the persons in occupation of the same, or on the special application of the proprietor or other person aforesaid, but not otherwise, shall proceed to ascertain, determine and record the tenures, and under-tenants, the rates of rent payable in respect of such lands, and the persons by whom respectively the rents are payable.The provisions of section 67 of Act X of 1859 shall apply to any proceeding of the Collector instituted under this section.If after due enquiry the Collector shall be unable to measure the land, or to ascertain or record the names of the persons in occupation of the same, or if he shall (in any case in which such special application shall have been made as aforesaid) be unable to ascertain who are the persons having tenures or under-tenures in such lands or any part thereof then and in any such case he may declare the same to have lapsed to the party on whose petition he has made the inquiry.If any person, within fifteen days after the Collector shall have recorded the name of such person as being in occupation of such land or any part thereof, or shall have declared a tenure to have lapsed, shall appear and show good and sufficient cause for his previous non-appearance, and shall satisfy the Collector that there has been a failure of justice, the Collector may, upon such terms or conditions as he may think proper, alter or rescind his declaration according to the justice of the case.Save as aforesaid, the decision of the Collector on all matters inquired in to and determined by him under this or the last preceding section shall be final, unless the same shall be reversed on appeal therefrom to the Civil Court.Such appeals shall lie to the Zila Judge or to the Sadar Court, subject to the provisions and conditions contained in sections 160 and 161 of Act X of 1959.

11. Measurements to be by pargana pole. – All measurements made under this Act shall be made by the standard pole of measurement of thepargana in which the land is situated.

12. Form of plaint in suits for arrears of rent. – In any suit [* * *] for the recovery of an arrear of rent, the statement shall specify the name of the village and estate and of the pargana or other local division in which the lands is situate, the yearly rent of the land, the amount (if any) received on account of the year of which the claim is made, the amount in arrear, and the time in respect of which it is alleged to be due.If the arrear is alleged to be due from any raiyat, the statement shall further specify the quantity of land, and, where fields have been numbered in a Government survey, the number (if it be possible to give it) of each field.

13. Order under section 58 of Act X of 1859 to set aside judgment to be final, but rejection of application to set it aside appealable. – In all cases in which the Collector shall, pass an order under section 58 of Act X of 1859 for setting aside a judgment, the order shall be final; but in all appealable cases in which the Collector shall reject the application an appeal shall lie from the order of rejection to the tribunal to which the final decision in the suit would be appealable:Provided that the appeal be preferred within the time allowed for an appeal from such final decision. [* * * * *].

14. Fees to agents and mukhtars. – [* * * *] – In awarding costs to either parts in any suit [* * * *] under [Act X of 1859] or under this Act, it shall be competent for the Collector to award to such party, on account of the fees of any agent or mukhtar employed by him, such a sum, not exceeding the rate of fee chargeable under the provisions of [section 27 of the Legal Practitioners Act, 1879,] for pleaders in the Civil Courts, as the Collector may direct.

15. Language of Collector’s judgment. – The Collector shall pronounce judgment in all cases tried under this Act or under Act X of 1859 in open Court.The judgment shall be written in the vernacular language of the Collector, and shall contain the reasons for the same, and shall be dated and signed by the Collector at the time when it is pronounced:Provided that, if the vernacular language of the Collector be not English, and the Collector be sufficiently conversant with the English language to be able to write a clear and intelligible decision in that language, and prefer to write his judgment in it, the judgment may be written in English.

16. Attachment before judgment. – The provisions relating to attachment before judgment contained in sections 81 to 90, both inclusive, of [Act VIII of 1859] (for simplifying the Procedure of the Courts of the Civil Judicature not established by Royal Charter) are hereby extended to all suits[* * *] under this Act or Act X of 1859.

17. Execution to issue at time of decree on oral application; afterwards on application in writing. – Process of execution in any suit [* * *]under this Act or under Act X of 185 may be issued against either the persons or the property of a judgment-debtor, but process shall not be issued simultaneously against both person and property.It may be issued on the oral application of the judgment-creditor, his agent or mukhtar, made at the time the judgment is pronounced or thereafter upon the written application of the judgment-creditor, his agent or mukhtar presented to the Court by which the judgment was given.Process of execution against the person or moveable property of a debtor shall be in the [Form E] or [Form F] contained in the schedule to Act X of 1859, or in a form as nearly resembling those forms as the circumstances of the case may admit.

18. If person is arrested under section 145 of Act X of 1859, case to be disposed of at once. – If any person shall [* * *] be arrested under section 145 of the said Act X of 1859, he shall be brought before the Collector with all convenient speed, and the Collector shall proceed forthwith to try the case.If the case cannot be at once heard and determined, the Collector may, if he think fit, require the person arrested to give security for his appearance whenever the same is required.In default of such security the person arrested shall be committed to the civil jail till the case is heard.

19. Deputy Collectors’ powers. – All the powers vested in the Collector by any of the sections of this Act or of Act X of 1859 may be exercised by any Deputy Collector in cases referred to him by a Collector, and in all oases without such reference by any Deputy Collector placed in charge of any subdivision of a district, or who is specially authorized by [the State Government] to receive such cases : and all applications and reports allowed or required by the said Act X of 1859 or by this Act to be made to the Collector may be made to any Deputy Collector having such local jurisdiction or such special authority as aforesaid.

20. In what Court suits are to be instituted. – Suits under this Act, or under Act X of 1859 shall be preferred in the revenue office of the district, or, when a subdivision of a district has been placed under the jurisdiction of a Deputy Collector, in the revenue office of the subdivision in which the cause of action shall have arisen or, when the cause of action shall have arisen within the limits of the local jurisdiction of any Deputy Collector not in charge of a subdivision, but who has been specially authorized by [the State Government] to receive such suits, then in the office of such last-mentioned Deputy Collector:Provided always that the Collector may withdraw any suit from any, Deputy Collector and try it himself, or refer it to another Deputy Collector.If the lands comprised in any taluk, farm or other tenure, or any lands held under one lease or engagement, at or one entire rent, in respect of which arrears of rents may be due, are situated in more than one district or subdivision, or within the local limits of the jurisdiction of more than one Deputy Collector so specially authorized as aforesaid, the district or sub-division or local limits in which the greater part of such lands is situate shall be held to be the district of subdivision or local limits in which the cause of action has arisen; and, if any question shall be raised respecting the district or subdivision or local limits within which the greater part of the lands is situate, the Board of Revenue, or, if all the lands be situate in one district, the Collector of the district, shall decide the question; and such decision shall be conslusive on the point of jurisdiction.

21. This Act to be read with Act X of 1859. – This Act shall be read with, and taken as part of Act X of 1859. [* * * * *]

Schedule A

I, A, B, of etc., do solemnly declare that I did personally (or by my agent C.D.) on the……….. day of……… tender payment of E.F. at his malcutcherry (or at………..), the place where the rent of the lands at……… held or cultivated by me under or from the said E.F. are usually payable, of the sum of [* * * *] rupees…….. as and for the whole amount due from me in respect of the rent of the said lands from the month of……… to the month of……… both inclusive. I further declare that the said E.F. refused to accept the said sum so tendered (or to give me a receipt in full forthwith for the same). And I do declare that…………. to the best of my belief the sum of [* * * *] rupees….. so tendered, and which I now desire to pay into Court, is the full amount which I owe the said E.F. on account of the rent of the said lands from the month of…….. to the month of……… both inclusive, and that I owe the said E.F. no further sum on account of the rent of the said lands.

Schedule B

Court of the Collector (or Deputy Collector) of Dated the……………… day of……………. 18To E..F., of, etc.With reference to the within declaration you are hereby informed that the sum of [* * * *] rupees……………. therein mentioned is now in this Court, and that the above sum will be paid to you or to your duly authorized agent on application. And take notice that, if you have any further claim or demand whatsoever to make against the said A.B. in respect of the rent of the said lands, you must institute a suit in Court for the establishment of such claim or demand within six calendar months from this date, otherwise your claim will be for ever barred.

The West Bengal Legislative Council (Abolition) Act, 1969

West Bengal
ACT NO. 20 OF 1969
[25th July, 1969]

An Act to provide for the abolition of the Legislative Council of the State of West Bengal and for matters supplemental, incidental and consequential thereto.

BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:–

1. Short title and commencement.-(1)This Act may be called the West Bengal Legislative Council (Abolition) Act, 1969.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions. -In this Act, unless the context otherwise requires,-
(a) “appropriate Government” means, as respects a law relating to a matter enumerated in List I in the Seventh Schedule to the Constitution, the Central Government, and as respects any other law, the State Government;
(b) “article” means an article of the Constitution;
(c) “Council” means the Legislative Council of the State of West Bengal;
(d) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or any part of the State of West Bengal;
(e) “Legislative Assembly” means the Legislative Assembly of the State of West Bengal.

3. Abolition of the Council.-(1) The Legislative Council of the State of West Bengal is hereby abolished.
(2) On the abolition of the Council, every member thereof shall cease to be such member.

4. Amendment of article 168.-In sub-clause (a) of clause (1) of article 168, for the words “Uttar Pradesh and West Bengal”, the words “and Uttar Pradesh” shall be substituted.

5. Amendment of Act 43 of 1950.-In the Representation of the People Act, 1950,-
(a) in the Third Schedule, entry No. 9 relating to West Bengal shall be omitted;
(b) in the Fourth Schedule, the heading “West Bengal” and the entries thereunder shall be omitted.

6. Repeal of Delimitation of Council Constituencies (West Bengal) Order, 1951.-The Delimitation of Council Constituencies (West Bengal) Order, 1951, is hereby repealed.

7. Provision as to pending Bills.-(1) A Bill pending in the Council immediately before the commencement of this Act which has not been passed by the Legislative Assembly shall lapse on the abolition of the Council.
(2) A Bill pending in the Council immediately before the commencement of this Act which has been passed by the Legislative Assembly shall not lapse on the abolition of the Council, but on such abolition shall be deemed to have been passed before such com encement by both Houses of the Legislature of the State of West Bengal in the form in which it was passed by the Legislative Assembly.
(3) If a Bill which having been passed by the Legislative Assembly is, before the commencement of this Act, either rejected by the Council or passed by the Council with amendments, the legislative Assembly may, after such commencement, pass the Bill aga -in with or without such amendments, if any, as have been made by the Council and the Bill so passed shall be deemed to be a Bill introduced in and passed by the Legislative Assembly after the commencement of this Act.

8. Power to adapt laws.-The appropriate Government may, before the expiration of one year from the commencement of this Act, by order, make such adaptations and modifications of any law made before such commencement, whether by way of repeal or amendment as may be necessary or expedient in consequence of the abolition of the Council under section 3, and thereupon every such law shall have effect subject to the adaptations and modifications so made.

9. Power to construe laws.-Notwithstanding that no provision or insufficient provision has been made under section 8 for the adaptation or modification of a law made before the commencement of this Act, any court, tribunal or authority required or empowe ed to enforce such law may construe the law in such manner, without affecting the substance, as may be necessary or proper on account of the abolition of the Council, in regard to the matter before the court, tribunal or authority.

Subordinate Court Criminal Rules- West Bengal

LAW LIBRARY

  1. PART-1 [RULE 1 TO 714] The Calcutta high court criminal (subordinate Courts ) Rules-1985
  2. PART-2 [RULES FRAMED BY THE STATE GOVERNMENT ANF CENTRAL GOVERNMENT]

KHC

PART I      [CHAPTER 1 TO CHAPTER 33]              

CHAPTER -1

PRELIMINARY

CHAPTER-2

GENERAL

  1. COURT HOUR
  2. CAUSE LIST
  3. PETITION
  4. AFFIDAVIT
  5. DIARY
  6. ADJOURNMENT
CHAPTER-3

PROCESS AND THEIR SERVICE

  1. ISSUE OF PROCESS
  2. SERVICE AND EXAMINATION OF PROCESS
  3. SERVICE OF PROCESS THROUGH POLICE
  4. GOVERNMENT SERVANTS SUMMONED AS WITNESS
CHAPTER-4

COGNISANCE OF OFFENCES

  1. POLICE FILE
  2. COMPLAINT
  3. COMMITMENT TO THE COURT OF SESSION
CHAPTER -5

TRIAL BEFORE A COURT OF SESSION

CHAPTER -6

APPEAL, REFERENCE AND REVISION

  1. APPEAL
  2. REFERENCE AND REVISION
CHAPTER-7

BAIL BONDS

CHAPTER-8

RECORDING OF EVIDENCE

CHAPTER-9
  1. THE ARRANGEMENT AND PREPARATION OF RECORDS DURING TRIAL

A. COURT OF SESSIONS

B. COURT OF MAGISTRATE

C. COURTS TO WHICH TRANSFER APPLICATIONS ARE MADE

D. COURTS OF APPEALS AND REVISIONS(other than High Court)

2.  EXHIBITS

A. DOCUMENTS

  • DOCUMENTS TENDERED IN EVIDENCE
  • DOCUMENTS EXHIBITED AS EVIDENCE
  • RETURN OF DOCUMENTS
  • DOCUMENTS NOT ADMITTED AS EVIDENCE

B. ARTICLES

3. THE RECORD

4. TITLE PAGE

5. TABLE OF CONTENTS

6. THE ORDER SHEET

  • Order Sheet For Sessions Court
  • Order Sheet For Magistrate`s Court
CHAPTER- 10

JUDGMENT

CHAPTER-11

EXECUTION

CHAPTER-12

DISPOSAL OF PROPERTY

Leave rules for West Bengal Govt. Employees

bengalmap

There are following types of leaves which are applicable for the Permanent/ Temporary Govt. employees of West Bengal. The latest revision of leave rules by G.O. are also considered along with-
 West Bengal Service Rule Part I, Rule 144 to 207.

Types of Leave Admissibility Period of Leave Pay
Earned Leave Private affairs and medical ground. 30 days per year, maximum credit 300 days. Full Pay.
Half Pay Leave Private affairs and medical ground. 20 days for every year. advance half pay leave is permitted. Half Pay.
Commuted Leave a) Medical ground, not exceeding half the amount of half pay leave due.
b) Study purpose in the interest of public service up to a maximum of 90 days.
Twice the amount of half pay leave is debited. Full Pay.
Leave not Due Medical ground based on medical certificate. 360 days during entire period of service. Half Pay.
Extraordinary Leave When no other leave is admissible. No limit. Without Pay & Allowances
Special Disability Leave Disability by injury or in consequence of due performance of official duties on production of medical board’s certificate. Maximum 24 months. 120 days Full Pay thereafter Half Pay.
Study Leave Higher study in the interest of public service. 12 months at any one time and 24 months during service period. Outside India, Full Pay + DA, within India Pay is admissible if Scholarship/ Stipend/ Part time salary is not drawn.
Quarantine Leave Specified infectious disease certified by medical officer. Normally 21 days, in exceptional cases 30 days. Full Pay.
Maternity Leave Only female Govt. employee. Also admissible for abortion, miscarriage. Maximum 180 days, 6 weeks for miscarriage and abortion. Full Pay.
Paternity Leave cum Child Care Leave Only Male Govt. employee for taking care of upto two children upto 18 years of their age. 30 days. Full Pay.
Child Care Leave Only Female Govt. employee for taking care of upto two children upto 18 years of their age. Maximum 730 days during entire period of service. Full Pay.
Child Adoption Leave Only female Govt. employee with less than two surviving children, adopts a child of less than 1 (one) year Maximum 135 days. Full Pay.
Hospital Leave Medical ground. 3 months. Full Pay and thereafter Half Pay.
Special Sick Leave Navel staff on medical ground. Maximum 3 months. Full Pay.
Casual Leave & Half Day C.L. Private affairs and medical ground. 14 days in each calender year. Full Pay.
Ceiling of Maternity Leave Enhanced to a Maximum of 6 Months 

Enhancement of Ceiling of Maternity leave to a maximum of 180 days has been published in Finance Department’s Memo No. 1146-F dated 14.02.2011 for West Bengal Govt. Employees.

Enhancement of the limit of Maternity Leave for the Teaching and Non Teaching Female Employees of all recognized Secondary Schools has been published vide Circular No. S/148 dated 03.06.2011 by the Secretary, WBBSE.

In exercise of the power conferred in West Bengal Primary Education Act, 1973an amendment to the West Bengal Primary Education (Leave of Teachers of Primary School) Rules, 1999, regarding maternity leave.

A female Primary Teacher or Non Teaching Employee may be granted maternity leave on full average pay for a period of 180 days from the date of its commencement vide No. 573-SE dated 15.09.2011.

Also for the female employees of State Aided Universities, Maternity Leave is extended vide No. 714-Edn dated 16.09.2011 issued by the Joint Secretary, Higher Education Department.

Period of maternity leave to all contractual employees under PBSSM is extended from 135 days to 180 days vide No. 165-SE dated 19.02.2013.

All categories of female contractual employee will get the benefit of maternity leave for a maximum period of 180 days and 42 days of such leave in case of abortion/ miscarriage vide No. 4821-F dated 03.08.2017


Grant of Paternity-cum-Child Care Leave for 30 Days

GOVERNMENT OF WEST BENGAL
FINANCE DEPARTMENT
AUDIT BRANCH

No. 1100-F(P) Dated: 25.02.2016

MEMORANDUM

Sub: Grant of Paternity-cum-Child Care Leave for 30 days to the male State Government employees and employees of Panchayat Raj & other Local Bodies, Boards, sponsored/ non-Govt. aided Schools & Colleges, State aided Universities and Companies, Corporations, Undertakings etc.

Introduction of Paternity-cum-Child Care Leave to the male State Government employees and such employees of Panchayat Raj & other Local Bodies, Boards, sponsored/ non-Govt. aided Schools & Colleges, State aided Universities and Companies Statutory Bodies, Undertakings and Corporations which are funded wholly or partially by the State Government was under active consideration of the Government for some time past.

2. Now, after careful consideration of the matter the Governor has been pleased to decide that all male State Government employees as well as such employees of the bodies, boards, educational institutions, entities etc. as above with less than two surviving children will be allowed Paternity-cum-Child Care Leave for 30 days in the following manner.

i) Such leave may be availed of during child birth and upto the age of 18 years of the child.

ii) During such leave he will be paid leave salary equal to the pay drawn immediately before proceeding on leave.

iii) Such leave can be combined with leave of any other kind.

iv) This will not be debited against the leave account.

3. Necessary amendment in the West Bengal Service Rules, Part-I will be made in due course. In case of Panchayat Raj & Local Bodies, Boards, sponsored/ non-Govt. aided Schools & Colleges etc. as above, the concerned Administrative Department will take steps for amendment in the relevant leave rules or regulations or bye-laws as applicable.

4. This order will take immediate effect.

Sd/- H. K. Dwivedi
Principal Secretary to the
Govt. of West Benga


Child Care Leave for West Bengal State Govt. Employees

Government of West Bengal
Finance Department
Audit Branch

No. 1364-F(P) Dated: 15.02.2012

MEMORANDUM

Consequent upon recommendation of the Fifth State Pay Commission for introduction of ‘Child Care Leave’ in favour of female State Government Employees, the matter has been under consideration of the Government for some time past.

After careful consideration of the matter, the undersigned is directed by the order of the Governor to say that the Female Govt. Employees having minor children may be granted Child Care Leave (CCL) by an authority competent to grant leave, for a maximum period of two years (i.e. 730 days) during their entire service period for taking care of upto two children upto 18 years of their age whether for rearing or to look after any of their needs like examination, sickness etc. subject to the following conditions:

(i) During the period of such leave, the female employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(ii) It may not be granted in more than 3 (three) spells in a calendar year.

(iii) It may not be granted for less than 15 days in a spell.

(iv) Child Care Leave shall not be debited against the leave account.

(v) It may be combined with leave of the kind due and admissible.

(vi) Child Care Leave should not ordinarily be granted during the probation period except in case of certain extreme situation where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which such leave is sanctioned during probation is minimal.

(vii) Other terms and conditions as applicable to sanctioning Earned Leave shall be applicable in the matter of sanctioning Child Care Leave.

(viii) An account for the purpose shall have to be maintained under proper attestation by the leave sanctioning authority.

2. This order shall take effects from 1st January, 2012.

3. Formal amendments in the relevant rules of the West Bengal Service Rules will be made in due course.

Sd/- A.K. Das
Joint Secretary to the
Government of West Bengal,
Finance Department.


Child Adoption Leave

Government of West Bengal
Finance Department
Audit Branch

No. 9728-F(P), Dated: 24.10.2011

MEMORANDUM

Sub: Child adoption leave.

The matter of Child adoption leave was under active consideration of the Govt.

After careful consideration of the matter the Governor has been pleased to decide that if a female employee with less than two surviving children, adopts a child of less than 1 (one) year, she will be entitled to 135 days ‘Child adoption leave’.

For the ‘Child adoption leave’ period, salary drawn immediately before proceeding on leave shall be paid.

In continuation of child adoption leave she may avail leave of any kind due and admissible for a period up to one year or till the child is one year old, whichever is earlier. Even leave not due and commuted leave up to 60 days without production of Medical certificate is admissible.

This order shall take immediate effect from 01.10.2011.

Sd/- A.K. Das
Joint Secretary to the
Government of West Bengal
Finance Department


Casual Leave Rules

Casual Leave (CL) is not treated as leave. (WBSR Rule 167)
CL can not be combined with any other leave but as a very special circumstances may be combined with half day casual leave. (WBSR Rule 167)
CL can not be sanctioned for more than 7 consecutive days at a time including Sundays, holidays and weekly off days except for very special circumstances to be recorded in writing. (Appendix 10 of WBSR – I)
CL is admissible for 14 days in each year (January to December).
The authority granting CL should ensure as far as possible that public service does not suffer in any way.
There are provisions for sanctioning half days Casual Leave or Compensatory Casual Leave (CCL) on the 1st half or the 2nd half of the day. (Appendix 10 of WBSR – I)
An officer who takes CL when on tour is not entitled to draw daily allowance during such CL.
Special Casual Leave

Special Casual Leave not exceeding 30 days may be sanctioned for participation in sport events, cultural activities, and mountaineering expedition in any calender year.
The period of absence in excess of 30 days should be treated as regular leave of any kind. Govt. employee may be permitted as a special case to combine special casual leave with regular leave. (Appendix 10 of WBSR – I)
Half day Casual Leave

Half day CL or CCL may be granted either on forenoon or afternoon session.
A person who take half day casual leave/ compensatory casual leave for the forenoon session is required to attend office up to 1:45 pm.
The privilege of taking half day casual leave/ compensatory casual leave shall not admissible on any day in which the office is not held for the full day.
This is also not admissible on any day on which a Government employee is permitted to attend office late or leave office early by any general order. (Appendix 10 of WBSR – I)

WB Backward Classes (Other than SC & ST) Reservation of Vacancies in Services & Posts Act, 2012

GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

NOTIFICATION

No. 533-L.—25th March, 2013.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:—

West Bengal Act XXXIX of 2012

THE WEST BENGAL BACKWARD CLASSES (OTHER THAN SCHEDULED CASTES AND SCHEDULED TRIBES) (RESERVATION OF VACANCIES IN SERVICES AND POSTS) ACT, 2012.

[Passed by the West Bengal Legislature.]

[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 25th March, 2013.]

An Act to provide for the reservation of vacancies in services and posts for the Backward Classes of citizens other than the Scheduled Castes and Scheduled Tribes.

Whereas clause (4) of article 15 of the Constitution enables the State to make any special provisions for the advancement of any socially and educationally Backward Classes of citizens;

And Whereas clause (4) of article 16 of the Constitution enables the State to make any provision for the reservation of appointments or posts in favour of any Backward Classes of citizens which in the opinion of the State is not adequately represented in the services under the State;

And Whereas clause (1) of article 38 of the Constitution states that, the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order in which justice, social, economic and political, shall inform all the institutions of the national life;

And Whereas under clause (2) of article 38 of the Constitution, the State shall, in particular, strive to minimize the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations;

And Whereas under clause (b) of article 39 of the Constitution, the State shall in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

And Whereas under clause (c) of article 39 of the Constitution, the State shall in particular direct the policy towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

And Whereas under article 46 of the Constitution, the State shall promote, with special care the educational and economic interests of the weaker sections of the people, and shall protect them from social injustice and all forms of exploitation;

And Whereas the members of the Backward Classes of citizens other than the Scheduled Castes and Scheduled Tribes who are socially and economically backward, are not adequately represented in the services and posts within the State of West Bengal;

And Whereas it is expedient to provide for the reservation of vacancies in services and posts for them;

It is hereby enacted in the Sixty-third Year of the Republic of India, by the Legislature of West Bengal, as follows:—

1. Short title, extent and commencement:

(1) This Act may be called the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.

(2) It extends to the whole of West Bengal.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions:

In this Act, unless the context otherwise requires,—

(a) “appointing authority”, in relation to a service or post in an establishment, means the authority empowered to make appointment to such service or post;

(b) “cadre” means the strength of a service or a part of a service sanctioned as a separate unit;

(c) “establishment” means any office of the State Government, a local authority or statutory authority constituted under any State Act for the time being in force, or a corporation in which not less than fifty-one per cent of the paid up share capital is held by the State Government, and includes universities and colleges affiliated to the universities, primary and secondary schools and also other educational institutions which are owned or aided by the State Government, and an establishment in public sector;

(d) “establishment in private sector” means any industry, trade, business or occupation which is not an establishment in public sector;

(e) “establishment in public sector” means any industry, trade, business or occupation owned, controlled or managed by-

(i) the State Government or any Department of the State Government,
(ii) a Government company as defined in section 617 of the Companies Act, 1956 or a corporation established by or under a Central Act or State Act, in which not less than fifty-one per cent, of the paid up share capital is held by the State Government,
(iii) a local or statutory authority, constituted under any State Act for the time being in force;

(f) “lists” means list prepared by the Government of West Bengal from time to time for purposes of making provision for the reservation of appointments or posts in favour of Backward Classes of citizens which, in the opinion of the Government, are not adequately represented in the services under the Government of West Bengal or any local or other authority within the territory of the State of West Bengal or under the control of the Government of West Bengal;

(g) “notification” means a notification published in the Official Gazette;

(h) “Other Backward Classes” shall mean such classes of citizens as specified in Schedule I, other than Scheduled Castes and Scheduled Tribes, and includes such classes as the State Government may, by notification in the Official Gazette, specify from time to time;

(i) “Schedule” means the Schedule appended to this Act;

(j) “single post cadre” means a cadre which has the strength of one post only;

(k) “State Government” means the Government of West Bengal.

3. Act not to apply in relation to certain employment:

This Act shall not apply in relation to,—

(a) any employment under the Central Government;
(b) any employment to the cadre of Higher Judicial Officers;
(c) any employment in private sector;
(d) any employment in domestic service;
(e) any employment in single post cadre.

4. Certain categories of persons to be excluded from reservation:

Persons or sections from Other Backward Classes specified in column 3 of Schedule II shall be excluded from the purview of this Act.

5. Reservation for Other Backward Classes in vacancies to be filled up by direct recruitment:

After the commencement of this Act, all appointments to services and posts in establishments which are to be filled up by direct recruitment shall be regulated in the following manner, namely,—

(a) subject to the other provisions of this Act, ten per cent of the vacancies shall be reserved for candidates belonging to the Other Backward Classes denoted as “Other Backward Classes Category A” category and seven per cent of the vacancies shall be reserved for candidates belonging to the “Other Backward Classes Category B” category of the Other Backward Classes in the manner set out in Schedule HI:

Provided that the State Government may, from time to time, by notification in the Official Gazette, increase the percentage in the manner that the overall reservation for the Scheduled Castes, the Scheduled Tribes and Other Backward Classes shall not exceed fifty per cent.

(b) the members of the Other Backward Classes qualifying on merit in an open competition on the same standard as of the unreserved candidates for appointment to any unreserved post in a service or post in an establishment to be filled up by direct recruitment shall not be adjusted against the quota reserved in such service or post for such candidate under sub-section (a).

Explanation.—For the purpose of this Act, Other Backward Classes Category A shall mean the “More Backward Classes” and the Other Backward Classes Category B shall mean the “Backward Classes”.

6. Certificate of identification:

A candidate who claims to be a member of either Other Backward Classes Category A or Other Backward Classes Category B category shall support his candidature by such certificate of identification to be issued by such competent authority in such manner as may be prescribed.

7. De-reservation of reserved vacancy:

(1) There shall be no de-reservation of any reserved vacancy by any appointing authority to any post in an establishment which is required to be filled up by direct recruitment. In the absence of any qualified candidate from Other Backward Classes, the vacancy shall remain unfilled.

(2) Notwithstanding anything contained in sub-section (1), if in the public interest, it is necessary to fill up any vacancy as aforesaid, remaining unfilled on account of non-availability of a qualified candidate from “Other Backward Classes”, the appointing authority shall refer the vacancy to the State Government for de-reservation. Upon such reference, the State Government may, if it is satisfied that it is necessary or expedient so to do, by order, de-reserve the vacancy, subject to the condition that the reservation against the vacancy so de-reserved shall be carried forward against the subsequent unreserved vacancy available at the time of passing the order of de-reservation or any unreserved vacancy which shall occur in future:

Provided that the State Government may, if it is satisfied that the appointing authority by genuine mistake or on account of an error of judgment or owing to ignorance has filled up any reserved vacancy otherwise than by a candidate for whom the vacancy is reserved and that there has been no malafide intention in this regard on the part of the appointing authority, by order in writing, regularize the appointment, if so applied for by the appointing authority, on the basis of the carry-forward principle. In such case, reservation against the reserved vacancy already filled up otherwise than by a candidate belonging to the Other Backward Classes for whom the vacancy was originally reserved, shall,-

(a) if such vacancy relates to an establishment other than the establishment in Universities and Colleges affiliated to the Universities, Primary and Secondary Schools and also other educational institutions which are owned or aided by the State Government, be carried forward to the nearest unreserved vacancy available at the time of consideration of any application; or
(b) if such vacancy relates to an establishment in Universities and Colleges affiliated to the Universities, Primary and Secondary Schools and also other educational institutions which are owned or aided by the State Government, be carried forward to the nearest unreserved vacancy available at the time of consideration of any application or to any unreserved vacancy which shall occur in future:
Provided further that the State Government may, if it considers necessary or expedient so to do, by notification in the Official Gazette, empower any other authority not below the rank of District Magistrate and District Commissioner for Reservation to exercise the power of the State Government to de-reserve a reserved vacancy under this sub-section.

(3) The appointing authority shall, for the purposes of sub-section (2), make an application to the State Government in such Form and in such manner, as may be prescribed by the State Government.

(4) Notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Act, if, in the public interest, it is necessary or expedient to fill up any vacancy, in any post in any primary, secondary or higher secondary school, in any district owned or aided by the State Government, caused by deputation or leave of the incumbent of that post for a period not exceeding ten months and remaining unfilled on account of non-availability of a qualified candidate from the Other Backward Classes, the appointing authority may refer the vacancy to the District Commissioner for Reservation, referred to in section 8, of the concerned district for de-reservation and upon such reference, the District Commissioner for Reservation may, if he is satisfied that it is necessary or expedient so to do, by order, de-reserve the vacancy, subject to the condition that the reservation against the vacancy so de-reserved shall be carried forward against the subsequent unreserved vacancy in any such post caused by such deputation or leave for such period.

Explanation I.—For the purpose of this Act, for Kolkata, the references to District Commissioner for Reservation shall be construed as references to the Joint Commissioner for Reservation.

Explanation II.—For the purpose of this Act “Kolkata” shall mean the town of Kolkata as defined in section 3 of the Kolkata Police Act, 1866.

8. Commissioners to enforce reservation:

(1) There shall be a Commissioner, a Joint Commissioner, a Deputy Commissioner and an Assistant Commissioner for reservation for the State and a District Commissioner for reservation for each district, for the purpose of enforcing the provisions of this Act.

(2) Save as otherwise expressly provided in this Act, every officer referred to under sub-section (1) shall be the same officer as provided for in the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976.

(3) If any appointing authority having territorial jurisdiction throughout West Bengal, or having its offices and fixed territorial jurisdiction in Kolkata or having its offices in Kolkata without having any fixed territorial jurisdiction, contravenes any provisions of this Act, and thereby commits an offence punishable under section 10, the Commissioner, or the Joint Commissioner, or the Deputy Commissioner, or the Assistant Commissioner or any officer not below the rank of Inspector of Backward Classes Welfare Department authorised by him in this behalf, may file a complaint in any court having jurisdiction against such appointing authority.

(4) If any appointing authority having territorial jurisdiction in the whole, or in any part, of the district, or having no fixed territorial jurisdiction in the district, but having his office in the district to which the jurisdiction of the District Commissioner extends, contravenes any provisions of this Act, and thereby commits an offence punishable under section 10, the District Commissioner or any officer not below the rank of Inspector of Backward Classes Welfare Department authorised by him in this behalf, may file a complaint in any court having jurisdiction against such appointing authority.

9. Territorial jurisdiction:

For the purpose of section 8,—

(a) territorial jurisdiction shall, in relation to an appointing authority, mean the area to which its administrative jurisdiction extends; and

(b) an appointing authority, whose administrative jurisdiction does not extend to any fixed area, shall be deemed to be an appointing authority without having any fixed territorial jurisdiction.

10. Penalty for contravention of provisions by an appointing authority:

If an appointing authority contravenes any provision of this Act, he shall be punishable with imprisonment for a term which may extend to five years, or with fine of two thousand and five hundred rupees, or with both:

Provided that nothing contained in this section shall apply in relation to an appointment to any service or post of which the appointing authority is the Governor.

11. Cognizance of offence:

No court shall take cognizance of an offence punishable under this Act save upon complaint made by the Commissioner or the District Commissioner, or an officer not below the rank of Inspector of Backward Classes Welfare Department duly authorised in this behalf.

12. Previous sanction of the State Government necessary for prosecution:

No prosecution for an offence under this Act shall be instituted except by, or with the sanction of, the State Government.

13. Burden of proof:

Where a complaint is filed in any court having jurisdiction against an appointing authority under sub-section (3) or sub-section (4) of section 8 for contravening any provision of this Act the burden of proof that no contravention of any provision of this Act has been made by him, shall lie with him.

14. Protection of action taken in faith:

No suit, prosecution or other legal proceeding shall lie against any person for anything, which is in good faith done or intended to be done under this Act.

15. Removal of difficulties:

If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such steps or issue such orders not inconsistent with the provisions of this Act, as the State Government may consider necessary for removing the difficulty.

16. Power to amend any Schedule:

The State Government may, by order published in the Official Gazette, add to, amend or alter any Schedule.

17. Submission of annual report, maintenance of other records and inspection thereon:

(1) Every appointing authority shall maintain such records and documents as may be prescribed by rules made in this behalf and shall furnish to the State Government in the prescribed manner an annual report on the appointments made by it during the previous year reckoned according to the British calendar.

(2) Any officer authorised by the State Government in that behalf may inspect any record or documents which are maintained in relation to appointments made by such appointing authority.

(3) It shall be the duty of the appointing authority to produce such records or documents for inspection by the officer authorized under sub-section (2), and furnish such information or afford such assistance as may be necessary for him to carry out his functions under this Act.

(4) Notwithstanding anything contained in the West Bengal Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980 any member of the Other Backward Classes who is adversely affected on account of the non-compliance with the provisions of this Act or the rules made thereunder by any appointing authority, may bring the fact to the notice of the State Government and upon application made by him the State Government may call for such records or take such action thereon as it may think fit.

18. Power to make rules:

(1) The State Government may make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely,—

(a) form in which every establishments shall submit annual report to the State Government regarding the number of persons recruited in such establishments;
(b) any other matter which has to be or may be prescribed by rules made in this behalf.

19. Saving:

Actions taken in pursuance of any notifications, orders etc. issued for the purpose prior to coming to force of this Act shall be deemed to have been taken under the provisions of this Act.

SCHEDULE I

[See Section 2(h)]

Sl. More Backward (Category A) Sl. Backward (Category B)
1. Abdal 1. Baishya Kapali
2. Baidya Muslim 2. Bansi-Barman
3. Basni/Bosni 3. Barujibi, Barui
4. Beldar Muslim 4. Betkar (Bentkar)
5. Bepari/Byapari Muslim 5. Bhar
6. Bhatia Muslim 6. Bharbhuja
7. Bhatiyara 7. Bhujel
8. Chowduli 8. Bungchheng
9. Chutor Mistri 9. Chasatti (Chasa)
10. Dafadar 10. Chitrakar
11. Dhukre 11. Christians converted from Scheduled Castes
12. Dhunia 12. Devanga
13. Fakir/Sain 13. Dewan
14. Gayen 14. Dhimal
15. Ghosi 15. Gangot
16. Hajjam 16. Goala-Gope (Pallav Gope, Ballav Gope, Yadav Gope, Gope, Ahir and Yadav)
17. Hawari 17. Hel/Halia/Chasi-Kaibartta
18. Jamadar 18. Kahar
19. Jolah (Ansari-Momin) 19. Kansari
20. Kalander 20. Kapali
21. Kan 21. Karani
22. Kasai 22. Karmakar
23. Khotta Muslim 23. Keori/Koiri
24. Laskar 24. Khen
25. Mahaldar 25. Kumbhakar, Kumar
26. Majhi/Patni Muslim 26. Kurmi
27. Mai Muslim 27. Malakar
28. Mai lick 28. Mangar
29. Midde 29. Moira-Modak
30. Molla 30. Nagar
31. Muchi/Chamar Muslim 31. Napit
32. Muslim Barujibi/Barui 32. Nembang
33. Muslim Biswas 33. Newar
34. Muslim Haidar 34. Rai (including Chamling)
35. Muslim Mali 35. Raju
36. Muslim Mondal 36. Sampang
37. Muslim Pyada 37. Sarak
38. Muslim Sanpui/Sapui 38. Satchasi
39. Nashya-Sekh 39. Shankakar
40. Nehariya 40. Sunuwar
41. Nikari 41. Sutradhar
42. Patidar 42. Swamakar
43. Penchi 43. Tamboli/Tamali
44. Rajmistri 44. Tanti, Tantubaya
45. Rayeen/Kunjira 45. Teli, Kolu
46. Sardar 46. Thami
47. Shershabadia 47. Turha
48. Siuli (Muslim) 48. Yogi-Nath
49. Tutia 49. Daiji/Ostagar/Idrishi
50. Dhanuk 50. Dhali (Muslim)
51. Jogi 51. Pahadia-Muslim
52. Khandait 52. Tal-Pakha Benia
53. Kosta/Kostha 53. Adaldar (Muslim)
54. Lakhera/Laahera 54. Akunji/Akan/Akhan (Muslim)
55. Roniwar 55. Bag (Muslim)
56. Sukli 56. Ch. niashi (Muslim)
57. Bhangi (Muslim) 57. Churihar
58. Dhatri/Dai/Dhaity (Muslim) 58. Daptari (Muslim)
59. Gharami (Muslim) 59. Dewan (Muslim)
60. Ghorkhan 60. Dhabak (Muslim)
61. Goldar/Golder (Muslim) 61. Gazi (Muslim)
62. Halsana (Muslim) 62. Khan (Muslim)
63. Kayal (Muslim) 63. Kolu Muslim (Shah, Sahaji, Sadhukhan, Mondal)
64. Naiya (Muslim) 64. Majhi
65. Shikari/Sikari (Muslim) 65. Malita/Malitha/Malitya (Muslim)
66. Mistri (Muslim)
67. Paik (Muslim)
68. Pailan (Muslim)
69. Purkait (Muslim)
70. Sana (Muslim)
71. Sareng (Muslim)
72. Sardar (Muslim)
73. Sarkar (Muslim)
74. Shah (Fakir/Shah/Sha/Sahaji)
75. Tarafdar (Muslim)
76. Gavara
77. Mouli (Muslim)
78. Sepai (Muslim)

SCHEDULE II

[See Section 4]

Sl. Description of category To whom rule of exclusion will apply
I. CONSTITUTIONAL POSTS Son(s) and daughter(s) of—President of India;Vice-President of India;Chairman and Members of Union Public Service Commission and of the State Public Service Commission, Chief Election Commissioner, Comptroller and Auditor General of India; andPersons holding Constitutional positions of like nature.
II. SERVICE CATEGORY A. GROUP A/ CLASS I officers of the All India Central and State Services (Direct Recruitment) Son(s) and daughter(s) of—Parents, both of whom are Class I officers;Parents, either of whom is a Class I officer;Parents, either of whom is a Class I officer, but one of them dies or suffers permanent incapacitation;Parents, either of whom is a Class I officer and such parent dies or suffers permanent incapacitation and before such death or such incapacitation has had the benefit of employment in any International Organization like UN, IMF, World Bank, etc. for a period of not less than 5 years; and

Parents, both of whom are Class I officers die or suffer permanent incapacitation and before such death or such incapacitation of the both, either of them has had the benefit of employment in any International Organization like UN, IMF, World Bank, etc. for a period of not less than 5 years:

Provided that the rule of exclusion shall not apply in the following cases:—

(i) Sons and daughters of parents either of whom or both of whom are Class I officers and such parent(s) dies/die or suffers/sulfer permanent incapacitation; (ii) A lady belonging to Other Backward Class category has got married to a Class I officer, and may herself like to apply for a job.

B. GROUP B/ CLASS II officers of the Central and State Services (Direct Recruitment) Son(s) and daughter(s) of—Parents both of whom are Class II officers;Parents of whom only the husband is a Class II officer and he gets into Class I at the age of 40 or earlier;Parents both of whom are Class II officers and one of them dies or suffers permanent incapacitation and either of them has had the benefit of employment in any International Organization like UN, IMF, World Bank, etc. for a period of not less than 5 years before such death or permanent incapacitation;
Parents of whom the husband is a Class I officer (direct recruitment or pre-forty promoted) and the wife is a Class II officer and the wife dies or suffers permanent incapacitation; andParents of whom the wife is a Class I officer (direct recruitment or pre-forty promoted) and the husband is a Class II officer and the husband dies or suffers permanent incapacitation:Provided that the rule of exclusion shall not apply in the following cases:—Sons and daughters of—Parents both of whom are Class II officers and one of them dies or suffers permanent incapacitation;

Parents both of whom are Class II officers and both of them die or suffer permanent incapacitation, even though either of them had the benefit of employment in any International Organization like UN, IMF, World Bank, etc. for a period of not less than 5 years before their death or permanent incapacitation.

C. Employees in Public Sector Undertaking etc. The Criteria enumerated in A and B above in this category will apply mutatis mutandis to officers holding equivalent or comparable posts in Public Sector Undertakings, Banks, Insurance Organizations, Universities, etc. and also to equivalent or comparable posts and positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in those institutions, the criteria specified in Category VI below will apply to officers in those institutions.
III ARMED FORCES INCLUDING PARA MILITARY FORCES (persons holding civil posts are not included) Son(s) and daughter(s) of parents either or both of whom is or are in the rank of Colonel and above in the Army and to equivalent posts in the Navy and in the Air Force and the Para Military Forces:Provided that:—If the wife of an Armed Forces officer is herself in the Armed Forces (i.e. the category under the consideration) the rule of exclusion will apply when she herself has reached the rank of Colonel;The service ranks, below Colonel, of husband and wife shall not be clubbed together;If the wife of an officer in the Armed Forces is in civil employment, this will not be taken into account for applying the rule of exclusion unless she falls in the service category under item No. II in which case the criteria and conditions enumerated therein will apply to her independently.
IV. PROFESSIONAL CLASS AND THOSE ENGAGED IN TRADE AND INDUSTRY(i) Persons engaged in profession as a doctor, lawyer, chartered accountant, income-tax consultant, dental surgeon, engineer, architect, computer specialists, film artists, and other film professionals, author, playwright, sports persons, sports professionals, media professional, or any other vocations of like status.(ii) Persons engaged in trade, business and industry. Criteria specified against Category VI will apply;
V. PROPERTY OWNERS A. Agricultural holdings. Son(s) and daughter(s) of persons belonging to a family (father, mother and minor children) which owns—Only irrigated land which is equal to or more than 85% of the statutory ceiling area, orBoth irrigated and unirrigated land, as follows:—(i) The rule of exclusion will apply where the pre-condition exists that the irrigated area (having been brought to a single type under a common denominator) is 40% or more of the statutory ceiling limit for irrigated land, (this being calculated by excluding the unirrigated portion). If this pre-condition of not less than 40% exists, then only the area of unirrigated land will be taken into account. This will be done by converting the unirrigated land on the basis of the conversion formula existing, into the irrigate type. The irrigated area so computed from unirrigated land shall be added to the actual area of the irrigated land and if after such clubbing together the total area in terms of irrigate land is 80% or more of the statutory ceiling limit for irrigated land, then the rule of exclusion will apply and disentitlement will occur;(ii) The rule of exclusion will not apply if the land holding of a family is exclusively unirrigated.
B. PlantationsCoffee, tea, rubber etc.Mango, citrus, apple plantations etc. Criteria of income or wealth specified in Category VI below will apply.Deemed as agricultural holding and hence criteria at A above under this category will apply.
C. Vacant land and/or building in urban areas or urban agglomerations. Criteria specified in Category VI below will apply.Explanation.—Building may be used for residential, industrial or commercial purpose and the like two or more such purposes.
VI. INCOME/WEALTH TAX. Son(s) and daughters) ofPersons having gross annual income of Rs. 4.5 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three years.Person(s) in Categories I, II, El and VA who are not disentitled to the benefit of reservation but have income from other sources of wealth which will bring them within the income/ wealth criteria mentioned above.Explanation.—Income from salaries and agricultural land shall not be clubbed.

Explanation.—Wherever the expression “permanent incapacitation” occurs in this Schedule, it will mean incapacitation which results in putting an officer out of service.

SCHEDULE III

(See section 5)

The reservation for the members of the Other Backward Classes in services or posts in an establishment shall be given effect to in the following manner, namely:-

(i) A roster of one hundred vacancies will be necessary to give effect to the reservation of vacancies for the Other Backward Classes for direct recruitment. The roster given below shall be adopted for the purpose by each establishment:-

1st Vacancy Scheduled Caste
2nd Vacancy Unreserved
3rd Vacancy Unreserved
4th Vacancy Scheduled Tribe
5 th Vacancy Unreserved
6th Vacancy Other Backward Classes Category A
7th Vacancy Scheduled Caste
8th Vacancy Unreserved
9th Vacancy Other Backward Classes Category B
10th Vacancy Unreserved
11th Vacancy Scheduled Caste
12th Vacancy Unreserved
13th Vacancy Other Backward Classes Category A
14th Vacancy Unreserved
15th Vacancy Scheduled Caste
16th Vacancy Unreserved
17th Vacancy Unreserved
18th Vacancy Scheduled Caste
19th Vacancy Other Backward Classes Category B
20th Vacancy Unreserved
21st Vacancy Scheduled Caste
22nd Vacancy Unreserved
23rd Vacancy Unreserved
24th Vacancy Scheduled Tribe
25th Vacancy Unreserved
26th Vacancy Other Backward Classes Category A
27th Vacancy Unreserved
28th Vacancy Scheduled Caste
29th Vacancy Other Backward Classes Category B
30th Vacancy Unreserved
31st Vacancy Unreserved
32nd Vacancy Scheduled Caste
33rd Vacancy Unreserved
34th Vacancy Unreserved
35th Vacancy Unreserved
36th Vacancy Scheduled Caste
37th Vacancy Unreserved
38th Vacancy Other Backward Classes Category A
39th Vacancy Unreserved
40th Vacancy Scheduled Caste
41st Vacancy Unreserved
42nd Vacancy Unreserved
43rd Vacancy Scheduled Tribe
44th Vacancy Unreserved
45th Vacancy Other Backward Classes Category A
46th Vacancy Unreserved
47th Vacancy Scheduled Caste
48th Vacancy Unreserved
49th Vacancy Other Backward Classes Category B
50th Vacancy Unreserved
51st Vacancy Scheduled Caste
52nd Vacancy Other Backward Classes Category A
53rd Vacancy Unreserved
54th Vacancy Scheduled Tribe
55th Vacancy Unreserved
56th Vacancy Unreserved
57th Vacancy Scheduled Caste
58th Vacancy Unreserved
59th Vacancy Other Backward Classes Category B
60th Vacancy Unreserved
61st Vacancy Scheduled Caste
62nd Vacancy Unreserved
63rd Vacancy Other Backward Classes Category A
64th Vacancy Unreserved
65th Vacancy Scheduled Caste
66th Vacancy Unreserved
67th Vacancy Unreserved
68th Vacancy Scheduled Caste
69th Vacancy Other Backward Classes Category B
70th Vacancy Unreserved
71st Vacancy Scheduled Caste
72nd Vacancy Unreserved
73rd Vacancy Unreserved
74th Vacancy Scheduled Tribe
75th Vacancy Unreserved
76th Vacancy Other Backward Classes Category A
77th Vacancy Unreserved
78th Vacancy Scheduled Caste
79th Vacancy Unreserved
80th Vacancy Unreserved
81st Vacancy Unreserved
82nd Vacancy Scheduled Caste
83rd Vacancy Unreserved
84th Vacancy Other Backward Classes Category A
85th Vacancy Unreserved
86th Vacancy Scheduled Caste
87th Vacancy Unreserved
88th Vacancy Unreserved
89th Vacancy Other Backward Classes Category B
90th Vacancy Scheduled Caste
91st Vacancy Unreserved
92nd Vacancy Unreserved
93rd Vacancy Scheduled Tribe
94th Vacancy Unreserved
95th Vacancy Unreserved
96th Vacancy Unreserved
97th Vacancy Scheduled Caste
98th Vacancy Unreserved
99th Vacancy Other Backward Classes Category A
100th Vacancy Unreserved

(ii) Before making any appointment by direct recruitment, the appointing authority shall ascertain by consulting the register whether the vacancy is reserved or unreserved and if it is reserved, for whom it is reserved. Immediately after an appointment is made the particulars thereof shall be entered in the register and signed by the appointing authority.

(iii) The roster is a running account from year to year and shall be maintained accordingly. If recruitment in a particular year stops at a particular point of a cycle, say at the 5th point, recruitment in the subsequent year shall begin at the next point, that is, at the 6th point.

(iv) The roster shall be maintained separately for permanent and temporary vacancies.

(v) A vacancy due to whatever cause, except termination of service during probation, shall be treated as a fresh vacancy.

By order of the Governor,

MALAY MARUT BANERJEE,
Secy. to the Govt. of West Bengal,
Law Department