The Bengal Land-Revenue Sales Regulation, 1812
Bengal Regulation 5 of 1812
[1st May, 1812.].
A Regulation for amending some of the rules at present in force for the collection of the Land-revenue.
1. Preamble and local extent. - Repealed by Act 16 of 1874.
2. Proprietors competent to grant leases for any term. - [* * * *] Proprietors of lands are declared competent to grant leases for any period which they may deem most convenient to themselves and tenants and most conducive to the improvement of their estates.
3. Proprietors competent to grant leases and receive engagement in any convenient form. Prohibition of arbitrary cesses. - [* * *] The proprietors of land shall henceforward be considered competent to grant leases to their dependent talukdars, under-farmers and raiyats, and to receive correspondent engagements for the payment of rent from each of those classes, or any other classes of tenants, according to such form as the contracting parties may deem most convenient and most conducive to their respective interests:
Provided, however, that nothing herein, contained shall be construed to sanction or legalize the imposition of arbitrary or indefinite cesses, whether under the denomination of abwab, mathat or any other denomination.
All stipulations or reservations of that nature shall be adjudged by the Courts of Judicature to be null and void: but the Courts shall notwithstanding maintain and give effect to the definite clauses of the engagements contracted between the parties, or, in other words, enforce payment of such sums as may have been specifically agreed upon between them.
4. No attacher of lands on part of State Government or purchaser at public sales, entitled to annul existing leases within year. - [* * *] Neither any person deputed to attach lands on the part of [the State Government], nor purchasers at the public sales, shall be deemed entitled to annul existing leases within the year in which the attachment or sale may have taken place, on the ground that such leases were evidently collusive, without a decision to that effect in a Court of Judicature [* * *].
5 to 23. Rules as to rates of which purchasers of land may collect during year in which sale took place; rules to apply to sequestrators, etc., holding under authority of Boards of Revenue or Commissioners; modifications of existing rules for recovery of arrears. - Repealed by Bengal Act 10 of 1859.
24. Sales of entire estates not liable to be annulled on ground of some sharers not having obtained possession. - It is hereby declared that sales made of entire estates for the recovery of arrears of public assessment are not liable to be annulled by the Court of Judicature on the ground that one or more of the sharers may not have obtained possession of his or their interests in the property.
The consideration of and decision on the expediency of selling the entire estate, or of disposing in the first of any particular part of it, is hereby declared to reside in the Board of Revenue [* * *] subject to the control exercised by the [State Government] in its executive capacity, in matters connected with the public revenue.
25. Not on ground of proceeds having materially exceeded arrears due. - No means existing by which any certain or accurate computation can be formed a priori of the real value of any estate, or portion of estate, which may be exposed to sale for the recovery of arrears of public assessment or of the adequacy of the price which may be offered for such estate, or portion of estate; it is hereby declared that sales made at public auction for that purpose are not liable to be annulled by the Courts of Judicature on the ground that the proceeds of the sales have materially exceeded the amount of the arrears due from the proprietor of the lands [to the Government].
The Board of Revenue [* * *] will be guided in cases of that nature by their own discretion; subject, of course, to any instructions with which they may at any time be furnished by the [State Government].
26. Appointment by Judges of managers of joint-undivided estates. - Inconvenience to the public and injury to private rights having been experienced in certain cases from disputes subsisting among the proprietors of joint-undivided estates it is hereby enacted that whenever sufficient cause shall be shown by the Revenue Authorities, or by any of the individuals holding an interest in such estates, for the interposition of the Courts of Judicature, it shall be competent to the Zila [* * *] Judges to appoint a person, duly qualified and under proper security, to manage the estate; that is, to collect the rents and discharge the public revenue, and provide for the cultivation and future improvement of the estate [* * *].
27. Court may be moved for removal of managers. - In like manner, should the Authorities aforesaid, or any individual holding an interest in the estate, be at any subsequent time dissatisfied with the conduct of the manager, it shall be competent for them or him to represent the circumstances of the case to the Zila [* * *] Judge, and to move the Court for the removal of the said manager[* * *].
28. Penalty and interest on arrears. - Repealed in part by Bengal Reg. 12 of 1824. Residue repealed by Bengal Reg. 7 of 1830.