The Bengal Land-Revenue Sales Act, 1859

Act 11 of 1859

Keyword(s):
Improve the Law, Sale of Land, Arrear of Land Revenue

Amendment appended: 3 of 1862

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 The Bengal Lund-rever~ueSales Acr, 1859.

[Act XI of 1859.]

37. Rigbls of purchascr of per~rranenlly-seltledeslate sold for iLs own anears.

Ptov iso.
c 38. Regislralion of certnin tcnum and farms.
39. Common and special rcgisuy.
40. AppIication for registry.
41. Procedure on appljcaLion for common registq.
42. Procedure on applicauon for special rcgislry.
43. Regisuation of leases of certain lands.
44. Regismtion of old tenures.
hoviso.
45. (Repealed.) ' .

46. Expenses of rneasuremenl, survey or local inquiry.

47. Civil Court not compeient lo order c n v in special registcr.
48. Suit for cancelmenr of regislry of lcnurc or farm.
49. Rmeedings of Revenuc-authorities in registrarion nf tenures, e m
50. Effecl of cntq in speial regisrer.
51. Protection of talukdari lenures p e d n g inquiry, in case of sale of parent e s h t e for
arrem of revenue.
52. Rights of purchaser of eslale no1 perntanentIy seWed, sold for ils own m m .
53. Rights of purchaser being sharer i n alate;
and of purchascr of mute not sold lor its awn areas.
54. Righrs of purchasers of shares of estate.
55. Rccovcry of arrears due to defaullers.
56. Punishment for contempl.
57. Dcfault as to deposit a contempt.
58. Govemmcnt may putchase at sale.
59. (RepeaJed.l
60. Regulations W,1822, and IX, 1825, in force in certain eslates.
61. InterpreraLion.
62. Application of Act.
Schcdule A.-4erliflcaW of sale.
ScheduIe B.+Repealed)
 Act XI of 1859
(The Bengal Land-revenue Sales Act, 1859.)'
Ben. Act Ill of 1862.
Bcn. Act VII al 1868.
S C ' P P L E M ~ ... ... ... Ben. Act I of 1895.
Ben. Act IIl of 1913.
$
SHORTTrru Grvw ... ... Acl I of 1903.
Act )(JV of 1870.
REPLEAIED ... Acl XII of 1891.

[
TN PART ...
Bcn. Act Ill of 1862.
Ben. Act Ill of 1881.
West Ben. Act WI of 1950.
Ben. Act I of 1939.
... ...
AMENDED ...
[ Ben. Act VU of 1942.
Ben. Act il of 1943.
Act I of 1903.
REPEALEDIN PART AND AMENDED
[ Act TV of 1914.
Ben. Act VLI of 1868.
(a)The Govemmcnt of India

[
(Adapralion of Indian Laws)
... ... ... Order, 1937.
(b) The Adapiation of Laws
Order, 1950. -
(4rh Ma): 1859.)
An Act to in~proverhe lrnv relating ro sales oJ land for amears of
rwerrrre in the Lower Province5 finder !he Bnigal Presidenq.
[WHERUS it is expedient to disconrinzre the pracrice of -blc.
obtaillirlg dre previous sancrior~ of the Board of Revenue 10 sales of
estate5 for arrears of revenue, or other denrands 01Govemmetrt, irr the
provitrce of Cuttack;]
AND WHEREAS it i s just that a person having a licn upon an
estate, and paying the money necessary to prorect it from sale for
arrears of rcvenue, should be reasonably secured;
AND WHEREAS il is expedient to diord sharers in eslates, who
duly pay thcjr shares of Ihe ~ a d ajanza
r of their estates, easy means of
prolaling heir shares From sale by rcason of lhc delault of their co-
sharers:
'SIIORT m.-This shon [illc was givcn by the Anicnding Act, 1903 (I or 1903).
-I Enmf.-This Act w x p;usscd Tor h c wholc of hc fonncr Province of
Bcngd-sce the litlc and rhc concluding pnmgnph of s. I. but was &lmd by s. 62 lo
cxtend only 10 such puts of thx Province as ul: subjccl 10 ~ h cg c n c d Regulations.
It has k n dcclmd, by the L ~ Wh Sa 1 Exlcnr Acl, 1874 (XV 01 1874), s. 6, lo
b: in torcc rhmughout thc rorrncr Province of Bcngal, czccpl rn ~ ? g w &thc Schcdulcd
Districrs,
It has k n d c c l m d , by norifiwtion undcr fhc SchcduIcd Disuicls Act. 1874
(XIV of 1874). s. 3. to L in forcc in Wesl Jdpiguri, i n Lhc Idpiguri districl.
[I hx b a n cxtcndcd, by notincaiion undcr thc Schdulcd Dislricrs Acr. 1874
(XIV or 1874). s. 5 . to rhc following Scheduled Disrricls. nmcly :-
tht Wcricrn D u m , in ~ h Jalpiguri
c distric~:md
Ihc Dwjmling districr
 [Act XI

AND WHEREAS it is cxpedien~b afford landholders, partjcularly

absenrccs, facilities in -guarding against thc accidental salc of their
esta1~5for a m a m of rcvcrlue by reason OF Lhe ncslcct or fraud of [hcir
agents;

and il is rhereforc proper, for h e above and other purposes, Lo

improvc UIG law relating lo sales of Iand for anears of rcvcnuc in the
Provinces of Bengal, [Bilror alrd Orissa;]

I, [bll'~ repealed.]-Rep, by f!ir R e p e a l i ~Acl.

~ ~ 1870 (XIV of
1870.)
"AW a i rcv~nuc" 2. U a c whdc or a porlion of a Lis~or insulrnenl of any month
defincd. oF Ihc cra according to which h e scllernent and kisl-bar~diof any
nrolrol have been regulated bc unpaid on Uit: firs1 ot' the following
monfh of such era. Lhe sum so remaining unpaid shall bc considered an
m~arof revcnuc.

Larcst day UT 3, Upon lhc promulgarion or lhis Acl the Board of Rcvcnue ar
piymcnt. Calcurra st~alldelermine upon whal dates all arrcars of revcnuc and all
demands which, by he Regulations and Acts in force, are dircctcd to
be realised in Ihc same rnmrrer a arrears of re'venuc, shall be paid up
in cach dislric~undcr hcir jurisdiciion. in default of which payrnt.n[ the
wralcs in mear in hosc dislricts, exccpl as hercin&cr provided, shall
k s d d at plrblic auction to h e highesl biddcr.
And che said Board shal give nolice of thc dares so fixcd in h e
Oficinl Gazette, and shdl di~ectcorresponding publicalion lo be made,
as far as regards each distric~jn [he languag~of rhal disrricl, in Ihc
office of Ihe CoIiector or orher officer duly authorized to hold sda
under his Act, in the Courts of hc Judge. Magistrate Car Joint Magis-
rralc. ax thc case rwy be,) and Munsljcs, and at cvcry rlratla-station of
lhat diskkt;
shall nor be chagcd excepL by rhc said
and h e d a l c ~SO fi~d
Board by advcnisernent and notification in the manner above dcscribcd,
lo bc issued at Icast b e monhs befort the closc of Ihc of6cial year
preccliing in which lhe ncw date is, or dates arc, lo lake effect.
4.
[ill $jll~c[,persvtraI property of defo~r~rers n t q in die firs^
be distraitred and sddj-Rep. by the A t ~ r e ~ l d iAct.
irlrlarrce n ~ 1891 (XI1
of 1891).

PrcamWc b c g i ~ i n gw i ~ h"and whcrcs it i s fxpAicrir ro provide Ihc

voluntay rcgrsrnlion of d c r n d c n ~roluh" and cnding wilh "hcld a1 rcnrs sulficicnr lor
lhc sccuriry of the rcvcnue:" wem orniitcd by s. 3 of rhc Ben@ h d - r c v t n u c Sdcs
(Wcsl Bcngol Amcndmcnr) ACI. 1950 ( W a l Bcn. Act V I I of 1950).
 The Betrgal Larzd-re~enueSales Act, 1859. 323

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

any male, shall be sold for thc rccovcry of arrears or dcrnands of h e ccflni"
dcrcriplions rnen~ionedbelow, olherwire than after a nolificalion, in hc
language of Ihc dislrict, specifying Ihc naturc and amount of h c arrear
t~z2~
or dcrnand, and he latest dale on which payment- thcreof shall be
racivcd, shall have been afixed, for a period of no1 less than fifieen
clear days prcccding he dale fixed for payrnenl according to scclion 3
of h s Act,
in the office ol h c Collector, or other oificcr duly authorized lo
hold salm under this Acl,
in thc Court of the Judgc within whose jurisdiclion Ihc land
advcrliscd' lia, and
in he Mtrrrs$s Court and police-h11arraof Ihc division in which
h c esrate or share of an eslale to which h e notification rclates is
siluated, or, if h e eslarc or sharc of an eslale bc siluatcd wirhin h e
jurisdicrion of mom than one Mrrnsfs Courl or policc-lfzm~a,in some
one or more of such Coum or r/iurzas, and
also at h e curclrerv of h e nzalguzar or owner of the estate or
sharc: of an cslnre, or a! some conspicuous place upon the cslalc or sharc
of an eslale, the same to be certified by he peon or other person
crnployed for he purpose.
Firsr.-Arrcm oher than (hose of h e cuirenl year,' or of h e
ycar irnmedialely preceding.
Seco~rd1y.-hears due on accounl of eslates other than that to
bc soId.
Thirdly,-Arrears of cslales under alhchrnenl by order of any
judicial aulhority, or managcd by h e Collector in accordance with such
order.
Forirr11ly.-Arrears duc on accounl of takavi, prrlbandi, or oher
demands not being land-revenue, but recoverable by thc same process
as arrcars of land-revenue.
6. The Collector or other officcr duly authoriixd to hold sales Issuc or
underthisAcrshall,~smn~possiblcalrerchelatestdayofpaymen~ nolifiC~liOns
01 S ~ C .
fixcd in Lhc manner prescribed in scclion 3 of this Act, issuc nolifica-
tions, in Lhc language of [hc dislric~,to be affixed in his own ofhcc and
in h c Coun of thc Judge of thc district, specifying h e eslaics or s h a m
of cstatcs which will be sold as aforesaid, and h e day on which rhc sdc
of thc same will commence, which day shalI not be less than '[thirty]
I* * * clcar days from thc datc of affixing h e noLification in
thc officc of thc Collector or othcr ofliccr w, aforesaid.

'This word wm subslirutrd Tar ihc word "fificcn" by s. 3 of hc Bcngal Lmd-

rcvenuc Sales Aci. 186B (Hen, Act VI1 or t868).
'Thc words "or morc than Ihifly" wcrc repcalcd. ibid.
 324 The Ben@ hrrd-revenue Sales Act. 1859.

[Act XI
I

And, if h e Govcmmen~rcvenuc of any eslak ar share of an

cstate to be sold exceed ac sun1 ui fivc hundred rupces, a norification
of the salc of such c$lale or sharc of an esratc shall be published i n h e
Oficfal Gazerre,
' [ n c Colleclor or other oAcer duly aulhorised to hold sates,
shall also issuc notice of sale by regisrered p ~ s in l lhc name of h e
recorded propriclors of Ihc atatc, and in c s c heir nurnbcr bc more
than five, in Ihe name of a~l a s t live of ihe biggest recordcd sharchold-
en informing them of h c parricuIars of sale. Such nolice shall be issued
sirnullaneousIy with, or as soon as may be afrcr, Lhe issue of [he
nolilicatiun rcfemcd lo above. If Lhe salc does not lake place h e cosL
of such rcgistercd nolices shall be payable by h e defaullcn within
fiAcen days d b e date on which rhc sale was [o lake place and if it
is nor paid within b a t period, it shdl bc rcaliscrl from thc deiaullers by
any prmas aulhorised for rcalising an arrear of public rcvcnue.
No sale s h d l lake place until thc officer conducting rhe sale has
salisiied himself that h e noiificalion of sale h z bcen duly published
and Lhe notices of salt have been scnl lo proprielors by registered pwl
bul tht omission l o serve such nnticc on any proprietor or any dcrwl
in the service a€any such notice s.hll not by i(se1f be a ground for the
annulment of a sale under this Act.]
Excepr as hereinafter provided, all estates or shares of estates so
specified shall, on rhe day notified for sde, or on the day or days
followjng, bc put up to public auction by and in hc prescnce of h e
Collt;clor or oher officer as aforesaid and shdill be sold Lo the highesr
biddcr.
Tcndcr dr.:r And no payment or tcndcr of paymcnl, made afrer sunsel of l h e
latcsl day said latest day of payrnenl, shall bar or inlerfcre with Lhe sale, cithcr
ol pymcnt
no1 to slop d c . a1 the rime OF sale or after irs conclusion.

~ai;c
LO 7. Whentver an esrate or share of an es~ateis naiificd for sale
raiyars,
CIC.
as provided by section 6 of his Act, lhe Colleclor or other oFficer as
aforesaid shall affix a proclamarion. in h e languagc of lhc dislricl,
in his own office, and as soon hemailer as may bc in h c
Mrrtufs Cnuns and police-rharrar wilhin which hc eslalc or sharc of
an cstate, or any part ofit, is situated, and also a1 the c~rrchervof ihc
nralgtrmr or fl~cowncr of rhe cstzrc or s h m of an estate, or at some
conspicuous place upon the &late or share of an estale,
forbidding the raiyrs and undcr-renanrs 10 pay to the defaulting
proprietor any rent which has fallen due d ~ e thc
r day f i x d for b e I s [
day of payment, on pain of not being cntillcd 10 crcdit in their accounts
wilh thc purchser for my sums so paid.
-.
'Inscncd by s. 2 of [he Bcngal Land-rcvcnuc S d u (Arncndmcnr) Act, 1913
[Bcn Aci II of 1943).
 The Bellgal Land-revetlue Soles Acf, 1859.

of 1859. ]

(Sections 8, 9.1

8, No claim lo abatemcnl or remission of revcnue, unless Ihc Claims of

dcfzultcr-
b;sarne shall havc bccn allowed by thc authorily of '[Lhc Slate Govern-
aginsl
mcnt], and no private demand or cause of action wha~ever,hcld or Govcrnmenr
supposcd to bt held by any deiaultcr againsl I[rhc GovcrnmenlJ, shall not lo
bar or render void or voidablc a sale undcr this ACI;nor shaH thc pIea invalidale
l h a ~money bclon~ingto thc derauller, and su~ficicnlto pay (he arrcar snlc.
of revenue due, was in Lhe Collector's hand bar or rcndcr void or
voidable a sale under this Act, unless such money srand in the dcfaull-
er's name alone and wilhout dispurc, and unless, aftcr application in
duc lime made by [hcdefaulter, Or aitcr Ihc wrilten agrecmcnt provided
for in section 15 of h i s Act, the Collector shall have neglecled, or
refused on insufficient grounds to mnsfer it in payrncnl of h e arrear
of rcvcnuc due.
9. Thc Colleclor or othcr officcr as aforesaid shall, at any lime lkposils
bcfore sunsel of he lalcsl day of payrncnl dclcrmined according to wcciv~blc
fmnl pcrsons
scdion 3 OF his Acr, rcceivc as a deposit from any pcrson not being not p m p r i c ~ o ~ .
a proprietor of thc atale or sharer of an esrale in a r m , (hc m o u n l of
[he arrear of revcnuc due to be credilcd in paymcnl 01 lhc arrcar at
sunscr as aforesaid, unless bcfore h a t time thc arrcar shall havc bccn
paid by n dcfaulung proprielor of h e eslale.
And in case Lhc pcrson so deposiling, whosc money shall havc
been credilcd in h e manner aforesaid, shall be a parly in a suit pending
before a Courl of Juslice for h e possession of Ihc eslale or sharc from
which h e arrear is due or any p a l Ihereof, it shall bc competenl to h e
saii Coun to order lhc said pany to bc pur into temporary possession
of h e said esrale or sharc, or pan thereof, subjccl to the rules in force
for taking smuriry in h e cascs of parries in civil suils.
And if the person so dcpositing, whose money shall havc been
crcdircd as aforesaid, shall prove bcfore a compctcnr Civil Courl that
thc dcposir was made in order lo prolccl an inleres~of Ihe said person,
which would have been endangered or damagcd by the sale, or which
he believed in good faith would havc been endangcrcd or damaged by
thc snlc, hc shall bc enhrled lo recover the amouni of the dcposir, w i h
or without intcrcs~as h e Court may delcrminc, from thc deiaulling
proprietor.
And if thc p a y so depositing, whosc money shall havc bcen
crcditcd as aforesaid, shall prove before such a Coun h a t the deposit
was necessary in order to prorccr any lien he had on [he cstalc or share
or part rhcrmf, h e amount so credited shall be addcd to h e amount of
lhc original Iicn.
- - -
'The words "he Pmvincid Govtrnrncnt" wcre subslituled for thc word "Gov-
cmment" by p m . 3 wd Lhc 1st Sch, of thc Govemmcnt of India (Adaptation of Indian
Lnws) Ordcr. 1937, and rhc word "Srarc" w s substitured for h c word "Provincial" by
p m g n p h J I I ) of Ihc Adaplalion o f l a w s Order. 1950.
mc words "lhc Crown" wcrc substicutcd Tor h c word "thc Govcmmcn~" by
p a x 3 and rhc 1st Sch. of thc Govcmment or India (Adaplalion ~f Indim Laws) Ordcr,
1937, and thc word "Govcmmenr" WE, substiturcd for thc word "Crown" by pmgnph
4(1) of the Advialion or Laws Order, 1950.
 The Betrgal Lnnd-revenue Sales ACI, 3859.

[Act XI

Scpm~ion 10. When a rccordcd sharer oi joinr wlatc, hcld in common

of s 5 m s tenancy, desires ta pay his share of thc Government revenue sepamlely,
hcld in
common.
he may submit lo the Collecror a w r i l i e n application 10 rhai erfwt.
by cpning The applicalion must conlain a specification of the share held in
scpmtc lhe cslarc by h e applicanr.
zccount. The Collector shall then cause lo be published in his own oifice,
in the Court o i h c Judge, Magistrate (or Joint-Magistrate as h c casc
may bc), and Mrrrrsifs. and in We policc-tltanar in whose jurisdiction h c
eslale or any parl rhercof is sirualcd, as well as on some C O ~ S ~ ~ C U O U S
part of the eslare ilself, P copy of the applicalion madc lo him.
if,within six weeks from the dare of the publicdon of hese
notices, no abjection is made by any other recordcd sharer, the Collcc-
lor shall opcn a separarc account wilh the applicant, and shall crcdir
separately lo his share all paymenis made by him on account of it. The
datc on which the Colleclor records his sanction lo the opening of a .
separarc account shdl f x hsld ro be thal from which the separate
liabililics UT the shwe of Lhc app!icml commence.

Scpmtion of 1l.When a recordcd sharcr oi a joint-cstatc, whosc s h e corl-

s h v u consisrrng sists of a spccific partion of the land of the csralc, dcsires to pay his
or spccific
sharc of thc Government rcvenue separarel), hc may submil to h e
paiiahs o€
land. by opening CollecI~ra wrilten application to rhal eKeci. 'lhe applicalion must
scpmtc Jccounk. contain a specificauon of rhc land comprised in his share, and of the
boundaries and cxccnt hcreof, rogerher w i h a slalement of the m o u n t
of ~ u d ajams
r hereroforc paid on accounl of it.
On rhe receipt of this apptication r l ~ cCallcctor shall cause il to
be published in h e manner prescribed for publicarion of notice in ahe
Iasl preceding section.
In h e w e n t of no objccion king urged by any recorded c e
sharer wilhin six weeks from h e time of publicatinn, rhc Collector shall
open a scparate zccounl wilh h e appIicanL and credit scparalely ro his
sharc all payments made by him on accwnr of if.
The dale on which [he Collector records his sanction to rhc
opening of a separalc account shaIl IE hcld ro be Lha~from which rhc
scpmte ljabilitics of h c share OF h c applicant commence.
If objcclion 12. If any rccorded proprietor of the esrare, wheher the sarnc
Iw mndc. be held in common tenancy or olherwise, objec~that (he applicanl has
p a l i e s lo
k wicrred to no righl to the s h m claimed by him, or that his intcresl in rhe estate
Civil Cwn. is less ur other h a n that claimed by him, or if Lhc application be in
respect or a specific ponion of rhc land of an eslate, thal the amount
o €sr7d~r;a)tl~ stated- by ihe applicanr to have becn heretofore paid on
accounr of such portion of land is not h e dnount w h c h has k e n
recognized by rhe other sharers as the janro thcwf, * c C o l l c ~ t u rshdl
refcr the partics lo the Civil Coun and shdl suspcnd proceedings unlil
thc qualion a( issue is judicially dercrmined.
 The Bengal htrd-revenue Sales Acr, 1859. 327

of 1859. ]

13. Whenevcr the Collcctor shall have ordcred a separatc

account or accounts to be kcpt for onc or more shares, if h e estate shall
liecome IiabIe 10 sale for arrears o f revenuc, the Collcctor or orhcr
officer m aforesaid in the first placc shall put up ro sale only h a t sham
or those shares of rhc estate fmm which according 10 h e separatc
accounts, an amcar of revcnue may be due.
I n all such cases noricc of he inlcntion of cxcluding rhc share
or shares from which no arrear is due shall be given in the adverlise-
men1 of sale prcscribed in scc~ion6 or this Act. Thc share or shares
sold, logethcr with he share or shares excludcd from rhc sale, shall
continue to cons!hu~eonc integral cstate, the share or shares sold bcing
charged with h e scparate podon, or h e aggregale or lhe several sep-
arale pohons, of janra assigned therelo.
14. If in any case of a salc held according to thc provisions of Entin: mlale
. h e last preceding section (he highcsl offer for hc share exposed 10 salc may h
sold undcr
shall no1 cqual he amounl of arrcar due hercupon lo thc dale of sale,
ckrldn conditions.
the Collccror or other officcr as aforesaid shall slop the salc, and shall
declare that Ihc entire csiate will bc put up ID sale Tor arrears of revcnue
a1 a future date, unlcss the othcr recordcd sharer or sharers, or onc or
more o[ hem. shall within ten days purchase h e share in arrcar by
paying 10 '[hc Slate Govcmment] Lhc whole arrcar duc rrom such
share.
If such purchase bc completed, h e Collector or oher officer as
aforesaid shall givc such cerlificale and dclivery of possession as are
provided for in sections 28 and 29 OF this Acr to the purchaser or
purchasers, who shall have the same righw as if he share had bcen
purchased by him or lhcm at h e salc.
1r no such purchase bc made wiihin ten days as aforesaid, the
enlire cslate shall be sold, after nolificaljon for such period and pub-
licalion in such manner as is prcscribed in seclion 6 of his Act.
15. If any recordcd propridor or co-panncr of an eslatc shall Dcposil Tor
deposit with Ihc Collcctor money, or Government securilics endorsed protcclion of
wia1e from
and madc payable to h c order of rhc Collector and shalI sign an SAC.
agreement pledging rhc same =lie the Stale Govemmenk] by way or
sccurily for the janra of h e cntire estalc, and aurhorizing the Collector
10 apply to h e paymen1 of any arrcar of revenuc that may become
due from that cstale the whale or any porlion of h e said money or
securilies h a t may bc necessary for that purpose, h e n in h e case of
any arrcar of revenue due from Lhc said estale not being paid before
sunser of the lates~day of payment f i e d undcr section 3 of h i s Act
the Collecior shall apply to the payment of such arrcar h e said money
or sccuriucs, or such parl thereof or of any interesl due on mc said
'See tool-nolc I on pagc 325. a ~ c .
T h e words "lo the Provincial Govcmmenl" wcrc substiiurcd for fhc words
"lo Governmtnt" by pan. 3 and thc 1st Sch, or the Govcrnrncnl o f India (Adapbtion
of Indian h w s ) O r d ~ 1937.
, and rhc word "Stmc" was subsqucn~lysubslilu!cd Tor
Ihc word "Provincial" by p m g n p h 4(1) 01 rhc Adaplation of Laws Ordcr. 1950.
 The Bengal Lond-revenue Sales Act, 1189.

[Act XI

sccuriljes, as may be necessary; and for his purpose Lhc Colleclor shdl
firs1 apply any moncy that may bc in his hands and any interesr Lhal
may be due upon such securilics, and may then sell and transfer h c
securities for any balmcc that may remain.
And so long as my moncy or securilies as aforesaid, suffficient
lo cover any anear h a 1 may fall due, shall rcmain and bc available as
aforcsaid, h e estate for the pr~tcctionof which the said dcposit was
made shall bc cxempted from salc for arrears of revenue.
All moneys and securi~icsso deposited shal1 be eiernpr From
attachment otherwjse than in cxecution of a decree of a Civil Court.
Wilhdnwal 16. It shall be competent ro h e person making a deposit under
01 dcposit. he provision of h e 1x1 preceding section, or his representalive or
assignee, at any time, lo wilhdraw the deposit and lo revokc the pledge
of the same.
k13k 17. '* 1 * * * * * no cstate held under attachment
under
by the Revenue-auhorilics olherwise rhan by order of a judicial author-
atwchmcnr.
ily shall bc liable to salc for arrears accuring whilst it was so held under
atlachmenl.
And no cslate held under atlachment or managed by a Rcvcnue-
officcr, in pursuance of an order of a judicial aulhorily, shall bc liable
lo sale for thc rccovery of arr& of revenuc accruing during the period
of such alrachment or management until dtcr the end of the year in
which such arrears accrued.
Power l o 18. IL shall bc compelcnl to he Colleclor or other officer as
cxcmpr aforesaid, at any timc before Ihc sale of an cstate or sham of an eslale
from satc.
shall havc commenced, to exempl such eslatc or share from sale; and
in like rnanncr it shalI bc compelcnt to he Commjssioner of Rcvcnue,
ar any lime bcfore he salc of an estalc or sham of an estate shall have
commenced, to exempi such estate or share from sale, by a spccial
order lo rhc Colleclor or other officcr as aforesaid to h a t effect in each
case; and no such salc shall bc Icgd if held after he reccipl of such
order of exernpuon :
Proviso, Provided, however, 2that the Collcctor or oher officer as afore-
said, or h e Commissioner, shall duly record in a prwceding h e reason
for granling such cxemp~on;and providcd also b a t an order for ex-
emption so issued by the Commissioner shall no1 alfecl rhc legality of
a sale which may have raken place before Ihc receipl by Ihc Collector
or oher officer as aforesaid of rhe order of cxcmplion.
19. Salcs shall ordinarily be madc by the Collcctor or oher
officer as aforesaid in h e bnd-revenlc office at rhc sadar station of
rhe district :

'The original words and iigures which'were rcpwled by the Bengd Coun or
W d s (hnendment) Act, 1881 (Bcn. Acf 111 of 18RI): are omitled.
Formal words which wen: repcded by \hc Amending Acr, 1903 (1 of 1903), ye
omir~ed.
 [Act XI

rhirtieth; and, in dchulr payrnenl wirhin the prescribed pcrid as

of
alorcsaid, thc dcposil shall be forleiled to Chvemmcnl, lhc estatc or
share shall, be re-sold, and [he defaul~ingpurchzcr shall lorfcil all
claim to the estalc nr sharc, or ro m y pa.^ or rhc sum for which il may
subsequently be sold.
And. in rhc cvenl of thc prwceds (IT h e salc which may be
eventually consununarcd beirig lcss ihan the pricc bid by the dcfaulting
bidder aforesaid, the diIlercnce shall be leviable from him by any
proccss auhorized for realizir~gan arrcar of public rcvenue, and such
diffcrencc shall be taken and considered to hc a part of the purchase-
money, and shall be dcalr wilh in Ihc manner hcreinaf~ctprescribed lor
[he disposal thereof.
24. When dcfaulr is madc in the payrncnr of purchase-money,
a notification of the intended rc-salc shall be published for hc period
and i n lhc manner prcscrihcd in section 6 of this A G ~t)nI
, such nollfi-
carion shall no1 bc published until the expinlion of ihrcc clear days
arter thc day on which itlc dcfaulr sha[l have occurred; and if rhe
payrnenl or lcndcr of payment of thc m a r on account of which he
csrare or share was firs1 sold, and of any arrcar which may have sub-
sequently bccome duc, shall be mndc by or on behalf of lhc proprieror
of h c cscate or share berorc sunscl of lhe third day, h e issue of he
notificn~ionof re-sale shall be slaycd. Thc ruIes conlaincd in [he 1st
preceding SCCUDII shall be applicnhle lo cvery such re-sale :
.
I Providcd that, if defaulr or payment of purcha~e-moneyshall
occur more lhan oncc, the anluunl to be recovcrd from Ihc dclaulling
bidders shall be [he dilfercncc bctween the highes~bid and the procccds
of Ihc sate cvcnluaIly consummated, which amount may bc lcvied in
manner aforesaid from any 01 lhc dcfaulrir~gbidders ro lhe extent of !he
arnounr by which his bid cxcceds Ihe amount realized.
25. (Appeals.)-Rep. by ]he Bc~rgoli m d - r e v e n u ~Snle~Acr,
f858 {B~II.A n VII of 1858).
Amulrncnr 26. It shall be ~0mpelenlLO ~ h Commissioner
c of Rcvcnuc. on
of sale
in r p c i A the ground of hardship or injustice, lo suspcnd Ihc passing of final
casts. orders in any casc oF appcal from a sale, m d 10 rcpicsent h c casc lo
[he Board of Revenue, who, I * * * may annul the sale and cause h e
cslale or shwe of an eslalc to be rcsiorcd ro Ihe propsictor on such
condilions as may appear equitable and proper.
Salcr, whcn 27. At1 salcs of which the purchase-money has k e n paid up
tind.
as prescribed in scccion 27 n l rhis Acr, and apainsl which no appeal
shall have been prcfcrrcd ?[or in respecr of which no appticalion undcr
sccrion 37A h a s bccn tnarle or in rcspecr of which no appcal undcr
sub-section (3) 01seclion 378 has been preferred], shall bc liaa1

'7'bc wolds "If [hey wc c m c , mny fitommend to (hc h a l G a v e m e n \ to

annul rhc sdc: u d thc Local Gorernmcn~in any such csc" wcm arnitrcd by i h c Dcccn-
tnliulion Acr. 1914 (IV ot 19 14).
'Imcncd by s. 2 or rhc Bend Lmd-mvcnuc Sdcs (Arrcndrr.cn1) Act. 194?
(Bcn, Acr V11 o i 1942).
 (Secrions 2&31.)

and conclusive at noon of h e '[sixrich] day from the day of sale,

reckoning Ihc said day of sale as h e firs1 or thc said '[sixty] days.
And salc againsr which an appeal may have becn prefemd and
dismissed by the Commissioner ?[or in respcct of which an application
under sccrion 37A may have been made or an appeal under sub-section
(3) of sec~ion37B may havc bccn preferred and such appIicalion or
appcal has been dismissed] shall be final and conclusive from h e datc
of such dismissal, if mom than '[sixty] days from thc day of salc, or
if Icss, h e n at noon of the '[sixrieth] day abovc provided.
. 28. Immediately upon a sale becoming final and conclusive the
Collcc[or or othcr officer as aforesaid shall give ro the purchaser a
certificarc of title in thc form prescribed in Schcdulc A anncxcd to this
Act. ,

And h e said certificate shall be decmcd in any Coufl of Jusuce

sufficient cvidcncc of h e titlc Lo Ihe estatc or share of an cslate sold
being vesred in thc person or pcrsons namcd from thc darc specified.
And h e Collcctor shall also notify such uanslcr by wrillen
proclama~onin his own officc, and in the Coum of [hc M~orsifsand
policc-rila~~as within whose jurisdictions my part of the cslale or share
sold shall bz siluatcd.
29. The Colleclor or othcr officer as arorcsaid shall order
delivery of possession of k c eslate or share purchascd to be made by
rcmoving any penon who may refusc to vacatc Lhe same, and by
proclamation to the occupants of [he properly by bear of drum or in
such other mode as may be customary, a1 somc convenienl place or
places; and by affixing a copy of rhc cerlificatc at lhe nial crrlcllerry
or in some conspicuous place of thc estate or share of an estare
purchascd.
30.. The party certified as thc proprietor of an estale or share Liability ol
OF an cslale by purchase under this Act shall bc answerilblc for all purchaser.
inslalmenls of the revenue of Govcmmenr which may fall due alter h e
lalcsr day of paymcnL aforesaid.
31. The Collcc[or shall apply the purchase-money, lirsl, ro h e Applicarion or
tiquidalion of all arrcm due upon h e latest day of paymcnl from Lhe purchase-money.

cs!are or share of an csrale sold; and, secoadly, to lhc liquidation of

all outstanding demands I[including the cost of noticcs rcferred to
in seclion 61 dcbilcd ro [he estatc or share of an eslate in the public
nccounrs of thc dislric~: holding [he residuc, if any, in deposit on

-
'The word< "sixtiuh" m d "sixry" rvcrc subsrirurcd lor lhc words "rhinicrh"
and "thirly" rcspecrively. by s. 4 or the Bcngal L M ~ - W V C ~ Sdcs
U C Aci,,1868 (Bcn. ACI
VII o l 1868).
!Inszncd by s. 2 of thc Bengal h d - m v c n u c Sdcs (Amendment) Act, 1942
(Bcn. Acl VlI o r 1932).
JInscncd by 5. 3 of thc Bcngal Land-rcvcnuc 8111s (Arncndmcnr) Acl, 1963
(Bcn. ACI 11 of 1943).
 The Berrgal Larrd-revetlire Sales Act, 1859,

[Act XI

account of thc Iatc rccorded propricior or prprie~orsof Ihc estalc or

share of an cslatc sold. or their heirs or reprcscntatives, lo he paid
lo his or lhcir rcceipl on demand in rnanner following : 10 wit, in
shares proportioned to hcir recordcd jolercsl in h e cstate or share
of an csrate sold, if, such dis~lnclionof s h a m werc recorded, or if not,
then as an aggrcgarc sum Lo !he whole body of proprietors upon Lhcir
joint receipt.
And. i f before payment lo thc Iatc properietor or proprielors of
any surplus h a 1 may remain or the purchase-moncy, bairic be
claimd by any creditor in sauslaciion of a debt, such surplus shall not
k payable 10 such claimant. nor shall i t be wilhhcld fro111LIIC pmpri-
elor, cxcept undcr prcuepl 01 a Civil Coun.
32. T h e annulment by a Conmissioncr ur by ' B o u d of
Revenue] 01 a salc madc undcr chis Act shall bc publicly notified by
thc C~llecloror other officer as aforesaid, in rfie s m c manner a the
becoming final and conclusive of sales is requircd to be notified by
secdon 28 of [his ACL;and thc amount uf dcposi~and balance of
purchase-money shall be farhwith returncd LO h e purchaser 4 t h
intcresl 1 hereon at the h i g h e t rates of he current public securities :
which shall be paid by '[the Slate Government], unlcss h e proprietor
shall have become liablc Tor the saInc under the provisions of 31section
2 of rhc Bcngal hd-revcnuc Sales Act, 1868,] or section 26 of this Bcn. ~ c i
AC~. VII or
Juasdiclion 1868.
01 Civil 33. No sale for arrears of rcvenuc or other denwnds rsslizablc
cwns In in the same manner a arrcm of revcnuc are rcalizablc, madc after
sub 10
the passing of lhis Acl. shall be annlnlcd by a Court of Juslice, exccpr
mnul $A=,
upon thc ground of its having becn made contrary to the provisions
of his Acl, and then only on p r o d lhar h e plaintifr ha suslaincd
subsranrial injury by reason of the irregularity complained of : and no
such salc shall be annuIled upon such gruu~lcl,unlcss such ground shall
have been declared md specified in an appcal made 10 Ihc Cornis-
sinner under '[secrion 2 of Ihc Dct~galLand-revcnuc Salts Acl, 18681;
and no suit ro annul a sale madc under this Act shdl be reccived by
any coun of Jusrice, unlcss it sliall be insu[u!ed wilhin onc ycar from
the dare or ~ h csale bccorning final and conclusive as provided in
section 27 of this AEI : arid no pcrson shall be cnlitled lo contest the
Icgdity of a sale after having reccivtd any porlion of !he purchase-
money :

'Tbcse words rvcrc subslirurcd for rhc word "Govcmmcnt" by Be Dcccnmli-

wrlon nn, 1914 (IY of 1914).
+Thc words "thc Provincial Govcmrncnr" werc subs;ilured for tho words "lhc
Govemmenr" by p m , 3 snd ihc Is1 Scb, of Ihc Govcrnrncn~of India (Adripration o l
I n d i a Lnws) Ordcr, 1937, and thc ward "SUCC"was subsquendy subsritctcd for ihe
word "Provincial" by pmgraph 4(1) or ~ h cAhpration or h w s Order. 1950.
'Thcsc wnrds rind 6gu1c.c wcn? subslitutcd Tor rlrr word and f~gurc"scc~ion5"
by rhc Amcdinp Acl. 1903 (1 of 1903).
 T f ~ Betigal
e Lond-revenrre Sales Act, 1859. 333

Provided, howcvcr, hat nothing in his Act contained s h ~ l lbc Proviso.

conslrued lo debar any person considcrjng himsclr wrongcd by any acl
' or omission connected w i h a salc undcr this Acr from his rcrncdy in
a personal action for damages against [he pcrson by whosc acl or
omission he considers himself to havc been wrongcd.
34. If a sale made under h i s Act be annuHed by a final dccrcc
of a Civil Court, applica!ion for h e execuuon of such dccrcc shall bc
madc within six rnonlhs after [he date thereof; ohenvise thc party in
whosc favour such decree was passed shall lose all benefi~rhcrcfrom.
And no ordcr for rcsloring such dccree-holder 10 possession
shall be passed until any amount of surplus purchase-money that may
have been paid away by ordcr o l a Civil Coun be repaid by him, with
interest a1 the highesl rare of h c cumccnt Government securities.
And, if such p a y shall ncglccl to pay any arnounl so
recoverable wilhin six monrhs ifom thc datc of such final decree, he
shall lose a11 benefil herehorn.
35. In the event of a sale being annutled by a final decree of I i s d c mnullcd. pur-
chsc-moncy ro bc
a Coun of Justice, and the former proprielor bcing rcstorcd to rcfundcd.
possession, thc purchase-money shall be refunded lo the purchascr by
'[the Slale Govcrnmcnr], togclhcr wilh interest at the highest rare of h e
current public securilics.
36. Any suit broughl lo oust [he cerlified purchaser as Dismissnl or suit
aforesaid on the ground [hat lhc purchase was made on behalf of brw~ght la ousl pur-
chxcr on ground rhm
another pcrson not thc ccrlifjcd purchascr, or on behalf partly of himself purchsc was madc
and piirlly of another person, aough by agrccmenr the n m e of h e for anorher.
certified purchaser was uscd, shall bc disrnisscd with costs.
'37. ( 1 ) The purchaser of an enlirc estate in Ihc permanently Rights or a purchmcr
sertled districts of West Bengal sold under h i s Act for thc recovcry of or a permanently scr-
tied eslale sold Tor irr;
arrears due on accounl of [he same. shall acquire the cslate free from own man.
all encumbrances which may have been imposcd aflcr h e lime of
scttlemen! and shall be enlitld to avoid and annul all tenures, holdings
and lcascs wih [he following exceptions :-
(a) tenures and holdings which have been held from the lime OF
thc permanen1 serllcrnent eilher free of rent or at a fixed rent or fixcd
rate of renl, and
(b) (i) lenurcs and holdings no1 included in exception (a) abovc
made, and (ii) other leases of land whelher or nor for purposcs
conncclcd with agricuIrurc or horticullure,

'See Iwt-norc 2 on pagc 332, anfr.

'Subs~iiurcd by s. 4 of thc Bcngd Land-rcvcnuc Sales (\Vest Bcngd
Arncndrncn~)ACI, 1950 0Vcs1 Bcn. Act V I I 01 1950), ror ~ h coriginal s. 37.
 The 3erlgai Land-reverrrre Sales Act. 1859.

[Act X I

existing at the dale ofissue of the nolificahn for salc of be

estale undcr this Act :
Provided h a t norwithstanding anylhing contained in any law For the
rime k i n g i n forcc or in any l w - c or contract no person shdl
be cnlidcd to hold under such a purchwer as is doresaid any
Icnure, holding or lcase coming within cxcepLion (b) abovc
rnadc, frec oi rent or at o low renl or at a rent or rale of rent
fixed in perpcluily or far any specified period unlcss the
righl so lo hold has been expressly recognised undcr any law
for rhc time being in force by any compelcnr. civi! or revenue
coun; and the purchaser shall be ~nrilled10 proceed in Lhc
manner prcscribcd by any law lor UIC rime bejng in force Tor
thc de\ermina(ion of a f i r and cqulablc rcnr of such tenure,
holding or lease.
(2) For tl~cpurposes or Ulis seclion -
(a) (1) "lcnure" includes a renure as deiincd in thc Bcngal ~ e n a n c ~ VIlI uT.
Acl, 1885, and lES5.
(ii)"holdingl' includes a holding as defined in ihc Bcngal Tenancy
Acl, 2885;
(b) any rent which is lower than what has been entered in any *cord
of rights prcpared and finally published under Chapter X o i
thc Bengal Tuancy Act, 18115, before the commencerncnt of
IhcBcngalLand-revenueSdcs~cstBengalAmendmcnt~ west Bcn.
'
A#, 1950, shall bc presurncd lo bc a low rcnl; ~ c VII
t
o f 1950.
(c] Section 75A of rhe Bengal Tenancy ACI. 1885, shall not have ally
application.
Appliwlion (or '37A. Where any cstale or shuc of an cstatc h& been sold under
s t i ~ i n ga i d c (his Acl, the deiaulling holder of Lhe estate or of a share [hereof or any
131~.
who holds on jnteres~lherein by virlue of a utle acquired beforc
such sale or any person whose, intercsls are affected by fie sale may.
ar any time w i ~ l i nihny days from Ihc datc of the sale, apply lo ihe
Cdlcctor lo havc h e salc sci aside on his depositing w i chc ~
CaIlector-
(a) for payrncnl to l h e purchaser, a sum equd to h e c per cent of
the purchase-money bul no1 lcss than one rupce; and
(b) for payment to Ihe '~[SIP~C)govern men^, a sum equal to the
amounr spccificd in h e notification of sale as I h a for thc
rccovcry of wf~ichrhe sale was ordered (ogcthcr with mch
costs, if any, as the =istale] Govcrnmenl may havc incurred
subsequent LO [he issuc of such nodficaljon of sale.

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

ACI V I I of 1912).
'Substituld Tor lht word "Provincial" by pmgnph 4(1) or thc Adap~arionof
Laws Ordcr. 1950.
 Tlre BerrgoI Lotld-revetrrre Sales Act, 1859.

of 1859. ]

'370. (1) Norwihslanding anyhing contained elsewhere in this Sdc whcn

to bc sct
Acl where Ihc deposil required by scclion 37A is m d e within thirty
aside,
'days from h c darc or lhc sdc, lhc Collcclor shall make an order setting
aide thc sale, providcd [hat no ordcr shall be made unless !he nolice
of the application has bccn givcn lo tbc purchaser.
(2) No suit to set aside an order made under this section shall bc
brought by any person against whom such order is made.
(3) An appeal shall lie to the Commissioner against an ordcr madc
undcr sub-section (I)refusing to sel aside a salc il such appeal is
prciet rcd within thirty days from the date of thc order.
'37C. Wherc a sale is sct asidc undcr seclion 37B, h e purchser Rcrum 01
shall be enlitled to an order for repayment of his purchase-money with purchzc-rnoncy
in ccnain c z c s .
or without interesl as the Collector may direct. .

'37D.( I ) Where Lhe sale has been set aside at thc instancc of, and Amounl paid to
on h e deposit by, a person other kan h e defauhjng proprietor or prcvcnr salc l o bc
in ccnain
proprie~ors,h e arnounl paid for such setting aside of he sale, shall be
cmcs a rnongagc-
deemed to be a deb1 bearing inrerest a1 six per cell? per atu1ut)r and dcbr on ~ h ccslalc
secured by a mortgage of the eslate or a share thereof sold in favour of or s h v c thcrcol.
the said person.
(2) His mo-rlgageshall lake priority over cvcry othcr chargc on thc
said cslatc or share other lhan a chxgc for arrcars of rcvcnuc.

(3) He shall be enutled ro h e possession of the said esta:: or share

as morlgage of h e defaulting proprielor or proprietors and to relain
possession of it as such until the said debt w i h interest thereon hm been
discharged.

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

38. to 51. [Repealed by rlre BerlgaI htrd-revetlire Sales (Wesf

Betlgal A m e n d ~ ~ f l l Act,
r) 1950 (Wesr Berr. Act VII of /950.)]

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

apply i n Ihc casc of a purchaser of an eslalc -in a districl of
ttltuatrdis purchxcr o f an
u t a l c no1
Wesr Bengal not permanently settled, soId undcr this Act lor Ihc permancnrly scrllcd.
recovery of arrears duc on account of h c same. sold for irs own
amm.

'Insencd by s. 3 or rhc Bcngal Lnd-rcvcnuc S a l a (Amcndmcn~)Acl. 1942 (Ben.

Acr VlI or 1942).

'Substi~urcdby s. 6 01 rhc Bcngal Land-rcvcnuc Sdcs (Wcsl Hengal Amendmcnt)

Acr. 1950 [\Vcsr Bcn. Act V1t of 1950), lor thc original scction 52.
 Tl~eBetrgal Latzd-rever~ueSales ACI, 1859.

[Act XI

53. Excepung I* * * sharcrs with whom the Collcc~or,un-

der sections 10 md I I of lhis Acl, has opened separate accounls,
' purchase thc cslatc of which he is proprietor or co-pdner, or who by
rcpurchasc or olbenvisc may m o v e r possessjon of ae said eslarc,
aftcr il has bcen sold for arrears under 1h1s Acl, and likewise any
purchucr of an cstarc sold for arrcars or demands other lhan hose
accruing upon ilself, shall by such purchase acquire Lhc atale subjcct
u d or lo dl its encurnbmccs existing at the t i m of sale, and shall not
purchacr. acquire any tights in respect Lo undcr-ienant?, or miyair which were
or atntc no1
sold Tor JLS
not possessed by rhc prcvious proprielor at h e timc of the salc of the
own mm. said eslate.

54, Whcn a sharc or shares of an estate may be sold undcr Ihc

provisions dsecuon I3 or section 14, the purchaser shall acquircd the
share or shares subjcci to all encumbrances, and shall not acquire any
rights which were na pmrcssrd by ~ h cprevious owner or owners.
Rccavcry nf 55. Arrears of renr which on the latest day of paymcnl may bc
m m duc due lo the dcfauller Irom his under-lenanls or raiyots shaI1, in thc
la delaultcm.
cvent of a sale. be recoverable by hirn d ~ e rhe
r said latest day, by
any prmess exccpl disrraint which might have bcen used by him tor
that purpose on or beforc thc-laies~day.

56. Any Collector or othcr o l i i ~ r ras aforesaid conducting a

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

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

57. A default 10 makc good a bid by maktng [he deposit re-

quired by sccdon 22 of this ACLshall bc hcld b be a contempt.

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

'Thc words and figucc5 " s h ;a~ wnlcs under ban~~urm who may havc savctl
thcir shmn lmrn sdc undcr %cc\ions33 and 34. Regularlon XIX, 19.14, and" which
wcrc rcpdcd by thc h n d i n g A:[, 1891 (XI[ of 1S9l), are nmiucd.
 Tlre Ber~galLottd-revenue Sales Act, I859. 337

of 1859. ]

account of ~ h c'[State Government] Tor one rupee, or if h e highcsl bid

bc insufficicnl to cover the said arrears and rhose subscqucntIy accruing
up lo thc darc of sale, the Colletor or olher officer as aforesaid may takc
or p u r c h m thc cslale on accounl of the ' [ S l a i e G D V C ~ at
~ Cthc~ ~ ]
highesl amount of bid; in both which cases the '[Srale Govcmment]
shall acquire the propcrly subjcct to thc provisions of (his Acr.
by Collector.]-Rep. by rfle
59. [Fees atrd charges de~~rarldoble
Bengol Larrd-rcvetrwe Sales (Amend~nent)Act, 1862 (Bet). Act 111 oJ
1862.)
60. The provisions of Rqulahon VII, 18222, and Regulation IX, Rcgulaiions
18213, shall be in force in evcry watt in any part of which a VII, 1822. and
IX, 1825 in
measurement, survey, or local inquiry may bc madc under his Act, and
lorcc in ccnain
in every csme purchased or takcn on accounl of '[he Stalc
Government] under this Act.
61. In thc construclion of h i s Act h c word "Collec~ar"shall
include a Dcpuly Collec(or or other oficer cxcrcising, by the aulhority
of '[[he Stalc Govcmrnent~,the powers of a Collecror or Depuly
Collector.
62. The operauan of [his Act shall be confined ro such parts of Application
rhc Lowcr Provinces in lhc Presidency of Fort William in Bcngal as xe or
Act.
or shall be subject to thc gcncral Regulation of h a t Presidency.

'Thc words "RPvincial Covcrnrncnt" rxVcrcsubsritulcd for qhc word "Covcrn-

menr" by para. 3 and 1st Sch. of Ihc Govcrnrncnt or India (Adaplalian of Indian Laws)
Ordcr. 1937. and the word "Statc" w.u subscqucntiy subsutured lot lhc word "Pmvin-
cial" by p m g n p h 4 ( 1 ) or thc Adaplalim US h v s Ordcr, 1950.
?hc BcngaI Land-rcvcnuc Sclllcrncnr Rcgulaiion, 1822.
'Thc Bcngal Land-wvcnuc Sclrlcrncnr Rcgula~ion,1H25.
'Thc words "thc Provincial Covcrnmcnt" wcrc subsrirurcd lor thc word
"Govcmrncn~" by p m . 3 and thc Is1 Sch. o f ihc Govcmmcn' of I n d i ~(Adaprarion of
Indian Laws) Ordcr, 1937. m d thc word "Sla~e" w a subsqucntly substituted for thc
ward "Provincial" by p m g n p h 4(1) of hc Adaplarion or Laws Ordcr, 1950.
338 Tile B~pngol h d - r e v e r l r i e Sales Act. 1859.

[Act XI of 1859,]

'SCHEDULE A.

I ccrlify &at A. B. has purchucd, under Act No. 1 1 of 1859,

thc n~alraI (or shwe of a nrahal] specified bclow, standing in lhc
tarrzi of h: dislricl of and dtal his purchase look cffcct on
Ihc day of (bekg the du-Yofrer ilraf fued for fast day
of pavnrerlt).

(Signed.)

{uof an etrrirc mahal.)

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

Tauzi number of thc cntire tnaflp!

Name of ~ h centirc nzd~al
Sodarjunra of Ihc enlire ~llalrol
Description of lhc shuc sold
Subordinale farr~inumber or the share sold
Name of lhc former ~roprieiorof Ihc share sold
,Y&r Ja~rrafor which lhl: share sold is sepUalely liablc.

SCHEDULE B.

Rep. by d~lcA t ~ ~ e ~ l d Acr.

i t ~ g 1903 (1 oJ 1903).

'This Schedulc is referred lo in section 28.

 BENGAL ACTS -OF 1862 TO 1889,
IN FORCE IN WEST BENGAL.
Bengal Act Ill of 1862
[THEBENGAL LAND-REWNUB SALES (AMENDMENT)
ACT, 1862.']
SHORT
TTI'LE GIVEN .. Acr I of 1903.
Acr XII of I 873.

[
KEI%ILED IN PART .. AciIof1903.
Bcn. Act II of 1906.
E. B. and A. ACLI of 1907.
A~IWOED .. Ben. Act I of 1939.

P3rd April, 1862.J

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

WHEREAS it is expcdient lo extend Ihc period allowed for the rcgislry P-ble,
of '* * tenurcs' * * and lo a1 ter the scale of fees Dn certain applicalions For
t11coping: of sepxale accounts for shares or cntire estates, for deposit of
money OF Government securilies, and for regisuy of under-tcnures and
Farms;
it is cnacted ar fo1iows:-

I. [Repeal of sections 45 mrd 59 offhe Bengal Larrd-revearre Sales

Act. I859 (Xiof 1859)j. Rep. by rfre Hepealirig Acr. 1873 (XU of I873).

m.--ms shon ~ i d was

'SIIURT e givcn by [he Arncnding Act, 1903 (I of 1903).
k l EXTE?;T.-S~UCC
r
~ this ACI is ( ~ e escc~ion4. PDSI) ID k L:Wlicnmd m d as p u t or thc
Brngd Land-mvcnucSalcs ACI,1859 (XI of I8S9), ir hiu Ihc smc I dexrcnl ns that Act.
T k Act hasbceneklended, by no~ificalionundcr rbcSchcduledU~slriclsACI,1874(XIV
o f 1674). section 5. ro ht rollowing Scheduled Msuicls, nmcly:-
(klCrcsicrn Durn, in d~ JaIpiguri distric(. and
the DYjaling disvia.
'7hesc words nnd fipllrcs wcm substituud Tor "Acl X1 or 1 RSP (to imprnvc [he law
relaling 10u I t 5 OF I
d for yrrm uf mvrnut in ihC Luwcr PrnviRce~undcr rht Bcngnl
Prcsidcncy)"bys.2 mdhFmr SchcduleoClhlrB e n d R c p c d i n g d Amending Acr, 1938
(Ben. ACI1 of 1939).
'Tk w a d "under which w z repealed by h e Arncnding Acl. 1903 (1 01 1903). is
oniincd.
'The words "and farms" wcrc r e p l c d . ibid.
'The fin1 two p m p p h s were mpealcd, ibid.
 The Bet~golLa~d-reverrrreSal?s Attrmdraet~~
Act. 1862.

[Ben. Act III of 1862.1

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

R c s ro bc 3. Thc Collector on [he part of the Governmcnl shall be entitled ro

pGd a1 n l c s
nlcnlioncd in dcmand from applicanrs under '* " scclions I Sand 16, scclions 40,43 and
sch*ulc. I 1859=,k c not exceeding the rates specified in theschedulc
44, o ~ A c I Xof
to his ACIanncxcd, which schcdule shall be takcn as pimoihis Acr; and
applicalions undcr r hc said secuons shall not be received unless thc said
fees are tendered thcrewilh.
Acl to bc 4. This Act shall be takcn and read as pa? of the said Act XI of 1859:.
read as u v l

1. [Filitrg arr applicf~tion v~rdersectioaI0 or secrio~rI I of Act XI of

I859forapetrir~ga sepurutenccot~~~rfora slrare of a11e~rtireestule.j-Rep.
iil \Vestcnf Bc~rgaJ,by the Bettgnl h r ~ Registrufio~r
d (Anreild~nerr~) Act,
1906 (Beti. Acr I1 of1906) atld ill Ea.~rerrrSetrgal. by rlre Easrertl Bettgul
~ c t 1907
arrd Assarrr Larrrl Regirtratiot~(Alt~e~rd~~letrt) , (E. B. a j ~ dA. Act I
of 1907).

2. For filing an appIicntion-

for a deposit of rnoncy of Governmenr sccurilies under seclion 15 of
the said Acl-half per cerrr, of the amount deposited;
for any interest on Government sccurilies so depasiled drawn by the
Collector-haif per cent. of [he amount drawn.
For filing an application for wihdrawal of a deposit undcr section 16
of thc said Act-half per c e m of !he arnounl withdrawn.

3, For filing an applicadon, undcr sections 40,43 of 44 of the said

Act, for rhc rcgiskation oFan undcr-itnure or farrn-
iT the annual renL of lhc under-tenure or f m do not exceed 1,000
-rupees-at the ratc of tive per cetlt, on Lhc rcnt;
if the annual rent OF [he under-~cnurcor iarrn exceed 1,000rupees
-aL the abovc rate up lo 1 ,HI0 rupces, and aL one per cerrr. on all
above [ha[ amounl.
'Thc wurds imd f i g u ~ s"scclions 10 md 1 I:' rvcnr ~pmlcd,in Wcslern Bengnl, by
s. 16t4) of h c l3cngal h d Rrpisrm~ion(Arncnd~ncnl)Acl. 1906 (Ben. Act I1 oC 1906) and
in Exsrern Bengd. by s. 16(4) o f h e h r c m Bcngal and Assvo h d Rcgis~nlion
(Amcnd~ncnt)Aci. 1907 (E. 8.& A . A c t I o r 1907).andare onlincd.Theformct AcI has been
r e ~ a l e dby ~ h Bcngd
c h w s Acr. 1914 (Ben. Acl I ol 1914), and (he lilrtrr Act has bccn
extended ro iVcstcm Bcngal by ~ h usame Act.
T I I C Bcngal Land-wvenuc Sdcs Acl. 1854.