Act Number: 10

Act Name: The Bengal Rent Act, 1859

Year: 1859

Enactment Date: 1859-04-29

Long Title: An Act to amend the law relating to the recovery of Rent in the Presidency of Fort Willian in Bengal.

Ministry: Ministry of Home Affairs

Department: Department of States

Section 1: Laws repealed and modified.
    The following Regulations and Acts and portions of Regulations and Acts are hereby repealed, except in far as they repeal any other Regulation or Act, and except as to proceedings commenced before the date of this Act coming into force, namely, Regulation XVII. 1793 (to empower landholders to distrain and sell the personal property of ryots &/c.), So much of Regulation IV. 1794 (to determine disputes regarding the grant of pottahs to ryots &c.) as is still in force, Regulation XXXV. 1795 (for better enabling individuals to recover arrears of rent or revenue due to them), Regulation XLV. 1795 (to empower landholders in the Province of Benares to distain &c.), Section IX and X regulation LI. 1795 (respecting ryotty pottahs in the Province of Benares), Section I to XX Regulation VII. 1799 (to enable landholders to realize their rents with greater punctuality &c.), Section I to XX Regulation V. 1800 (to enable landholders in the Province of Benares to realize their rents with greater punctuality &c.), Regulation XXVIII. 1803 (to empower landholder in the Ceded Provinces distrain &c.), Sections IX and X Regulation XXX. 1803 (prescribing rules for the grant in the Ceded Provinces of pottahs to ryots, &c.), Section IV Regulation II. 1805 (to provide a limitation of time for certain suits &c.), Section XIX Regulation VIII. 1805 (for extending certain regulation to the Ceded and Conquered Provinces &c.),Section V to XXIII Regulation V. 1812 (for amending some of the rules at present in force for the collection of the Land Revenue), Section XV and XVI Regulation XIX. 1817 (for amending certain Regulations in force relative to process for recovery of arrears of rent &c.), Section XXVII Regulation XX. 1817 (relating to resistance to distraint for arrears of rent &c.), Sections XVIII and XIX Regulation VIII. 1819 (relating to Putnee Talooks and the system established for the collection of rents generally &c.), Sections IV Regulation II. 1821 (relating to the duties of City and Zillah Judges &c.), Sections XXII, and so much of section XX and the following Sections of Regulation VII. 1822 (relating to the settlement of the Land Revenue in the Ceded Province and Cuttack, &c.) as apply to suits for rent, to complaints of excessive demand or undue exaction of rent, or of the non-delivery of pottahs or receipts, to suits against agents for money or accounts, or to any other suits or complaints arising out of disputes between landholders or farmers and their undertenants respecting the rent and occupancy of land, Regulation XIV, 1824 (for modifying the rules in force for referring to the Collectors’ summary suits in cases of arrear or exaction of rent), Regulation VIII, 1831 (for amending the existing provisions relative to the trial of summary suits and claims for arrears or exactions of rent), Act I of 1839 (relating to the appointment of persons to sell property distrained for the recovery of arrears to rent), Act X of 1846 (for regulating the proceedings in certain cases of distraint for arrears of rent)—and Act VIII of 1848 (to modify the provisions of Sections IX, X, XI and XIII of Regulation V. 1812 of the Bengal Code.) Sections XIV and XV Regulation IX. 1833 (for the more speedy decision of certain suits, and for enforcing the production of village account, &c.), so far as the same are applicable to the territories under the Government of the Lieutenant-Governor of Bengal, are also repealed.
    Such parts of Regulation VIII. 1793 (prescribing rules for the decennial settlement of the public Revenue in Bengal, Behar and Orissa, &c.), and Regulation XXX. 1803, as relate to the adjudication of penalties for the refusal of pottahs and receipts for rent and for the exaction of any sums as abwab or in excess of the amount specified in any engagements for the payment of rent, and such parts of Section XXVI Act I of 1845 (to amend Act No. XII of 1841, entitled an Act for amending the Bengal Code in regard to sales of land for arrears of Revenue), as relate to the enhancement of rents and the ejectment of tenants by the purchaser of an estate sold for arrears of Government Revenue, are declared subject to the following modifications.
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