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 112: Produce of the land to be held hypothecated for the rent.
    The produce of the land is held to be hypothecated for the rent payable in respect thereof;
Arrears of rent may be recovered by distraint under the following rules.—and when an arrear of rent as defined in section XX of this Act, is due from any cultivator of land, the zemindar, lakherajdar, farmer, dependent talookdar, under-farmer, or other person entitled to receive rent immediately from such cultivator, instead of bringing suit for the arrear as hereinbefore provided, may recover the same by distraint and sale of the produce of the land on account of which the arrear is due under the following rules.
    Cultivators who have given security to be exempt from distraint.— Provided always that, when a cultivator has given security for the payment of his rent, the produce of the land for the rent of which security has been given, shall not be liable to distraint.
    Proviso.—Provided also that no sharer in a joint estate, dependent talook, or other tenure in which a division of lands has not been made amongst the sharers, shall exercise the power of distraint otherwise than through a manager authorized to collect the rents of the whole estate, talook, or tenure, on behalf of all the sharers in the same.
    Proviso.—Provided further that, in Putteedaree estates situated in districts under the Government of the Lieutenant-Governor of the North-Western Provinces, distraint shall be made only through a Lumberdar.
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