West bengal act 003 of 1862 : Bengal Land-Revenue Sales (Amendment) Act, 1862

Preamble

Bengal Land-Revenue Sales (Amendment) Act, 18621

[West Bengal Act No. 3 of 1862][23rd April, 1862]
Short Title Given .. Act I of 1903.
Repealed in Part .. Act XII of 1873. Act I of 1903. Ben. Act II of 1906. E.B. and A. Act I of 1907.
Amended .. Ben. Act I of 1939.

An Act to amend 2[the Bengal Land-revenue Sales Act, 1859].

Whereas it is expedient to extend the period allowed for the registry of 3[* * *] tenures 4[* * *] and to alter the scale of fees on certain applications for the opening of separate accounts for shares or entire estates, for deposit of money or Government securities, and for registry of under-tenures and farms;

It is enacted as follows:-

1 Short title.- This short title was given by the Amending Act, 1903 (I of 1903).

Local extent.- Since this Act is (see section 4, post) to be taken and read as part of the Bengal Land-revenue Sales Act, 1859 (XI of 1859), it has the same local extent as that Act.

The Act has been extended, by notification under the Scheduled District Act, 1874 (XIV of 1874), section 5, to the following Scheduled Districts, namely:-

the Western Duars, in the Jalpaiguri district, and

the Darjceling district.

2 These words and figures wens substituted for "Act XI or 1859 (to improve the law relating to sales of land for arrears of revenue in the Lower Provinces under the Bengal Presidency)" by s. 2 and the First Schedule of the Bengal Repealing and Amending Act, 1938 (Ben. Act I of 1939).

3 The word "under" which was repealed by the Amending Act, 1903 (I of 1903). is omitted.

4 The words "and farms" were repealed, ibid.

Section 1. [Repeal of sections 45 and 59 of the Bengal Land-revenue Sales Act, 1859 (XI of 1859)]

1. [Repeal of sections 45 and 59 of the Bengal Land-revenue Sales Act, 1859 (XI of 1859)].- 1[* * *]

1 Rep by the Repealing Act, 1873 (XII of 1873).

Section 2

2.- 5[* * *]

Limitation.- Applications for the registry of tenures created after the passing of this Act must be made within three months of the date of the deed constituting the tenure.

5 The first two paragraphs were repealed, ibid.

Section 3. Fees to be paid at rules mentioned in schedule

3. Fees to be paid at rules mentioned in schedule.- The Collector on the part of the Government shall be entitled to demand from applicants under 1[* * *] sections 15 and 16, sections 40, 43 and 44, of Act XI of 18592, fee not exceeding the rates specified in the schedule to this Act annexed, which schedule shall be taken as part of this Act; and applications under the said sections shall not be received unless the said fees are tendered therewith.

1 The words and figures "sections 10 and 11." were repealed, in Western Bengal, by s. 16(4) of the Bengal Land Registration (Amendment) Act, 1906 (Ben. Act II of 1906) and in Eastern Bengal, by s. 16(4) of the Eastern Bengal and Assam Land Registration (Amendment) Act, 1907 (E.B. & A. Act I of 1907). And are omitted. The former Act has been repealed by the Bengal Laws Act, 1914 (Ben. Act I of 1914), and the latter Act has been extended to Western Bengal by the same Act.

2 The Bengal Land-revenue Sales Act, 1859.

Section 4. Act to be read as part of Act XI 1859

4. Act to be read as part of Act XI 1859.- This Act shall be taken and read as part of the said Act XI of 18592.

2 The Bengal Land-revenue Sales Act, 1859.

Schedule

Schedule

Schedule of fees.

1. [Filing an application under section 10 or section 11 of Act XI of 1859 for opening a separate account for a share of an entire estate].- 1[* * *]

2. For filing an application-

for a deposit of money of Government securities under section 15 of the said Act-half per cent. of the amount deposited;

for any interest on Government securities so deposited drawn by the Collector-half per cent. of the amount drawn.

For filing an application for withdrawal of a deposit under section 16 of the said Act-half per cent. of the amount withdrawn.

3. For filing an application, under sections 40, 43 of 44 of the said Act, for the registration of an under-tenure or farm-

if the annual rent of the under-tenure or farm do not exceed 1,000 -rupees-at the rule of five per cent on the rent;

if the annual rent of the under-tenure or farm exceed 1,000 rupees-at the above rule up to 1,000 rupees, and at one per cent. on all above that amount.

1 Rep. in Western Bengal, by the Bengal Land Registration (Amendment) Act, 1906 (Ben. Act II of 1906) and in Eastern Bengal, by the Eastern Bengal and Assam Land Registration (Amendment) Act, 1907 (E.B. and A. Act I of 1907).

SECTIONS