BENGAL TENANCY ACT, 1885, CHAPTER 16 & 17

CHAPTER XVI

Limitation

Limitation in suits, appeals and applications in Schedule III.— (1) The suits, appeals and applications specified in Schedule III annexed to this Act shall be instituted and made within the time prescribed in that Schedule for them, respectively; and every such suit or appeal instituted, and application made, after the period of limitation so provided, shall be dismissed, although limitation has not been pleaded.

(2) Nothing in this section shall revive the right to institute any suit or . appeal or make any application which would have been barred by limitation if it had been instituted or made immediately before the commencement of this Act.

Portions of the Indian Limitation Act not applicable to such suits, etc., mentioned in Schedule III.— Sections 6, 7, 8 and 9 and subsection (2) of section 29 of the Indian Limitation Act, 1908, shall not and, subject to the provisions of this Chapter, the remaining provisions of that Act, shall apply to all suits, appeals and applications specified in Schedule III annexed to this Act.

CHAPTER XVII

Supplemental

Penalties

Penalties for illegal interference with produce.— (1) If any person, otherwise than in accordance with this Act or some other enactment for the time being in force,—

(a) distrains or attempts to distrain the produce of a tenant’s holding, or

(b) Omitted

(c) except with the authority or consent of the tenant, prevents or attempts to prevent the reaping, gathering, storing, removing, or otherwise dealing with any produce of a holding, he shall be deemed to have committed criminal trespass within the meaning of the Indian Penal Code.

(2) Any person who abets within the meaning of the Indian Penal Code the doing of any act mentioned in sub-section (1), shall be deemed to have abetted the commission of criminal trespass within the meaning of that Code.

Damages for denial of landlord’s title

186A. Damages for denial of landlord’s title. — (1) When, in any suit between a landlord and tenant as such, the tenant renounces his character as tenant of the landlord by setting up without reasonable or probable cause title in a third person or himself, the Court may pass a decree in favour of the , landlord for such amount of damages, not exceeding ten times the amount of the annual rent payable by the tenant, as ‘it may consider to be just.

(2) The amount of damages decreed under sub-section (1), together with any interest accruing due thereon, shall, subject to the landlord’s charge for rent, be a first charge on the tenure or holding of the tenant; and the landlord may execute such decree for damages and interest, either as a decree for a sum of money, or in any of the modes in which a decree for rent may be executed.

Agents and representatives of landlords

Power for landlord to act through agent.— (1) Any appearance application or act, in, before or to any Court or authority, required or authorised by this Act to be made or done by a landlord, may, unless the Court or authority otherwise directs, be made or done also by an agent empowered in this behalf by a written authority under the hand of the landlord.

(2) Every notice required by this Act to be served on, or given to, a landlord shall, if served on, or given to, an agent empowered as aforesaid to, accept service of or receive the same on behalf of the landlord, be as effectual for the purposes of this Act as if it had been served on, or given to, the landlord in person.

(3) Every document required by this Act to be signed or certified by a landlord, except an instrument appointing or authorising an agent, may be signed or certified by an agent of the landlord authorised in writing in that behalf.

Action to be taken collectively by co-sharer landlord or by their common agents except in certain cases.— (1) Subject to the provisions of section 148A, where two or more persons are co-sharer landlords, anything which the landlord is under this Act required or authorised to do must be done either by both or all those persons acting together or by an agent authorised to act on behalf of both or all of them :

Provided that one or more co-sharer landlords, if all the other co-sharer landlords are made parties defendant to the suit or proceeding in manner provided in sub-sections (1) and (2) of section 148A and are given the opportunity of joining in the suit or proceeding as co-plaintiffs or co-applicants, may —

(i) Omitted

(ii) bring a suit for enhancement of the rent of a tenure under section 7 or of a holding under section 30, or for alteration of rent on account of alteration in area under section 52,

(iii) bring a suit for ejectment of a tenant on the grounds specified in section 10, clause (b) of section 18, section 25, or clause (a), clause (b), or clause (c) of section 44, or in accordance with the provisions of section 48C or section 66,

(iv) make application as regards improvements under sections 78, 80 and 81,

(v) apply for measurement under sections 90 and 91,

(vi) file an application under section 105,

(vii) bring a suit under section 106,

(viii) apply for record of private lands under section 118,

(ix) apply for the determination of the incidents of a tenancy under section 158,

(x) apply to the Collector for a declaration under sub-section (3) of section 180.

(2) Any decree passed or order made in a suit or proceeding in which the conditions set forth in sub-section (1) of this section have been complied with, shall have the effect of a decree passed or order made, on the application of the sole landlord or the whole body of landlords, arid shall take effect as regards the whole tenure or holding, as the case may be :

Provided that where a suit is brought under section 7 or section 30 for enhancement of rent, or under section 52 for alteration of rent, or where an application is made under section 105 by a co-sharer landlord for settlement of rent, the Court or Revenue-officer, as the case may be, when the rent has been fixed or settled shall distribute any amount by which the rent has been increased or reduced between the co-sharer landlords of the tenancy in proportion to their respective shares in such tenancy whether they have or whether they have not jointed as plaintiffs or applicants, and such distribution shall be binding on all the co-sharer landlords as if they had all sued or applied for the same, and for the purposes of any appeal, application or suit in regard to such distribution they shall be deemed to have sued or applied under sub-section (1) of this section together with co-sharer plaintiff or applicant.

188A. Procedure in suits by joint landlords. — Repealed by s. 120 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

Rules under Act

Power to make rules regarding procedure, powers of officers and service of notices.— The State Government may, from time to time, by notification in the Official Gazette, make rules consistent with this Act—

(1) to regulate the procedure to be followed by Revenue-officers in the discharge of any duty imposed upon them by or under this Act, and may by such rules confer upon any such officer—

(a) any power exercised by a Civil Court in the trial of suits;

(b) power to enter upon any land, and to survey, demarcate and make a map of the same, and any power exercisable by an officer under the Bengal Survey Act, 1875; and

(c) power to cut and thresh the crops on any land and weigh the produce, with a view to estimating the capabilities of soil; and

(2) to prescribe the forms to be used, and the mode of service of notices issued, under this Act, where no form or mode is provided in this or any other Act;

(3) Omitted

(4) to prescribe the authority by whom the fees deposited under sections 12, 13, 15, 17 and 18, may be declared to be forfeited; and the mode in which such fees, when so forfeited, shall be dealt with; and

(5) to provide for all or any of the following matters, namely :

(a) the manner of publication of —

(i) notifications under sub-section (3) of section 1;

(ii) price lists under sub-section (3) of section 39;

(iii) notices under sub-section (2) of section 87;

(iv) the draft record-of-rights under sub-section (1) of section 103A;

(v) the record-of-rights under sub-section (2) of section 103A;

(vi) tables of rates under sub-section (2) of section 104B;

(vii) the draft settlement rent-roll under sub-section (1) of section 104E;

(viii) proclamation under clause (d) of sub-section (3) of section 163; and

(ix) the rules made by authorities other than the State Government or the High Court under sub-section (2) of section 190;

(b) Omitted

(c) the amount of fees

(i) for processes referred to in sub-section (2) of section 12, in sub sections (1), (2), (3), (4) and (5) of section 26C, in sub-section (6) of section 26G, in sub-section (2) of section 85A and in sub-section (2) of section 88;

(ii) for service of notice referred to in sub-section (1) of section 13; and

(iii) referred to in sub-section (2) of section 61 and in sub-section (6) of section 88;

(cc) the manner of filing the notices referred to in sub-section (2) of section 12, in sub-section (1) of section 13, and in sub sections (1), (2), (3) and (4) of section 26C;

(d) the amount of the cost of transmission of fees or other monies;

(e) the manner of payment or tender of rent by postal money-order;

(f) the manner of verification of application under sub-section (2) of section 80;

(g) the information to be contained in the applications referred to in sub-section (2) of section 80;

(h) the form of the register referred to in clause (a) of sub-section (2) of section 99A and the particulars to be therein entered;

(i) the manner of making a survey and preparing a record-of rights under sub-section (4) of section 101;

(j) the particulars referred to in the proviso to clause (j) of section 102;

(k) the period of publication of the draft record-of-rights under sub-section (1) of section 103A and of the draft settlement rent-roll under sub-section (1) of section 104E;

(l) the manner in which objections shall be considered and disposed of under sub-section (2) of section 103A;

(m) the empowering of the “confirming authority” referred to in sub-section (4) of section 104B;

(n) the superior Revenue authority referred to in section 104G;

(o) the stamp to be borne by applications under sub-section (1) or sub-section (2) of section 105;

(p) Omitted

(q) any other matter required or permitted under this Act to be prescribed.

Procedure for making publication and confirmation of rules.— (1) Every authority having power to make rules under any section of this Act shall before making the rules, publish a draft of the proposed rules for the information of persons likely to be affected thereby.

(2) The publication shall be made, in the case of rules made by the State Government or High Court in such manner as may in its opinion be sufficient for giving information to person interested, and, in the case of rules made by any other authority, in the prescribed manner :

Provided that every such draft shall be published in the Official Gazette.

(3) There shall be published with the draft a notice specifying a date of publication, at or after which the draft will be taken into consideration.

(4) The authority shall receive and consider any objection or suggestion which may be made by any person with respect to the draft before the date so specified.

(5) The publication in the Official Gazette of a rule purporting to be made under this Act shall be conclusive evidence that it has been duly made.

(6) All rules made under this Act may, from time to time, subject to the sanction (if any) required, for making them, be amended, added to or cancelled by the authority having power to make the same.

Provisions as to temporarily-settled districts

Settlement of rent of land held in a district not permanently settled.— Where the area comprised in a tenure or holding is situate in an estate not subject to a subsisting permanent settlement and when,

(a) land-revenue is for the first time made payable in respect of the land, or

(b) land-revenue having been previously payable in respect of it, a fresh settlement of land-revenue is made, nothing in this Act or in any lease or contract made after the passing of the Bengal Tenancy Act, 1885, shall entitle any tenant to hold his tenancy free of rent or at a particular rent, unless in the case of a fresh settlement made under clause (b) the right so to hold beyond the term of the previous settlement has been expressly recognised at the previous settlement by a Revenue authority empowered by the State Government to make definitively or confirm settlements, and the Revenue-officer may, notwithstanding anything in the contract between the parties by order, on the application of the landlord or of the tenant or of his own motion fix a fair and equitable rent for all grades of tenants in accordance with the principles laid down in sections 6, 7, 8, 9, 27 to 36, 38, 39, 43, 50 to 52 and 180 :

Provided that, notwithstanding anything contained in sub-section (3) of section 7 he may divide the minimum profit of ten per centum provided for in that sub-section among two or more grades of tenure-holders if such exist.

Power to alter rent in case of new assessment of revenue.— Amalgamated with section 191 by section 122 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

Rights of pasturage, etc.

Rights of pasturage, forest-rights, etc.— The provisions of this Act applicable to suits for the Rights of recovery of arrears of rent shall, as far as may be, apply to suits for the recovery of anything payable or deliverable in respect of any rights of pasturage, forest-rights, rights over fisheries and the like.

Saving for conditions binding on landlords

Tenant not enabled by Act to violate conditions binding on landlord.— Where a proprietor or permanent tenure-holder holds his estate or tenure subject to the observance of any specified rule or condition, nothing in this Act shall entitle any person occupying land within the estate or tenure to do any act which involves a violation of that rule or condition :

Provided that this section shall not apply to a raiyat or an under-raiyat doing any act in exercise of the rights conferred by this Act upon raiyats’ or under-raiyats’, as the case may be.

Saving for special enactments

Savings for special enactments.— Nothing in this Act shall affect —

(a) the powers and duties of Settlement-officers as defined by any law not expressly repealed by this Act;

(b) any enactment regulating the procedure for the realisation of rents in estates belonging to the Government, or under the management of the Court of Wards or of the Revenue authorities;

(c) any enactment relating to the avoidance of tenancies and incumbrances by a sale for arrears of the Government revenue;

(d) any enactment relating to the partition of revenue paying estates;

(e) any enactment relating to patni-tenures in so far as it relates to those tenures, except that —

(i) the provisions of section 67 and clause (i) of sub-section (1) of section 178 shall apply to all patni-tenures, and

(ii) the expression “Khtulkast raiyat or resident and hereditary cultivator” in sub-section (3) of section 1 I of the Bengal Patni Taluks Regulation, 1819, shall be deemed to include all raiyats’having a right of occupancy; or

(f) any other special or local law not repealed either expressly or by necessary implication by this Act.

Protection for certain acts

195A. Protection in certain cases for acts done. — No suit or other proceeding shall be instituted against the Government or against any officer of the Government in respect of anything done by the registering officer, the Collector or the Court in regard to the receiving, distribution or payment of the landlord’s fee or the landlord’s transfer fee :

Provided that nothing in this section shall prevent any person entitled to receive the amount of any such landlord’s fee or landlord’s transfer fee or any portion thereof from recovering the same from a person to whom it has been paid by the Collector or the Court.

Act to be read subject to Acts hereafter passed by Lieutenant-Governor of Bengal in Council.— Repealed by section 125 of the Bengal Tenancy (Amendment) Act, 1928 (Bengal Act No. 4 of 1928).

Schedule I

Repeal of Enactments

(See section 2)

Regulations of the Bengal Code

Number and years          Subject of Regulation     Extent of repel

[VIII of 1793]      A Regulation for reenacting with modifications, and amendment the rules for the Decennial Settlement of the Public Revenue payable from the lands of the Zamidars, independent talukdars and other actual proprietors of land in Bengal, Bihar and Orissa, passed for those Provinces respectively on the 18th September, 1789, the 25thNovember, 1789, and the 10thFebruary, 1790 and subsequent dates.         Sections 51, 52, 53, 54, 55, 64 and 65

[XII of 1805]        A Regulation for the Settlement and collection of the Public Revenue in the zilla of Cuttak, including the parganas of Pataspur, Kamardachor and Bhograi, at present included in the zilla of Midnapore.  Section 7.

[V of 1812]          A Regulation for amending some of the rules at present in force for the collection of the land revenue.                Section 2, 3, 4, 26 and 27.

[XVII]    A Regulation for explaining section 2 , Regulation V, 1812 and rescinding sections 3 and 4 , Regulation XLIV 1793 and enacting other rule in lieu thereof.          The preamble and section 2 and 3.

[XI of 1825]         A Regulation for declaring the rules to be observed in determining claims to lands gained by alluvion by dereliction of a river or the sea. In Clause (1) of section 4, from including the words “Nor if annexed to a subordinate tenure” to the end of the clause.

Acts of the Bengal Council

[VI of 1862]         An Act to amend Act No. 10 of 1859 (to amend the law relating to the recovery of rent in the Presidency of Fort William in Bengal).  The whole Act.

[IV of 1867]         An Act to explain and amend Act No. 6 of 1862, passed by the Lieutenant-Governor of Bengal in Council, and to give validity to certain judgments.              The whole Act.

[VIII of 1869]      An Act to amend the Procedure in suits between landlords and tenants.               The whole Act

[VIII of 1879]      An Act to define and limit the power of Settlement- officers.      The whole Act

Act of the Governor General-in-Council

[X of 1859]          An Act to amend the law relating to the recovery of tent in the Presidency of Fort William in Bengal         The whole Act.

Schedule II

Particulars of receipt Particulars of receipt

(See section 56 and 57)

Particulars of receipt (Landlord’s portion)             Particulars of receipt(Tenant’s portion)

  1. Serial number of receipt. Serial number of receipt.
  2. Name of village, pragana, thana. Name of village, pragana, thana.
  3. (a) Name of the estate and tauzi number to which the land appertains, and

(b) (If the landlords are not the proprietors) name, if any, of the tenure or holding, of the landlord.

(a) Name of the estate and tauzi number to which the land appertains, and

(b) (If the landlords are not the proprietors) name, if any, of the tenure or holding, of the landlord.

  1. Name or names of the landlord or landlords and the nature of their interest. Name or names of the landlord or landlords and the nature of their interest.
  2. Tenant’s name. Tenant’s name.
  3. Particulars of the tenure or holding for which rent is paid,—

(a) Serial number of the landlord’s rent-roll, and if a record-of-rights has been prepared, serial number of the tenancy in it.

(b) Area.

(c) Annual rent (cash or fixed quantity of produce or both as the case may be).

(d) Annual road and public works cesses.

(e) Jalkar, bankar and phalkar.

Particulars of the tenure or holding for which rent is paid,—

(a) Serial number of the landlord’s rent-roll, and if a record-of-rights has been prepared, serial number of the tenancy in it.

(b) Area

(c) Annual rent (cash or fixed quantity of produce or both as the case may be).

(d) Annual road and public works cesses.

(e) Jalkar, bankar and phalkar.

  1. Amount paid, specifying for which of the items (c), (d) and (e) and for which year and kist. Amount paid, specifying for which of the items (c), (d) and (e) and for which year and kist.
  2. Date of payment. Date of payment.
  3. Signature of landlord or his authorised agent. Signature of landlord or his authorised agent.

Particulars of statement ofaccount (Landlord’s portion) Particular of statement of account (Tenant’s portion)

  1. Serial number of receipt Serial number of receipt
  2. Name of village, pargana, thana. Name of village, pargana, thana.
  3. (a) Name of the estate and tauzi number to which the land appertains, and

(b) (If the landlords are not the proprietors) name, if any, of the tenure or holding, of the landlord.

(a) Name of the estate and tauzi number to which the land appertains, and

(b) (If the landlords are not the proprietors) name, if any, of the tenure or holding, of the landlord.

  1. Name or names of the landlord or landlords and the nature of their interest. Name or names of the landlord or landlords and the nature of their interest.
  2. Tenant’s name. Tenant’s name.
  3. Particulars of the tenure or holding for which rent is paid,—

(a) Serial number of the landlord’s rent-roll, and if a record-of-rights has been prepared, serial number of the tenancy in it.

(b) Area.

(c) Annual rent (cash or fixed quantity of produce or both as the case may be).

(d) Annual road and public works cesses.

(e) Jalkar, bankar and phalkar.

Particulars of the tenure or holding for which rent is paid,—

(a) Serial number of the landlord’s rent-roll, and if a record-of-rights has been prepared, serial number of the tenancy in it.

(b) Area.

(c) Annual rent (cash or fixed quantity of produce or both as the case may be).

(d) Annual road and public works cesses.

(e) Jalkar, bankar and phalkar.

  1. Amounts due at the beginning of the year :-

(a) under each of the items (c), (d) and (e) and for which years; and

(b) as interest on above.

 

Amounts due at the beginning of the year :-

(a) under each of the items (c), (d) and (e) and for which years; and

(b) as interest on above.

  1. Amounts paid during the year against each of the above dues, with dates of payment and serial number of the rent. Amounts paid during the year against each of the above dues, with dates of payment and serial number of the rent.
  2. Amounts remaining due at the end of the year. Amounts remaining due at the end of the year.
  3. Date of the statement of account. Date of the statement of account.
  4. Signature of landlord or his authorised agent. Signature of landlord or his authorised agent.

Schedule III

Limitation

(See section 184)

PART I — Suits

Description of suit           Period of limitation         Time from which period begins to run

1              To eject any tenure-holder, raiyat or under-raiyat on account of any breach of a condition in respect of which there is a contract expressly providing that ejectment shall be the penalty of such breach.       One year             The date of the breach.

1(a).       To eject a non-occupancy-raiyat or under-raiyat on the ground of the expiration of the term of his lease.             Six months                The expiration of the term.

2              For the recovery of an arrear of rent in a suit brought by —

(i) a sole landlord,

(ii) the entire body of landlords, or,

(iii) one or more co-sharer landlords—

(a) when the arrear fell due before a deposit was made under section 61 on account of the rent of the same tenure or holding,                Six month            The date of the service of notice of the deposit or presentation of the postal money-order, as the case may be.

(b) in other cases             Six month            The last day of the agricultural year in which the arrear fell due.

3              To recover possession of land claimed by the plaintiff as a raiyat or an under-raiyat.         Two years           The date of dispossession.

Part II — Appeals

Description of suit           Period of limitation         Time from which period begins to run

4              From any decree or order under this Act, to the Court of a District Judge or Special Judge.            Thirty days          The date of the decree of order appealed against.

5              From any order of a Collector under this Act, to the Commissioner.          Thirty days          The date of the order appealed against.

Part III – Applicants

Description of suit           Period of limitation         Time from which period begins to run

6              For the execution of a decree or order made in a suit between landlord and tenant to whom the provisions of this Act are applicable, and not being a decree for a sum of money exceeding Rs. 500. exclusive of any interest which may have accrued after decree upon the sum decreed, but inclusive of the costs of executing such decree; except where the judgment-debtor has by fraud or force prevented the execution of the decree, in which case the period of limitation shall be governed by the provisions of the Indian Limitation Act, 1908 :

Provided that, where a sale in execution of arrears of rent is set aside on application, the proceedings in execution shall continue and the time between the date of such sale and the. date of the order setting it aside shall be excluded from the period of limitation provided by this Article.

Three days          (1) The date of the decree or order; or

(2) where there has been an appeal, the date of final decree or order of the Appellate Court: or

(3) where there has been a review of judgement, the date of the decision passed on the review.