BENGAL TENANCY ACT, 1885, CHAPTER 4A

CHAPTER IV A

Provisions as to transfers of tenures and holdings and landlord’s fees

18A. Saving as to statements instruments of transfer where land lord is no party. — Notwithstanding anything contained in section 13 of the Indian Evidence Act, 1872 nothing contained in any instrument of transfer to which the landlord is not a party shall be evidence against the landlord of the permanence, the amount or fixity of rent, the area, the transferability or any incident of any tenure or holding referred to in such instrument.

18B. Saving as to acceptance of landlord’s fees. — The acceptance by a landlord of the landlord’s fee payable under Chapter III or Chapter IV in respect of any tenure or holding shall not operate —

(a) as an admission of the permanence, the amount of fixity of rent, the area, the transferability or any incident of such tenure or holding, or

(b) as an express consent under section 88 to the division of such tenure or holding or to the distribution of the rent payable in respect thereof.

18C. Forfeiture of unclaimed landlord’s fees. — All landlord’s fees and landlord’s transfer fees deposited with the Collector before or after the commencement of the Bengal Tenancy (Amendment) Act, 1928, under Chapter III, IV or V, and all fees deposited with the Collector under sub-section (1) of section 48H, shall unless accepted or claimed by the landlord within five years from the date of service of notice, be forfeited to the Government.

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