BENGAL TENANCY ACT, 1885

BENGAL TENANCY ACT, 1885

S.1 Short title.

S.2 Repeal.

S.3 Definitions.

S.4 Classes of tenants.

S.5 Meaning of "tenure-holder" and "raiyat".

S.6 Tenure held since Permanent Settlement liable to enhancement only in certain cases.

S.7 Limits of enhancement of rent of tenures.

S.8 Power to order progressive enhancement.

S.9 Rent once enhanced may not be altered for fifteen years.

S.10 Permanent tenure-holder not liable to ejectment.

S.11 Transfer and transmission of permanent tenure.

S.12 Voluntary transfer of permanent tenure.

S.13 Transfer of permanent tenure by sale in execution of decree other than decree for rent.

S.14 Transfer of permanent tenure by sale in execution of decree for rent.

S.16 Bar to recovery of rent, pending notice of succession.

S.16(a) Interpretation.

S.17 Transfer of, and succession to, share in permanent tenure.

S.18 Incidents of holdings at fixed rates.

S.18(a) Saving as to statements instruments of transfer where landlord is no party.

S.18(b) Saving as to acceptance of landlord’s fees.

S.18(c) Forefeiture of unclaimed landlord’s fees.

S.19 Continuance of existing occupancy-rights.

S.20 Definition of "settled raiyat".

S.21 Settled raiyats to have occupancy-rights.

S.22 Effect of acquisition of occupancy-right by landlord.

S.23 Rights of raiyat in respect of use of land.

S.23(a) Rights of occupancy-raiyat and landlord in trees.

S.24 Obligation of raiyat to pay rent.

S.25 Protection from eviction except on specified grounds.

S.26 Devolution of occupancy-right on death.

S.26(a) Application of sections 26B to 26J.

S.26(b) Holdings of occupancy-raiyats with occupancy-rights transferable.

S.26(c) Manner of transfer and notices to landlord and co-sharers.

S.26(d) Landlord’s transfer fee.

S.26(e) Procedure on sale in execution of a decree, certificate or foreclosure of mortgage.

S.26(f) Power of co-sharer of transfer or to purchase.

S.26(g) Limitation on mortgage by occupancy-raiyat.

S.26(h) Transfer of rent-free holdings.

S.26(i) Interpretation and savings.

S.26(j) Landlord’s transfer fee with compensation in certain cases of transfer.

S.27 Presumption as to fair and equitable rent.

S.28 Restriction on enhancement of money rents.

S.29 Enhancement of rent by contract.

S.30 Enhancement of rent by suit.

S.31 Rules as to enhancement on ground of prevailing rate.

S.31(a) What may be taken in certain districts to be the "prevailing rate".

S.31(b) Limit to enhancement of prevailing rate.

S.32 Rules as to enhancement on ground of rise in prices.

S.33 Rules as to enhancement on ground of landlord’s improvement.-

S.34 Rules as to enhancement on ground of increase in productive powers due to fluvial action.

S.35 Enhancement by suit to be fair and equitable.

S.36 Power to order progressive enhancement.

S.37 Limitation of right to bring successive enhancement suits.

S.38 Reduction of rent.

S.39 Price-lists of staple food-crops.

S.40 Commutation of rent payable in kind.

S.40(a) Period for which commuted rents are to remain unaltered.

S.41 Application of Chapter.

S.42 Initial rent of non-occupancy-raiyat.

S.43 Conditions of enhancement of rent.

S.44 Grounds on which non-occupancy-raiyat may be ejected.

S.45 Conditions of ejectment on ground of expiration of lease.

S.46 Conditions of ejectment on ground of refusal to agree to enhancement.

S.47 Explanation of "admitted to occupation".

S.47(a) Application of Chapter VII to under-raiyats.

S.48 Liability of under-raiyat to pay rent.

S.48(a) Enhancement of rent of under-raiyat.

S.48(b) Enhancement by contract.

S.48(c) Ejectment of under-raiyat.

S.48(d) Enhancement by suit.

S.48(e) Application for restitution by under-raiyat.

S.48(f) Incidents of holding of under-raiyat.

S.48(g) Occupancy-rights of under-raiyat.

S.48(h) Provision as to salami.

S.49 Mortgage by under-raiyat.

S.49(a) Application of Chapter.

S.49(b) Restrictions on transfer of tenant rights.

S.49(c) Lease by tenure-holder.

S.49(d) Sub-letting by raiyat.

S.49(e) Usufructuary mortgage by tenure-holder, raiyat or under-raiyat.

S.49(f) Application to Collector for transfer in certain cases.

S.49(g) Courts not to register, or recognize as valid, transfers in contravention of this Chapter.

S.49(h) Power to Collector to set aside improper transfers by tenure-holder, raiyat or under-raiyat.

S.49(j) Resettlement of certain tenancies.

S.49(k) Restriction on the sale of tenant’s rights under order of Court.

S.49(l) Stay of execution of decrees.

S.49(m) Appeal and revision.

S.49(n) Bar to suits.

S.49(o) Saving of certain transfers.

S.50 Rules and presumptions as to fixity of rent.

S.51 Presumption as to amount of rent and conditions of holding.

S.52 Alteration of rent in respect of alteration in area.

S.53 Instalments of rent.

S.54 Time and place for payment of rent.

S.55 Appropriation of payments.

S.56 Tenant making payment of his landlord entitled to a receipt.

S.57 Tenant entitled to full discharge or statement of account at close of year.

S.58 Penalties and fine for withholding receipts and statements of accounts and failing to keep counterparts.

S.59 State Government to prepare forms of receipt and account.

S.60 Effect of receipt by registered proprietor, manager or mortgagee.

S.61 Application to deposit rent in Court.

S.62 Receipt granted by Court for rent deposited to be a valid acquittance.

S.63 Procedure for payment to the landlord of rent deposited.

S.64 Payment of refund of deposit.

S.64(a) Penalty for refusing to receive rent tendered by postal money-order or deposited.

S.65 Liability to sale for arrears in case of permanent tenure, holding at fixed rates or occupancy-holding.

S.66 Ejectment for arrears in other cases.

S.67 Interest on arrears.

S.68 Power to award damages on rent withheld without reasonable cause, or to defendant improperly sued for rent.

S.69 Order for appraising or dividing produce.

S.70 Procedure where officers appointed.

S.71 Rights and liabilities as to possessions of crop.

S.72 Tenant not liable to transferee of landlord’s interest or rent paid to former landlord, without notice of the transfer.

S.73 Liability for rent before transfer of occupancy-holding.

S.74 Abwab, etc., illegal.

S.74(a) Fine for realisation of abwab, etc.

S.75 Penalty for exaction by landlord from tenant of sum in excess of the rent payable.

S.75(a) Suspension of provisions relating to enhancement of rent.

S.76 Definition of "improvement".

S.77 Right to make improvements in case of holding at fixed rates and occupancy holding.

S.78 Collector to decide question as to right to make improvement, etc.

S.79 Right to make improvements in case of non-occupancy holding.

S.80 Registration of landlord’s improvements.

S.81 Application to record evidence as to improvement.

S.82 Compensation for raiyats’ or under-raiyats’ improvements.

S.83 Principle on which compensation is to be estimated.

S.84 Acquisition of land for building and other purposes.

S.85 Restriction on sub-letting.

S.85(a) Surrender by tenure-holders.

S.86 Surrender.

S.86(a) Abatement of rent on account of diluvion and re-entry into loads which re-appear.

S.87 Abandonment.

S.88 Division of tenancy not valid unless consented to by all parties or ordered by Civil Court.

S.89 No ejectment except in execution of decree.

S.90 Landlord’s right to measure land.

S.91 Power for Court to order tenant to attend and point out boundaries.

S.92 Standard of measurement.

S.93 Power to call upon co-owners to show cause why they should not appoint a common manager.

S.94 Power to order them to appoint a manager if cause is not shown.

S.95 Power to appoint manager if order is not obeyed.

S.96 Power to nominate person to act in all cases under clause (b) of section 95.

S.97 The Court of Wards Act, 1879, applicable to management by Court of Wards.

S.98 Provisions applicable to manager.

S.99 Power to restore management to co-owners.

S.99(a) Appointment of common agent.

S.100 Power to make rules.

S.101 Power to order survey and preparation or record-or-rights.

S.102 Particulars to be recorded.

S.102(a) Power to order survey and preparation of record-of-rights as to water.

S.103 Power for Revenue-officer to record particulars on application of proprietor, tenure-holder or large proportion of raiyats.

S.103(a) Preliminary publication, amendment and. final publication of record-of-rights.

S.103(b) Certificate of, and presumption as to, final publication and presumption as to correctness, of record-of-rights.

S.104 Settlement of rents and preparation of Settlement Rent-roll when to be undertaken by Revenue-officer.

S.104(a) Procedure for settlement of rents and preparation of Settlement Rent-roll under this Part.

S.104(b) Contents of Table of Rates.

S.104(c) Application of Table of Rates.

S.104(d) Rules and principles to be followed in framing Table of Rates and settling rents in accordance therewith.

S.104(e) Preliminary publication and amendment of Settlement Rent-roll.

S.104(f) Final revision of Settlement Rent-roll, and incorporation of the same in the record-of-rights.

S.104(g) Appeal to, and revision by, superior Revenue authorities.

S.104(h) Jurisdiction of Civil Courts in matters relating to rent.

S.104(j) Presumptions as to rents settled under sections 104A to 104G.

S.105 Settlement of rents by Revenue-officer in cases where a settlement of land revenue is not being or is not about to be made.

S.105(a) Decision of questions arising during the course of settlement of rents under this Part.

S.105(b) Court-fees for raising an issue under section 105A.

S.105(c) Costs not to be awarded ordinarily in proceedings under section 105 by Revenue-officer.

S.106 Institution of suit before a Revenue-officer.

S.107 Procedure to be adopted by Revenue-officer.

S.108 Revision by Revenue-officer.

S.108(a) Correction by Revenue-officer of mistakes in record-of-rights.

S.109 Bar to jurisdiction of Civil Courts.

S.109(a) Appeals from decisions of Revenue-officers.

S.109(b) Power of Revenue-officer to presume that agreements or compromises are lawful.

S.109(c) Power to Revenue-officer to settle rents on agreement.

S.109(d) Note of decisions on record.

S.110 Date from which settled rent takes effect.

S.111 Stay of proceedings in Civil Court during preparation of record-of-rights.

S.111(a) Limitation of jurisdiction of Civil Courts in matters, other than rent, relating to record-of-rights.

S.111(b) Stay of suits in which certain issues arise.

S.112 Power to authorise special settlement in special cases.

S.113 Periods for which rents as settled are to remain unaltered.

S.114 Expenses of proceedings under this Chapter.

S.115 Presumption as to fixity of rent not to apply where record-of-rights has been prepared.

S.115(a) Demarcation of village boundaries.

S.115(b) Correction by Revenue-officer of mistakes in record-of-rights.

S.115(c) Appeals from decisions of Revenue-officers.

S.116 Saving as to certain lands.

S.117 Power for State Government to order survey and record of proprietor’s private lands.

S.118 Power for Revenue-officer to record private land on application of proprietor for tenant.

S.119 Procedure for recording private land.

S.120 Rules for determination of proprietor’s private land.

S.121 to 142. .

S.143 Power to modify Civil Procedure Code in its application to landlord and tenant suits.

S.144 Jurisdiction in proceedings under Act.

S.145 Naibs or gumashtas to be recognised agents.

S.146 Special register of suits.

S.146(a) Joint and several liability for rent of co-sharer tenants in a tenure or holding.

S.146(b) Procedure in rent suit against co-sharer tenants in a tenure or holding.

S.147 Successive rent suits.

S.147(b) Regard to be had by Civil Courts to entries in record-of-rights.

S.148 Procedure in rent suits.

S.148(a) Power of co-sharer landlord to sue for rent in respect of his share in a tenure or holding against the tenure or holding on making remaining co-sharers parties.

S.149 Payment into Court of money admitted to be due to third person.

S.150 Payment into Court of money admitted to be due to landlord.

S.151 Provision as to payment of portion of money.

S.15 Court to grant receipt.

S.153 Appeals in rent suits.

S.153(a) Deposit on application to set aside ex-parte decree.

S.154 Date from which decree for enhancement takes effect.

S.155 Relief against forfeitures.

S.156 Rights of ejected raiyats or under-raiyats in respect of crops and land prepared for sowing.

S.157 Power for Court to fix fair rent as alternative to ejectment.

S.158 Passing of tenure or holding sold in execution of decree or certificate.

S.159 General powers of purchaser as to avoidance of incumbrances.

S.160 Protected interests.

S.161 Meaning of "incumbrance" and "registered and notified incumbrance".

S.162 Application for sale of tenure or holding.

S.163 Combined order of attachment and proclamation of sale to be issued.

S.164 Sale of tenure or holding subject to registered and notified incumbrances, and effect thereof.

S.165 Sale of tenure or holding with power to avoid all incumbrances, and effect thereof.

S.166 Sale of occupancy-holding with power to avoid all incumbrances, and effect thereof.

S.167 Procedure for annulling incumbrances under sections 164, 165 or 166.

S.168 Power to direct that occupancy-holding be dealt with under sections 159 to 167 as tenures.

S.168(a) Attachment and sale of tenure or holding for arrears of rent due thereon, and liability of purchasers thereof.

S.169 Rules for disposal of the sale-proceeds.

S.170 Tenure or holding to be released from attachment only on payment into Court of amount of decree, with costs, or on confession of satisfaction by decree-holder.

S.171 Amount paid into Court to prevent sale to be in certain cases a mortgage-debt on the tenure or holding.

S.172 Inferior tenant paying into Court may deduct from rent.

S.173 Decree-holder may bid at sale; judgment-debtor may not.

S.174 Application to set aside sale.

S.174(a) Sale when to become absolute or of be set aside, and return of purchase money in certain cases.

S.175 Registration of certain instruments creating incumbrances.

S.176 Notification of incumbrances to landlord.

S.177 Power to create incumbrances not extended.

S.178 Restrictions on exclusion of Act by agreement.

S.179 Permanent mukarrari leases.

S.180 Uthandi, chur and dearah lands.

S.180(a) Fixing of uniform annual money rent in respect of utbandi lands.

S.180(b) Lands in respect of which a uniform annual money rent has been fixed under section 180A to cease to be utbandi lands.

S.180(c) Period for which rent fixed under section 180A to remain unaltered.

S.181 Saving as to service tenures.

S.182 Homesteads.

S.183 Saving of custom.

S.184 Limitation in suits, appeals and applications in Schedule 111.

S.185 Portions of the Indian Limitation Act not applicable to such suits, etc., mentioned in Schedule III.

S.186 Penalties for illegal interference with produce.

S.186(a) Damages for denial of landlord’s title.

S.187 Power for landlord to act through agent.

S.188 Action to be taken collectively by co-sharer landlord or by their common agents except in certain cases.

S.188(a) Procedure in suits by joint landlords.

S.189 Power to make rules regarding procedure, powers of officers and service of notices.

S.190 Procedure for making publication and confirmation of rules.

S.191 Settlement of rent of land held in a district not permanently settled.

S.193 Rights of pasturage, forest-rights, etc.

S.194 Tenant not enabled by Act to violate conditions binding on landlord.

S.195 Savings for special enactments.

S.195(a) Protection in certain cases for acts done.

S.196 Act to be read subject to Acts hereafter passed by Lieutenant-Governor of Bengal in Council.

Sch.1 SCHEDULE I

Sch.2 SCHEDULE II

Sch.3 SCHEDULE III

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