BENGAL TENANCY ACT 1885 PDF

Jump to: navigation , search Bengal Tenancy Act Bengal Tenancy Act was an enactment of the Bengal government defining the natural rights and liabilities of zamindars and tenants in response to widespread peasant discontent threatening the stability of the colonial system of governance. The permanent settlement gave absolute proprietary rights to landholders but was silent about the rights of tenants, although it vaguely recognised their customary rights. With the increase of population and rise of prices of agricultural produce in the nineteenth century, demand for land increased. In consequence, zamindars tended to enhance rents. The raiyats tenants refused to accept the zamindari right to enhance rent beyond pargana nirikh rate established by custom. Zamindars, as absolute proprietors of land, were not inclined to recognise such customary rights.

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Act No. An Act to amend and consolidate certain enactments relating to the Law of Landlord and Tenant within the territories under the administration of the Lieutenant-Governor of Bengal. Whereas it is expedient to amend and consolidate certain enactments relating to the law of Landlord and Tenant within the territories under the administration of the Lieutenant-Governor of Bengal. Limits of enhancement of rent of tenures.

Power to order progressive enhancement. Rent once enhanced may not be altered for fifteen years. Other incidents of tenures Permanent tenure-holder not liable to ejectment. Transfer and transmission of permanent tenure. Voluntary transfer of permanent tenure. Transfer of permanent tenure by sale in execution of decree for rent. Succession to permanent tenure. Bar to recovery of rent, pending notice of succession. Transfer of, and succession to, share in permanent tenure. Saving as to statements instruments of transfer where land lord is no party.

Effect of acquisition of occupancy-right by landlord. Protection from eviction except on specified grounds. Devolution of occupancy-right on death. Application of sections 26B to 26J. Manner of transfer and notices to landlord and co-sharers. Procedure on sale in execution of a decree, certificate or foreclosure of mortgage. Power of co-sharer of transfer or to purchase. If such deposit is made, the Court shall grant the application to join, and thereafter such applicant shall be deemed to be an applicant under sub-section 1.

Limitation on mortgage by occupancy-raiyat. Transfer of rent-free holdings. Interpretation and savings.

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BENGAL TENANCY ACT 1885 PDF

Act No. An Act to amend and consolidate certain enactments relating to the Law of Landlord and Tenant within the territories under the administration of the Lieutenant-Governor of Bengal. Whereas it is expedient to amend and consolidate certain enactments relating to the law of Landlord and Tenant within the territories under the administration of the Lieutenant-Governor of Bengal. Limits of enhancement of rent of tenures. Power to order progressive enhancement. Rent once enhanced may not be altered for fifteen years.

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Bengal Tenancy Act (1885)

Dakinos The Bengal Tenancy Act was an enactment of the Bengal government that defined the rights of zamindars lords and their tenants in response to a widespread peasant revolt that threatened the stability of the British Colonial Government. Consequently, the Bengal Tenancy Amendment Act of remained on record bengal tenancy act as a political document without giving any material advantage to the under-raiyats. The law courts were giving conflicting judgments as regards the rights and liabilities of axt intermediate classes and also of the peasants. The Amendment Act also failed due to the alterations carried out tenanvy the Bill that failed to comply with the needs of the society.

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THE BENGAL TENANCY ACT, 1885

The Act was framed due to the extensive restlessness that occurred towards the peasant by intimidating them thereby disrupting the peaceful control of the State. Even though the permanent settlement system provided complete privileges over the land and properties to the owners of the land, it left a vacuum regarding the privileges available to the tenants. But in a disorderly manner, it accepted the rights over their custom. When during the 19th century, the population amplified and the price of the commodities from agriculture increased, people started buying lands for carrying out agricultural activities. As a result, the rent was increased on the properties of the zamindars.

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