BENGAL TENANCY (VALIDATION AND AMENDMENT) ACT, 1903
Bengal Act No. 1 of 1903
25th February, 1903]
Repealed in Part: Bengal Act No. 16 of 1946.
An Act to validate certain transfers, made under the Bengal Tenancy Act, 1885, of permanent tenures and holdings at fixed rents or fixed rates and of shares in the same; and to amend section 106 of the Act.
Whereas doubts and difficulties have arisen respecting the meaning and effect of sections 12, 13, 17 and 18 of the Bengal Tenancy, Act, 1885, as regards the payment of the prescribed landlord's fee and the effect of the non-payment of such fee;
And Whereas it is expedient to declare that registered transfers and sales and decrees or orders for foreclosure of mortgage, confirmed and made absolute by the Civil Courts, of permanent tenures and holdings at fixed rents, and of shares in such tenures and holdings, shall not be deemed to be invalid merely on the ground that the landlord's prescribed fee has not been paid;
And Whereas it is also expedient to amend section 106 of the said Act in manner hereinafter appearing;
And Whereas the said Act having been passed by the Governor-General of India in Council, the sanction of the Governor-General has been obtained, under section 5 of the Indian Councils Act, 1892, to the passing of this Act :
It is hereby enacted as follows :
1. Validation of transfers of tenures and holdings and shares in the same. — No transfer which has heretofore been made or which may hereafter be made under section 12, section 13, section 17 or section 18 of the Bengal Tenancy Act, 1885, of a permanent tenure, or of a holding at a rent or rate of rent fixed in perpetuity or of a share in such tenure or holding, shall be deemed to be invalid merely on the ground that the landlord's fee prescribed by the said section 12 or 13 has not been paid :
Provided always that, subject to the Explanation following, nothing in this section shall be held to affect the decision of a Court of competent jurisdiction which has become final before the commencement of this Act.
Explanation. — A decree in a suit for rent which has become final disallowing a claim for rent on the ground that the relationship of landlord and tenant does not exist between the parties to the suit by reason of the non-payment of the landlord's fee shall not bar a suit for rent which became payable subsequently to such claim.
2. Realisation of fee when left unpaid.— In any case where the prescribed fee has been or may hereafter be left unpaid, the landlord may, within two years of the commencement of this Act, or within two years of the date of registration of the document affecting the transfer,
or within two years of the date of confirmation of the sale by the Civil Court,
or within two years of the date upon which a decree or order absolute for the foreclosure of a mortgage has been or may hereafter be made by the Civil Court,
apply to the Collector for realisation of such fee from the transferee, or from the auction-purchaser or from the person who has obtained an order absolute for foreclosure of mortgage in the Civil Court, and on such application being presented, the Collector shall realise such fee if still unpaid, together with costs of realisation, from such person as if it were an arrear of revenue.
3. Saving of section 88. — Nothing in section 1 shall be deemed to affect the provisions of section 88 of the said Bengal Tenancy Act, 1885.
4. Repealed by s. 3 and the Second Schedule of the Bengal Repealing and Amending Act, 1946 (Bengal Act No. 16 of 1946).
5. Short title. — This Act may be called the Bengal Tenancy (Validation and Amendment) Act, 1903. |
