#THE BENGAL GHATWALI LAND ACT, 1859 

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##ARRANGEMENT OF SECTIONS

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###SECTIONS 

1. Ghatwals  of  Beerbhoom  to  have  the  same  right  of  granting  leases  as  is  allowed  to  other 
proprietors of lands.
2. Court of Wards and Revenue authorities to have the like power in certain causes.



#THE BENGAL GHATWALI LANDS ACT, 1859 

##ACT NO. V OF 1859 

Passed by the Legislative Council of India 

*(Received the assent of the Governor General on the 4th March, 1859.)*

*An  Act  to  empower  the  holder  of  Ghatwalee  lands  in  the  District  of  Beerbhoom  to  grant  leases 
extending beyond the period of their own possession.*

**Preamble.**—WHEREAS it has been held that the Ghatwals of the District of Beerbhoom who pay the 
revenue  of  their  lands  directly  to  Government  under  the  provisions  of  Regulation  XXIX.  1814  of  the 
Bengal  Code  have  not  the  power  of  alienating  their  lands;  and  whereas,  for  the  development  of  the 
mineral resources of the country in which the said Ghatwalee lands are situate, and for the improvement 
of the said lands, it is expedient that the power of granting leases for periods not limited by the term of 
their own possession, should in certain cases be extended to the possessors of such lands; It is enacted as 
follows: —

**I. Ghatwals  of  Beerbhoom  to  have  the  same  right  of  granting  leases  as  is  allowed  to  other 
proprietors of lands.**—Ghatwals holding lands in the District of Beerbhoom under the provisions of the 
aforesaid Regulation, shall have the same power of granting leases for any period which they  may deem 
most conducive to the improvement of their tenures, as is allowed by law to the proprietors of other lands.  

**Proviso.** Provided that no lease of Ghatwalee lands for any period extending beyond the life-time or 
incumbency of the grantor of the lease shall be valid and binding on the successors of the grantor, unless 
the same shall be granted for the working of mines, or for the clearing of jungle, or for the erection of 
dwelling houses or manufactories, or for tanks, canals, and similar works; and shall be approved by the 
Commissioner  of the  Division,  such  approval  being  certified  by  an  endorsement  on the  lease under the 
signature of the Commissioner. 

**II. Court of Wards and Revenue authorities to have the like power in certain cases.** —If any of 
the said Ghatwalee lands be at any time under the superintendence of the Court of Wards, or otherwise 
subject to the direct control of the Officers of Government, it shall be lawful for the Court of Wards or the 
Commissioner to grant leases for any such purpose as aforesaid; and every lease so granted shall be valid 
and  binding  on  all  future  possessors  of  the  said  lands,  anything  in  the  existing  law  to  the  contrary 
notwithstanding.