#THE BENGAL LAND REVENUE SALES ACT, 1859
____________ 

##ARRANGEMENT OF SECTIONS.
____________ 

###SECTIONS. 

1. Laws repealed. 
2. What is an arrear of revenue. 
3. Latest day of payment.  
4. In Sylhet, personal property of defaulters may in the first instance be distrained and sold. 
5. Proviso in the case of certain descriptions of arrears.  
6. Notifications of sale to be issued, and no tender after latest day of payment to stop the sale.  
7. Notice to ryots, &. 
8. Claims against Government held by a defaulter not to invalidate a sale. 
9. Deposits receivable from persons not proprietors.  
10. Separation of shares held in common, by the opening of a separate account.
11. Separation  of  shares  consisting  of  specific  portions  of  land,  by  the  opening  of  a  separate      
account.
12. If objection be made, parties to be referred to the Civil Court.  
13. Sale of separate shares.  
14. Entire estate may be sold under certain conditions. 
15. Deposit for the protection of an estate from sale. 
16. Withdrawal of the deposit.  
17. Estates under Court of Wards or attachment.  
18. Estates may be specially exempted from sale. 
19. Sales where to be made.  
20. Adjournment of sales. 
21. Order of selling.  
22. Deposit on account of purchase money.  
23. Full payment of purchase money.  
24. Re-sale.  
25. Appeals. 
26. Annulment of sale in special cases. 
27. Sales when final. 
28. Certificate of sales.  
29. Delivery of possession. 
30. Liability of purchaser. 
31. Application of purchase money. 
32. Notification of annulment of sale. 
33. Jurisdiction of Civil Courts in suits to annul sales. 
34. Effects of annulment by decree of Court of sales under this Act.  
35. If sale annulled purchase money to be refunded. 
36.  Suit  brought  to  oust  a  purchaser  on  the  ground  that  the  purchase  was  made  for  another 
person, to be dismissen.
37. Rights of a purchaser of a permanently settled estate sold for its own arrears. 
38. Registration of talookdaree tenurs created after settlement and held for terms of years.  
39. Common and special registry. 
40. Application for registry. 
41. Procedure on application for common registry. 
42. Procedure on application for special registry. 
43. Registration of leases of certain lands.  
44. Registration of old tenures.  
45. Time for application for registry of tenures and farms. 
46. Expenses of measurement, survey, or local enquiry. 
47. Civil Court not competent to order entry in the special register. 
48. Suit for the cancelment of the registry of a tenure or farm. 
49. Proceedings of Revenue Authorities in the registration of tenures, &c. 
50. Effect of entry in the special register.  
51. Protection of talookdaree tenures pending enquity, in case of sale of parent estate for arrears 
of revenue.
52. Rights of a purchaser of an estate not permanently settled sold for its own arrears.  
53. Rights of a purchaser being a sharer in any estate. 
And of a purchaser of an estate not sold for its own arrears.
54. Rights of purchasers of shares of estate. 
55. Recovery of arrears due to defaulters.  
56. Punishment for contempt.  
57. Default in making deposit to be considered a contempt.  
58. Government may purchase at a sale. 
59. Fees and charges demandable by Collector.  
60. Regulations VII. 1822 and IX. 1825 to be in force in certain estates. 
61. Interpretation. 
62. Application and commencement of this Act.    



#THE BENGAL LAND REVENUE SALES ACT, 1859 

##ACT NO. XI OF 1859. 

###PASSED BY THE LEGISLATIVE COUNCIL OF INDIA.

*(Received the assent of the Govenor Geneml on the 4th May 1859.)*

*An  Act  to  improve  the  law  relating  to  sales  of  Land  for  arrears  of  Revenue  in  the  Lower 
Provinces under the Bengal Presidency.*

      WHEREAS it is expedient to discontinue the practice of obtaining the previous sanction of the Board 
of Revenue to sales of estates for arrears of revenue, or other demands of Government, in the province of 
Cuttack: and whereas it is just that a person having a lien upon an estate, and paying the money necessary 
to protect it from sale for arrears of revenue, should be reasonably secured: and whereas it is expedient to 
afford sharers in estates, who duly pay their shares of the Sudder jumma of their estates, easy means of 
protecting their shares from sale by reason of the default of their co-sharers: and whereas it is expedient to 
afford landholders, particularly absentees, facilities in guarding against the accidental sale of their estates 
for  arrears  of  revenue  by  reason  of  the  neglect  or  fraud  of  their  agents:  and  whereas  it  is  expedient  to 
provide for the voluntary registration of dependent talooks existing at the time of settlement: and whereas 
it  is  expedient  to  protect  the  holders  of  registered  under-tenures  created  since  the  settlement,  and  not 
resumable  by  the  grantors  or  their  representatives,  from  loss  by  the  avoidance  of  their  tenures  on  the 
occasion of a sale of the superior estate for arrears of public revenue, when the arrears can be realized by 
such sale: and to give absolute security to such tenures by special registry, when shown to be held at rents 
sufficient for the security of the revenue : and it is therefore proper for the above and other purposes, to 
improve  the  law  relating  to  sales  of  land  for  arrears  of  revenue  in  the  Provinces  of  Bengal,  Behar  and 
Orissa: It is enacted as follows :—

**I. Laws repealed.**—Regulation X. 1818 (*relating to collection of the public revenue from proprietors 
and farmers of land in the District of Cuttack, &c*) is hereby repealed; and from the date of the passing of 
this law, Act I of 1845 (*regarding sales of land for arrears of revenue*), except in so far as it repeals other 
laws, and  except  in  regard  to  sales  made  or advertised,  to arrears  and  other  demands  realizable,  and  to 
suits  commenced  and  acts  done,  under  authority  thereof—shall  cease  to  have  effect  in  the  Lower 
Provinces of Bengal.

**II. What is an arrear of revenue.**—If the whole or a portion of a kist or instalment of any month of 
the era according to which the settlement and kistbundee of any mehal have been regulated, be unpaid on 
the first of the following month of such era, the sum so remaining unpaid shall be considered an arrear of 
revenue.

**III. Latest day of payment.**—Upon the promulgation of this Act, the Board of Revenue at Calcutta 
shall  determine  upon  what  dates  all  arrears  of  revenue  and  all  demands  which, by  the  Regulations  and 
Acts in force, are directed to be realized in the same manner as arrears of revenue, shall be paid up in each 
district under their jurisdiction, in default of which payment the estates ill arrear in those districts, except 
as hereinafter provided, shall be sold at public auction to the highest bidder. And the said Board shall give 
notice of the dates so fixed in the official Gazette, and shall direct corresponding publication to be made, 
as far as regards each district in the language of that district, in the Office of the Collector or other Officer 
duly authorized to hold sales under this Act, in the Courts of the Judge, Magistrate, (or Joint Magistrate, 
as the case may be,) and Moonsiffs, and at every Thannah station of that district; and the dates so fixed 
shall  not  be  changed  except  by  the  said  Board  by  advertisement  and  notification,  in  the  manner  above 
described, to be issued at least three months before the close of the official year preceding that in which 
the new date is, or dates are, to take effect. 

**IV. In Sylhet, personal property of defaulters may in the first instance be distrained and sold.**—
Provided  that  in  the  district  of  Sylhet,  the  Collector  may  be  authorized  by  the  Board  of  Revenue  to 
proceed in the first instance by the distress and sale of the personal property of defaulters, instead of by 
the sale of their estates. 

**V. Proviso in the case of certain descriptions of arrears.**—Provided always that no estate, and no 
share  or  interest  in  any  estate,  shall  be  sold  for  the  recovery  of  arrears  or  demands  of  the  descriptions 
mentioned below, otherwise than after a notification in the language of the district specifying the nature 
and amount of the arrear or demand, and the latest date on which payment thereof shall be received, shall 
have  been  affixed  for  a  period  of  not  less  than  fifteen  clear  days  preceding  the  date  fixed  for  payment 
according to Section III of this Act, in the Office of the Collector or other Officer duly authorized to hold 
sales under this Act, in the Court of the Judge within whose jurisdiction the land advertised lies, and in 
the Moonsiff’s Court and Police thannah of the division in which the estate or share of an estate to which 
the notification relates is situated; or is the estate or share of an estate be situated within the jurisdiction of 
more than one Moonsiff’s Court or Police Thannah, in some one or more of such Courts or Thannas ; and 
also at the cutcherry of the malgoozar or owner of the estate or share of an estate, or at some conspicuous 
place upon the estate or share of an estate, the same to be certified by the peon or other person employed 
for the purpose. 

*First.* Arrears other than those of the current year, or of the year immediately preceding. 

*Secondly.* Arrears due on account of estates other than that to be sold. 

*Thirdly.*  Arrears  of  estates  under  attachment  by  order  of  any  judicial  authority,  or  managed  by  the 
Collector in accordance with such order. 

*Fourthly.* Arrears due on account of tuccavee, poolbundee, or other demands not being land revenue, 
but recoverable by the same process as arrears of land revenue. 

**VI. Notifications  of  sale  to  be  issued,  and  no  tender  after  latest  day  of  payment  to  stop  the 
sale.**—The  Collector  or  other  Officer  duly  authorized  to  hold  sales  under  this  Act  shall,  as  soon  as 
possible  after the  latest day  of  payment  fixed in the manner  prescribed  in  Section  III  of  this  Act, issue 
notifications in the language of the district, to be affixed in his own Office and in the Court of the Judge 
of the district, specifying the estates or shares of estates which will be sold as aforesaid, and the day on 
which the sale of the same will commence, which day shall not be less than fifteen or more than thirty 
clear  days  from  the  date  of  affixing  the  notification  in  the  Office  of  the  Collector  or  other  Officer  as 
aforesaid. And if the Government revenue of any estate or share: of an estate to be sold, exceed the sum 
of five hundred Rupees, a notification of the sale of such estate or share of an estate shall be published in 
the official Gazette. Except as hereinafter provided, all estates or shares of estates so specific shall, on the 
day notified for sale, or on the day or days following, be put up to public auction by and in the presence of 
the Collector or other Officer as aforesaid, and shall be sold to the highest bidder.  And no payment, or 
tender of payment, made after sunset of the said latest day of payment, shall bar or interfere with the sale, 
either at the time of sale or after its conclusion. 

**VII. Notice to ryots, &c.**—Whenever an estate or share of an estate is notified for sale as provided by 
Section  VI  of  this  Act,  the  Collector  or  other  Officer  as  aforesaid  shall  affix  a  proclamation  in  the 
language of the district, in his own Office, and as soon thereafter as may be in the Moonsiffs' Courts and 
Police Thannahs within which the estate or share of an estate, or any part of it, is situated, and also at the 
cutcherry of the malgoozar or the owner of the estate or share of an estate, or at some conspicuous place 
upon  the  estate  or  share  of  an  estate,  forbidding  the  ryots  and  under  tenants  to  pay  to  the  defaulting 
proprietor any rent which has fallen due after the day fixed for the last day of payment, on pain of not 
being entitled to credit in their accounts with the purchaser for any sums so paid.

**VIII. Claims  against  Government  held  by  a  defaulter  not  to  invalidate  a  sale.**—No  claim  to 
abatement  or  remission  of  revenue,  unless  the  same  shall  have  been  allowed  by  the  authority  of 
Government,  and  no  private  demand  or  cause  of  action  whatever,  held  or  supposed  to  be  held  by  any 
defaulter against Government, shall bar or render void or voidable a sale under this Act; nor shall the plea 
that  money  belonging  to  the  defaulter,  and  sufficient  to  pay  the  arrear  of  revenue  due,  was  in  the 
Collector's  hands,  bar or  render  void  or  voidable  a sale  under this  Act,  unless such  money  stand  in  the 
defaulter's  name  alone  and  without  dispute,  and  unless,  after  application  in  due  time  made  by  the 
defaulter, or after the written agreement provided for in Section XV of this Act, the Collector shall have 
neglected, or refused on insufficient grounds, to transfer it in payment of the arrear of revenue due. 

**IX. Deposits receivable from persons not proprietors.**—The Collector or other Officer as aforesaid 
shall, at any time before sunset of the latest day of payment determined according to Section III of this 
Act,  receive  as  a  deposit  from  any  person  not  being  a  proprietor  of  the  estate  or  share  of  an  estate  in 
arrear,  the  amount  of  the  arrear  of  revenue  due,  to  be  credited  in  payment  of  the  arrear  at  sunset  as 
aforesaid, unless before that time the arrear shall have been paid by a defaulting proprietor of the estate. 
And  in  case  the  person  so  depositing,  whose  money  shall  have  been  credited  in  the  manner  aforesaid, 
shall be a party in a suit pending before a Court of Justice for the possession of the estate or share from 
which the arrear is due, or any part thereof, it shall be competent to the said Court to order the said party 
to be put into temporary possession of the said estate or share or part thereof, subject to the rules in force 
for taking  security  in the cases of  parties in  Civil  suits.  And if  the  person  so  depositing,  whose  money 
shall  have  been  credited  as  aforesaid,  shall  prove  before  a  competent  Civil  Court  that  the  deposit  was 
made in order to protect an interest of the said person, which would have been endangered or damaged by 
the sale, or which he believed in good faith would have been endangered or damaged by the sale, he shall 
be entitled to recover the amount of the deposit, with or without interest as the Court may determine, from 
the  defaulting  proprietor,  And  if  the  party  so  depositing,  whose  money  shall  have  been  credited  as 
aforesaid, shall prove before such a Court that the deposit was necessary in order to protect any lien he 
had  on  the  estate  or  share  or  part  thereof,  the  amount  so  credited  shall  be  added  to  the  amount  of  the 
original lien.  

**X. Separation of sharesheld in common, by the opening of a separate account.**—When a recorded 
sharer  of  a  joint  estate,  held  in  common  tenancy,  desires  to  pay  his  shares  of  the  government  revenue 
separately,  he  may  submit  to  the  Collector  a  written  application  to  that  effect.  The  application  must 
contain a specification of the share held in the estate by the applicant. The Collector shall then cause to be 
published in his own Office, in the Court of the Judge, Magistrate (or Join Magistrate, as the case may 
be,)  and  Moonsiffs,  and  in  the  Police  Thannahs  in  whose  jurisdiction  the  estate  or  any  part  thereof  is 
situated, as well as on some conspicuous part of the estate itself, a copy of the application made to him. If, 
within  six  weeks  from  the  date  of  the  publication  of  these  notices,  no  objection  is  made  by  any  other 
recorded sharer, the Collector shall open a separate account with the applicant, and shall credit separately 
to his share all payments made by him on account of it. The date on which the collector his sanction to the 
opening of a separate account, shall be held to be that from which the separate liabilities of the share of 
the applicant commence. 

**XI. Separation of shares consisting of specific portions of land, by the opening  of  a  separate 
account.**—When a recorded sharer of a joint estate, whose share consists of a specific portion of the land 
of  the  estate,  desires  to  pay  his  share  of  the  Government  revenue  separately,  he  may  submit  to  the 
Collector  a  written  application  to  that  effect.  The  application  must  contain  a  specification  of  the  land 
comprised in his share, and of the boundaries and extent thereof, together with a statement of the amount 
of sudder jumma heretofore paid on account of it. On the receipt of this application, the Collector shall 
cause it to be published ill the manner prescribed for publication of notice in the last preceding Section. In 
the  event  of  no  objection  being  urged  by  any  recorded  co-sharer  within  six  weeks  from  the  time  of 
publication, the Collector shall open a separate account with the applicant, and shall credit separately to 
his share all payments made by him on account of it. The date on which the Collector records his sanction 
to  the  opening  of  a  separate  account,  shall  be  held  to  be  that  from  which  the  separate  liabilities  of  the 
share of the applicant commence. 

**XII. If objection be made, parties to be referred to the Civil Court.**—If any recorded proprietor of 
the  estate,  whether the same  be  held  in common  tenancy  or  otherwise,  object  that  the  applicant  has no 
right to the share claimed by him, or that his interest in the estate is less or other than that claimed by him, 
or if the application be in respect of a specific portion of the land of an estate, that the amount of sudder 
jumma stated by the applicant to have been heretofore paid on account of such portion of land, is not the 
amount which has been recognized by the other sharers as the jumma thereof, the Collector shall refer the 
parties  to  the  Civil  Court,  and  shall  suspend  proceedings  until  the  question  at  issue  is  judicially 
determined.

**XIII. Sale of separate shares.**—  Whenever  the  Collector  shall  have  ordered  a  separate  account  or 
accounts to be kept for one or more shares, if the estate shall become liable to sale for arrears of revenue, 
the Collector or other Officer as aforesaid in the first place shall put up to sale only that share or those 
shares of the estate from which, according to the separate accounts, an arrear of revenue may be due. In 
all such cases notice of the intention of excluding the share or shares from which no arrear is due shall be 
given in the advertisement of sale prescribed in Section VI of this Act. The share or shares sold, together 
with the share or shares excluded from the sale, shall continue to constitute one integral estate, the share 
or shares sold being charged with the separate portion or the aggregate of the several separate portions of 
jumma assigned thereto. 

**XIV. Entire estate may be sold under certain conditions.**—If in any case of sale held according to 
the provisions of the last preceding Section, the highest offer for the share exposed to sale shall not equal 
the amount of arrear due thereupon to the date of sale the Collector or other Officer as aforesaid shall stop 
the  sale,  and  shall  declare  that  the  entire  estate  will  be  put  up  to  sale  for  arrear  of  revenue  at  a  future                
date, unless the other recorded sharer or sharers, or one or more of them, shall within ten days purchase 
the share in arrear by paying to Government the whole arrear due from such share. If such purchase be 
completed, the collector or other officer as aforesaid shall give such certificate and delivery of possession 
as are provided for in Sections XXVIII and XXIX of this Act, to the purchaser or purchasers, who shall 
have the same rights as if the share had been purchased by him or them at the sale. If no such purchase be 
made  within  ten  days  as aforesaid, the entire  estate  shall  be  sold, after  notification for  such  period  and 
publication in such manner as if proscribed in Section VI of this Act. 

**XV. Deposit for the protection of an estate from sale.**—If any recorded proprietor or co-partner of 
an estate shall deposit with the Collector money, or Government securities, endorsed and made payable to 
the  order  of  the  Collector,  and  shall  sign  an  agreement  pledging  the  same  to  Government  by  way  of 
security for the jumma of the entire estate and authorizing the Collector to apply to the payment of any 
arrear of revenue that may become due from that estate the whole or any portion of the said money or 
securities that may be necessary for that purpose, then in the case of any arrear of revenue due from the 
said  estate  not  being  paid  before  sunset  of  the  latest  day  of  payment  fixed  under  III  of  this  Act,  the 
Collector shall apply to the payment of such arrear the said money or securities, as may be necessary ; and 
for this purpose the Collector shall first apply any money that may be in his hands and any interest that 
may be due upon such securities, and may then sell and transfer the securities, for any balance that may 
remain, And so long as any money or securities as aforesaid, sufficient to cover any arrear that may fall 
due, shall remain and he available as aforesaid, the estate for the protection of which the said deposit was 
made shall be exempted from sale for arrears of revenue. All monies and securities so deposited shall be 
exempt from attachment otherwise than in execution of a decree of a Civil Court. 

**XVI. Withdrawal  of  the  deposit.**—It  shall  be  competent to the  person  making  a  deposit  under  the 
provision  of  the  last  preceding  Section,  or  his  representative  or  assignee,  at  any  time  to  withdraw  the 
deposit and to revoke the pledge of the same.

**XVII. Estates under Court of Wards or under attachment**—No estate shall be liable to sale for the 
recovery  of  arrears  which    have  accrued  during  the  period  of  its  being.  under  the  of  the  Court                    
of  Wards;  and  no  estate  the  sole  property  of  a  minor  or  minors  and  descended  to  him  or  them  by  the 
regular course of inheritance duly notified to the Collector for the information of the Court of Wards, but 
of which .the Court of Wards has not assumed the management under Regulation VI. 1822, shall be sold 
for  arrears  of  revenue  accruing  subsequently  to  his  or  their  succession  to  the  same,  until  the  minor  or 
minors,  or  one  of  them,  shall  have  attained  the  full  age  of  eighteen  years.  And  no  estate  held  under 
attachment by the revenue authorities otherwise than by order of a judicial authority, shall be liable to sale 
for  arrears  accruing  whilst  it  was  so  held  under  attachment.  And  no  estate  held  under  attachment  or 
managed by a Revenue Officer, in pursuance of an order of a judicial authority, shall be liable to sale for 
the  recovery  of  arrears  of  revenue  accruing  during  the  period  of  such  attachment  or  management  until 
after the end of the year in which such arrears accrued.

**XVIII. Estates may be specially exempted from sale.**—It  shall  be  competent  to  the  Collector  or 
other  Officer  as  aforesaid,  at  any  time  before  the  sale  of  an  estate  or  share  of  an  estate  shall  have 
commenced, to exempt such estate or share from sale ; and in like manner it shall be competent to the 
Commissioner  of  Revenue,  at  any  time  before  the  sale  of  an  estate  or  share  of  an  estate  shall  have 
commenced, to exempt such estate or share from sale, by a special order to the Collector or other Officer 
as aforesaid to that effect in each case; and no such sale shall be legal if held after· the receipt of such 
order of exemption. 

**Proviso.**—Provided, however, and it is hereby enacted, that the Collector or other Officer as aforesaid 
or  the  Commissioner  shall  duly  record  in  a  proceeding  the  teas  on  for  granting  such  exemption  ;  and 
provided also that an order for exemption so issued by the Commissioner shall not affect the legality of a 
sale which may have taken place before the receipt by the Collector or other Officer as aforesaid of the 
order of exemption. 

**XIX. Sales where to be made.**—Sales shall ordinarily be made by the Collector or other Officer as 
aforesaid in the land revenue Office at the Sudder Station of the District: provided, however, that it shal1 
be  competent  to  the  Board  of  Revenue  to  prescribe  a  place  for  holding  sales  other  than  such  Office 
whenever they shall consider it beneficial to the parties concerned.

**XX. Adjournment of sales.**— In case the Collector or other Officer as aforesaid shall be unable from 
Sickness, from occurrence of a holiday, or from any other cause, to commence the sale on the day of sale 
fixed as aforesaid ; or if, having commenced it, he be unable, from any cause,                            to 
complete it; he shall be competent to adjourn it to the next day following, not being Sunday or other close 
holiday,  recording  his  reasons  for  such  adjournment,  forwarding  a  copy  of  such  record  to  the 
Commissioner  of  Revenue,  and  announcing  the  adjournment  by  a  written  proclamation  stuck  up  in  his 
cutcherry ; and so on, from day to day, until he shall be able to commence upon, or to complete the sale; 
but,  with  the  exception  of  adjournments  so  made,  recorded,  and  reported,  each  sale  shall  invariably  be 
made on the day of sale fixed in the manner aforesaid. 

**XXI. Order of selling.**—On  the  day  of  sale  fixed  according  to  Section  VI  of  this  Act  sales  shall 
proceed in regular order ; the estate to be sold bearing the lowest number on the towjee or register in use 
in the Collector’s Office of the district being put up first, and so on, in regular sequence; and it shall not 
be lawful for the Collector or other Officer as aforesaid to put up any estate out of its regular order by 
number, except where it may be necessary to do so 011 default of deposit, as provided in Section XXII of 
this Act.

**XXII. Deposit oil account of purchase money.**—The party who shall be declared the purchaser of an 
estate  or  share  of  an  estate  at  any  such  public  sale  as  aforesaid,  shall  be  required  to    deposit  or 
immediately  or  as  soon  after  the  conclusion  of  the  sale  of  the  estate  at  share  as  the  Collector  or  other 
Officer  as  aforesaid  may  think  necessary,  either  in  cash  Bank  of  Bengal  Notes  or  Post  Bills  or 
Government Securities to be valued at the market rate of the day, duly endorsed, twenty percent on the 
amount of his bid and in default of such deposit, the estate or share shall forthwith be put up again and 
sold.  

**XXIII. Full payment of purchase money.**—The full amount of purchase money shall be made good 
by the purchaser before sunset of the thirtieth day from that on which the sale of the estate or share of all 
estate  bought  by  him  took  place,  reckoning  that  day  as  one  of  the  thirty  ;  or  if  the  thirtieth  day  be  a 
Sunday Or other close holiday, then on the first office day after the thirtieth: and in default of payment 
within the prescribed period as aforesaid, the deposit shall be forfeited to Government, the estate or share 
shall be resold, and the defaulting purchaser shall forfeit all claim to the estate or share, or to any part of 
the sum for which it may subsequently be sold. And in the event of the proceeds of the sale which may be 
eventually consummated being less than the price bid by the defaulting bidder aforesaid, the difference 
shall be leviable from him by any process authorized for realizing an arrear of public revenue, and such 
difference shall be considered to be a part of the purchase money and shall be dealt with in the manner 
hereinafter prescribe for the disposal thereof. 

**XXIV. Re-sale.**—When  default  is  made  in  the  payment  of  purchase  money  a  notification  of  the 
intended re-sale shall be published for the period and in the manner prescribed in Section VI of this Act, 
but such notification shall not be published until the expiration of three clear days after the day on which 
the  default  shall  have  occurred  ;  and  if  the  Payment  or  tender  of  payment  of  the  arrear  on  account  of 
which the  estate  or  share was  first sold,  and  of  any arrear  which  may  have  subsequently  become  :  due 
shall be made by or on behalf of the proprietor of the estate or share before sunset of the third day, the 
issue of the notification of re-sale shall be stayed. The rules contained in the last preceding Section shall 
be  applicable  to  every  such  re-sale.  Provided that  if default  of  payment  of  purchase  money  shall  occur 
more than once, the amount to be recovered from the defaulting bidders shall be the difference between 
the  highest  bid  and  the  proceeds  of  the  sale  eventually  consummated,  which  amount  may  be  levied  in 
manner aforesaid from any of the defaulting bidders to the extent of the amount by which his bid exceeds 
the amount realized. 

**XXV. Appeals.**—It shall be lawful for the Commissioner of Revenue to receive an appeal against may 
sale  made  under  this  Act,  if  preferred  to  him  on  or  before  the  fifteenth  day  from  the  date  of  sale, 
reckoning  as  in  Section  XXIII,  or  if  preferred  to  the  Collector  or  other  Officer  as  aforesaid  for 
transmission  to  the  Commissioner,  on  or  before  the  tenth  day  from  the  day  of  sale,  and  not                      
otherwise; and the  Commissioner shall  be competent  in  every  case  of  appeal  so  preferred  to  annul  any 
sale of an estate or share of an estate made under this Act, which shall appear to him not to have been 
conducted according to the provisions of this Act, awarding at compensation for his loss, if the sale shall 
have been occasioned by neglect of the proprietor, such compensation not to exceed the interest, at the 
highest rate of the current Government Securities of its being retained in the Collector’s Office ; and the 
order of the Commissioner shall in such cases be final. 

**XXVI. Annulment of sale in special cases.**—It shall be competent to the Commissioner of Revenue, 
on the ground of hardship or injustice, to suspend the passing of  final orders in any case of appeal from a 
sale, and to represent the case to the Board of Revenue, who, if they see cause, may recommend to the 
local Government to annul the sale ; and the local Government in any such case may annul the sale and 
cause the estate or share of an estate to be restored to the proprietor on such conditions as may appear 
equitable and proper. 

**XXVII. Sales when final.**—All sales of which the purchase money has been paid up as prescribed in 
Section  XXIII  of  this  Act,  and  against  which  no  appeal  shall  have  been  preferred,  shall  be  final  and 
conclusive at noon of the thirtieth day from the day of sale, reckoning the said day of sale as the first of 
the said thirty days. And sales against which all appeal may have been preferred, and dismissed by the 
Commissioner, shall be final and conclusive from the date of such dismissal, if more than thirty days from 
the day of sale, or if less, then at noon of the thirtieth day as above provided. 

**XXVIII. Certificate of sales.**—Immediately upon a sale becoming final and conclusive, the Collector 
or  other  Officer  as  aforesaid  shall  give  to  the  purchaser  a  certificate  of  title  in  the  form  prescribed  in 
Schedule A annexed to this Act. And the said certificate shall be deemed in any Court of Justice sufficient 
evidence of the title to the estate or share of an estate sold being vested in the person or persons named 
from the date specified ; and the Collector shall also notify such transfer by written proclamation in his 
own Officer and in the Courts of the Moonsiffs and Police Thannahs within whose jurisdiction any part of 
the estate or share sold shall be situated. 

**XXIX. Delivery of possession.**—The  Collector or other  Officer  as  aforesaid shall  order  delivery  of 
possession of the estate or share purchased to be made by removing any person who may refuse to vacate 
the same, and by proclamation to the occupants of the property by beat of drum or in such other mode as 
may  be  customary,  at  some  convenient  place  or  places;  and  by  affixing  a  copy  of  the  certificate  at  the        
Mal cutchery or in some conspicuous place of the estate or share of an estate purchased. 

**XXX. Liability of purchaser.**—The party certified as the proprietor of an estate or share of an estate 
by purchase under this Act, shall be answerable for all instalments of the revenue of Government which 
may fall due after the latest day of payment aforesaid.  

**XXXI. Application of purchase money.**—The Collector shall apply the purchase money first to the 
liquidation of all arrears due upon the latest day of payment from the estate or share of an estate sold; and 
secondly  to  the liquidation  of  all outstanding  demands  debited to  the  estate  or  share  of  an  estate  in  the 
public  accounts  of  the  District;  holding  the  residue,  if  any,  in  deposit  on  account  of  the  late  recorded 
proprietor or proprietors of the estate share of an estate sold or their heirs or representatives to be paid to 
his or their receipt on demand in the manner following : to wit, in shares proportioned to their recorded 
interest in the estate or share of an estate sold, if such distinction of shares were recorded, or if not, then 
as an aggregate sum to the whole body of proprietors upon their joint receipt. And if before payment to 
the  late  proprietor  or  proprietors  of  any  surplus  that  may  remain  of  the  purchase  money,  the  same  be 
claimed by any creditor in satisfaction of a debt, such surplus shall not be payable to such claimant, nor 
shall it be withheld from the proprietor, except under precept of a Civil Court. 

**XXXII. Notification of annulment of sale.**—The annulment by a Commissioner or by Government 
of a sale made under this Act shall be publicly notified by the Collector or other Officer as aforesaid, in 
the  same  manner  as  the  becoming  final  and  conclusive  of  sales  is  required  to  be  notified  by  Section 
XXVIII of this Act; and the amount of deposit and balance of purchase money shall be forthwith returned 
to the purchaser with interest thereon at the highest rates of the current public Securities; which shall be 
paid by the Government, unless the proprietor shall have become liable for the same under the provisions 
of Section XXV or Section XXVI of this Act. 

**XXXIII. Jurisdiction of Civil Courts in suits to annul sales.**—No  sale  for  arrears  of  revenue  or 
other demands realizable in the same manner as arrears of revenue are realizable made after the passing of 
this Act, shall be annulled by a Court of Justice, except upon the ground of its having been made contrary 
to the provisions of this Act, and then only on proof that the plaintiff has sustained substantial injury by 
reason of the irregularity complained of: and no such sale shall be annulled upon such ground, unless such 
ground  shall  have  been  declared  and  specified  in  an  appeal  made  to  the  Commissioner  under  Section 
XXV of this Act: and no suit to annul a sale made under this Act shall be received by any Court of Justice 
unless it shall  be  instituted  within  one  year from  the date of the sale  becoming  final  and  conclusive  as 
provided in Section XXVII of this Act: and no person shall be entitled to contest the legality of a sale, 
after having received any portion of the purchase money. 

**Proviso.**—Provided,  however,  that  nothing  in  this  Act  contained  shall  be  construed  to  debar  any 
person considering himself wronged by any act or omission connected with a sale under this Act, from his 
remedy  in  a  personal  action  for  damages  against  the  person  by  whose  act  or  omission  he  considers 
himself to have been wronged.

**XXXIV. Effects of annulment by decree of Courts of sales under this Act.**—If a sale made under 
this Act be annulled by a final decree of a Civil Court application for the execution of such decree shall be 
made within six months after the date thereof, otherwise the party in whose favor such decree was passed 
shall  lose  all  benefit  therefrom.  And  no  order  for  restoring  such  decreeholder  to  possession  shall  be 
passed  until any  amount  of  surplus  purchase  money  that  may  have  been paid  away  by  order  of  a  Civil 
Court be repaid by him, with interest at the highest rate of the current Government Securities. And if such 
party  shall  neglect  to  pay  any  amount  so  recoverable,  within  six  months  from  the  date  of  such  final 
decree, he shall lose all benefit therefrom. 

**XXXV. If sale annulled, purchase money to be refunded.**—In the event of a sale being annulled by 
a final decree of a Court of Justice, and the former proprietor being restored to possession, the purchase 
money shall be refunded to the purchaser by Government, together with interest at the highest rate of the 
current public securities.

**XXXVI. Suit brought to oust a purchaser on the ground that the purchase was made for another 
person, to be dismissed.**—Any  suit  brought  to  oust  the certified  purchaser as  aforesaid  on the  ground 
that the purchase was made on behalf of another person not the certified purchaser, or on behalf partly of 
himself and partly of another person, though by agreement the name of the certified purchaser was used, 
shall be dismissed with costs. 

**XXXVII.  Rights  of  a  purchaser  of  a  permanently  settled  estate  sold  for its  own 
arrears.**— The purchaser .of an entire estate in the permanently settled Districts of Bengal, Behar, and 
Orissa, sold under this Act for the recovery of arrears due on account of the same, shall acquire the estate 
free from all encumbrances which may have been imposed upon it after the time of settlement; and shall 
be entitled to avoid and annul all under-tenures and  forthwith to eject all undertenants, with the following 
exceptions: 

*First.* Istemraree  or  mokurreree  tenures  which  have  been  held  at  a  fixed  rent  from  the  time  of  the 
permanent settlement. 

*Secondly.* Tenures  existing  at  the  time  of  settlement,  which  have  not  been  held  at  a  fixed  rent. 
Provided always that the rents of such tenures shall be liable to enhancement under any law for the time 
being in force for the enhancement of the rent of such tenures. 

*Thirdly.* Talookdaree  and  other  similar  tenures  created  since  the  time  of  settlement  and  held 
immediately  of  the  proprietors  of estates,  and  farms  for  terms  of  years so  held, when  such tenures  and 
farms have been duly registered under the provisions of this Act.

*Fourthly.* Leases of lands whereon dwelling houses, manufactories, or other permanent buildings have 
been  erected,  or  whereon  gardens,  plantations,  tanks,  wells,  canals,  places  of  worship,  or  burning  or 
burying grounds have been made, or wherein mines have been sunk.

And such a purchaser as is aforesaid shall be entitled to proceed in the manner prescribed by any law 
for the time being in force for the enhancement of the rent of any land coming within the fourth class of 
exceptions above made, if he can prove the same to have been held at what was originally an unfair rent, 
and if the same shall not have been held at a fixed rent, equal to the rent of good arable land, for a term 
exceeding twelve years; but not otherwise.

**Proviso.**—Provided  always  that  nothing  in  this  Section  contained  shall  be  construed  to  entitle  any 
such  purchaser  as  aforesaid  to  eject  any  ryot  having  a  right  of  occupancy  at  a  fixed  rent  or  at  a  rent 
assessable  according  to  fixed  rules  under  the  laws  in  force,  or  to  enhance  the  rent  of  any  such  ryot 
otherwise  than  in  the  manner  prescribed  by  such  laws,  or  otherwise  than  the  former  proprietor, 
irrespectively of all engagements made since the time of settlement, may have been entitled to do. 
 
**XXXVIII.  Registration  of  talook  daree  tenures  created  after  settlement  and  held  for  terms  of 
years.**—The following rules for the registration of talookdaree and other similar tenure created since the 
time of settlement, and held immediately of the proprietors of estates, and of farms for terms of years so 
held, shall be observed.  

**XXXIX. Common and special registry.**—There  shall  be  two  sets  of  registers,  one  for  common 
registry  and  one  for  special  registry.  Common  registry  shall  secure  such  tenures  and  farms  against  any 
auction  purchaser  at  a  sale  for  arrears  of  revenue  except  the  Government.  Special  registry  shall  secure 
such  tenures  and  farms  against  any  auction  purchaser  at  a  sale  for  arrears  of  revenue  including  the 
Government.

**XL. Application for registry.**—The  holder  of  any  talookdaree,  other  similar  tenure,  such  as  is 
described  in  Section  XXXVIII  of  this  Act,  desirous  of  registering  it,  shall  apply  by  petition  to  the 
Collector  of  the  District  to  which  the  estate  belongs.  The  application  shall  state  when  description  of 
registry is desired, and shall contain the following particulars so far as the same are ascertainable:— 

1. The Pergunnah or pergunnahs in which the tenure is situated.
2. The nature of tenure.
3. The  name  or  names  of  the  billage  or  villages  whereof  the  land  is  composed,  or  wherein  it is 
situated.
4. The area of the land comprised in the tenure, with its boundaries in complete detail. 
5. The amount of rent payable annually for the tenure, and whether the rent is fixed for a rent of 
years or in perpetuity, and the duties, if any, required to be performed on account of it.
6. The date of the deed constituting the tenure, or the date when the tenure was created.  
7. The name of the proprietor who created the tenure.
8. The name of the original holder of the tenure.
9. The name of the present possessor, and if he be not the original holder, the mode in which he 
succeeded  to  the  tenure,  whether  by  inheritance,  gift,  purchase,  or  otherwise,  and  whether  he  holds 
jointly or solely.  

Holders of such farms as are described in the said Section may apply in like manner for registry of 
the same. The application shall contain such of the foregoing particulars as are applicable to farms. 

**XLI. Procedure on application for common registry.**—When  the  application  is  for  common 
registry, the Collector shall serve a notice on the recorded proprietor or proprietors of the estate in which 
the tenure or farm is situated, or the authorized agent of such proprietor or proprietors, with a copy of the 
application annexed; and shall cause a notice, with a copy of the application annexed, to be affixed in his 
Office, and at the malcutcherry of the estate in which the tenure or farm is situated, or in such other place 
or  places  as  in  the  opinion  of  the  Collector  may  be  best  suited  to  give  publicity  to  the  application, 
requiring the proprietor or any party interested, within thirty days from the issue of the said notice, to file 
any  objections  he  may  have  to  the  registry  of  the  tenure  or  farm,  or  to  any  statement  contained  in  the 
application. If within the limited time no objection is made, the Collector shall register the tenure or farm. 
If  within  the  limited  time  an  objection  is  made  any  recorded  proprietor,  or  by  any  party  interested  not 
being a proprietor, the Collector shall examine the person so objecting or his authorized agent, and if it 
shall  appear  to  him  that  such  person  has  probable,  ground  of  objection,  the  Collector  shall  suspend 
proceedings, and shall refer the parties to the Civil Court: otherwise he shall grant the application. If  the 
decision of the Civil Court be in favor of the applicant, the Collector, on the presentation of a copy of the 
final decree, shall register the tenure or farm.

**XLII. Procedure on application for special registry.**—When the application is for special registry, 
the  Collector  shall  serve  and  issue  the  notices  prescribed  in  the  last  proceeding  Section.  If  within  the 
limited time no objection is made, the Collector shall cause any enquiry that he may deem necessary for 
the security of the Government revenue, to be made ; and if he is satisfied that the Government revenue of 
the parent estate is sufficient secured so far as it may be affected by the tenure or farm in question, he 
shall report  the  case  to  the  commissioner,  who,  if also  satisfied  on  that  point,  shall  direct the  tenure  or 
farm to be registered according to the application; otherwise the application shall be rejected. If within the 
limited time any recorded proprietor or any party interested not being a proprietor object to the registry, 
the Collector shall examine the person so objecting or his authorized agent, and if it shall appear to him 
that such person has probable ground of objection, shall suspend proceedings, and shall refer the parties to 
the Civil Court; otherwise he shall proceed as if no objection had been made. If the decision of the Civil 
Court be in favor of the applicant, the Collector, on the presentation of a copy of the final decree, shall 
proceed as above provided for cases in which no objection is made within the limited time.  

**XLIII. Registration of leases of certain lands.**—Leases of lands of the description specified in the 
fourth exceptional class in Section XXXVII, may be registered, at the option of the holders, in the manner 
and under the rules hereinbefore provided for the registry of Talookdaree and other similar tenures. 

**XLIV. Registration of old tenures.**—Tenures of the first and second exceptional classes in Section  
XXXVII may be registered, at the option of the holders; and when so registered shall be entered only in 
the special register. Application for such registry shall contain the particulars specified in Section XL so 
far  as  the  same  are  ascertainable,  and  notices  shall  be  served  and  issued  in  the  manner  prescribed  in 
Section XLI. If within the limited time no objection is made by any recorded proprietor or by any party 
interested not being a proprietor, the Collector shall make such enquiries as may be necessary to satisfied 
him  as  to  the  validity  of  the  tenure;  and  if  the  result  be  to satisfy  him  that  the tenure  is  valid,  he  shall 
report  the  case  to  the  Commissioner,  who, if  also  satisfied  that  the  tenure  is  valid,  shall  direct  it  to  be 
entered in the special register; otherwise the application for registry shall be rejected. If within the limited 
time any recorded proprietor or other party as aforesaid object to the registry of the tenure, the Collector 
shall  examine  the  person  so  objecting  of'  his  authorized  agent,  and  if  it  shall  appear  to  him  that  such 
person  has  probable  ground  of  objection,  shall  suspend  proceedings,  and  refer  the  parties  to  the  Civil 
Court; otherwise he shall proceed as if no objection had been made. If the decision of the Civil Court be 
in favor of the applicant, the Collector, on the presentation of a copy of the final decree, shall proceed as 
above provided for cases in which no objection is made within the limited time. 

**Proviso.**—Provided  always  that  nothing  contained  in  this  Section  shall  be  understood  as  rendering 
registration necessary for the protection of bond fide tenures of the description herein referred to. 

**XLV. Time for application for registry of tenures and farms.**—Application  for registry  existing 
tenures  and  farms  must  be  made  within  three  years  after  the  passing  of  this  Act  Application  for  the 
registry of tenures created after the passing of this Act must be made within three months from the date of 
the deed constituting the tenure.

**XLVI. Expenses of measurement, survey, or local enquiry.**—The  actual  expenses  of  any 
measurement, survey, or local enquiry made under Sections XLII and XLIV of this Act, shall be borne by 
the  party  who  applies  for  the  registry  of  his  tenure  or  farm;  and  such  party  may  be  required  by  the 
Collector from time to time to make such advances on this account as he may consider necessary. 

**XLVII. Civil Court not competent to order entry in the special register.**—No Civil Court shall be 
competent to order the Revenue Authorities to enter any tenure or farm in the special register. Provided 
always that the refusal of the Revenue Authorities so to register any tenure or farm shall not affect the 
title of the holder whatever it may be.
 
**XLVIII. Suit for the cancelment of the registry of a tenure or farm.**— Subject to the general law 
of  limitation, any person thinking himself wronged by the registry of a tenure or farm, may file a suit for 
the cancelment of the same.

**XLIX. Proceedings of Revenue Authorities in the registration of tenures.**—In  the  execution  of 
their functions in the registration of tenures and farms under this Act, all subordinate Revenue Authorities 
shall  proceed  in  accordance  with  the  general  instructions  which  they  may  receive  from  the  superior 
Revenue Authorities to whom they are subordinate, and from the local Government; and all orders passed 
under the Sections aforesaid shall be open to appeal in usual course. The order of a Commissioner for the 
special registry  of  a  tenure  under the  provisions  of this  Act, shall  be  open  at  any  time  within  one  year 
from the date of registry to revision by the Board of Revenue or the local Government, on the ground of 
the  Government  Revenue not  having  been sufficiently  secured  or  of  the  invalidity  of  the tenure,  as  the 
case may be. 

**L. Effect  of  entry  in  the  special  register.**—Entry  in  the  special  register  shall  be  an  effectual 
protection of the tenure or farm so registered, unless in a suit instituted by Government in a Civil Court 
within the period allowed for suits for the recovery of the public revenue a decree be passed pronouncing 
the registration to have been obtained by fraud, to the injury of the Government revenue. Provided that a 
tenure  or  farm  in  the  hands  of  a  bond  fide  purchaser  for  value  shall  not  be  avoided  by  reason  of  such 
fraud. But the tenure or farm shall be liable to such amount of rent as would have been fair and equitable 
at the time of the special registry thereof, such amount to be fixed by the Collector.  

**LI. Protection of talookdaree tenures pending enquiry, in case of sale of parent estate for arrears 
of revenue.**—Tenures and farms of the third exceptional class described in Section XXXVII of this Act, 
for the special registration of which application shall be made within the prescribed time, and in respect of 
which the Collector shall have commenced the enquiry prescribed in Section XLII, shall, in case of the 
sale  of  the  parent  estate  for  arrears  of  revenue,  be  protected  pending  the  duration  of  such  enquiry,  and 
shall  be  protected  eventually  by  registration,  if  the  final  award  of  the  Revenue  Authorities,  upon  such 
application, be in favor of the claimant.

**LII. Rights of a purchaser of an estate not permanently settled sold for its  own 
arrears.**—  The  purchaser  of  an  estate  in  a  district  not  permanently  settled,  sold  under  this  Act  for  the 
recovery of arrears due on  account of the same, shall acquire the estate free from all encumbrances which 
may have been imposed upon it after the time of settlement, and shall be entitled to avoid and annul all 
tenures  which  may  have  originated  with  the  defaulter  or  his  predecessors,  being  representatives  or 
assignees of the original engager, as well as all agreements with ryots or the like settled or accredited by 
the first engager or his representatives, subsequently to the last settlement, as well as all tenures which the 
first  engager  may,  under  the  conditions  of  his  settlement,  have  been  competent  to  set  aside,  alter,  or 
renew,  saving  always  and  except  leases  of  lands  whereon  dwelling  houses,  manufactories,  or  other 
permanent  buildings  have been erected, or  whereon gardens, plantations,  tanks,  wells, canals,  places of 
worship, or burning or burying grounds have been made, wherein mines have been sunk, which leases or 
engagements  shall,  so  as  the  land  is  duly  appropriated  to  such  purposes,  and  the  stipulated  rent  paid, 
continue in force and effect. Provided that nothing contained in this Section shall be construed to entitle 
any  purchaser  of  land  at  a  public  sale  for  arrears  of  revenue  to  demand  a  higher  rate  of  rent  from  any 
persons whose tenure or agreement may be annulled as aforesaid, than was demandable by  the cases in 
which such persons may have held their lands under engagements, stipulating for a lower rate of rent than 
would have been justly demandable for the land, or in cases in which it may be proved that, according to 
the custom of the pergunnah, mouzah, or other local division, such persons are liable to be called upon for 
any new assessment, or other demand not interdicted by the regulations of Government. 

**LIII. Rights of a purchaser being a sharer in any estate.**—Excepting  sharers  in  estates  under 
butwarrah  who  may  have  saved  their  shares  from  sale  under  Sections  XXXIII  and  XXXIV  Regulation 
XIX.  1814,  and  sharers  with  whom  the  Collector,  under  Sections  X  and  Xl  of  this  Act,  has  opened  
separate accounts, any recorded or unrecorded proprietor or co-partner, who may purchase the estate of 
which he is proprietor or co-partner; or who by re-purchase or otherwise may recover possession of the 
said estate, after it has been sold for arrears under this Act; and likewise any purchaser of an estate sold 
for  arrears  or  demands  other  than  those  accruing  upon  itself;  shall  by  such  purchase  acquire  the  estate 
subject to all its encumbrances existing at the time of sale and shall not acquire any rights in respect to 
under-tenants or ryots, with were not possessed by the previous proprietor at the time of the sale of the 
said estate. 

**LIV. Rights of purchasers of shares of estate.**—When a share or shares of an estate may be sold 
under  the  provisions  of  Section  XIII  or  Section  XIV,  the  purchaser  shall  acquire  the  share  or  shares 
subject to all encumbrances, and shall not acquire any rights which were not possessed by the previous 
owner or owners.

**LV. Recovery of arrears due to defaulters.**—Arrears of rent which on the latest day of payment may 
be due to the defaulter from his under-tenants or ryots, shall, in the event of a sale, be recoverable by him 
after  the  said  latest  day,  by  any  process  except  distraint  which  might  have  been  used  by  him  for  that 
purpose on or before the said latest day.

**LVI. Punishment for contempt.**—Any  Collector  or  other  Officer  as  aforesaid  conducting  a  sale 
under  this Act shall be competent to punish any contempt committed in his presence in open cutcherry or 
office  for  the  time  being,  by  fine,  to  an  extent  not  exceeding  two  hundred  Rupees,  commutable,  if  not 
paid, to imprisonment in the Civil jail for a period not exceeding one month; and the Magistrate to whom 
such an offender may be sent by a Collector or other Officer as aforesaid, shall carry his sentence into 
effect.  Provided  that  an  appeal  from  any  order  passed  under  this  Section shall  lie  to  the  Revenue 
Commissioner, whose decision shall be final.

**LVII. Default in making deposit to be considered a contempt.**—-A default to make good a bid by 
making the deposit required by Section XXII of this Act, shall be held to be a contempt. 

**LVIII. Government may purchase at a sale.**—When an estate is put up for sale under this Act for 
the  recovery  of  arrears  of  revenue  due  thereon,  if  there  be  no  bid,  the  Collector  or  other  Officer  as 
aforesaid may purchase the estate on account of the Government for one Rupee, or if the highest bid be 
insufficient to cover the said arrears and those subsequently accruing up to the date of sale, the Collector 
or other Officer as aforesaid may take or purchase the estate on account of the Government at the highest 
amount bid; in both which cases the Government shall acquire the property subject to the provisions of 
this Act.

**LIX.  Fees  and  charges  demandable  by  Collector.**—The  Collector  on the  part  of the  Government 
shall be entitled to demand from applicants under Sections X and XI, Sections XV and XVI, and Sections 
XL,  XLIII,  and  XLIV  of  this  Act,  fees  not  exceeding  the  rates  specified  in  Schedule  B  to  this  Act 
annexed, which schedule shall be taken as part of this Act; and applications under the said Sections shall 
not be received unless the said fees are tendered therewith.

**LX. Regulations  VII.  1822  and  IX.  1825  to  be  in  force  in  certain  estates.**—The  provisions  of 
Regulation  VII,  1822  and  Regulation  IX.  1825  shall  be  in  force  in  every  estate  in  any  part  of  which  a 
measurement,  survey,  or  local  enquiry  may  be  made  under  this  Act;  and  in  every  estate  purchased  or 
taken on account of Government under this Act.  

**LXI. Interpretation.**—In  the  construction  of  this  Act  the  word  “Collector”  shall  include  a  Deputy 
Collector or other Officer exercising by the authority of Government the powers of a Collector or deputy 
Collector.

**LXII. Application of Act.**—The operation of this Act shall be confined to such parts of the Lower 
Provinces in the Presidency of Fort William in Bengal as are or shall be subject to the general Regulations 
of that Presidency.



###SCHEDULE A. 

I certify that A. B has purchased under Act No. XI of 1859 the mehal (or share of a mehal) specified 
below, standing in the towjee of the district of and that his purchase took effect on the day of (being the 
day after that fixed for last day of payment).

(Signed) D E  

Collector 

__________ 


###SPECIFICATION. 

*(if of an entire Mehal.)*



Towjee number 

Name of Mehal 

Name of the former proprietor 

Sudder jumma 


*(if of a Share of a Mehal.)*


Towjee number of the entire Mehal 

Name of the entire Mehal 

Sudder Jumma of the entire Mehal 

Description of the share sold 

Subordinate Towjee number of the share sold 

Name of the former proprietor of the share sold 

Sudder Jumma for which the share sold is separately liable.  
 
 
 
###SCHEDULE B. 

Fees. 

For filling an application under Section X or Section XI for opening a separate account for a share of 
an entire estate.  

If the annual jumma of the share do not exceed 250 Rupees, …………..25    0   0 

If the annual jumma of the share exceed 250 Rupees and do not exceed 1000 Rupees, at the rate of ten 
per cent upon the jumma. 

If the annual jumma of the share exceed 1,000 Rupees, at the rate of ten per cent upon 1,000 Rupees, 
and two per cent upon all above that amount.  

For  filing  an  application  for  a  deposit  of  money  or  Government  Securities  under  Section  XV,  half 
percent. on the amount deposited.  

For any interest on Government Securities so deposited, drawn by the Collector, half per cent. of the 
amount drawn.  

For filling an application for withdrawal of a deposit under Section XVI, half per cent. of the amount 
withdrawn.  

For filing an application under Section XL, XLIII, or XLIV for the registration of an under-tenure or 
farm.  

If the annual rent of the under-tenure do not exceed 500 Rupees, 25   0   0 

If the annual rent of the under-tenure exceed 500 Rupees and do not exceed 1,000 Rupees, at the rate 
of five per cent. upon the rent.  

If the annual rent of the under-tenure exceed 1,000 Rupees, at the above rate up to 1,000 Rupees, and 
at one per cent. upon all above that amount.