The Bengal Land Revenue Sales Act, 1859

The Bengal Land Revenue Sales Act of 1859, a pivotal piece of legislation, brought significant changes to the process of land sales for revenue arrears in the Lower Provinces under the Bengal Presidency. This act was designed to address the shortcomings of the existing system, aiming to protect the interests of landowners while ensuring the efficient collection of government revenue. It introduced measures to safeguard against accidental sales, facilitate the separation of shares in joint estates, and provide a clear framework for the sale and purchase of land. The Act also sought to protect the rights of under-tenure holders and ensure transparency in revenue collection processes.

Act Background and Ministry:
The Bengal Land Revenue Sales Act, 1859, was enacted during the British colonial rule in India. It was primarily designed to improve the existing system of land revenue collection and sales. The Act falls under the purview of the then-existing legislative council of India, which was under the British administration. Currently, the subject matter of the Act would fall under the domain of the Ministry of Revenue or the equivalent ministry dealing with land and revenue matters in the respective state governments of India.

Enactment Date, Number of Chapters, Number of Sections:
The Act was passed by the Legislative Council of India and received the Governor General’s assent on May 4, 1859. It is structured into 62 sections. There are no formal chapters in this act, but the sections are grouped logically by subject matter.

Act Governed By:
The Act was primarily governed by the then-existing Board of Revenue at Calcutta. This board was responsible for overseeing the implementation of the Act and ensuring that the revenue collection and sales processes were conducted fairly and efficiently. The Act also involved the roles of Collectors, Commissioners of Revenue, and other revenue officials.

On Whom it is Applicable:
The Bengal Land Revenue Sales Act, 1859, was applicable to the Lower Provinces under the Bengal Presidency, which included areas like Bengal, Bihar, and Orissa. It applied to all landowners, proprietors, co-partners, and individuals who were liable to pay land revenue to the government. This included both those who owned entire estates and those who held shares in joint estates. The Act also impacted under-tenure holders and other individuals with interests in land.

Penalties/Punishments:
The Act specifies various penalties and punishments for non-compliance. These include:

• Forfeiture of Deposits: If a purchaser fails to make full payment within the stipulated time, their initial deposit is forfeited.

• Liability for Resale Costs: Defaulting purchasers are liable for any difference between their bid and the final sale price if the property has to be resold.

• Contempt of Authority: Individuals who commit contempt in the presence of a Collector or other officer conducting a sale can be fined up to two hundred Rupees or imprisoned for up to one month.

• Default in Deposit: Failure to make the required deposit after a successful bid is considered contempt.

Important Pointers:

• Arrears of Revenue: The Act defines an arrear of revenue as any unpaid portion of a kist or installment of revenue on the first day of the following month.

• Notification of Sales: Public notification was mandated before the sale of estates for revenue arrears, including details of the arrear and the last date for payment.

• Protection of Shares: The Act provided mechanisms for recorded sharers of joint estates to pay their shares of revenue separately, protecting them from the defaults of co-sharers.

• Deposit for Protection: Landowners could deposit money or government securities to protect their estates from sale, which could be used to pay any future arrears.

• Right of Appeal: The Act provided for appeals against sales, with the Commissioner of Revenue having the power to annul sales that were not conducted according to the Act’s provisions.

• Purchase Money Application: The purchase money from sales was first applied to cover the arrears and other outstanding dues, with any remaining amount returned to the former proprietor.

• Registration of Tenures: The Act facilitated the registration of various tenures, providing security against future sales.

• Rights of Purchasers: Purchasers acquired the estate free from encumbrances made after the time of settlement, with certain exceptions for long-standing tenures and leases.

• Civil Court Jurisdiction: Civil Courts could only annul sales if they were made contrary to the provisions of the Act and caused substantial injury to the plaintiff.

• Government Purchase: The government could purchase estates at a nominal price if there were no other bidders, or at the highest bid if it was insufficient to cover the arrears.

Act Copy: