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Act V of 1859

(The Bengal Ghatwali Lands Act, 1859.)'

T r m G I V ...
SHORT ~ ... Act I of 1903.

{a) Thc Governmcnl of India


f:
(Adapla~onof Indian
ADAPTED ... ... Laws) Order, 1937.
(b) 'Ihc Adaptation of Laws
Order, 1950.

(41h March, 1859.)

An Act ro empower ffde holders of ghalwali larlds in the district of


Birblrurn to granr leases &enditrg beyond the period of (llreir own
porsession.

WHEREAS il has been held that lIle gfrobcals of Ihe district of Prcmblc.
Birbhum who pay h e revenue or' thcir lands dircclly Lo Governmenl
under the provisions of Regulation XXIX, 18142, of h e Bengal Code,
have not thc power of alienaung their lands;

A N D WHEREAS, for h c developmcnt of h e mincral resources of


the counuy in which rhc said glrar\vali lands are situatc, and for Lhc
improvcment of the said lands, it is expcdicnr lhat h e power of granting
l w e s for periods not limited by thc term of heir own possession should
in certain cases bc exrended to he possessors o l such lands :-
It is cnacted as follows :-

I. c~fohvals holding lands in the disuicl of Birbhum under the Righl of


provisions of h e aforesaid Rcgulalion shall have hc same power of ghuwals
Birbhum ro
granting 1qse.s for any period which (hey may deem most conducive to grylt
rhc improvement of heir tcnurcs as is allowcd by law to ihc proprietors
of olher lands :

Provided rhal no l m e of ghohvoli lands for any period extcnding


beyond thc lifctimc or incumbency of the p t w o l the leme shall be
valid and biuding on Ihc successos of the grantor, unless the same shall
be grantcd for ihc working of mines or for h e clearing of jungle, or for
the crccuon of dw~llinghouses or manufac~ories,or lor ranks, canals
and similar works, and shall be approvld by h c Commissioner of Ihe
Division, such approval being certified by an endorsement on thc lcase
under Lhr: signalure of he Commissioner.

'SIIORT T-.-This shon titlc w a givcn


~ by thc Amcnding ACI, i903 (I or
JS93).
I,x~;L ExENK-'~,.~.. Act wx pxscd only for the dislrict or Srrbhurrt.rec 'hc
tillc and s. 1.
V h c Bcngal Ghanv.~lih d s Regulation, 1814.
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The Bengal Ghatwali Lands Acr. 1859. I


!
[Act V of 1859.1 i

Courl af Wmds 2. If any of ~ h said


c glrahuoli Iands be at any lime under the
and Rrucnuc- superintendence of the Court of Wards, or othcrwisc subject Lo the
nuthorities d i r ~ control
i of the officers of '[the Gnvernmenl], it shall bc lawful
:$ hnvc likc power for !he Corn of Wards or thc Commissioner ro grant lcaes for any
in cenain cnrcs. such purposc as aforesaid; and every lease so granrcd shall bt: valid
and binding on all future possessors of the said lands, anylhin~in the
existing law tn the contrary nolwithstanding.

'The word "Crown" WLU suUbsrimtcd ior Lhc wurd "Govcmrncnr" by para 3 and
thc 1 s t Sch. 01lhe Ciovcrnrncnl or India (Adoparion of Indian Laws) Order, 1937, and
rhc word "Go~crnmtnl" w s subscqucmly subslimlfd fcr rhc word "Cmwn" by g m .
gngh 4 ( I j of Ihc Adaprltion o f LAWS Order. 1950.

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