THE BENGAL RENT ACT, 1862

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The Bengal Rent Act, 1862 was enacted on May 14, 1862 for the purpose of altering the provisions under the Bengal Rent Act, 1859 with regard to the provinces and areas that comes under the Bengal Government. Section 1 of the enactment was annulled by the Amending Act of 1903. Where a litigation for rent has been filed under 1859 Act and where the Court considers that the respondent has with no just or probable reason ignored or declined to give the amount which is to be paid, and he did not prior to the initiation of the litigation give the amount to the petitioner or the agent to him he had given sanction on his behalf or where the plaintiff turns down to receive the amount, has failed to deposit the amount under the authority of the Collector prior to the initiation of the enactment in the specified mode, the Court shall direct the respondent to give the amount to the plaintiff along with the amount which is to be paid with regard to rent and the damages thereof which shall not be more than 25 percent of the amount which is granted by the Court. It shall also include the amount or the litigation which is instituted along with interest of 4 percent on the principal amount. In case of failure to pay the amount, the plaintiff shall recover from the respondent amount with the amount and interest similarly as the decree has been passed.

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Besides, the Act states that where a litigation to get back rent as per the 1859 enactment is filed and it is evident to the Court that the petitioner has initiated the litigation against the respondent with no just and fair reasons or the respondent prior to the filing of the suit provided with the Collector in the process which is prescribed under the enactment including the complete amount that was directed by the Court to pay. The Court shall also direct the respondent to pay such amount including a compensation of twenty five percent of the amount claimed by the petitioner. He shall also pay such amount consisting of six percent or quarter interest till the payment of such amount. The amount shall be recovered from the respondent in the manner specified under 1859 Act. Where an under tenant also called the raiyat for getting back the rent or in any other location where the rent for such property is deposited or in the place where agricultural activities are conducted by such person are generally to be paid, the amount to be paid which such person deems to be the complete amount of the rent to be given from such term to the zamindar or any other person authorized to receive such amount. Where the amount to given was not admitted, the under-tenant also called the raiyat to give the amount to the Court of the Collector on behalf of the zamindar with no chance of initiation of any litigation.

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The Collector is given power under the Act to receive the amount when an application has been received from the under-tenant or the authorized agent or by accepting a declaration given by the raiyat in the manner specified in the Schedule and subsequently the Collector shall provide a receipt as proof of the application or declaration. The declaration shall be added with such details that are known to the under-tenant and where false information is given, such person shall be liable to imprisonment as provided under the Act. Thereafter, the Collector shall furnish a notice to the person for whom the amount is deposited in the prescribed method and the notice shall be sent to the person without charging the fee on him. The Act provides for the survey to be conducted on the land to assess the measurement. The respondent is liable to pay cost for acting contrary to the terms of the enactment.