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The Bengal Landholders' Attendance Act, 1848
Act 20 of 1848
Keyword(s):Land Revenue, Enforcing Attendance, Farmer, Fine
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Act XX of 1848(The Bengal Landho!ders' Attendance Act,
1848.)'
Act I of 1903.- (a) The Government of India(Adapration of Indian
Laws) -Order, 1937.(b) ' he Adaptation of Laws- Order. 1950.
An Act for better etlforcing the arterldance of proprierors and
farmersoJ la t~d efore Collectors of land-revenzre i r ~ he La lee
r Provincesof the Berrgal Presidency.
WHEREAS, by sundry Regulations of Ihe Bengal Code,
Pmamble.provision is madc for Lhc imposition of a daily f ine by h
e Board ofRevenuc or other authority exercising the powcrs 01 ha t
Board on anyproprielor or famcr of land, subject to the provjsions
contained in h esaid several Rcgula~ions,who, whcn duly summoned by
h e Collecloror orher officer exercising Ihc powcrs of Collector,
shall omit or refuse -lo auend, or to cause his officcr or agenr lo
attend, or to furnish theaccounls or documcnl rcquircd, and shall
not show sufficient cause forsuch drnssion; and il is furlhcr
providcd that the finc, when confirmedby Government, is lo be
levicd by thc samc proccss as is prescribedTor the recovery of
arrears of rcvcnuc;
AND WHEREAS in many cases, by the delay thus occasioned,the
whole burden of the penalty is greatly increased beyond whatwould
be necessary if summary power were given lo [he officer bywhom thc
requisition is made lo impose and levy reasonable fincs,subjcct to
review by h e Commissioner of Revenuc and olhcr
supcrioraulhorily;11 is cnacted as follows :-1. If any proprietor
or Canner of land shall omit or rcfusc to Pcndly onaltcnd, or 10
cause his officer or agent to attcnd, whcn duly summoned
'mdhO'dC"not mendingby lhc Colteclor, in any casc s p i f j e d in
any of the said Regulalions, when sumonclby the time prescribed in
the notice issued by the Collector, or shall by CoUcclor.omit or
refuse to furnish lhe accounts or documents required, andshall not
show suificicnt cause for such omission, the Colleclor mayimpose of
his ow n aulhorily such daily fine, ro be payable daiIy unul'SIIORT
Trrt.E.--This shon r i ~ l cw u given by ihc Amending Act, 1903 ( 1
of1903).~ A Lm . - T h i s Acl was p a d Tor Ihc wholc of hc fomicr
Pruvir~ccOJBengol-~ee Ihc tillc.lr h z bccn dcctmd. by rhc Lurs
Locd Extcnl Act. 1874 (X V or 11874). s. 6, to
bc in Corcc throughou~Be iorrncr Pro~ , i r~ccJ Bcngul, cxcept %
rcgYds lhc ScheduledDisuicrs.I[ has bccn d c c l d , by
norificarion undcr Ihc Scheduled Disuicb Acl, 1874(XIV f 1874). s.
3. to be in force in Wcst Jdpiguri . in thc Jalpaiguti
district.
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300 The Bengul Landllslders' A ~ e ~ r d a t ~ c ecr, 1848
Rcpon orimpos i t i onand Icvyof fine.
Appeal fmmCollccrofsordcn.
Saving ofpw c r toSnc.
[Act XX of 1848.1
compliance w i h the requisition, a s he may Lhink adcqualc lo
Lhcsituation and circumslances in lire of the dcfaullcr, no1
cxcccding inany case lhc daily finc of f i f ~ y upecs: and the
amount of such finc,accruing duc from time lo timc, may be levied
wilhou[ fudher con-firmalion by the sarnc process as is prcscribcd
for [he recovery ofarrears of rcvcnuc.
2. Thc Collcc~or halI forrhwiih report [I IC irnposilion ofcvcry
sllch fine,and the amount rhcrcof, and also from time to lime[he
arnounr levicd, 10 t t ~ e omrnissioncr of Rcvcnuc, who shall
rcporlUie sane for rhz information of rhc ' [Stale Government].
Ii
I3. Evcry ordcr passed by a Collcc~or nder 1 his Act shall be
!appealable in [lie usual manner to h c Commissioner of Rcvenuc
andolhcr superior aulhoricy; but no such appcal shall avail ro
prcvenl [helevy of any tine so imposed pending the appeal. I
4. Whenever rhc amount levied under any such ordcr issuedfor any
default by aulhorily of a ColIcctor under this Act shall
haveacceded five hundred rupees, the Collector shall rcport the
casespecially to the Comrnissioncr 01 Revcnue; and no rurther levy
for Isuch defaul~ hall bc made othenvise Lhan by aulhori~yof thc
Com- Imissioner of Rcvenuc.
5. Nothing in [his Act conraincd shall bc deemed 10 repcaIthc
powcr of impwing daily lines and of Ievying ac fincs so imposcdin
the manner prescribed by the said several Regulations.
6. The G r d "Collcc(or" used in th is Act shall be taken 10mean
any pcrson lawrully exercising [he powers of a ColIector.7. This
Act shall not exret~d o the North-West Provirlces of
tlie Pr e s i d~~ r c yf Berrgol.
'Thc words "Fmvinciirl Government" werc subs~i~urcdor thc words
"LocaIGov-emmcnl" by pmgnph 4111 of thc Govcmmcnt of India
(Adap~alion f Indian Laws)Ordct. 1937.md Ihc uv~d Sraw' w x
uhcqucn~ly ubs\i\u\cd lor Ihc word "Proringid"by p m g n p h 4 (1 )
of the Adaptxion or Laws Order, 1950.
