Bengal Tenancy Act (1885)
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Bengal Tenancy Act (1885)
The Bengal Tenancy Act 1885 was an enactment of the Bengal government that defined the rights of ''zamindars'' lords and their tenants in response to a widespread peasant revolt. Eighteenth century The Permanent settlement of 1793 gave absolute rights to the zamindars, who were hereditary landholders and ruled as such, but the rights of tenants were not defined. With time, in the nineteenth century, the land demand increased and the lords increased rents and land revenues. The Raiyots (tenants) refused to accept the zamindari rent increase beyond the customary rates. This time period also saw a rise in the lesser-landed nobility (Chowdhurys and Taluqdars), whose existence did not fall under the Permanent Settlement laws. The ''Madhyasvatvas'', as they were called (literally Subinfeudation), received their rights by purchase, and not by inheritance like the lords. The government tried to accommodate this class by enacting the Rent Act in 1859. But the issues remained. Ninetee ...
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Enactment (British Legal Term)
In the law of the United Kingdom, the term enactment may refer to the whole or part of a piece of legislation or to the whole or part of a legal instrument made under a piece of legislation. In ''Wakefield Light Railways Company v Wakefield Corporation'', Ridley J. said: In ''Postmaster General v Birmingham Corporation'', Roache LJ said "I am unable to accept the ingenious argument that the word 'enactment' in" section 7 of the Telegraph Act 1878 "refers to special or ad hoc enactments dealing with specific works and does not refer to general enactments . . . No such limitation upon the word "enactment" is expressed, and in my judgement none can or should be implied." In ''Rathbone v Bundock'', Ashworth J said that in "some contexts the word "enactment" may include within its meaning not only a statute but also a statutory regulation but, as it seems to me, the word does not have that wide meaning in" the Road Traffic Act 1960. "On the contrary, the language used in a number of ...
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Zamindari
A zamindar ( Hindustani: Devanagari: , ; Persian: , ) in the Indian subcontinent was an autonomous or semiautonomous ruler of a province. The term itself came into use during the reign of Mughals and later the British had begun using it as a native synonym for “estate”. The term means ''land owner'' in Persian. Typically hereditary, from whom they reserved the right to collect tax on behalf of imperial courts or for military purposes. During the period of British colonial rule in India many wealthy and influential zamindars were bestowed with princely and royal titles such as ''maharaja'' (great king), ''raja/rai'' (king) and ''nawab''. During the Mughal Empire, zamindars belonged to the nobility and formed the ruling class. Emperor Akbar granted them mansabs and their ancestral domains were treated as jagirs. Some zamindars who were Hindu by religion and brahmin or kayastha or kshatriya by caste were converted into Muslims by the Mughals. During the colonial era, the ...
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East Bengal State Acquisition And Tenancy Act Of 1950
The East Bengal State Acquisition and Tenancy Act of 1950 (also known as the East Pakistan Estate Acquisition Act 1950) was a law passed by the newly formed democratic Government of East Bengal in the Dominion of Pakistan (present day Bangladesh). The bill was drafted on 31 March 1948 during the early years of Pakistan and passed on 16 May 1951. Before passage of the legislature, landed revenue laws of Bengal consisted of the Permanent Settlement Regulations of 1793 and the Bengal Tenancy Act of 1885. The 1793 legislature created a landed aristocracy (see: Zamindars of Bengal) which was supposed to be loyal to the British Empire. The Act of 1885 defined the rights and liabilities of the peasants ('' ryats'') in relation to their superior lords (''Zamindars''). After the fall of the British rule in 1948, the law abolished the Zamindari system in the region, after which the lands of the state were under the federal government. It was seen as a democratic move to a ''people's state' ...
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Pabna Peasant Uprisings
Pabna Peasant Uprising (1873–76) was a resistance movement by the peasants ("Ryots") against the lords of the lands in Bengal ("zamindars") in the Yusufshahi pargana (now the Sirajganj District, Bangladesh) in Pabna. It was led by Ishan Chandra Roy, Ishan Chandra Roy is known as "Bidrohi Raja"(বিদ্রোহী রাজা) or in English "Rebel King". It was supported by intellectuals such as R.C Dutt, Surendranath Banerjee, Bankim Chandra Chatterjee, etc. It was overall a peaceful movement. Events Some lords forcefully collected rents and land taxes, often enhanced for the poor peasants and also prevented the tenants from acquiring Occupancy Right under Act X of 1859. This Act conferred occupancy rights on tenants who held land for 12 years as well as paid their rents. But zamindars didn't want this to happen. The peasants were often evicted from the land due to non payment. The lords who gained parts of the Natore Raj frequently conducted violent act in order to gain more ...
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Subinfeudation
In English law, subinfeudation is the practice by which tenants, holding land under the king or other superior lord, carved out new and distinct tenures in their turn by sub-letting or alienating a part of their lands. The tenants were termed mesne lords, with regard to those holding from them, the immediate tenant being ''tenant in capite''. The lowest tenant of all was the freeholder, or, as he was sometimes termed, ''tenant paravail''. The Crown, who in theory owned all lands, was ''lord paramount''. The great lords looked with dissatisfaction on the increase of such subtenures. Accordingly, in 1290 a statute was passed, , which allowed the tenant to alienate whenever he pleased, but the person to whom he granted the land was to hold it for the same immediate lord, and by the same services as the alienor held it before. Scotland In Scots law, the feudal system was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. The length of a lease was limited to 17 ...
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Madhyasvatva
Madhyasvatva (literally meaning "Subinfeudation") was a term used to denote the intermediate rights (lesser nobles, or tributaries to higher-ranking lords) that developed in Bengal following the Permanent Settlement Act of 1793 by Lord Cornwallis. The "zamindars" (or feudal lords) created new offices and rights in between themselves and the peasants or the "Ryots". This practice of land ownership has been described by the nineteenth century revenue surveyors as having similarities with European feudalism of pre- modern times. The "taluqdars" rose during this stage in Bengal and in a few generations transformed into petty aristocrat The aristocracy is historically associated with "hereditary" or "ruling" social class. In many states, the aristocracy included the upper class of people (aristocrats) with hereditary rank and titles. In some, such as ancient Greece, ancient Ro ...s. Sources {{Reflist British Indian history ...
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Permanent Settlement
The Permanent Settlement, also known as the Permanent Settlement of Bengal, was an agreement between the East India Company and Bengali landlords to fix revenues to be raised from land that had far-reaching consequences for both agricultural methods and productivity in the entire British Empire and the political realities of the Indian countryside. It was concluded in 1793 by the Company administration headed by Charles, Earl Cornwallis. It formed one part of a larger body of legislation, known as the Cornwallis Code. The Cornwallis Code of 1793 divided the East India Company's service personnel into three branches: revenue, judicial, and commercial. Revenues were collected by ''zamindars'', native Indians who were treated as landowners. This division created an Indian landed class that supported British authority. The Permanent Settlement was introduced first in Bengal and Bihar and later in the south district of Madras and Varanasi. The system eventually spread all over nort ...
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Taluqdar
Taluqdars or Talukdar ( Hindustani: Devanagari: ; Perso-Arabic: , ; from ''taluq'' "estate/attachment" + '' dar'' "owner"), were aristocrats who formed the ruling class during the Delhi Sultanate, Bengal Sultanate, Mughal Empire and British Raj. They were owners of a vast amount of lands, consistently hereditary, and were responsible for collecting taxes. The Taluqdars played helpful roles in the progression of Indian architecture and Indian economy during the reign of Emperor Shah Jahan and Aurangzeb, particularly in Bengal Subah, the most economically developed province in South Asia.Om Prakash,Empire, Mughal, ''History of World Trade Since 1450'', edited by John J. McCusker, vol. 1, Macmillan Reference US, 2006, pp. 237–240, ''World History in Context''. Retrieved 3 August 2017 Being powerful peers, similar to those of Europe in the Middle Ages, after the decline of the Mughal state the Taluqdaris were to withstand the revenue collectors of the Colonial Powers while also br ...
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Chowdhury
Chowdhury is a title of honour, usually hereditary, originating from the Indian subcontinent. It is an adaption from Sanskrit. During the Mughal rule, it was a title awarded to eminent people, while during British rule, the term was associated with zamindars and social leaders. The common female equivalent was Chowdhurani. Many landlords under the Permanent Settlement carried this surname. Land reforms after the partition of India abolished the permanent settlement. In modern times, the term is a common South Asian surname for both males and females. Meaning and significance "Chowdhury" is a term adapted from the Sanskrit word ''caturdhara'', literally "holder of four" (four denoting a measure of land, from ''chatur'' ("four") and ''dhara'' ("holder" or "possessor")). The name is a Sanskrit term denoting the head of a community or caste. It was a title awarded to persons of eminence, including both Muslims and Hindus, during the Mughal Empire. It was also used as a title by mil ...
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Raiyot
Ryot (alternatives: raiyat, rait or ravat) was a general economic term used throughout India for peasant cultivators but with variations in different provinces. While zamindars were landlords, raiyats were tenants and cultivators, and served as hired labour. A raiyat was defined as someone who has acquired a right to hold land for the purpose of cultivating it, whether alone or by members of his family, hired servants, or partners. It also referred to succession rights. Etymology ''Ryot'' originates from the Hindi-Urdu word ''ra`īyat'' and the Arabic word ''ra`īyah'', translated as "flock" or "peasants", in turn originating from the word ''ra`ā'', meaning "pasture". Classifications Under the Mughal system of land control there were two types of raiyats: khudkasta and paikasta. The khudkasta raiyats were permanent resident cultivators of the village. Their rights in land were heritable according to Muslim and Hindu laws of succession. The other type of raiyats was called ...
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Bengal Presidency
The Bengal Presidency, officially the Presidency of Fort William and later Bengal Province, was a subdivision of the British Empire in India. At the height of its territorial jurisdiction, it covered large parts of what is now South Asia and Southeast Asia. Bengal proper covered the ethno-linguistic region of Bengal (present-day Bangladesh and the Indian state of West Bengal). Calcutta, the city which grew around Fort William, was the capital of the Bengal Presidency. For many years, the Governor of Bengal was concurrently the Viceroy of India and Calcutta was the de facto capital of India until 1911. The Bengal Presidency emerged from trading posts established in Mughal Bengal during the reign of Emperor Jahangir in 1612. The East India Company (HEIC), a British monopoly with a Royal Charter, competed with other European companies to gain influence in Bengal. After the decisive overthrow of the Nawab of Bengal in 1757 and the Battle of Buxar in 1764, the HEIC expanded ...
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Land Rent
In economics, economic rent is any payment (in the context of a market transaction) to the owner of a factor of production in excess of the cost needed to bring that factor into production. In classical economics, economic rent is any payment made (including imputed value) or benefit received for non-produced inputs such as location (land) and for assets formed by creating official privilege over natural opportunities (e.g., patents). In the moral economy of neoclassical economics, economic rent includes income gained by labor or state beneficiaries of other "contrived" (assuming the market is natural, and does not come about by state and social contrivance) exclusivity, such as labor guilds and unofficial corruption. Overview In the moral economy of the economics tradition broadly, economic rent is opposed to producer surplus, or normal profit, both of which are theorized to involve productive human action. Economic rent is also independent of opportunity cost, unlike econo ...
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