A Regulation for the due
appropriation of the rents and produce of lands granted for the support
of 2* * * *
colleges and other purposes; for the maintenance and repair of ***3 public
buildings and for the custody and disposal of nazul property or escheats. Whereas considerable endowments
have been granted in land by the preceding Governments of this country and by
individuals of the support of 2***
colleges and for others 4***
beneficial purposes; and whereas there are grounds. to suppose that the produce
of such lands is in many instances appropriated, contrary to the intentions of
the donors, to the personal use of the individuals in immediate charge and
possession of such endowments; and whereas it is an important duty of every
Government to provide that all such endowments be applied according to the real
intent and will of the grantor; and whereas it is moreover essential to provide
for the maintenance and repair of 5***
buildings which have been erected either at the expense of Government or of
individuals for the use and convenience of the public, and also to establish
proper rules, for the custody and disposal of nazul property or escheats, the
following rules have been enacted, to be in force, from the period of their
promulgation, throughout the 6[territories]
immediately dependent on the Presidency of Fort William.7 c.-The general superintendence of
all lands granted for the support of **'*2 colleges
and for other *** 4beneficial
purposes, and of all public buildings, such as bridges, sarais, kattras and other
edifices, is hereby vested in the Board of Revenue8 ***9. 1.
It shall be the duty of the Board of Revenue8 *** 10to take
care that all endowments made for the maintenance of establishments of the
above description be duly appropriated to the purpose for which they were
destined by the Government or individual by whom such endowments were granted. 2.
In like manner it shall be the duty of 11[the
Board of Revenue]8 to
provide, with the sanction of the 12[State]
Government for the due repair and maintenance of all public edifices which have
been erected, either at the expense of the former or present Government or of
individuals, and which either at present are or can conveniently be rendered
conducive to the convenience of the community.13 In those cases, however, in which
any of the buildings in question have fallen to decay, and cannot, from that or
other causes, be conveniently repaired, or are not calculated if repaired to
afford any material accommodation to the public, the 14[Board]
shall recommend that they be sold on the public account or otherwise disposed
of, as may appear most expedient. Under the foregoing rules it will
of course be incumbent on the Board of Revenue *** 10to
prevent any lands which have been granted for the support of establishments of
the above description from being converted to the private use of individuals,
or being converted to the private use of individuals, or appropriated in any
other mode contrary to the intent and will of the donor; and likewise to
prevent all public edifices from being usurped by individuals and falling into
the possession and exclusive use of private persons. Whenever the Board of Revenue ***15 may
be of opinion that any of the above mentioned edifices require repaid, they
shall obtain the necessary estimates of the expense required for the execution
of the word, and forward them16 to
the 17[State]
Government for its approval. The general superintendence of
all nazul property or escheats, is likewise hereby vested in the Board of
Revenue ***18 ,
who will inform themselves fully through the channel hereafter mentioned of all
property of that description, and [direct whether it should]19 be
sold on the public account, or in what other mode it should be disposed of. To enable the Board of Revenue
***15 the
better to carry into effect the duties entrusted to them by this Regulation,
local agents shall be appointed in each zila subject to the authority, control
and orders of 20[the
Board]. The Collector of the zila shall
be ex-officio one of those agents, with whom the 17[State]
Government will unite such other public officers whether in the civil, military
of medical branch of the service, as may from time to time be judged expedient. Under the provisions of the
present Regulation it will of course be the duty of the agents to obtain full
information from the public records, and by Personal inquiries, respecting all endowments,
establishments and buildings of the nature of those above described, and of all
nazul property or escheats, and to report to the Board [***]21 any
instances in which they may have reason to believe that the lands or buildings
are improperly appropriated; being in all cases careful not to infringe any
private rights, or to occasion unnecessary trouble or vexation to individuals. The said agents will further
ascertain and report the names, together with other particulars, of the present
trustees, managers or superintendents of the several institutions, foundations
or establishments above described, whether under the designation of matawali or
any other, and by whom and under what authority appointed or elected, and
whether in conformity to the special provisions of the original endowment and
appropriation by the founder, or under any general rule or maxim applicable to
such institutions and foundations. The local agents will also report
to the 22[Board of
Revenue] all vacancies and casualties which may occur, with full information of
all circumstances, to enable 23[the
Board] to judge of the pretension of the person or persons claiming the trust;
particularly whether the succession have been heretofore by inheritance in the
line of descent, or whether the successor have been in former instances elected,
and by whom, or whether he have been nominated by the founder or his heir or
representative, or by any other individual patron of the foundation, or by any
officer or representative of Government, or directly by the Government itself. In those cases in which the
nomination has usually rested with the present or former Government, or with a
public officer, or of right appertains 24[to
the 12[State]
Government,] in consequence of no private person being competent and entitled
to make sufficient provision for the succession to the trust and management, it
will be the further duty of the local agents to propose, for the approval and
confirmation of the 22[Board of
Revenue] a fit person or persons for the charge of trustee or manager and
superintendent, duly attending to the qualifications of the person selected,
and to any special provisions of the original endowment and foundation, and to
the general rules or the known usages of the country applicable to such cases. On the receipt of the report and
information required by the preceding clause, the Board of Revenue **25will
either appoint the person or persons nominated for their superintendence and
management as may be right and fit with reference to the nature and conditions
of the endowment, having previously called for any requisite further information
from the local agents. Nothing contained in this
Regulation shall be construed to preclude any individual who accounts of any
orders which may be passed by any of appropriation of any lands or buildings or
the nature of those above described, from suing****26 for
the recovery thereof in the regular course of law, or for compensation in
damages for any loss or injury supposed to have been unduly sustained by him. 1.
It is to be clearly understood that the object of the present
Regulation is solely to provide for the due appropriation of lands granted for
public purposes agreeably to the intent of the grantor, and not to resume any
part of the produce of them for the benefit of Government. 2.
In like manner it is fully intended that all buildings erected by
the former or present Government or by individuals for the convenience of the
public should be exclusively appropriated to that purpose, with the exception
of such as have fallen to decay and cannot from that or any other cause be
conveniently repaired, or which, under existing circumstances, cannot longer
contribute to the accommodation of the community. Notwithstanding anything
contained in this Regulation the functions of the Board of Revenue under this
Regulation shall be discharged- 28[in
respect of any Waqf property within the meaning of the Bihar Waqfs Act, 1947
(Bihar Act VIII of 1948) and in respect of trust property within the meaning of
the Bihar Hindu Religious Trusts Act, 1950 (Bihar Act I of 1951) by the Majlis
and the Board respectively, established under the said Acts.] _________________ 1. SHORT
TITLE.-This short title was given by the Amending Act, 1903 (1 of 1903). Sch.
I. LOCAL EXTENT.-This Regulation was passed for the whole of the former
Province of Bengal-see S.1. It has been declared, by the Laws
Local Extent Act, 1874 (15 of 1874), s. 6 to be in force throughout the former
Province of Bengal, except as regards the Scheduled Districts which was known
as RE. Areas under the P.E. Order, issued under the Government of India Act,
1935. Certain portions of these partially excluded areas are now known as the
Scheduled Areas under the Scheduled Areas (Part A States) Order, 1950. It has been declared by
notification under the Scheduled Districts Act, 1874 (14 of 1874), s. 3, to be
in force in the districts of Hazaribagh, Ranchi, Palamau and Manbhum, and
Pargana Dhalbhum, in the district of Singhbhum, in the Chotanagpur Division. The application of the Regulation
is barred in the Santhal Parganas, by the Santhal Parganas Settlement
Regulation, 1872 (3 of 1872), S. 3(2). PARTIAL REPEALS.-Such parts of
Ben. Reg. 19 of 1810 as require that the Board of Revenue should provide, with
the sanction of the Government, for the due repair of public edifices of the
description of bridges, sarnis and kattras, were repealed by Ben. Reg. 17 of
1816. S.16. So much of Ben. Reg. 19 of 1819
as relates to endowments for the support of mosques, Hindu temples or other
religious purposes was repealed by the Religious Endowments Act, 1863 (20 of
1863). See the saving in S. 23 of that Act. 2. The
words "Mosques, Hindu temples", rep. by Act 1 of 1903. 3. The
words "bridges, sarais, Kattras and other," rep. by ibid. 4. The
words 'pious and," rep. by ibid. 5. The
words "bridges, sarais, Kattras and other," rep, by Act 1 of 1903. 6.
Substituted by para. 3 and Sch. VI of the A.L.O. for "Provinces". 7. This
includes the present State of Bihar [and Jharkhand]. 8. As to
the exercise of functions of the Board of Revenue by other authorities, see the
references given in the footnote to B, & O. Board of Revenue Act, 1913 (Act
I of 1913). 9. The
words "and Board of Commissioners in the several districts subject to the
control of those Boards respectively" rep. by the Amending Act 1 of 1903. 10. The
words "and Board of Commissioners" rep. by ibid. 11.
Substituted by Act 1 of 1903, Sch. II, for "those Boards". 12.
Substituted by paragraph 4(1) of the A.L.O. for "Provincial." 13. This
paragraph was repealed, as to public edifices of the description of bridges,
sarais and kattras, by Ben. Reg. 17 of 1816, S.16. 14.
Substituted by Act 1 of 1903 for "Boards" 15. The
words 'and Boards of Commissioners' rep. by the Amending Act, 1903 (1 of 1903). 16.
Substituted by para. 3 and Sch. XIV of the A.O. for "to Govt." 17.
Substituted by para. 4(1) of the A.L.O. for "Provincial" rep. by the
Amending Act, 1903 (1 of 1903). 18. The
words 'and Boards of Commissioners respectively' by the Amending Act, 1903 (1
of 1903). 19.
Substituted by the B. & O. Decentralization Act, 1916 (B. & O. Act 3 of
1916), S. 2, Sch. I, for "report to Government whether it should in their
opinion". 20.
Substituted by the Amending Act, 1903 (1 of 1903), Sch. II, for "those
Boards respectively". 21. The
words "to whose authority those agents are respectively subjects,"
rep. by the Amending Act, 1903 (1 of 1903). 22.
Substituted by the Amending Act, 1903 (1 of 1903), Sch. II, for 'superior Boards'. 23.
Substituted by ibid for "Boards". 24.
Substituted by A.O. for "to Govt." 25. The
words 'or Board of Commissioner' rep. by ibid. 26. The
words 'in the mode and form prescribed by the Regulations, where Government or
public officers are parties; or under the general provisions of the
Regulations, if the suit be brought against a competitor or other private
person' rep. by ibid. 27. Inserted
by the Bihar Waqfs Act, 1947 (Bihar Act 8 of 1948). 28.
Substituted by S. 3 of Bihar Act 16 of 1954 for "in respect of Waqf
property in the State of Bihar by the Majlis established under the Bihar Waqfs
Act, 1947". THE BENGAL CHARITABLE ENDOWMENTS, PUBLIC BUILDINGS AND
ESCHEATS REGULATION, 1810
]1PREAMBLE