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Bengal Presidency - Section

Section 2 in The Bengal Patni Taluks Regulation, 1819

2. Leases fixing rent in perpetuity or for more than ten years, valid, though executed while section 2, Regulation 44, 1793, was in force.

- It is hereby declared that any leases or engagements for the fixing of rent now in existence that may have been granted or concluded for a term of years or in perpetuity by a proprietor under engagements with [the Government] [Words 'the Crown', first substituted for the word 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.], or other person competent to grant the same, shall be deemed good and valid tenures, according to the terms of the covenants or engagements interchanged notwithstanding that the same may have been executed before the passing of Regulation 5, 1812, and while the rule of section 2, Regulation 44, 1793, which limited the period for which it was lawful to grant such engagements to ten years, and declared all that might be entered into for a longer term to be null and void, was in full force and effect ; and notwithstanding that the stipulations of the said leases may be in violation of the rule in question :Provided, however, that nothing herein contained shall be held to exempt any tenures held under engagements from proprietors of estates paying revenue to [the Government] [Words 'the Crown', first substituted for the word 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] from the liability to be cancelled on sale of the said estates for arrears of the said revenue, [* * * * *] [Words and figures 'under the rule of section 5, Regulation 44 of 1793' omitted by Act 16 of 1874.] unless especially exempted from such liability by the rule in question, or by any other specific rule of the Regulations in force.