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GOVERNMENT MANAGEMENT OF PRIVATE ESTATES ACT, 1892
10 of 1892
25th October, 1892
STATEMENT OF OBJECTS AND REASONS "In several provinces a general rate is .already levied on estates under the Court of Wards, and is credited to Government to meet the estimated costs of supervision and management by Government Officers. It is desirable to place the legality of these rates beyond doubt; and at the same time to limit their amount. It has been decided that other Local Governments should be empowered to levy similar rates, and that the rates should be leviable on all estates under Government management and not merely on those under the Court of Wards. Power has been given to the Local Governments to reduce or remit the rate in special cases. This provision is designed especially to meet cases in which Government officials are relieved of the supervision and management by the employment of special general managers. Under Section 4of the Bill it is open to Local Governments either to charge special fees for legal advice and audit of accounts where these services are rendered by Government Officials, or to debit the contribution for these services to the general rate."- Gazette of India, 1892, Part V, page 14.
An Act to provide for the levy of a rate on private estates under the management of the Government to meet the cost of supervision and management. WHEREAS it is expedient to provide for the levy of a rate on private estates under the management of the Government to cover the cost of all Government establishments in so far as they are employed in the supervision and management of such estates, other than establish- ments specially entertained for any particular estate or group of estates, and to meet all contingent expenditure incurred by the Government in connection with such supervision and management; It is hereby enacted as follows:-
SECTION 01: TITLE AND EXTENT
(1) This Act may be called the Government Management of Private Estates Act, 1892.
2[(2) It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B
States3[* * *];
State Amendments
SECTION 02: DEFINITIONS
In this Act, unless there is something repugnant in the subject or context,-
(1) "immovable property" includes land, buildings, hereditary allowances, rights to ways. lights, ferries, fisheries, or any other benefit to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth but not standing timber, growing crops or grass;
(2) "gross income" includes all receipts of every kind in produce or cash, except money borrowed, recoveries of principal and the proceeds of sale of immoveable property or of moveable property properly classed as capital; and
(3) "private estate under Government management" include-
(a) estates under the Court of Wards;
(b) encumbered estates under Government management;
(c) estates attached for default of payment of Government revenue;
(d) minors' estates placed under the guardianship of a revenue-officer of the Government by a Civil Court;
(e) estates. managed by a Collector in pursuance of any order made under the Code of Civil Procedure-; and
(f) all other estates made over to or taken under the management of a revenue-
officer of the Government as such under any law for the time being in force or in virtue of any agreement.
SECTION 03: POWER TO LEVY RATE
It shall be lawful for the4[State Government]-
(1) to levy on all private estates under Government management a rate, not exceeding five percent, on the gross income, calculated, as nearly as may be possible, to cover-
(a) the cost of all Government establishments in so far as they may be employed in the supervision or management of such estates other than establishments specially entertained for the supervision or management of any particular estate or group of estates, and
(b) all contingent expenditure incurred in consequence of such supervision or management;
(2) from time to time to vary such rate; and
(3) to reduce or remit such rate in any special case or cases as may be equitable : Provided that, in deciding the amount of the rate to be levied under this Act on any particular estate or group of estates, the4[State Government] shall consider the expenditure incurred on special establishments for such estate or estates.
SECTION 04: POWER TO LEVY SPECIAL CHARGES
In cases where an officer of the Government is employed to give legal advice or to audit accounts on behalf of any estate, the5[State Government], if it considers the services rendered to be of a special nature, may, in its discretion, direct a special charge to be made against that estate on account of such services irrespective of the rate leviable under the last foregoing section.
SECTION 05: SAVING AS TO SPECIAL EXPENDITURE
Nothing in this Act shall apply to the cost of establishments specially entertained or to expenditure of any description specially incurred in respect of any particular estate or estates.
SECTION 06: VALIDATION OF LEVY OF PAST RATES
All rates for general supervision or management levied by any6[State Government] before the commencement of this Act shall be deemed to have been levied under this Act.
SECTION 07: POWERTO MAKE RULES
The7[State Government] may make any rules and issue any orders which may be necessary for carrying this Act into effect, and which are consistent therewith.
SECTION 08: EXEMPTION FROM JURISDICTION OF COURTS
Where any Government establishment is employed in such supervision as aforesaid, the8[State Government] shall be the sole judge of the cost attributable to such employment, and its decision thereon shall not be questioned in any Court of Law or otherwise.
SECTION 09: REPEAL
-(Repealed by the Repealing and Amending Act, 1914 (10 of 1914), Section 3 and Sch. II).
Footnotes:
2. As a result of the amendment made by Burma Laws Act, 1898 (13 of 1898), Section 18 and Sch. V. and adaptations made by A.C.A.O., 1948, A.L.O., 1950 and 2 A.L.O.. 1956, sub-section (2) reads as above.
3. Word "and" at the end of sub-section (2) and entire sub-section (3) were repealed by the Repealing and Amending Act, 1914 (10 of 1914).
4. Substituted for "Provincial Government" by A.L.O., 1950.
5. Substituted for "Provincial Government" by A.L.O., 1950
6. Substituted for "Provincial Government" by A.L.O., 1950.
7. Substituted for "Provincial Government" by A.L.O., 1950.
8. Substituted for "Provincial Government" by A.L.O., 1950.
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