Updated: Thursday June 18, 2015/AlKhamis
Ramadan 02, 1436/Bruhaspathivara
Jyaistha 28, 1937, at 12:38:18 AM
The Government Management of Private Estates Act, 1892
1ACT No. X OF 1892
[25th October, 1892]
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
for as they are employed in the supervision and management of such estates, other than establishments
specially entertained for any particular
1For Statement of Objects and Reasons, see Gazette of India,
1892, Pt. V, p. 14; for Report of the Select Committee, see ibid., 1892,
Pt.
V, p. 69 and for
Proceedings in Council, see ibid.,
1892, Pt. VI, p. 73.
This Act has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950); and
applied
in the Federated Areas of
Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.
This Act has been amended
to the extent of
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:---
1. Title and extent.–(1) This Act may be called the Government Management of Private
Estates Act, 1892.
[1(2)
It extends to the whole of
2* * * * * * *
2. Definitions.–In this Act, unless there is some thing repugnant in the subject or context,---
(l) “immoveable 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 estates 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
3[Code of Civil Procedure, 1908 (Act V of 1908)] (XLV of 1882) 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.
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October,
1955), for the original sub-section (2), as amended by the Burma Laws Act, 1898 (13 of 1898), s. 18 and Sch. V, the Federal Laws (Revision and
Declaration) Act, 1951 (26 of
1951), s. 8, and A. O., 1949, Arts. 3 (2) and 4.
2The word “and” at the end of sub-section (2), and sub-section (3) rep. by the Repealing and Amending Act, 1914 (10 of 1914), s.3
and Sch. II.
3Sub by Ord. XXVII of 1981, s.5 & Sch. IV (only to the extent of
3. Power to levy rate. It shall be lawful for the 1[Provincial 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, the 1[Provincial Government] shall consider the expenditure
incurred on special establishments for such estate or estates.
4. 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, the 1[Provincial
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.
5. 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.
6. Validation of levy of past rates. All rates for general supervision or management levied by any 1[Provincial Government] before the commencement of this Act shall be deemed to have been levied under this Act.
7. Powers to make rules. The 1[Provincial Government] may make any rules2 and issue any orders which may be necessary
for carrying this Act into effect, and which are consistent
therewith.
8. Exemption from jurisdiction of Courts.
Where any Government establishment is employed in such supervision as aforesaid, the 1[Provincial 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.
9. [Repeal.] Rep.by the Repealing and Amending Act, 1914 (X of 1914), s.3 and Schedule II.
1Subs. by A. O., 1937, for “L. G.”.
2For rules made under
this section, see different local Rules and Orders.
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