Section 19 of The Chutia Nagpur Encumbered Estates Act, 1876
The Lieutenant-Governor of Bengal may, from time to time, make rules consistent with this Act to regulate the following matter:--
- (a)the security to be required from subordinate officers under this Act,
- (b)the notices to be given under this Act and the publication of such notices,
- (c)the procedure to be followed in determining under section eight the debts and liabilities due to creditors and other persons, and in performing the other duties imposed on any officer by this Act,
- (d)the allowance of interest on each of the principal debts and liabilities so determined, from the date on which it was incurred down to the date of the determination, and on the aggregate amount of such debts and liabilities from the date of the determination down to the date of payment,
- (e)the order of paying debts and liabilities so determined; and generally for the guidance of officers in all matters connected with the enforcement of this Act. Such rules, when approved by the Governor General in Council and published in the Calcutta Gazette, shall have the force of law.
Summary
- The Lieutenant-Governor of Bengal has the power to create rules to carry out this Act.
- These rules must not conflict with the existing provisions of the Act.
- Rules can cover how much security money subordinate officers must provide.
- Rules define how notices are given, how debt amounts and interest are calculated, and the order in which debts are paid.
- All rules must be approved by the Governor General in Council and published in the Calcutta Gazette.
- Once published, these rules have the same authority as the law itself.
Practical examples
FAQ
1. Who has the final say on whether a new rule is valid?
The Governor General in Council must approve any rule made by the Lieutenant-Governor of Bengal.
2. Where can a regular person find these rules to read them?
The Act requires all such rules to be published in the Calcutta Gazette.
Test yourself
Q1.Under Section 19 of The Chutia Nagpur Encumbered Estates Act, 1876, what is required before a rule made by the Lieutenant-Governor can have the force of law?
Q2.Which of the following topics can be regulated by rules made under Section 19 of The Chutia Nagpur Encumbered Estates Act, 1876?
Q3.According to Section 19 of The Chutia Nagpur Encumbered Estates Act, 1876, what must be true about any rule made by the Lieutenant-Governor?
Q4.Under Section 19 of The Chutia Nagpur Encumbered Estates Act, 1876, why might a subordinate officer be required to provide security?