Abstract of the Proceedings of the Council of the Governor General of India Assembled for the Purpose of Making Laws and Regulations Under the Provisions of the Act of Parliament 24 & 23 Vic. Cap. 67

He said :—" The main object of the Bill is to legalise and conform the law to the practice obtaining in England and actually existing in the Indian Public Debt Offices both before and after the passing of the Indian Contract Act which recognises the right to sue in cases where our securities are held jointly by one or more survivors in the event of the decease of one or other of the original [...] The main points are (1) Who is to have the occupancy-right ? (2) What are to be the incidents of that right ? (3) What rules shall regulate enhancement of the occupancy-raiyat's rent ? " A very full discussion of the first question will be found at pages 5 and Acquisition of the 6 of the Statement of Objects and Reasons the gist of which is summed up in the statement that the Bill as introduced i [...] The approval of the Revenue-officer though if confined to the form of the contract strictly in accordance with the conditions of the Pemanent Settlement was felt when extended so as to cover the question of the fairness of the conditions to leave too wide a discretion to the Revenue-officea discretion moreover which for the reasons above given he would in practice be powerless to ex [...] They involved also the erroneous principle of adding most to the highest rent and least to the lowest ; and we thought that looking to the limitations which the grounds of enhancement carry within themselves namely in one case the rate prevailing in the village and in that of prices the actual increase minus onthird it would be safer to trust to the discretion of Courts and to leave them w [...] The latter course would be Contrary to the orders and intention of the Secretary of State the former would be destructive to the stability of the cutivator and against the interests of public policy.