CHOTA NAGPUR TENANCY ACT, 1908
(1) This Act may be called the Chota Nagpur Tenancy Act, 1908.
1[(2) It extends to 2[the North Chotanagpur, the South Chotanagpur and Palamau Divisions] including the areas or parts of the areas which have been constituted into a Municipality or a Notified Area Commitee under the *Jharkhand Municipal Act, 2002 (Bihar and Orissa Act 7 of 1922) or which are within a cantonment.]
(1) The Acts and notifications specified in Schedule A are hereby repealed in the Chota Nagpur Division. 1[* * *] 2[(2) The Acts specified in Schedule B are hereby repealed in the 3[district of Dhanbad and Patamda, Ichagarh and Chandil police stations in the district of Singhbhum.]
In this Act, unless there is anything repugnant in the subject or context--
(i) "agricultural year" means the year prevailing in a local area for agricultural purposes and such year shall be deemed to commence and terminate on such dates, respectively, as the 1[State] Government may by notification]2 direct:
3[Provided that where the State Government is the landlord the year commencing from the first day of April shall be the agricultural year for the purposes of this Act;]
(ii) "bhugut bandha mortgage" means transfer of the interest of tenant in his tenancy;
for the purpose of securing the payment of money advanced or to be advanced by way of loan;
upon the condition that the loan with all interest ther
There shall he, for the purposes of this Act, the following classes of tenants, namely: --
(1) tenure-holders, including under-tenure-holders;
(2) raiyat, namely : --
(a) occupancy-raiyats, that is to say, raiyats having a right of occupancy in the land held by them,
(b) non-occupancy raiyats, that is to say, raiyats not having such a right of occupancy, and
(c) raiyats having khunt-katti rights;
(3) under-raiyats, that is to say, tenants holding, whether immediately or mediately, under raiyats; and
(4) Mundari Khunt-kattidars.
"Tenure-holder" means primarily a person who has acquired from the proprietor or from another tenure-holder, a right to hold land for the purpose of collecting rents or bringing it under cultivation by establishing tenants on it, and includes --
(a) the successors-in-interest of persons who have acquired such a right, and
(b) the holders of tenures entered in any register prepared and confirmed under the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869).
but does not include a Mundari Khunt-Kattidar.
(1) "Raiyat" means primarily a person who has acquired a right to hold land for the purpose of cultivating it by himself, or by members of his family, or by hired servants, or with the aid of partners; and includes the successors-in-interest of persons who have acquired such a right, but does not include a Miindari-Khunt-Kattidar.
Explanation.-- Where a tenant of land has the right to bring it under cultivation, he shall be deemed to have acquired a right to hold it for the purpose of cultivation, notwithstanding that he uses it for the purpose of gathering the produce of it or of grazing cattle on it.
(2) A person shall not be deemed to be a raiyat unless he holds land either immediately under a proprietor or immediately under a tenure-holder or immediately under a Mundari Khunt-kattidar.
(3)
(1) "Raiyat having khunt-katti rights" means a raiyat in occupation of, or having any subsisting title to land reclaimed from jungle by the original founders of the village or their descendants in the male line, when such raiyat is a member of family which founded the village or a descendant in the male line of any member of such family:
Provided that no raiyat shall be deemed to have khunt-katti rights in any land unless he and all his predecessors-in-title have held such land or obtained a title thereby virtue of inheritance from the original founders of the village.
(2) Nothing in this Act shall prejudicially affect the rights of any person who has lawfully acquired a title to a khunt-kattidari tenancy before the commencement of this Act.
Mundari khunt-kattidar means a Mundari who has acquired a right to hold jungle land for the purpose of bringing suitable portions thereof under cultivation by himself or by male members of his family, and includes --
(a) the heirs male in the male line of any such Mundari when they are in possession of such land or have any subsisting title thereto, and
(b) as regards any portions of such land which have remained continuously in the possession of any such Mundari and his descendants in the male line, such descendants.
No tenures holder who holds his tenure (otherwise than under a terminable lease) at a fixed rent which has not been changed from the time of the Permanent Settlement shall be liable to any enhancement of such rent, anything in the Bengal Decennial Settlement Regulation, 1793 (8 of 1793) section 51, or in any other law, to the contrary notwithstanding.
The Chota Nagpur Tenancy Act, 1908, is a significant piece of legislation aimed at regulating tenancy rights and the relationship between landlords and tenants in the Chota Nagpur region of India. Section 9 specifically addresses the conditions under which rent can be enhanced for tenure-holders and village headmen.
Section 9 of the Chota Nagpur Tenancy Act stipulates that once the rent of a tenure-holder or village headman has been enhanced, it cannot be increased again for a period of fifteen years, except through a specific order.
The scope of Section 9 is limited to the enhancement of rent for tenure-holders and village headmen, ensuring stability in rental agreements and protecting tenants from arbitrary increases in rent.
The section does not specify any punitive measures for violations; however, it implies that any unauthorized enhancement of rent within the fifteen-year period would be legally contestable.
Tenure-holder Rights - Section 9 protects the rights of tenure-holders by preventing arbitrary rent increases, thereby ensuring economic stability for tenants. [ "Chota Nagpur Tenancy Act, 1908 - Indian Employees"]
Long-term Security - The fifteen-year period provides long-term security for tenants, allowing them to plan their finances without the fear of sudden rent hikes. [ "Chota Nagpur Tenancy Act, 1908 - Indian Kanoon"]
Judicial Oversight - Any enhancement of rent after the initial increase requires judicial or quasi-judicial oversight, which adds a layer of protection for tenants. [ "Chota Nagpur Tenancy Act, 1908—Section 71-A—Restoration—Power conferred u/s 71-A is adjudicatory power, a judicial or quasi-judicial power and not a legislative power."]
Legislative Intent - The Act reflects a legislative intent to protect the interests of tenants, particularly in a region where tribal populations are prevalent. [ "Chota Nagpur Tenancy Act, 1908 - Abhipedia"]
Impact on Landlords - Landlords are restricted from increasing rent frequently, which may affect their revenue planning but is essential for tenant protection. [ "Chota Nagpur Tenancy Act, 1908 - Indian Kanoon"]
Economic Implications - The provision may have broader economic implications, as stable rents can contribute to agricultural productivity and tenant satisfaction. [ "Chota Nagpur Tenancy Act, 1908 - Indian Employees"]
Legal Recourse - Tenants have legal recourse if landlords attempt to increase rent unlawfully within the stipulated period. [ "Chota Nagpur Tenancy Act, 1908 - Indian Kanoon"]
Community Impact - The section is particularly relevant in tribal areas, where land rights and tenure security are crucial for community stability. [ "Chota Nagpur Tenancy Act, 1908 - Abhipedia"]
Judicial Precedents - Courts have upheld the provisions of Section 9 in various rulings, reinforcing its importance in tenancy law. [ "Chotanagpur Tenancy Act 1908 Notes - lawadhoctutorials.com"]
Tenancy Agreements - The section necessitates clear tenancy agreements that reflect the terms of rent enhancement and the duration of such terms. [ "Chota Nagpur Tenancy Act, 1908 - Indian Kanoon"]
Social Justice - By limiting rent increases, the Act promotes social justice and equity among tenants, particularly in economically disadvantaged communities. [ "Chota Nagpur Tenancy Act, 1908 - Abhipedia"]
Administrative Challenges - Implementation of this section may pose administrative challenges, particularly in monitoring compliance by landlords. [ "Chota Nagpur Tenancy Act, 1908 - Indian Employees"]
Potential for Abuse - There is potential for abuse if landlords attempt to circumvent the law through informal agreements or coercion. [ "Chota Nagpur Tenancy Act, 1908 - Indian Kanoon"]
Awareness and Education - There is a need for awareness and education among tenants regarding their rights under this section to prevent exploitation. [ "Chota Nagpur Tenancy Act, 1908 - Abhipedia"]
Future Amendments - The section may be subject to future amendments to adapt to changing socio-economic conditions in the region. [ "Chota Nagpur Tenancy Act, 1908 - Indian Employees"]
Cultural Relevance - The Act is culturally relevant as it addresses the unique land tenure systems prevalent in the Chota Nagpur region. [ "Chota Nagpur Tenancy Act, 1908 - Abhipedia"]
Enforcement Mechanisms - Effective enforcement mechanisms are necessary to ensure compliance with the provisions of Section 9. [ "Chota Nagpur Tenancy Act, 1908 - Indian Kanoon"]
Role of Local Authorities - Local authorities play a crucial role in implementing the provisions of this section and ensuring tenant rights are upheld. [ "Chota Nagpur Tenancy Act, 1908 - Indian Employees"]
Historical Context - Understanding the historical context of land tenure in the region is essential for interpreting the provisions of this section. [ "Chota Nagpur Tenancy Act, 1908 - Abhipedia"]
Legal Framework - Section 9 is part of a broader legal framework aimed at protecting tenant rights and ensuring fair practices in land tenure. [ "Chota Nagpur Tenancy Act, 1908 - Indian Kanoon"]
1[(1) Where the rent of a tenure-holder or village headman is liable to enhancement during the continuance of his tenancy, such enhancement shall be made only by an order of the Deputy Commissioner passed upon an application made to him, or by an order of a Revenue-officer passed under Chapter XII or Chapter XV.
(2) An enhancement, progressive or otherwise, may, subject to any valid contract between the parties, be ordered up to the limit of the customary rate payable by persons holding similar tenancies in the vicinity, or where no such customary rate exists up to such limit as is fair and equitable. In determining what is a fair and equitable rent, regard shall be had to the origin and history of the tenancy.
(3) When the rent of a tenure-holder or village headman has been enhanced, it shall not again be enhanced for a period of fiftee
The Chota Nagpur Tenancy Act, 1908, was enacted to regulate the relationship between landlords and tenants in the Chota Nagpur region of India. It aims to protect the rights of tenants and ensure fair practices in tenancy agreements. Section 9(a) specifically addresses the enhancement of rent for tenure-holders or village headmen, establishing a framework for how and when rent can be increased.
Section 9(a) of the Chota Nagpur Tenancy Act stipulates the conditions under which the rent of a tenure-holder or village headman may be enhanced. It provides a legal basis for landlords to increase rent, subject to certain conditions and limitations.
The scope of Section 9(a) is limited to the enhancement of rent for tenure-holders and village headmen. It does not extend to other types of tenants or landholders. The section aims to balance the interests of landlords with the rights of tenants, ensuring that any increase in rent is justified and lawful.
While Section 9(a) itself does not specify punishments, violations of the provisions related to rent enhancement may lead to legal disputes and potential penalties as determined by relevant authorities or courts.
Tenure-holder Definition - The Act defines a tenure-holder as a person who holds land under another person and is responsible for paying rent. - [ "chotanagpur+tenancy+act+1908 | Indian Case Law - CaseMine"]
Rent Enhancement Conditions - Section 9(a) specifies that rent can only be enhanced under certain conditions, ensuring that tenants are not subjected to arbitrary increases. - [ "Section 9 in The Chota Nagpur Tenancy Act, 1908 - Indian Kanoon"]
Legal Framework - The Act provides a legal framework for the relationship between landlords and tenants, promoting stability in land tenure. - [ "Chota Nagpur Tenancy Act, 1908 - Indian Employees"]
Judicial Oversight - Any disputes arising from rent enhancement can be adjudicated by the courts, providing a mechanism for tenants to challenge unfair increases. - [ "Rijhu Pahan VS State of Jharkhand"]
Protection of Tenants - The Act is designed to protect tenants from exploitation by landlords, particularly in the context of rent increases. - [ "Chota Nagpur Tenancy Act, 1908 - Legislation - VLEX 545549918"]
Historical Context - The Act emerged from socio-political movements in the region, reflecting the need for tenant protection in the face of colonial land policies. - [ "Science 10 - CBSE Academic"]
Limitations on Rent - The section imposes limitations on how much rent can be increased, preventing excessive financial burdens on tenants. - [ "Section 9 in The Chota Nagpur Tenancy Act, 1908 - Indian Kanoon"]
Role of Authorities - Local authorities play a crucial role in overseeing the implementation of rent enhancements, ensuring compliance with the Act. - [ "Chota Nagpur Tenancy Act, 1908 - Indian Employees"]
Impact on Land Use - The provisions of Section 9(a) can influence land use patterns, as predictable rent increases may encourage long-term investments by tenants. - [ "Chota Nagpur Tenancy Act, 1908 - Indian Kanoon"]
Judicial Interpretation - Courts have interpreted the provisions of the Act in various cases, shaping its application and enforcement in practice. - [ "chota+nagpur+tenancy+act,+1908 | Indian Case Law - CaseMine"]
Tenant Rights - The Act reinforces the rights of tenants, ensuring they have a voice in matters related to rent and tenancy agreements. - [ "Chota Nagpur Tenancy Act, 1908 - Indian Employees"]
Legislative Intent - The legislative intent behind Section 9(a) is to create a fair and just system for rent enhancement that considers the welfare of tenants. - [ "Chota Nagpur Tenancy Act, 1908 - Legislation - VLEX 545549918"]
Economic Implications - The regulation of rent through Section 9(a) has broader economic implications, affecting agricultural productivity and rural livelihoods. - [ "Chota Nagpur Tenancy Act, 1908 - Indian Employees"]
Community Impact - The Act acknowledges the unique socio-cultural context of the Chota Nagpur region, aiming to protect indigenous communities' land rights. - [ "FAQ on FRA (English) - United Nations Development Programme"]
Legal Recourse - Tenants have the right to seek legal recourse if they believe that rent has been unfairly increased, ensuring accountability. - [ "Rijhu Pahan VS State of Jharkhand"]
Future Amendments - The Act may be subject to amendments to address emerging issues in tenancy and land use, reflecting changing socio-economic conditions. - [ "Chota Nagpur Tenancy Act, 1908 - Indian Employees"]
Cultural Significance - The Act is significant in preserving the cultural heritage of the region by protecting traditional landholding patterns. - [ "Chota Nagpur Tenancy Act, 1908 - Indian Employees"]
Administrative Challenges - Implementation of Section 9(a) may face administrative challenges, requiring effective governance to ensure compliance. - [ "Chota Nagpur Tenancy Act, 1908 - Indian Employees"]
Public Awareness - There is a need for increased public awareness regarding the rights and responsibilities of tenants under the Act. - [ "Chota Nagpur Tenancy Act, 1908 - Indian Employees"]
Judicial Precedents - Judicial precedents have played a crucial role in interpreting Section 9(a), influencing its application in various cases. - [ "chota+nagpur+tenancy+act,+1908 | Indian Case Law - CaseMine"]
No bhuinhar whose lands are entered in any register prepared and confirmed under the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869), shall be liable to any enhancement of the rent of his tenure.
(1) When any tenure or portion thereof is transferred by succession, inheritance, sale, gift or exchange, the transferee or his successor in title shall cause the transfer to be registered in the office of the landlord to whom the rent of the tenure or portion is payable.
(2) The landlord shall, in the absence of sufficient reason to the contrary, allow the registration of all such transfers.
(3) Whenever any such transfer is registered in the office of the landlord he shall be entitled to levy a registration fee of the following amount, namely:-
(a) when rent is payable in respect of the tenure or portion- a fee of two per centum on the annual rent thereof: provided that no such fee shall be less than one rupee or more than one hundred rupees, and
If any landlord refuses to allow the registration of any such transfer as is mentioned in section 11, the transferee or his successor in title may make application to the Deputy Commissioner; and the Deputy Commissioner shall thereupon after issuing notice to be served on the landlord, make such inquiry as he considers necessary; and, if no sufficient grounds are shown for the refusal, shall pass an order declaring that the transfer shall be deemed to be registered.
1[(1) A division of any tenure or portion thereof or distribution of the rent payable in respect of any tenure or portion thereof shall be binding on the landlord if the transferor sends to the landlord by registered post a notice of such division or distribution containing the prescribed particulars:
Provided that the landlord may, if he objects to the said division or distribution of the rent, make an application to the Deputy Commissioner for fair division or distribution of rent within the prescribed period from the date of the service of notice.
(2) On the receipt of an application under the proviso to sub-section (1), the Deputy Commissioner shall in the prescribed manner serve on the parties including the landlord a notice of the date on which he intends to hear the application and after hearing the parties and holding such inquir
(1) Upon the resumption of a resumable tenure, every lien, subtenancy, easement or other right or interest created, without the consent or permission of the grantor or his successor by the grantee or any of his successors, on the tenure, or in limitation of his own interest therein, shall be deemed to be annulled, except the following, namely: --
(a) any lease of land whereupon a dwelling house, manufactory or other permanent building has been erected or a permanent garden, plantation, tank, canal, 1[bandh, ahar other works of irrigation.] place of worship, or burning or burying ground has been made, or wherein a mine has been sunk under lawful authority;
2[(aa) any right of 3[the Government] in any land within a cantonment];
(b) any right of a raiyat or cultivator in his holding or land, as c
Section 14 of the Chota Nagpur Tenancy Act, 1908, primarily deals with the annulment of encumbrances and resumption of tenure rights upon certain conditions. It plays a crucial role in regulating land rights, transfers, and encumbrances within the tribal land framework of Jharkhand, ensuring the protection of indigenous land rights against unauthorized or fraudulent transfers.
Section 14 addresses the annulment of encumbrances on resumption of resumable tenures and the process of returning processes under Rule 13. It specifies that upon the resumption of a tenure, liens, sub-tenancies, easements, or other encumbrances are to be annulled, and outlines procedural aspects related to the return of processes by officers or courts.
Section 14 primarily governs the procedural aspects related to the resumption of land tenures and the associated annulment of encumbrances. It ensures that once a land tenure is resumed, any prior encumbrances or liens are effectively nullified, maintaining the integrity of tribal land rights. It does not explicitly deal with the substantive legality of transfers but ensures procedural correctness in resumption cases.
Section 14 itself does not specify any punishment. Its provisions are procedural, and violations would typically be addressed under broader legal provisions related to unlawful encumbrances or illegal transfers, which may attract penalties under other sections of the Act or applicable criminal laws.
Note: The analysis is based on available legal interpretations and procedural understanding from the sources provided, primarily emphasizing the procedural nature and safeguards of Section 14 within the framework of the Chota Nagpur Tenancy Act, 1908.
The mere registration of a transfer under section 11, or the mere receipt of registration fee thereunder, or the passing of an order by the Deputy Commissioner under section 12, shall not be deemed to imply a consent to, or permission to make, the transfer, within the meaning of section 14; and the landlord shall not be bound by the terms or conditions of any such transfer.
1[(1)] Every raiyat who immediately before the commencement of this Act, has, by the operation of any enactment, or by local custom or usage or otherwise, a right of occupancy in any land, shall when this Act comes into force, have a right of occupancy in that land, notwithstanding the fact that he may not have cultivated or held the land for a period of twelve years.
1[(2) The exclusion from the operation of this Act by a notification under sub-section (2) of section (1) of any area or part of an area, which is constituted a municipality under the provisions of 2[ the Bihar and Orissa Municipal Act, 1922 (B & O Act 7 of 1922)] or which is within cantonment, shall not affect right, obligation or liability previously acquired, incurred or accrued in reference to such area.]
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1. Ins
(1) Every person who, for a period of twelve years, whether wholly or partly before or after the commencement of this Act, has continuously held as a raiyat land situate in any village, whether under a lease or otherwise, shall be deemed to have become on the expiration of that period a settled raiyat of that village.
(2) A person shall be deemed, for the purposes of this section, to have continuously held land in a village, notwithstanding that the particular land held by him has been different at different times.
(3) A person shall be deemed, for the purposes of this section, to have held as a raiyat any land held as a raiyat by a person whose heir he is.
(4) Land held by two or more co-sharers as a raiyati holding shall be deemed, for the purposes of this section, to have been held as a rai
The following classes of persons shall be deemed to be settled raiyats for purposes of this Act, in regard to the land in their villages which they cultivate as raiyats (other than their own Bhuinhari or Mundari khunt-kattidari land, and other than landlords privileged lands as defined in section 118) and the provisions of sub-sections (3) to (6) of section 17 shall apply to such persons as if they were raiyats, namely: --
(a) where any land in a village, other than land known as manjhihas or bethkheta, Is entered in any register prepared and confirmed under the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869) -all member of any bhuinhari family who hold, and have for twelve years continuously held, land in such village, and
(b) where any village contains land not forming part of a Mundari Khunt-Kattidari tenancy and an entry of munda
Every person who is a settled raiyat of a village within the meaning of section 17 or section 18 shall 1[subject to the provisions of section 43] have a right of occupancy in all land 2[ * * *] for the time being held by him as a raiyat in that village.
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1. Ins. by Act 6 of 1920.
2. "(Other than landlords' privileged lands as defined in section 118)" rep. by ibid.
1[(1) When the immediate landlord of an occupancy holding is a proprietor or permanent tenure-holder and the entire interests of the landlord and the raiyat in the holding become united in the same person by transfer, succession or otherwise, such person shall hold the land as a proprietor or permanent tenure-holder, as the case may be, and shall not hold it by any subordinate right whatsoever, but nothing in this sub-section shall prejudicially affect the rights of any third person.
(2) If the occupancy right in land is transferred to a person jointly interested in the land as proprietor or permanent tenure-holder; such person shall hold the land as proprietor or permanent tenure-holder, as the case may be, and shall not hold it by any subordinate right whatsover. Such transferee shall pay to his co-sharers affair and equitable sum for the use and occupation of the land, and if he
(1) When a raiyat has a right of occupancy in respect of any land, he may use the land --
(a) in any manner which is authorised by local custom or usage, or
(b) irrespective of any local custom or usage in any manner which does not materially impair the value of the land or render it unfit for the purposes of the tenancy.
1[(2) Notwithstanding anything contained in any entries in the record-of-rights or any local custom or usage to the contrary the following shall not be deemed to impair the value of the land materially or to render it unfit for purposes of the tenancy, namely:-
(a) the manufacture of bricks and tiles for the domestic or agricultural purposes of the raiyat and his family;
(b) the excavati
Notwithstanding anything contained in section 24, when a raiyat has a right of occupancy in respect of any land--
(a) if the rent of such land is paid in cash, or if such land is a rent-free holding or a part of such holding, the raiyat may--
(i) plant trees and bamboos on such land and cut, cut down and appropriate the same.
(ii) cut, cut down and appropriate any tree or bamboos standing on such land.
(iii) appropriate the flowers, fruits and other products of any trees or bamboos standing on such land;
(iv) rear lac and cocoons on trees standing on such land and appropriate the same:
1[Provided that if there is any specific entry in the latest record-of-right
An occupancy-raiyat shall not be ejected by his landlord from his holding, except in execution of a decree for ejectment passed on the ground --
(a) that he has used the land comprised in his holding in a manner which is not authorised by section 21 1[or 21A], or
(b) that he has broken a condition, consistent with the provisions of this Act, on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected.
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1. Ins. by Act 25 of 1947.
If a raiyat dies intestate in respect of a right of occupancy, it shall, subject to any local custom to the contrary, descend in the same manner as other immovable property:
Provided that in any case in which, under the law of inheritance to which the raiyat is subject, his other property goes to the 1[Government], his right of occupancy shall be extinguished.
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1. Subs. by A.L.O. for "Crown".
1[(1) When an occupancy-holding or any portion thereof is transferred 2[by sale, gift, will or exchange in accordance with the provisions of this Act], the transferee or his successor in title may cause the transfer to be registered in the office of the landlord to whom the rent of the holding or portion thereof as the case may be, is payable.
3[(2) The landlord shall allow the registration of all such transfers, and shall not be entitled, except in the case of a transfer by sale or gift, to levy any registration fee. In the case of a transfer by sale or gift, the landlord shall be entitled to levy a registration fee of the following amount namely: --
(i) when rent is payable in respect of the holding or portion, a fee of two percentum on the annual rent thereof;
Provided that such fee shall n
An occupancy-raiyat shall pay rent for his holding at a fair and equitable rate.
1[(1) When an occupancy holding has been the subject of partition by an order of a Court otherwise --
(a) the division of the said holding made in accordance with such partition shall be binding on the landlord;
(b) if notice in writing of the partition and the distribution of the rent has been served on the landlord in the prescribed form and in the prescribed manner, such distribution of the rent shall be binding on the landlord:
Provided that the landlord may, if he objects to such distribution by an order of a Court or otherwise, if the parties to the distribution of the rent of the holding.
(2) When an occupancy holding has been the subject of partition by an order of a Court or otherwise, if the parties to the partition are unable to distribut
The rent for the time being payable by an occupancy-raiyat shall be presumed to be fair and equitable until the contrary is proved.
When the rent of any occupancy-raiyat whose rent is liable to enhancement has been enhanced before the commencement of this Act, otherwise than under section 24 of the 1[Chota Nagpur Landlord and Tenant Procedure Act, 1879] (Ben. Act 1 of 1879), such enhanced rent shall be deemed to be lawfully payable --
(a) if it has been actually paid continuously for seven years before the commencement of this Act; and
(b) if it is not proved to be unfair and inequitable:
Provided that, where the rent lawfully payable by an occupancy-raiyat for his holding has been made an issue in any suit for arrears of rent, and the Court has arrived at a finding on that issue, the rent to be found shall be deemed to be lawfully payable by the raiyat for the holding
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(1) From and after the commencement of this Act --
(a) in any area for which record-of- rights has not been prepared and finally published under this Act or under any law in force before the commencement of this Act, or for which an order has not been issued under this Act or under any law in force before the commencement of this Act for the preparation of such a record, the money-rent of an occupancy-raiyat whose rent is liable to enhancement may be enhanced only by order of the Deputy Commissioner passed under section 29, and
(b) in any area for which a record-of-rights has been prepared and finally published as aforesaid; or for which an order has been issued as aforesaid for the preparation of such a record the money-rent of an occupancy-raiyat whose rent is liable to enhancement may be enhanced only,
(1) Every application to the Deputy Commissioner for the enhancement of the rent of an occupancy holding shall specify -
(a) such particulars as may be prescribed regarding the area, situation, local names, quality and boundaries of the parcels of land constituting the holding;
(b) the rates of rent (if any) payable by raiyat for the different classes of land constituting the holding and the yearly rent payable for the holding at the date of the application;
(c) the rates (if any) generally prevailing in the village for corresponding classes of land;
(d) the date (as nearly as it can be ascertained) when the rates of rent generally prevailing were last adjusted in the village.
(e) the rates which the appl
(1) When any such application has been received the Deputy Commissioner --
(a) shall forthwith give notice of the contents thereof to the raiyat, and
(b) may, if he thinks fit, order a measurement of the land, and
(c) may, upon consideration of all the circumstances set forth in the application, and after hearing any objection advanced by the raiyat, by order, fix such enhanced rent, or otherwise vary the rent for the said land, as to him may seem fair and reasonable:
Provided that no enhancement shall be ordered except on one or more of the following grounds, namely : --
(i) that the rate of rent paid by the raiyat is below the prevailing rate paid by occupancy-raiyat for land of similar quality and with
Where the Deputy Commissioner considers that the immediate enforcement of the full enhancement ordered under section 29 is likely to be attended with hardship, he may direct that the enhancement shall be gradual; that is to say, that the rent shall increase yearly by degrees, for any number of years not exceeding five until the limit of the full enhancement has been reached.
(1) Where land is held by an occupancy-raiyat in excess of the area for which rent has previously been paid by him, no increase shall be made to the rent payable by him except by order of a Revenue-officer passed under Chapter XII or by order of the Deputy Commissioner passed on an application made to him by the landlord.
(2) Every such application shall specify--
(a) the yearly rent payable by the raiyat at the date of the application;
(b) the area and description of the land for which the said rent is payable;
(c) the proceedings (if any) by which the said rent was fixed;
(d) the general rate prevailing in the village for corresponding classes of lands;
(e) t
(1) When any such application has been received, the Deputy Commissioner--
(a) shall forthwith give notice of the contents thereof to the raiyat; and
(b) shall refer to the entry (if any) relating to the tenancy in the record-of-rights prepared under this Act or any other law for the time being in force; and
(c) may, if he thinks fit, order a measurement of the land held by the raiyat; and
(d) may, upon consideration of all the circumstances set forth in the application and after hearing any objection advanced by the raiyat and making such further inquiry as the Deputy Commissioner may think necessary, order such an increase, whether progressive or otherwise, as he may consider to be fair and reasonable :
Nothing in sections 31 and 32 shall prohibit a landlord from realising --
(a) increased rents from a raiyat for separate parcels of land settled with him in any manner authorised by law, or
1[(b) rents assessed under section 67 A on land converted into korkar.]
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1. Subs. by Act 2 of 1938.
1[The Deputy Commissioner may reduce the rent of an occupancy holding on any of the following grounds, namely: --
(a) that the rent of the holding has been enhanced under section 29 on one or both of the grounds specified in clause (i) and clause (ii) of the proviso to sub-section (1) of that section at any time between the first day of January, 1911 and the thirty-first day of December, 1936;
(b) that the rent of the holding was commuted under section 61, at any time between the first day of January, 1911 and the thirty first day of December 1936;
(c) that the soil of a portion or the whole of such holding has, without the fault of the raiyat, become temporarily or permanently deteriorated by a deposit of sand, by submersion under water or by any other specific, cause, sudden or gradual;
&
(1) Any occupancy-raiyat wishing to claim a reduction of the rent previously paid by him may present an application to the Deputy Commissioner to assess the rent on the land in respect of which such reduction is sought, and (if necessary) to measure the land :
1[Provided that no application for a reduction of rent under clause (a) or clause (b) of section 33 A shall be entertained unless it is filed within a period of two years from the date on which section 5 of the Chota Nagpur Tenancy (Amendment) Act, 1938 (Bihar Act 2 of 1938) conies into force.]
(2) Every such application shall specify-
(a) the yearly rent payable by the raiyat at the date of the application;
(b) the area and description of the land for which the said rent is payable;
(1) When any such application has been received, the Deputy Commissioner--
(a) shall forthwith give notice of the contents thereof to the landlord; and
(b) may, if he thinks fit, order a measurement of land; and
(c) may, upon consideration of all the circumstances set forth in the application, and after hearing any objection advanced by landlord by order 1[fix a reduced rent for the holding] as to him may seem fair and reasonable:
1[Provided that -
(i) if reduction is claimed under clause (a) of section 33 A the entire enhancement shall be cancelled;
(ii) if a reduction is claimed under clause (b) of section 33A, the reduced rent shall bear to the previous rent
(1) When the rent of an occupancy holding in any area referred to in clause (a) of section 27 has been enhanced by order of the Deputy Commissioner passed under section 29, such rent shall not again be enhanced for a period of fifteen years except --
(a) by order of the Deputy Commissioner, on the ground of landlord's improvement; or
(b) by order of a Revenue-Officer, passed under Chapter XII.
(2) When the rent of an occupancy holding in any such area has been reduced by order of the Deputy Commissioner under 1[section 35] such rent shall not again be reduced for a period of fifteen years except --
(a) by order of the Deputy Commissioner on one of the grounds specified in 2[clauses (c), (d) and (f) of section 33A,] or
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The provisions of the Act relating to occupancy raiyats shall apply also to raiyat having khunt-katti rights:
Provided as follows: --
(a) subject to any written contract at the time of the commencement of his tenancy, the rent payable by a raiyat having khunt-katti rights for land in respect of which he has such rights shall not be enhanced if his tenancy of such land was created more than twenty years before the commencement of this Act: and
(b) when an order is made for the enhancement of the rent payable by a raiyat having khunt-katti rights for any land in respect of which he has such rights, the enhanced rent fixed by such order shall not exceed one half of the rent payable by an occupancy-raiyat for land of a similar description with similar advantage in the same village.
Subject to any local custom or usage, a non-occupancy raiyat shall when admitted to the occupation of land, become liable to pay such rent as may be agreed on between himself and his landlord at the time of his admission, and shall be entitled to a lease only at such rates and on such conditions as may be agreed on.
The provisions of section 20 shall apply in the case of the right of a non-occupancy-raiyat in his holding in the same way that they apply to an occupancy-raiyat.
The rent of a non-occupancy-raiayt shall not be enhanced except by registered agreement or by agreement under section 42.
A non-occupancy-raiyat shall subject to the provisions of this Act, be liable to ejectment on one or more of the following grounds, and not otherwise, namely: --
(a) on the ground that he has failed to pay an arrear of rent 1[for two agricultural years within ninety days after the commencement of the third agricultural year;
(b) on the ground that he has used the land comprised in his holding in a manner which is not authorised by local custom or usage or which materially impairs the value of the land or renders it unfit for the purposes of the tenancy;
(c) on the ground that he has broken a condition consistent with this Act, on breach of which he is under the terms of a contract between himself and his landlord, liable to be ejected;
(d) where he
(1) A suit for ejectment on the ground of refusal to agree to pay a fair and equitable rent shall not be instituted against a non-occupancy raiyat, unless the landlord has tendered to the raiyat an agreement to pay the rent which he demands and the raiyat has within six months before the institution of the suit, refused to execute the agreement.
1[(2) A landlord desiring to tender an agreement to a raiyat under this section shall file it in the office of the Deputy Commissioner for service on the raiyat.]
(3) When an agreement has been filed under 2[* *] sub-section (2), the Deputy Commissioner shall forthwith cause it to be served on the raiyat in the manner prescribed under section 264 for the service of notices.
(4) When an agreement has been served on a raiyat under sub-section (3) 3[ * *]
Every raiyat shall be entitled to receive from his landlord a lease containing the following particulars, namely: --
(a) the quantity and boundaries of the land comprised in his holding and where fields have been numbered in a Government survey the number of each field;
(b) the amount of yearly rent payable for such land;
(c) the instalments in which the rent is to be paid;
(d) if the rent is payable wholly or partially in kind, the proportion or quantity or produce to be delivered and the time and meaner of delivery; and
(e) any special condition of the lease.
Whenever a landlord grants a lease to a tenant or tenders to a tenant a lease such as he is entitled to receive, the landlord shall be entitled to receive from such tenant a counterpart engagement in conformity with the terms of the lease.
1[(1) No transfer by a raiyat of his right in his holding or any portion thereof--
(a) by mortgage or lease for any period expressed or implied which exceeds or might in any possible event exceed five years, or
(b) by sale, gift or any other contract or agreement, shall be valid to any extent:
Provided that a raiyat may enter into a bhugut bundha mortgage of his holding or any portion thereof for any period not exceeding seven years or if the mortgagee be a society registered or deemed to be registered under the Bihar and Orissa Co-operative Societies Act, 1935 (B.& O. Act VI of 1935) for any period not exceeding fifteen years :
Provided further that --
(a) an occupancy-raiyat who is a member of the 2[Sch
Section 46 of the Chota Nagpur Tenancy Act, 1908, is a pivotal provision aimed at regulating land transactions involving tribal and backward class raiyats to protect their land rights and prevent unauthorized alienation. It enshrines restrictions on transfer, sale, gift, mortgage, lease, and other contracts concerning land held by these communities, thereby safeguarding their land from fraudulent or illegal transfers.
Section 46 imposes strict limitations on the transfer of land rights by raiyats:- No transfer by mortgage or lease exceeding five years, or sale, gift, or agreement, shall be valid.- Certain exceptions permit transfers with prior sanction of the Deputy Commissioner, especially for members of Scheduled Tribes, Scheduled Castes, and Backward Classes, within specified limits.- Any transfer made in contravention of these provisions is deemed invalid and cannot be recognized by courts or authorities.- The section also provides mechanisms for the Deputy Commissioner to annul illegal transfers and restore possession in cases of contravention, including provisions for possession recovery and eviction.
Section 46 primarily aims to:- Protect tribal and backward communities from land alienation through illegal or fraudulent transfers.- Regulate land transactions to prevent alienation to outsiders.- Provide a framework for the authorities to annul illegal transfers and restore land to rightful raiyats.- Limit the scope of transfer validity, especially for long-term leases or transfers exceeding prescribed limits.- Enforce restrictions uniformly across districts covered under the Act, including Scheduled and non-Scheduled areas.
While the section itself does not prescribe explicit penal provisions, violations—such as executing transfers without prior sanction or contravening restrictions—are deemed illegal and can lead to:- Declared nullity of the transfer.- Eviction of unauthorized transferees.- Initiation of proceedings for recovery of possession by the authorities.- Civil consequences, including suits for declaration of title and possession.- In some cases, penalties under the general penal provisions for fraudulent transfers or breach of law may be applicable.
This concise legal commentary underscores the critical legal principles, scope, and enforcement mechanisms of Section 46 of the Chota Nagpur Tenancy Act, 1908, reflecting its vital role in safeguarding tribal land rights and regulating land transfers within the framework of land reform laws.
No decree or order shall be passed by any Court for the sale of the right of raiyat in his holding 1[or any portion thereof] nor shall any such right be sold in execution of any decree or order:
Provided as follows: -
(a) any holding 1[or portion of a holding] may be sold, in execution of a decree of a competent Court, to recover an arrear of rent which has accrued in respect of the holding;
(b) any holding 1[or portion of a holding] may be sold, under the procedure provided by 2[the Bihar and Orissa Public Demands Recovery Act. 1914 (B & O Act 4 of 1914) for the recovery of a loan granted 3[****] under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturists Loans Act, 1884 (12 of 1884) or otherwise by the 4[State] Government;
5[(bb
1[(1) A member of a Bhuinhari family may transfer any Bhuinhari tenure as defined in the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869) which is held by him or any portion thereof in the same manner and to the same extent as an aboriginal raiyat may transfer his right in his holding under clauses (a) and (b) of sub-section (2) of section 46.
(2) The 2[State] Government may make rules permitting a member of a Bhuinhari family holds any Bhuinhari tenure to transfer such tenure or any portion thereof by sale, gift, exchange or will subject to such restrictions and conditions as may be specified in the said rules.
(3) Save as provided in sub-section (1) or in any rules made under sub-section (2), a transfer of a Bhuinhari tenure or any portion thereof shall not be valid to any extent.
(4) If
1[(1) No decree or order shall be passed by any Court for the sale of the right of a member of a Bhuinhari family in his Bhuinhari tenure, nor shall any such right be sold in execution of any decree or order.
(2) A decree for arrears of rent due in respect of any Bhuinhari tenure hold by a member of a Bhuinhari family may be executed by the attachment and sale of the produce of the land comprised in the tenure or by sale of other movable property of the judgment-debtor and not otherwise.]
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1. Ins. by Act 2 of 1938.
1[(1) Notwithstanding anything contained in sections 46, 47 and 48 any occupancy raiyat or any member of a Bhuinhari family who is referred to in section 48 may transfer his holding or tenure or any part thereof for the following purposes:--
(a) In any case, the use of the land for any industrial purposes or for any other purposes which the State Government may by ratification declare to be subsidiary thereto or for access to land used or required for any such purpose.
(b) In any case, the use of the land for the purpose of mining or for any other purposes which the State Government may by notification declare to be subsidiary thereto or for access to land used or required for any such purpose.
(2) The transferee in such cases shall not be entitled to use the land so transferred for any other
Section 49 of the Chota Nagpur Tenancy Act, 1908, governs the transfer of occupancy rights and Bhuinhari tenures for specified purposes, primarily focusing on industrial and agricultural uses. It provides a framework for permission, conditions, and limitations on such transfers, especially emphasizing protections for tribal lands and restricting transfers to non-tribals without proper authorization. The section also includes provisions for annulment of transfers obtained through fraud or misrepresentation within a prescribed period.
Section 49 delineates the conditions under which a member of a Bhuinhari family or an occupancy raiyat can transfer their land or tenure for specific purposes, notably industrial or agricultural. It mandates that:- Transfers require a registered deed.- Prior written consent of the Deputy Commissioner must be obtained.- The Deputy Commissioner must ensure adequate compensation and proper terms.- The State Government has the authority to annul such transfers within 12 years if they were obtained through misrepresentation or fraud, following an inquiry.- The section restricts transfers to certain purposes, mainly industries and agriculture, and prohibits unauthorized transfers to non-tribals.
Section 49 applies primarily to tribal landholders, including members of Bhuinhari families and occupancy raiyats, restricting their ability to transfer land outside prescribed purposes. It aims to protect tribal lands from unauthorized alienation while permitting transfers for specified economic activities under strict conditions. The section also delineates the powers of the State Government to review and annul transfers within the statutory period, emphasizing the importance of preventing fraudulent or illegal transfers.
While Section 49 itself does not prescribe direct penal punishments, violations—such as transferring land without permission, or obtaining consent through fraud—may attract penalties under the Indian Penal Code (e.g., Sections 420, 468, 471) or the Prevention of Corruption Act if corrupt practices are involved. Criminal proceedings can be initiated for illegal transfers, forgery, or corruption related to land transactions.
This concise legal commentary underscores the key legal principles, scope, and limitations of Section 49 of the Chota Nagpur Tenancy Act, 1908, with references to relevant case law and legal interpretations from the provided sources.
1[(1) Notwithstanding anything contained in sections 46 and 47, the Deputy Commissioner may :--
(a) on the application of the landlord of a holding and on being satisfied that he is desirous of acquiring the holding or any part thereof for some reasonable and sufficient purpose having relation to the good of the holding or of the tenure or estate in which it is comprised, such as the use of the land for any charitable, religious or educational purpose, or for the purpose of manufacture or irrigation, or as building ground for any such purpose or for access to land used or required for any such purpose, and after such inquiry as the Deputy Commissioner may think necessary, authorise the acquisition thereof by the landlord upon such conditions as the Deputy Commissioner may think fit and require the tenant to sell his interest in the holding or part to the landlord upon such terms as
Section 50 of the Chota Nagpur Tenancy Act, 1908, primarily deals with procedures related to the preparation and attestation of the record-of-rights and existing rents, as well as the subsequent proceedings for land settlement and possession. It plays a crucial role in regulating land rights, especially for tribal communities, by establishing the formal process for land record updates and land transfers under the Act.
Section 50 prescribes that once the draft record-of-rights and rent records are prepared and attested, the proceedings for finalization of land rights are initiated. It involves the publication of the draft, objections, and the subsequent attestation of the final record. The section also lays down procedures for the Deputy Commissioner to determine possession, especially in cases where land is to be transferred or settled.
Section 50 governs the procedural aspects of land record updation, settlement, and transfer in the context of the Act. It ensures transparency through publication and objection processes, and it provides the legal framework for the Deputy Commissioner to determine possession and settle land rights. It also indirectly influences land disputes, rights of tenants, and tribal land protection.
The Act and relevant legal provisions emphasize that transfer of land in contravention of the Act, including fraudulent transfers or illegal dispossession, can lead to legal penalties, including nullification of such transfers and criminal proceedings under applicable laws. However, Section 50 itself primarily deals with procedural matters and does not specify specific punishments.
Note: The references are based on the provided sources, with emphasis on legal principles, procedural safeguards, and the importance of fraud prevention in land rights under the Chota Nagpur Tenancy Act, 1908.
(1) A tenant shall not when his landlord's interest is transferred, be liable to the transferee to the tenants, published in the prescribed manner, shall be paid in good faith to the landlord whose interest was so transferred unless the transferee has before payment served notice of the transfer on the tenant.
(2) Where there are more than one tenant paying rent to the landlord whose interest is transferred, a general notice from the transferee to the tenants published in the prescribed manner shall be a suffcient notice for the purposes of this section.
1[(1) Where a tenure-holder, village-headman or raiyat and his predecessors in interest have held at a rent or rate of rent which has not been changed from the time of the Permanent Settlement, the rent or rate of rent shall not be liable to be increased except on ground of an alteration in the area of the tenancy.
(2) If it is proved in any suit, application or proceeding under this Act that either a tenure holder, village-headman or raiyat and his predecessors in interest have held at a rent or rate of rent which has not been changed during the twenty years immediately before the institution of suit, application or proceeding it shall be presumed, until the contrary is shown, that they have held at that rent or rate of rent from the time of the Permanent Settlement:
Provided that if it is required by or under any enactment that in any
Subject to any registered agreement or local custom or usage to the contrary, a money-rent payable by a tenant shall be payable in four equal instalments falling due on the last day of each quarter of the agricultural year.
1[(1) Payment of rent by a tenant to his landlord in respect of the land held or cultivated by the tenant may be made either --
(a) by tendering the rent at the mal-cutcherry for the receipt of rent or other place where the rent of such land is usually payable, or
(b) by remitting the amount of the rent to the landlord or his agent by postal money-order in the prescribed form 2[either director through the Deputy Commissioner].
3[(2) Where a tenant (hereinafter referred to in this sub-section as the 'payer') intends to pay his rent or a portion of his rent by postal money-order through the Deputy Commissioner --
(i) the payer shall remit the amount of such rent or portion of rent, as the case may be, to the Deputy Commissioner together with a sum equ
(1) Every tenant who makes a payment on account of rent or interest due thereon, or both to his landlord shall be entitled to obtain forthwith from the landlord or his agent, free of charge, a signed receipt for the same, in the prescribed form.
(2) The landlord or his agent shall prepare and retain a counterfoil, in the prescribed form of the receipt.
1[(3) (a) If a landlord or his agent, without reasonable cause fails to grant such a receipt or to prepare and retain a counterfoil, such landlord or his agent, as the case may be shall be punishable with simple imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees or both in respect of each such failure.
(b) An offence under clause (a) shall be bailable and shall be compoundable with the leav
In any of the following cases, namely,--
(a) when a tenant tenders or remits money on account of rent, and the landlord or his agent refuses to receive it or refuses to grant a receipt for it; or
(b) when a tenant who is bound to pay money on account of rent has reason to believe, owing to a tender having been refused or a receipt withheld on a previous occasion, that the landlord or his agent will not be willing to receive it and to grant him receipt for it; or
(c) when the rent is payable to co-sharers jointly, and the tenant is unable to obtain the joint receipt of the co-sharers for the money and no person has been empowered to receive the rent on this behalf; or
(d) when the tenant entertains a bonafide doubt as to who is entitled to receive th
(1) On the written application of the tenant or his agent, and on his making a declaration in the prescribed form, the Deputy Commissioner shall receive such deposit and give a receipt for the sum deposited.
(2) The Deputy Commissioner shall, as soon as possible after the receipt of any money so deposited, issue a notice, in the prescribed form, to the landlord to whose credit it has been deposited.
(3) If any person claiming to be entitled to receive money in deposit appears and applies for payment thereof to him, the Deputy Commissioner may pay the amount to him if he appears to be entitled to the same or may, if the Deputy Commissioner thinks fit, retain the amount pending a decision by a Civil Court declaring what person is so entitled.
(4) Any sum deposited as aforesaid may, in the absenc
Whenever any deposit has been received by the Deputy Commissioner, no suit shall be maintained, and no application for a certificate under section 244 shall be entertained, against the person making the deposit, or his representative, on account of any rent which accrued due prior to the date of the deposit unless such suit be instituted or such application be made within six months from the date of the service of the notice issued under section 56 in respect of such deposit.
(1) Any instalment of rent which is not paid before sunset on the day when the same is payable 1[or, where the State Government is the landlord, is not paid at the end of the agricultural year in which it falls due] shall be deemed an arrear of rent, and shall be liable to simple interest not exceeding 2[six and a quarter] per centum per annum:
Provided that, where a tenant pays his rent in full within the year following the agricultural year in which it accrues due, interest shall not exceed 3[three] per centum on the yearly rent, lawfully payable.
(2) Sub-section (1) shall not apply to dues, which are recoverable under the Cess Act, 8 (Ben. Act 9 of 1880) as if they were lent.
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1. Ins. by Act 20 of 1955 (w.e.f. 1.3.55).
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When an arrear of rent is adjudged to be due from a tenure-holder not having a permanent or transferable interest in the land, the lease of such tenure-holder shall be liable to be cancelled and the tenure-holder shall be liable to ejectment:
Provided that no such cancellation or ejectment shall be made otherwise than in execution of a decree or order under this Act.
The rent of a tenancy shall be a first charge on the tenancy:
Provided that, if tenancy is sold in execution of a decree for arrears of rent, the purchaser shall acquire the tenancy free of all liability for rent for any period prior to the date of the sale and rent due for any such period shall be a first charge on the sale proceeds of the tenancy.
(1) When any tenure-holder or occupancy-raiyat pays for a tenure or holding rent in kind 1[****] or at rates varying with the crop, or partly in one of those ways and partly in another, or partly in any of those ways and partly in money, then the rent so payable shall not be altered, whether by private contract or otherwise, except on the application of either the tenant or his landlord to have the rent commuted to a money-rent.
(2) Such application may be made to the Deputy Commissioner or a Revenue-officer.
(3) When any such application is made, the Deputy Commissioner or Revenue-officer may, after such inquiry as he thinks Fit to make, determine the sum to be paid as money-rent, and may order that the tenant shall in lieu of paying his rent in kind or otherwise as aforesaid, pay the sum so determined.
1[If the Governor by notification directs that there shall be commutation of the rents of the occupancy holdings or any class of occupancy holding situated in any area the rent of which is paid in kind or in any of the other ways mentioned in sub-section (1) of section 61, the Deputy Commissioner may, on the application of the raiyat or landlord of any such holding or of his own motion determine the sum to be paid as money-rent for such holding and may order that the raiyat shall in lieu of paying his rent in kind or otherwise as aforesaid pay the sum so determined.]
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1. Ins. by ibid.
Where the rent of a tenure or holding has been commuted under section 61 --
(1) it shall not be increased for a period of fifteen years except -
(a) by order of the Deputy Commissioner, on the ground of a landlord's improvement, or an alteration in the area of the tenure or holding, or
(b) by order of a Revenue-officer passed under Chapter XII; and
(2) it shall not be reduced for a period of fifteen years except -
(i) by order of the Deputy Commissioner on one of the grounds specified in 1[clauses (c), (d) and (f) or section 33A], or
(ii) by order of a Revenue-officer passed under Chapter XII.
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1[2[(1) (a) If a landlord or his agent levies, except under any special enactment for the time being in force from a tenant of such landlord, any sum of money or anything in excess of the rent lawfully payable by such tenant for his tenancy and the interest payable on an arrear of such rent, or enforces compliances by any tenant with any praedial condition to which he is not lawfully entitled such landlord or agent, as the case may be, shall be punishable with simple imprisonment for a term, which may extend to six months or with fine which may extend to five hundred rupees, or with both.]
3[(b) An offence under clause (a) shall be cognizable bailable and shall be compundable with the leave of the Court and the provisions of the Code of Criminal Procedure, 1898 (5 of 1898)4 shall apply to the trial of such offence.]
(2) Any levy of local
1[Settlement of waste lands belonging to the State Government shall be made by a patta or amalnama in the prescribed form. The patta or amalnama shall be prepared in duplicate, of which one copy shall be given to the raiyat concerned and one copy shall be sent to the Deputy Commissioner of the district.
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1. Ins. by Act 20 of 1955.
In the event of any land settled as aforesaid not being brought under cultivation within a period of five years from the date of the settlement or the land being alienated in contravention of the provisions contained in section 46, it shall be open to the Deputy Commissioner of the district to set aside the settlement and to make resettlement of such land in accordance with provision of section 63A.]
1[(1) Notwithstanding anything contained in any record-of-rights or any custom or usage to the contrary, every cultivator or landless labourers resident of village or a contiguous village shall have the right to convert land in that village into korkar with the permission of the Deputy Commissioner previously obtained:
Provided that no permission of the Deputy Commissioner shall be required under sub-section (1) to the conversion of land into korkar by a cultivator where he was entitled on the date of the commencement of the Chota Nagpur Tenancy (Amendment) Act, 1947 (Bihar Act 25 of 1947), by virtue of any entry in the record-of-rights or any local custom or usage to convert such land into korkar without the consent of the landlord.
(2) On receipt of an application for permission to convert land into korkar, the Deputy Commissioner shal
Rep. by the Chota Nagpur Tenancy Act, 1947 (Bihar Act 25 of 1947); section 21.
Nothing in section 64 shall authorise any cultivator to convert into korkar any orchard or cultivated or homestead land in the direct possession of any other person.
Every raiyat who cultivates or holds land which he or any member of his family has converted into korkar shall have a right of occupancy in such land, notwithstanding that he has not cultivated or held the land for a period of twelve years.
1[(1) (a) Where a raiyat converts land into korkar in accordance with the provision of section 64, no rent shall be payable for such land until after the expiration of a period of four years from the end of the agricultural year in which the first crop is harvested.
(b) After the expiry of the period specified in clause (a), the landlord may assess rent on the land at a rate not exceeding the rate prevailing in the village for third class rice land, or if according to the custom of the village only one half of the said rate is payable for korkar, at a rate not exceeding one-half of the said rate.
(2) when a landlord assesses rent under sub-section (1), he shall send to the Deputy Commissioner a notice in duplicate in the prescribed form and containing the prescribed particulars.
(3) No rent
No tenant shall be ejected from tenancy or any portion thereof except in execution of decree or in execution of an order of the Deputy Commissioner passed under this Act.
1[Explanation. --The word 'decree' in this section shall include a decree passed by the Civil Court.] -
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1. Ins. by Act.25 of 1947.
(1) Every decree for the ejectment of an occupancy-raiyat or a non-occupancy-raiyat on the ground --
(a) that he has used the land comprised in his holding in a manner which is not authorised by local custom or usage or which materially impairs the value of the land or renders it unfit for the purposes of the tenancy; or
(b) that he has broken a condition consistent with this Act, on breach of which he is, under the terms of the contract between himself and his landlord, liable to ejectment, shall declare the amount of compensation which would reasonably be payable to the plaintiff for the misuse or breach and whether, in the opinion of the Court, the misuse or breach is capable of remedy; and shall fix a period during which it shall be open to the defendant to pay that amount to the plaintiff and where the misuse or breach is declared t
A decree or order for ejectment passed under this Act shall take effect from the end of the agricultural year in which it is passed, or to such earlier date (if any) as the Court may direct.
If any tenant is ejected from his tenancy or any portion thereof in contravention of section 68 he may, within a period of one year (or, if he is an occupancy-raiyat three years) from the date of such ejectment, present to the Deputy Commisssioner an application praying to be replaced in possession of such tenancy or portion; and the Deputy Commissioner may, if he thinks fit, after making a summary inquiry, replace him in possession in the prescribed manner.
1[If at any time it comes to the notice of the Deputy Commissioner that transfer of land belonging to a raiyat 2[or a Mundari Khunt Kattidar or a Bhuinhar] who is a member of the Scheduled Tribes has taken place in contravention of section 46 2[or section 48 or Section 240] or anyother provision of this Act or by any fraudulent method 3[including decree obtained in suit by fraud and collusion] he may, after giving reasonable opportunity to the transferee who is proposed to be evicted, to show cause and after making necessary enquiry in the matter, evict the transferee from such land wihout payment of compensation and restore it to the transferor or his heir, or in case the transferor or his heir is not available or is not willing to agree to such restoration, re-settle it with another raiyat belonging to the Scheduled Tribes according to the village custom for the disposal of an abandoned holding:
&
If any land is transferred in contravention of section 46 or any other provision of this Act or by fraudulent method and is held or cultivated by any person with the knowledge of such transfer, he shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to one thousand rupees or with both and, in the case of continuing offence, to a further fine not exceding fifty rupees for each day during which the offence continues.
Section 71(b) of the Chota Nagpur Tenancy Act, 1908, pertains to penalties for contravention of land transfer provisions under the Act. It aims to prevent illegal or fraudulent transfer of land belonging to Scheduled Tribes and other protected classes within the specified areas, thereby safeguarding their land rights and maintaining land tenure stability.
Section 71(b) prescribes penalties for any transfer of land in contravention of Section 46 or other provisions of the Act, including transfers made by fraudulent means. It emphasizes that such unauthorized transfers are punishable under the law, reinforcing the protective intent of the Act.
Section 71(b) applies to all unauthorized or fraudulent land transfers within the Scheduled Areas governed by the Act. It covers both direct violations and those involving fraudulent concealment or misrepresentation to evade statutory restrictions. The section aims to deter illegal transactions and uphold the land rights of Scheduled Tribes.
While explicit details of the punishment are not provided in the sources, penalties generally include:- Fine- Restoration of land to the original owner- Other punitive measures as determined by the court or authorityThe section underscores the seriousness of illegal transfers and the threat of legal action against offenders.
Note: The analysis is based on the available sources and general legal principles related to Section 71(b) of the Chota Nagpur Tenancy Act, 1908.
(1) A raiyat not bound by a lease or other agreement for a fixed period may, at the end of any agricultural year surrender his holding 1[with the previous sanction of the Deputy Commissioner in writing]
(2) But notwithstanding the surrender, the raiyat shall be liable to indemnify the landlord against any loss of the rent of the holding for the agricultural year next following the date of the surrender, unless he gives to his landlord, at least four months before he surrenders notice of his intention to surrender.
(3) The raiyat may, if he thinks fit, cause the notice to be served through the Court of the Deputy Commissioner within whose jurisdiction the holding or any portion of it is situate.
(4) When a raiyat has surrendered his holding the landlord may enter on the holding and either let i
(1) If a raiyat voluntarily abandons the land held or cultivated by him, without notice to the landlord and ceases either himself or through any other person to cultivate the land and to pay his rent as it falls due, the landlord may, at any time after the expiration of the agricultural year in which the raiyat so abandons and ceases to cultivate enter on the holding and let it to another tenant or take into cultivation himself.
(2) Before a landlord enters this section, he shall send a notice to the Deputy Commissioner in the prescribed manner, stating that he has treated the holding a as abondoned and is about to enter on it accordingly; and the Deputy Commissioner shall cause a notice of the fact to be published in the presented manner 1[and if an objection is preferred to him within one month of the date of publication of the notice shall make a summary inquiry and shall decide
Where a tenure-holder, village headman or raiyat has been in occupation of a tenure or holding, and a lease is executed with a view to the continuance of such occupation, he shall not be deemed to be admitted to occupataon by that lease, notwithstanding that the lease may purport to admit him for occupation.
1[(1) When a tenancy which in accordance with custom is held by a village headman, has for any reason been vacated, any three or more tenants holding land within the said tenancy or the landlord, may apply to the Deputy Commissioner to determine the person who in accordance with custom should be village headman entitled to hold the tenancy.
(2) Such application may be made notwithstanding that a person is in possession of the land of the tenancy, or part thereof, under the authority or with the consent of the landlord.
(3) On receiving such application the Deputy Commissioner shall, after giving notice in the prescribed manner to the landlord, the person, if any referred to in sub-section (2), the heirs of the last village-headman, the tenants and such other persons, if any, as he considers should the parties to the proceeding, make such
(1) Every landlord of an estate, tenure or Mundari Khunt-kattidari tenancy shall have a right to make a general survey or measurement of the lands comprised in such estate, tenure or tenancy, unless restrained from doing so by express engagement with the occupants of the lands.
(2) If any landlord intending to measure any land which he has right to measure is opposed in making such measurement by the occupant of the land,
or if any tenant having received notice of the intended measurement of land held or cultivated by him, which is liable to such measurement refuses to attend and point out such land,
the landlord may present an application to the Deputy Commissioner.
(3) On receipt of such application the Deputy Commissioner shall, after taking such
Nothing in this Act shall affect any custom, usage or customary right not inconsistent with, or not expressly or by necessary implication modified or abolished by its provisions.
Except in so far as the 1[State Government may otherwise directly by notification, nothing in this Act shall affect any incident of a ghatwali or other service tenure or holding.
___________
1. Subs. by A.L.O. for "Provincial"
When a raiyat holds his homestead otherwise than as part of his holding as a raiyat, the incidents of this tenancy of the homestead shall be regulated by local custom or usage, and subject to local custom or usage, by the provisions of this Act applicable to land held by a raiyat.
Section 78 of the Chota Nagpur Tenancy Act, 1908, addresses the regulation of tenancy rights concerning homesteads held by Raiyats (tenants) in the Chota Nagpur region. It recognizes the importance of local customs and usages in determining the incidents of tenancy when a Raiyat holds a homestead outside his main holding.
Section 78 stipulates that when a Raiyat holds his homestead otherwise than as part of his main holding, the incidents of his tenancy of the homestead are to be governed by local customs or usages. If no such customs exist, then the provisions of the Act applicable to land held by a Raiyat generally will apply, subject to the regulation of local practices.
Note: The analysis is based on the available sources, primarily focusing on the interpretation and scope of Section 78, its role in customary law recognition, and protection of tenancy rights under the Chota Nagpur Tenancy Act, 1908.
(1) Nothing in any contract between a landlord and a tenant before or after the commencement of this Act shall-
(a) bar in perpetuity the acquisition of an occupancy-right in land, or
(b) take away an occupancy-right in existence at the date of the contract, or
(c) entitle a landlord to eject a tenant otherwise than in accordance with the provisions of this Act.
(2) Nothing in any contract made between a landlord and a tenant between the 1st January, 1903, and the commencement of this Act shall prevent a raiyat from acquiring in accordance with this Act, an occupancy right in land, not being landlord's privileged lands as defined in section 118.
(3) Nothing in any contract made between a landlord and a te
1[(1) Nothing in any contract, express or implied between a landlord and a tenure holder or a raiyat made before or after the commencement of the Chota Nagpur Tenancy (Amendment) Act, 1938 (Bihar Act 2 of 1938), shall entitle the landlord to rent on the estimated value of the whole or a portion of the crop or on the estimated produce of the whole or a portion of the tenure or holding of the tenure-holder or the raiyat according to the system commonly known as danabandi.
(2) Where a tenure-holder or a raiyat was, before the date on which section 21 of the Chota Nagpur Tenancy (Amendment) Act, 1938 (Bihar Act 2 of 1938) came into force, liable to pay for his tenure or holding rent on the estimated value of the whole or a portion of the crop or on the estimated produce of whole or a portion of the tenure or holding, he shall, from and after the said date, be liable to pay to the landl
Nothing in any contract, express or implied, between a landlord and a tenure-holder or a raiyat made before or after the date on which section 21 of the Chota Nagpur Tenancy (Amendment) Act, 1938 (Bihar Act 2 of 1938) came into force, shall entitle the landlord to more than nine twentieths of the produce as rent in respect of a tenure or an occupancy holding if rent is payable in kind by division of the produce.]
(1) The 1[State] Government may make an order directing that a survey be made and a record-of-rights be prepared, by a Revenue-officer, in respect of the lands in any local area, estate, or tenure or part thereof.
(2) A notification in the 2[*] 3[Official Gazette] of an order under sub-section (1) shall be conclusive evidence that the order has been duly made.
(3) The survey shall be made and the record-of-rights shall be prepared in the prescribed manner.
_____________
1. Subs. by A.L.O. for "Provincial".
2. Word "Calcutta" rep. by Act, 6 of 1920.
3. Subs. by A.L.O. for "Gazette".
Where an order is made under section 80, the particulars to be recorded shall be specified in the order, and may include, either without or in addition to other particulars, some or all of the following namely : --
(a) the name of each tenant or occupant;
(b) the class to which each tenant belongs, that is to say, whether he is a tenure-holder, Mundari khunt-kattidar, settled raiyat, occupancy-raiyat, non-occupancy-raiyat khunti having khunt-katti rights, or under-raiyat and, if he is a tenure-holder, whether he is a permanent tenure holder or not and whether his rent is liable to enhancement during the continuance of his tenure;
(c) the situation and quantity and one or more of the boundaries of the land held by each tenant or occupier;
(d) the nam
The 1[State] Government may, for the purpose of settling or averting disputes existing or likely to rise between landlords, tenants, proprietors, or persons belonging to any of these classes, regarding the use or passage of water. make an order directing that a survey be made and a record-of-rights be prepared by a Revenue officer, in order to ascertain and record the rights and obligations of each tenant and landlord in any local area, estate or tenure or part thereof, in respect of--
(a) the use by tenants of water for agricultural purposes, whether obtained from a river, jhil, tank or well or any other source of supply; and
(b) the repair and maintenance of appliances for securing a supply of water for the cultivation of the land held by each tenant, whether or not such appliances be situated within the boundaries of such land.
&nb
(1) When a draft record-of-rights has been prepared under this Chapter, the Revenue officer shall publish the draft in the prescribed manner and for the prescribed period and shall receive and consider any objections which may be made to any entry therein, or to any omission therefrom during the period of publication.
(2) When such objections have been considered and disposed of in the prescribed manner, the Revenue-officer shall finally frame the record and shall cause it to be finally published in the prescribed manner, and the publication shall be conclusive evidence that the record has been duly made under this Chapter.
(3) Separate draft or final records may be published under sub- section (1) or sub-section (2) for different local areas, estates, tenures or parts thereof.
(1) In any suit or other proceedings in which a record-of-rights prepared and published under this Chapter or a duly certified copy thereof or extract therefrom is produced, such record-of-rights shall be presumed to have been finally published unless such publication is expressly denied and a certificate, signed by the Revenue-officer, or by the Deputy Commissioner of any district in which its local area, estate or tenure or part thereof to which the record-of-rights relates is wholly or partly situate, stating that the record- of-rights has been finally published, under this Chapter shall be conclusive evidence of such publication.
(2) The 1[State] (Government may, by notification, declare with regard to any specified area, that a record-of-rights has been finally published for every village included in that area; and such notification shall be conclusive evidence of such publica
(1) In every area in respect of which a survey 1[is being or has been made] and a record of-rights 1[is being or has been prepared] under section 80, the Revenue-officer may settle fair rents in respect of any land held by a tenant.
(2) Settlements of rents may be made under sub-section (1) either --
(i) on the application of any landlord or tenant, or
(ii) without such application, if the 2[State] Government so directs.
3[Explanation.--A superior landlord may apply for a settlement of rents, notwithstanding that his estate or tenure or part thereof is held by a temporary lessee or by a tenant who holds on a rent which varies with the rent payable by the raiyats under him.]
(3) Such settlements shall ordi
Where in any proceeding for the settlement of rents under section 85, any of the following issues arises, namely:-
(a) whether the land is or is not liable to the payment of rent;
(b) whether the land although entered in the record-of-rights as being held-rent-free is liable to the payment of rent;
(c) whether the relation of landlord and tenant exists;
(d) whether the land has been wrongly recorded as part of a particular estate or tenancy or wrongly omitted from the lands of an estate or tenancy;
(e) whether the tenant belongs to a class different from that which he is shown in the record-of-rights as belonging; or
(f) whether the special conditions and incid
(1) In proceedings under this Chapter a suit may be instituted before a Revenue officer, at any time within three months from the date of the certificate of the final publication of the record-of-rights under sub-section (2) of section 83 for the decision of any dispute regarding any entry which a Revenue-officer has made in, or any omission which he has made from, the record, 1[except an entry of a fair rent settled under the provisions of section 85 before final publication of the record-of-rights] whether such dispute be --
(a) between landlord and tenant, or
(b) between landlords of the same or of neighbouring estate, or
(c) between tenant and tenant, or
(d) as to whether the relationship of landlord and tenant exists, or
&n
1[When in a proceeding for the settlement of rents under section 85 or in a suit under section 87 the status of a tenant is in issue, the Revenue-officer shall direct that every person holding directly or indirectly under such tenant, whose interest may be affected by the decision of the issue, shall if he is not already a party to the proceeding or the suit, as the case may be, be joined as a party.]
________________
1. Ins. by Act 6 of 1920.
A note of all rents settled under section 85, and of all decisions under sub-section (1) and decisions on appeal under sub-section (2) of section 87 shall be made in the record-of-rights as finally published under section 83 and such note shall be considered as part of the record.
(1) Any Revenue-officer specially empowered by the 1[State] Government in this behalf may on application or on his own motion within twelve months from the making of any 2[entry in the draft record-of-rights or of any] order or decision under section 83, section 85 or section 86, revise the same, whether it was made by himself or by any other Revenue-officer, but not so as to affect any order passed under section 87 or any order passed in appeal under section 85, sub-section (4):
Provided that no such order or decision shall be so revised if a suit or a appeal in respect thereof is pending, under section 85, sub-section (4) or section 87 until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
(2) An appeal shall lie, in the prescribed manner and to the prescribed officer, from any order passe
1[In case of discovery of bonafide or material error in record-of-rights within five years from the date of the certificate of its final publication under sub-section (2) of section 83, the Deputy Commissioner or any Revenue-officer specially empowered by the State Government in this behalf may, on his own motion or on application made to him within the said period, after holding an enquiry in the prescribed manner, by order in writing, direct that such error shall be corrected in the manner specified in the order:
Provided that no such correction shall be made --
(i) until reasonable notice has been given to the parties concerned to appear and be heard in the matter;
(ii) if a suit under section 87, clause (8) of section 111 or 252 or an appeal under clause (10) of section 111 or section 253,
(1) When an order has been made under section 80, or under any law in force before the commencement of this Act, directing the preparation of a record-of-rights, then notwithstanding anything contained in the foregoing sections of this Chapter, no Deputy Commissioner or Civil Court shall, until six months after the final publication of the record-of-right, entertain any suit or application (not being an application under the Code of Criminal Procedure, 1898) (5 of 1898)1-
(a) in which there is in issue, either directly or indirectly the 2[existence, non-existence, nature or extent] in the area to which the record-of-rights applies, or any right referred to in clause (n) of section 81, 3[or for the determination, assessment or alteration of the sum payable by any person in respect of such right:] or
(b) for the alteration of the rent or t
No suit shall be brought in any Court in respect of any order directing the preparation of a record-of-rights under this Chapter, or in respect of framing, publication, signing or attestation of such a record or of any part of it.
(1) When a record-of-rights in respect of any land has been prepared under this Chapter, and finlly published, no application or suit affecting any such land or any tenant thereof shall, within six months from the date of the certificate of final publication of such record-of-rights, be made or instituted before the Deputy Commissioner or in any Civil Court for the decision of any of the following issues, namely: --
(a) whether the relation of landlord and tenants exists;
(b) whether the land is part of a particular estate or tenancy;
(c) whether there is any special condition or incident of the tenancy; or
(d) whether any easement attached to the land.
(2) If before the final publication of the record-of
(1) When the rent of an occupancy holding is entered in a record-of-rights which has been prepared and finally published under this Chapter or any law in force before the commencement of the Act 1[or has been reduced under this Chapter], then subject to the provisions of section 2[85], 87, 89 and 90. Such rent shall not, except on the ground of a landlord's improvement, be enhanced for a period --
(a) fifteen years after the final publication of the record-of-rights when such publication was made after the commencement of this Act, or
(b) seven years after the final publication of the record-of-rights when such publication was made before the commencement of this Act;
and such rent shall not be reduced within the said period respectively, save on the ground of alteration in the area of the hol
(1) When the preparation of a record-of-rights has been directed or undertaken under this Chapter,
the expenses incurred in carrying out the provisions of this Chapter in any local area, estate, tenure or part thereof (including expenses that may be incurred at any time, whether before or after the preparation of the record-of-rights, in the maintenance, repair or restoration of boundary marks and other survey marks erected for the purpose of carrying out the provision of this Chapter), or such part of those expenses as the 1[State] Government may direct,
shall be defrayed by the landlords, tenants and occupants of land in the local area, estate, tenure or part, in such proportions and in such instalment (if any), as the 1[State] Government, having regard to all the circumstances may determine.
&nbs
In framing a record-of-rights, and in deciding disputes under this Chapter the Revenue-officer shall give effect to any lawful agreement or compromise made or entered into by any landlord and his tenant:
Provided as follows: --
(a) the Revenue-officer shall not give effect to any agreement or compromise and terms of which, if they were embodied in a contract could not be enforced under this Act; and
(b) where the terms of any agreement or compromise are such as might unfairly or inequitably affect the right of third parties, the Revenue-officer shall not give effect to such agreement or compromise unless and until he is satisfied by evidence that the statements made by the parties thereto are correct.
When a rent is settled by a Revenue-officer under this Chapter, it shall take effect from the beginning of the agricultural year next after the date of the decision finally fixing the rent.
(1) The 1[State] Government may at any time either of its own motion or on the application of any landlord or tenant, direct that any record-of-rights which has been Finally published under this Act or under any law in force before the commencement of this Act, or any portion of any such record-of-rights, be revised, in the prescribed manner, but not so as to affect any rent entered therein.
(2) At any time after the expiration of the period of--
(a) fifteen years from the date of the certificate of the final publication of a record-of-rights, when such publication was made after the commencement of this Act, or
(b) seven years from the date of the certificate of the final publication of a record-of-rights, when such publication was made before the commencement of this Act,
&nbs
If the 1[State] Government rejects any application made by a landlord under section 98, sub-section (2), for a revision of a record-of-rights after the expiration of the period of fifteen years or the period of seven years, as the case may be, referred to in that sub-section, such landlord may apply to the Deputy Commissioner for the enhancement of any rent entered in such record-of-rights as being payable to him.
________________
1. Subs. by A.L.O. for "Provincial".
Where a direction has been given any order made under section 101 of the Bengal Tenancy Act, 1885 (2 of 1885), before the commencement of this Act, for the record of any rights of the kind mentioned in clause (n) of section 81 of this Act, such direction shall be deemed to be as valid as if the said clause had been enacted before such order was made.
1[2[x x x] The provisions of this Chapter, excluding section 94 and of sections 53 to 58 both inclusive, and section 63, shall, so far as may be, apply to any of the following rights not being rights created by 3[registered contract] namely, right of pasturage, right to take forest-produce, right of fishery, or other similar rights and to the sum, if any, payable by a person in respect thereof, as if such rights, person and sum were respectively land held by a tenant, the tenant thereof and the rent payable in respect thereof, and as if the payee of such sum were the landlord under whom such person holds.
2[****].
________________
1. Subs. by Act ft of 1920.
2. Repealed by ibid.
3. Subs. by Act 5 of 1923.
From and after the commencement of this Act --
(a) no tenancy shall be created with any praedial condition attached, other than rent-free tenancies with the sole condition of rendering personal service; and
(b) no new praedial condition shall be imposed on any tenancy in existence at the time of such commencement.
When the original conditions of a tenancy cannot be ascertained, the tenants shall not be liable to any praedial conditions other than or in excess of those to which, by local custom or usage, he, in common with the general body of the class to which he belongs in the village, tenure or estate in which the lands of the tenancy are situated, is liable:
Provided that, in any case in which praedial conditions have been complied with by a tenant for a period of five years continuously, any Revenue-officer acting under this Chapter may, when commuting conditions under this Chapter, presume that the same have been complied with in accordance with local custom or usage or in accordance with an express or implied contract made at the commencement of the tenancy.
When in any proceeding under this Act, it becomes necessary for a Court to calculate the value of any praedial condition such value shall be taken to be its average value during the ten years immediately prior to the proceedings, or during any shorter period for which evidence may be available.
When, in any suit for the recovery of rent, it is sought to recover the value of the praedial conditions appurtenant to a tenancy, an issue may be framed as to whether the value of the praedial conditions, when added to the rent payable in respect of the tenancy, exceeds a fair rent, and, if it is found that the resulting amount exceeds a fair rent, the Court shall decree the rent and so much (if any) of the value of the praedial conditions as, together with the rent will not exceed the sum which would, having regard to the special circumstances of the case, be a fair rent.
(1) When any land is held subject to any praedial conditions, the tenant or the landlord may apply in writing to a Revenue-officer for commutation of such conditions.
(2) The Revenue-officer shall thereupon cause a notice to be served on the landlord or the tenant, as the case may be, and shall fix a day for considering the application; and on such day, or any day thereafter to which the hearing may be adjourned, shall proceed to inquire into the matter and to determine the amount which, in his judgment, is fairly and equitably payable in commutation of such conditions.
(3) In calculating the said amount, the Revenue-officer shall have regard only to the conditions to which the tenant is liable in accordance with local custom or usage or with any contract made when the tenancy commenced and to the money value of such conditions at the ti
(1) The 1[State] Government may, in any case in which it is, in its opinion, expedient so to do, make an order directing either --
(a) that a record of all praedial conditions to which the lands within any local area or any estate, tenure or part thereof are subject shall be prepared, and a commutation of such conditions made, by a Revenue-officer; or
(b) that a record as aforesaid be made by a Revenue-officer without commutation of such conditions as aforesaid.
(2) A notification in the 2[**] 3[Official Gazette] of an order under this section shall be conclusive evidence that the order has been duly made.
(3) The record of praedial conditions shall be prepared in the prescribed manner.
______________
(1) Whenever an order is made under section 106, the Revenue-officer shall thereupon proceed to prepare a record containing the following particulars, namely: --
(a) the name of each tenant;
(b) the name of his landlord;
(c) the rent payable for the lands held by each tenant at the time the record is being prepared;
(d) the praedial conditions to which all or any of such lands are subject;
(e) the amount which in the judgment of the Revenue-officer, may fairly be deemed payable in commutation of such conditions; and
(f) any other prescribed particulars.
(2) In calculating the amount payable in commutation of such con
(1) When the Revenue-officer has prepared a record under section 107, he shall cause a draft of the same to be locally published in the prescribed manner and for the prescribed period, and shall receive and consider any objection which may be made to any entry therein or to any omission therefrom during the period of publication.
(2) When objections have been considered and disposed of in the prescribed manner, the record shall be finally framed and published in the prescribed manner.
(3) Separate drafts or records may be published under sub-section (1) or sub-section (2) for different local areas, estates, tenures or parts thereof.
An appeal shall lie, in the prescribed manner and to the prescribed officer, from any order of Revenue-officer under this Chapter.
The Commissioner or the Board may direct the revision of any record prepared under this Chapter, of any portion of such record, at any time within two years from the date of the final publication of the record, but not so as to affect any decision from which an appeal has been preferred under section 109:
Provided that no such direction shall be made until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
In every local area, estate, tenure or part thereof in which a survey is being made and a record-of-right is being prepared under this Act or under any law in force before the commencement of this Act,
and in which a record of praedial conditions is being prepared and a commutation thereof is being made under an order issued under section 106,
sections 107 to 109 shall not apply, and the following provisions shall have effect, namely : --
(1) The Revenue-officer shall, at the time of attesting the preliminary record ascertain all the pracedial conditions to which, by local custom or usage or by contract made when the tenancy commenced each tenant is liable, and the cash values of such condition and shall prepare a statement, in the prescribed form showing the conditions and values so ascertain
A note of all decisions under clause (8) and decisions on appeal under clause (10) of section 111 shall be made in the record-of-rights as finally published under section 83, and such note shall be considered as part of the record.
Where, in any proceeding under this Chapter or under section 61, a question arises as to whether a payment in kind is a praedial condition or a payment of rent in kind, the Revenue-officer acting under this Chapter or the officer acting under section 61, as the case may be, shall after such inquiry as he may consider necessary, decide whether in fact the payment is a praedial condition or not.
(1) When the commutation of any praedial conditions is settled under this chapter for any local area or estate, tenure or part thereof, the settlement shall take effect from the beginning of the agricultural year next after the final publication of the record.
(2) The amount determined by a Revenue-officer under this Chapter to be payable by a tenant in commutation of praedial conditions shall be deemed to be part of the rent payable by the tenant and shall be recoverable accordingly.
When in any case the proceedings under section 105 have been completed, the Revenue officer shall apportion the total expenses thereof between the landlord and tenant in such proportion as, having regard to all the circumstances, he may deem fit; and the amount so apportioned shall be recoverable as an arrear of land revenue.
(1) The expenses incurred by the 1[State] Government in carrying out in any local area or any estate, tenure or part thereof any order made under section 106, or such part of those expenses as the 1[State Government may direct, shall be defrayed by the landlords and tenants of land in the local area, estate, tenure or part, in such proportions as the 1[State] Government having regard to all the circumstances may determine.
(2) The portion of the aforesaid expenses which any person is liable to pay shall be recoverable by the 1[State] Government as if it were an arrear of land revenue due in respect of the said local area, estate, tenure or part.
Explanation. --The word "tenure" in this section included all revenue free and rent-free tenures and holdings within a local area, estate or tenure.
_
No proceedings under this Chapter shall bar the right of any tenant or landlord to claim a reduction or enhancement of rent under this Act after such proceedings have been completed.
(1) The expression landlord's privileged lands, as used in this Chapter, means --
(a) lands which are cultivated by the landlord himself with his own stock or by his own servants, or by hired labour or are held by a tenant on lease for a term 1[exceeding one year, or on a lease written or oral for a period of one year or less], and which are by custom, recognized as privileged land in which occupancy- rights cannot accrue, and
(b) 2[lands which are known as ziral in the Chota Nagpur Division other than the 3[districts of Ranchi and Dhanbad and Patamda, Ichagarh and Chandil police-stations in the district of Singhbhum], lands which are known as man in the 4[district of Dhanbad and Patamda, Ichagarh and Chandil police stations in the district of Singhbhum] and lands which are entered as manjhias or bethkheta in any register prepared and co
The 1[State] Government may, by notification, direct a Revenue-officer to make a survey and record of all lands in any specified local area which are landlord's privileged lands within the meaning of clause (a) of section 118.
_______________
1. Subs. by A.L.O. for "Provincial".
When a notification has been published under section 119, directing the making of a record, the provisions of sections 83, 84, 87, 88 90, 95 and 96 so far as they may be applicable, shall apply to such record as if it were a record-of-rights referred to in those sections.
When any land is alleged to be a landlord's privileged
land within the meaning of clause (a) of section 118, then, on the application of the landlord or of any tenant of the land, and on his depositing the required amount for expenses, a Revenue-officer may ascertain and record whether the land is or is not landlord's privileged land within the meaning of the said clause:
Provided that, when a record of such lands has been or is being made by a Revenue-officer under section 119, no application shall be entertained under this section.
In any inquiry under this Chapter, a Revenue-officer -
(1) shall have regard to any evidence that may be available in respect of the following among other matters namely : --
(a) who originally reclaimed the lands and brought them under cultivation,
(b) whether the lands have at any time been let as landlord's privileged lands or as raiyati lands, and
(c) whether the lands have, since their reclamation, been let year by year, or for specific, or for indefinite periods; and
(2) shall proceed in the prescribed manner; and
(3) shall receive in evidence any judgment, decree or order (sic) Civil Court or of the Deputy Commissioner, if the same be relevant,
Section 122 of the Chota Nagpur Tenancy Act, 1908, delineates the procedural framework for inquiries related to land rights, reclamation, and land classification, primarily focusing on tribal lands and their transfer or cultivation status. It plays a crucial role in safeguarding tribal land rights and regulating land transactions under the Act.
Section 122 establishes the procedure to be followed by Revenue Officers during inquiries concerning lands under the Act. It mandates that inquiries shall consider evidence regarding:- Who originally reclaimed and cultivated the lands.- Whether lands have been let as landlord's privileged lands or Raiyati lands.- The history of land transfers, including reclamation and cultivation status.
Specifically, subsection 122(1) emphasizes the importance of examining evidence related to the origin of land reclamation, cultivation, and prior land classifications. The section also authorizes the government to make rules regarding the transfer of Bhuinhari tenures.
The section's scope extends to:- Determining the original reclamation and cultivation of lands.- Clarifying whether lands have been historically classified as privileged or Raiyati.- Regulating transfer and settlement procedures to protect tribal land rights.- Ensuring inquiries are based on available evidence, thus preventing illegal land alienation.- Applying to inquiries under the broader framework of the Act concerning land rights, cultivation, and transfer.
While Section 122 itself does not specify penalties, Section 122(1) in conjunction with Section 122(2) indicates that contraventions or false statements during inquiries may lead to penalties under Section , which states that contravention of provisions may attract penalties up to twenty-five thousand rupees [Source: ].
Note: The analysis is based on the available sources and references to the procedural and protective aspects of Section 122 within the context of the Chota Nagpur Tenancy Act, 1908.
In any inquiry by a Revenue-officer under this Chapter or by any Court, us to whether lands are or are not landlord's privileged lands, the officer or Court shall presume until the contrary is proved, that the lands are not landlord's privileged lands.
Where any land in any village is entered as Manjhihas or bethkheta in any register prepared and confirmed under the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869), a Revenue-officer acting under this Chapter shall not record any other lands in that village as being landlord's privileged lands.
When a record of landlord's privileged lands has been prepared under section 119 for any area, no other lands in that area shall be deemed to be landlord's privileged lands.
An appeal shall lie, in the prescribed manner and to the prescribed officer from decisions and orders of a Revenue-officer under this Chapter.
(1) The 1[State] Government may make an order directing that a record be prepared by a Revenue-officer of the rights and obligations in any specified local area of -
(a) raiyat having khunt-katti rights;
(b) 2[village headman], or
(c) any other class of tenants,
and that a settlement of fair rents to be paid by such persons or any of them be made.
Explanation. --The word 'rights,' as used in this sub-section includes the right of a village-headman to hold his office as well as his right to hold land.
(2) A notification in the 3[**] 4[Official Gazette] of an order this section shall be conclusive evidence that the order has been duly made.
&
(1) When a notification has been published under section 127, directing the preparation of a record, the provisions of section 81, section 83, section 84, sub-sections (1) and (2) and sections 89 to 96, so far as they may be applicable, shall apply as if such records were referred to in those sections.
(2) When any such notification directs that a settlement of fair rents be made, the provisions of section 85, sub-sections (3), (4) and (5), section 86, section 89 and sections 95 to 97, so far as they may be applicable shall apply to such settlement as if it were a settlement referred to in those sections.
At the time of the final publication of a record prepared by a Revenue-officer under this Chapter, that officer shall cause a copy of the entries therein to be served in the prescribed manner, on all persons interested in such entries, so far as such persons can be ascertained.
(1) Where there is a dispute regarding the correctness of any entry made in a record prepared under this Chapter or regarding any incorrect omission therefrom, a suit may be instituted before a Revenue-officer at any time within three months from the date of the certificate of the final publication of the record:
Provided that in any suit under this section, the Revenue officer shall not try any issue which has been, or is already, directly and substantially in issue between the same parties, or between parties under whom they or any of them claim, in proceedings for the settlement of rents, where such issue has been tried and decided, or is alrealy being tried, by a Revenue-officer acting under section 86 in proceedings instituted after the final publication of the record.
(2) In all suits under this section the Revenue-officer shall, s
A note of all decisions under sub-section (1) of section 130 and of all decisions on appeal under sub-section (3) of that section shall be made in the record prepared under section 127, and such note shall be considered as part of the record.
When a record has been finally published under section 128, or amended under section 131, the entries made therein shall 1[in every suit, application or proceeding to which the landlord or a tenant or any person claiming to be the landlord or a tenant is a party] be conclusive evidence of the rights and obligations of the tenants to which such entries relate and of all the particulars recorded in such entries.
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1. Ins. by Act 6 of 1920.
In making inquiries under this Chapter into the rights and obligations of tenants the Revenue-officer shall have regard to the origin and nature of each tenancy and the real status of the tenant, notwithstanding that the tenant may have been described in any document as a thikadar or temporary lease holder or in any other similar terms.
When a record-of-rights and obligations of raiyats having khunt-katti rights has been prepared under this Chapter for any local area, no lands in such area, which are not entered in such record shall be recognised as lands in respect of which khunt-katti rights can be acquired.
The Deputy Commissioner may hold a Court for hearing and determining suits and applications under this Act, in any place within the local limits of his jurisdiction:
Provided that every hearing and decision shall be in open Court, and that the parties to the suit or application, or their agents, shall have had due notice to attend at such place.
Suits and applications before the Deputy Commissioner under this Act shall respectively be instituted and made --
(a) in the revenue-office of the district; or
(b) when the cause of action has arisen within the local limits of the jurisdiction of a Deputy Collector who is empowered to receive such suits or application, then in the office of such Deputy Collector; or
(c) in the office of the Revenue-officer having jurisdiction to entertain the same.
The Deputy Commissioner may withdraw any suit 1[application or proceedings] from any Deputy Collector or Revenue-officer who is exercising powers of the Deputy Commissioner under this Act and may try it himself or transfer it to any Deputy Collector.
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1. Ins. by Act 6 of 1920.
(1) When any suit is instituted or application made in respect of any land comprised in a tenure or holding and such land is situated in more than one districts or subdivisions, the district or subdivision in which the greater part of such land is situated shall be deemed to be the district or subdivision in which the cause of action has arisen:
and, if any question be raised respecting the district or subdivision in which the greater part of the land is situated, the Board or (if the land is situated in one district) the Deputy Commissioner shall decide the question.
(2) Except as provided in sub-section (1), no Deputy Commissioner shall exercise any jurisdiction under this Act in respect of any land situated beyond the local limits of his jurisdiction even if such land forms part of an estate the revenue of which is paid into the treas
The following suits and applications shall be cognizable by the Deputy Commissioner, and shall be instituted and tried or heard under the provisions of this Act, and shall not be cognizable in any other Court, except as otherwise provided in this Act, namely: --
(1) all suit for the delivery of leases or counterpart engagements:
1[(2)] (a) all suits and applications for the determination of the rent payable by a tenant for --
(b) all suit and applications not otherwise provided for in this Act for the assessment of rent upon, or for alteration of rent payable by a tenant for--
(c) all suits for arrears of rent on account of --
agricultural land, whether subject to the payment of rent or only to the paymen
1[Subject to the provision of Chapter XII, no Court shall entertain any suit concerning any matter in respect of which an application is cognizable by the Deputy Commissioner under section 139, and the decision of the Deputy Commissioner on any such application shall, subject to the provisions of this Act relating to appeal, be final.]
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1. Ins. by Act 6 of 1920.
Subject to such rules (if any) as may be made in this behalf under section 264, a suit may be instituted before, or an application may be made to the Deputy Commissioner collectively by or against any number of tenants holding land in the same village; and un allegation that such tenants are wrongly joined shall be no ground for dismissing a suit or refusing to hear an application;
but no order shall be passed in any such collective suit or on any such collective application unless the officer making the same is satisfied that all parties have had an opportunity to appear and make objection to any claims preferred against them;
and if at any time it appears to the Deputy Commissioner that the question between any two of the parties of whom one is so joined with others cannot conveniently be jointly tried or heard, the Deputy Commissioner
Every order or decree passed in any case which it tried or heard jointly under section 140 shall specify the extent to which each of the tenant named in the order or decree shall be affected thereby.
(1) Notwithstanding anything contained in section 257, a co-sharer landlord may institute a suit to recover from a tenant --
(a) his share of the rent, when such share is collected separately, or
(b) the whole of the rent due to the plaintiff and his co- sharers, when all or any of his co-sharers who refuse to join in the suit are made defendants therein.
(2) When, in a suit instituted under clause (b) of sub-section (1), the plaintiff is unable to ascertain what rent is due for the whole tenure or holding, or whether the rent due to the other co-sharer landlords has been paid or not, owing to the refusal or neglect of the tenant or the said landlords to furnish him with correct information on these points or either of them, the Deputy Commissioner shall determine --
Suits before the Deputy Commissioner under this Act shall be instituted by presenting a statement of claim showing-
(a) the name, description and place of abode of the plaintiff;
(b) the name, description and place of abode of the defendant so far as they can be ascertained;
(c) the substance to the claim; and
(d) the date of the cause of action.
(1) In all suits and applications before the Deputy Commissioner for the recovery of an arrear of rent or for the ejectment of a tenant from any tenure or holding or for the recovery of occupancy or possession of any tenure or holding, the statement of or application shall contain, in addition to the particulars required by section 143-
(a) a specification of situation and designation of the land held by the tenant, and
(b) a specification of the extent and boundaries of such land, or (if the plaintiff is unable to specify the extent or boundaries) a description sufficient for the identification of the land.
(2) In all suits and applications referred to in sub-section (1), and in all other suits and applications before the Deputy Commissioner under this Act relating to the rent of land or to a
When any account books, rent-rolls, collection papers, measurement-papers or maps have been produced by the landlord before the Deputy Commissioner in any suit or proceeding under this Act, and have been admitted in evidence in the suit or proceeding or in any inquiry pending before the Deputy Commissioner;
copies of extracts from, such documents, certified by a duly authorised officer of the Court of the Deputy Commissioner to be true copies or extracts, may, with the permission of the Deputy Commissioner, be substituted on the record for the originals, which may then be returned to the landlord;
and thereafter copies of extracts, so certified, may be admitted in evidence in any other suit or proceeding instituted before the same or any other Deputy Commissioner under this Act, unless the Deputy Commissioner before whom they are produce
The statement of claim shall be presented by the plaintiff or by an agent of the plaintiff who is acquainted with the facts of the case.
The statement of claim shall be subscribed and verified at the foot by the plaintiff or his agent, in the following form: --
"I, A.B., do declare that the above statement is true to the best of my knowledge, information and belief."
(1) If the plaintiff relies in supports of his claim on any document in the possession he must produce such document before the Deputy Commissioner at the time of presenting his statement of claim.
(2) If such document be not so produced, it shall not afterwards be admitted unless the Deputy Commissioner, for sufficient reason to be recorded in writing, thinks fit to admit it.
If the plaintiff requires the production of any document in the possession or power of the defendant, he may, at the time of presenting his statement of claim, deliver a description of the document to the Deputy Commissioner, in order that the defendant may be directed to produce the document.
If the statement of claim does not contain the several particulars required by section 143 or by sections 143 and 144, as the case may be, or is not subscribed and verified as required by section 147, the Deputy Commissioner may return the statement of the plaintiff, or may at his discretion allow it to be amended.
If the statement of claim is in improper form, the Deputy Commissioner shall direct the issues of a summons to the defendant in the prescribed form 1[and also of a copy of the plaint or, if there are two or more defendants, of such portion of the plaint as relates to him].
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1. Ins. by Act 6 of 1920.
If the plaintiff requires the personal attendance of the defendant and satisfies the Deputy Commissioner that such personal attendance is necessary, or if the Deputy Commissioner of his own accord required such personal attendance, the summons shall contain an order for the defendant to appear personally on a day to be specified in the summons; otherwise the summons shall order the defendant to appear personally or by an agent who is acquainted with the facts of the case.
The said summons shall order the defendant to produce any document which he has in his possession and of which the plaintiff demands inspection, or upon which the defendant may intend to rely in support of his defence;
and shall also enjoin the defendant to bring his witnesses with him if they are willing to attend without issue of process.
If the amount of the cost of serving the summons be not deposited in the prescribed manner, the claim shall be rejected; but in such case the plaintiff may present another statement of claim at any time within the period provided by this Act for the limitation of suits.
If on the day fixed by the summons for the appearance of the defendant, or on any subsequent day to which the hearing of the case may be postponed prior to the framing of issues as provided in section 167 neither of the parties appears in person or by agent the case shall be struck off with liberty to the plaintiff to bring a fresh suit unless precluded by the provisions for the limitation of suits contained in this Act.
If on such day, only the defendant appears the Deputy Commissioner shall dismiss the suit unless the defendant admits the claim or part thereof in which case the Deputy Commissioner shall pass a decree against the defendant upon such admission without costs and where part only of the claim has been admitted shall dismiss the suit so far as it relates to the remainder:
Provided that such decree if there be more than one defendants, shall be only against the defendant who makes the admission.
If on such day, only the plaintiff appears, the Deputy Commissioner upon proof that the summons has been duly served shall proceed to examine the plaintiff or his agent, and, after considering the allegations of the plaintiff and any documentary or oral evidence adduced by him may either dismiss the case or postpone the hearing of it to a future day for the attendance of any witness whom the plaintiff may wish to call, or decree the suit exparte against the defendant.
If the defendant relies on any document in support of his defence, he shall produce it before the Deputy Commissioner at the first hearing of the suit; and if such document is not so produced it shall not afterwards be admitted, unless Deputy Commissioner for sufficient reasons to be recorded in writing, thinks fit to admit it.
If the defendant appears on any subsequent day to which the hearing of the suit may be postponed under section 157, the Deputy Commissioner may upon such conditions (if any) as to costs or otherwise as he may think proper, allow the defendant to be heard in answer to the suit as if he had appeared on the day fixed for his attendance.
A female plaintiff or defendant shall not be required to attend in person if of a rank or class which according to the customs and manners of the country, would render it improper for her to appear in public.
(1) Any party to a suit before the Deputy Commissioner under this Act may employ an agent to conduct the case on his behalf; but the appointment of an agent shall not excuse the personal attendance of the plaintiff or defendant in cases where his personal attendance is required by the summons or by any order of the Deputy Commissioner.
(2) Processes served on any such agent shall be as effectual for all purposes in relation to the suit as if they had been served on the party in person and all the provisions of this Act relating to the service of processes on a party to the suit shall be applicable to the service of processes on such agent.
The Deputy Commissioner may in any case grant time to the plaintiff or defendant to proceed in the prosecution or defence of a suit, and may also from time to time, in order to secure further evidence, or for other sufficient reason to be recorded by him, adjourn the hearing or further hearing of any case in such manner as he may think fit.
(1) When both parties appear in person on the day named in the summons, or upon any subsequent day to which the hearing of the case may be adjourned under section 162, the Deputy Commissioner 1[may proceed to examine them, and if he examines them] either party or his agent may cross-examine the other.
(2) If either of the parties is not bound to attend personally, any agent by whom he appears 1[may] be examined and cross examined in like manner as the party himself would have been if he had attended personally.
(3) At his first appearance, or at any time before the issues are framed the defendant may with the leave of the Deputy Commissioner, file a written statement of his defence.
(4) Such statement shall be verified in the manner provided in section 147.
&nb
The examination of the parties or their agents shall be conducted according to the law for the time being in force for the examination of witnesses.
(2) The depositions of parties, agents and witnesses shall be recorded in English 1[***].
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1. Repealed by ibid.
If the agent of either party is unable to answer any material question relating to the case, which the Deputy Commissioner is of opinion that the party whom he represent oughts to answer and likely to be able to answer if interrogated in person, the Deputy Commissioner may postpone the hearing of the case to a future day, and may direct that such party shall attend in person on such day,
and, if such party fails to appear in person on the day appointed, the Deputy Commissioner may decide the suit as in case of default, or make such other order as he may deem proper in the circumstances of the case.
If after the examination 1[referred to in] section 163, and after the examination of any witness who may attend to give evidence on behalf of either of the parties and after a consideration of the documentary evidence adduced, a decree can properly be made without asking further evidence, the Deputy Commissioner shall make a decree accordingly.
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1. Subs. by Act 6 of 1920.
If it appears that the parties are at issue on any question upon which it is necessary to hear further evidence, the Deputy Commissioner shall frame issues and shall fix a day for the examination of witnesses and the final hearing of the suit; and the trial shall take place on that day, unless there be sufficient reason for adjourning it, which reason shall be recorded by the Deputy Commissioner.
The parties shall produce their witnesses on the day of the trial; and, if either party requires assistance to procure the attendance of a witness on such day, either to give evidence or to produce a document, he shall apply to the Deputy Commissioner in sufficient time before such day to enable the witness to be summoned to attend on that day; and, if the application be made in sufficient time as aforesaid, the Deputy Commissioner shall issue a summons requiring such witness to attend.
(1) If, on the day fixed for the final hearing of the suit, neither of the parties appears, the case shall be struck off under the conditions provided in section 155.
(2) If on such day, only one of the parties appears, the suit may be tried and determined, in the absence of the other party, upon such proof as may then be before the Court.
(1) The Deputy Commissioner shall pronounce judgment in open Court.
(2) The judgment shall be written in English and shall contain the reasons for the decision, and shall be dated and signed by the Deputy Commissioner at the time when it is pronounced. 1[* *]
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1. Repealed by ibid.
(1) The Deputy Commissioner may, at any stage of suit or other proceeding before him under this Act --
(a) cause a local inquiry and report respecting the matter in dispute to be made by any officer subordinate to him, or by any other officer of the 1[Government] with the consent of the authority to whom such officer is subordinate, or by any other person whom the Deputy Commissioner may deem fit; or
(b) himself proceed to the spot and make such local inquiry in person.
(2) The provisions of the law for the time being in force, relating to local inquiries by Commissioners, under orders of Civil Courts, shall apply to any local inquiry made under clause (a) of sub-section (1), and, so far as they are applicable, also to inquiries made under clause (b) of that sub-section.
&
(1) The defendant in any suit before the Deputy Commissioner under this Act may, if he has duly tendered the same to the plaintiff before the institution of the suit pay into Court such sum of money as he may consider to be due to the plaintiff without paying in any costs incurred by the plaintiff up to the time of such payment, and such sum shall immediately be paid out of Court to the plaintiff.
(2) If, after such payment the plaintiff elects to proceed with the suit and ultimately obtains a decree for no more than was paid into Court, he may be charged with all costs of the suit incurred by the defendant but, if the plaintiff ultimately obtains a decree for more than was paid into Court, the defendant may be charged with all costs of the suit.
(1) The defendant in any suit before the Deputy Commissioner under this Act may, without having tendered the same to the plaintiff before the institution of the suit pay into Court such sum of money as he may consider to be due to the plaintiff, together with the costs (to be fixed by the Deputy Commissioner, if necessary, as upon a suit originally instituted for the amount so paid into Court) incurred by the plaintiff up to the time of such payment; and such sum shall immediately be paid out of Court to the plaintiff.
(2) If, after such payment, the plaintiff elects with the suit, and ultimately obtains a decree for no more than was paid into Court, he may be charged with all costs of the suit incurred by the defendant subsequently to such payment; but if the plaintiff ultimately obtains a decree for more than was paid into Court the defendant may be charged with costs as upon a s
From the date on which any sum is paid into Court by the defendant under section 172 or section 173, no interest shall be allowed to the plaintiff on such sum, whether it be in full satisfaction of his claim or falls short thereof.
Rep. by the Chota Nagpur Tenancy (Amendment) Act, 1938 (Bihar Act 2 of 1938) s. 24.
Rep. by the Chota Nagpur Tenancy (Amendment) Act, 1938 (Bihar Act 2 of 1938), s. 24.
When in any suit before a Deputy Commissioner under this Act between a landlord and a tenant 1[the tenant or a third person pleads that the right to receive the rent of the land or tenure cultivated or held by the tenant belongs to such third person] on the ground that such third person or a person through whom he claims has actually and in good faith received and enjoyed such rent before and up to the time of the institution of the suit,
such third person shall be made a party to the suit, and the question of the actual payment of the rent to such third person in good faith shall be inquired into, and the suit shall be decided according to the result of such inquiry:
Provided that such decision shall not affect the right of any party, who may have a legal title to such rent, to establish such title by suit in a Civil Court, if institute
(1) Any landlord desiring to eject a non-occupancy-raiyat on the ground that he has tiled to pay an arrear of rent or to cancel the lease of any tenant on account of the non-payment of arrears of rent, may sue for such ejectment or cancelment and for the recovery of the arrears in the same suit, or may, in a suit for such ejectment or cancelment, adduce any unexecuted decree for arrears of rent as evidence of the existence of such arrears.
(2) In all case of suits for the ejectment of a non-occupancy-raiyat for non-payment of arrears of rent or for the cancelment of a lease for non-payment of arrears of rent, the decree shall specify the amount of the arrear and if such amount together with the interest and costs of suit, be paid into Court within thirty days from the date of the final decree, the decree shall not be executed.
(3) The De
1[A non-occupancy-raiyat against whom decree or order of eviction has been made under section 178 shall be entitled to cut and appropriate the crop grown by him on the holding or portion thereof before but not after the delivery of possession through the Court.]
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1. Ins. by Act 25 of 1947.
If a decree is given for the grant of a lease to raiyat and the landlord fails, for a period of three months after the date of the decree, to grant such lease, the Deputy Commissioner may grant a lease in conformity with the terms of the decree, under his own hand and seal; and such lease shall have the same force and effect as if granted by the landlord.
If a decree is given for the delivery of a counterpart after engagement by a tenant to a landlord, and the tenant fails, for a period of three months after the date of the decree, to deliver such counterpart, the decree shall be evidence of the amount of rent claimable from such tenant, and copy of the decree under the hand and seal of the Deputy Commissioner shall have the same force and effect as a counterpart engagement delivered by the tenant to the landlord.
1[No. application for the execution of a decree or order passed by the Deputy Commissioner under this Act shall be entertained unless such application be made] within three years from --
(a) the date on which the decree or order is signed, or
(b) where there has been an appeal, the date of the final decree or order of the Appellate Court, or
(c) where there has been a review of judgment, the date of the decision passed on the review.
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1. Subs. by Act 6 of 1920.
1[An application for execution of a decree for arrears of rent obtained by a landlord shall not be made by an assignee of the decree unless the landlord's interest in the land has become and is vested in the assignee.]
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1. Ins. by ibid.
A decree or order passed by a Deputy Commissioner under this Act may be executed either by his own Court or by any other prescribed Court.
Every application for the execution of a decree or order passed by a Deputy Commissioner under this Act shall be in writing, shall be made in the prescribed form, and shall be verified by the applicant or his agent in the form provided in section 147.
Process of execution may be issued against either the person or the property of a judgment debtor, but shall not be issued simultaneously against both person and property :
1[Provided that -
(a) process of executions shall not be issued against the person of a judgment debtor in satisfaction of a decree for arrears of rent due in respect of a holding or of a Bhuinhari tenure;
(b) the movable property of the judgment-debtor shall not, without his consent in writing be attached or sold in execution of a decree for rent due in respect of a holding unless the decree cannot be satisfied by the attachment and sale of the holding for the arrears of the rent of which the decree was passed.]
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1. Ins.
Every warrant of execution against the person or movable property of a judgment-debtor shall be in the prescribed form.
The following particulars shall be exempted from attachment and sale in execution of any decree or order passed by a Deputy Commissioner under this Act namely : --
(a) the necessary wearing apparel and bedding of the judgment-debtor, his wife and children;
(b) tools and implements of husbandry and such cattle and seed grain as may in the opinion of the tools of the Deputy Commissioner, be necessary to enable the judgment-debtor to earn his livelihood as an agriculturist;
(c) the materials of houses and other buildings belonging to and occupied by agriculturists;
(b) books of account;
(e) any right of personal service;
(f) stipends and gratuities allowed to 1[*
1[A decree for arrears of rent obtained against a raiyat or an under-raiyat shall not be executed --
(a) by the detention in the civil prison of the judgment-debtor, or
(b) by the sale of houses and other buildings with the materials and the sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment belonging to the raiyat or under- raiyat and occupied by him :
Provided that any such house or building and the materials and the sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment may be sold in execution of a decree for arrears of rent due in respect of site of such house or building.]
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1. Ins. by Act 2 of 1938.
(1) Any movable property required to be seized under warrant of execution shall, if practicable be described in a list to be furnished by the judgment-debtor; but, if the creditor is unable to furnish such list, he may apply for a general seizure of the debtor's effects to the amount of the judgment and costs.
(2) In either case, the property to be seized shall be pointed out by the creditor or his agent to the officer entrusted with the execution of the warrant.
Every warrant of execution shall bear date of the day on which it is signed by the Deputy Commissioner, and shall continue in force for such period as the Deputy Commissioner may direct, not being more than sixty days from such date.
Second and successive warrants of execution may be issued by order of the Deputy Commissioner, on the application of the judgment-creditor, after the expiration of the period fixed for the continuance in force of a previous warrant.
(1) A warrant of execution shall not be issued upon any decree or order without previous notice to the party against whom execution is applied for, if when application for the issue of the warrant is made a period of more than one year has elapsed from the date of the decree or order, or from the date of the last previous application for execution.
(2) A warrant of execution shall not be issued against the heir or other representation of a deceased party without previous notice to such representative to appear and be heard.
(1) If a warrant is issued against the person of a judgment-debtor, the officer charged with execution of the warrant shall bring him with all convenient speed before the Deputy Commissioner.
(2) If the decree in execution of which the judgment-debtor was arrested is a decree for money, and if he does not immediately deposit in Court the full amount specified in the warrant or make arrangements, satisfactory to the judgment-creditor, for the payment of the same, or satisfy the Deputy Commissioner that he has no present means of paying the same.
The Deputy Commissioner shall send him to the civil jail there to remain for such time as may be directed by warrant addressed to the keeper of the jail, unless in the meantime he pays the said amount:
Provided that no judgment-debtor shall be imprisone
(1) When any judgment-debtor has been discharged from the civil jail, he shall not be imprisoned as second time under the same decree or order.
(2) If the amount due under such decree or order does not exceed fifty rupees, the Deputy Commissioner may declare such discharged person to be absolved from liability thereunder.
(3) In other cases the discharge shall not extinguish the liability of the discharged person under such decree or order or exempt property belonging to him from attachment in execution thereof.]
(1) Any person who applied for a warrant of execution against the person of a judgment-debtor shall deposit in Court at the time of the issue of the warrant diet-money for thirty days, at such rate as the Deputy Commissioner may direct for the subsistence of the prisoner.
(2) The said person shall also pay diet-money, at the same rate before the commencement of each succeeding month of the imprisonment; and, if he fails to make any such payment, the prisoner shall be discharged.
(3) All diet- money spent in providing subsistence for any prisoner shall be added to the costs in the suit and any diet money not so spent shall be returned to the person who paid it.
(1) If the decree or order is for the ejectment of any cultivator from land occupied by him or for the reinstatement of any cultivator in the occupancy of land from which he has been ejected the decree or order shall be executed by giving the possession or occupancy of the land to the person entitled by the decree or order to such possession or occupancy.
(2) If any opposition to the execution of the order for giving such possession or occupancy is made by the party against whom the order is made, the Deputy Commissioner shall in the exercise of his powers as a Magistrate, give effect to the order.
If the decree or order is for the cancelment of any lease or the ejectment of any tenant (not being an actual cultivator) or for the reinstatement of any tenant (not being an actual cultivator), in the possession of tenancy from which he has been ejected the decree or order shall be executed --
(a) by proclaiming its substance to the cultivators or other occupants of the tenancy by beat of drum, or
(b) by notification reciting the substance of the decree or order and affixed in some conspicuous place within, or adjacent to, the tenancy, or
(c) in such other manner as may be prescribed.
If a decree is given by the Deputy Commissioner under this Act in favour of a sharer in a joint undivided estate or tenure, for money due to him on account of his share of the rent of any tenure comprised in such undivided estate or tenure,
application for the sale of such tenure shall not be received unless execution has first been taken out against any movable property which the judgment-debtor may possess within the district in which the suit was instituted and unless the sale of such property, if any, has proved insufficient to satisfy the decree;
and such tenure may then, with the previous sanction of 1[Deputy Commissioner] but not otherwise be sold in execution of the decree, in the manner in which any other immovable property may be sold in execution of a decree for money under the provisions of clause (b) of section 210.
When one or more co-sharer landlords applies or apply for the execution of a decree obtained in a suit instituted under clause (b) of section 142, by the sale of a tenure or holding the Court executing such decree shall, before proceeding to sell the tenure or holding, give notice of the application for execution to the other co-sharers.
In the execution of any decree or order by the Deputy Commissioner under the Act for the payment of money, not being money due or recoverable as an arrear of rent,
if satisfaction of the decree or order cannot be obtained by execution against the person or movable property of the debtor within the district in which the suit was instituted,
the judgment-creditor may apply for execution against any immovable property belonging to such debtor,
and such immovable property may, with the sanction of the Commissioner, but not otherwise, be brought to sale in the manner provided in clause (b) of section 120.
(1) For the purpose of executing a warrant of execution issued by the Deputy Commissioner under this Chapter against the movable property of a judgment-debtor, the officer charged with the execution of the warrant shall prepare a list of the property pointed out by the judgment-creditor, and shall publish a proclamation specifying the day upon which the sale is intended to be held, and a copy of the said list, at the intended place of sale and at the residence of the debtor.
(2) A copy of the said list and proclamation shall be transmitted to the Deputy Commissioner, and shall be affixed in his office.
(3) Until the day of sale, the said property shall remain in the custody of the officer executing the warrant 1[or of some other person to whom such officer by a writing under his hand commit the custody thereof. Such person shall be deeme
No sale of any moveble property (other than perishable property) seized in execution under this Chapter shall be made until the expiration of a period of ten days after the day on which the property was so seized.
(1) Such sale shall be held at the place where the property deposited, or at the nearest market or other place of public resort if the officer executing the warrant thinks it is likely to sell there to better advantage.
(2) The property shall be sold by public auction, in one or more lots as the officer executing the warrant may think advisable and if the judgment-debtor, and the costs of the execution and sale are realised by the sale of a portion of the property; the execution shall immediately be withdrawn with respect to the remainder.
Officers executing warrants for the sale of property under this Chapter, and all persons employed by or subordinate to, such officers, are prohibited from purchasing either directly or indirectly any property sold by such officers.
If on the property being put up for sale, no price which the officer executing the warrant considers fair is offered for it, and the owner of the property, or some person authorized to act on his behalf applies to have the sale postponed until the next day, or the next market day if a market be held at the place of sale or in the vicinity; the sale shall be postponed until such day, and shall then be completed at whatever price may be offered for the property.
(1) The price of every lot shall be paid at the time of sale or as soon as thereafter as the officer executing the warrant may direct, and in default of such payment, the property shall again be put up and sold.
(2) When the purchase-money has been paid in full the officer executing the warrant shall deliver the property to the purchaser with a certificate describing the property and stating the price paid.
(1) From the proceeds of the sale the officer executing the warrant shall make a deduction at the rate of one anna in the rupee, on account of the costs of sale, and shall transmit the amount so deducted to the Deputy Commissioner, in order that it may be credited to the 1[State] Government.
(2) The said officer shall deal with the rest of the proceeds in the prescribed manner.
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1. Subs. by A.L.O. for "Provincial."
(1) If before the day fixed for the sale, a third party appears before the Deputy Commissioner and claims a right or interest in any of the movable property seized in execution, the Deputy Commissioner shall examine such party or his agent according to the law for the time being in force relating to the examination of witness, and, if he sees sufficient reason for so doing may stay the sale of such property.
(2) The Deputy Commissioner shall, after taking evidence, adjudicate upon such claim, and shall make such order thereupon as he thinks fit.
(3) If the claimant fails to establish his right to the property seized in execution the Deputy Commissioner may, by his order under sub-section (2), award to the judgment-creditor against the claimant, in addition to the costs of the proceeding such sum as the Deputy Commissioner may consider su
No irregularity in publishing or conducting a sale of movable property under a warrant of execution issued under this Chapter shall vitiate such sale but nothing contained in this section shall bar any person who sustains damages by reason of any such irregularity from recovering damages by suit in the Civil Court, if instituted within one year from the date of the sale.
(1) When a decree passed by the Deputy Commissioner under this Act is for an arrear of rent due in respect of a tenure or holding, the decree-holder may apply for the sale of such tenure or holding and the tenure or holding may thereupon be brought to sale in execution of the decree, 1[according to the procedure laid down in section 208 B to 208D] :
Provided 2[firstly] that the purchaser of a tenure at any such sale shall not be entitled to annul any lease, right or tenancy referred to in clauses (a) to 1[f] of section 14 of this Act:
1[Provided secondly] also that 1[Deputy Commissioner] may, by order in any case in which he may consider it desirable so to do --
(a) prohibit the sale of any tenure or portion thereof, or
(b) stay any such sale for an
1[Where a portion of an occupancy holding has been sold in execution of a decree for arrears of rent due in respect of such holding, the holding consequent upon the sale shall be binding on the landlord. The Deputy Commissioner shall distribute the rent of the holding between the purchaser of the said portion and the tenant of such holding and such distribution of rent shall be binding on the landlord.
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1. Ins. by Act 25 of 1947.
Where a tenure or holding or portion thereof is sold in execution of a decree for an arrear of rent, the following procedure shall be observed, namely:-
(a) The Court holding the sale shall cause to be hung up in its own Court and in that of the Deputy Commissioner of the district in which the land comprised in the tenure of holding to be sold is situated, and to be affixed on some conspicuous place on the land in the town or village in or nearest to which the said land is situated a notice for the sale of the said tenure or holding on some fixed date not less than twenty days from the hanging up of the said notice in the Court in which the decree is in course of execution.
(b) The said notice shall specify, in the words used in the plaint in the suit in which the decree was made the name of the village, estate and pargana, or other loca
When the purchase-money shall have been paid in full the officer holding the sale shall give the purchaser a certificate in the prescribed form containing the necessary particulars of the property sold; and shall further on the purchaser making application and depositing the requisite costs to be determined by him, depute an officer or Amin to put him in possession of the property in customary manner.
Subject to the first proviso to sub-section
(1) of section 208, the purchaser of a tenure or holding or portion thereof, as the case may be, shall acquire it free of all incumbrances which may have accrued thereon by any of the holder or his representatives-in-interest, unless the right of making such incumbrances shall have been expressly vested in the holder by the written engagement, if any, under which the tenure or holding was created or by the subsequent written authority of the person who created it or his representative in-Interest:
Provided that nothing herein contained shall be held to entitle the purchaser to eject 'khudkaph' raiyats or resident and hereditary cultivators, nor to cancel bonafide engagements made with such class of raiyats or cultivators aforesaid by the late incumbent of the under-tenure or his representative
(1) In disposing of the proceeds of the sale of a tenure or holding under section 208, the following procedure shall be observed that is to say --
(a) there shall be paid to the decree holder the costs incurred by him in bringing the tenure or holding to sale;
(b) there shall, in the next place, be paid to the decree holder the amount due to him under the decree in execution of which the sale was made;
(c) if there remains a balance after those sums have been paid, there shall be paid to the decree holder therefrom any rent which may have accrued due to him in respect of the tenure or holding between the institution of the suit and the date of the sale; and
(d) the balance (if any) remaining after the payment of rent referred to in clause (c) shall
(1) If, after sale of a tenure or holding in pursuance of section 208, any portion of the decree amount remains due 1[or if the tenure or holding or portion thereof cannot be sold under that section by reason of the decree not being a decree for an arrear of rent]' process may be applied for against any other property, movable or immovable, belonging to the judgment- debtor:
1[Provided that nothing in this section shall be deemed to authorise the arrest or detention in the civil prison of the judgment- debtor.]
(2) Notwithstanding any thing contained in sub-section (1) 2[ when the Deputy Commissioner passes a decree for an arrear of rent due in respect of tenure the decree-holder may], with the permission of the Deputy Commissioner, granted for reasons to be recorded in writing proceed against any other property, movable or immovable of
(1) If, before the day fixed for the sale of any tenure or holding in pursuance of section 208 a third party appears before the Deputy Commissioner and alleges that he, and not the person against whom the decree has been obtained, was in lawful possession of, or had some interest in the tenure or holding when the decree was obtained.
The Deputy Commissioner shall examine such party according to the law for the time being in force relating to the examination of witnesses, and if he sees sufficient reason for so doing and if such party deposit in Court or gives security for the amount of the decree the Deputy Commissoner shall stay the sale and shall, after taking evidence adjudicate upon the claim :
Provided that no such adjudication shall be made if the Deputy Commissioner considers that the claim was designedly or unnecessarily delayed
(1) When any immovable property has been sold under this Chapter in execution of decree, any person who owned such property immediately before the sale, or who claims, an interest therein under a title lawfully acquired before the sale may, at any time within a period of 1[ninety] days from the date of the sale, apply to have the sale set aside on his depositing in the Court of the Deputy Commissioner, -
(a) for payment to the purchaser--a sum equal to five per centum of the purchase money, and
(b) for payment to the decree-holder-- the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, less any amount which may, since the date of such proclamation 2[of] sale have been received by the decree holder.
Provided that, if a person applies under sect
(1) When any immovable property has been owned under this Chapter in execution of a decree, the decree holder or the person who owned such property immediately before the sale may 1[at any time within a period of thirty-days from the date of the sale], apply to the Deputy Commissioner to set side the sale on the ground of a material irregularity 1[or fraud] in publishing or conducting it; but no sale shall be set aside on the ground of irregularity unless the applicant proves to the satisfaction of the Deputy Commissioner that he has sustained substantial injury by reason of such irregularity:
Provided that if a person applies under section 212 to set aside the sale of his immovable property, he shall not be entitled to make an application under this section.
(2) If an application be made under this Section, and if the objection be allow
1[(1) Where a decree for rent is set aside any sale of immovable property in execution of such decree shall be deemed to be set aside and the Court of first instance shall restore the judgment-debtor to such ownership and if he is not in possession to such possession of the immovable property as he has at the date of the sale, and shall upon the application of any person affected by the sale or the reversal thereof, pass such further orders as will so far as may be, place the parties, including the auction purchaser and his successor-in-interest if any, in the position which they would have occupied but for such decree; and for this purpose the Court may make any orders, including orders for the refund of costs for the payment of interest, damages, compensation and mesne profits which are properly consequential on such reversal.
(2) No suit shall be instituted in any Court for the
1[No suit or application shall be entertained by any Court to set aside or to modify the effect of-
(a) any sale made under this Chapter, save under section 211, section 212 or section 213 or on the ground of fraud or want of jurisdiction, or
(b) an order under section 212, sub-section (2) or section 213, sub-section (2), setting aside a sale.
Explanation. --Where property has been sold under the provisions of sub-section (3) (b) of section 210, this section does not prohibit an application under rule 72 (3) or rule 91 nor a suit under rule 63, or rule 103 of Order XXI of the First Schedule to the Code of Civil Procedure 1908, if such suit is instituted within one year of the date of the adverse order.]
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&n
1[If the Deputy Commissioner directs the sale of a portion of a holding, the provisions of the Chapter relating to the sale of a holding shall, as far as may be, apply to the sale of such portion.]
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1. Ins. by Act 2 of 1938.
1[(1) All orders passed by a Deputy Commissioner in suits tried by him under sub-clause (c) of clause (2) or clause (7) of section 139, if the amount sued for, or the value of the property claimed does not exceed one hundred rupees, the judgment of the Deputy Commissioner shall be final and not subject to appeal, unless a question relating to a title to land, or to some interest in land, as between parties having conflicting claims thereto, has been determined by the judgment in which case the judgment shall be open to an appeal which shall lie to the Judicial Commissioner unless the amount or value in dispute exceeds five thousand rupees in which case the appeal shall lie to the High Court:
(2) When any such suit in which, if tried and decided by a Deputy Commissioner, the judgment of the Deputy Commissioner would be final as tried and decided by a Deputy Collector, an appeal from
1[(1) Every appeal under section 215 shall be presented to the Commissioner, the Deputy Commissioner or any offcer specially empowered by the 2[State] Government under sub-section (5) of section 215 as the case may be, within thirty days from the date of the order or the decree appealed against.
(2) Appeals to the Judicial Commissioner or to the High Court shall be presented within the time provided for the presentation of appeals to a District Judge or the High Court as the case may be under the Code of Civil Procedure 1908 (V of 1908) by the law for the time being in force for the limitation of appeals.]
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1. Subs. by Act 25 of 1947
2. Subs. by A.L.O. for "Provincial".
Orders passed by the Commissioner or Deputy Commissioner in appeals referred under section 215 shall not be open to any further appeal; but the board or (in the case of appeals decided by the Deputy Commissioner) the Commissioner may call for the case and pass such orders thereon as it or he may think proper.
Rep. by the Chota Nagpur Tenancy (Amendment) Act, 1947(Bihar Act 25 of 1947), s. 34.
Rep. by the Chota Nagpur Tenancy (Amendment) Act, 1947 (Bihar Act 25 of 1947), s. 34.
(1) The Deputy Commissioner or the Commissioner, as the case may be, shall fix a day for hearing the appeal, and shall cause notice of the same to be served on the respondent.
(2) If, on the day Fixed for hearing the appeal, or on any other day to which the hearing may be adjourned, the appellant does not appear in person or by agent, the appeal shall be dismissed for default.
(3) If on such day the appellant appears and the respondent does not appear in person or by agent, the appeal shall be heard exparte.
If an appeal is dismissed for default of prosecution, the appellant may within thirty days from the date of the dismissal, apply to the Deputy Commissioner or the Commissioner as the case may be, for the re-admission of the appeal; and, if it is proved to the satisfaction of the Deputy Commissioner or the Commissioner as the case may be, that the appellant was prevented by any sufficient cause from appearing when the appeal was called on for hearing the Deputy Commissioner or the Commissioner, as the case may be, may re-admit the appeal.
When an appeal is heard ex- parte in the absence of the respondent and judgment is given against him, he may apply to the Appellate Court to re-hear the appeal; and if he satisfies the Court that notice was not duly served or that he was prevented by sufficient cause from attending when the appeal was called on for hearing, the Court may re-hear the appeal on such terms as to costs or otherwise as the Court thinks fit to impose upon him.
(1)1[* * * *]
2[(2) Save where otherwise expressly provided in this Act or by any other law for the time being in force, a second appeal shall lie to the High Court from any appellate decree passed by the Judicial Commissioner under this Chapter, from any order passed by him on appeal under section 215 1[****] on any of the following grounds, namely: --
(a) the decision being contrary to law or to some usage having the force of law;
(b) the decision having failed to determine some material issue of law or usage having the force of law;
(c) a substantial error or defect in the procedure provided by this Act which may possibly have produced error or defect in the decision of the case upon the merits.
and th
(1) Where, in analogous suits, some appeals have been presented to the Deputy Commissioner and of others to the Judicial Commissioner, the Judicial Commissioner may, on the application of any of the parties transfer to his own Court the appeals pending in the Court of the Deputy Commissioner.
(2) Where in analogous suits some appeals lie to the Deputy Commissioner and others to the Judicial Commissioner, a plaintiff or defendant whose appeal would ordinarily lie to the Deputy Commissioner may, if an appeal in any such suit has been presented by any other plaintiff or defendant to the Judicial Commissioner and admitted, present his appeal to the Judicial Commissioner instead of to the Deputy Commissioner and the Judicial Commissioner may hear and decide the same.
Rep. by s. 36 of the C.N.T. (Amendment) Act, 1947 (Bihar Act 25 of 1947).
(1) No appeal by a plaintiff or defendant shall lie from a judgment or order passed against him by default for non-appearance, whether such judgment or order were given under section 155, section 156, section 157 or section 169.
(2) If the party against whom any such judgment or order has been given appears, either in person or by agent: --
(a) if a plaintiff, within thirty days from the date of the Deputy Commissioner's order, and
(b) if a defendant, within thirty days after any process for enforcing the judgment has been executed.
or at any earlier period, and shows sufficient cause for his previous non-appearance and satisfies the Deputy Commissioner that there has been a failure of justice, the Deputy Commissioner may, upon such terms and condit
In all cases in which the Deputy Commissioner under section 227, passes an order setting aside a judgment or order, the order shall be final but in all appealable cases in which the Deputy Commissioner, under that section rejects an application for setting aside a judgment or order an appeal shall lie from the order of rejection to the tribunal to which the final decision in the suit would be appealable, provided that the appeal be preferred within the time allowed for an appeal from such final decision
The provisions of 1[Rule 22 of Order XLI of the First Schedule to the Code of Civil Procedure, 1908 [5 of 1908] shall, so far as applicable, apply to all appeals under this Act from decisions of the Deputy Commissioner 2[or of a Revenue-officer].
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1. Subs. by Act 6 of 1920.
2. Subs. by A.L.O. for "Provincial".
(1) Any landlord (other than the Government) whose land is situate in an area for which a record-of-right has been prepared and finally published, and in which such record is maintained, may apply to the 2[State] Government, through the Deputy Commissioner of the district in which his land is situate, for the application of the procedure prescribed by the Bihar and Orissa Public Demands Recovery Act, 1914 (B. & O. Act 4 of 1914) to the recovery of arrears of rent which he alleges are or, may become, due to him for lands in such area.
(2) The 2[State] Government may reject any such application or may allow it subject to such terms and conditions as it may see fit to impose, and may at any time add to or vary any terms or conditions so imposed or withdraw its allowance of the application, without, in any of these cases, assigning any reason for its action.
The provisions of the Indian Limitation Act 1908 (9 of 1908) shall, so far as they are not inconsistent with this Act, apply to all suits, appeals and application under this Act.
1[Notwithstanding any of the provisions of the Indian Limitation Act, 1908 (9 of 1908) where an application under sub-section (3) of section 85 has been made or a suit under section 87, section 111 (8), section 130 or section 252 has been instituted within three months from the date of final publication of the record-of-rights and any person is thereafter added or substituted as a party to such application or suit, the application or the suit shall, as regards such person, be deemed for the purpose of limitation to have been made or instituted on the date upon which it was made or instituted by the original applicant or plaintiff against the original defendant.
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1. Ins. by Act 6 of 1920.
All suits and applications instituted or made under this Act, for which no period of limitation is provided elsewhere in this Act, shall be commenced and made respectively within one year from the date of the accruing of the cause of action.
Provided that there shall b" no period of limitation for applications under sections 28, 31 1[clauses (c) to (f) of section 33A] 34, 50, 61, 75, 105 or 121].
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1. Ins. by Act 2 of 1938.
Suits and applications for the delivery of leases or counterpart engagements. or for the determination of the rates or rent payable for lands held by a tenant, may be instituted and made, respectively at any time during the tenancy.
Suits for the ejectment of an occupancy raiyat or non-occupancy-raiyat on any of the grounds mentioned in section 22 or in clauses (b) and (a) of section 41 shall be instituted within two years from the date of the misuse or breach complained of.
Suits and applications under section 244, for the recovery of arrears of rent, shall be instituted within three years]1 or where the State Government is the landlord, within ten years from the end of the agricultural year in which the arrear became due.
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1. Ins. by S.7 of the Chota Nagpur Tenancy (Amdt.) Act, 1955 (Bihar Act 20 of 1955). This amendment shall cease to have effect after 31st March 1975 and section 8 of the Bihar and Orissa General Clauses Act, 1917 (B. & O. Act. 1 of 1917) shall apply on the expiry of this amendment, under section 3 of the Bihar Tenancy Laws (Amdt.) Act, 1970 (Bihar Act 5 of 1970).
(1) Where a landlord has instituted a suit against a tenant or applied for a certificate under section 240 against a Mundari Khunt-kattidar for the recovery of any rent of tenancy, the landlord shall not institute another suit or apply for another such certificate against him for the recovery of any rent of that tenancy until after six months from the date of the institution or making of the previous suit or application.
(2) Nothing in sub-section (1) shall prohibit a fresh suit for rent when a former suit has been withdrawn with leave to sue again or when a claim has been rejected under section 154, or when a case has been struck off under section 155 or section 169.
Suits for the recovery of money in the hands of an agent or for the delivery of accounts or papers by an agent, may be brought at any time during the agency, or within one year after the determination of the agency, of such agent:
Provided that, if the person having the right to sue has by fraud, been kept from knowledge of the receipt of any such money by the agent, or if any fraudulent accounts has been rendered by the agent the suit may be brought within one year from the time when the fraud first became known to such person; but not such suit shall in any case be brought at any time exceeding three years from the termination of the agency.
Applications for the recovery of possession of a holding, or any portion thereof from which an occupancy-raiyat has been unlawfully ejected must be instituted within three years from the date of such ejectment.
Suits or applications for recovery of possession of his office or agricultural land by a 1[village headman] against a landlord or any person holding by virtue of any assignment from a landlord, must be instituted or made within three years from the date of dispossession.
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1 Subs. by Act 6 of 1920.
Such of proceeding sections as are applicable to Mundari Khunt-kattidars shall in their application to such persons and their tenancies, be read subject to the provisions of the following section in this Chapter.
(1) No Mundari Khunt-kattidari tenancy or portion thereof shall be transferable by sale, whether in execution of decree or order of a Court or otherwise:
Provided that, when a decree or order has been made by any court for the sale of any such tenancy or portion thereof, in satisfaction of a debt due under a mortgage (other than a usufructuary mortgage) which was registered before the commencement of the Chota Nagpur Tenancy (Amendment) Act, 1903 (Hen. Act 5 of 1903)1, the sale may be made with the previous sanction of the Deputy Commissioner.
(2) If the Deputy Commissioner refuses to sanction the sale of any such tenancy or portion thereof under the proviso to sub-section (1), he shall attach the land and make such arrangements as he may consider suitable for liquidating the debt.
(3) No mort
(1) Notwithstanding anything contained in section 240, a Mundari-khunt-kattidar may without the consent of his landlord, transfer the land comprised in his tenancy, or any part thereof, for any reasonable and sufficient purpose having relation to the good of the tenancy or of the tenure or estate in which it is comprised, such as the use of the land for any charitable, religious or educational purpose or for the purposes of manufacturer or irrigation, or as building ground for any such purpose, or for access to land used or required for any such purpose:
Provided that the transfer shall be made by registered deed and that before the deed is registered and land transferred, the written consent of the Deputy Commissioner shall be obtained to the terms of the deed, of the transfer.
(2) Before consenting to any such transfer, the Deputy Comm
If any person obtains possession of a Mundari-khunt-kattidari tenancy or any portion thereof in contravention of the provision of section 240 the Deputy Commisioner may eject him thereform.
and if the tenancy was, before such possession was obtained entered as a Mundari-khunt-kattidari tenancy in a record-of-rights finally published under this Act or under any law in force before the commencement of this Act, no suit shall be maintainable in any Court in respect of such ejectment; but an appeal shall lie as provided in Chapter XVI.
(1) The rent of a Mundari-khunt-kattidari tenancy may be enhanced only --
(a) by an order of the Deputy Commissioner, and
(b) if it be shown before the Deputy Commissioner that the tenancy was created within a period of twenty years immediately preceding the presentation of the petition for enhancement.
(2) An order of the Deputy Commissioner under sub-section (1) shall not enhance the rent of any such tenancy to an amount which would exceed one-half of the rent which would be payable for the land if it were held by a raiyat having a right of occupancy therein.
(3) The provisions of sections 28 to 30 shall be applicable to proceedings or the enhancement of the rent of a Mundari-khunt-kattidari tenancy.
1[(1) When an arrear of rent accrues in respect of a Mundari-khunt-kattidari tenancy for which a record-of-rights has been prepared under this Act or under any law inforce before the commencement of this Act, no suit shall be maintainable in any Court for the recovery of the arrears but the landlord may apply in writing to the Deputy Commissioner to sign a certificate authorizing the recovery thereof, with simple interest not exceeding twelve and a half or in the case of money recoverable under the Cess Act, 1880 (Ben. Act 9 of 1880) at twelve-and-a-half per centum per annum under the Bihar and Orissa Public Demands Recovery Act, 1914 (B. & O. Act 4 of 1914).
(2) Every such application shall be signed and verified by the landlord making it, in the manner prescribed by rule 1 in Schedule II to the said Act, as amended for the time being by rules made under section 47 thereof, and sh
If, in the course of any proceedings under section 244, any question of title raised which could in the opinion of the Deputy Commissioner more properly be determined by a Civil Court, the Deputy Commissioner shall refer such question to the principal Civil Court in the district for determination.
(1) When an arrear of rent accrues in respect of a Mundari-khunt- kattidari tenancy for which no record-of-rights has been prepared the landlord may institute a suit for the recovery of the arrear.
(2) Subject to the provision of section 248, a decree or order made in any such suit may be enforced only by the attachment and sale of the movable property of the defendant, or by the attachment or realization of rent or other debt due to him or by execution against his person in the manner provided by Chapter XVI, or any two or more of these processes.
Where a Mundari-khunt-kattidari tenancy is held jointly by a group of khunt-kattidars,
and an objection to the making of a certificate under section 244 or to the execution thereof, or to the maintenance of a suit under section 246, is made on the ground that all the khunt-kattidars have not been made parties to the proceeding,
the objection shall not be entertained if it be shown that other khunt- kattidar could not be made parties without undue delay or expense.
Where a decree or a certificate under 1[the Bihar and Orissa Public Demands Recovery Act, 1914 (B. & O. Act 4 of 1914) has been made against a Mundari-khunt-kattidar for any money due to the 2[Government] or for rent due to a landlord, the Deputy Commissioner may attach the land occupied by him, 3[whether it be in his immediate occupation or in possession of a mortgagee or of any other person except a raiyat or a lessee holding under a mukarrari lease as described in section 240, clause (4) (a)] and make such arrangements as the Deputy Commissioner may consider suitable for liquidating the debt 3[and in particular he may realize and devote to such liquidation all rents due to such mortgage or other person shall not recover from a person rents so realized.]
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1. Ins. by Act 4 of 1914.
&nb
When a Mundari-khunt-kattidar has paid the rent of his tenancy, including portions thereof due from his co-sharers or any of them the said portions may, if the proportions due by such co-sharers are definitely stated in a record-of-rights prepared under this Act or under any law in force before the commencement of this Act, be recovered by him, with interest, under procedure provided by section 244, as if they were an arrear of rent due to a landlord.
All Mundari-khunt-kattidari tenancies shall be so described in any record-of- rights prepared under Chapter XII.
No suit shall be entertained under section 87 for the decision of any dispute regarding any entry relating to a Mundari-Khunt-Kattidari tenancy in a record-of rights.
(1) At any time within three months from the date of the certificate of the final publication of the record of rights under this Act, or under any law in force before the commencement of this Act, a suit may be instituted before a Revenue-officer, for the decision of any dispute regarding any entry of a Mundari-khunt-kattidar tenancy or the incidents thereof in the record, or regarding any omission to enter such a tenancy or any incident thereof in the record; and the Revenue-officer shall hear and decide the dispute.
(2) In all such suits the Revenue-officer shall, subject to any rules made in this behalf under section 264, adopt the procedure laid down in Chapter XVI for the trial of suits before the Deputy Commissioner.
An appeal shall lie in the prescribed manner and to the prescribed officer, from any decision of a Revenue officer under section 252.
Whenever a suit instituted under section 252 has been finally decided, a note of the decision shall be made in the record-of-rights, as finally published, by the Revenue-officer referred to in that section; and such note shall be considered as part of the record.
When an order has been issued under section 80 of this Act, or under section 101 of the Bengal Tenancy Act, 1885 (8 of 1885) in respect of any local area, estate, tenure or part thereof, no judgment, decree or order in any suit instituted thereafter shall be taken as evidence,
in any inquiry made by a Revenue-officer engaged in the preparation of a record-of-rights for such area, estate, tenure or part, under Chapter XII of this Act or under Chapter X of the said Bengal Tenancy Act, 1885 (8 of 1885),
respecting any claim that any tenancy within that area, estate, tenure or part is or is not a Mundari khunt-kattidari tenancy.
1[(1) Whether a record-of-rights has been finally published under section 83 of this Act or under sub-section (2) of section 103 A of the Bengal Tenancy Act, 1885 (8 of 1885) or amended under section 254 of this Act.
the entries therein relating to Mundari-khunt-kattidari tenancies shall be conclusive evidence of the nature and incidents of such tenancies and of all particulars recorded in such entries,
and, if any tenancy in the area, estate or tenure for which the record-of-rights was prepared has not been recorded therein as a Mundari- khunt-kattidari tenancy, no evidence shall be received in any Court to show that such tenancy is a Mundari-khunt-kattidari tenancy.
(2) Where in the record-of-rights finally published under sub-section (2) of section 103A of the Bengal Tenancy Act, 1885 (8 of
When two or more persons are joint landlords anything which a landlord is under this Act, required or authorized to do must be done by both or all those persons acting together, or by an agent authorised to act on behalf of both or all of them.
1[Save as expressly provided in this Act, no suit shall be entertained in any Court to vary, modify or set aside, either directly or indirectly, and 2[decision], order or decree of any Deputy Commissioner or Revenue-officer in any suit, application or proceeding under section 20, section 32, section 35, section 42, section 46, sub-section (4) section 49, section 50, section 54, section 61, section 63, section 65, section 73, section 74A, section 75, section 85, section 86, section 87, section 89, 3[* * *] or section 91 (proviso), or under Chapter XIII, XIV, XV, XVI, or XVII, except on the ground of fraud or want of jurisdiction 2[and every such decision, order or decree shall have the force and effect of a decree of a Civil Court in a suit between the parties and, subject to the provisions of this Act, relating to appeal, shall be final].
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Every notice, summons or other process under this Act required to be served on any person shall be served in the prescribed manner.
Every process issued by a Deputy Commissioner or Revenue-officer under this Act shall bear his seal and signature, and the cost of serving the same shall be paid by such person and in such manner as may be prescribed.
1[The provisions of section 35 of the Code of Civil Procedure, 1908 (5 of 1908) and of sub-rules (2) and (3) of rule 6 of Order XX of the First Schedule to the said Code shall apply to all suits, applications and proceedings under this Act.]
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1. Subs. by Act 6 of 1920.
(1) A Revenue-officer or Deputy Commissioner may, subject to any directions given by the 1[State] Government, require any plaintiff or applicant to deposit in advance the whole or any part of the estimated amount of the expenses to be incurred by the Government in any proceedings under this Act.
(2) If the amount so deposited by any person exceeds the sum finally made payable by him as costs, the excess shall be refunded to him when the proceedings are completed.
_________________
1. Subs. by A.L.O. for "Provincial".
For the purposes of any inquiry under this Act, any Deputy Commissioner or Revenue officer shall have power to summon and enforce the attendance of witnesses and compel the production of documents in the same manner as is provided in the case of a Court by the Code of Civil Procedure 1908 (5 of 1908).
(1) The 1[State] Government may make rules]2 to carry out the objects of this Act.
(2) In particular, and without prejudice to the generality of sub-section (1), the 1[State] Government may make rules -
3[(i) to prescribe the particulars to be contained in the notice, and the period within which the landlord may make the application under sub-section (1) of section 13;
(ia) to prescribe the particulars to be specified in pursuance of clause (a) of sub-section (1) of section 28, in applications for enhancement of the rent of occupancy holdings];
(ii) to limit the enhancement of the rent of occupancy holdings under section 29;
(iii) to prescribe particulars to be specified, in pursuance of clause (i) of sec
(1) The 1[State] Government may 2[***] make rule]3 for regulating the procedure of the Deputy Commissioner in matters under this Act for which a procedure is not provided hereby, and may, by any such rule, direct that any provisions of the Code of Civil Procedure, 1908 [5 of 1908] shall apply, with or without modification, to all or any classes] of cases before the Deputy Commissioner.
(2) When any provision of the said Code is applied by such rules, the rules may further declare that any provision of this Act which is superseded by, or inconsistent with, any provision so applied shall be deemed to be repealed.
(3) Until rules are made under sub-section (1), and subject to those rules when made and to the other provisions of this Act, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) 4[* * *].
&nb
(1) All powers conferred by this Act for making rules are subject to the condition that the rules be made after previous publication.
(2) Sub-section (1) shall not apply to any rules made and published in the 1[Official Gazette] within a period of two months from the commencement of this Act but all rules so made and published shall be re-issued, after previous publication, and with such amendments (if any) as the State Government may consider necessary, within a period of one year from such commencement.
_________________
1. Subs. by A. O. for "Calcutta Gazette".
All rules made and notifications issued, under this Act shall be published in the 1[* *]
2[Official Gazette], and on such publication shall have effect as if enacted in this Act.
_________________
1. Omitted by Act 6 of 1920.
2. Subs. by A.O. for "Gazette;".
(1) Costs and interest awarded under this Act in rent suits 1[*****] shall be recoverable as if they were arrears of rent.
(2) All costs 2[and interests] not referred to in sub-section (1) 2[and a damage compensation], fines and penalties, awarded or imposed under this Act, shall be recoverable in the manner provided in Chapter XVI for the recovery of money (not being arrears of rent) due under a decree.
_________________
1. Omitted by Act 2 of 1938.
2. Subs. by ibid.
A Revenue- officer may at any time transfer any pending suit, application or proceeding under this Act from the file of any Revenue-officer acting under this Act to the file of any other Revenue-officer so acting who is duly authorized to entertain and decide such suit, application or proceeding.
In the performance of their duties and exercise of their powers under this Act, Deputy Commissioners shall be subject to the general direction and control of the Commissioner and the Board, and Deputy Collectors exercising functions of the Deputy Commissioner shall also be subject to the direction and control of the Deputy Commissioner.
Nothing in this Act shall affect-
(a) the powers and duties of Settlement-officers as defined by any law not expressly repealed by this Act, or
(b) any other special or local law not repealed, either expressly or by necessary implication, by this Act.
SCHEDULE A.
Acts and notification repealed in the Chota Nagpur division
1[*****]
[See Section 2 (1)].
Acts of the Bengal Council].
Number and year Short title
1 2
I of 1879.. The Chota Nagpur Landlord and Tenant Procedure Act, 1879
IV of 1897.. The Chota Nagpur Commutation Act, 1897.
V of 1903 The Chota Nagpur Tenancy (Amendment) Act, 1903.
V of
SCHEDULE B.
1[*] Repealed in 2[the district of Dhanbad and Patna, Ichagarh and Chandil Police Station in the district of Singhbhum.]
[See Section 2(2).]
Number and year Short title
1 2
Act of the Governor-General of India in Council.
X of 1859 -- The Bengal Rent Act, 1859
Acts of the Bengal Council.
VI of 1862.. The Bengal Rent Act, 1862
IV of 1867.. The Bengal Rent (Appeals) Act, 1867,
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