Orissa Tenancy Act, 1913

Orissa Tenancy Act, 1913

S.1 Short title, commencement and local extent

S.2 Repeal

S.3 Definitions

S.4 Classes of tenants

S.5 Meaning of 'tenure-holder' and 'raiyats"

S.6 Status of bazyaftidars and sub-proprietors

S.7 Tenure in a permanently settled area held since permanent settlement liable to enhancement only in certain cases

S.8 Limits of enhancement of rent of tenures

S.9 Power to order gradual enhancement

S.10 Rent once enhanced may not be altered for fifteen years

S.11 Permanent tenure-holder not liable to ejectment

S.12 Transfer and transmission of permanent tenure

S.13 Saving as to resumable and non-transferable tenures

S.14 Transfer of tenure by succession

S.15 Right of certain tenure-holders to transfer without consent of landlord

S.16 Transfer in other cases

S.17 Right of suit in Civil Court regarding transferability

S.18 Effect of transfer of portion of a tenure

S.19 Fee on application under Sections 14, 15 or 16

S.20 Return of landlord's fee

S.21 Incidents of holding at fixed rates

S.22 Continuance of existing occupancy-rights

S.23 Definition of 'Settled raiyat'

S.24 Settled raiyats to have occupancy right

S.25 Acquisition of occupancy rights in an area not included in a village

S.26 Effect of acquisition of occupancy right by landlord

S.27 Rights of raiyat in respect of use of land

S.27(a) Specific rights of an occupancy raiyat

S.28 Obligation of raiyat to pay rent

S.29 Protection from eviction except on specified grounds

S.30 Devolution of occupancy right on a raiyat

S.30(a) Transfer of occupancy holding

S.31 Manner of transfer and notice to landlord

S.31(a) Distribution of rent on transfer of portion of occupancy holding

S.31(b) Payment of fees for transfer of occupancy holding made before the commencement of the Orissa Tenancy (Amendment) Act, 1938

S.32 Presumption as to fair and equitable rent

S.33 Restriction on enhancement of money rents

S.34 Enhancement of rent by contract

S.35 Enhancement of rent by suit

S.36 Rules as to enhancement on grounds of prevailing rate

S.37 What may be taken in certain districts to be the 'prevailing rate'

S.38 Limit to enhancement of prevailing rate

S.39 Rules as to enhancement on ground of rise in prices

S.40 Rules as to enhancement on ground of landlord's improvement

S.41 Rules as to enhancement on ground of increase in productive powers due to fluvial action

S.42 Enhancement by suit to be fair and equitable

S.43 Power to order progressive enhancement

S.44 Limitation of right to bring successive enhancement suits

S.45 Reduction of rent

S.46 Price-lists of staple food-crops

S.47 Commutation of rent payable in kind

S.48 Period for which commuted rents are to remain unaltered

S.49 Application of Chapter

S.50 Initial rent of non-occupancy raiyat

S.51 Conditions of enhancement of rents

S.52 Grounds on which non-occupancy raiyat may be ejected

S.53 Conditions of ejectment on ground of refusal to agree to enhancement

S.54 Explanation of 'admitted to occupation'

S.55 Bar to acquisition of right of occupancy in and to application of Chapter VI to, proprietor's private lands and certain other lands

S.56 Limit of rent recoverable from under-raiyats

S.57 Restriction on ejectment of under-raiyats

S.58 Rules and presumptions as to fixity of rent

S.59 Presumption as to amount of rent and conditions of holding

S.60 Alteration of rent in respect of alteration in area

S.61 Reclamation of waste land

S.62 Installment of rent

S.63 Time and place for payment of rent

S.64 Appropriation of payments

S.65 Tenant making payment to his landlord entitled to a receipt

S.66 Tenant entitled to full discharge of statement of account at close of year

S.67 Penalties and fine for withholding receipts and statements of account and failing to keep counterparts

S.68 State Government to prepare forms of receipt and account

S.69 Effect of receipt by registered proprietor, manager, mortgagee, sub-proprietor or tenure-holder

S.70 Application to deposit rent in Court

S.71 Receipt granted by Court for rent deposited to be a valid acquaintance

S.72 Notification of receipt of deposit

S.73 Payment or refund of deposit

S.74 Liability to sale for arrears in case of permanent tenure-holder, bazyaftidar, raiyat holding at fixed rate, chandnadar or occupancy raiyat

S.75 Ejectment for arrears in other cases

S.76 Interest on arrears of money-rent

S.77 Power to award damages on rent withheld without reasonable cause, or to defendant improperly sued for rent

S.78 Reconvey of produce rent

S.79 Order for appraising or dividing produce

S.80 Procedure where officer appointed

S.81 Rights and liabilities as to possession of crop

S.82 Tenant not liable to transferee of landlord's interest for rent paid to former landlord, without notice of the transfer

S.83 Liability for arrears of rent on transfer

S.84 Illegal exactions

S.85 Penalty

S.86 Definition of "improvement"

S.87 Right to make improvements in case of holding at fixed rates or occupancy holding

S.88 Collector to decide question as to right to make improvement, etc.

S.89 Right to make improvements in case of non-occupancy holding

S.90 Registration of landlord's improvements

S.91 Application to record evidence as to improvement

S.92 Compensation for raiyat's improvements

S.93 Principles on which compensation is to be estimated

S.94 Acquisition of land for building and other purposes

S.95 Power of Collector to acquire land for communal purposes

S.96 .

S.97 Surrender

S.98 Abandonment

S.99 Division of tenancy not binding on landlord without his consent

S.100 No ejectment except in execution of decree

S.101 Landlord's right to measure land

S.102 Power of Court to order tenant to attend and point out boundaries

S.103 Standard of measurement

S.104 Power to call upon co-owners to a show cause why they should not appoint a common manager

S.105 Power to order them to appoint a manager if cause is not shown

S.106 Power to appoint manager if order is not obeyed

S.107 Power to nominate person to act in all cases under Clause (b) of last section

S.108 Application of the Court of Wards Act, 1879 to management by Court of Wards

S.109 Provisions applicable to manager and co-owners

S.110 Power to restore management to co-owners

S.111 Power to make rules

S.112 Power to order survey and preparation of record-of-rights

S.113 Particulars to be recorded

S.114 Power to order survey and preparation of record-of-rights as to water

S.115 Power for Revenue Officer to record particulars on application of proprietor, tenure-holder or of large proportion of raiyats

S.116 Preliminary publication, amendment, and final publication of record-of-rights

S.117 Presumption as to final publication and correctness of record-of-rights

S.118 Settlement of rents and preparation of Settlement Rent Roll when to be undertaken by Revenue Officer

S.119 Procedure for settlement of rent and preparation of Settlement Rent Roll under this Part

S.120 Contents of Table of Rates

S.121 Application of Table of Rates

S.122 Rules and principles to be followed in framing Table of Rates, and settling rents in accordance therewith

S.123 Preliminary publication and amendment of Settlement Rent Roll

S.124 Final revision of Settlement Rent Roll and incorporation of the same in the record-of-rights

S.125 Appeal to, and revision by, superior revenue authorities

S.126 Jurisdiction of Civil Courts in matters relating to rent

S.127 Presumptions as to rents settled under Sections 119 to 125

S.128 Settlement of rent by Revenue Officer in cases where a settlement of land revenue is not being or is not about to be made

S.129 Decision of questions arising during the course of settlement of rents under this part

S.130 Institution of suit before a Revenue Officer

S.131 Procedure to be adopted by Revenue Officer

S.132 Revision by Revenue Officer

S.133 Correction by Revenue Officer of mistakes in record-of-rights

S.134 Bar to jurisdiction of Civil Courts

S.135 Appeals from decisions of Revenue Officers

S.136 Power of Revenue Officer to give effect to agreement or compromise

S.137 Power of Revenue Officer to settle rents on agreement

S.138 Note of decisions in record

S.139 Date from which settled rent takes effect

S.140 Stay of proceedings during preparation of record-of-rights

S.141 Limitation of jurisdiction of Civil Courts in matters, other than rent, relating to record-of-rights

S.142 Stay of suits in which certain issues arise

S.143 Power to authorise special settlement in special cases

S.144 Period for which rents as settled are to remain unaltered

S.145 Expenses of proceedings under this Chapter

S.146 Presumption as to fixity of rent not to apply where record-of-rights has been prepared

S.147 Demarcation of village boundaries

S.148 Validation of publication of certain past records

S.149 Effect of settlements of rent and decisions by Revenue Officers made before the 5th November, 1898

S.150 Effect of settlements of rent and decisions by Revenue Officers made before the 5th November, 1898

S.151 Power of Revenue Officer to record private land on application of proprietor or tenant

S.152 Procedure for recording private land

S.153 General rules for determination of proprietors' private lands

S.154 Special rules for determination of proprietor's private lands in temporarily-settled estates

S.155 Cases in which distraint may be made

S.156 Service of demand and notice

S.157 Right to distrain after delivering a list of property to owner

S.158 Right to reap, etc., produce

S.159 Assistance of police officer in making distraint

S.160 Application to public officer for sale

S.161 Procedure on receipt of such application

S.162 Suspension of sale when suit instituted

S.163 Withdrawal of distraint when security given for the payment of any sum that may be decreed

S.164 Sale when to be made

S.165 Place of sale

S.166 When produce may be sold standing

S.167 Manner of sale

S.168 Postponement of sale

S.169 Payment of purchase money

S.170 Certificate to be given to purchaser

S.171 Application of proceeds of sale

S.172 Certain persons may not purchase

S.173 Procedure where demand is paid before the sale

S.174 Amount paid by under-tenant for his lessor may be deducted from rent

S.175 Conflict between rights of superior and inferior landlords

S.176 Report of irregularities

S.177 Postponement of sale where due notice not given

S.178 Charge to be made for expenses when no sale takes place

S.179 Charge for expenses by whom to be paid

S.180 Control by Collector

S.181 Procedure in suit to contest demand of distrainer

S.182 Sale of distrainer property in execution of decree

S.183 Further proceedings in execution of decree

S.184 Procedure where Collector considers distraint vexatious or groundless

S.185 Suit by person claiming property distrained for rent due by another

S.186 Right of distraint to prevail over other claims

S.187 Procedure if distrainer's right to distrain be disputed

S.188 Suit for damages by person prevented from suing in time to save his property from sale

S.189 Suit for damages for wrongful acts of authorised distrainer

S.190 Suit for damages for distraint by unauthorised person

S.191 Power to make rules

S.192 Power to modify Code of Civil Procedure in its application to landlord and tenant suits

S.193 Certain suits and applications cognizable only by the Collector

S.194 Special register of suits

S.195 Successive rent suits

S.196 Agreements and compromises

S.197 Regard to be had by Courts to entries in record-of-rights and land records

S.198 Procedure in rent suits

S.199 Suit by co-sharer landlord for arrears of rent

S.200 Payment into Court of rent admitted to be due to third person

S.201 Payment into Court of rent admitted to be due to landlord

S.202 Provisions as to payment of portion of money

S.203 Court to grant receipt

S.204 Appeals

S.205 Deposit on application to set aside ex parte decree, or for review of judgment

S.206 Date from which decree for enhancement takes effect

S.207 Relief against forfeitures

S.208 Rights of ejected raiyats in respect of crops and land prepared for sowing

S.209 Power for Court to fix fair rent as alternative to ejectment

S.210 Application to determine incidents of tenancy

S.211 Recovery of arrears of rent under the certificate procedure in certain areas

S.212 Passing of tenure or holding sold in execution of decree

S.213 General powers of purchaser as to avoidance of encumbrances

S.214 Protected interests

S.215 Meaning of 'encumbrance' and 'registered and notified encumbrance'

S.216 Application for sale of tenure or holding

S.217 Order of attachment and proclamation of sale to be issued simultaneously

S.218 Sale of tenure or holdings subject to registered and notified encumbrances and effect thereof

S.219 Sale of tenure or holding with power to avoid all encumbrances, and effect thereof

S.220 Sale of occupancy holding with power to avoid all encumbrances and effect thereof

S.221 Procedure for annulling encumbrances under the foregoing Sections

S.222 Power to direct that occupancy holdings be dealt with under foregoing Sections as tenures

S.223 Rules for disposal of the sale proceeds

S.224 Tenure or holding to be released from attachment only on payment into Court of amount of decree, with costs, or on confession of satisfaction by decree holder

S.225 Amount paid into Court to prevent sale to be, in certain cases a mortgage debt on the tenure or holding

S.226 Inferior tenant paying into Court may deduct from rent

S.227 Decree holder may bid at sale : judgment debtor may not

S.228 Application by judgment-debtor to set aside sale

S.228(a) Sale when to become absolute or be set aside and return of purchase money in certain cases

S.229 Registration of certain instruments creating encumbrance

S.230 Notifications of encumbrances to landlord

S.231 Power to create encumbrances extended

S.232 Restrictions on exclusion of Act by agreement

S.233 Permanent mukarrari leases

S.234 Utbandi, char and daira lands

S.235 Saving as to service-tenures

S.236 Homesteads

S.237 Saving of custom

S.238 Limitation in suits, appeals and applications in Schedule III

S.239 Portions of the Indian Limitation Act not applicable to such suits, etc.

S.240 Penalties

S.241 Damages for denial of landlord's title

S.242 Power of landlord to act through agent

S.243 Joint landlords to act collectively or by common agent

S.244 Procedure in suits by joint landlord

S.245 Power to make Rules regarding procedure, powers of officers and service of notices

S.246 Publication of Rules in draft

S.247 Saving as to tenancies held in estate which have never been permanently settled

S.248 Power to alter rent in case of new assessment of land revenue

S.249 Remission and suspension of rent

S.250 Recovery of certain dues

S.251 Tenant not enabled by Act to violate conditions binding on landlord

S.252 Savings for special enactments

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