BIHAR TENANCY ACT, 1885

Act No. 8 of 1885

14th March, 1885

An Act to amend and consolidate certain enactments relating to the Law of Landlord and Tenant within the territories under the administration of the Lieutenant-Governor of Bengal.

Read full Act

S.1 Short title

(1) This Act may be called the Bihar Tenancy Act, 1885.

(2) Commencement.-- It shall come into force on such date (hereinafter called the commencement of this Act) as the State Government with the previous sanction of the Central Government may, by notification in the Official Gazette, appoint in this behalf.

(3) Local extent.-- It shall extend to the whole of the State of Bihar except--

• (a) the areas comprised within the districts of North Chotanagpur Division, South Chotanagpur Division Palanau Division and Santhal Parganas Division; and
• (b) any area constituted or deemed to have been constituted a Municipality under the Bihar and Orissa Municipal Act, 1922 (B. & O. Act 7 of 1922) or part thereof or which is under a cantonment if such area is specified in a notification issued in this behalf by the State Government

S.2 Repeal

The enactments specified in Schedule I hereto annexed are repealed in the districts to which this Act extends.

(2) Any enactment or document referring to any enactment hereby repealed shall be construed to refer to this Act or to the corresponding portion hereof.

The repeal of any enactment by this Act shall not revive any right, privilege, matter or thing not in force or existing at the commencement of this Act.

S.3 Definitions

In this Act, unless there is something repugnant in the subject or context--

• (1) "Estate" means land included under one entry in any of the general registers of revenue-paying and revenue-free lands, prepared and maintained under the law for the time being in force by the Collector of a district, and includes Government khas mahals and revenue-free lands not entered in any register;
• (2) "Proprietor" means a person owning whether in trust or for his own benefit, an estate or part of an estate;
• (3) "Tenant" means a person who holds land under another person, and is, or but for a special contract would be liable to pay rent for that land to that person;
• (4) "Landlord" means a person immediately under whom a tenant holds, and includes the Government.
• (5) "Rent" means whatever is lawfully payable or deliverable in money or kind by a tenant to his landlord on account of the use or occupation of the land held by the tenant: in sections 53 t
  

S.4 Classes of tenants

There shall be, for the purpose of this Act, the following classes of tenants, (namely):--

• (1) tenure-holders, including under tenure-holder,
• (2) raiyats, and
• (3) under-raiyats, that is to say, tenants holding, whether immediately or mediately, under-raiyats;

and the following classes of raiyats (namely):--

• (a) raiyats holding at fixed rates, which expression means raiyats holding either at a rent fixed in perpetuity or at a rate of rent in fixed perpetuity,
• (b) occupancy-raiyats, that is to say raiyats having a right of occupancy in the land held by them, and
• (c) non-occupancy-raiyats, that is to say, raiyats not having such a right of occupancy.

S.5 Meaning of 'tenure-holder' and raiyat

(1) "Tenure-holder" means primarily a person who has acquired from a proprietor or from another tenureholder a right to hold for the purpose of collecting rents or bringing it under cultivation by establishing tenants on it, and includes also the successors in interest of persons who have acquired such a right.

(2) "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 also the successors in interest of persons who have acquired such a right.

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 purpose of gathering the produce of it or of grazing cattle on it.

(3) A person shall not be deemed to be a raiyat unless he holds land either immediately under a propr

S.6 Tenure held since Permanent Settlement liable to enhancement only in certain cases

Where a tenure has been held from the time of the Permanent Settlement, its rent shall not be liable to enhancement except on proof--

• (a) that the landlord under whom it is held is entitled to enhance the rent thereof either by local custom or by the conditions under which the tenure is held, or
• (b) that the tenure-holder, by receiving reduction of his rent, otherwise than on account of a diminution of the area of the tenure, has subjected himself to the payment of the increase demanded, and that lands are capable of affording it.

S.7 Limits of enhancement of rent of tenures

(1) Where the rent of a tenure holder is liable to enhancement, it may, subject to any contract between the parties be enhanced up to the limit of the customary rate payable by persons holding similar tenures in the vicinity.

(2) Where no such customary rate exists, it may, subject as aforesaid, be enhanced up to such limit as the Court thinks fair and equitable.

(3) In determining what is fair and equitable, the Court shall not leave to the tenure-holder as profit less than 10 per centum of the balance which remains after deducting from the gross rents payable to him the expenses of collecting them and shall have regard to--

• (a) the circumstances under which the tenure was created, for instance, whether the land comprised in the tenure, or a great portion of it, was first brought under cultivation by the agency or at the expense of the tenure-holder or his predecessors in interest, whether any fine or premium was paid on the creation of the tenure, and w
  

S.8 Power to order gradual enhancement

The Court may, if it thinks that an immediate increase of rent would produce hardship, 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 unitl the limit of the enhancement allowed has been reached.

S.9 Rent once enhanced may not be altered for fifteen years

When the rent of a tenure-holder has been enhanced by the Court or by contract, it shall not be again enhanced by the Court during the fifteen years next following the date on which it has been so enhanced.

S.10 Permanent tenure-holder not liable to ejectment

A holder of permanent tenure shall not be ejected by his landlord except on the ground that he has broken a condition on breach of which he is, under the terms of a contract between him and his landlord, liable to be ejected:

Provided that where the contract is made after the commencement of this Act, the condition is consistent with the provisions of this Act.

S.11 Transfer and transmission of permanent tenure

Every permanent tenure shall, subject to the provisions of this Act, be capable of being transferred and bequeathed in the same manner and to the same extent as other immovable property.

S.12 Voluntary transfer of permanent tenure

(1) A transfer of a permanent tenure by sale, gift, exchange or mortgage (other than a transfer by a sale in execution of a decree or by summary sale under any law relating to patni or other tenures) can be made only by a registered instrument.

(2) A registering officer shall not register any instrument purporting or operating to transfer by sale, gift, exchange or usufructuary mortgage a permanent tenure unless there is paid to him in addition to any fee payable under the law for the time being in force for the registration of documents, a process-fee of the prescribed amount and a fee (hereinafter called the landlord's registration fee) together with the costs necessary for the transmission of the landlord's registration fee to the landlord.

(3) The landlord's registration fee shall be,--

• (a) (i) in the case of a transfer by sale, gift, usufructuary mortgage and exchange, registration fee payable by the land lord may be fixed and notified by State Gover
  

S.13 Transfer of permanent tenure by sale in execution of decree other than decree for rent

(1) When a permanent tenure is sold in execution of a decree other than a decree for arrears of rent due in respect thereof, or when a mortgage of a permanent tenure, other than an usufructuary mortgage thereof, is foreclosed, the Court shall before confirming the sale under rule 92 of Order XXI of the Code of Civil Procedure. 1908 (5 of 1908) or making a decree or order absolute for the foreclosure, require the purchaser or mortgagee to pay into Court the landlord's registration fee prescribed by the last foregoing section together with the costs necessary for its transmission to the landlord and such further fee for service of notice of the sale of final foreclosure on the landlord as may be prescribed.

(2) When the sale has been confirmed, or the decree or order absolute for the foreclosure has been made, the Court shall send to the Collector the landlord's registration fee, the costs necessary for the transmission of the same and a notice of the same or final foreclosure

S.14 Transfer of permanent tenure by sale in execution of decree for rent

Rep. by the Bengal Tenancy (Amendment) Act, 1907 (Ben Act 1 of 1907).

S.15 Succession to a permanent tenure

When a succession to a permanent tenure takes place, the person succeeding shall within one year from the date of such succession give notice of the succession to the Collector in the prescribed form and shall pay to the Collector the prescribed fee for the service of the notice on the landlord and the landlord's registration fee prescribed by sub-section (3)(a) of section 12, together with the costs necessary for its transmission to the landlord and the Collector shall cause the landlord's registration fee So be transmitted to, and the notice to be served, on the landlord named in the notice in the prescribed manner.

S.15A Penalty for failure to give notice of succession

(1) If the person succeeding to a permanent tenure fails to give notice of such succession within the period specified in section 15 and to pay the fees and cost required by the said section to be paid, the Collector may, on the application of the landlord of the tenure, impose on such person a penalty not exceeding twenty-five rupees.

(2) The Collector may award any portion of such penalty to the landlord of the tenure as costs of the application.

S.16 Bar to recovery of rent, pending notice of succession

A person becoming entitled to a permanent tenure by succession shall not be entitled to recovery by suit, distraint or other proceeding any rent, payable to him as the holder of the tenure, until the Collector has received the notice, fees and costs referred to in the last foregoing section.

S.17 Transfer of, and succession to, share in permanent tenure

Subject to the provisions of section 88A, the foregoing sections shall apply to the transfer of, or succession to, a share in a permanent tenure.

S.Chapter I RAIYATS HOLDING AT FIXED RATES

S.18

A raiyat holding at a rent, or rate of rent, fixed in perpetuity--

• (a) shall be subject to the same provisions with respect to the transfer of, and succession to, his holding as the holder of, a permanent tenure, and
• (b) shall not be ejected by his landlord, except on the ground that he has broken a condition consistent with this Act, and on breach of which he is, under the terms of a contract between him and his landlord, liable to be ejected.

S.18A Saving as to statements in instruments of transfer where landlord is not a party

Nothing contained in any instrument of transfer to which the landlord is not a party shall be evidence against the landlord of the permanence, amount or fixity of rent, area, transferability or any incident of any tenure or holding referred to in such instrument.

S.18B Saving as to acceptance of landlord's fees

The acceptance by a landlord of any landlord's registration fee payable under Chapter III, Chapter IV or Chapter V in respect of any tenure or holding shall not operate--

• (a) as an admission as to the permanence, amount or fixity of rent, area, transferability or any incident of such tenure or holding.
• (b) [X X X X].

S.18C Forfeiture of unclaimed landlord's fees

All landlord's registration fee paid under Chapter III, Chapter IV or Chapter V which are held in deposit on or after the commencement of the Bengal Tenancy (Amendment) Act, 1907 (Ben. Act 1 of 1907) may, unless accepted or claimed by the landlord within three years from such commencement or from the date of the service of the notice prescribed in section 12, section 13 or section 15 (as the case may be), whichever is later, be forfeited to the Government.

S.19 Continuance of existing occupancy rights

(1) Every raiyat who, immediately before the commencement of this Act or the Bengal Tenancy (Amendment) Act, 1907 (Ben. Act 1 of 1907) has by the operation of any enactment, by customs, or otherwise, a right of occupancy in any land, shall when this Act or the Bengal Tenancy (Amendment) Act, 1907 (Ben. Act 1 of 1907) comes into force, have a right of occupancy in that land.

(2) The exclusion from the operation of this Act, by a notification under sub-section (3) of section 1, of any area constituted or deemed to have been constituted a municipality under the provisions of the Bihar and Orissa Municipal Act, 1922 B. and O. Act 7 of 1922) or of any part of such area shall not affect any right, obligation or liability previously acquired, incurred or accrued in reference to such area.

S.20 Definition of settled raiyats

(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 raiyati 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 he deemed, for the purposes of this section, to have been held as a raiyat by each such co-sharer.

(5) A person shall continue to be a settled raiyat of a village as long as he holds any land as a raiyat in that village and for one y

S.21 Settled raiyat to have occupancy rights

(1) Every person who is a settled raiyat of a village within the meaning of the last foregoing section shall have a right of occupancy in all land for the time being held by him as a raiyat in that village.

(2) Every person who, being a settled raiyat of a village within the meaning of the last foregoing section, held land as a raiyat in that village ait any time between the second day of March, 1983, and the commencement of this Act shall be deemed to have acquired a right of occupancy in that land under the law then in force; but nothing in this sub-section shall affect any decree or order passed by a Court before the commencement of this Act.

S.21A Settlement of bakasht lands

(1) Every person, irrespective of whether he is a settled raiyat of a village or not, shall have a right of occupancy in all land for the time being held by him as a raiyat in that village:

Provided that no person who is not a settled raiyat of a village shall have any such right of occupancy in any bakasht land settled with him by a proprietor or tenure holder whose total acreage of such land in his possession at the date of settlement does not exceed forty acres unless such settlement has been made by a registered instrument:

Provided further that in the case of the said proprietor or tenure-holder, the provisions of this section shall have no effect until after the expiration of six months from the date of the commencement of the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of 1947).

(2) In settling his bakasht land, the proprietor or tenure holder, as the case may be--

• (a) shall be bound to give preference to a person resident in the villa
  

S.22 Effect of acquisition of occupancy right by landlord

(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 have no right to hold the land as a tenant, but shall hold it as a proprietor or permanent tenure-holder (as the case may be) 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 he shall be entitled to hold the land subject to the payment to his co-proprietors or joint permanent tenure-holders of the shares of the rent which may be from time to time payable to them; and if such transferee sub-lets the land to a third person, such third person shall be deemed to be a tenure-holder or a raiyat, as the case may be in, respect of the land.

(3) A p

S.23 Right of raiyat in respect of use of land

(1) When a raiyat has a right of occupancy in respect of any land, he may use the land in any manner which does not materially impair the value of the land or render it unfit for the purposes of the tenancy [except as provided in sub-section (4)].

(2) The following shall not be deemed to impair the value of the land materially or to render it unfit for the purpose of the tenancy, namely:--

• (a) the manufacture of bricks and tiles for the domestic or agriculture purposes of the raiyat and his family or for any educational or charitable purpose;
• (b) the excavation of tanks or the digging of wells intended to provide a supply of water for drinking or other domestic purposes of the raiyat and his family or to any religious or charitable institution; and
• (c) the erection of buildings for the domestic or agricultural purposes of the raiyat and his family or for any educational or charitable purpose.

(3) If an occupancy raiyat, who pays f

S.23A Right of occupancy raiyat in trees

Notwithstanding anything contained in section 23, when a raiyat has a right of occupancy in respect of any and--

• (a) if the rent of such land is paid in cash, or if such land is rent-free holding or 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 trees or bamboos standing on such land; (iii) appropriate the flowers, fruits and other products of any trees or bamboos standing on such land; Provided that if there is any specific entry in the latest record-of-right regarding any tree or bamboos which was standing on any such land before the date of the final publication of such record-of-right to the effect that any right in such tree or bamboo belongs to any person, other than the tenure-holder of such land, the right of the raiyat in such tree or bamboo specified in sub-clauses (ii) and (iii) shall be exercised in accordance with, and subject to, any such e
  

S.24 Obligation of raiyat to pay rent

An occupancy raiyat shall pay rent for his holding at fair and equitable rates.

S.25 Protection from eviction except on specified grounds

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 renders it unfit for the purpose of the tenancy, or
• (b) that he has broken a condition consistent with the provisions of this Act, and on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected.

S.25A Division of holding by partition and distribution of rent thereon

(1) When an occupancy holding has been the subject of partition by an order of a Court or 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 make an application to the Collector for the distribution of the rent, of the holding.

(2) When an occupancy holding has been the subject of a partition by an order of a Court or otherwise, if the parties to the partition are unable to distribute the rent of the holding by agreement, any of them may apply to the Collector to distribute the rent of the holding.

(3) (a) On receipt of an application under the proviso to clause (b) of sub-section (1) or under sub-section (2), th

S.26 Devolution or occupancy right on death

If a raiyat dies intestate in respect of a right of occupancy, it shall, subject to any 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 Government his right of occupancy shall be extinguished.

S.26A Transfer and bequest of occupancy-holdings or portions thereof

(1) Every occupancy-holding or a portion thereof, together with the right of occupancy therein, shall be capable of being transferred and bequeathed in the same manner and to the same extent as other immovable property, and all transfers made by sale, exchange or gift and all bequests shall, subject to the provisions of sub-section (2), be binding on the landlord.

(2) Every transfer of an occupancy-holding or a portion thereof together with the right of occupancy therein, by sale, exchange or gift and every bequest of such holding or portion, together with the right of occupancy therein, shall be made in the same manner and subject to the same conditions as a permanent tenure in respect of registration and the payment of landlord's registration fee.

S.26B Notice of transfers made before the commencement of the Bihar Tenancy (Amendment) Act, 1938

If a person who became entitled to an occupancy-holding or a portion thereof by transfer at any time before the date of the commencement of the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938), has not given to the landlord notice of the transfer nor paid the landlord's transfer fee payable under the law in force immediately before the date of the commencement of the said Act, he may at any time after the said date give notice of the transfer to the Collector in the prescribed form, and pay to the Collector the prescribed fee for the service of the notice on the landlord and the landlord's registration fee prescribed by section 12 as if such holding or portion were a permanent tenure or a portion of a permanent tenure together with the costs necessary for its transmission to the landlord, and the Collector shall cause the notice to he served on, and the landlord's registration fee to be transmitted to the landlord named in the notice in the prescribed manner and such tran

S.26C Compulsory registration of certain transfers

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).

S.26D Landlord's transfer fee

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).

S.26E Payment of landlord's transfer fee to the landlord or its deposit with the Collector

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).

S.26F Effect of payment of landlord's transfer fee to landlord--landlord's consent

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).

S.26G Collector to serve notice on landlord

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).

S.26H Application for payment of landlord

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).

S.26I Procedure to be followed by the Collector when no application received, or when the only applicant is the landlord in whose favour the sum was deposited

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938.)

S.26J Hearing of application

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).

S.26K Disposal of undelivered sums

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).

S.26M Sale of occupancy-holding in execution of decree of certificate

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).

S.26N Landlord's consent deemed to have been given to transfer of occupancy-holding made before 1st January, 1923

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).

S.26O Transfers of occupancy-holding made after 1st January 1923 and before date of commencement of Bihar Tenancy (Amendment) Act, 1934--transferee may pay the landlord's transfer fee to landlord or deposit it with Collector. Amount of landlord's transfer fee.

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).

S.26P Sums recoverable as public demands.

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).

S.27 Presumption as to fair and equitable rent

The rent for the time being-payable by an occupancy raiyat shall be presumed to be fair and enquitable until the contrary is proved.

S.28 Restriction on enhancement of money-rents

Where occupancy-raiyat pays his rent in money, his rent shall not be enhanced except as provided by this Act.

S.29 Enhancement of rent by contract

The money rent of an occupancy-raiyat may be enhanced by contract, subject to the following conditions:--

• (a) the contract must be in writing and registered:--
• (b) the rent must not be enhanced so as to exceed by more than two annas in the rupee the rent previously payable by the raiyat;
• (c) the rent fixed by the contract shall not be liable to enhancement during a term of fifteen years from the date of the contract:--

Provided as follows:-- (ii) Nothing in clause (b) shall apply to a contract by which a raiyat binds himself to pay an enhanced rent in consideration of an improvement which has been or is to be effected in respect of the holding by, or at the expense of, his landlord, and to the benefit of which the raiyat is not otherwise entitled; but an enhanced rent fixed by such a contract shall be payable only when the improvement has been effected, and, except when the raiyat is chargeable with default in respect of the improvement,

S.30 Enhancement of rent by suit

The landlord of a holding held at a money-rent by an occupancy-raiyat may, subject to the provisions of this Act, institute a suit to enhance the rent on one or more of the following grounds (namely):--

• (a) [x x x x x]
• (b) that there has been a rise in the average local prices of staple foodcrops during the currency of the present rent;
• (c) that the productive powers of the land held by the raiyat have been increased by an improvement effected by, or at the expense of, the landlord during the currency of the present rent;
• (d) that the productive powers of the land held by the raiyat have been increased by fluvial action.

Explanation.--"Fluvial action" includes a change in the course of a river rendering irrigation from the river practicable when it was not previously practicable.

S.31 Rules as to enhancement on ground of prevailing rate

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of 1947).

S.31A What may be taken in certain districts to be "prevailing rate"

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of 1947).

S.31B Limit to enhancement of prevailing rate

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of 1947).

S.32 Rules as to enhancement on ground of rise in prices

Where an enhancement is claimed on the ground of a rise in prices.--

• (a) the Court shall compare the average prices during the decennial period immediately preceding the institution of the suit with the average prices during such other decennial period as it may appear equitable and practicable to take for comparison;
• (b) the enhanced rent shall bear to the previous rent the same proportion as the average prices during the last decennial period bear to the average prices during the previous decennial period taken for purposes of comparison: provided that, in calculating this proportion, the average prices during the later period shall be reduced by one third of their excess over the average prices during the earlier period;
• (c) if in the opinion of the Court it is not practicable to take the decennial periods prescribed in clause (a), the Court may, in its discretion, substitute any shorter periods therefor.

S.33 Rules as to enhancement on ground of landlord's improvement

(1) Where an enhancement is claimed on the ground of a landlord's improvement--

• (a) the Court shall not grant an enhancement unless the improvement has been registered in accordance with this Act;
• (b) in determining the amount of enhancement the court shall have regard to-- (i) the increase in the productive powers of the land caused or likely to be caused by the improvement; (ii) the cost of the improvement; (iii) the cost of the cultivation required for utilizing the improvement; and (iv) the existing rent and the ability of the land to bear a higher rent.

(2) A decree under this section shall on the application of the tenant or his successor in interest, be subject to reconsideration in the event of the improvement not producing or ceasing to produce the estimated effect.

S.34 Rules to enhancement on ground of increase in powers due to fluvial action

Where an enhancement is claimed on the ground of an increase in productive powers due to fluvial action--

• (a) the Court shall not take into account any increase which is merely temporary or casual;
• (b) the Court may enhance the rent to such an amount as it may deem fair and equitable but not so as to give landlord more than one-half of the value of the net increase in the produce of the land.

S.35 Enhancement by suit to be fair and equitable

Notwithstanding anything in the foregoing section, the Court shall not in any case decree any enhancement which is under the circumstances of the case unfair or inequitable.

S.36 Power to order progressive enhancement

If the Court passing a decree for enhancement considers that the immediate enforcement of the decree in its full extent will be attended with hardship to the raiyat, it may direct that the enhancement shall be gradual; that is to say that the rent shall increase yearly by decrees for any number of years not exceeding five until the limit of the enhancement decreed has been reached.

S.37 Limitation of right to bring successive enhancement suits

(1) A suit instituted for the enhancement of the rent of a holding on the ground of a rise in prices, shall not be entertained if within the fifteen years next preceding its institution the rent of the holding has been enhanced by a contract made after the second day of March 1883 or if within the said period of fifteen years the rent has been commuted under section 40 or a decree has been passed under this Act or any enactment repealed by this Act enhancing the rent on the ground aforesaid or on any ground corresponding thereto or dismissing the suit on the merits.

(2) Nothing in this section shall affect the provisions of section 372 of the Code of Civil Procedure (14 of 1882).

S.38 Reduction of rent

Rep by the Bihar Tenancy (Amendment) Act, 1937 (Bihar Act 8 of 1937).

S.39 Price-lists of staple food-crops

(1) The Collector of every district shall prepare, monthly, or at shorter intervals, periodical lists of the market prices of staple food-crops-grown in such local areas as the State Government may from time to time direct, and shall submit them to the Board of Revenue for approval or revision.

(2) The Collector may, if so directed by the State Government prepare for any local area like price-lists relating to such past times as the State Government thinks fit, and shall submit the lists so prepared to the Board of Revenue for approval or revision.

(3) The Collector shall, one month before submitting a price-list to the Board of Revenue under this section, publish it in the prescribed manner within the local area to which it relates, and if any landlord or tenant of land within the local area, within the said period of one month, presents to him in writing any objection to the lists, he shall submit the same to the Board of Revenue with the list.

(4) The price-

S.40 Commutation of rent payable in kind

(1) Where an occupancy raiyat pays for his holding rent in kind or rent at rates varying with the crop or partly in one of those ways and partly in other, or partly in the one or those ways and partly in cash, either the raiyat or his landlord may apply to have the rent commuted to money rent.

(2) The application may be made to the Collector or Subdivisional Officer, or to a Revenue officer appointed by the State Government under the designation of Settlement Officer or Assistant Settlement Officer for the purpose specially authorised in this behalf by the Board of Revenue.

(3) (a) If the landlord has applied under sub-section (1) and the raiyat object of the commutation of his rent to money rent, the officer shall examine the ground for the application and the objections thereto, and may accept or refuse the application as he thinks fit: Provided that if he refuses the application he shall record in writing his reasons for the refusal. (b) If an application of the la

S.40A Period for which commuted rents are to remain unaltered

(1) Where the rent of a holding has been commuted under section 40, it shall not except on the ground of a landlord's improvement or of a subsequent alteration of an area of the holding, be enhanced for fifteen years; nor shall it be reduced for fifteen years, save on the ground of alteration in the area of the holding or under clause (c) or (e) of sub-section (i) of section 112A.

(2) The said period of fifteen years shall be counted from the date on which the order takes effect under sub-section (5) of section 40.

S.40B Right to apply for commutation in respect of trees and procedure on receipt of such application

(1) Where a raiyat has a right of occupancy in any land and the raiyat and the landlord have shares in the timber and in the flowers, fruits or other products of all trees or bamboos growing on such land in accordance with the provisions of clause (b) of section 23A, either the raiyat or his landlord may apply to the Collector to have the rent of such trees or bamboos commuted to money-rent.

(2) If an application is made under sub-section (I), the Collector shall deal with such application as if it were an application under section 40, and may pass such order thereon as he could have passed if it were an application under the said section.

(3) Notwithstanding anything contained in any law, if an order under sub-section (2) commuting the rent of any tree or bamboo into money rent is passed the landlord shall not be entitled to any share in the timber of such tree or bamboo and the raiyat shall be entitled to cut down and appropriate any such tree or bamboo without the

S.41 Application of Chapter

This Chapter shall apply to raiyat not having a right of occupancy, who are in this Act referred to as non-occupancy-raiyats.

S.42 Intail rent of non-occupancy-raiyat

When a non-occupancy-raiyat is admitted to the occupation of land, he shall become liable to pay such rent as may be agreed on between himself and his landlord at the time of his admission.

S.43 Conditions of enhancement of rent

The rent of a non-occupancy-raiyat not to be enhanced except by registered agreement or by agreement under section 46: Provided that nothing in this section shall prevent a landlord from recovering rent at the rate at which it has been actually paid for a continuous period of not less than three years immediately preceding the period for which the rent is claimed.

S.44 Grounds on which non-occupancy-raiyat may be ejected

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;
• (b) on the ground that he has used the land in a manner which renders it unfit for the purposes of the tenancy, or that he has broken a condition consistent with this Act and on breach of which he, is under the terms of a contract between himself and his landlord liable to be ejected;
• (c) where he has been admitted to occupation of the land under a registered lease, on the ground that the term of the lease has expired;
• (d) on the ground that he has refused to agree to pay a fair and equitable rent determined under section 46, or that the term for which he is entitled to hold as such a rent has expired.

S.45 Conditions of ejectment on ground of expiration of lease.

Rep. by the Bengal Tenancy (Amendment) Act, 1907 (Ben. Act 1 of 1907).

S.46 Conditions of ejectment on ground of refusal to agree to enhancement

(1) A suit for ejectment on the ground of refusal to agree to an enhancement of rent shall not be instituted against a non-occupancy raiyat unless the landlord has tendered to the raiyat an agreement to pay the enhanced rent, and the raiyat has within three months before the institution of the suit refused to execute the agreement.

(2) A landlord desiring to tender an agreement to a raiyat under this section may file it in the office of such Court or officer as the State Government appoints in this behalf for service on the raiyat. The Court or officer shall forthwith cause it to be served on the raiyat in the prescribed manner and when it has been so served, it shall for the purposes of this section be deemed to have been tendered.

(3) If a raiyat on whom an agreement has been served under sub-section (2) executes it, and within one month from the date of service tiles it in the office from which it issued it shall take effect from the commencement of the agricultura

S.47 Explanation of "admitted to occupation"

Where a raiyat has been in occupation of land a lease is executed with a view to a continuance of his occupation, he is not to be deemed to be admitted to occupation by that lease for the purposes of this chapter, notwithstanding that the lease may purport to admit him to occupation.

S.48 Limit of rent recoverable from under-raiyats

The landlord of an under-raiyat holding at a money-rent shall not be entitled to recover rent exceeding the rent which he himself pays by more than the following percentage of the same (namely):--

• (a) when the rent payable by the under raiyat is payable under a registered lease or agreement.-- fifty percent; and
• (b) in any other case-twenty-five per cent:

Provided that, where the land held by such under raiyat is a portion of the holding of such landlord; the rent calculated for the entire holding in the aforesaid manner shall be reduced in such proportion as the area of the land held by the under raiyat bears to the total area of the holding: Provided further that, if the lands comprised in such holding are of different qualities, the proportionate rent recoverable from the under raiyat shall be calculated in the prescribed manner.

S.48A Limit of produce-rent recoverable from under raiyats

When an under-raiyat pays for the land held by him rent in kind by division of the produce, the landlord under whom he holds that land shall not be entitled to recover rent from the under raiyat exceeding seven-twentieths of the produce of such land: Provided that the landlord shall not be entitled to any share in the straw or bhoosa as rent out of the produce of such land.

Explanation.--The word "straw" in this section includes jute sticks after the jute has been extracted therefrom, and arhar and maize sticks when the produces are jute, arhar and maize respectively.

S.48B Restriction on payment of certain kinds of rent by an under-raiyat

Nothing in any contract, express or implied, between an under-raiyat and his landlord, made before or after the date of the commencement of the Bihar Tenancy (Second Amendment) Act, 1955, shall entitle the landlord to rent; according to any system, such as danabandi, manhunda, mankhop or chauraha, under which fixed rent in kind is payable, and where an under-raiyat was before the said date liable to pay to his landlord rent according to any such system, he shall from and after the said date be liable to pay to his landlord rent in kind by division of the produce.

S.48C Acquisition of right of occupancy by under-raiyats

Every person who, for a period of twelve years, whether wholly or partly before or after the commencement of the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938), has continuously held land as an under-raiyat in any village, whether under a lease or otherwise, shall be deemed to have acquired, on the expiration of that period a right of occupancy in the land which he has so held for the said period: Provided that an under-raiyat shall not, irrespective of the duration of his holding any land as an under-raiyat acquire any right of occupancy-- (i) in such area of the land to be selected and declared by his landlord in the prescribed manner as together with the area of land already held by the landlord under his cultivation does not exceed the following limits, namely:-- (a) five acres of land irrigated by flow irrigation work, lift irrigation work or tube well owned, constructed, maintained, improved or controlled by the Central or the State Government or by a body corpora

S.48D Acquisition of raiyati right by occupancy under-raiyat

(1) An occupancy under-raiyat shall if he makes an application in this behalf in the prescribed manner, be entitled to acquire the right of a raiyat subject to the payment to be made as may be prescribed by the State Government and the right of the land-holder in such land shall extinguish: Provided that the land on which he acquires such right along with other land held by him anywhere in the State does not exceed the area he may hold under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962).

(2) The remaining area, if any, in which the under-raiyat does not acquire the right of a raiyat shall continue to be held by the raiyat under whom the under-raiyat held the land.

(3) The land owner in respect of whose land the under-raiyat acquires the right of a raiyat under sub-section (1) shall be paid as compensation an amount equivalent to twenty four times the rent of the holding in the manner prescribed in t

S.48E Prevention of threatened ejectment of under raiyat and restoration to possession of under-raiyat unlawfully ejected

(1) if an under-raiyat is threatened with unlawful ejectment from his tenancy or any portion thereof by his landlord or if there is a dispute between them over the possession of land crop or produce thereof either on the ground of non-existence of relationship of landlord and tenant between them or otherwise or if an under-raiyat is or has been ejected from his tenancy or any portion thereof within twelve years before the commencement of proceeding under this section in contravention of the provisions of section 89 the Collector may, of his own motion or on application made in this behalf by the under-raiyat, initiate a proceeding for preventing the landlord from ejecting the under-raiyat or for settlement of the said dispute or for restoration of possession to under-raiyat unlawfully ejected from his tenancy or portion thereof.

Explanation.--If in the midst of the proceeding it is found that the landlord has during or before the initiation of the proceeding transferred the

S.48F Appeals

(1) An appeal shall lie from an order referred to in [sub-section (7) and sub-section (8) of section 48E.-- (i) if such order is passed by an officer other than the Collector of a district, to the Collector of the district or to any officer specially empowered by the State Government by notification to hear such appeals; and (ii) if such order is passed by the Collector of a district, to the prescribed authority.

(2) The Collector of the district may, at any time, transfer any appeal filed before him to any officer specially empowered under clause (i) of sub-section (l) to hear such appeals, or withdraw any appeal pending before any officer so empowered, and either hear such appeal himself or transfer it for disposal to any other officer so empowered.

(3) Appeals under this section shall be heard and disposed of in accordance with the prescribed procedure.

(4) An order duly made under section 48-E or on appeal under this section shall be final and shall not be

S.49 Grounds on which under-raiyats, without occupancy right may be ejected

An under-raiyat may be ejected by his landlord from land in which he has not already acquired a right of occupancy in accordance with the provision of section 48-C 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;
• (b) on the ground that he has used the land in a manner which renders it unfit for the purposes of the tenancy, or that he has broken a condition consistent with this Act and on breach of which he is under the terms of a contract between himself and his landlord, liable to be ejected;
• (c) where he has been admitted to occupation of the land under a written lease on the ground that the term of the lease has expired.
• (d) where he holds the land of any person mentioned in clause (ii) of the proviso to sub-section (i) of section 48 C, on the ground that the status of the raiyat mentioned in the said clause has changed and the raiyat intends to cultivate t
  

S.49A

[Omitted]

S.49AA Definition [PROTECTED TENANTS]

In this chapter "complete usufructuary mortgage" means a transfer by a tenant of the right of possession in any land for the purpose of securing the payment of money or the return of grain advanced or to be advanced by way of loan upon the condition that the loan, with alt interest thereon, shall be deemed to be extinguished by the profits arising from the land during the period of the mortgage.

S.49B Application of Chapter

This Chapter shall apply to tenants who are members of the Scheduled castes. Scheduled tribes and Backward classes (hereinafter referred to as protected tenants).

Explanations.-- (1) "Scheduled castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are specified in Part II of the Schedule to the Constitution (Scheduled Castes) Order, 1950. (2) "Scheduled tribes" means such tribes or tribal, communities or parts of or groups within such tribes or tribal communities as are specified in Part II of the Schedule to the Constitution (Scheduled Tribes) Order, 1950. (3) "Backward classes" means such classes of citizens as may be declared by the State Government by notification in the Official Gazette, to be socially and educationally backward.

S.49C Restriction on transfer of tenant's rights

No transfer by, a protected tenant of his right in his tenure, holding or tenancy, or in any portion thereof by private sale, gift, will, mortgage, lease or any contract or agreement, shall be valid to any extent except as provided in this Chapter.

S.49D Lease by tenure holder

A tenure-holder, who is a member of the Scheduled tribes, Scheduled castes or Backward classes may grant a lease to another person who is a member of the Scheduled tribes, Scheduled castes or, as the case may be, Backward classes, to hold the land as a tenure-holder, or to cultivate it as a raiyat, in accordance with the provisions of this Act.

S.49E Sub-letting by raiyat

(1) Subject to the provisions of sub-section (1) of section 85, a raiyat, who is a member of the Scheduled tribes, Scheduled castes or Backward classes, may sublet his holding to another person who is a member of the Scheduled tribes, Scheduled castes, or as the case may be, Backward classes to cultivate it as an under-raiyat.

(2) A sub-lease by a raiyat, who is a member of the Scheduled tribes, Scheduled castes or Backward classes, shall not be admitted to registration if it purports to create a term exceeding five years.

S.49F Usufructuary mortgage by tenure-holders, raiyat or under-raiyat

(1) A tenure-holder, raiyat, who is a member of the Scheduled tribes, Scheduled castes or Backward classes may, enter with another person, who is a member of the Scheduled tribes, Scheduled castes or, as the case may be, Backward classes, into a complete usufructuary mortgage in respect of any land for any period which does not and cannot, in any possible event, by any agreement, express or implied, exceed seven years, or the period of his own right whichever is less: Provided that every mortgage so entered into shall be registered under the Indian Registration Act, 1908 (16 of 1908).

(2) The power of a tenant, who is a member of the Scheduled tribes, Scheduled castes or Backward classes, to mortgage his land shall be registered to only one form of mortgage, namely, a complete usufructuary mortgage: Provided that a tenant may enter into a simple mortgage in respect of any tenure, holding or tenancy or portion thereof with a society or bank registered or deemed to be register

S.49G Application to Collector for transfer in certain