The Chota Nagpur Tenancy Act, 1908

{
    "id": 4129,
    "slug": "chota-nagpur-tenancy-act-1908",
    "title": "The Chota Nagpur Tenancy Act, 1908",
    "short_title": "The Chota Nagpur Tenancy Act, 1908",
    "act_number": "6",
    "act_year": 1908,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": "1908-11-11",
    "description": "The Chota Nagpur Tenancy Act, 1908",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "Section 1. Short title and extent. - (1) This Act may be called the Chota Nagpur Tenancy Act,",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "1908",
            "title": "Section 1908. [(2) It extends to [the North Chotanagpur, the South Chotanagpur and Palamau",
            "chapter": null,
            "content": "Divisions] including the areas or parts of the areas which have been constituted into a \nMunicipality or a Notified Area Committee under the Jharkhand Municipal Act, 2002 \n(Bihar and Orissa Act 7 of 1922) or which are within a cantonment.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "2",
            "title": "Section 2. Repeal. - (1) The Acts and notifications specified in Schedule A are hereby repealed",
            "chapter": null,
            "content": "in the Chota Nagpur Division. [* * *] \n[(2) The Acts specified in Schedule B are hereby repealed in the [district of Dhanbad \nand Patamda, Ichagarh and Chandil police stations in the district of Singhbhum.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "3",
            "title": "Section 3. Definitions - In this Act, unless there is anything repugnant in the subject or context,",
            "chapter": null,
            "content": "(i) \"agricultural year\" means the year prevailing in a local area for agricultural purposes, \nand such year s hall be deemed to commence and terminate on such dates, \nrespectively, as the [State] Government may, by [notification], direct: \n \n[Provided that where the State Government is the landlord, the year commencing from \nthe first day of April shall be the agricultural year for the purposes of this Act;] \n\n \n(ii) \"bhugut bandha mortgage\" means a transfer of the interest of tenant in his tenancy; \n \nfor the purpose of securing the payment of money advanced or to be advanced by way \nof loan; \nupon the condition that the loan, with all interest thereon, shall be deemed to be \nextinguished by the profits arising from the tenancy during the period of the mortgage;\n\n(iii) \"Board\" means the Board of Revenue for [Bihar [* * *] \n[(iii-a) \"bank\" means,- \n(i) a banking company as defined in the Banking Regulation Act, 1949 (10 of 1949); \n \n(ii) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of \n1955); \n \n(iii) a corresponding new bank constituted under the Banking Companies (Acquisition \nand Transfer of Undertakings) Act, 1970 (5 of 1970); \n \n(iv) a Regional Rural Bank established under the Regional Rural Banks Act, 1976 (21 of \n1976); \n \n(v) the Agricultural Refinance and Development Corporation constituted under the \nAgricultural Refinance and Development Corporation Act, 1963 (10 of 1963); and \n \n(vi) the Agricultural Finance Corporation Ltd., a Company incorporated under the \nCompanies Act, 1956 (1 of 1956);] \n \n(iv) \"Certificate Officer\" means the Certificate Officer as defined in [clause (3)] of Section \n[3] of the [Bihar and Orissa Public Demands Recovery Act, 1914 (B&O Act, 4 of 1914:] \n \n(v) \"civil jail\" means the civil jail of the district, and includes any place appointed by the \n[State] Government for the confinement of prisoners under this Act; \n \n(vi) \"Commissioner\" and \"Judicial Commissioner\" mean respectively the Commissioner \nand Judicial C ommissioner of Chota Nagpur; and include any other person specially \n[empowered] by the [State] Government to discharge the functions of the Commissioner \nor Judicial Commissioner, as the case may be in any particular area; \n \n(vii) \"Deputy Collector\" includes an Assistant Collector and any Sub-Deputy Collector, \nwho is especially empowered by the [State] Government to discharge any of the \nfunctions of a Deputy Collector under this Act; \n\n \n(viii) \"Deputy Commissioner\" in any provision of this Act includes,- \n \n(a) any Revenue Officer or Deputy Collector, who is specially empowered by the [State] \nGovernment to discharge any of the functions of a Deputy Commissioner under t hat \nprovision, and \n \n(b) any Deputy Collector to whom the Deputy Commissioner may by general or special \norder, tr ansfer any of his f unctions under that provision;\n\n(ix) \"enhancement\" and \"enhanced\" do not include an increase of rent in respect of land \nheld by 'Raiyat', in excess of the area for which rent has previously been paid by him, or \nin respect of the conversion of upland, whether within or without his holding into 'korkar'; \nbut include any commutation of rent payable in money into rent payable wholly or partly \nin kind; \n \n(x) \"estate\" means land included under one entry in any of the general registers of \nrevenue-paying lands and revenue-free lands prepared and maintained under the law \nfor the time being in force by the Deputy Commissioner; and includes Government 'khas \nmahals' and revenue-free lands not entered in any register; \n \n(xi) \"forest produce\" includes the following, whether taken from a forest or not, that is to \nsay,- \n \n(a) wood, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish,, bark lac, \n'mahua' flowers and myrobalans. \n \n(b) trees and leaves, flowers and fruits and all other parts or produce not hereinbefore \nmentioned of trees, \n \n(c) plant not being trees (including grass, creepers, reeds and moss) and all parts or \nproduce of such plants, \n \n(d) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all \nother parts or produce of animals, and \n \n(e) peat, surface-oil rock and minerals (including iron-stone, coal clay, [sand and lime- \nstone] [* * *] when taken by any person for his own use [* * *]; \n \n(xii) \"holding\" means a parcel or parcels of land held by a Raiyat, and forming the \nsubject of separate tenancy; \n \n(xiii) \"korkad\" means land by whatever name locally known such as 'babhala khandwat, \n\n'jalsasan' or 'ariat', which has been artificially levelled or embanked primarily for the \ncultivation of rice, and,- \n \n(a) which previously was  jungle, waste or uncultivated, or was c ultivated upland, or \nwhich, though previously cultivated, has become unfit for the cultivation of transplanted \nrice, and \n \n(b) which has been prepared for cultivation by a cultivator (other than the landlord), or \nby the predecessor-in-interest (other than the landlord); [* * *]; \n \n(xiv) \"landlord\" means a person immediately under whom a tenant holds, and includes \nthe Government;\n\n(xv) \"movable property\" includes standing crops; \n(xvi) \"mundari khunt-kattidari tenancy\" means the interest of a \"Mundari khunt-kattidar\"; \n(xvii) \"pay\", \"payable\" and \"payment\", when used with reference of rent, include \n\"deliver\", \"deliverable\" and \"deliver\"; \n \n(xviii) \"permanent tenure\" means a tenure which is heritable and which is not held for a \nlimited time. \n \n(xix) \"praedial conditions\" means conditions or services appurtenant to the occupation \nof lands other than the rent, and include rakumats' payable by the tenants to landlord \nand every 'mahtut mangan' and 'madad', and every other similar demand, howsoever \ndenominated, and whether regularly recurrent or intermittent; \n(xx) \"prescribed\" means prescribed by [State] Government by rule made under this Act; \n(xxi) \"proprietor\" means a person owning, whether in trust or for his own benefit an \nestate or a part of an estate; \n \n(xxii) \"registered\" means registered under any Act for the time being in force for the \nregistration of documents; \n \n(xxiii) \"rent\" means whatever is la wfully payable in money or k ind by a tenant to his \nlandlord on account of the use of occupation of the land held by the tenant and includes \nall dues (other than personal services) which are recoverable under enactment for the \ntime being in force as if they were rent; \n \n(xxiv) \"resumable tenure\" means a tenure which is held, subject to the condition that it \nshall lapse to the estate of the grantor and be resumable by him or his successor in \ntitle,- \n \n(a) on failure of male heirs of the body of the original grantee in the male line, or \n \n(b) on the happening of any definite contingency other than that referred to in sub- \nclause (a) of this clause; \n \n\n(xxv) \"Revenue Officer\" in any provision of this Act, means any officer whom the [State] \nGovernment may appoint to discharge any of the functions of Revenue Officer under \nthat provision; \n \n(xxvi) \"tenant\" means a person who holds land under another person and is, or but for a \nspecial contract would be liable to pay rent for that land to that person; \n \n(xxvii) \"tenure\" means the interest of a tenure-holder, and includes an under tenure, but \ndoes not include a \"Mundari khunt-kattidari\" tenancy,\n\n(xxviii) \"village\" means,- \n \n(a) in any local area in which a survey has been made and a record-of-rights prepared \nunder a ny enactment for t he time being in force the area included within the same \nexterior boundary in the village map finally adopted in making such survey and record, \nas subsequently modified by the decision (if any) of a Court of competent jurisdiction, \nand \n \n(b) where a survey has not been made and a record-of-rights has not been prepared \nunder a ny such enactment, such area as the Deputy Commissioner may, with the \nsanction of the Commissioner by general or special order, declare to constitute a village \n: \n \n[Provided that, when an order has been made under Section 80 directing that a survey \nbe made, and record-of-rights prepared in respect of any local area, estate, tenure, or \npart thereof the [State] Government may, by notification declare that in such local area, \nestate, tenure or part thereof, 'village', shall mean the area which for thee purposes of \nsuch survey and record-of-rights may be adopted by the Revenue Officer subject to the \ncontrol of the Commissioner as the unit of survey and record;] \n \n[(xxix) \"village headman\" means the headman of a village, or of a group of villages, \nwhether known as 'Manki', or 'Pradhan' or 'Manjhi' or otherwise, or by an equivocal \ndesignation such as 'thikadad' or 'ijaradar': \n \nExplanation. - In the definition \"village\" includes a portion of a village; and \n \n(xxx) \"Permanent Settlement\" means the Permanent Settlement of Bengal, Bihar and \nOrissa made in the year 1798.] \nChapter II \nClasses of Tenants",
            "footnote": "",
            "is_definition": true,
            "sort_order": 3
        },
        {
            "number": "4",
            "title": "Section 4. Classes of tenants - There shall be, for the purposes of this Act, the following",
            "chapter": null,
            "content": "classes of tenants, namely :- \n\n \n(1) tenure-holders, including under-tenure-holders; \n(2) Raiyat, namely :- \n(a) occupancy-raiyats, that is to say, Raiyats having a right of occupancy in the land \nheld by them, \n \n(b) non-occupancy Raiyats, that is to say, Raiyats not having such a right of occupancy, \nand\n\n(c) Raiyats having khunt-katti rights; \n \n(3) under-raiyats, that is to say, tenants holding, whether immediately or mediately, \nunder raiyats; and \n \n(4) Mundari khunt-kattidars.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "5",
            "title": "Section 5. Meaning of a \"tenure-holder\" - \"Tenure-holder\" means primarily a person, who has",
            "chapter": null,
            "content": "acquired from the proprietor, or from another tenure-holder, a right to hold land for the \npurpose of collecting rents or bringing under cultivation by establishing tenants on it, \nand includes,- \n \n(a) the successor-in-interest of persons, who have acquired such a right, and \n \n(b) the holder of tenures entered in any register prepared and confirmed under the \nChota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869), \n \nbut does not include a Mundari khunt-kattidar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "6",
            "title": "Section 6. Meaning of \" Raiyat\" - (1) \"Raiyat\" means primarily a person who has acquired a",
            "chapter": null,
            "content": "right to hold land tor the purpose of cultivating it by himself or by members of his family, \nor by hired servants or with the aid of partners; and includes the successor-in-interest of \npersons who have acquired such a right, but does not include a Mundari-khunt-kattidar. \nExplanation. - Where a tenant of land has the right to bring it under cultivation, he shall \nbe deemed to have acquired a right to hold it for t he purpose of cultivation, \nnotwithstanding that he uses it for the purpose of gathering the produce of it or of \ngrazing cattle on it. \n(2) A person shall not be deemed to be a Raiyat unless he holds land either \nimmediately under a proprietor or immediately under a tenure-holder or immediately \nunder a Mundari-khunt-kattidar. \n(3) In determining whether a tenant is a tenure-holder or Raiyat, the Court shall have \nregard to,- \n \n(a) local custom, and \n\n \n(b) the purpose for which the right of tenancy was originally acquired.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "7",
            "title": "Section 7. Meaning of  \"Raiyat having khunt-katti rights\". - (1) \"Raiyat having khunt-katti",
            "chapter": null,
            "content": "rights\" means a Raiyat in occupation of, or having any subsisting title to land reclaimed \nfrom jungle by the original founders of the village or their descendants in the male line, \nwhen such Raiyat is a member of family which founded the village or a descendant in \nthe male line of any member of such family : \nProvided that no Raiyat shall be deemed to have khunt-katti rights in any land unless he \nand all his predecessors-in-title have held such land or obtained a title thereby virtue of \ninheritance from the original founders of the village. \n(2) Nothing in this Act shall prejudicially affect the rights of any person who has lawfully \nacquired a title to a khunt-kattidari tenancy before the commencement of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "8",
            "title": "Section 8. Meaning of - \"Mundari-khunt-kattidari\" - Mundari-khunt-kattidar means a Mundari,",
            "chapter": null,
            "content": "who has acquired a right to hold jungle land for the purpose of bringing suitable portions \nthereof under cultivation by himself or by male members of his family, and includes,- \n \n(a) the heirs male in the male line of any such Mundari when they are in possession of \nsuch land or have any subsisting title thereto, and \n \n(b) as regards any portions of such land which has remained continuously in the \npossession of any such Mundari and his descendants in the male line, such \ndescendants. \n \nChapter III \nTenure-Holders",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "9",
            "title": "Section 9. Tenure-holder when not liable to enhancement of rent - No tenure-holder who",
            "chapter": null,
            "content": "holds his tenure (otherwise than under a terminable lease) at a fixed rent which has not \nbeen changed from t he time of the Permanent Settlement shall be liable to any \nenhancement of such rent, anything in the Bengal Decennial Settlement Regulation, \n1793 (VIII of 1793) Section 51 or in any other law, to the contrary notwithstanding. \n[9A. Enhancement of rent of tenure-holder or village headman. - (1) Where the rent \nof a tenure-holder or village headman is liable to enhancement during the continuance \nof his tenancy, such enhancement shall be made only by an order of the Deputy \nCommissioner passed upon an application made to him, or by  an order of Revenue \nOfficer passed under Chapter XII or Chapter XV. \n(2) An  enhancement, progressive or o therwise, may subject to any valid contract \nbetween the parties, be ordered up to the limit of the customary rate payable by person \nholding similar tenancies in the vicinity, or when no such customary rate exists up to \nsuch limits as is  fair and equitable. In determining what is a  fair and equitable rent, \nregard shall be had to the origin and history of the tenancy. \n(3) When the rent of a tenure-holder or village headman has been enhanced, it shall not \nagain be enhanced for a period of fifteen years except by an order of a Revenue Officer \npassed under Chapter XII or Chapter XV. \n(4) Nothing in this Section shall apply to a temporary tenure-holder, or a tenure-holder \nthe rent of whose tenure is subject to variation in accordance with principles expressed \nin the contract whereby the tenure was created.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "10",
            "title": "Section 10. Certain bhuinhars not liable to enhancement of rent - No bhuinhar whose lands",
            "chapter": null,
            "content": "are entered in any register prepared and confirmed under the Chota Nagpur Tenures \nAct, 1869 (Ben. Act 2 of 1869) shall be liable to any enhancement of the rent of his \ntenure.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "11",
            "title": "Section 11. Registration of certain transfers of tenures - (1) When any tenure or portion",
            "chapter": null,
            "content": "thereof is transferred by succession, inheritance, sale, gift or exchange, the transferee \nor his successor in title shall cause the transfer to be registered in the office of the \nlandlord to whom the rent of the tenure or portion is payable. \n(2) The landlord shall, in the absence of sufficient reason to the contrary, allow the \nregistration of all such transfers.\n\n(3) Whenever any such transfer is registered in the office of the landlord he shall be \nentitled to levy a registration fee of the following amount, namely :- \n \n(a) when rent is payable in respect of the tenure or portion-a fee of two per centum on \nthe annual rent thereof provided that no such fee shall be less than one rupee or more \nthan one hundred rupees, and \n(b) when rent is not payable in respect of the tenure or portion-a fee of two rupees. \n(4) If an application for the registration of any transfer of a tenure or portion thereof \nunder sub-section (1) is not made within a period of one year from the date of transfer, \nand if the registration fee, authorised by sub-section (3) is not paid or tendered within \nthat period, the transferee or his successor-in-title shall not be entitled to recover, at any \ntime after the expiry of the said period by suit or other proceeding, any rent which may \nhave become due to him, as the owner of such tenure or portion, between the date of \nthe transfer and the date of the application for registration. \n(5) Nothing in this Section shall,- \n \n(i) validate a transfer of any tenure or portion thereof which, by the terms upon which it \nis held, or by any law or local custom, is not transferable, or \n \n(ii) affect the right of the landlord to resume a resumable tenure.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "12",
            "title": "Section 12. Procedure on refusal of landlord to allow registration of transfer of tenure. - If",
            "chapter": null,
            "content": "any landlord refuses to allow the registration of any such transfer as is mentioned in \nSection 11, the transferee or his successor-in-title may make application to the Deputy \nCommissioner and the Deputy Commissioner shall thereupon, after issuing notice to be \nserved on the landlord, make such inquiry as Tie considers n ecessary; and if, no \nsufficient grounds are shown for t he refusal, shall pass an order declaring that the \ntransfer shall be deemed to be registered. \n[13. Division of Tenure  and distribution of rent. - (1) A division of any tenure or \nportion thereof or a distribution of the rent payable in respect of any tenure or portion \nthereof shall be binding on the landlord if the transferor sends to the landlord by \nregistered post a notice of such division or d istribution containing the prescribed \nparticulars: \n\nProvided that the landlord may, if he objects to the said division or distribution of the \nrent, make an application to the Deputy Commissioner for fair division or distribution of \nrent within the prescribed period from the date of the service of notice. \n(2) On  the receipt of an application under the proviso to sub-section (1), the Deputy \nCommissioner shall in the prescribed manner serve on the parties including the landlord \na notice of the date on which he intends to hear the application after hearing the parties \nand holding such inquiry as he thinks proper, the Deputy Commissioner shall divide or \ndistribute the rent of the tenure in such manner as he deems fair and equitable. \n(3) The order of the Deputy Commissioner under sub-section (2) shall take effect from \nsuch date as may be specified in the order.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "Section 14. Annulment of encumbrances on resumption of resumable tenure - (1) Upon the",
            "chapter": null,
            "content": "resumption of a resumable tenure, every lien, sub-tenancy, easement or other right or \ninterest created, without the consent or permission of the grantor or his successor-in- \ninterest by the grantee or any of his successors, on the tenure, or in limitation of his own \ninterest therein, shall be deemed to be annulled, except the following, namely:- \n \n(a) any lease of land whereupon a dwelling house, manufactory or o ther permanent \nbuilding, has been erected or a permanent garden, plantation, tank, canal, [bandh, ahar \nother work of irrigation] place of worship, or burning or burying ground has been made, \nor wherein a mine has been sunk under lawful authority; \n \n[(aa) any right of [the Government] in any land within a cantonment;] \n \n(b) any right of a Raiyat or cultivator in his holding or land, as conferred by this Act or by \nany local custom or usage; \n \n(c) any right to hold land occupied by sacred grove; \n(d) any Mundari khunt-kattidaritenancy; \n[(dd) any Bhuinhari tenure, as defined in the Chota Nagpur Tenure Act, 1869 (Bengal \nAct 2 of 1869)]; [* * *] \n \n(e) any right of a [village-headman] in his office or land; [and] \n[(f) any easement of necessity], \n(2) Nothing in clause (a) of sub-section (1) shall confer on any grantee of a resumable \ntenure or any of his successors any right over mineral which he does not otherwise \npossess.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "Section 15. Saving of rights of landlord - The mere registration of a transfer under Section 11,",
            "chapter": null,
            "content": "or the mere receipt of a registration fee thereunder, or the passing of an order by the \nDeputy Commissioner under Section 12, shall not be deemed to imply a consent to, or \npermission to make, the transfer, within the meaning of Section 14; and the landlord \nshall not be bound by the terms or conditions of any such transfer. \n \n\nChapter IV \nOccupancy-raiyat \nGeneral",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "Section 16. Continuance of existing occupancy rights - [(1) Every 'Raiyat', who immediately",
            "chapter": null,
            "content": "before the commencement of this Act, has by the operation of any enactment or by local \ncustom or usage or otherwise, a right of occupancy in any land, shall when this Act\n\ncomes into force, have right of occupancy in that land, notwithstanding the fact that he \nmay not have cultivated or held the land for a period of twelve years.] \n[(2)] The exclusion from the operation of this Act by a notification under subsection (2) \nof Section 1 of any area or part of an area, which is constituted a Municipality under the \nprovisions of [the Jharkhand Municipal Act, 2002 (B&O Act 7 of 1922) or which is within \ncantonment, shall not affect any right, obligation or liability previously acquired, incurred \nor accrued in reference to such area.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "Section 17. Definition of 'settled Raiyat'. - (1) Every person who, for a period of twelve years,",
            "chapter": null,
            "content": "whether wholly or partly before or after the commencement of this Act, has continuously \nheld as a 'Raiyat' land situate in any village, whether under a lease or otherwise, shall \nbe deemed to have become on the expiration of that period a settled 'Raiyat' of that \nvillage. \n(2) A person shall be deemed, for the purposes of this Section, to have continuously \nheld land in a village, notwithstanding that the particular land held by him has been \ndifferent at different times. \n(3) A person shall be deemed, for the purposes of this Section, to have held as a \n'Raiyat' any land held as a 'Raiyat' by a person whose heir he is. \n(4) Land held by two or more co-sharers as a 'Raiyati' holding shall be deemed, for the \npurposes of this Section, to have been held as a 'Raiyat' by each such co-sharer. \n(5) A person shall continue to be a settled 'Raiyat' of village as long as he holds any \nland as a 'Raiyat' in that village and for three years thereafter. \n(6) If a Raiyat recovers possession of land under Section 71, or by suit, he shall be \ndeemed to have continued to be a settled 'Raiyat', notwithstanding his having been out \nof possession for more than three years. \n(7) If, in any suit or proceeding, it is proved or admitted that a person holds any land as \na 'Raiyat', it shall, as between him and the landlord under whom he holds the land, be \npresumed, for the purpose of this Section, until the contrary is proved or admitted, that \nhe has twelve years continuously held that land or some part of it as a 'Raiyat'.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "Section 18. Bhuinhars and Mundari khunt-kattidars to be settled Raiyats in certain cases -",
            "chapter": null,
            "content": "The following classes of persons shall be deemed to be settled 'Raiyats' for the \npurposes of this Act, in regard to the land in their villages which they cultivate as \n'Raiyats' (other than their own 'bhuinhari' or 'Mundari khunti-kattidari' land, and other \nthan landlords privileged lands as defined in Section 18 and the provisions of sub- \nsections (3) to (6) of Section 17 shall apply to such persons as if they were 'Raiyats', \n\nnamely :- \n \n(a) where any land in a village, other than land known as 'manjhihas' or 'bethkheta', is \nentered in any register prepared and confirmed under the Chota Nagpur Tenures Act, \n1869 (Ben. Act 2 of 1969)-all members of any 'Bhuinhari' family, who hold and have for \ntwelve years continuously held, land in such village, and \n \n(b) where any village contains lands not forming part of Mundari khunti-kattidari tenancy \nand an entry of Mundari khunt-kattidari or of Mundari khunt-kattidars in such village has \nbeen made in any record-of-rights as finally published under this Act or under any law in \nforce before the commencement of this Act-all male members of any Mundari khunt-\n\nkattidar family who hold, and have for twelve years continuously held land in such \nvillage.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "Section 19. Settled Raiyats to have occupancy-rights - Every person who is a settled Raiyat",
            "chapter": null,
            "content": "of a village within the meaning of Section 17 or Section 18 shall [subject to the \nprovisions of Section 43] have a right of occupancy in all [* * *] for the time being held by \nhim as a Raiyat in that village. \n[20. Effect of acquisition of occupancy-rights by landlord. - (1) When the immediate \nlandlord of an occupancy holding is a proprietor or a permanent tenure-holder and the \nentire interests of the landlords and the Raiyat in the holding become united in the same \nperson by transfer, succession, or otherwise, such a person, shall hold the land as a \nproprietor or permanent tenure-holder, as the case may be, and shall not hold it by any \nsubordinate right whatsoever; but nothing in this subsection shall prejudicially affect the \nrights of any third person. \n(2) If the occupancy-right in land is transferred to a person jointly interested in the land \nas proprietor or permanent tenure-holder; such person shall hold the land as proprietor \nor p ermanent tenure-holder, as the case may be, and shall not hold it by - any \nsubordinate right whatsoever. Such transferee shall pay to his co-sharers a fair and \nequitable sum for the use and occupation of the land, and if he sub-lets the land to a \nthird person, such third person shall be deemed to be a tenure-holder or a Raiyat, as \nthe case may be, in respect thereof. \nIllustration. - A, a co-sharer landlord, purchases the occupation holding of a Raiyat X.A \nsublets the land to Y who takes it  for t he purpose of establishing tenants on it: Y \nbecomes a tenure-holder in respect of the land. Or A sub-lets it to Z who takes it for the \npurpose of cultivating it himself: Z becomes a Raiyat in respect of the land. \nIn determining from time to time what is a fair and equitable sum under this sub-section, \nregard s hall be had to the rent payable by the occupancy-raiyat at the time of the \ntransfer, and to the principles of this Act regulating the enhancement or reduction of the \nrent of occupancy-raiyats. \n(3) A person interested in any estate, tenure, village or land, whether solely or jointly \nwith others, as a temporary tenure-holder, Ijaradar, or farmer of rents, or as  a \nmortgagee in possession, shall not during the period of his lease or mortgage, acquire \nby purchase or otherwise a right to hold any land comprised in his lease or mortgage in \nany other capacity than as such lessee or mortgagee and every interest acquired by \n\nhim in such land during the period of his lease or mortgage, shall upon the termination \nof such lease or mortgage, cease to exist; provided that if he has settled the land with \nthird person as a tenure-holder or a Raiyat, not being prohibited from so doing by the \nterms of his lease or mortgage, the rights of such third person shall not be affected by \nthe mere termination of the lease, but such third person shall be deemed to be a tenure- \nholder or a Raiyat, as the case may be, in respect of the land. \n(4) This Section does not prohibit and shall be deemed never to have prohibited the \nacquisition of a right of occupancy in a parcel of land- \n \n(a) by a village headman if by local custom or usage he has a right to acquire a right of \noccupancy in land of the class to which that parcel belongs, or\n\n(b) by a temporary tenure-holder who, before becoming such, was himself a resident \ncultivator of the village, in such parcel has been converted by him into Korkar or has \nbeen acquired by him by succession or inheritance.] \n \nExplanation. - A person having a right of occupancy in land does not lose it by \nsubsequently becoming jointly interested in the land as a proprietor or permanent \ntenure-holder or by subsequently holding the land in ijara or farm or as a temporary \ntenure-holder or mortgagee. \n \nIncident of Occupancy Right",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "21",
            "title": "Section 21. Rights of occupancy-Raiyat in respect of use of land. - [(1)] When a Raiyat has",
            "chapter": null,
            "content": "a right of occupancy in respect of any land, he may use the land,- \n \n(a) in any manner which is authorised by local custom or usage, or \n \n(b) irrespective of any local custom or usage, in any manner which does not materially \nimpair the value of the land or render it unfit for the purposes of the tenancy. \n \n[(2) Notwithstanding anything contained in any entries in the record-of-rights or any local \ncustom or usage to the contrary, the following shall not be deemed to impair the value \nof the land materially or to render it unfit for purposes of the tenancy, namely,- \n \n(a) the manufacture of bricks and tiles for the domestic or agricultural purposes of the \nRaiyat and his family; \n \n(b) the excavation of tanks or the digging of wells or the construction of bandhs and \nahars intended to provide a supply of water for drinking, domestic, agricultural or \npiscicultural purposes of the Raiyat and his family; and \n \n(c) the erection of buildings for the domestic or agricultural purposes or for the purposes \nof trade or cottage industries of the Raiyat and his family. \n \n\n(3) If an occupancy-Raiyat, who pays for his holding rent in any of the ways specified in \nsub-section (1) of Section 61, excavates a  tank on such holding for any purpose \nmentioned in clause (b) of sub-section (2), the landlord's share shall be nine-twentieths \nand the Raiyats share shall be eleven-twentieths in the produce of such tank.] \n[21A. Rights of occupancy-Raiyat in trees. - Notwithstanding anything contained in \nSection 24, when a Raiyat has a right of occupancy in respect of any land,- \n \n(a) if the rent of such land is paid in cash, or if such land is a rent-free holding or a part \nof such holding, the Raiyat may,- \n \n(i) plant trees and bamboos on such land and cut, cut down and appropriate the same; \n(ii) cut, cut down and appropriate any trees or bamboos s tanding on such land;\n\n(iii) appropriate the flowers, fruits and other products of any trees or bamboos standing \non such land; \n(iv) rear lac and cocoons on trees standing on such land and appropriate the same : \n[Provided that if there is any specific entry in the latest record-of-rights regarding any \ntree or bamboo which was s tanding on any such land before the date of the final \npublication of such record-of-rights to the effect that any right in such tree or bamboo \nbelongs to any person, other than the proprietor of the estate comprising such land or \nthe tenure-holder of such land, the right of the Raiyat in such tree or bamboo specified \nin sub-clauses (ii), (iii) and (iv), shall be exercised in accordance with, and subject to \nany entry;] \n \n(b) if the rent of such land is paid in any of the ways s pecified in sub-section (1) of \nSection 61, the landlord and the Raiyat shall have equal shares in the timber and the \nlandlord's share shall be nine-twentieths and the Raiyats share shall be eleven- \ntwentieths in the flowers, fruits and other products of all trees or bamboos growing on \nsuch land whether pl anted before or after, t he commencement of the Chota Nagpur \nTenancy (Amendment) Act, 1947 (Bihar Act 25 of 1947) and the Raiyat shall be entitled \nto plant any tree or bamboo on such land, but neither the Raiyat nor the landlord shall, \nwithout the consent of the other be entitled to cut down or appropriate any such tree or \nbamboo; \n \nProvided that if neither the landlord nor the Raiyat agrees to the cutting down of the tree \nor bamboo and either of them considers such cutting necessary one or the other may \napply for permission to the Deputy Commissioner who, after making summary inquiry \nand hearing the parties, if any may, subject to such conditions as he thinks fit, either \ngrant the permission or refuse it, and his decision shall be final.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "22",
            "title": "Section 22. Protection of occupancy-Raiyat from eviction except on specified grounds. -",
            "chapter": null,
            "content": "An occupancy-Raiyat shall not be ejected by his landlord from his holding, except in \nexecution of a decree for ejectment passed on the ground,- \n \n(a) that he has used the land comprised in his holding in a manner which is not \nauthorised by Section 21 [or 21-A]; \n \n\n(b) that he has broken a condition, consistent with the provisions of this Act, on breach \nof which he is, under the terms of a contract between himself and his landlord, liable to \nbe ejected.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "23",
            "title": "Section 23. Devolution of occupancy right on death - If a Raiyat dies intestate in respect of a",
            "chapter": null,
            "content": "right of occupancy, it shall, subject to any local custom to the contrary, descend in the \nsame manner as other immovable property : \nProvided that in any case in which, under the law of inheritance to which the Raiyat is \nsubject, his other property goes to the [Government], his right of occupancy shall be \nextinguished.\n\n[23A. Registration of certain tra nsfers of occupancy holdings. - (1) When an \noccupancy-holding or any portion thereof is transferred [by sale, gift, will or exchange in \naccordance with the provisions of this Act], the transferee or his successor in title may \ncause the transfer to be registered in the office of the landlord to whom the rent of the \nholding or portion thereof as the case may be, is payable. \n[(2) The landlord shall allow the registration of all such transfers and shall not be \nentitled, except in the case of a transfer by sale or gift, to levy any registration fee. In the \ncase of a transfer by sale or gift, the landlord shall be entitled to levy a registration fee of \nthe following amount, namely:-] \n \n(i) when rent is payable in respect of the holding or portion, a fee of [five percentum] on \nthe annual rent thereof: \n \n[Provided that, such fee shall not be less than rupees two and fifty paise or more than \nrupees two hundred and fifty; and] \n \n(ii) when rent is not payable in respect of the holding or portion, a fee of [rupees two and \nfifty paise.] \n \n[(3) A  registering officer sh all not register-any instrument purporting or o perating to \ntransfer an occupancy holding or portion of an occupancy holding by sale or gift unless \nthere is paid to him in addition to any fee payable under the Act for the time being in \nforce for the registration of documents, a process fee of the prescribed amount and the \nregistration fee payable under sub-section-(2), together with the costs necessary for the \ntransmission of the registration fee to the landlord: \nProvided that a gift to the husband or wife of the donor or to a son adopted under the \nHindu Law or to a relation by consanguinity within three degrees of such donor shall not \nrequire any registration fee to be paid to the landlord as provided in sub-section (2).] \n(4) When the registration of any such instrument is complete, the registering officer shall \nsend to the Deputy Commissioner the registration fee and the costs necessary for the \ntransmission of the same to the landlord ana notice of the transfer and registration in the \nprescribed form, and the Deputy Commissioner shall cause the fee to be transmitted to \nand the notice to be served on the landlord named in the notice in the prescribed \nmanner. \n\n[(5) If any landlord refuses to allow the registration of any such transfer as is mentioned \nin sub-section (1), the transferee or his successor-in-title may make an application to \nthe Deputy Commissioner, and the Deputy Commissioner shall thereupon, after causing \nnotice to be served on the landlord, make such inquiry as he considers necessary, and \n[shall if he is satisfied that the transfer is not contrary to the provisions of this Act], pass \nan order declaring that the transfer shall be deemed to be registered, and may also \npass such order as he thinks fit in respect of the costs of any such inquiry.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "24",
            "title": "Section 24. Obligation of occupancy-Raiyat to pay rent - An occupancy-Raiyat shall pay rent",
            "chapter": null,
            "content": "for his holding at a fair and equitable rate. \n[24A. Division of holding by partition and distribution of rent thereof. - (1) When \nan occupancy holding has been the subject of partition by an order of a Court \notherwise,-\n\n(a) the division of the said holding made in accordance with such partition shall be \nbinding on the landlord; \n \n(b) if notice in writing of the partition and the distribution of the rent has been served on \nthe landlord in the prescribed form and in the prescribed manner, such distribution of \nthe rent shall be binding on the landlord : \n \nProvided that the landlord may, if he objects to such distribution by an order of a Court \nor otherwise, if the parties to the distribution of the rent of the holding. \n(2) When an occupancy holding has been the subject of partition by an order of a Court \nor otherwise, if the parties to the partition are unable to distribute the rent of the holding \nby agreement, any of them may apply to the Deputy Commissioner to distribute the rent \nof the holding. \n(3) (a) On receipt of an application under the proviso to clause (b) of subsection (1) or \nunder sub-section (2), the Deputy Commissioner shall serve on the parties interested, \nother than the applicant, a notice of the date on which he intends to hear t he \napplication. \nExplanation. - For the purpose of this clause, the landlord shall be deemed to be a party \ninterested in an application under sub-section (2). \n \n(b) After serving the notice required by clause (a) and hearing the parties and holding \nsuch inquiry as he thinks fit, the Deputy Commissioner shall distribute the rent of the \nholding in such manner as he considers fair and equitable and his decision shall be \nfinal. \n \n(4) The order of the Deputy Commissioner under sub-section (3) shall take effect on an \napplication under t he proviso to clause (b) of sub-section (1) from the date of the \npartition and, on an application under su b-section (2) from such date as the Deputy \nCommissioner may specify in his order. \n(5) The Deputy Commissioner shall have power to award costs to any party to any \nproceeding under this Section, and any sum ordered to be paid as costs shall be \nrecoverable from the party by whom it is payable as a public demand payable to the \nDeputy Commissioner. \n\n(6) The Deputy Commissioner shall pay any sum recovered as costs by him under sub- \nsection (5) to the party to whom such costs are payable.] \n \nEnhancement of Rent",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "25",
            "title": "Section 25. Presumption that rent of occupancy-Raiyat is fair and equitable. - The rent for",
            "chapter": null,
            "content": "the time being payable by an occupancy-Raiyat shall be presumed to be fair and \nequitable until the contrary is proved.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "26",
            "title": "Section 26. Confirmation of rents enhanced prior to commencement of this Act. - When",
            "chapter": null,
            "content": "the rent of an occupancy-Raiyat whose rent is liable to enhancement has been \nenhanced before the commencement of this Act otherwise than under Section 24 of the \n[Chota Nagpur Landlord] and Tenant Procedure Act [1879] (Ben. Act I of 1879), such \nenhanced rent shall be deemed to be lawfully payable,-\n\n(a) if it has been actually paid continuously for seven years before the commencement \nof this Act; and \n \n(b) if it is not proved to be unfair and inequitable: \n \nProvided that where the rent lawfully payable by an occupancy-Raiyat for his holding \nhas been made an issue in any suit for arrears of rent, and the Court has arrived at a \nfinding on that issue, the rent to be found shall be deemed to be lawfully payable by the \nRaiyat or the holding.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "27",
            "title": "Section 27. Methods in which rent of occupancy-Raiyat may be enhanced. - (1) From and",
            "chapter": null,
            "content": "after the commencement of this Act,- \n \n(a) in any area for which record-of-rights has not been prepared and finally published \nunder this Act or under any law in force before the commencement of this Act, or for \nwhich an order has not been issued under this Act or under any law in force before the \ncommencement of this Act for the preparation of such a record, the money-rent of an \noccupancy-Raiyat whose rent is liable to enhancement may be enhanced only by order \nof the Deputy Commissioner passed under Section 29, and \n \n(b) in any area for which a record-of-rights has been prepared and finally published as \naforesaid, or for which an order has been issued as aforesaid for the preparation of \nsuch a record of the money-rent of an occupancy-Raiyat whose rent is l iable to \nenhancement may be enhanced only; \n \n(i) in cases referred to in Section 62, Section 94 or Section 99, by order of the Deputy \nCommissioner passed under Section 29, and \n \n(ii) in other cases, by order of a Revenue Officer passed under Chapter XII. \n \n(2) No enhancement of such rent made after the commencement of this Act in any \nmanner other than that referred to in clause (a) or clause (b), as the case may be, \nwhether by private contract or otherwise shall for any reason be recognised or given \neffect to in any suit or proceeding in any Court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "28",
            "title": "Section 28. Contents of application to Deputy Commissioner for enhancement - (1) Every",
            "chapter": null,
            "content": "application to the Deputy Commissioner for the enhancement of the rent of an \noccupancy holding shall specify,- \n \n(a) such particulars as may be prescribed regarding the area, situation, local names, \nquality and boundaries of the parcels of land constituting the holding; \n \n(b) t he rates of rent (if any) p ayable by Raiyat for t he different classes of land \nconstituting the holding and the yearly rent payable for the holding at the date of the \napplication; \n \n(c) the rates (if any) generally prevailing in the village for corresponding classes of land;\n\n(d) the date (as nearly as it can be ascertained) when the rates of rent generally \nprevailing were last adjusted in the village; \n \n(e) the rates which the applicant desires to claim; and \n \n(f) the grounds on which the applicant considers that he is entitled to the enhancement \nclaimed. \n \n(2) Sections 146 to 149 shall apply to every application made under this Section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "29",
            "title": "Section 29. Procedure on receipt of such application - (1) When any such application has",
            "chapter": null,
            "content": "been received, the Deputy Commissioner,- \n \n(a) shall forthwith give notice of the contents thereof to the Raiyat, and \n \n(b) may if he thinks fit, order a measurement of the land, and \n \n(c) may, upon consideration of all the circumstances set forth in the application, and \nafter hearing any objection advanced by the Raiyat by order, fix such enhanced rent, or \notherwise vary the rent for the said land, as to him may seem fair and reasonable : \n \nProvided that no enhancement shall be ordered except on one or more of the following \ngrounds, namely:- \n \n(i) that the rate of rent paid by the Raiyat is below the prevailing rate paid by occupancy- \nRaiyats for land of similar quality and with similar advantages [in the same village or in \nthe neighbouring villages, and that there is no sufficient, reason for his holding at so low \na rate;] \n \n(ii) that there has been a rise in the average local prices of staple food-crops during the \ncurrency of the present rent; \n \n\n(iii) that the productive powers of the land held by the Raiyat have been increased by an \nimprovement effected during the currency of the present rent, otherwise than by the \nagency or at the expense of the Raiyat: \n \nProvided also that no enhancement shall be ordered which is, under the circumstances \nof the case, unfair or inequitable : \nProvided further that all enhancement shall be limited in the prescribed manner (if any). \n(2) The rent as fixed or varied under sub-section (1) shall be payable by the said Raiyat \nfrom the commencement of the agricultural year following the year in which the order is \npassed, and may be recovered in any suit instituted against him for arrears of rent. \n(3) Nothing in this Section shall bar the right of a Raiyat to claim at any time under \nSection 34 a reduction of the rent previously paid by him.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "30",
            "title": "Section 30. Power to di rect g radual enhancement - Where the Deputy Commissioner",
            "chapter": null,
            "content": "considers that the immediate enforcement of the full enhancement ordered under \nSection 29 is likely to be attended with hardship, he may direct that the enhancement\n\nshall be gradual; that is to say, that the rent shall increase yearly by degrees, for any \nnumber of years not exceeding five, until the limit of the full enhancement has been \nreached. \n \nIncrease of Rent in Respect of Excess Area",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "31",
            "title": "Section 31. Application for increase of rent in respect of land held in excess of the area",
            "chapter": null,
            "content": "for which r ent was previously paid - (1) Where the land is held by an occupancy- \nRaiyat in excess of the area for which rent has previously been paid by him, no increase \nshall be made to the rent payable by him except by order of a Revenue Officer passed \nunder Ch apter XII or by order of the Deputy Commissioner passed on an application \nmade to him by the landlord. \n(2) Every such application shall specify,- \n \n(a) the yearly rent payable by the Raiyat at the date of the application; \n \n(b) the area and description of the land for which the said rent is payable; \n(c) the proceedings (if any) by which the said rent was fixed; \n(d) the general rate prevailing in the village for corresponding classes of lands; \n \n(e) the date (as nearly as it can be ascertained) when the said general rate was last \nadjusted in the village; \n \n(f) the area and description of the land held in excess of the area for which rent has \npreviously been paid, and in respect of which an increase of rent is claimed; or, if the \nlandlord is unable to indicate any particular land as being held in excess, then the area \nalone; \n \n(g) the amount of the said increase; \n \n(h) the manner in which the said increase has been, or should be assessed; and \n \n(i) any other prescribed particulars. \n\n \n(3) If a survey and record-of-rights have been made under this Act, or under any other \nlaw in force before the commencement of this Act, in respect of any land referred to in \nclause (b) or clause (f) of sub-section (2), the \"area and description\" required by those \nclauses, respectively, shall be specified by stating the plot number, area and class of \neach field included in the land, as shown by such survey and record. \n(4) Sections 146 to 149 shall apply to every application made under this Section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "32",
            "title": "Section 32. Procedure on receipt of such application - (1) When any such application has",
            "chapter": null,
            "content": "been received, the Deputy Commissioner,- \n \n(a) s hall forthwith give notice of the contents thereof to t he Raiyat, and\n\n(b) shall refer to the entry (if any) relating to the tenancy in the record-of-rights prepared \nunder this Act or any other law for the time being in force; and \n \n(c) may, if he thinks fit, order a measurement of the land held by the Raiyat, and \n \n(d) may, upon consideration of all the circumstances set forth in the application, and \nafter hearing any objection advanced by the Raiyat and making such further inquiry as \nthe Deputy Commissioner may think necessary, order such  an increase, whether \nprogressive or otherwise, as he may consider to be fair and reasonable: \n \nProvided that if the landlord proves that at the time when the measurement on which the \nclaim is based was made, there existed in the estate or tenure or part hereof in which \nthe holding is sit uate a  practice or measuring land before s etting rents, the Deputy \nCommissioner may presume that the area of the holding as entered in any lease or \ncounterpart engagement or (where there is any entry of area in a counterfoil receipt \ncorresponding to the entry of the rent-roll) in the rent-roll relating to the holding was so \nentered after measurement: \nProvided also that an increase of rent shall not be ordered where it would contravene \nany local custom or usage prohibiting an increase of rent in respect of the increase in \narea of a holding. \n(2) When any increase has been so ordered, it shall be payable from the \ncommencement of the agricultural year following that in which the order is passed, and \nmay be recovered from the Raiyat in any suit instituted against him for arrears of rent.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "33",
            "title": "Section 33. Savings - Nothing in Sections 31 and 32 shall prohibit a landlord from realising,-",
            "chapter": null,
            "content": "(a) increased rents from a Raiyat for separate parcels of land settled with him in any \nmanner authorised by law, order; \n \n[(b) rents assessed under Section 67-A on land converted into Korkar,] \nReduction of Rent \n[33A. Reduction of rent. - The Deputy Commissioner may reduce the rent of an \noccupancy holding on any of the following grounds : \n \n\n(a) that the rent of the holding has been enhanced under Section 29 on one or both of \nthe grounds specified in clause (i) and clause (ii) of the proviso to sub-section (1) of that \nSection at any time between the first day of January, 1911 and the thirty-first day of \nDecember, 1936; \n \n(b) that the rent of the holding was commuted under Section 61, at any time between \nthe first day of January, 1911 and the thirty-first day of December, 1936; \n \n(c) that the soil of a portion or the whole of such holding has, without the fault of the \nRaiyat, become temporarily or permanently deteriorated by a deposit of sand, by \nsubmersion under water or by any other sp ecific c ause, sudden or gradual;\n\n(d) that the landlord of such holding has failed to carry out the arrangements in respect \nof irrigation which he is bound to maintain; \n \n(e) that there has been a fall, not due to a temporary cause, in the average local prices \nof staple food-crops during the currency of the present rent; \n \n(f) that the land held by the Raiyat is of less area than the area for which rent has \npreviously been [payable by him,]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "34",
            "title": "Section 34. Application to Deputy Commissioner for reduction of rent - (1) Any occupancy-",
            "chapter": null,
            "content": "Raiyat wishing to claim a reduction of the rent previously paid by him may present an \napplication to the Deputy Commissioner to assess the rent on the land in respect of \nwhich such reduction is sought and (if necessary) to measure the land: \n[Provided that no application for a reduction of rent under clause (a) or clause (b) of \nSection 33-A shall be entertained unless it is filed within a period of two years from the \ndate on which Section 5 of the Chota Nagpur Tenancy (Amendment) Act, 1938 (Bihar \nAct 2 of 1938) comes into force], \n(2) Every such application shall specify,- \n \n(a) the yearly rent payable by the Raiyat at the date of the application; \n \n(b) the area and description of the land for which the said rent is payable; \n(c) the proceedings (if any) by which the said rent was fixed; \n(d) the general rate prevailing in the village for corresponding classes of lands; \n \n(e) the date (as nearly as it can be ascertained) when the said general rate was last \nadjusted in the village; \n \n(f) the amount of reduction claimed; \n \n(g) the grounds on which such reduction is claimed; and \n \n(h) any other prescribed particulars. \n\n \n(3) Sections 146 to 149 shall apply to every application made under this Section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "35",
            "title": "Section 35. Procedure on receipt of such application - (1) When any such application has",
            "chapter": null,
            "content": "been received, the Deputy Commissioner,- \n \n(a) shall forthwith give notice of the contents thereof to the landlord; and \n \n(b) may, if he thinks fit, order a  measurement of land; and\n\n(c) may, upon consideration of all the circumstances set forth in the application, and \nafter hearing any objection advanced by landlord by order [fix a reduced rent for the \nholding] as to him may seem fair and reasonable: \n \n[Provided that- \n \n(i) if a reduction is claimed under clause (a) of Section 33-A, the entire enhancement \nshall be cancelled; \n \n(ii) if a reduction is claimed under clause (b) of Section 33-A, the reduced rent shall bear \nto the previous rent the same proportion as the current prices bear to the average prices \nduring the decennial period immediately preceding the time when the rent was \ncommuted; \n \n(iii) if a reduction is claimed under clause (c) of Section 33-A, the Deputy Commissioner \nmay order partial or entire remission of the rent and shall fix a period during which the \nreduced rent shall be paid or during which the entire rent shall be remitted, and may at \nany time, before the expiration of the said period revise his order if he is satisfied that \nthe soil of the holding has become fit for cultivation; \n \n(iv) if a reduction is claimed under clause (d) of Section 33-A, the Deputy Commissioner \nmay at any time revise his order fixising a reduced rent if he is satisfied that the landlord \nhas restored the arrangements in respect of irrigation which he is bound to maintain; \n \n(v) if a reduction is claimed under clause (e) of Section 33-A, the reduced rent shall bear \nto the previous r ent the same proportion as the current prices bear to the prices \nprevailing,- \n \n(1) at the time when the previous rent first became payable, or \n \n(2) if the previous rent first became payable before the preparation of a record-of-rights \nunder Ch apter XII and landlord is unable to prove to the satisfaction of the Deputy \n\nCommissioner when the previous rent became payable at the time when a record-of- \nrights was first prepared in respect of the holding.] \n \n[(2) An order of the Deputy Commissioner under sub-section (1) shall take effect from \nsuch date as may be specified in the order.] \n(3) Nothing in this Section shall bear the right of the landlord to claim at any time an \nenhancement under Section 29 of the rent of such Raiyat. \n \nBar to further Enhancement or Reduction of Rent",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "36",
            "title": "Section 36. Bar to further enhancement or reduction of r ent where there is no record-of-",
            "chapter": null,
            "content": "rights. - (1) When the rent of an occupancy holding in any area referred to in clause (a) \nof Section 27 has been enhanced by order of the Deputy Commissioner passed under \nSection 29, such rent shall not again be enhanced for a period of fifteen years except. -\n\n(a) by order of the Deputy Commissioner, on the ground of landlord's improvement; or \n \n(b) by order of a Revenue Officer, passed under Chapter XII. \n \n(2) When the rent of an occupancy holding in any such area has been reduced by order \nof the Deputy Commissioner under [Section 35] such rent shall not again be reduced for \na period of fifteen years, except,- \n \n(a) by order of the Deputy Commissioner on one of the grounds specified in [clauses \n(c), (d) and (f) of Section 33-A], or \n \n(b) by order of a Revenue Officer passed under Chapter XII. \nChapter V \nRaiyat Having khunt-katti Rights",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "37",
            "title": "Section 37. Incidents of tenancy of Raiyats having khunt-katti rights - The provisions of the",
            "chapter": null,
            "content": "Act relating to occupancy-Raiyats shall apply also to Raiyat having 'khunt-katti' rights: \nProvided as follows :- \n \n(a) s ubject to any written contract made at the time of the commencement of his \ntenancy the rent payable by a Raiyat having 'khunt-katti' rights, for land in respect of \nwhich he has such rights shall not be enhanced if his tenancy of such land was created \nmore than twenty years before the commencement of this Act; and \n \n(b) when an order is made for the enhancement of the rent payable by a Raiyat having \nKhunt-kattir rights, for any land in respect of which he has such rights, the enhanced \nrent fixed by such order shall not exceed one-half of the rent payable by an occupancy \nRaiyat for land of a similar description with similar advantage in the same village. \n \nChapter VI \n \nNon-Occupancy Raiyats",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "38",
            "title": "Section 38. Initial rent and lease of non-occupancy-Raiyat - Subject to any local custom or",
            "chapter": null,
            "content": "usage, a non-occupancy-Raiyat shall, when admitted to the occupation of land, become \nliable to pay such rent as may be agreed on between himself and his landlord at the \ntime of his admission, and shall be entitled to a lease only at such rates and on such \nconditions as may be so agreed on.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "39",
            "title": "Section 39. Effect of acquisition by landlord of the right of a non-occupancy-Raiyat in his",
            "chapter": null,
            "content": "holding - The provisions of Section 20 shall apply in the case of the right of a non- \noccupancy-Raiyat in his holding in the same way that they apply to an occupancy- \nRaiyat.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "40",
            "title": "Section 40. Conditions of enhancement of rent of non-occupancy-Raiyat - The rent of non-",
            "chapter": null,
            "content": "occupancy Raiyat shall not be enhanced except by registered agreement or by \nagreement under Section 42.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "41",
            "title": "Section 41. Grounds on which non-occupancy Raiyat may be rejected - A non-occupancy",
            "chapter": null,
            "content": "Raiyat shall-subject to the provisions of this Act, be liable to ejectment on one or more \nof the following grounds, and not otherwise, namely :- \n \n(a) on the ground that he has failed to pay an arrear of rent [for two agricultural years \nwithin ninety days after the commencement of the third agricultural year;] \n \n(b) on the ground that he has used the land comprised in his holding in a manner which \nis not authorised by local custom or usage or which materially impairs the value of the \nland or renders it unfit for the purposes of the tenancy; \n \n(c) on the ground that he has broken a condition consistent with this Act, on breach of \nwhich he is, under the terms of a contract between himself and his landlord, liable to be \nrejected; \n \n(d) where he has been admitted to occupation of the land under a registered lease, on \nthe ground that the terms of the lease has expired; \n \n(e) on the ground that he has r efused to agree to pay a f air and equitable rent \ndetermined under Section 42, or that the term for which he is entitled to hold at such a \nrent has expired.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "42",
            "title": "Section 42. Conditions of ejectment on ground  of r efusal to agree to pay a fair and",
            "chapter": null,
            "content": "equitable rent - (1) A suit for ejectment on the ground of refusal to agree to pay a fair \nand equitable rent shall not be instituted against a non-occupancy Raiyat unless the \nlandlord has tendered to the Raiyat an agreement to pay the rent which he demands \nand the Raiyat has within six months before the institution of the suit, refused to execute \nthe agreement. \n[(2) A landlord desiring to tender an agreement to a Raiyat under this section shall file it \nin the office of the Deputy Commissioner for service on the Raiyat.] \n\n(3) When an agreement has been filed under [*  * *] sub-section (2), the Deputy \nCommissioner shall forthwith cause it to be served on Raiyat in the manner prescribed \nunder Section 264 for the service of notices. \n(4) When an agreement has been served on a Raiyat under sub-section (3) [* * *] the \nagreement shall, for the purposes of this Section, be deemed to have been tendered. \n(5) If a Raiyat on whom an agreement has been served under sub-section (3) [* * *] \nexecutes it, and within one month from the date of receipt files it in the office of the \nDeputy Commissioner, it shall take effect from the commencement of the agricultural \nyear next following. \n(6) When an agreement has been executed and filed by Raiyat under subsection (5), \nthe Deputy Commissioner shall forthwith cause a notice of its being so executed and \nfiled to be served on the landlord.\n\n(7) If the Raiyat does not execute the agreement and files it under sub-section (5), he \nshall be deemed, for the purposes of this section to have refused to execute it. \n(8) If a Raiyat refuses to execute an agreement tendered to him under this Section, and \nthe landlord thereupon institutes a suit to eject him, the Deputy Commissioner shall \ndetermine what rent is fair and requitable for the holding. \n(9) If the Raiyat agrees to pay the rent so determined, he shall be entitled to remain in \noccupation of his holding at that rent for a term of five years from the date of the \nagreement, but on the expiration of that term shall be liable to ejectment on the second \nground mentioned in clause (e) of Section 41, unless he has acquired a right of \noccupancy. \n(10) If the Raiyat does not agree to pay the rent so determined, the Deputy \nCommissioner shall pass a decree for ejectment. \n(11) In determining what rent is fair and equitable, the Deputy Commissioner shall have \nregard to the rents generally paid by non-occupancy Raiyat for l and of a similar \ndescription and with like advantages in the same village and (if the Deputy \nCommissioner thinks fit) in adjoining villages. \n \nChapter VII \n \nLands Exempted From Chapters IV and VI",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "43",
            "title": "Section 43. Bar to acquisition of right of occupancy in, and to application of Chapter VI to",
            "chapter": "Chapter VI",
            "content": "landlords' privileged lands and certain other  lands - Notwithstanding anything \ncontained in Chapter IV, a right of occupancy shall not be acquired in, nor shall anything \ncontained in Chapter VI [or in Sections 64 to 66] apply to- \n \n(a) landlord's privileged lands referred to in clause (a) of Section 118, when they are \nheld by a tenant on a registered lease for a term [exceeding one year or on a lease, \nwritten or oral, for a period of one year or less], or \n \n(b) landlords' privileged lands referred to in clause (b) of Section 118, or \n \n\n(c) land acquired under the Land Acquisition Act, 1894 (1 of 1894) for [any Government] \nor any local authority or Railway Company or land belonging to the [Government] within \na cantonment while such land remains the property of the [Government] or of any local \nauthority or Railway Company, [or] \n \n[(d) land belonging to the Government or to any local authority or to  any Corporation \nconstituted under any law for the time being in force for the promotion of public health of \nthe agricultural, i ndustrial, economic or general well-being of the people in any area \nwhich is used for any public work, such as a road, canal embankment, dam or reservoir, \nor is acquired for the repair or maintenance of the same while such land continues to be \nso used or required.] \n \nChapter V II-A\n\n[* * *] \n \nChapter VIII \n \nLeases and Transfers of Holdings and Tenures",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "44",
            "title": "Section 44. Raiyat entitled to a lease - Every Raiyat shall be entitled to receive from his",
            "chapter": null,
            "content": "landlord a lease containing the following particulars, namely :- \n \n(a) the quantity and boundaries of the land comprised in his holding and where fields \nhave been numbered in a Government survey the number of each field; \n \n(b) the amount of yearly rent payable for such land; \n(c) the instalments in which the rent is to be paid; \n(d) if the rent is payable wholly or partially in kind, the proportion or quantity of produce \nto be delivered, and the time and manner of delivery; and \n \n(e) any special conditions of the lease.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "45",
            "title": "Section 45. Landlord entitled to counterpart engagement - Whenever a landlord grants a",
            "chapter": null,
            "content": "lease to a tenant, or tenders to a tenant a lease such as he is entitled to receive, the \nlandlord shall be entitled to receive from such tenant a counterpart engagement in \nconformity with the terms of the lease. \n[46. Restrictions on transfer of their right by Raiyat. - (1) No transfer by a Raiyat of \nhis right in his holding or any portion thereof,- \n \n(a) by mortgagte or lease for any period expressed or implied which exceeds or might in \nany possible event exceed five years, or \n(b) by sale, gift or a ny other contract or a greement, shall be valid to any extent: \nProvided that a Raiyat may enter into a 'bhugut bundha' mortgage of his holding or any \nportion thereof for any period not exceeding seven years or if the mortgagee be a \n\nsociety registered or deemed to be registered under the 'Bihar and Orissa Co-operative \nSocieties Act, 1935 (B&O Act VI of 1935) for any period not exceeding fifteen years:] \nProvided further that,- \n \n(a) an occupancy-Raiyat, who is [a member of the Scheduled Tribes] may transfer with \nthe previous sanction of the Deputy Commissioner his right in his holding or a portion of \nhis holding by sale, exchange, gift or will to [another person, who is a member of the \nScheduled Tribes and], who is a resident within the local limits of the area of the police \nstation within which the holding is sit uate;\n\n(b) an occupancy-Raiyat, who is a member of the [Scheduled Castes or B ackward \nClasses] may transfer with the previous sanction of the Deputy Commissioner his right \nin his holding or a portion of his holding by sale, exchange, gift, will or lease to another \nperson, who is a member of the [Scheduled Castes or, as the case may be, Backward \nClasses] and who is a resident within the local limits of the district within which the \nholding is situate [* * *]; \n \n[(c) any occupancy-Raiyat may, transfer his right in his holding or any portion thereof to \na society or bank registered or deemed to be registered under the 'Bihar and Orissa Co- \noperative Societies Act, 1935 (Bihar and Orissa Act VI of 1935), or to the State Bank of \nIndia or a bank specified in column 2 of the First Schedule to the Banking Companies \n(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or to a company or a \ncorporation owned by, or in which less than fifty-one per cent of the share capital is held \nby the State Government or the Central Government or partly by the State Government, \nand partly by the Central Government, and which has been set up with a view to provide \nagricultural credit to cultivators; and (d) any occupancy-Raiyat, who is not a member of \nthe Scheduled Tribes, Scheduled Castes or Backward classes, may, transfer his right in \nhis holding or any portion thereof by sale, exchange, gift, will, mortgage or otherwise to \nany other person.] \n \n(2) A transfer by a Raiyat of his right in his holding or any portion thereof under sub- \nsection (1) shall be binding on the landlords. \n(3) No transfer of contravention of sub-section (1), shall be registered or shall be in any \nway recognised as valid by any Court, whatever in exercise, of civil, criminal or revenue \njurisdiction. \n[(3-A) Notwithstanding anything contained in any other law for the time being in force, \nthe Deputy Commissioner shall be a necessary party in all suits of a civil nature relating \nto any holding or portion thereof in which one of the parties to the suits is a member of \nthe Scheduled Tribes and the other party is not a member of the Scheduled Tribes.] \n(4) At any time within three years after the expiration of the period or which a Raiyat has \nunder clause (a) of sub-section (1) transferred his right in his holding or any portion \nthereof, the Deputy Commissioner shall on the application of the Raiyat put the Raiyat \ninto possession of such holding or portion in the prescribed manner. \n\n[(4-A) (a) The Deputy Commissioner may, of his own motion or on an application filed \nbefore him by an occupancy-Raiyat, who is a  member of the Scheduled Tribes, for \nannulling the transfer on the ground that the transfer was ma de in contravention of \nclause (a) of the second proviso to sub-section (1), hold an inquiry in the prescribed \nmanner to determine if the transfer has been made in contravention of clause (a) of the \nsecond proviso to sub-section (1): \nProvided that no such application be entertained by the Deputy Commissioner unless it \nis filed by the occupancy-tenant within a period of twelve years from the date of transfer \nof his holding or any portion thereof: \nProvided further that before passing any order under clause (b) or clause (c) of this sub- \nsection, the Deputy Commissioner s hall give the parties concerned a reasonable \nopportunity to be heard in the matter.\n\n(b) If after holding the inquiry referred to in clause (a) of this sub-section, the Deputy \nCommissioner finds that there was no contravention of clause (a) of the second proviso \nto sub-section (1) in making such transfer, he shall reject the application and may award \nsuch costs to the transferee to be paid by the transferor as he may, in the \ncircumstances of the case, deem fit. \n \n(c) If after holding the inquiry referred to in clause (a) of this sub-section, the Deputy \nCommissioner finds that such transfer was made in contravention of clause (a) of the \nsecond proviso to sub-section (1), he shall annul the transfer and eject the transferee \nfrom such holding or portion thereof, as the case may be and put the transferor in \npossession thereof: \n \nProvided that if the transferee has constructed any building or structure, such holding or \nportion thereof, the Deputy Commissioner shall, if the transferor is not willing to pay the \nvalue of the same, order t he transferee to remove the same within a period of six \nmonths from the date of the order, or within such extended time not exceeding two \nyears from the date of the order as the Deputy Commissioner may allow failing which \nthe Deputy Commissioner may get such building or structure removed: \nProvided further that where the Deputy Commissioner is satisfied that the transferee \nhas constructed a substantial structure or building on such holding or portion thereof \nbefore the commencement of the Chota Nagpur Tenancy (Amendment) Act, 1969 \n(President's Act 4 of 1969) he may, notwithstanding any other provisions of this Act, \nvalidate such a transfer made in contravention of clause (a) of the second proviso to \nsub-section (1), if the transferee either makes available to the transferor an alternative \nholding or portion of a holding, as the case may be, of the equivalent value, in the \nvicinity or pays adequate compensation to be determined by the Deputy Commissioner \nfor rehabilitation of the transferor. \nExplanation. - In this Section \"substantial structure or building\" means the structure or \nbuilding of the value exceeding five thousand rupees on the date of holding inquiry, but \nit does not include such structure or building of any value the materials of which cannot \nbe removed without incurring substantial depreciation in its value.] \n(5) Nothing in this Section shall affect the validity of any transfer (of otherwise invalid) of \na Raiyats right in his holding or any portion thereof made bona fide before the first day \n\nof January 1908 in the Chota Nagpur Division except the district of 'Manbhum', or \nbefore the first day of Januaury 1909, in the district of 'Manbhum'. \n[(6) In this Section [and in Section 47],- \n \n(a) \"Scheduled Casted\" means such castes, races or tribes as are specified in Part II of \nthe Scheduled to the Constitution (Scheduled Castes) Order, 1950; \n \n(b) \"Scheduled Tribes\" means such tribes or tribal communities or parts of or groups \nwithin such tribes or tribal communities as are specified in Part II of the Scheduled to \nthe Constitution (Scheduled Tribes) Order, 1950; and\n\n(c) \"Backward classed\" means such classes of citizens as may be declared by the State \nGovernment, by notification in the Official Gazette, to be socially and educationally \nbackward.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "47",
            "title": "Section 47. Restriction on sale of Raiyat's right under order of Court - No decree or order",
            "chapter": null,
            "content": "shall be passed by any Court for the sale of the right of 'Raiyat in his holding [or any \nportion thereof] nor shall any such right be sold in execution of any decree or order : \nProvided as follows :- \n \n(a) any holding [or portion of holding] may be sold, in execution of a decree of a \ncompetent Court, to recover an arrear of rent which has accrued in respect of the \nholding; \n \n(b) any holding [or portion of a holding] may be sold, under the procedure provided by \n[the Bihar and Orissa Public Demands Recovery Act, 1914 (B&O Act 4 of 1914] for the \nrecovery of a loan granted [* * *] under the Land Improvement Loans Act, 1883 (19 of \n1883), or the Agriculturist Loans Act, 1884 (12 of 1884) or otherwise by the [State] \nGovernment; \n \n[(bb) any holding or p ortion of a holding, belonging to any occupancy-Raiyat may be \nsold, under the procedure provided by the Bihar and Orissa Public Demands Recovery \nAct, 1914 (Bihar and Orissa Act IV of 1914), for t he recovery of loan granted by a \nsociety or bank registered or deemed to be registered under the Bihar and Orissa Co- \noperative Societies Act, 1935 (Bihar and Orissa Act VI of 1935), or by the State Bank of \nIndia or a bank specified in column 2 of the First Schedule to the Banking Companies \n(Acquisition and Transfer of Undertaking) Act, 1970 (5 of 1970) or by a company or a \ncorporation owned or in by which not less than fifty-one per cent of the share capital is \nheld by the State Government or the Central Government or partly by the State \nGovernment and partly by the Central Government and which has been set up with a \nview to provide agricultural cre dit to cultivators s o, however, t hat if such holding or \nportion thereof belongs to a member of the Scheduled Tribes or Scheduled Castes, it \nshall not be sold to any person, who is not a member of the Scheduled Tribes, or as the \ncase may be, of the Scheduled Castes.] \n \n\n(c) Nothing in this Section shall affect the right to execute a decree for sale of a holding \npassed, or the terms of conditions of any contract registered before the first day of \nJanuary, 1903 [* * *] \n \n[* * * * *] \n \nExplanation I. - Where a holding is held under joint landlords, 6[and a decree has been \npassed for the share of the rent due to one or more, but not all, of them, proviso (a) \ndoes not authorise the sale of the holding [or any portion of the holding] in execution of \nsuch decree. \nExplanation II. - Proviso (c) does not render valid any document which is otherwise \nillegal or invalid, or authorise a Court to take judicial cognizance of any such document.\n\n[48. Restrictions on the transfer of Bhuinhari tenure. - (1) A member of a 'Bhuinhari \nfamily may transfer any 'Bhuinhari tenure as defined in the Chota Nagpur Tenures Act, \n1869 (Ben. Act 2 of 1869) which is held by him or any portion thereof in the same \nmanner and to the same extent as an aboriginal 'Raiyat may transfer his right in his \nholding under clauses (a) and (b) of sub-section (2) of Section 46.] \n(2) The [State] Government may make rules permitting a member of a 'Bhuinhari family \nholds any 'Bhuinhari tenure to transfer such tenure or any portion thereof by sale, gift, \nexchange or will subject to such restrictions and conditions as may be specified in the \nsaid rules. \n(3) Save as provided in sub-section (1) or in any rules made under sub-section (2), a \ntransfer of a 'Bhuinhari tenure or any portion thereof shall not be valid to any extent. \n(4) If a member of a 'Bhuinhari family transfers any 'Bhuinhari tenure which is held by \nhim or any portion of such tenure in contravention of the provisions of this Section or on \nthe expiration of the period for which any such member has transferred his 'Bhuinhari \ntenure or any portion thereof in accordance with the provisions of this Section or any \nrules made thereunder, the Deputy Commissioner may, of his own motion or on the \napplication of such member, eject the transferee and place such member in possession \nof the said 'Bhuinhari tenure or portion at any time within twelve years from the date of \nthe transfer, or from the expiration of the period of the transfer, as the case may be. \n[Provided that a member of the Bhuinhari may transfer by a simple mortgage his right in \nhis tenancy or any portion thereof with a view to raising loan for agricultural purposes to \na society or bank registered or deemed to be registered under the Bihar and Orissa Co- \noperative Societies Act, 1935 (Bihar a nd Orissa Act VI of 1935) or to  a Company or \nCorporation owned by, or in which not less than fifty-one per cent of the share capital is \nheld by the State Government or Central Government or partly by the State \nGovernment and partly b^the Central Government and which has been set up with a \nview to providing agricultural credit to cultivators.] \n(5) A member of a 'Bhuinhari family, who holds land in any village in which a 'Bhuinhari \ntenure as defined in the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869) is \nsituated may transfer such land in the same manner and to t he same extent as an \noccupancy 'Raiyat transfers his right in his holding under sub-section (3) of Section 46, \nand sub-section (4) of this Section shall apply to such land in the same way as it applies \nto a 'Bhuinhari tenure. \n\n(6) If any member of a 'Bhuinhari family transfers his 'Bhuinhari tenure or any portion \nthereof by a lease, the lessee shall not acquire a right of occupancy therein. \n[48A. Restriction on the sale of Bhuinhari tenure. - (1) No decree or order shall be \npassed by any Court for the sale of the right of a member of a Bhuinhari family in his \nBhuinhari-tenure, nor shall any such right be sold in execution of any decree or order. \n(2) A  decree for arre ars of rent due in respect of any Bhuinhari-tenure held by a \nmember of a Bhuinhari family may be executed by the attachment and sale of the \nproduce of the land comprised in the tenure or by sale of other movable property of the \njudgement-debtor and not otherwise.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "49",
            "title": "Section 49. Transfer of occupancy-holding or Bhuinhari-Tenure for certain purposes - [(1)",
            "chapter": null,
            "content": "Notwithstanding anything contained in Sections 46, 47 and 48 any occupancy Raiyat or \nany member of a Bhuinhari family, who is referred to in Section 48 may transfer his \nholding or tenure or any part t hereof for t he following purposes,-\n\n(a) in any case, the use of the land for any industrial purposes or for any other purposes \nwhich the State Government may, by ratification declare to be subsidiary thereto or for \naccess to land used or required for any such purpose. \n \n(b) in any case, the use of the land for the purpose of mining or for any other purposes \nwhich the State Government may, by notification, declare to be subsidiary thereto or for \naccess to land used or required for any such purpose. \n \n(2) The transferee in such cases shall not be entitled to use the land so transferred for \nany other purpose except for which it was transferred.] \n(3) Every such transfer must be made by registered deed, and before the deed is \nregistered and the land transferred, the written consent of the Deputy Commissioner \nmust be obtained to the terms of the deed and to the transfer. \n(4) B efore consenting to any such transfer, the Deputy Commissioner sh all satisfy \nhimself that [adequate compensation is tendered to landlord for the loss (if any) caused \nto him by the transfer], and, where only part of a holding or tenure is transferred, may, if \nhe thinks fit, apportion; between the transferee and the original tenant the rent payable \nfor the holding or tenure. \n[* * * * * *] \n[(5) The State Government may, at any time within a period of twelve years from the \ndate on which written consent is given by the Deputy Commissioner in regard to the \ntransfer of any holding or p art thereof belonging to an occupancy-Raiyat, who is a \nmember of the Scheduled Tribes either on its own motion or on an application made to \nit in this behalf set aside such written consent and annul the transfer, if after holding an \ninquiry in the prescribed manner and after giving reasonable opportunity to the parties \nconcerned to be heard it finds that the consent had been obtained in contravention of \nthe provisions of sub-sections (1) and (2) by misrepresentation or fraud, and in case any \nholding or part thereof has been transferred on the basis of such written consent direct \nthe Deputy Commissioner to  take further necessary action under c lause (c) of sub- \nsection 4-A of Section 46.] \n[50. Acquisition of tenure  or holding by landlord for certain pu rposes. - (1) \nNotwithstanding anything contained in Sections 46 and 47, the Deputy Commissioner, \nmay,- \n \n\n(a) on the application of the landlord of a holding and on being satisfied that he is \ndesirous of acquiring the holding or any part thereof for some reasonable and sufficient \npurpose having relation to the good of the holding or of the tenure or estate in which it \ncomprised, such as the use of the land for any charitable, religious or e ducational \npurpose, or for the purpose of manufacture or irrigation, or as building ground for any \nsuch purpose or for access to land used or required for any such purpose, and after \nsuch inquiry as the Deputy Commissioner may think necessary, authorise the \nacquisition thereof by the landlord upon such conditions as the Deputy Commissioner \nmay think fit, and require the tenant to sell his interest in the holding or p art to the \nlandlord upon such terms as may be approved by the Deputy Commissioner, including \ncompensation to the tenant;\n\n(b) on the application of the landlord of a tenure or holding and on being satisfied that \nhe is desirous of acquiring any land within the said tenure or holding for the purpose of \nmining or for any other p urpose which the [State] Government may by notification \ndeclare to be subsidiary thereto or for access to land used or required for such purpose, \nand after such inquiry as the Deputy Commissioner may think necessary, authorise the \nacquisition by landlord of such land or part thereof upon such conditions as the Deputy \nCommissioner may think fit, and require all persons holding interests directly or \nindirectly subordinate to him in the land to sell their interest to the said landlord upon \npayment to every such holder or such compensation as the Deputy Commissioner may \ndetermine. \n \n(2)(a) In determining the compensation to be paid under this Section, the \nDeputy Commissioner shall take into consideration the matter specified in clauses first \nto fifthly of Section 23 of the Land Acquisition Act, 1894 (1 of 1894) and the damage, if \nany, resulting from diminution of the profits of the land between the time of the \npublication of the notice under sub-section (3) and the time when the person making the \napplication under c lause (a) or c lause (b) of sub-section (1) mak es tender of \ncompensation under sub-section (5). \n \n(b) The Deputy Commissioner shall not take into consideration any of the matters \nspecified in clause first to sixthly of Section 24 of the Land Acquisition Act, 1894 (I of \n1894), nor any outlay or i mprovements on, or disposal of, the land acquired \ncommenced, made or effected after the date of the publication of the notice under sub- \nsection (3). \n \n(c)The Deputy Commissioner s hall, in addition to the market value of the land \nascertained in accordance with the provisions of clause (a) of this sub-section, award to \nthe holder of any interest acquired under this Section a sum of 20 percentum on such \nmarket value in consideration of the compulsory nature of the acquisition. \n \n(3) The Deputy Commissioner shall, before holding the inquiry mentioned in clause (a) \nor clause (b) of sub-section (1), give notice in the prescribed manner of the application \nfor acquisition under this Section and of his intention to hold such inquiry, to all persons \nknown or b elieved to be interested in any land proposed to be acquired, and shall \n\nreceive and decide any objection to the proposed acquisition which may be made by \nany person ; \nProvided that if any person, being the owner or lessee of the minerals lying under the \nland proposed for acquisition or under any part thereof, shall so subject to the Deputy \nCommissioner, such land or part thereof, as the case may be shall not be required \nunder clause (b) of sub-section (1): \nProvided also that if the landlord applies for the acquisition of a part of a holding, \nwhether such  part inc ludes the homestead land of the Raiyat or not, the Deputy \nCommissioner shall, if the Raiyat does not wish to retain the remainder of the holding, \nreject the application or acquisition, unless the landlord is willing to acquire the entire \nholding.\n\n(4) On the acquisition under this Section of a part of any tenure or holding, the Deputy \nCommissioner may order such reduction of rent as may be fair and equitable. \n(5) If the landlord making an application under clause (a) or clause (b) of sub-section (1) \ntenders to any person, whose holding or interest or part thereof is being acquired such \nsum as the Deputy Commissioner has determined as compensation under sub-section \n(2) and such person refuses the same, the Deputy Commissioner may, on the landlord \ndepositing the said sum with the Deputy Commissioner, give possession of such \nholding or interest to the landlord in the prescribed manner. \n(6) Any person interested, who has not accepted the award under this Section may, by \nwritten application presented to the Deputy Commissioner within six weeks of the date \nof the award, require that the matter be referred to the principal Civil Court of original \njurisdiction for determination in accordance with the procedure prescribed in Part II of \nthe Land Acquisition Act, 1894 (1 of 1894). \n(7) Nothing herein contained shall enable the Deputy Commissioner to authorise the \nacquisition of any part of a holding whereon a temple, mosque or other pl ace of \nworship, sacred grove, burial or burning ground exists.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "51",
            "title": "Section 51. Tenant not liable to transferee of landlord's interest for rent paid to former",
            "chapter": null,
            "content": "landlord, without notice of the transfer - (1) A tenant shall not, when his landlord's \ninterest is transferred, be liable to the transferee to the tenants, published in the \nprescribed manner, shall be paid in good faith to the landlord whose interest was so \ntransferred unless the transferee has before payment served notice of the transfer on \nthe tenant. \n(2) Where there is more than one tenant paying rent to the landlord whose interest is \ntransferred, a general notice from the transferee to the tenants, published in the \nprescribed manner, shall be a sufficient notice for the purposes of this Section. \n \nChapter IX \n \nGeneral Provisions as to Rent \n \nPresumptions as to fixity of rent \n \n[51A. Presumptions as to fixity of rent. - (1) Where a tenure-holder, village-headman \nor Raiyat and his predecessors-in-interest have held at a rent or rate of rent which has \n\nnot been changed from the time of the permanent settlement, the rent or rate of rent \nshall not be liable to be increased except on ground of an alteration in the area of the \ntenancy. \n(2) If it is proved in any suit, application or proceeding under this Act that either a \ntenure-holder, village-headman or Raiyat and his predecessors-in-interest have held at \na rent or rate of rent which has not been changed during the twenty years immediately \nbefore the institution of the suit, application or proceeding, it shall be presumed, until the \ncontrary is shown that they have held at that rent or rate of rent from the time of the \npermanent settlement: \nProvided that if it is required by or under any enactment that in any local area tenancies, \nor any classes of tenancies, at fixed rents or rates of rent shall be registered as such on, \nor before a date specified by or under the enactment, the foregoing presumption shall\n\nnot after that date apply to any tenancy or, as the case may be, to any tenancy of that \nclass in that local area unless the tenancy has been so registered. \n(3) The operation of this Section, so far as it relates to land held by a Raiyat, shall not \nbe affected by the fact of the land having been separated from other land which formed \nwith it a single holding, or amalgamated with other land into one holding. \n(4) Nothing in this Section shall apply to tenure held for a term of years or determinable \nat the will of the landlord. \n(5) When the particulars mentioned in Section 81, clauses (b) and (k) have been \nrecorded in respect of any tenancy under Chapter XII or, prior to the commencement of \nthis Act, under the provisions of the Bengal Tenancy Act, 1885 (8 of 1885) [as for the \ntime being in force in the area in which the tenancy is situate, the presumption under \nthis Section shall not thereafter apply to that tenancy],",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "52",
            "title": "Section 52. Instalments. - Subject to any registered agreement or local custom or usage to the",
            "chapter": null,
            "content": "contrary, a money-rent payable by a tenant shall be payable in four equal instalments \nfalling due on the last day of each quarter of the agricultural year.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "53",
            "title": "Section 53. Methods of payment of rent. - [(1)] Payment of rent by a tenant to his landlord, in",
            "chapter": null,
            "content": "respect of the land held or cultivated by the tenant may be made either,- \n \n(a) by tendering the rent at the mal-cutcherry for the receipt of rent or other place where \nthe rent of such land is usually payable; or \n \n(b) by remitting the amount of the rent to the landlord or his agent by postal money- \norder in the prescribed form [either direct or through the Deputy Commissioner,] \n \n[(2) Where a tenant (hereinafter referred to in this sub-section as the 'payer') intends to \npay his re nt or a  portion of his re nt by postal money-order t hrough the Deputy \nCommissioner,- \n \n(i) the payer shall remit the amount of such rent or portion of rent, as the case may be, \nto the Deputy Commissioner together with a sum equal to the postal remittance fee to \nenable the Deputy Commissioner to remit the amount to the person described in the \nmoney-order form as the landlord or his agent (hereinafter referred to in this sub-section \nas the 'payee'); \n\n \n(ii) the Deputy Commissioner shall on receipt of the money-order enter the prescribed \nparticulars of all such remittances in a register to be maintained by him in the prescribed \nform and shall cause the money to be remitted to the payee; \n \n(iii) in the event of the payee accepting the money-order the postal acknowledgement \nshall remain in the Deputy Commissioner's office and shall be made over to the payer \non an application made by him in this behalf and if no such application is made, \npreserved for a period of six years; and \n \n(iv) in the event of the payee refusing the money-order, the amount shall remain in \ndeposit with the Deputy Commissioner to the credit of the payee and may, on \napplication be paid to the payee in the prescribed manner, if such application is made\n\nwithin three years from the date of the deposit and if no such application is made by the \npayee within the said period, the amount may, on application, be paid to the payer in the \nprescribed manner. \n \n(3) Where rent is s ent by postal money-order eit her direct  or through the Deputy \nCommissioner, the postal acknowledgement in the case of acceptance and the money- \norder coupon in the case of refusal, duly sealed by the post-office, shall be admissible in \nevidence without formal proof and shall be presumed to be a correct record of \nacceptance or refusal, as the case may be, by the payee unless the contrary is proved.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "54",
            "title": "Section 54. Receipt for rent and interest thereon - (1) Every tenant who makes a payment on",
            "chapter": null,
            "content": "account of rent or interest due thereon, or both to his landlord shall be entitled to obtain \nforthwith from the landlord or his agent, free of charge, a signed receipt for the same, in \nthe prescribed form. \n(2) The landlord or his agent shall prepare and retain a counterfoil, in the prescribed \nform of the receipt. \n[(3) (a) If a landlord or his agent, without reasonable cause fails to grant such a receipt \nor to prepare and retain such a counterfoil, such landlord or his agent, as the case may \nbe shall be punishable with simple imprisonment for a term which may extend to one \nmonth or with fine which may extend to one hundred rupees or both in respect of each \nsuch failure. \n \n(b) An offence under clause (a) shall be bailable and shall be compoundable with the \nleave of the Court and the provisions of the Code of Criminal Procedure, 1898 [(5 of \n1898)] shall apply to the trial of such offence.] \n \n(4) I f, in any suit or other pr oceeding under this Act  or any other law the Court or \npresiding officer (not being the Deputy Commissioner) finds that any landlord or agent \nhas failed,- \n \n(a) to deliver to a tenant a receipt in the prescribed form, \n \n(b) to prepare and retain a counterfoil, in the prescribed form, of a receipt delivered to a \ntenant as aforesaid, such Court or officer shall inform the Deputy Commissioner [who \n\nmay take cognizance of the offence and may either try the case himself or transfer it for \ntrial to a competent Magistrate subordinate to him.] \n \n[* * * * * *]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "55",
            "title": "Section 55. Deposit of rent in the Court of Deputy Commissioner - In any of the following",
            "chapter": null,
            "content": "cases, namely,- \n \n(a) when a tenant tenders or remits money on account of rent, and the landlord or his \nagent refuses to receive it or refuses to grant a receipt for it; or \n \n(b) when a tenant who is bound to pay money on account of rent has reason to believe, \nowing to a tender having been refused or a receipt withheld on a previous occasion, that\n\nthe landlord or his agent will not be willing to receive it and to grant him a receipt for it; \nor \n \n(c) when the rent is payable to co-sharers jointly, and the tenant is unable to obtain the \njoint receipt of the co-sharers for the money and no person has been empowered to \nreceive the rent on this behalf; or \n \n(d) when the tenant entertains a bona fide doubt as to who is entitled to receive the rent; \n \nthe tenant, whether a suit has been instituted against him or not, may deposit, to the \ncredit of the landlord, the full amount which he considers to be due from him in the \nCourt of the Deputy Commissioner having jurisdiction to entertain a suit or application \nfor such rent; \nand such deposit shall, as far as the tenant and all persons claiming through or under \nhim are concerned, in all respects operate as and have the full effect of, a payment then \nmade by the tenant of the amount deposited to the credit of the landlord.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "56",
            "title": "Section 56. Procedure on r eceipt of  deposit and payment of same - (1) On  the written",
            "chapter": null,
            "content": "application of the tenant or his agent, and on his making a declaration in the prescribed \nform the Deputy Commissioner shall receive such deposit and give a receipt for the sum \ndeposited. \n(2) The Deputy Commissioner shall, as soon as possible after the receipt of any money \nso deposited, issue a notice, in the prescribed form, to the landlord to whose credit it \nhas been deposited. \n(3) If any person claiming to be entitled to receive the money in deposit appears and \napplies for payment thereof to him, the Deputy Commissioner may pay the amount to \nhim if he appears to be entitled to the same, or may, if the Deputy Commissioner thinks \nfit, retain the amount pending a decision by a Civil Court declaring what person is so \nentitled. \n(4) Any sum deposited as aforesaid may in the absence of any order of a Civil Court to \nthe contrary, be repaid to the depositor,- \n \n(a) at the discretion of the Deputy Commissioner, and after serving notice on the \nlandlord and giving him an opportunity to object, and for reasons to be recorded in \n\nwriting at any time within a period of three years from the date on which the deposit was \nmade, or \n \n(b) upon the application of the depositor at any time after the expiration of the said \nperiod.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "57",
            "title": "Section 57. Limitation of suit or application for rent due prior to deposit - Whenever any",
            "chapter": null,
            "content": "deposit has been received by the Deputy Commissioner, no suit shall be maintained, \nand no application for a certificate under Section 244 shall be entertained, against the \nperson making the deposit, or his representative, on account of any rent which accrued \ndue prior to the date of the deposit unless such suit be instituted or such application be \nmade within six months from the date of the service of the notice issued under Section \n56 in respect of such deposit.\n\nArrears of Rent",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "58",
            "title": "Section 58. What to be deemed arrear of rent : interest on arrears - (1) Any instalment of",
            "chapter": null,
            "content": "rent which is not paid before sunset on the day when the same is payable [or, where the \nState Government is the landlord, is not paid at the end of the agricultural year in which \nit falls due] shall be deemed an arrear of rent, and shall be liable to simple interest not \nexceeding [six and a-quarter] per centum per annum: \nProvided that where a tenant pays his rent in full within the [year following the \nagricultural year] in which it accrues due, interest shall not exceed [three] per centum on \nthe yearly rent, lawfully payable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "59",
            "title": "Section 59. Ejectment of tenure-holder and cancellation of lease for arrears - When an",
            "chapter": null,
            "content": "arrear of rent is adjudged to be due from a tenure-holder not having a permanent or \ntransferable interest in the land, the lease of such tenure-holder shall be liable to be \ncancelled and the tenure-holder shall be liable to ejectment. \nProvided that, no such cancellation or ejectment shall be made otherwise than in \nexecution of a decree or order made under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "60",
            "title": "Section 60. Arrear of rent to be first charge on tenancy - The rent of a tenancy shall be a first",
            "chapter": null,
            "content": "charge on the tenancy : \nProvided that, if a tenancy is s old in execution of a decree for arre ars of rent, the \npurchaser shall acquire the tenancy free of all liability for rent for any period prior to the \ndate of the sale and rent due for any such period shall be a first charge on the sale \nproceeds of the tenancy. \n \nCommutation of Rent payable in kind",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "61",
            "title": "Section 61. Commutation of rent payable in kind - (1) When any tenure-holder or occupancy-",
            "chapter": null,
            "content": "Raiyat pay for a tenure or holding rent in kind [* * *] or at rates varying with the crop, or \npartly in one of those ways and partly in another, or partly in any of those ways and \npartly in money then the rent so payable shall not be altered, whether by private \ncontract or otherwise, except on the application of either the tenant or his landlord to \nhave the rent commuted to a money-rent. \n(2) Such application may be made to the Deputy Commissioner or a Revenue Officer. \n(3) When any such application is made, the Deputy Commissioner or Revenue Officer \nmay, after such  inquiry as he thinks fit to make, determine t he sum to be paid as \n\nmoney-rent, and may order that the tenant shall, in lieu of paying his rent in kind or \notherwise as aforesaid pay the sum so determined. \n(4) In making the determination, the said officer shall have regard to- \n \n(a) the average money-rent payable by tenants for land of a similar description and with \nsimilar advantages in the vicinity; \n \n(b) the average net value of rent actually received by landlord during the preceding ten \nyears, or during any shorter period for which evidence may be available; \n \n[Provided that in dealing with applications pending on the date on which the Chota \nNagpur Te nancy (Amendment) Act, 1946 (Bihar Act  15 of 1946), comes i nto f orce or\n\napplications which may be made on and from that date and until such period as may be \nfixed by notification in this behalf by the [State] Government, the officer shall in making \nthe determination have regard to the average value of the rent actually received by the \nlandlord during the five year before the first day of Asin, 1947 Fasli or for any shorter \nperiod before the said date for which evidence may be available;] \n \n(c) the special circumstances (if any) which gave rise to the assessment of the rent \npayable by the tenant at the date of the application; \n \n(d) the charges incurred by the landlord in respect of irrigation under the system of rent \nin kind, and the arrangements made on commutation for continuing those charges; and \n(e) improvements effected by the landlord or the tenant in respect of the [tenancy], \nand shall proceed in the prescribed manner. \n(5)The order shall be in writing and shall state the grounds on which it is made and the \ntime from which is to take effect. \n(6) When any such order is made by the Deputy Commissioner, it shall be subject to \nappeal as provided in Chapter XV. \n(7) When any such order is made by a Revenue Officer, an appeal shall lie in the \nprescribed manner and to the prescribed officer. \n[(8) (a) If the landlord has applied under su b-section (1) and the tenure-holder or \noccupancy-Raiyat objects to the commutation of his rent to money-rent, the officer shall \nexamine the grounds for the application and the objections thereto and may accept or \nrefuse the application as he thinks fit: \nProvided that if he refuses the application, he shall record in writing his reasons for the \nrefusal. \n \n(b) If any application of the landlord is accepted under clause (a), or if the landlord has \napplied under sub-section (1) and the tenure-holder or the occupancy-Raiyat agrees to \nthe commutation of his rent to a money-rent or if the tenure-holder or t he occupancy- \nRaiyat has applied under sub-section (1) the officer shall grant the application.] \n \n[61A. Commutation of rents of occupancy holdings. - If the Governor by notification \ndirects that there shall be commutation of the rents of the occupancy holdings or any \nclass of occupancy holdings situated in any area, the rent of which is paid in kind or in \n\nany of the other ways mentioned in sub-section (1) of Section 61, the Deputy \nCommissioner may, on the application of the Raiyat or landlord of any such holding or \nof his own motion, determine the sum to be paid as money-rent for such holding and \nmay order that the Raiyat shall, in lieu of paying his re nt in kind or o therwise as \naforesaid, pay the sum so determined.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "62",
            "title": "Section 62. Period of which commuted rents are to remain unaltered - Where the rent of a",
            "chapter": null,
            "content": "tenure or holding has been commuted under Section 61,- \n \n(1) it s hall not be increased for a  period of fifteen years e xcept,-\n\n(a) by order of the Deputy Commissioner, on the ground of a landlord's improvement, or \nan alteration in the area of the tenure or holding, or \n \n(b) by order of a Revenue Officer passed under Chapter XII; and \n \n(2) it shall not be reduced for a period of fifteen years except,- \n \n(i) by order of the Deputy Commissioner on one of the grounds specified in [clauses (c), \n(d) and (f) of Section 33-A], or \n \n(ii) by order of a Revenue Officer passed under Chapter XII. \n \n[Penalties for illegal exaction of praedial conditions or of anything in excess of rent or of \nlocal cess]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "63",
            "title": "Section 63. Penalty on landlord for levying anything in excess of rent including local cess",
            "chapter": null,
            "content": "or of lawful praedial conditions - [(1) (a) If a landlord or his agent levies, except under \nany special enactment for the time being in force from a tenant of such landlord, any \nsum of money or anything in excess of the rent lawfully payable by such tenant for his \ntenancy and the interest payable on an arrear of such rent, or enforces compliancies by \nany tenant with any praedial condition to which he is not lawfully entitled such landlord \nor agent, as the case may be, shall be punishable with simple imprisonment for a term, \nwhich may extend to six months, or with fine which may extend to five hundred rupees, \nor with both.] \n \n[(b) An offence under clause (a) s hall be cognizable and bailable and shall be \ncompoundable with the leave of the Court and the provisions of the Code of Criminal \nProcedure, 1898 [(5 of 1898)] shall apply to the trial of such offence.] \n \n(2) Any levy of local cess from a tenant (not being a tenant holding on a permanent \n'Mukarrari' lease from a proprietor or permanent tenure-holder in a permanently-settled \narea),- \n \n\n(a) in excess of the net amount prescribed by clause (2) of Section 41 of the Cess Act, \n1880 (Ben. Act 9 of 1880); or \n \n(b) on any scale in excess of that prescribed by clause (3) of that Section, shall be \ndeemed to be a levy of money in excess of the rent lawfully payable within the meaning \n[of clause (a) of sub-section (1)], \n \nand all stipulations and reservations for payment of any such excess contained in any \ncontract made between a landlord and a tenant on or after 13th day of October, 1880, \nshall be void, unless such contract- \n \n(i) was made between a temporary tenure-holder and his landlord before the first day of \nApril, 1920, or\n\n(ii) relates to a tenancy situate in pargana Dhalbhum, the Estate of Porahat or the \nKolhan Government Estate, in the district of Singhbhum, and was made prior to the first \nday of October, 1883, the first day of April, 1896, and the first day of September, 1927, \nrespectively. \n \n(3) If in any suit application or proceeding under, this Act or any other law the Court or \nPresiding Officer (not being the Deputy Commissioner) has grounds for believing that \n[any landlord or his agent is guilty of an offence under clause (a) of sub-section (1)], \nsuch Court or officer shall inform the Deputy Commissioner [who may take cognizance \nof the offence and may either try the case himself or transfer it for trial to a competent \nMagistrate subordinate to him], \n[* * *] \n \n[Chapter IX-A] \n \nSettlement of Waste Lands",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "63A",
            "title": "Section 63A. Settlement of waste lands to be made by patta. - Settlement of waste lands",
            "chapter": null,
            "content": "belonging to the State Government shall be made by a 'patta' or 'amalnama' in the \nprescribed form. The 'patta' or 'amalnama' shall be prepared in duplicate, of which one \ncopy shall be given to the 'Raiyat concerned and one copy shall be sent to the Deputy \nCommissioner of the district.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "63B",
            "title": "Section 63B. Settlement liable to be set aside. - In the event of any land settled as aforesaid",
            "chapter": null,
            "content": "not being brought under cultivation within a period of five years from the date of the \nsettlement, or the land being alienated in contravention of the provisions contained in \nSection 46, it shall be open to the Deputy Commissioner of the district to set aside the \nsettlement and to make re-settlement of such land in accordance with provision of \nSection 63-A. \n \nChapter X \n \nMiscellaneous Provisions as to Landlord and Tenant \n \n\nKorkar \n \n[64. Conversion of land into korkar with Deputy Commissioner's permission. - (1) \nNotwithstanding anything contained in any record-of-rights or any custom or usage to \nthe contrary, every cultivator or l andless labourers resident of village or a contiguous \nvillage shall have the right to convert land in that village into 'korkar' with the permission \nof the Deputy Commissioner previously obtained : Provided that no permission of the \nDeputy Commissioner shall be required under sub-section (1) to the conversion of land \ninto 'korkar1 by a cultivator where he was entitled on the date of the commencement of \nthe Chota Nagpur Tenancy (Amendment) Act, 1947 (Bihar Act 25 of 1947), by virtue of \nany entry in the record-or-rights or any local custom or usage to convert such land into \n'korkar' without the consent of the landlord.\n\n(2) On receipt of an application for permission to convert land into 'korkar', the Deputy \nCommissioner shall in the prescribed manner serve on the landlord a notice of the date \non which he intends to hear the application and after hearing the parties and holding \nsuch inquiry as he thinks proper the Deputy Commissioner shall either grant or refuse \nthe permission and his decision shall the final: \nProvided that the Deputy Commissioner shall dispose of an application made under this \nSection within a period of three months fro m the date of receipt thereof by him.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "65",
            "title": "Section 65. Power to eject cultivator or leave him in possession - Repealed by the Chota",
            "chapter": null,
            "content": "Nagpur Tenancy Act, 1947 (Bihar Act 25 of 1947), Section 21.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "66",
            "title": "Section 66. Prohibition against conversion of certain land into Korkar - Nothing in Section",
            "chapter": null,
            "content": "64 shall authorise any cultivator to convert into Korkar any orchard or cultivated or \nhomestead land in the direct possession of any other person.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "67",
            "title": "Section 67. Right of occupancy in Korkar. - Every Raiyat, who cultivates or holds land which",
            "chapter": null,
            "content": "he or any member of his f amily has c onverted i nto Korkar shall have a right of \noccupancy in such land notwithstanding that he has not cultivated or held the land for a \nperiod of twelve years. \n[67A. Assessment of rent on land converted into korkar. - (1) (a) Where a Raiyat \nconverts land into Korkar in accordance with the provision of Section 64, no rent shall \nbe payable for such land until after the expiration of a period of four years from the end \nof the agricultural year in which the first crop is harvested. \n \n(b) After the expiry of the period specified in clause (a), the landlord may assess rent on \nthe said land at a rate not exceeding to the rate prevailing in the village for third class \nrice land, or if according to the custom of the village only one-half of the said rate is \npayable for Korkar at a rate not exceeding one-half of the said rate. \n \n(2) When a landlord assesses rent under sub-section (1), he shall send to the Deputy \nCommissioner a notice in duplicate in the prescribed form and containing the prescribed \nparticulars. \n(3) No rent shall be recoverable by a landlord in respect of land converted by a Raiyat \ninto Korkar unless the provisions of sub-section (2) have been complied with. \n(4) On  receipt of the notice referred to in sub-section (2), the Deputy Commissioner \nshall give notice of the contents thereof to the Raiyat and may of his own motion or on \nthe application of the Raiyat, and after making such inquiry as he considers necessary, \n\nby an order, settle rent for the said land at a rate not exceeding the rate prevailing in the \nvillage for third class rice land or if, according to the custom of the village only one-half \nof the said rate is payable for Korkar at a rate not exceeding one-half of the said rate.] \n[(5) Nothing in this Section shall prevent the person who has converted land into Korkar \nunder t he provisions of Section 64 from filing an application before the Deputy \nCommissioner and getting the rent assessed in the event of the landlord failing to take \nsteps for assessment of the rent]. \n \nEjectment",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "68",
            "title": "Section 68. Tenant not to be ejected of except in execution of decree or order. - No tenant",
            "chapter": null,
            "content": "shall be ejected from his tenancy or any portion thereof except in execution of decree or \nin execution of an order of the Deputy Commissioner passed under this Act. \n[Explanation. - The word 'decree' in this Section shall include a decree passed by the \nCivil Court.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "69",
            "title": "Section 69. Relief against forfeitures - (1) Every decree for the ejectment of an occupancy-",
            "chapter": null,
            "content": "raiyat or a non-occupancy-raiyat the ground,- \n \n(a) that he has used the land comprised in his holding in a manner which is not \nauthorised by the local custom or usage or which materially impairs the value of the \nland or renders it unfit for the purposes of the tenancy; or \n \n(b) that he has broken a condition consistent with this Act, on breach of which he is, \nunder the terms of the contract between himself and his landlord, liable to ejectment, \nshall declare the amount of compensation which would reasonably be payable to t he \nplaintiff for the misuse or breach, and whether, in the opinion of the Court, the misuse or \nbreach is capable of remedy; and shall fix a period during which it shall be open to the \ndefendant to pay that amount to the plaintiff, and where the misuse or breach is \ndeclared to be capable of the remedy, to remedy the same. \n \n(2) The Court may from time to time, for special reasons, extend period fixed by it under \nsub-section (1). \n(3) If the defendant within the period or extended period (as the case may be) fixed by \nthe Court under this Section pay the compensation mentioned in the decree, and, where \nthe misuse or breach is declared by the Court to be capable of remedy, remedies the \nmisuse or breach to the satisfaction of the Court the decree shall not be executed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "70",
            "title": "Section 70. Decree or order for ejectment when to take effect - A decree or or der for",
            "chapter": null,
            "content": "ejectment passed under this Act shall take effect from the end of the agricultural year in \nwhich it is passed, or to such earlier date (if any) as the Court may direct.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "71",
            "title": "Section 71. Power to replace in pos session ten ant unlawfully ejected - If any tenant is",
            "chapter": null,
            "content": "ejected from his tenancy or any portion thereof in contravention of Section 68 he may, \nwithin a period of one year (or, if he is an occupancy-raiyat three years) from the date of \nsuch ejectment, present to the Deputy Commissioner an application praying to be \nreplaced in possession of such tenancy or portion; and the Deputy Commissioner may, \n\nif he thinks fit after making a summary inquiry, replace him in possession in the \nprescribed manner. \n[71A. Power to restore possession to member of the Scheduled Tribes over land \nunlawfully transferred. - If at any time, it comes to the notice of the Deputy \nCommissioner that transfer of land belonging to a Raiyat [or a Mundari Khunt-Kattidaror \na Bhuinhari] who is a member of the Scheduled Tribes has taken place in contravention \nof Section 46 [or Section 48 or Section 240] or any other provisions of this Act or by any \nfraudulent method, [including decrees obtained in suit by fraud and collusion] he may, \nafter giving reasonable opportunity to the transferee, who is proposed to be evicted, to \nshow cause and after making necessary inquiry in the matter, evict the transferee from \nsuch land without payment of compensation and restore it to the transferor or his heir, \nor, in case the transferor or his heir is not available or is not willing to agree to such\n\nrestoration, re-settle it with another Raiyat belonging to Scheduled Tribes according to \nthe village custom for the disposal of an abandoned holding : \nProvided that if the transferee has, within 30 years from the date of transfer, constructed \nany building or structure on such holding or portion thereof, the Deputy Commissioner \nshall, if the transferor is not willing to pay the value of the same, order the transferee to \nremove the same within a period of six months from the date of the order, or within such \nextended time not exceeding two years from t he date of the order as the Deputy \nCommissioner may allow, failing which the Deputy Commissioner may get such building \nor structure removed : \nProvided further that where the Deputy Commissioner is satisfied that the transferee \nhas constructed a substantial structure or building on such holding or portion thereof \nbefore coming into force of the Bihar Scheduled Areas Regulation, 1969, he may, \nnotwithstanding any other provisions of the Act, validate such transfer where the \ntransferee either makes available to t he transferor an alternative holding or p ortion \nthereof as the case may be, of the equivalent value of the vicinity or p ays adequate \ncompensation to be determined by the Commissioner for rehabilitation of the transferor: \nProvided also that if after an  inquiry the Deputy Commissioner is satisfied that the \ntransferee has acquired a title by adverse possession and that the transferred land \nshould be restored or re-settled, he shall require the transferor or his heir or another \nRaiyat, as the case may be, to deposit with the Deputy Commissioner such sum of \nmoney as may  be determined by the Deputy Commissioner having regard to the \namount for which the land was transferred or the market value of the land, as the case \nmay be and the amount of any compensation for improvements effected to the land \nwhich the Deputy Commissioner may deem fair and equitable.] \n[Explanation [I.] - In this Section \"substantial structure or 'building\" means structure or \nbuilding the value of which on the day of initiation of inquiry, was determined by the \nDeputy Commissioner to exceed Rs. 10,000 but does not include structure or building of \nany value, the material of which can be removed without substantially impairing the \nvalue of.] \n[Explanation II. - A Bhuinharor Mundari Khunt-Kattidar, who is deemed to be a settled \nRaiyat under the provisions of Section 18 of this Act shall also be deemed to be a \nRaiyat for the purpose of this Section.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "71B",
            "title": "Section 71B. Penalties. - If any land is transferred in contravention of Section 46 or any other",
            "chapter": null,
            "content": "provision of this Act or by fraudulent method and is held or cultivated by any person with \n\nthe knowledge of such transfer, he shall be punished with imprisonment of either \ndescription for a term which may extend to 3 years or with fine which may extend to one \nthousand rupees or with both and, in the case of a continuing offence, to a further fine \nnot exceeding fifty rupees for each day during which the offence continues. \n \nSurrender and Abandonment",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "72",
            "title": "Section 72. Surrender of land by Raiyat - (1) A Raiyat not bound by a lease or other",
            "chapter": null,
            "content": "agreement for a fixed period may, at the end of any agricultural year surrender his \nholding [with the previous sanction of the Deputy Commissioner in writing]. \n(2) But, notwithstanding the surrender, the Raiyat shall be liable to indemnify the \nlandlord against any loss of the rent of the holding for the agricultural year next following\n\nthe date of the surrender, unless he gives to his landlord, at least four months before he \nsurrenders, notice of his intention to surrender. \n(3) The Raiyat may, if he thinks fit, cause the notice to be served through the Court of \nthe Deputy Commissioner within whose jurisdiction the holding or any portion of it is \nsituate. \n(4) When a Raiyat has surrendered his holding the landlord may enter on the holding \nand either let it to another tenant or to take it into cultivation himself. \n(5) Nothing in this Section shall affect any arrangement by which a Raiyat and his \nlandlord may arrange for a surrender of the whole or a part of the holding [with the \nprevious sanction of the Deputy Commissioner in writing.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "73",
            "title": "Section 73. Abandonment of land by Raiyat - (1) If a Raiyat voluntarily abandons the land",
            "chapter": null,
            "content": "held or cultivated by him, without notice to the landlord and ceases either himself or \nthrough any other person to cultivate the land and to pay his rent as it falls due, the \nlandlord may at any time after the expiration of the agricultural year in which the Raiyat \nso abandons and ceases to cultivate, enter on the holding and let it to another tenant or \ntake into cultivation himself. \n(2) Before a landlord enters under this Section, he shall send a notice to the Deputy \nCommissioner in  the prescribed manner, s tating that he has treated the holding as \nabandoned and is about to enter on it accordingly; and the Deputy Commissioner shall \ncause a notice of the fact to be published in the prescribed manner 1[and if an objection \nis preferred to him within one month of the date of publication of the notice shall make a \nsummary inquiry and shall decide whether the landlord is entitled under sub-section (1) \nto enter on the holding. The landlord shall not enter on the holding unless and until such \nobjection has been decided in his favour, or if no objection is preferred, until the \nexpiration of one month from the date of publication of the notice. \n(3) When a landlord enters under this Section, the Raiyat shall be entitled to apply to the \nDeputy Commissioner for the recovery of possession of the land at any time not later \nthan the expiration of three years in the case of an occupancy-Raiyat or in the case of a \nnon-occupancy Raiyat one year, from t he date of the publication of the notice; and \nthereupon, the Deputy Commissioner may on being satisfied that the Raiyat did not \nvoluntarily abandon his holding, restore him to possession in the prescribed manner on \nsuch terms ( if any) w ith respect to compensation to person injured and payment of \narrears of rent as to the Deputy Commissioner may seem just. \n \n\nContinuance of occupation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "74",
            "title": "Section 74. Effect of l ease purporting to admit to o ccupation after occupation h as",
            "chapter": null,
            "content": "commenced - Where a tenure-holder, village headman or Raiyat has been in \noccupation of a tenure or h olding, and a lease is executed with a view to the \ncontinuance of such occupation, he shall not be deemed to be admitted to occupation \nby that lease, notwithstanding that the lease may purport to admit him for occupation. \n[74A. Determination of person to be village headman when tenancy is vacant. - (1) \nWhen a tenancy which, in accordance with custom, is held by a village headman, has \nfor any reason been vacated, any three or more tenants holding land within the said \ntenancy or the landlord, may apply to the Deputy Commissioner to determine the\n\nperson, who, in accordance with custom should be village headman entitled to hold the \ntenancy. \n(2) Such application may be made notwithstanding that a person is in possession of the \nland of the tenancy, or part t hereof under the authority or w ith the consent of the \nlandlord. \n(3) On receiving such application, the Deputy Commissioner shall, after giving notice in \nthe prescribed manner to the landlord, the person, if any, referred to in subsection (2), \nthe heirs of the last village-headman, the tenants and such other persons, if any, as he \nconsiders should be parties to the proceeding, make such inquiry as appears \nnecessary, and determine the person, who, in accordance with customs, Should be \nvillage-headman entitled to hold the tenancy, and shall place such person in possession \nof the tenancy, if such person is not already in possession thereof. \n(4) In every such inquiry, the Deputy Commissioner shall have regard to the entries in a \nrecord-of-rights finally published under t his Act or u nder any law in force before the \ncommencement of this Act, and to the suitability of a person in respect of tribe or caste, \nmembership of the village family, or of the latter village headman's family if it be not the \nvillage family, residence, character and other matter to be the village headman of the \nparticular village or group of villages comprised in the tenancy. \n(5) No suit or application shall be entertained in any Court concerning any matter which \nis t he subject of an application under su b-section (1), or which has been determined \nunder sub-section (3) except a title suit in the Civil Court, instituted within one year from \nthe date of the order passed by the Deputy Commissioner under s ub-section (3) to \nestablish the right of the plaintiff to succeed for the tenancy and to recover possession \nthereof from the person determined by Deputy Commissioner to be the village-headman \nentitled to hold the tenancy. \n(6) No application shall be made under sub-section (1) concerning a matter which is \nsubstantially in issue or has been substantially in issue and has been determined, in a \nsuit instituted under the provisions of sub-section (6) of Section 139.] \n \nMeasurements",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "75",
            "title": "Section 75. Measurements of land - (1) Every landlord of an estate, tenure or 'Mundari khunt-",
            "chapter": null,
            "content": "kattidari tenancy' shall have a right to make a general survey or measurement of the \n\nlands comprised in such estate, tenure or tenancy, unless restrained from doing so by \nexpress engagement with the occupants of the lands. \n(2) If any landlord intending to measure any land which he has right to measure is \nopposed in making such measurement by the occupant of the land, \nor if any tenant having received notice of the intended measurement of land held or \ncultivated by him, which is liable to such measurement refuses to attend and point out \nsuch land, \nthe landlord may present an application to the Deputy Commissioner. \n(3) On receipt of such application, the Deputy Commissioner shall, after taking such \nevidence and making such inquiry as he considers necessary pass an order either \nallowing or disallowing the measurement, and, if the case so requires, enjoining or \nexcusing the attendance of any tenant.\n\n(4) If any tenant, after the issue of an order enjoining his attendance, refuses or \nneglects to attend, any map or other record of the boundaries and measurements of the \nland prepared under t he direction of the landlord at the time when the tenant was \ndirected to attend, shall be presumed to be correct until the contrary is shown. \n \nChapter XI \n \nCustoms and Contract",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "76",
            "title": "Section 76. Saving of custom. - Nothing in this Act  shall affect any custom, usage or",
            "chapter": null,
            "content": "customary right not inconsistent with, or not expressly or by necessary implication \nmodified or abolished by its provisions. \n \nIllustrations \n \n(i) A custom or usage whereby a 'Raiyat obtains a right of occupancy as soon as he is \nadmitted to occupation of the tenancy, whether he is a settled 'Raiyat of the village or \nnot, is not inconsistent with, and is not expressly or by necessary implication modified or \nabolished by, the provisions of this Act. That custom or usage, accordingly wherever it \nexists, will not be affected by this Act. \n \n(ii) A custom or usage by which an under Raiyat can obtain rights similar to those of an \noccupancy 'Raiyat is s imilarly, not inconsistent with, and is not expressly or by \nnecessary implication modified or abolished by the provisions of this Act, and will not be \naffected by this Act. \n \n(iii) A  custom or us age whereby a 'Raiyat is entitled to make improvements on his \ntenancy and to receive compensation therefor an ejectment is not inconsistent with, and \nis not expressly or by necessary implication modified or abolished by the provisions of \nthis Act. That custom or usage, accordingly, wherever it exists, will not be affected by \nthis Act. \n \n\n(iv) A custom or usage whereby 'Korkar' is held,- \n(a) during preparation for cultivation, rent-free, or \n(b) [x x x] after preparation, at a rate of rent less than the rate payable for ordinary \n'Raiyati' land in the same village tenure or estate, is not inconsistent with, and is not \nexpressly or by necessary implication modified or abolished by the provisions of this \nAct. That custom or usage, accordingly wherever it exists, will not be affected by this \nAct.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "77",
            "title": "Section 77. Saving as to service tenures and holdings - Except in so far as the [State]",
            "chapter": null,
            "content": "Government may otherwise direct by notification, nothing in this Act shall affect any \nincident of a Ghatwali or o ther ser vice tenure or h olding.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "78",
            "title": "Section 78. Homesteads - When a Raiyat holds his homestead otherwise than as part of his",
            "chapter": null,
            "content": "holding as a Raiyat, the incidents of his tenancy of the homestead shall be regulated by \nlocal custom or usage, and, subject to local custom or usage, by the provisions of this \nAct applicable to land held by a Raiyat.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "79",
            "title": "Section 79. Restrictions on exclusion of Act by agreement - (1) Nothing in any contract",
            "chapter": null,
            "content": "between a landlord and tenant made before or after the commencement of this Act \nshall,- \n \n(a) bar in perpetuity the acquisition of an occupancy-right in land, or \n \n(b) take away an occupancy-right in existence at the date of the contract, or \n \n(c) entitle a landlord to eject a tenant otherwise than in accordance with the provisions \nof this Act. \n \n(2) Nothing in any contract made between a landlord and a tenant between the 1st \nJanuary, 1903, and the commencement of this Act shall prevent a Raiyat from \nacquiring, in accordance with this Act, an occupancy right in land, not being landlord's \nprivilege lands as defined in Section 118. \n(3) Nothing in any contract made between a landlord and a tenant after the \ncommencement of this Act shall,- \n \n(i) prevent a Raiyat from acquiring, in accordance with this Act, an occupancy-right in \nland, or \n \n(ii) take away or limit the right of an occupancy 'Raiyat' to use land as authorised by \nSection 21, or \n \n(iii) take away the right of an occupancy 'Raiyat' to transfer his holding or any portion \nthereof subject to, and in accordance with, the provisions of this Act, or \n \n(iv) take away the right of an occupancy 'Raiyat' to apply for a reduction of rent under \nSection 34, or \n\n \n(v) affect the provisions of Section 58 relating to interest payable on arrears of rent, or \n \n(vi) take away the right of a tenant or landlord to apply for a commutation of rent under \nSection 61, or \n \n(vii) take away the right of a Raiyat to surrender his holding in accordance with Section \n72: \n \n[Provided that when a landlord has converted waste land into 'korkar' and subsequently \nlets the same or a part thereof to a Raiyat on registered lease, nothing in this Act shall \naffect a condition of such lease whereby the 'Raiyat is prevented from acquiring an \noccupancy-right in the land or part during the period of twenty years from the date on\n\nwhich the landlord commenced to convert the land into 'korkar' if within the six months \nnext preceding such commencement the landlord intimated to the Deputy \nCommissioner in manner prescribed his intention to covert the land into 'korkar', and \nsatisfied him that it was then waste land.] \n[79A. Restriction on payment of certain kinds of rent by agreement. - (1) Nothing in \nany contract, express or implied between a landlord and a tenure-holder or a 'Raiyat \nmade before or after the commencement of the Chota Nagpur Tenancy (Amendment) \nAct, 1938 (Bihar Act 2 of 1938), shall entitle the landlord to rent on the estimated value \nof the whole or a portion of the crop or on the estimated produce of the whole or a \nportion of the tenure or holding of the tenure-holder or the 'Raiyat according to the \nsystem commonly known as 'Vanabandi'. \n(2) Where a tenure-holder or a 'Raiyat was, before the date on which Section 21 of the \nChota Nagpur Tenancy (Amendment) Act, 1938 (Bihar Act 2 of 1938) came into force, \nliable to pay for his  tenure or holding rent on the estimated value of the whole or a \nportion of the crop or on the estimated produce of whole or a portion of the tenure or \nholding, he shall, from and after the said date be liable to pay to the landlord rent in kind \nby division of the produce of the tenure or holding.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        },
        {
            "number": "79B",
            "title": "Section 79B. R estriction on the share of t he produce rent payable to a  landlord by",
            "chapter": null,
            "content": "agreement. - Nothing in any contract, express or implied, between a landlord and a \ntenure-holder or a Raiyat made before or after the date on which Section 21 of the \nChota Nagpur Tenancy (Amendment) Act, 1938 (Bihar Act 2 of 1938) came into force, \nshall entitle the landlord to more than nine-twentieths of the produce as rent in respect \nof a tenure or an occupancy holding if rent is payable in kind by division of the produce.] \nChapter XII \nRecords-of-Rights and Settlement of Rents",
            "footnote": "",
            "is_definition": false,
            "sort_order": 77
        },
        {
            "number": "80",
            "title": "Section 80. Power to ord er survey and pr eparation of record-of-rights - (1) The  [State]",
            "chapter": null,
            "content": "Government may make an order directing that a survey be made and a record-of-rights \nbe prepared, by a Revenue Officer in respect of the lands in any local area, estate, or \ntenure or part thereof. \n(2) A notification in the [* * *] [Official Gazette] of an order under sub-section (1) shall be \nconclusive evidence that the order has been duly made. \n(3) The survey shall be made and the record-of-rights shall be prepared in the \nprescribed manner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 78
        },
        {
            "number": "81",
            "title": "Section 81. Particulars to be recorded - Where an order is made under Section 80, the",
            "chapter": null,
            "content": "particulars to be recorded shall be specified in the order and may include, either without \nor in addition to other particulars, some or all of the following, namely :- \n \n(a) the name of each tenant or occupant; \n \n(b) the class to which each tenant belongs, that is to say, whether he is a tenure-holder, \n'Mundari khunt-kattidah', settled 'Raiyat', occupancy 'Raiyat', non-occupancy-Raiyat \nkhunti' having 'khuntkati' rights, or under-'Raiyat' and, if he is a tenure-holder, whether\n\nhe is a permanent tenure-holder or not and whether his rent is liable to enhancement \nduring the continuance of his tenure; \n \n(c) the situation and quantity and one or more of the boundaries of the land held by \neach tenant or occupier; \n \n(d) the name of each tenant's landlord; \n \n(e) the name of each proprietor in the local area or estate; \n \n(f) the rent payable at the time the record-of-rights is being prepared; \n \n(g) the mode in which that rent has been fixed-whether by contract, or by order of a \nCourt, or otherwise; \n \n(h) if the rent is a gradually increasing rent, the time at which and the steps by which it \nincreases; \n \n(i) the rights and obligations of each tenant and landlord in respect of,- \n \n(i) the use, by tenants, of water for agricultural purposes, whether obtained from a river, \n'jhil' tank or well or any other source of supply, and \n \n(ii) the repair and maintenance of appliances for securing a supply of water for the \ncultivation of the land held by each tenant, whether or not such appliances be situated \nwithin the boundaries of such land; \n \n(j) the special conditions and incidents (if any) of the tenancy; \n(k) any easement attaching to the land for which the record-of-rights is being prepared; \n(l) if the land is claimed to be held rent-free-whether or not rent is actually paid, and, if \nnot paid, whether or not the occupant is entitled to hold the land without payment of \nrent, and, if so entitled, under what authority; \n \n\n(m) [the existence, nature and extent of] the right of any person whether a landlord or \ntenant or not, to take forest-produce from jungle-land or waste-land, or to graze cattle \non any land [or to take fish from any water, or of any similar right] in any village in the \narea to which the record-of-rights applies; \n \n(n) the right of any resident of the village to reclaim jungle-land or wasteland, or to \nconvert land into korkar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 79
        },
        {
            "number": "82",
            "title": "Section 82. Power to order survey and preparation of record-of-rights as to water - The",
            "chapter": null,
            "content": "[State] Government may, for the purpose of settling or averting disputes existing or \nlikely to rise between landlords, tenants, proprietors, or persons belonging to any of\n\nthese classes, regarding the use or passage of water, make an order directing that a \nsurvey be made and a record-of-rights be prepared by a Revenue Officer, in order to \nascertain and record the rights and obligations of each tenant and landlord in any local \narea, estate or tenure or part thereof, in respect of,- \n \n(a) the use by tenants of water for agricultural purposes, whether obtained from a river, \n'jhil', tank or well or any other source of supply; and \n \n(b) the repair and maintenance of appliances for securing a supply of water for the \ncultivation of the land held by each tenant, whether or not such appliance be situated \nwithin the boundaries of such land.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "83",
            "title": "Section 83. Preliminary publication, amendment and final publication of record-of-rights. -",
            "chapter": null,
            "content": "(1) When a draft record-of-rights has been prepared under this Chapter, the Revenue \nOfficer shall publish the draft in the prescribed manner and for the prescribed period \nand shall receive and consider any objections which may be made to any entry therein, \nor to any omissions therefrom, during the period of publication. \n(2) When such objections have been considered and disposed of in the prescribed \nmanner, the Revenue Officer shall finally frame the record, and shall cause it to be \nfinally published in the prescribed manner, and the publication shall be conclusive \nevidence that the record has been duly made under this Chapter. \n(3) Separate draft or final records may be published under sub-section (1) or sub- \nsection (2) for different local areas, estates, tenures or parts thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 81
        },
        {
            "number": "84",
            "title": "Section 84. Presumptions as to final publication and correctness of record-of-rights - (1)",
            "chapter": null,
            "content": "In any suit or other proceedings in which a record-of-rights prepared and published \nunder this Chapter or a duly certified copy thereof or extract therefrom is produced, \nsuch record-of-rights shall be presumed to have bean finally published unless such \npublication is expressly denied and a certificate, signed by the Revenue Officer, or by \nthe Deputy Commissioner of any district in which its local area, estate or tenure or part \nthereof to which the record-of-rights relates is wholly or partly situate, stating that the \nrecord-of-rights has been finally published, under t his C hapter sh all be conclusive \nevidence of such publication. \n\n(2) The [State] Government may, by notification, declare with regard to any specified \narea, that a record-of-rights has been finally published for every village included in that \narea; and such notification shall be conclusive evidence of such publication. \n(3) Every entry in a record-of-rights so published shall be evidence of the matter \nreferred to in such entry and shall be presumed to be correct until it is proved, .by \nevidence, to be incorrect.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 82
        },
        {
            "number": "85",
            "title": "Section 85. Settlement of fair rent - (1) In every area in respect of which a survey [is being or",
            "chapter": null,
            "content": "has been made] and a record-of-rights [is being or has been prepared] under Section \n80, the Revenue Officer may settle fair rents in respect of any land held by a tenant. \n(2) Settlements of rents may be made under sub-section (1) either,- \n \n(i) on the application of any landlord or tenant, or \n \n(ii) without such application, if the [State] Government so directs.\n\n[Explanation. - A superior landlord may apply for a settlement of rents, notwithstanding \nthat his estate or tenure or part thereof is held by a temporary lessee or by a tenant, \nwho holds on a rent which varies with the rent payable by the Raiyats under him.] \n(3) Such settlements shall ordinarily be made after the final publication of the record-of- \nrights, and shall not in any case be made on the application of a landlord or tenant after \nsuch final publication, unless such application be made within [three] months from the \ndate of the certificate of such final publication; but may in any case be made before \nsuch publication,- \n \n(a) with the consent of the parties concerned, or \n \n(b) if the Revenue Officer considers that, that course would, in the circumstance, be \nadvisable. \n \n(4) Whenever a settlement of rents [is made under this Section] reasonable notice shall \nfirst be given to the parties concerned, and an appeal shall lie, in the prescribed manner \nand to the prescribed officer, from such settlement. \n(5) For the purpose of settling rents under this Section, the Revenue Officer shall have \nregard to such rules as may be made in this behalf under Section 264.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 83
        },
        {
            "number": "86",
            "title": "Section 86. Decision of issues arising during course of settlement of rents - Where in any",
            "chapter": null,
            "content": "proceeding for the settlement of rents under Section 85, any of the following issues \narises, namely:- \n \n(a) whether the land is or is not liable to the payment of rent; \n \n(b) whether the land although entered in the record-of-rights as being held rent-free, is \nliable to the payment of rent; \n \n(c) whether the relation of landlord and tenant exists; \n \n(d) whether the land has been wrongly recorded as part of a particular estate or tenancy \nor wrongly omitted from the lands of an estate or tenancy; \n \n\n(e) whether the tenant belongs to a class different from that to which he is shown in the \nrecord-of-rights as belonging; or \n \n(f) whether the special conditions and incidents of the tenancy, or a ny easement \nattaching to the land, have not or has not been recorded or have or has been wrongly \nrecorded, the Revenue Officers shall try and decide such issue and settle the rent under \nSection 85 accordingly.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 84
        },
        {
            "number": "87",
            "title": "Section 87. Institution of suits before Revenue Officer - (1) In proceedings under t his",
            "chapter": null,
            "content": "Chapter a suit may be instituted before a Revenue Officer, at any time within three \nmonths from the date of the certificate for the final publication of the record-of-rights \nunder sub-section (2) of Section 83 of the decision of any dispute regarding any entry \nwhich a Revenue Officer has made in, or any omission which he has made from the\n\nrecord [except an entry of a fair rent settled under the provisions of Section 85 before \nthe final publication of the record-of-rights] whether such dispute be,- \n \n(a) between the landlord and tenant, or \n \n(b) between landlords of the same or of neighbouring estate, or \n \n(c) between tenant and tenant, or \n \n(d) as to whether the relationship of landlord and tenant exists, or \n \n(e) as to whether land held rent-free is properly so held, or \n \n[(ee) as to any question relating to the title in land or to any interest in land as between \nthe parties to the suit; or] \n \n(f) as to any other matter; \n \nand the Revenue Officer shall hear and decide the dispute : \nProvided that the Revenue Officer may, subject to such rules as may be made in this \nbehalf under Section 264, transfer any particular case or class of cases to a competent \nCivil Court for trial: \nProvided also that in any suit under this Section, the Revenue Officer shall not try any \nissue which has been, or is al ready, directly and substantially in issue between the \nsame parties or between parties under whom they or any of them claim, in proceedings \nfor t he settlement of rent under this Ch apter, where s uch issue has been tried and \ndecided, or is  already being tried, by a Revenue Officer under S ection 86 in \nproceedings instituted after the final publication of the record-of-rights. \n(2) An appeal shall lie, in the prescribed manner and to the prescribed Officer from \ndecisions under sub-section (1) [and a second appeal to the High Court shall lie from \nany decision on appeal of such Officer as if such decision were an appellate-decree \npassed by the Judicial Commissioner under Chapter XVI.] \n\n[87A. Under-tenant to be made party in certain proceedings and suits. - When in a \nproceeding for the settlement of rents under Section 85 or in a suit under Section 87 the \nstatus of a tenant is in issue, the Revenue Officer shall direct that every person holding \ndirectly or indirectly under such tenant, whose interest may be affected by the decision \nof the issue, shall if he is not already a party to the proceeding or the suit, as the case \nmay be, be joined as a party.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 85
        },
        {
            "number": "88",
            "title": "Section 88. Entry in r ecord-of-rights of rents settled and de cisions made - A note of all",
            "chapter": null,
            "content": "rents settled under Section 85, and of all decisions under sub-section (1) and decisions \non appeal under sub-section (2) of Section 87 shall be made in the record-of-rights as \nfinally published under Section 83 and such note shall be considered as part of the \nrecord.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 86
        },
        {
            "number": "89",
            "title": "Section 89. Revision by Revenue Officer - (1) Any Revenue Officer specially empowered by",
            "chapter": null,
            "content": "the [State] Government in this behalf may on application or on his own motion within \ntwelve months from the making of any [entry in the draft record-of-rights or of any] order\n\nor decision under Section 83, Section 85 or Section 86, revise the same, whether it was \nmade by himself or by any other Re venue Officer, but not so as to affect any order \npassed under Section 87 or any order passed in appeal under Section 85, sub-section \n(4): \nProvided that no such order or decision shall be so revised if a suit or an appeal in \nrespect thereof is pending under Section 85, sub-section (4) of Section 87 until \nreasonable notice has been given to the parties concerned to appear and be heard in \nthe matter. \n(2) An appeal shall lie, in the prescribed manner and to the prescribed Officer, from any \norder passed under sub-section (1). \n[90. Correction by Deputy Commissioner or Revenue Officer of mistake in record- \nof-rights. - in case of discovery of bona fide or material error in record-of-rights within \nfive years from the date of the certificate of its final publication under sub-section (2) of \nSection 83, the Deputy Commissioner or any Revenue Officer specially empowered by \nthe State Government in this behalf may, on his own motion, or on application made to \nhim within the said period, after holding an inquiry in the prescribed manner, by order in \nwriting, direct that such error shall be corrected in the mariner specified in the order: \nProvided that no such correction shall be made,- \n \n(i) until reasonable notice has been given to the parties concerned to appear and be \nheard in the matter; \n \n(ii) if a suit under Section 87, clause (8) of Section 111 or Section 252, or, an appeal \nunder clause (10) of Section 111 or Section 253, affecting such an entry is pending.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 87
        },
        {
            "number": "91",
            "title": "Section 91. Stay of certain proceedings before Deputy Commissioner or Civil Court when",
            "chapter": null,
            "content": "order made for preparation of record-of-rights - (1) When an order has been made \nunder S ection 87, or under any law in force before the commencement of this Act, \ndirecting the preparation of a record-of-rights, then notwithstanding anything contained \nin the foregoing Sections of this Chapter, no Deputy Commissioner or Civil Court shall, \nuntil six months after the final publication of the record-of-rights, entertain any suit or \napplication (not being an application under the Code of Criminal Procedure, 1898 [(5 of \n1898)]: \n \n\n(a) in which there is an issue, either directly or indirectly the [existence, non-existence, \nnature or extent] in the area to which the record-of-rights applies, of any right referred to \nin clause (n) of Section 81, [or for the determination, assessment or alteration of the \nsum payable by any person in respect of such right]; or \n \n(b) for the alteration of the rent or the determination of the status of any tenant in such \narea : \n \nProvided that if any person considers himself aggrieved by any act of waste or damage \ncommitted by any other person in respect of any waste land or jungle-land during the \nperiod within which suits and applications are prohibited by this Section he may apply to\n\nthe Deputy Commissioner, who may, after such inquiry as he thinks fit, by written order, \nprohibit the continuance of such waste or damage. \n(2) The period during which the institution of a suit or the making of an application has \nbeen delayed by sub-section (1) shall be excluded in computing the period of limitation \nprovided for such suit or application.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 88
        },
        {
            "number": "92",
            "title": "Section 92. Bar to jurisdiction of Courts in matters relating to r ecord-of-rights - No suit",
            "chapter": null,
            "content": "shall be brought in any Court in respect of any order directing the preparation of a \nrecord-of-rights under this Chapter, or in respect of the framing publication, signing or \nattestation of such a record or of any part of it.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 89
        },
        {
            "number": "93",
            "title": "Section 93. Stay of certain proceedings before Deputy Commissioner or Civil Court when",
            "chapter": null,
            "content": "record-of-rights finally published - (1) When a record-of-rights in respect of any land \nhas been prepared under t his C hapter, and finally published, no application or suit \naffecting any such land or any tenant thereof shall, within six months from the date of \nthe certificate of final publication of such record-of-rights, be made or instituted before \nthe Deputy Commissioner or in any Civil Court for the decision of any of the following \nissues, namely - \n \n(a) whether the relation of landlord and tenants exists; \n \n(b) whether the land is part of a particular estate or tenancy; \n \n(c) whether there is any special condition or incident of the tenancy; or \n \n(d) whether any easement attaches to the land. \n \n(2) If before the final publication of the record-of-rights in such area, a suit involving the \ndecision of any of the issues mentioned in sub-section (1) has been instituted before the \nDeputy Commissioner or in a Civil Court, the Revenue Officer shall not entertain any \nsuit under Section 87 involving the decision of the same issue. \n(3) Where the making of an application or the institution of a suit has been delayed by \nsub-section (1), the period of six months therein mentioned shall be excluded in \ncomputing the period of limitation provided for such suit or application.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "94",
            "title": "Section 94. Period for which rents entered in the record-of-rights are to remain unaltered -",
            "chapter": null,
            "content": "(1) When the rent of an occupancy holding is entered in a record-of-rights which has \n\nbeen prepared and finally published under this Chapter or any law in force before the \ncommencement of the Act [or has been reduced under this Chapter] then subject to the \nprovisions of Sections [85], 87, 89 and 90 such rent shall not, except on the ground of a \nlandlord's improvement, be enhanced for a period,- \n \n(a) fifteen years after the final publication of the record-of-rights when such publication \nwas made after the commencement of this Act, or \n \n(b) seven years after the final publication of the record-of-rights when such publication \nwas made before the commencement of this Act;\n\nand such rent shall not be reduced within the said period respectively, save on the \nground of alteration in the area of the holding or [under Section 33-A]; \nand no demand for rent in respect of an occupancy holding in excess of the amount \nentered in the said record-of-rights, shall be enforceable, save as provided in this \nChapter or in  Section 32 [or, where proceedings by way of appeal or revision were \npending on the date of final publication of the record-of-rights, save in accordance with \nthe decision in such proceedings or, in any appeal preferred therefrom]: \nProvided that in any area in respect of which a record-of-rights has been finally \npublished before the commencement of this Act, a Revenue Officer may on the \napplication of any landlord, made within two years from the commencement of this Act, \nassess a fair rent on lands which are included in a holding and are assessable with rent \nbut for which no rent has been paid or has been entered as payable in the record-or- \nrights. \n(2) The periods of fifteen years and seven years mentioned in clauses (a) and (b) of \nsub-section (1) shall be counted from the date of the final publication of the record-of- \nrights.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 91
        },
        {
            "number": "95",
            "title": "Section 95. Expenses of pr oceedings under this Chapter - (1) When the preparation of a",
            "chapter": null,
            "content": "record-of-rights has been directed or u ndertaken under this C hapter, t he expenses \nincurred in carrying out the provisions of this Chapter in any local area, estate, tenure or \npart thereof (including expenses that may be incurred at any time, whether before or \nafter the preparation of the record-of-rights, in the maintenance, repair or restoration of \nboundary marks and other sur vey marks erec ted for t he purpose of carrying out the \nprovision of this Chapter), or such part of those expenses as the [State] Government, \nmay direct, shall be defrayed by the landlords, tenants and occupants of land in the \nlocal area, estate, tenure or part, in such proportions and in such instalment (if any), as \nthe [State] Government, having regard to all the circumstances may determine. \n(2) The cost of preparing copies of survey maps and extracts from record-of-rights \nunder this Chapter for distribution to landlords, and tenants shall be deemed to be part \nof the expenses incurred in carrying out the provisions of this Chapter. \n(3) The estimated amount of the expenses likely to be incurred for the maintenance, \nrepair or restoration of boundary-marks for a period not exceeding fifteen years or such \npart of such amount as the [State] Government may direct, may be recovered in \nadvance in the same manner as if such expenses had been already incurred. \n\n(4) The portion of the expenses referred to in the foregoing provisions of this Section \nwhich any person is liable to pay shall be recoverable by the [State] Government as if it \nwere an arrear of land-revenue due in respect of the said local area, estate, tenure or \npart. \nExplanation. - The word \"tenure\" in this Section includes all revenue-free and rent-free \ntenures and holdings within a local area, estate or tenure.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 92
        },
        {
            "number": "96",
            "title": "Section 96. Power of Revenue Officer to give effect to agreement or compromise - In",
            "chapter": null,
            "content": "framing a record-of-rights, and in deciding disputes under this Ch apter t he Revenue \nOfficer shall give effect to any lawful agreement or compromise made or entered into by \nany landlord and his tenant : \nProvided as follows :-\n\n(a) the Revenue Officer shall not give effect to any agreement or compromise and terms \nof which, if they were embodied in a contract could not be enforced under this Act; and \n \n(b) where the terms of any agreement or compromise are such as might unfairly or \ninequitably affect the right of third parties, the Revenue Officer shall not give effect to \nsuch agreement or compromise unless and until he is satisfied by evidence that the \nstatements made by the parties thereto are correct.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 93
        },
        {
            "number": "97",
            "title": "Section 97. Date from which settled rent takes effect - When a rent is settled by Revenue",
            "chapter": null,
            "content": "Officer under this Chapter, it shall take effect from the beginning of the agricultural year \nnext after the date of the decision finally fixing the rent.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 94
        },
        {
            "number": "98",
            "title": "Section 98. Revision of r ecord-of-rights, and new settlement of rents, under orders of",
            "chapter": null,
            "content": "State Government - (1) The [State] Government may at any time, either of its own \nmotion or on the application of any landlord or tenant, direct that any record-of-rights \nwhich has been finally published under this Act or under any law in force before the \ncommencement of this Act, or any portion of any such record-of-rights, be revised, in \nthe prescribed manner, but not so as to affect any rent entered therein. \n(2) At any time after the expiration of the period of,- \n \n(a) fifteen years from the date of the certificate of the final publication of a record-of- \nrights, when such publication was made after the commencement of this Act, or \n \n(b) seven years from the date of the certificate of the final publication of a record-of- \nrights, when such publication was made before the commencement of this Act, \n \nand thereafter, at intervals of periods of fifteen years, the [State] Government may, of its \nown motion or on the application of any landlord or tenant direct,- \n \n(i) that such record-of-rights or any portion thereof be revised in the prescribed manner; \nand \n \n(ii) that a settlement of rents payable by tenants be made under Section 85. \n \n\n(3) The foregoing Sections of this Chapter shall, subject to any rules made in this behalf \nunder Section 264, apply to every revision and settlement referred to in sub-section (1) \nor sub-section (2).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 95
        },
        {
            "number": "99",
            "title": "Section 99. Enhancement of rent where application under Section 98 is rejected - If the",
            "chapter": null,
            "content": "[State] Government rejects any application made by a landlord under Section 98, sub- \nsection (2), for a revision of a record-of-rights after the expiration of the period of fifteen \nyears or the period of seven years as the case may be, referred to in that sub-section, \nsuch landlord may apply to Deputy Commissioner for t he enhancement of any rent \nentered in such record-of-rights as being payable to him.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 96
        },
        {
            "number": "100",
            "title": "Section 100. Validation of directions given, before the commencement of this Act for the",
            "chapter": null,
            "content": "record of certain r ights - Where a direction has been given any order made under \nSection 101 of the Bengal Tenancy Act, 1885 (2 of 1885), before the commencement of \nthis Act, for the record of any rights of the kind mentioned in clause (n) of Section 81 of\n\nthis Act, such direction shall be deemed to be as valid as if the said clause had been \nenacted before such order was made. \n[100A. Application of  certain pro visions to rights if p asturage, to take forest \nproduce, etc. and to  payments in r espect thereof. - [* * *] The provisions of this \nChapter, excluding Section 94 and of Sections 53 to 58 both inclusive, and Section 63, \nshall, so far as may be, apply to any of the following rights not being rights created by a \n[Registered contract] namely, rights of pasturage, rights to take forest-produce, rights of \nfishery, or other similar rights and to the sum, if any, payable by a person in respect \nthereof, as if such rights person and sum were respectively land held by a tenant, the \ntenant thereof and the rent payable in respect thereof, and as if the payee of such sum \nwere the landlord under whom such person holds.] \n[* * * * * *] \n \nChapter XIII \n \nPraedial Conditions and The Commutation and Record Thereof",
            "footnote": "",
            "is_definition": false,
            "sort_order": 97
        },
        {
            "number": "101",
            "title": "Section 101. Prohibition against new praedial conditions - From and after the",
            "chapter": null,
            "content": "commencement of this Act,- \n \n(a) no tenancy shall be created with any praedial condition attached, other than rent- \nfree tenancies with the sole condition of rendering personal service; and \n \n(b) no new praedial condition shall be imposed on any tenancy in existence at any time \nof such commencement.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 98
        },
        {
            "number": "102",
            "title": "Section 102. Liability of tenant when original conditions of tenancy cannot be ascertained",
            "chapter": null,
            "content": "- When the original conditions of a tenancy cannot be ascertained, the tenants shall not \nbe liable to any praedial conditions other than or in excess of those to which, by local \ncustom or usage, he, in common with the general body of the class to which he belongs \nin the village tenure or estate in which the lands of the tenancy are situated, is liable : \nProvided that, in any case in which praedial conditions have been complied with by a \ntenant for a  period of five years co ntinuously, any Revenue Officer acting under this \n\nChapter may, when commuting such conditions under this Chapter, presume that the \nsame have been complied with in accordance with local c ustom or usage or in \naccordance with an express or i mplied contract made at the commencement of the \ntenancy.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 99
        },
        {
            "number": "103",
            "title": "Section 103. Method of c alculating pre sent value of pra edial conditions - When in any",
            "chapter": null,
            "content": "proceedings under this Act, it becomes necessary for a Court to calculate the value of \nany praedial condition such value shall be taken to be its average value during the ten \nyears immediately prior to  the proceedings, or d uring any shorter period for which \nevidence may be available.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "104",
            "title": "Section 104. Procedure in suit for rent and value of praedial conditions - When in any suit",
            "chapter": null,
            "content": "for t he recovery of rent, it is s ought to recover t he value of the praedial conditions \nappurtenant to a  tenancy, an issue may be framed as to whether t he value of the \npraedial conditions, when added to the rent payable in respect of the tenancy, exceeds\n\na fair rent, and, if it is found that the resulting amount exceeds a fair rent, the Court shall \ndecree the rent and so much (if any) of the value of the praedial conditions as, together \nwith the rent will not exceed the sum which would, having regard to the special \ncircumstances of the case, be a fair rent.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 101
        },
        {
            "number": "105",
            "title": "Section 105. Voluntary commutation of praedial conditions - (1) When any land is held",
            "chapter": null,
            "content": "subject to any praedial conditions, the tenant or the landlord may apply in writing to a \nRevenue Officer for commutation of such conditions. \n(2) The Revenue Officer shall thereupon cause a notice to be served on the landlord or \nthe tenant, as the case may be, and shall fix a day for considering the application; and \non such day, or a ny day thereafter, to which the hearing may be adjourned, shall \nproceed to inquire into the matter and to determine the amount which, in his judgement \nis fairly and equitably payable in commutation of such conditions. \n(3) In calculating the said amount, the Revenue Officer shall have regard only to the \nconditions to which the tenant is liable in accordance with local custom or usage or with \nany contract made when the tenancy commenced and to the money value of such \nconditions at the time of making such calculation shall follow the procedure provided in \nSection 103: \nProvided that the amount payable in commutation shall be so fixed that the total annual \nrent of the land, including such amounts as aforesaid, shall no: exceed the sum which \nwould, having regard to the special circumstances of the case be a fair and reasonable \nrent if the land were not held subject to any praedial conditions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 102
        },
        {
            "number": "106",
            "title": "Section 106. Power to order record of praedial conditions, with or without commutation -",
            "chapter": null,
            "content": "(1) The [State] Government may, in any case in which it is, in its opinion, expedient so \nto do, make an order directing either,- \n \n(a) that a record of all praedial conditions to which the lands within any local area or any \nestate, tenure or part thereof are subject shall be prepared, and a commutation of such \nconditions made, by a Revenue Officer; or \n \n(b) that a record as aforesaid be made by a Revenue Officer without commutation of \nsuch conditions as aforesaid. \n \n(2) A notification in the [* * *] [Gazette] of an order under this Section shall be conclusive \nevidence that the order has been duly made. \n\n(3) The record of praedial conditions shall be prepared in the prescribed manner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 103
        },
        {
            "number": "107",
            "title": "Section 107. Preparation of record - (1) Whenever an order is made under Section 106, the",
            "chapter": null,
            "content": "Revenue Officer shall thereupon proceed to prepare a record containing the following \nparticulars, namely: \n \n(a) the name of each tenant; \n(b) the name of his landlord; \n(c) the rent payable for the lands held by each tenant at the time the record is being \nprepared;\n\n(d) the praedial conditions to which all or any of such lands are subject; \n \n(e) the amount in which the judgement of the Revenue Officer, may fair try be deemed \npayable in commutation of such conditions; and \n \n(f) any other prescribed particulars. \n \n(2) In calculating the amount payable commutation of such conditions the Revenue \nOfficer shall be guided by the provision of Section 105, sub-section (3).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 104
        },
        {
            "number": "108",
            "title": "Section 108. Publication of record - (1) When the Revenue Officer has prepared a record",
            "chapter": null,
            "content": "under Section 107, he shall cause a draft of the same to be locally published in the \nprescribed manner and for the prescribed period, and shall receive and consider any \nobjections which may be made to any entry therein or to any omission therefrom during \nthe period of publication. \n(2) When objection have been considered and disposed of in the prescribed manner, \nthe record shall be finally framed and published in the prescribed manner. \n(3) Separate draft or records may be published under sub-section (1) or subsection (2) \nfor different local areas, estates, tenure or part thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 105
        },
        {
            "number": "109",
            "title": "Section 109. Appeal from orders of Revenue Officer - An appeal shall lie, in the prescribed",
            "chapter": null,
            "content": "manner and to the prescribed Officer, from any order of Revenue Officer under this \nChapter.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 106
        },
        {
            "number": "110",
            "title": "Section 110. Revision by Commissioner or Board - The Commissioner or the Board may",
            "chapter": null,
            "content": "direct the revision of any record prepared under this Chapter of any portion of such \nrecord, at any time within two years from the date of the final publication of the record, \nbut not so as to affect any decision from which an appeal has been preferred under \nSection 109: \nProvided that no such direction shall be made until reasonable notice has been given to \nthe parties concerned to appear and be heard in the matter.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 107
        },
        {
            "number": "111",
            "title": "Section 111. Procedure where a survey and record-of-rights are being made - In every local",
            "chapter": null,
            "content": "area, estate, tenure or part thereof in which a survey is being made and a record-of- \nrights is being prepared under this Act  or under a ny law in force before the \ncommencement of this Act, \nand in which a record of praedial conditions are being prepared and a commutation \nthereof is being made an order issued under Section 106. \n\nSections 107 to 109 shall not apply, and the following provisions shall have effect, \nnamely :- \n \n(1) The Revenue Officer shall at the time of attesting the preliminary record, ascertained \nall the praedial conditions to which, by local custom or usage or by contract made when \nthe tenancy commenced each tenant is liable, and the cash value of such condition and \nshall prepare a statement, in the prescribed form showing the conditions and values so \nascertained. \n \n(2) In calculating the cash value of such conditions, the Revenue Officer, shall be \nguided by the provisions of Section 105, sub-section (3).\n\n(3) The Revenue Officer shall enter in the Khatiyan of each tenant the cash value of the \npraedial condition (if any) to which such tenant is liable as ascertained under clause (1). \n \n(4) If  any tenant is l iable, by local c ustom or usage or by  contract made when the \ntenancy commenced, to any praedial conditions other than those to which the general \nbody of tenants are li able or is not liable to all the praedial c onditions to which the \ngeneral body of tenants are liable, the Revenue Officer shall also specify in the Khatiyan \nthe praedial condition to which such tenant is liable. \n \n(5) The statement prepared under Clause (1), and the entries in the Khatiyan shall be \npublished in draft in the same manner and for the same period as the record-of-rights. \n \n(6) Objection as to entries or omission in the statement of Khatiyan relating to praedial \ncondition may be made under the same condition as objection to entries in or omission \nfrom the record-of-rights and shall be disposed of in the same manner as  such \nobjections. \n \n(7) After the disposal of objections, the said statement, and the entries in the Khatiyan \nrelating to praedial conditions shall be finally published at the same time and in the \nsame manner as the record-of-rights. \n \n(8) At any time within three months from the date of the certificate of the final publication \nof the record-of-rights, a suit may be instituted before a Revenue Officer for the decision \nof any dispute regarding any entry in the record relating to praedial conditions or \nregarding any omission to enter a ny such conditions in the record and; the Revenue \nOfficer shall hear and decide the dispute. \n \n(9) In all such suits, the Revenue Officer shall, subject to any rule made in this behalf \nunder Section 264 adopt the procedure laid down in Chapter XVI for the trial of suits. \n \n(10) An appeal shall lie, in the prescribed manner and to the prescribed officer, from any \ndecision of a Revenue Officer under Clause (8).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 108
        },
        {
            "number": "112",
            "title": "Section 112. Note of decisions in record-of-rights - A note of all decisions under Clause (8)",
            "chapter": null,
            "content": "and decisions on appeal under clause (10) of Section 111 shall be made in record-of- \nrights as finally published under Section 83 and such note shall be considered as part of \nthe record.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 109
        },
        {
            "number": "113",
            "title": "Section 113. Decisions of qu estions as to whether a payment in kind is a praedial",
            "chapter": null,
            "content": "condition or a payment of rent in kind - Where, in any proceeding under this Chapter \nor under Section 61, a question arises as to whether a payment in kind is a praedial \ncondition or a payment of rent in kind the Revenue Officer acting under this Chapter or \nthe officer acting under Section 61, as the case may be, shall after such inquiry as he \nmay consider necessary, decide whether in fact the payment is a praedial condition or \nnot.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "114",
            "title": "Section 114. Commencement and effect of commutation - (1) When the commutation of any",
            "chapter": null,
            "content": "praedial conditions is settled under this Chapter, for any local area or estate, tenure or\n\npart thereof, the settlement shall take effect from the beginning of the agricultural year \nnext after the final publication of the record. \n(2) The amount determined by a Revenue Officer under this Chapter to be payable by a \ntenant in commutation of praedial condition shall be deemed to be part of the rent \npayable by the tenant and shall be recoverable accordingly.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 111
        },
        {
            "number": "115",
            "title": "Section 115. Expenses of voluntary commutation - When in any case, the proceedings under",
            "chapter": null,
            "content": "Section 105 have been completed, the Revenue Officer sh all apportion the total \nexpenses thereof between the landlord and tenant in such proportion as, having regard \nto all the circumstances, he may deem fit; and the amount so apportioned shall be \nrecoverable as an arrear of land revenue.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 112
        },
        {
            "number": "116",
            "title": "Section 116. Expenses of record and compulsory commutation - The expenses incurred by",
            "chapter": null,
            "content": "the [State] Government; in carrying out in any local area or any estate, tenure or part \nthereof any order made under Section 106 or such part of those expenses as the [State] \nGovernment may direct shall be defrayed by the landlords and tenants of land in that \nlocal area, tenure or part, in  such proportions as the [State] having regard to all \ncircumstances, may determine. \n(2) The portion of the aforesaid expenses which any person is liable to pay shall be \nrecoverable by the [State] Government as if it were an arrear of land revenue due in \nrespect of the said local area, estate, tenure or part. \nExplanation. - The word \"tenure\" in this Section includes all revenue-free and rent-free \ntenures and holdings within a local area, estate or tenure.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 113
        },
        {
            "number": "117",
            "title": "Section 117. Saving of right to claim reduction or enhancement of rent - No proceedings",
            "chapter": null,
            "content": "under this Chapter shall bar the right of any tenant or landlord to claim a reduction or \nenhancement of rent under this Act after such proceedings have been completed. \n \nChapter XIV \n \nRecord of Landlord's Privileged Lands",
            "footnote": "",
            "is_definition": false,
            "sort_order": 114
        },
        {
            "number": "118",
            "title": "Section 118. Definition of \"landlord's privileged lands\" - (1) The expression \"landlord's",
            "chapter": null,
            "content": "privileged lands\", as used in this Chapter, means,- \n \n(a) lands which are cultivated by the landlord himself with his own stock or by his own \nservants or by hired labour or are held by a tenant on lease for a term [exceeding one \n\nyear, or on a lease written or oral for a period of one year or less], and which are by \ncustom, recognised as privileged land in which occupancy-rights cannot accrue, and \n \n(b) [Land which are known as 'Zirat' in the Chota Nagpur Division other than the [district \nof Ranchi and Dhanbad and Patamda, Ichagarh and Chandi police-stations in the \ndistrict of Singhbhum], lands which are known as man in the [district of Dhanbad and \nPatamda, Ichagarh and Chandi police-stations in the district of Singhbhum] and lands \nwhich are entered as Manjhihas or Bethpketa in any register prepared and confirmed \nunder t he Chota Nagpur Te nures Act, 1869 (Ben. Act 2 of 1869).]\n\n(2) From such [date] as the [State] Government may by notification direct, no lease [for \na term which exceeds or might in any possible event exceed one year] s hall be \nconsidered for the purpose of clause (a) of this Section unless it be in writing.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 115
        },
        {
            "number": "119",
            "title": "Section 119. Power to dir ect a survey and r ecord of landlord s  privileged lands - The",
            "chapter": null,
            "content": "[State] Government may, by notification, direct a Revenue Officer to make a survey and \nrecord of all lands in any specified local area which are landlord's privileged lands within \nthe meaning of clause (a) of Section 118.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 116
        },
        {
            "number": "120",
            "title": "Section 120. Application of certain Sections. - When a notification has been published under",
            "chapter": null,
            "content": "Section 119, directing the making of a record, the provisions of Sections 83, 84, 87, 88, \n90, 95 and 96, so far as they may be applicable, shall apply to such record as if it were \na record-of-rights referred to in those Sections.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 117
        },
        {
            "number": "121",
            "title": "Section 121. Power to  record landlord's privileged lands on application of landlord or",
            "chapter": null,
            "content": "tenant - When any land is alleged to be a landlord's privileged land within the meaning \nof clause (a) of Section 118, then, on the application of the landlord or of any tenant of \nthe land, and on his depositing the required amount for expenses a Re venue Officer \nmay ascertain and record whether the land is or is not landlord's privileged land within \nthe meaning of the said clause : \nProvided that when a record of such lands has been or is being made by a Revenue \nOfficer under Section 119, no application shall be entertained under this Section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 118
        },
        {
            "number": "122",
            "title": "Section 122. Procedure in inquiries - In any inquiry under this Chapter, a Revenue Officer,-",
            "chapter": null,
            "content": "(1) shall have regard to any evidence that may be available in respect of the following \namong other matters, namely,- \n \n(a) who originally reclaimed the lands and brought them under cultivation; \n \n(b) whether the lands have at any time been let as landlord's privileged lands or as \nRaiyati lands; and \n \n(c) whether the lands have, since their reclamation, been let year by year, or for specific \nperiods, or for indefinite periods; and \n \n(2) shall proceed in the prescribed manner; and \n\n \n(3) shall receive in evidence any judgement, decree or order of a Civil Court or of the \nDeputy Commissioner, if the same be relevant; \n \nbut no such judgement, decree or order shall be conclusive proof that the lands are, or \nnot landlord's privileged lands.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 119
        },
        {
            "number": "123",
            "title": "Section 123. Presumption that lands are not landlord's privileged lands - In any inquiry by a",
            "chapter": null,
            "content": "Revenue Officer under this Chapter or by any Court, as to whether lands are or are not \nlandlord's privileged lands, the Officer or Court shall presume until the contrary is \nproved that the lands are not landlord's privileged lands.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 120
        },
        {
            "number": "124",
            "title": "Section 124. No land in certain villages to be recorded as landlord's privileged lands -",
            "chapter": null,
            "content": "Where any land in any village is entered as Manjhihas or Bet-kheta in any register \nprepared and confirmed under the Chota Nagpur Tenure Act, 1869 (Bengal Act 2 of\n\n1869), a Revenue Officer acting under this Chapter shall not record any other lands in \nthat village as being landlord's privileged lands.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 121
        },
        {
            "number": "125",
            "title": "Section 125. Exclusion of unrecorded lands from category of landlord's privileged lands -",
            "chapter": null,
            "content": "When a record of landlord's privileged lands has been prepared under Section 119 for \nany area, no other lands in that area shall be deemed to be landlord's privileged lands.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 122
        },
        {
            "number": "126",
            "title": "Section 126. Appeal - An appeal shall lie, in the prescribed manner and to the prescribed",
            "chapter": null,
            "content": "Officer from decisions and orders of a Revenue Officer under this Chapter. \nChapter XV \nRecord-of-Rights and Obligations of Raiyats Having khunt-katti Rights, Village \nHeadmen and other classes of tenants",
            "footnote": "",
            "is_definition": false,
            "sort_order": 123
        },
        {
            "number": "127",
            "title": "Section 127. Record-of-rights and obligations of Raiyats having Khuntkatti rights village",
            "chapter": null,
            "content": "headmen and other class of tenants - (1) The [State] Government may make an \norder direc ting that a record be prepared by a Revenue Officer of the rights and \nobligation in any specified local area of,- \n \n(a) 'Raiyat having 'khunt-katti' rights, \n(b) [village headman], or \n(c) any other class of tenants, and that a settlement of fair rents to be paid by such \npersons or any of them be made. \n \nExplanation. - The word \"rights\", as used in this sub-section, includes the right of a \nvillage-headman to hold his office as well as his right to hold land. \n(2) A notification in the [* * *] [Official Gazette] of an order under this Section shall be \nconclusive evidence that the order has been duly made.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 124
        },
        {
            "number": "128",
            "title": "Section 128. Application of certain Sections - (1) When a notification has been published",
            "chapter": null,
            "content": "under Section 127, directing the preparation of a record, the provisions of Section 81, \nSection 83, Section 84, sub-sections (1) and (2), and Sections 39 to 96, so far as they \nmay be applicable, shall apply as if such records were referred to in those Sections. \n(2) When any such notification directs that a settlement of fair rents be made, the \nprovisions of Section 85, sub-sections (3), (4) and (5), Section 86, Section 89, and \nSections 95 to 97, so far as they may be applicable shall apply to such settlement as if it \nwere a settlement referred to in those Sections.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 125
        },
        {
            "number": "129",
            "title": "Section 129. Notice of entries to interested persons - At the time of the final publication of a",
            "chapter": null,
            "content": "record prepared by a Revenue Officer under this Chapter that officer shall cause a copy \nof the entries therein to be served in the prescribed manner, on all persons interested in \nsuch entries, so far as such persons can be ascertained.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 126
        },
        {
            "number": "130",
            "title": "Section 130. Suits to decide disputes as to entries in or omission from record - (1) Where",
            "chapter": null,
            "content": "there is a dispute regarding the correctness of any entry made in a record prepared \nunder t his C hapter, or regarding any incorrect omission therefor on a suit may  be \ninstituted before a Revenue Officer at any time within three months from the date of the \ncertificate of the final publication of the record.\n\nProvided that in any suit under this Section, the Revenue Officer shall not try any issue \nwhich has been, or is already, directly and substantially in issue between the same \nparties or between parties under whom they or any of them claim, in proceedings for the \nsettlement of rents, where such issue has been tried and decided, or is al ready being \ntried, by a Revenue Officer acting under Section 86 in proceedings instituted after the \nfinal publication of the record. \n(2) In all suits under this Section, the Revenue Officer shall, subject to any rules made \nin this behalf under Section 264, adopt the procedure laid down in Chapter XVI for the \ntrial of suits before the Deputy Commissioner. \n(3) An appeal shall lie, in the prescribed manner and to the prescribed officer, from the \ndecision of the Revenue Officer in such suits.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 127
        },
        {
            "number": "131",
            "title": "Section 131. Note of final decisions in record - A note of all decisions under subsection (1) of",
            "chapter": null,
            "content": "Section 133 and of all decisions on appeal under sub-section (3) of that Section shall be \nmade in the record prepared under Section 127 and such note shall be considered as \npart of the record.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 128
        },
        {
            "number": "132",
            "title": "Section 132. Evidential value of entries - When a record has been finally published under",
            "chapter": null,
            "content": "Section 128, or amended under Section 131, the entries made therein shall [in every \nsuit, application or proceeding to which the landlord or a tenant or any person claiming \nto be the landlord or as  tenant is a party] be conclusive evidence of the rights and \nobligations of the tenants to which such entries relate and of all the particulars recorded \nin such entries.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 129
        },
        {
            "number": "133",
            "title": "Section 133. Revenue-Officer to have regard to origin and nature of tenancy and status of",
            "chapter": null,
            "content": "tenants - In making inquiries under this Ch apter in to the rights and obligations of \ntenants the Revenue Officer shall have regard to the origin and nature of each tenancy \nand the real status of the tenant, notwithstanding that the tenant may have been \ndescribed in any document as a Thikadar or temporary lease holder or in any other \nsimilar terms.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 130
        },
        {
            "number": "134",
            "title": "Section 134. Exclusion of unrecorded lands from category of khunt-katti lands - When a",
            "chapter": null,
            "content": "record-of-rights and obligations of Raiyats having khunt-katti rights has been prepared \nunder this Chapter for any local area, no lands in such area, which are not entered in \nsuch record, shall be recognised as lands in respect of which khunt-katti rights can be \nacquired. \n \nChapter XVI \n\n \nJudicial Procedure in Matters Cognizable by The Deputy Commissioner",
            "footnote": "",
            "is_definition": false,
            "sort_order": 131
        },
        {
            "number": "135",
            "title": "Section 135. Place for holding Deputy Commissioner's Court - The Deputy Commissioner",
            "chapter": null,
            "content": "may hold a Court for hearing and determining suits and application under this Act, in \nany place within the local limits of his jurisdiction : \nProvided that every hearing and decision shall be in open Court, and that the parties to \nthe suit or application, or their agents, shall have had due notice to attend at such place.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 132
        },
        {
            "number": "136",
            "title": "Section 136. Office for instituting suits and making applications - Suits and applications",
            "chapter": null,
            "content": "before the Deputy Commissioner under this Act shall respectively be instituted and \nmade,-\n\n(a) in the Revenue-office of the district; or \n \n(b) when the cause of action has arisen within the local limits of the jurisdiction of a \nDeputy Collector, who is empowered to receive such suits or applications, then in the \noffice of such Deputy Collector; or \n \n(c) in the office of the Revenue Officer having jurisdiction to entertain the same.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 133
        },
        {
            "number": "137",
            "title": "Section 137. Withdrawal of suits - The Deputy Commissioner may withdraw any suit",
            "chapter": null,
            "content": "[application or pr oceedings] from any Deputy Collector or R evenue Officer, who is \nexercising powers of the Deputy Commissioner under this Act and may try it himself or \ntransfer it to any Deputy Collector.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 134
        },
        {
            "number": "138",
            "title": "Section 138. Jurisdiction where land is situated in more than one district or subdivision -",
            "chapter": null,
            "content": "(1) When any suit is instituted or application made in respect of any land comprised in a \ntenure or holding and such land is situated in more than one district or sub-division, the \ndistrict or sub-division in which the greater part of such land is situated shall be deemed \nto be the district or sub-division in which the cause of action has arisen; \nand if any question be raised respecting the district or sub-division in which the greater \npart of the land is situated, the Board or (if the land is situated in one district) the Deputy \nCommissioner shall decide the question. \n(2) Except as provided in sub-section (1), no Deputy Commissioner shall exercise any \njurisdiction under this Act in respect of any land situated beyond the local limits of his \njurisdiction, even if, such land forms part of an estate the revenue of which is paid into \nthe treasury of his district.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 135
        },
        {
            "number": "139",
            "title": "Section 139. Certain suits and applications cognizable only by the Deputy Commissioner -",
            "chapter": null,
            "content": "The following suits and applications shall be cognizable by the Deputy Commissioner, \nand shall be instituted and tried or heard under the provisions of this Act, and shall not \nbe cognizable in any other Court, except as otherwise provided in this Act, namely,- \n \n(1) all suits for the delivery of leases or counterpart engagements; \n[(2) (a) all suits and applications or the determination of the rent payable by a tenant for- \n(b) all suits and applications not otherwise provided for in this Act for the assessment of \nrent upon, or for alteration of rent payable by a tenant for- \n\n \n(c) all suits for arrears of rent on account of,- \n \nagricultural land, whether subject to the payment of rent or only to the payment of dues \nrecoverable as if they were rent- \n \n(3) (a) all applications to determine the existence, non-existence, nature or extent of- \n(b) all applications for determination of the sum payable by any person in respect of-\n\n(c) all applications for assessment of the sum fairly payable by any person, or for \nalteration of the sum payable by any person, in respect of- \n \n(d) all applications for damages in respect of exceeding, or in respect of interference \nwith the enjoyment of; \n \n(e) all suits for arrears of anything payable in respect of,- \n \n[any of the following rights (not being rights created by a registered contract), namely, \nrights of pasturage], rights to take forest produce, rights of fishery or other similar rights; \n(4) all suits and applications [under this Act] to eject any tenant of agricultural land or to \ncancel any lease of agricultural land; \n(4-A) all suits for ejectment of a trespasser where the plaintiff claims as alternative relief \nthat the defendant be declared liable to pay for the land in his possession a fair rent; \n(5) all suits and applications to recover the occupancy or possession of any land from \nwhich a tenant has been unlawfully ejected by the landlord or any person claiming \nunder or through the landlord; \n(6) subject to the provisions of sub-section (5) of Section 74-A, all suits by or against a \nvillage headman for a declaration of title in, possession or ejectment from or recovery of \nhis office or land comprised in his village-headman's tenancy, whether based or not on \nan allegation of the existence or non-existence of the relationship of landlord and tenant \nand whether brought or not by or against the landlord of such land;] \n(7) all suits by landlords and others in respect of the rent of land, against any agents \nemployed by them in the management of land or the collection of rents, or the sureties \nof such agents for money received or accounts kept by such agents in the course of \nsuch employment, or for papers in their possession; and \n(8) all suits and applications in respect of which jurisdiction is conferred by this Act on \nthe Deputy Commissioner: \n[Provided that the Deputy Commissioner may subject to such rules as may be made in \nthis behalf under Section 264, transfer any particular suit or application or any class of \nsuits or application cognizable by him under this Section to a competent Civil Court for \ntrial.] \n[139A. Exclusive jurisdiction of Deputy Commissioner in certain cases. - Subject \nto the provisions of Chapter XII, no Court shall entertain any suit concerning any matter \n\nin respect of which an application is c ognizable by the Deputy Commissioner under \nSection 139, and the decision of the Deputy Commissioner on any such application \nshall, subject to the provisions of this Act relating to appeal, be final.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 136
        },
        {
            "number": "140",
            "title": "Section 140. Collective suits or applications - Subject to such rules (if any) as may be made",
            "chapter": null,
            "content": "in this behalf under Section 264, a suit may be instituted before, or an application may \nbe made to, the Deputy Commissioner collectively by or against any number of tenants \nholding land in the same village; and an allegation that such tenants are wrongly joined \nshall be no ground for dismissing a suit or refusing to hear an application; \nbut, no order shall be passed in any collective suit or on any such collective application \nunless the officer making the same is satisfied that all parties have had an opportunity \nto appear a nd make objection to any claims preferred against them;\n\nand if at any time it appears to the Deputy Commissioner that the question between any \ntwo of the parties of whom one is so joined with others cannot conveniently be jointly \ntried or heard, the Deputy Commissioner may order a separate trial or hearing.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 137
        },
        {
            "number": "141",
            "title": "Section 141. Order or decree in collective suit or on collective application to specify how",
            "chapter": null,
            "content": "far it effects each tenant - Every order or decree passed in any case which is tried or \nheard jointly under Section 140 shall specify the extent to which each of the tenants \nnamed in the order or decree shall be affected thereby.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 138
        },
        {
            "number": "142",
            "title": "Section 142. Suit by co-sharer landlord for rent - (1) Notwithstanding anything contained in",
            "chapter": null,
            "content": "Section 257, a co-sharer landlord may institute a suit to recover from a tenant,- \n(a) his share of the rent, when such share is collected separately, or \n(b) the whole of the rent due to the plaintiff and his co-sharers, when all or any of his co- \nsharers, who refuse to join in the suit are made defendants therein. \n \n(2) When in a suit instituted under clause (b) of sub-section (1), the plaintiff is unable to \nascertain what rent is due for the whole tenure or holding, or whether the rent due to the \nother co-sharer landlords has been paid or not, owing to the refusal or neglect of the \ntenant or the said landlords to f urnish him with correct information on these points or \neither of them, the Deputy Commissioner shall determine,- \n \n(i) what sum (if any) is due to the plaintiff for rent, interest thereon, and costs, and \n \n(ii) what sums (if any) are due to the said landlords, respectively on account of their \nshare of the rent and interest therein, for the period in respect of which the suit is \nbrought; and shall decree the suit accordingly. \n \n(3) Notwithstanding anything contained in Explanation 1 to Section 47, or in Section \n196, a decree awarding to a plaintiff a sum referred to in clause (i) of subsection (2) \nshall, as regards the remedies for enforcing the same, be as effectual as a decree \nobtained by a sole landlord or an entire body of landlords in a suit brought for the rent \ndue to all the co-sharers. \n(4) When the sums due from a tenant to any co-sharer landlord are determined under \nclause (ii) of sub-section (2), in respect of any period, then no further suit s hall lie \nagainst such tenant for rent alleged to be due to such landlord in respect of that period.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 139
        },
        {
            "number": "143",
            "title": "Section 143. Institution of suits by presentation of statement of claim - Suits before the",
            "chapter": null,
            "content": "Deputy Commissioner under this Act shall be instituted by presenting a statement of \nclaim showing,- \n \n(a) the name, description and place of abode of the plaintiff; \n \n(b) the name, description and place of abode of the defendant so far as they can be \nascertained; \n \n(c) the substance to the claim; and\n\n(d) the date of the cause of action.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 140
        },
        {
            "number": "144",
            "title": "Section 144. Additional particulars required in statement of claim in certain suits and in",
            "chapter": null,
            "content": "certain applications - (1) In all suits and applications before the Deputy Commissioner \nfor the recovery of an arrear of rent or for the ejectment of a tenant from any tenure or \nholding or for the recovery of occupancy or possession of any tenure or holding, the \nstatement of or application shall contain, in addition to the particulars required by \nSection 143,- \n \n(a) a specification of situation and designation of the land held by the tenant, and \n \n(b) a specification of the extent and boundaries of such land, or (if the plaintiff is unable \nto specify the extent or boundaries) a description sufficient for the identification of the \nland. \n \n(2) In all suits and applications referred to in sub-section (1), and in all other suits and \napplications before the Deputy Commissioner under this Act relating to the rent of land \nor to any right or easement arising out of land. \nIf a survey has been made and a record-of-rights has been finally published under this \nAct or under any law in force before the commencement of this Act, in respect of the \nland to which the suit or application relates, \nthe statement of claim on application shall further contain the following particulars, \nnamely,- \n \n(i) a list of the survey plots comprised in the tenancy, \n \n(ii) a statement of the rental of the tenancy according to the record-of-rights, and \n \n(iii) a copy of all entries in the record-of-rights, in regard to the subject-matter of the suit \nor application, unless the Deputy Commissioner is satisfied for reasons to be recorded \nin writing that it is not necessary that such particulars or any of them should be \nfurnished or that the plaintiff was prevented by any sufficient cause from furnishing such \nparticulars or any of them : \n\n \nProvided that in all cases in which the Deputy Commissioner admits a statement of \nclaim or application which does not contain the said particulars, he may direct the \nsupply, without payment of fee of a verified or certified copy of, or extract from, the \nrecord-of-rights relating to the tenancy and the question in dispute in the suit or \napplication. \n(3) Where since the record-of-rights was prepared and finally published an alteration \nhas been made in the area of the tenancy, the statement of claim must further show \nhow the amount of the rent claimed in the suit has been calculated.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 141
        },
        {
            "number": "145",
            "title": "Section 145. Substitution of  copies or extracts for  original documents admitted in",
            "chapter": null,
            "content": "evidence - When any account books, rent-rolls, collection paper, measurement-papers \nof maps have been produced by the landlord before the Deputy Commissioner in any\n\nsuit or proceeding under this Act, and have been admitted in evidence in the suit or \nproceeding or in any inquiry pending before the Deputy Commissioner; \ncopies of extracts from, such documents, certified by a duly authorised officer of the \nCourt of the Deputy Commissioner to be true copies of extracts, may, with the \npermission of the Deputy Commissioner, be substituted on the record for the originals, \nwhich may then be returned to the landlord; \nand thereafter copies of extracts, so certified, may be admitted in evidence in any other \nsuit or proceeding instituted before the same or any other Deputy Commissioner under \nthis Act, unless the Deputy Commissioner before whom they are produced sees fit to \nrequire the production of the originals.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 142
        },
        {
            "number": "146",
            "title": "Section 146. Statement of claim by whom to be presented - The statement of claim shall be",
            "chapter": null,
            "content": "presented by the plaintiff or by an agent of the plaintiff, who is acquainted with the facts \nof the case.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 143
        },
        {
            "number": "147",
            "title": "Section 147. Signature and verification of statement of claim - The statement of claim shall",
            "chapter": null,
            "content": "be subscribed and verified at the foot by the plaintiff or his agent, in the following form- \n \n\"I, 'A', 'B', do declare that the above statement is true to the best of my knowledge, \ninformation and belief.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 144
        },
        {
            "number": "148",
            "title": "Section 148. Production of documents by plaintiff - (1) If the plaintiff relies in support of his",
            "chapter": null,
            "content": "claim on any document in his possession he must produce such document before the \nDeputy Commissioner at the time of presenting his statement of claim. \n(2) If such document be not so produced, it shall not afterwards be admitted unless the \nDeputy Commissioner, for sufficient reasons to be recorded in writing, thinks fit to admit \nit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 145
        },
        {
            "number": "149",
            "title": "Section 149. Production of documents by defendant - If the plaintiff requires the production",
            "chapter": null,
            "content": "of any document in the possession or power of the defendant, he may, at the time of \npresenting his statement of claim, deliver a description of the document to the Deputy \nCommissioner, in order that the defendant may be directed to produce the document.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 146
        },
        {
            "number": "150",
            "title": "Section 150. Return or amendments of statement of claim - If the statement of claim does",
            "chapter": null,
            "content": "not contain the several particulars required by Section 143 or by Sections 143 and 144, \nas the case may be, or is n ot subscribed and verified as required by Section 147, the \nDeputy Commissioner may return the statement of the plaintiff, or may at his discretion \nallow it to be amended.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 147
        },
        {
            "number": "151",
            "title": "Section 151. Issue of summons to defendant - If the statement of claim is in proper form the",
            "chapter": null,
            "content": "Deputy Commissioner sh all direct the issue of a summon to the defendant in the \nprescribed form [and also of a copy of the plaint or, if there are two or more defendants, \nof such portion of the plaint as relates to him.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 148
        },
        {
            "number": "152",
            "title": "Section 152. Attendance of defendant personally or by agent - If the plaintiff requires the",
            "chapter": null,
            "content": "personal attendance of the defendant and satisfies the Deputy Commissioner that such \npersonal attendance is necessary, or if t he Deputy Commissioner of his own accord \nrequires s uch personal attendance, the summons s hall contain an order for the \ndefendant to appear personally on day to be specified in the summons; otherwise the \nsummons s hall order the defendant to appear p ersonally or by  an agent, who is \nacquainted with the facts of the case.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 149
        },
        {
            "number": "153",
            "title": "Section 153. Production of d ocuments and witnesses - The said summons shall order the",
            "chapter": null,
            "content": "defendant to produce any document which he has in his possession and of which the \nplaintiff demands inspection, or upon which the defendant may intend to rely in support \nof his defence; \nand shall also enjoin the defendant to bring his witnesses with him if they are willing to \nattend without issue of process.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 150
        },
        {
            "number": "154",
            "title": "Section 154. Deposit of cost of serving summons - If the amount of the cost of serving the",
            "chapter": null,
            "content": "summons be not deposited in the prescribed manner, the claim shall be rejected; but in \nsuch case, the plaintiff may present another statement of claim at any time within the \nperiod provided by this Act for the limitation of suits.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 151
        },
        {
            "number": "155",
            "title": "Section 155. Procedure when neither party appears - If on the day fixed by the summons for",
            "chapter": null,
            "content": "the appearance of the defendant, or on any subsequent day to which the hearing of the \ncase may be postponed prior to the framing of issues as provided in Section 167 neither \nof the parties appears in person or by agent, the case shall be struck off with liberty to \nthe plaintiff to bring a fresh suit unless precluded by the provisions for the limitation of \nsuits contained in this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 152
        },
        {
            "number": "156",
            "title": "Section 156. Procedure when only the defendant appears - If on such day, only the",
            "chapter": null,
            "content": "defendant appears the Deputy Commissioner shall dismiss the suit unless the \ndefendant admits the claim or part thereof in which case the Deputy Commissioner shall \npass a decree against the defendant upon such admission without costs and where part \nonly of the claim has been admitted shall dismiss t he suit so far as  it relates to the \nremainder: \nProvided that such decree if there be more than one defendant, shall be only against \nthe defendant who makes the admission.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 153
        },
        {
            "number": "157",
            "title": "Section 157. Procedure when only the plaintiff appears - If, on such day, only the plaintiff",
            "chapter": null,
            "content": "appears, the Deputy Commissioner upon proof that the summons has been duly served \nshall proceed to examine the plaintiff or his agent, and, after considering the allegations \nof the plaintiff and any documentary or oral evidence adduced by him, may either \ndismiss the case, or postpone the hearing of it to a future day for the attendance of any \nwitness whom the plaintiff may wish to call, or d ecree the suit ex-parte against the \ndefendant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 154
        },
        {
            "number": "158",
            "title": "Section 158. Production of d ocuments by defendant - If the defendant relies on any",
            "chapter": null,
            "content": "document in support of his defence, he shall produce it before the Deputy \nCommissioner at the first hearing of the suit; and if such document is not so produced it \n\nshall not afterwards be admitted, unless the Deputy Commissioner for sufficient reasons \nto be recorded in writing, thinks fit to admit it.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 155
        },
        {
            "number": "159",
            "title": "Section 159. Hearing of defendant on d ay to which case is postponed - If the defendant",
            "chapter": null,
            "content": "appears on any subsequent day to which the hearing of the suit may be postponed \nunder Section 157, the Deputy Commissioner may, upon such conditions (if any) as to \ncosts or otherwise as he may think proper, allow the defendant to be heard in answer to \nthe suit as if he had appeared on the day fixed for his attendance.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 156
        },
        {
            "number": "160",
            "title": "Section 160. Exemption of women from personal attendance - A female plaintiff or defendant",
            "chapter": null,
            "content": "shall not be required to attend in person if of a rank or class which, according to the \ncustoms and manners of the country, would render it improper for her to appear in \npublic.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 157
        },
        {
            "number": "161",
            "title": "Section 161. Employment of agents - (1) Any party to a suit before the Deputy Commissioner",
            "chapter": null,
            "content": "under this A ct may employ an agent to conduct the case on his behalf; but, the \nappointment of an agent shall not excuse the personal attendance of the plaintiff or \ndefendant in cases where his personal attendance is required by the summons or by \nany order of the Deputy Commissioner. \n(2) Processes served on any such agent shall be as effectual for all purposes in relation \nto the suit as if they had been served on the party in person and all the provisions of this \nAct relating to the service of processes on a party to the suit shall be applicable to the \nservice of processes on such agent.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 158
        },
        {
            "number": "162",
            "title": "Section 162. Power to grant time or adjourn hearing - The Deputy Commissioner may, in any",
            "chapter": null,
            "content": "case, grant time to the plaintiff or defendant to proceed in the prosecution or defence of \na suit, and may also from time to time, in order to secure further evidence, or for other \nsufficient reason to be recorded by him, adjourn the hearing or further hearing of any \ncase in such manner as he may think fit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 159
        },
        {
            "number": "163",
            "title": "Section 163. Examination and cross-examination of par ties or their agents and of",
            "chapter": null,
            "content": "witnesses, written statement by defendant - (1) When both parties appear in person \non the day named in the summons, or upon any subsequent day to which the hearing of \nthe case may be adjourned under Section 162, the Deputy Commissioner [may proceed \nto examine them, and if he examines them] either party or his agent may cross-examine \nthe other. \n(2) If either of the parties is not bound to attend personally, any agent by whom he \nappears [may] be examined and cross-examined in like manner as the party himself \nwould have been if he had attended personally. \n(3) At his first appearance, or at any time before the issues are framed, the defendant \nmay, with the leave of the Deputy Commissioner, file a written statement of his defence. \n(4) Such statement shall be verified in the manner provided in Section 147. \n(5) If either of the parties produces a witness on the day aforesaid, the Deputy \nCommissioner may take the evidence of such witness.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 160
        },
        {
            "number": "164",
            "title": "Section 164. Conduct and record of examination - (1) The examination of the parties or their",
            "chapter": null,
            "content": "agents shall be conducted according to the law for t he time being in force for the \nexamination of witnesses. \n(2) The depositions of parties, agents and witnesses shall be recorded in English [* * *].",
            "footnote": "",
            "is_definition": false,
            "sort_order": 161
        },
        {
            "number": "165",
            "title": "Section 165. Power to dir ect attendance of party  whose agent cannot answer material",
            "chapter": null,
            "content": "question - If the agent of either party is unable to answer any material question relating \n\nto the case, which the Deputy Commissioner is of opinion that the party whom he \nrepresents ought to answer and likely to be able to answer if interrogated in person, the \nDeputy Commissioner may postpone the hearing of the case to a future day, and may \ndirect that such party shall attend in person on such day, and, if such party fails to \nappear in person on the day appointed, the Deputy Commissioner may decide the suit \nas in  case of default, or make such other or der as  he may deem proper in  the \ncircumstances of the case.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 162
        },
        {
            "number": "166",
            "title": "Section 166. Decree when to be made - If after the examination [referred to in] Section 163,",
            "chapter": null,
            "content": "and after the examination of any witness, who may attend to give evidence on behalf of \nthe parties, and after a consideration of the documentary evidence adduced, a decree \ncan properly be made without asking further evidence, the Deputy Commissioner shall \nmake a decree accordingly.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 163
        },
        {
            "number": "167",
            "title": "Section 167. Power to postpone trial to take further evidence - If it appears that the parties",
            "chapter": null,
            "content": "are at issue on any question upon which it is necessary to hear further evidence, the \nDeputy Commissioner shall frame issues, and shall fix a day for the examination of \nwitnesses and the final hearing of the suit; and the trial take place on that day, unless \nthere be sufficient reason for a djourning it,  which reason shall be recorded by the \nDeputy Commissioner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 164
        },
        {
            "number": "168",
            "title": "Section 168. Production of witnesses - The parties shall produce their witnesses on the day of",
            "chapter": null,
            "content": "the trial; and if either party requires assistance to procure the attendance of a witness \non such day, either to give evidence or to produce a document, he shall apply to the \nDeputy Commissioner in  sufficient time before s uch day to enable the witness to be \nsummoned and to attend on that day; and, if the application be made in sufficient time \nas aforesaid, the Deputy Commissioner shall issue a summon requiring such witness to \nattend.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 165
        },
        {
            "number": "169",
            "title": "Section 169. Procedure when neither party appears on day fixed for final hearing of suit -",
            "chapter": null,
            "content": "(1) If, on the day fixed for the final hearing of the suit, neither of the parties appears, the \ncase shall be struck off under the conditions provided in Section 155. \n(2) I f, on such day, only one of the parties appears, the suit may be tried and \ndetermined, in the absence of the other party, upon such proof as may then be before \nthe Court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 166
        },
        {
            "number": "170",
            "title": "Section 170. Judgement - (1) The Deputy Commissioner shall pronounce judgement in open",
            "chapter": null,
            "content": "Court. \n(2) The judgement shall be written in English, and shall contain the reasons for the \ndecision, and shall be dated and signed by the Deputy Commissioner at the time when \nit is pronounced. [* * *]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 167
        },
        {
            "number": "171",
            "title": "Section 171. Local inquiries - (1) The Deputy Commissioner may, at any stage of a suit or",
            "chapter": null,
            "content": "other proceeding before him under this Act,- \n \n(a) cause a local inquiry and report respecting the matter in dispute to be made by any \nofficer subordinate to him, or by any other officer of the [Government] with the consent \nto the authority to whom such officer is subordinate, or by any other person whom the \nDeputy Commissioner may deem fit; or \n \n(b) himself proceed to the spot and make such local inquiry in person. \n \n\n(2) The provisions of the law for the time being in force, relating to local inquiries by \nCommissioner, under orders of Civil Courts, shall apply to any local inquiry made under \nclause (a) of sub-section (1), and, so far as they are applicable, also to inquiries made \nunder clause (b) of that sub-section. \n(3) Where the Deputy Commissioner makes a local inquiry in person, he shall forthwith \nrecord on the proceedings any relevant facts which he has observed in the course of \nthe inquiry; and such record s hall be received as evidence in the suit or o ther \nproceeding aforesaid.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 168
        },
        {
            "number": "172",
            "title": "Section 172. Payment into Court by defendant, after tender to plaintiff - (1) The defendant",
            "chapter": null,
            "content": "in any suit before the Deputy Commissioner under this Act may, if he has duly tendered \nthe same to the plaintiff before the institution of the suit pay into Court s uch sum of \nmoney as he may consider to be due to the plaintiff, without paying in any costs\n\nincurred by the plaintiff up to the time of such payment, and such sum shall immediately \nbe paid out of Court to the plaintiff. \n(2) I f, after su ch payment, the plaintiff elects to proceed with the suit and ultimately \nobtains a decree for no more than what was paid into Court, he may be charged with all \ncosts of the suit incurred by the defendant but, if the plaintiff ultimately obtains a decree \nfor more than what was paid into Court, the defendant may be charged with all costs of \nthe suit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 169
        },
        {
            "number": "173",
            "title": "Section 173. Payment into Court by defendant, without prior tender to plaintiff - (1) The",
            "chapter": null,
            "content": "defendant in any suit before the Deputy Commissioner under t his Act may, without \nhaving tendered the same to the plaintiff before the institution of the suit, pay into Court \nsuch sum of money as he may, consider to be due to the plaintiff, together with the \ncosts (to be fixed by the Deputy Commissioner, if necessary, as upon a suit originally \ninstituted for the amount so paid into Court) incurred by the plaintiff up to the time of \nsuch payment; and such sum shall immediately be paid out of Court to the plaintiff. (2) \nIf, after such payment, the plaintiff elects to proceed with the suit, and ultimately obtains \na decree for no more than what was paid into Court, he may be charged with ail costs \nof the suit incurred by the defendant subsequently to such payment; but, if the plaintiff \nultimately obtains a decree for more than what was paid into Court, the defendant may \nbe charged with costs as upon a suit originally instituted for the whole amount for which \nthe plaintiff ultimately obtains a decree, but shall have credit there out for the amount of \ncosts paid into Court by him in the first instance.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 170
        },
        {
            "number": "174",
            "title": "Section 174. Prohibition of in terest on sums paid into Court - From the date on which any",
            "chapter": null,
            "content": "sum is paid into Court by the defendant under Section 172 or Section 173 no interest \nshall be allowed to the plaintiff on such sum, whether it be in full satisfaction of his claim \nor falls short thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 171
        },
        {
            "number": "175",
            "title": "Section 175. Power to award damages to plaintiff in rent suit - [Repealed by the Chota",
            "chapter": null,
            "content": "Nagpur Tenancy (Amendment) Act, 1938 (Bihar Act 2 of 1938), Section 24.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 172
        },
        {
            "number": "176",
            "title": "Section 176. Power to award compensation to defendant in rent suit - [Repealed by the",
            "chapter": null,
            "content": "Chota Nagpur Tenancy (Amendment) Act, 1938 (Bihar Act 2 of 1938), Section 24]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 173
        },
        {
            "number": "177",
            "title": "Section 177. Procedure where third-party claims right to receive rent - When in any suit",
            "chapter": null,
            "content": "before a Deputy Commissioner under this Act between a landlord and a tenant [the \ntenant or a third person pleads that the right to receive the rent of the land or tenure \ncultivated or held by the tenant belongs to such third person] on the ground that such \nthird person or a person through whom he claims has actually and in good faith \n\nreceived and enjoyed such rent before and up to the time of the institution of the suit, \nsuch third person shall be made a party to the suit, and the question of the actual \npayment of the rent to such third person in good faith shall be inquired into, and the suit \nshall be decided according to the result of such inquiry : \nProvided that such decision shall not affect the right of any party, who may have a legal \ntitle to such rent, to establish such title by suit in a Civil Court if instituted within one year \nfrom the date of the decision.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 174
        },
        {
            "number": "178",
            "title": "Section 178. Suit f or ejectment of non-occupancy Raiyat- Cancelment of l ease of any",
            "chapter": null,
            "content": "tenant for arrear of rent - (1) Any landlord desiring to eject a non-occupancy Raiyat on \nthe ground that he has failed to pay an arrear of rent, or to cancel the lease of any \ntenant on account of the non-payment of arrears of rent, may sue for such ejectment or \nconcealment and for the recovery of the arrears in the same suit, or may, in a suit for\n\nsuch ejectment or cancelment, adduce any unexecuted decree for arrears of rent as \nevidence of the existence of such arrears. \n(2) In all cases of suits for the ejectment of a non-occupancy Raiyat for nonpayment of \narrears of rent, or for the cancelment of a lease for non-payment of arrears of rent, the \ndecree shall specify the amount of the arrears; and if such amount together with the \ninterest and costs of suit, be paid into Court, within thirty days from the date of the final \ndecree, the decree shall not be executed. \n(3) The Deputy Commissioner may, for special reasons to be recorded in writing, extend \nthe period of thirty days mentioned in sub-section (2). \n[178A. Non-occupancy Raiyat entitl ed to appro priate produce  from the  holding \ngrown before the delivery of possession. - A non-occupancy Raiyat against whom a \ndecree or order of eviction has been made under Section 178 shall be entitled to cut \nand appropriate the crop grown by him on the holding or portion thereof before but not \nafter the delivery of possession through the Court.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 175
        },
        {
            "number": "179",
            "title": "Section 179. Power of Deputy Commissioner to grant lease to Raiyat in default of landlord",
            "chapter": null,
            "content": "- If a decree is given for the grant of a lease to a 'Raiyat and the landlord fails, for a \nperiod of three months, after the date of the decree, to grant such lease, the Deputy \nCommissioner may grant a lease in conformity with the terms of the decree, under his \nown hand and seal; and such lease shall have the same force and effect as if granted \nby the landlord.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 176
        },
        {
            "number": "180",
            "title": "Section 180. Procedure where tenant fails to deliver counterpart engagement to landlord -",
            "chapter": null,
            "content": "If a decree is given for the delivery of a counterpart engagement by a tenant to a \nlandlord, and the tenant fails, for a period of three months after the date of the decree, \nto deliver such  counterpart, the decree shall be evidence of the amount of rent \nclaimable from such tenant, and a copy of the decree under the hand and seal of the \nDeputy Commissioner sh all have the same force and effect as a  counterpart \nengagement delivered by the tenant to the landlord. \n \nExecution of Decrees and Orders of the Deputy Commissioner",
            "footnote": "",
            "is_definition": false,
            "sort_order": 177
        },
        {
            "number": "181",
            "title": "Section 181. Limitation of time for application for execution - [No application for t he",
            "chapter": null,
            "content": "execution of a decree or order passed by the Deputy Commissioner under this Act shall \nbe entertained unless such application be made] within three years from- \n \n\n(a) the date on which the decree or order is signed, or \n \n(b) where there has been an appeal, the date of the final decree or order of the \nappellate Court, or \n \n(c) where there has been a review of judgement, the date of the decision on the review. \n \n[181A. Application for execution by assignee of rent-decree. - An application for the \nexecution of a decree for arrears of rent obtained by a landlord shall not be made by an \nassignee for the decree unless the landlord's interest in the land has become and is \nvested in the assignee.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 178
        },
        {
            "number": "182",
            "title": "Section 182. Decrees and orders by what Court to be executed - A decree or order passed",
            "chapter": null,
            "content": "by a Deputy Commissioner under this Act may be executed either by his own Court or \nby any other prescribed Court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 179
        },
        {
            "number": "183",
            "title": "Section 183. Form of application for execution - Every application for t he execution of a",
            "chapter": null,
            "content": "decree or order passed by a Deputy Commissioner under this Act shall be in writing, \nshall be made in the prescribed form, and shall be verified by the applicant or his agent \nin the form provided in Section 147.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 180
        },
        {
            "number": "184",
            "title": "Section 184. Issue of process of execution - Process of execution may be issued against",
            "chapter": null,
            "content": "either the person or the property of a judgement-debtor, but shall not be issued \nsimultaneously against both person and property; \n[Provided that,- \n \n(a) process of execution shall not be issued against the person of a judgement-debtor in \nsatisfaction of a decree for arrears of rent due in respect of a holding or of a Bhuinhari \ntenure; \n \n(b) t he movable property of the judgement-debtor shall not, without his c onsent in \nwriting, be attached or sold in execution of a decree for arrears of rent due in respect of \na holding unless the decree cannot be satisfied by the attachment and sale of the \nholding for the arrears of the rent of which the decree was passed.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 181
        },
        {
            "number": "185",
            "title": "Section 185. Form of warrant of execution against person or movable property - Every",
            "chapter": null,
            "content": "warrant of execution against the person or movable property of a judgement-debtor \nshall be in the prescribed form.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 182
        },
        {
            "number": "186",
            "title": "Section 186. Exemption from attachment and sale - The f ollowing particulars s hall be",
            "chapter": null,
            "content": "exempted from attachment and sale in execution of any decree or order passed by a \nDeputy Commissioner under this Act, namely,- \n \n(a) the necessary wearing apparel and bedding of the judgement-debtor, his wife and \nchildren; \n \n\n(b) tools and implements of husbandry, and such cattle and seed grain as may, in the \nopinion of the Deputy Commissioner, be necessary to enable the judgement-debtor to \nearn his livelihood as an agriculturist; \n \n(c) the materials of houses and other buildings belonging to and occupied by \nagriculturist; \n \n(d) books of account; \n \n(e) any right of personal service; \n \n(f) stipends and gratuities allowed to [* * *] pensioners of the [Government] and political \npensions; \n \n(g) t he wages of labourers a nd domestic s ervants;\n\n(h) a right to future: \n \nProvided that nothing in this Section shall be deemed to exempt the materials of houses \nand other buildings from attachment of sale in execution of decrees for rent. \nExplanation. - The particulars mentioned in clauses (f) and (g) are exempt from \nattachment or sale whether before or after they are actually payable. \n[186A. Restrictions on the execution of the decree. - A decree for arrears of rent \nobtained against a Raiyat or an under-raiyat shall not be executed,- \n \n(a) by the detention in the civil prison of the judgement-debtor, or \n \n(b) by the sale of houses and other buildings with the materials and the sites thereof \nand the lands immediately appurtenant thereto and necessary for their enjoyment \nbelonging to the Raiyat or under-raiyat occupied by him: \n \nProvided that any such house and building and the materials and the site thereof and \nthe land immediately appurtenant thereto and necessary for their enjoyment may be \nsold in execution of a decree for arrears of rent due in respect of the site of such house \nor building.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 183
        },
        {
            "number": "187",
            "title": "Section 187. Indication of movable property to be seized - (1) Any movable property required",
            "chapter": null,
            "content": "to be seized under warrant of execution shall, if practicable be described in a list to be \nfurnished by the judgement-debtor; but, if the creditor is unable to furnish such list, he \nmay apply for a general seizure of the debtor's effects to the amount of the judgement \nand costs. \n(2) In either case, the property to be seized shall be pointed out by the creditor or his \nagent to the officer entrusted with the execution of the warrant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 184
        },
        {
            "number": "188",
            "title": "Section 188. Duration of warrant of execution - Every warrant of execution shall bear the date",
            "chapter": null,
            "content": "of the day on which it is signed by the Deputy Commissioner and shall continue in force \nfor such period as the Deputy Commissioner may direct, not being more than sixty days \nfrom such date.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 185
        },
        {
            "number": "189",
            "title": "Section 189. Second and successive warrants of execution - Second and successive",
            "chapter": null,
            "content": "warrants of execution may be issued by order of the Deputy Commissioner, on the \napplication of the judgement-debtor, after e xpiration of the period fixed for t he \ncontinuance in force of a previous warrant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 186
        },
        {
            "number": "190",
            "title": "Section 190. Notice when to be given before issue of warrant of execution - (1) A warrant of",
            "chapter": null,
            "content": "execution shall not be issued upon any decree or order without previous notice to the \nparty against whom execution is applied for if when application for the issue of the \nwarrant is made a period of more than one year has elapsed from date of the decree or \norder, or from the date of the last previous application from execution. \n(2) A warrant of execution shall not be issued against the heir or other representative of \na deceased party without previous notice to such representative to appear and be \nheard.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 187
        },
        {
            "number": "191",
            "title": "Section 191. Procedure when judgement-debtor is  arrested - (1) If a warrant is iss ued",
            "chapter": null,
            "content": "against the person of a judgement-debtor, the officer charged with the execution of the \nwarrant shall bring him with all convenient speed before the Deputy Commissioner.\n\n(2) If the decree in execution of which the judgement-debtor was arrested is a decree \nfor money, and if he does not immediately deposit in Court the full amount specified in \nthe warrant or make arrangements, satisfactory to the judgement-creditor, for t he \npayment of the same, or sa tisfy the Deputy Commissioner that he has no present \nmeans of paying the same, \nthe Deputy Commissioner shall send him to the civil jail thereto remain for such time as \nmay be directed by warrant addressed to the keeper of the jail, unless in the meantime, \nhe pays the said amount: \nProvided that no judgement-debtor shall be imprisoned in the execution of a decree \nunder this Act for a longer period than six months or (if the decree is for the payment of \na sum of money net exceeding fifty rupees) six weeks. \n(3) If the decree in execution of which the judgement-debtor was arrested is a decree \nfor the delivery of paper or account and if the paper or account are not immediately \ndelivered by him to the Deputy Commissioner, \nthe Deputy Commissioner may commit him to the civil jail, thereto remain for such time \nnot exceeding six months as the Deputy Commissioner may direct, unless in the \nmeantime, he delivers the papers or accounts according to the term of the decree.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 188
        },
        {
            "number": "192",
            "title": "Section 192. Further proceedings after discharge from jail - (1) When any judgement-debtor",
            "chapter": null,
            "content": "has been discharged from the civil jail, he shall not be imprisoned a second time under \nthe same decree or order. \n(2) If  the amount, due under such  decree or order does not exceed fifty rupees, the \nDeputy Commissioner may declare such discharged person to be absolved from liability \nthereunder. \n(3) In other cases, the discharge shall not extinguish the liability of the discharged \nperson under su ch decree or or der or exempt property belonging to him from \nattachment in execution thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 189
        },
        {
            "number": "193",
            "title": "Section 193. Diet-money for subsistence of prisoners - Any person who applied for a warrant",
            "chapter": null,
            "content": "of execution against the person of a judgement-debtor shall deposit in Court, at the time \nof the issue of the warrant diet-money for thirty days, at such rate as the Deputy \nCommissioner may direct, for the subsistence of the prisoner. \n(2) The said person shall also pay diet-money, at the same rate before the \ncommencement of each succeeding month of the imprisonment, and, if he fails to make \nany such payment, the prisoner shall be discharged. \n\n(3) All diet-money spent in providing subsistence for any prisoner shall be added to the \ncosts in the suit; and any diet-money not so spent shall be returned to the person, who \npaid it.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 190
        },
        {
            "number": "194",
            "title": "Section 194. Execution of decree or order for ejectment or re-instatement of cultivator - (1)",
            "chapter": null,
            "content": "If the decree or order is for the ejectment of any cultivator from land occupied by him or \nfor the reinstatement of any cultivator in the occupancy of the land from which he has \nbeen ejected the decree or or der sh all be executed by giving the possession or \noccupancy of the land to the person entitled by the decree or the order to  such \npossession or occupancy. \n(2) If  any opposition to the execution of the order for giving such possession or \noccupancy is made by the party against whom the order is made, Deputy Commissioner \nshall, in the exercise of his powers as  a Magistrate give effect to the order,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 191
        },
        {
            "number": "195",
            "title": "Section 195. Execution of decree  or order for cancelment of l ease, for ejectment or r e-",
            "chapter": null,
            "content": "instatement of tenant not being an actual cultivator - If the decree or order is for the \ncancelment of any lease or the ejectment of any tenant (not being an actual cultivator) \nor for the reinstatement of any tenant (not being an actual cultivator), in the possession \nof tenancy from which he has been ejected the decree or order shall be executed,- \n \n(a) by proclaiming its substance to the cultivators or other occupants of the tenancy by \nbeat of drum, or \n \n(b) by notification reciting the substance of the decree or order and affixed in some \nconspicuous place within, or adjacent to the tenancy, or \n \n(c) in such other manner as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 192
        },
        {
            "number": "196",
            "title": "Section 196. Execution of decree or rent given in favour of the sharer in undivided estate",
            "chapter": null,
            "content": "or tenure - If a decree is given by the Deputy Commissioner under this Act in favour of \na sharer in a joint undivided estate or tenure, for money due to him on account of his \nshare of the rent of any tenure comprised in such undivided estate or tenure, application \nfor sale of such tenure shall not be received unless execution has first been taken out \nagainst any movable property which the judgement-debtor may possess within the \ndistrict in which the suit was instituted and unless the sale of such property, if any, has \nproved insufficient to satisfy the decree; \nand such tenure may then, with the previous sanction of [Deputy Commissioner] but not \notherwise, be sold, in execution of the decree, in the manner in  which any other \nimmovable property may be sold in execution of a decree for money under the \nprovisions of clause (b) of Section 210.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 193
        },
        {
            "number": "197",
            "title": "Section 197. Execution of rent decree obtained by a co-sharer landlord - When one or more",
            "chapter": null,
            "content": "co-sharer la ndlords applies or apply for t he execution of a decree obtained in a suit \ninstituted under clause (b) of Section 142, by the sale of a tenure or holding, the Court \nexecuting such decree shall, before proceeding to sell the tenure or holding, give notice \nof the application for execution to the other co-sharers.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 194
        },
        {
            "number": "198",
            "title": "Section 198. Execution against immo vable property in certain cases, if judgement not",
            "chapter": null,
            "content": "satisfied - In the execution of any decree or order by the Deputy Commissioner under \n\nthis Act for the payment of money, not being money due or recoverable as an arrear or \nrent; \nif satisfaction of the decree or order, cannot be obtained by execution against the \nperson or movable property of the debtor within the district in which the suit was \ninstituted, \nthe judgement-creditor may apply for execution against any immovable property \nbelonging to such debtor, \nand such immovable property may, with the sanction of the Commissioner, but not \notherwise, be brought to sale in the manner provided in clause (b) of Section 210. \n \nSales in Execution of Decree of the Deputy Commissioner",
            "footnote": "",
            "is_definition": false,
            "sort_order": 195
        },
        {
            "number": "199",
            "title": "Section 199. Notification of intended sale of movable property, and custody of property -",
            "chapter": null,
            "content": "(1) For t he purpose of executing a warrant of execution issued by the Deputy \nCommissioner under this Chapter against the movable property of a judgement-debtor, \nthe officer charged with the execution of the warrant shall prepare a list of the property \npointed out by the judgement-creditor; and shall publish a proclamation specifying the \nday upon which the sale is i ntended to be held, and a copy of the said list, at the \nintended place of sale and at the residence of the debtor. \n(2) A copy of the said list and proclamation shall be transmitted to the Deputy \nCommissioner, and shall be affixed in his office. \n(3) Un til the day of sale, the said property shall remain in the custody of the officer \nexecuting the warrant [or of some other person to whom such officer by a writing under \nhis hand commit the custody thereof]. Such person shall be deemed to be a public \nservant within the meaning of the Indian Penal Code (45 of 1860).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 196
        },
        {
            "number": "200",
            "title": "Section 200. Interval between seizure and sale - No sale of any movable property (other than",
            "chapter": null,
            "content": "perishable property) sei zed in execution under this Ch apter s hall be made until t he \nexpiration of a period of ten days after the day on which the property was so seized.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 197
        },
        {
            "number": "201",
            "title": "Section 201. Place and manner of sale - (1) Such sale shall be held at the place where the",
            "chapter": null,
            "content": "property is deposited or at the nearest market or other place of public resort if the officer \nexecuting the warrant thinks it is likely to sell there to better advantage. \n(2) The property shall be sold by public auction in one or more lots as the officer \nexecuting the warrant may think advisable and if the judgement-debtor, and the costs of \nthe execution and sale, are r ealised by the sale of a portion of the property; the \nexecution shall immediately be withdrawn with respect to the remainder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 198
        },
        {
            "number": "202",
            "title": "Section 202. Prohibition of purchase by officers - Officers executing warrants for the sale of",
            "chapter": null,
            "content": "property under t his Chapter and all persons employed by, or su bordinate to such \nofficers, are prohibited from purchasing, either directly or indirectly any property sold by \nsuch officers.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 199
        },
        {
            "number": "203",
            "title": "Section 203. Postponement of sale if fair price be not offered - If on the property being put",
            "chapter": null,
            "content": "up for sale, no price which the officer executing the warrant considers fair is offered for \nit, and the owner of the property, or some person authorised to take action on his \nbehalf, applies to have the sale postponed until the next day, or the next market day if a \nmarket be held at the place of sale or in the vicinity; the sale shall be postponed until \nsuch day, and shall then be completed at whatever price  may be offered for the \nproperty.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 200
        },
        {
            "number": "204",
            "title": "Section 204. Payment of purchase money and delivery of property to purchaser - (1) The",
            "chapter": null,
            "content": "price of every lot shall be paid at the time of sale or as soon as thereafter, as the officer \nexecuting the warrant may direct; and in default of such payment, the property shall \nagain be put up and sold. \n(2) When the purchase-money has been paid in full the officer executing the warrant \nshall deliver the property to the purchaser with a certificate describing the property and \nstating the price paid.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 201
        },
        {
            "number": "205",
            "title": "Section 205. Application of proceeds of sales - (1) From the proceeds of the sale the officer",
            "chapter": null,
            "content": "executing the warrant shall make a deduction at the rate of one anna in the rupee, on \naccount of the cost of sale and shall transmit the amount so deducted to the Deputy \nCommissioner, in order that it may be credited to the [State] Government. \n(2) The said officer shall deal with the rest of the proceeds in the prescribed manner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 202
        },
        {
            "number": "206",
            "title": "Section 206. Procedure where third party claims interest in prop erty seized - (1) If before",
            "chapter": null,
            "content": "the day fixed for the sale, a third party appears before the Deputy Commissioner and \nclaims a right or interest in any of the movable property seized in execution, the Deputy \nCommissioner shall examine such party or his agent according to the law for the time \nbeing in force relating to the examination of witness, and, if he sees sufficient reason for \nso doing may stay the sale of such property. \n(2) The Deputy Commissioner shall, after taking evidence, adjudicate upon such claim, \nand shall make such order thereupon as he thinks fit. \n(3) If  the claimant fails to establish his r ight to t he property seized in execution the \nDeputy Commissioner may, by his order under sub-section (2), award to the judgement- \ncreditor against the claimant, in addition to the costs of the proceedings such sum as \nthe Deputy Commissioner may consider sufficient to cover any loss of interest or any \nother damage which the judgement-creditor has s ustained by reason of the \npostponement of the sale. \n(4) The party against whom any order is passed by the Deputy Commissioner under this \nSection may, at any time within one year from the date of the order, bring a suit in the \nCivil Court to establish his right: \nProvided that if the property has been sold the suit shall not be for the recovery of the \nproperty but for damages against the judgement-creditor by whom the property was \nbrought to sale.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 203
        },
        {
            "number": "207",
            "title": "Section 207. Irregularities not to vitiate sale - No irregularity in publishing or conducting a sale",
            "chapter": null,
            "content": "of movable property under a warrant of execution issued under this Chapter shall vitiate \nsuch sale but nothing contained in this Section shall bar any person who sustains \ndamage by reason of any such irregularity from recovering damages by suit in the Civil \nCourt if instituted within one year from the date of the sale.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 204
        },
        {
            "number": "208",
            "title": "Section 208. Sale of tenure or holding in execution of decree for arrears of rent - (1) When",
            "chapter": null,
            "content": "a decree passed by the Deputy Commissioner under this Act is for an arrear of rent due \nin respect of a tenure or holding, the decree-holder may apply for the sale of such \ntenure or holding, and the tenure or holding may thereupon be brought to sale in \nexecution of the decree, [according to the procedure laid down in Sections 208-B to \n208-D]: \nProvided [firstly] that the purchaser of a tenure at any such sale shall not be entitled to \nannual any lease, right or tenancy referred to in clauses (a) to [(f)] of Section 14 of this \nAct: \n\n[Provided secondly] also that, [Deputy Commissioner] may, by order in any case in \nwhich he may consider it desirable so to do,- \n \n(a) prohibit the sale of any tenure or portion thereof, or \n \n(b) stay any such sale for any period specified in the order. \n \n[Provided thirdly] that any sale of a resumable tenure under this Section shall not affect \nthe right of the grantor or his successor in title to resume such tenure but shall be made \nsubject to such right: \n[[Provided fourthly] that, when the holding of an aboriginal 'Raiyat or of a 'Raiyat, who is \na member of a scheduled caste is sold, such land shall be sold to the highest bidder,\n\nwho is an aboriginal or a member of a scheduled caste, as the case may be and shall \nnot be sold to any person other than an aboriginal or a member of a scheduled caste \nunless no aboriginal or member of a scheduled caste bids for such land an amount \nwhich is not less than the amount specified in the proclamation of sale.] \n[(1-A) Notwithstanding anything to the contrary contained in sub-section (1) or in any \nother provision of this Act, or in any other law, where a decree-holder applies for the \nsale of an occupancy holding, only that portion of such holding shall be sold, the \nproceeds of the sale of which will be sufficient to satisfy the sale or satisfy the amount \ndue under the decree, and such portion shall not be sold at a price lower than the price \nspecified in the proclamation of sale; and the Deputy Commissioner shall, before putting \nup any such portion of a holding for sale estimate the value of the whole holding and \nthat portion of the holding the proceeds of the sale or which he considers will be \nsufficient to satisfy the decree and shall specify the price of such portion in the sale \nproclamation :] \n[Provided firstly] that if the decree-holder specifies which portion of the holding should \nbe sold, the Deputy Commissioner shall order that such portion or so much of such \nportion as may be seem to him necessary to satisfy the decree shall be sold and \nproceeds paid as provided in this Section. \n[Provided secondly] that if there is any encumbrance on any portion of such holding the \nDeputy Commissioner shall not order such portion to be sold unless in his opinion the \ndecree cannot be satisfied without the sale of such portion: \n[Provided thirdly] that if the highest amount bid for the property included in the sale \nproclamation is less than the price specified for such property in the proclamation, the \nDeputy Commissioner may sell the property for such highest amount, if the decree- \nholder consents in writing to forego so much of the amount decreed as is equal to the \ndifference between the highest amount bid and the price specified for such property in \nthe sale proclamation : \n[Provided fourthly] that if the highest bid for such land is less than the amount specified \nin the proclamation of sale, the decree-holder shall be bound to bid up to that amount \nand purchase the portion of the holding included in the sale proclamation. \n(2) When a warrant of execution has been issued under this Chapter against the person \nor movable property of the judgement-debtor, no application shall be received under \nsub-section (1) while such warrant remains in force. \n\n[(3) Nothing in this Section shall authorise the sale of a tenure or holding or portion \nthereof except in execution of a decree for an arrear of rent.] \n[208A. Distribution of  rent of holding a  portion of which is sold in execution of \ndecree for arrears of rent. - Where a portion of an occupancy holding has been sold in \nexecution of a decree for arre ars of rent due in respect of such holding of the said \nholding consequent upon the sale shall be binding on the landlord. The Deputy \nCommissioner shall distribute the rent of the holding between the purchaser of the said \nportion and the tenant of such holding and such distribution of rent shall be binding on \nthe landlord.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 205
        },
        {
            "number": "208B",
            "title": "Section 208B. Procedure to be followed in bringing to s ale tenure or holding or portion",
            "chapter": null,
            "content": "thereof in execution of rent decree. - Where a tenure or holding or a portion thereof is \nsold in execution of a decree for an arrear of rent, the following procedure shall be \nobserved, namely:-\n\n(a) The Court holding the sale shall cause to be hung up in its own Court and in that of \nthe Deputy Commissioner of the District in which the land comprised in the tenure of \nholding to be sold is situated, and to be affixed on some conspicuous place on the land \nin the town or village in or nearest to which the said land is situated a notice for the sale \nof the said tenure or holding on some fixed date not less than twenty days from t he \nhanging up of the said notice in the Court in which the decree is in course of execution. \n \n(b) The said notice shall specify, in the words used in the plaint in the suit in which the \ndecree was made the name of the village, estate and pargana, or other local division in \nwhich the land comprised in the said tenure or holding is sit uated, the yearly rent \npayable and the gross amount recoverable under the said decree. \n \n(c) If the sum due under the decree together with interest to date of payment and all \ncosts of processes, be paid into Court at any time before the sale commences, whether \nby the defaulting holder of the tenure or holding, or any one on his behalf, or any one \ninterested in the protection of the tenure or holding, as the case may be, such sale shall \nnot take place. \n \n(d) The tenure or holding or part thereof shall be sold to the highest bidder in open \nCourt. \n \n(e) The party, who shall be declared to be the purchaser, shall be required to deposit \nimmediately, in cash or G overnment currency notes, twenty-five percentum of the \namount of his bid; and in default of such deposit, the tenure or holding or part thereof as \nthe case may be, shall be put up again and sold forthwith, or on the next ensuing office \nday: \n \nProvided that if the purchaser be the decree-holder, he shall be entitled to a set-off of \nhis decretal amount against the amount of his bid. \n \n(f) The full amount of the purchase money shall be made good by the purchaser before \nsunset of the eight days from that on which the sale took place, reckoning that day as \none of the eight days; or if the eight days be a Sunday or other closed holiday then on \n\nthe first office day after the eighth day; and in default of payment within the prescribed \nperiod as aforesaid, the deposit shall be forfeited to the Government, and the tenure or \nholding or part t hereof, as the case may be, shall be resold; and the defaulting \npurchaser shall forfeit all claims thereto or to any part of the sum for which the tenure or \nthe holding or part thereof, as the case may be subsequently sold : \n \nProvided that if the proceeds of the sale which may be eventually completed be less \nthan the price bid by the defaulting purchaser, the difference shall be leviable from him \nunder the law for enforcing the payment of money in satisfaction of a money decree for \narrears of rent. \n \n(g) The provisions with regard to sales shall also be applicable to all re-sales under this \nSection which may be rendered necessary by the default of any purchaser.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 206
        },
        {
            "number": "208C",
            "title": "Section 208C. Certificate and possession to be  given to purch aser on payment in full. -",
            "chapter": null,
            "content": "When the purchase money shall have been paid in full the officer holding the sale shall \ngive the purchaser a  certificate in the prescribed form containing the necessary \nparticulars of the property sold; and shall further, on the purchaser making application \nand depositing the requisite costs to be determined by him, depute an officer or Amin to \nput him in possession of the property in customary manner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 207
        },
        {
            "number": "208D",
            "title": "Section 208D. Purchaser to acquire the tenure or holding with certain exceptions free of",
            "chapter": null,
            "content": "encumbrances. - Subject to the first Proviso to sub-section (1) of Section 208, the \npurchaser of a tenure or holding or portion thereof, as the case may be, shall acquire it \nfree of all encumbrances which may have accrued thereon by any act of the holder or \nhis representative-in-interest, unless the right of making such encumbrances shall have \nbeen expressly vested in the holder by the written engagement, if any, under which the \ntenure or holding was created or by the subsequent written authority of the person, who \ncreated it or his representatives-in-interest: \nProvided that nothing herein contained shall be held to entitle the purchaser to eject \n'khudkaph Raiyats or resident and hereditary cultivators, nor to cancel bona fide \nengagements made with such class of Raiyats or culti vators aforesaid by the late \nincumbent of the under-tenure or his representatives-in-charge, except it be proved, in a \nregular suit to be brought by such purchaser for the adjustment of his. rent, that a higher \nrent would have been demandable at the time such engagements were contracted by \nhis predecessor. \nNothing in this Section shall be held to apply to the purchase of a tenure by the previous \nholder thereof, through whose default the tenure was brought to sale.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 208
        },
        {
            "number": "209",
            "title": "Section 209. Disposal of proceeds of sale under Section 2 08 - (1) In disposing of the",
            "chapter": null,
            "content": "proceeds of the sale of a tenure or holding under Section 208, the following procedure \nshall be observed, that is to say,- \n \n(a) there shall be paid to the decree-holder the costs incurred by him in bringing the \ntenure or holding to sale; \n \n(b) there shall, in the next place, be paid to the decree-holder the amount due to him \nunder the decree in execution of which the sale was made; \n \n\n(c) if there remains a balance after those sums have been paid, there shall be paid to \nthe decree-holder therefrom any rent which may have accrued due to him in respect of \nthe tenure or holding between the institution of the suit and the date of the sale; and \n \n(d) The balance (if any) remaining after the payment of rent referred to in clause (c) \nshall, upon the expiration of two months from the [date] of the sale, be paid to the \njudgement-debtor upon his application; \n \nProvided that where a t enure or holding has been sold in execution of a decree \nobtained by one or more co-sharer landlords in a suit instituted under clause (b) of \nSection 142,-\n\n(i) p ayment of the amount due under su ch decree shall, notwithstanding anything \ncontained in clause (b) of this Section be made to the decree-holder and to other co- \nsharer landlords in proportion to the amount found to be due to each, and \n \n(ii) if there remains balance, payment of any rent which may have accrued due in \nrespect of the tenure or holding between the institution of the suit and the date of the \nsale shall, notwithstanding anything contained in clause (c) but subject to the \ndetermination in the manner and with effect mentioned in sub-section (2) of any dispute \nas to their respective rights to receive such rent, be made to the said decree-holder and \nother co-sharer l andlords in  proportion to their respective shares in the tenure or \nholding. \n \n(2) If the judgement-debtor disputes the decree-holder's right to receive any sum on \naccount of rent under clause (e) the Deputy Commissioner shall determine the dispute \nand the determination shall have the force of decree.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 209
        },
        {
            "number": "210",
            "title": "Section 210. Sale of other property in execution of decree for arrears of rent of tenure or",
            "chapter": null,
            "content": "holding - (1) If, after the sale of a tenure or holding in pursuance of Section 208, any \nportion of the decree amount remains due [or if the tenure or holding or portion thereof \ncannot be sold under that Section by reason of the decree not being a decree for an \narrear of rent] process may be applied for a gainst any other pr operty, movable or \nimmovable, belonging to the judgement-debtor. \n[Provided that nothing in this Section shall be deemed to authorise the arrest of \ndetention in the civil prison of the judgement-debtor.] \n(2) Notwithstanding anything contained in sub-section (1) [when the Deputy \nCommissioner passes a decree for an arrear of rent due in respect of a tenure, the \ndecree-holder may], with the permission of the Deputy Commissioner, granted for \nreasons to be recorded in writing proceed against any other property, movable or \nimmovable, of the judgement-debtor, without first making application for the sale of the \ntenure [* * *] in respect of which the arrear has accrued. \n(3) Property referred to in sub-sections (1) and (2) may be brought to sale,- \n(a) if movable, in the manner provided in Sections 199 to 205, and \n[(b) if immovable, in the manner provided by Order XXI, Rules 11(3), 13, 14, 54 (with \nwhich shall be read Section 64 of the said Code, 55, 58, to 73 inclusive, 83 to 88 \ninclusive and 91 to 103 inclusive of the First Schedule to the Code of Civil Procedure, \n\n1908 (5 of 1908) the words and figures 'Rule 89 and 'Rule 90' occurring in Rule 92 \nbeing understood as Section 212, sub-section (1) and Section 213, sub-section (1), \nrespectively of this Act. \n \nProvided that where anything contained in the said provisions is inconsistent with \nanything contained in Sections 212 to 214 inclusive, the latter shall prevail.] \n[(4) When immovable property has been brought to sale in the manner provided by sub- \nsection (3)(b) and such sale has become absolute, property shall be deemed to have \nvested in the purchaser from the time when the property is sold and not from the time \nwhen the sale becomes absolute.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 210
        },
        {
            "number": "211",
            "title": "Section 211. Procedure when third party claims to be in lawful possession of tenure or",
            "chapter": null,
            "content": "holding - (1) If before the day fixed for the sale of any tenure or holding in pursuance of \nSection 208 a third party appears before the Deputy Commissioner and alleges that he \nand not the person against whom t he decree has been obtained, was in  lawful \npossession of, or had some interest in the tenure or holding when the decree was \nobtained. \nThe Deputy Commissioner shall examine such party according to the law for the time \nbeing in force relating to the examination of witnesses, and if he sees sufficient reason \nfor so doing and if such party deposits in Court or gives security for the amount of the \ndecree the Deputy Commissioner shall stay the sale, and, shall after taking evidence \nadjudicate upon the claim : \nProvided that no such adjudication shall be made if the Deputy Commissioner considers \nthat the claim was designedly or unnecessarily delayed : \nProvided also that no transfer of a tenure s hall be recognised unless it has been \nregistered in the office of the landlord or sufficient cause for non-registration is shown to \nthe satisfaction of the Deputy Commissioner,- \n[(1-A) (a) If the Deputy Commissioner gives judgement in favour of such third party, the \namount of the decree shall be satisfied from the deposit or security aforesaid, and the \nDeputy Commissioner sh all in his j udgement set out the portion if any, of the said \namount and of his costs in the proceedings which such third party is entitled to recover \nfrom each of the other persons having an interest in the tenure or holding, and such \nsum shall be deemed to be money (not being due or recoverable as an arrear of rent) \npayable under order of the Deputy Commissioner under this Act; \n \n(b) If the Deputy Commissioner gives judgement against such third party, the sale shall \nproceed, and such third party shall upon payment of the costs, if any, allowed against \nhim, be entitled to the return of the deposit or cancellation of the security, as the case \nmay be.] \n \n(2) The party against whom judgement is given by the Deputy Commissioner under sub- \nsection (1) may, at any time within one year from the date of the judgement, bring a suit \nin the Civil Court to establish his right [and, if the sale has been held to have it set aside \non payment by him of the amount of the decree.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 211
        },
        {
            "number": "212",
            "title": "Section 212. Application to set aside sale of immovable property on deposit of debt and",
            "chapter": null,
            "content": "compensation to purchaser - (1) When any immovable property has been sold under \nthis Chapter in execution of decree, any person, who owned such property immediately \nbefore the sale, or who claims, an interest therein under a title lawfully acquired before \nthe sale may, at any time within a period of [ninety] days from the date of the sale, apply \nto have the sale set aside on his depositing in the Court of the Deputy Commissioner,- \n \n(a) for payment to the purchaser-a sum equal to five per centum of the purchase- \nmoney, and \n \n(b) for payment to the decree-holder-the amount specified in the proclamation of sale as \nthat for the recovery of which the sale was ordered, less any amount which may, since \nthe date of such proclamation [or] s ale have been received by the decree-holder;\n\nProvided that if a person applies under S ection 213 to set aside the sale of his \nimmovable property, he shall not be entitled to make an application under this Section. \n(2) If the said deposits are made within the said period, the Court shall pass an order \nsetting aside the sale, [and the purchaser shall be entitled to an order for the payment of \nthe aforesaid sum equal to five per centum of the purchase-money and to an order for \nrepayment of his purchase money, with or w ithout interest as the Court may  direct \nagainst any person to whom it has been paid].",
            "footnote": "",
            "is_definition": false,
            "sort_order": 212
        },
        {
            "number": "213",
            "title": "Section 213. Application to set aside sale of immovable property on ground of irregularity",
            "chapter": null,
            "content": "or fraud - When any immovable property has been sold under this Chapter in execution \nof a decree, the decree-holder or t he person, who owned such property immediately \nbefore the sale may, [at any time within a period of thirty days from the date of sale], \napply to the Deputy Commissioner to set aside the sale on the ground of a material \nirregularity [or fraud] in publishing or conducting it; but no sale shall be set aside on the \nground of a irregularity unless the applicant proves to the satisfaction of the Deputy \nCommissioner that he has s ustained substantial i njury by reason of such irregularity: \nProvided that, if a person applies under S ection 212 to set aside the sale of his \nimmovable property, he shall not be entitled to make an application under this Section. \n(2) If  an application be made under t his Section, and if the objection be allowed, the \nDeputy Commissioner shall pass an order setting aside the sale. \n[213A. Sale in execution de emed set aside when r ent decree set aside and \nrestoration of status quo ante. - (1) Where a decree for rent is set aside any sale of \nimmovable property in execution of such decree shall be deemed to be set aside, and \nthe Court of first instance shall restore the judgement-debtor to such ownership and if \nhe is not in possession to such possession of the immovable property as he has at the \ndate of the sale and, shall upon the application of any person affected by the sale or the \nreversal t hereof, pass such further orders as  will as far as  may be, place parties, \nincluding the auction purchaser and his s uccessor-in-interest, if any, in the position \nwhich they would have occupied but for such decree; and for this purpose, the Court \nmay make any orders, including orders for t he refund of costs, for the payment of \ninterest, damages, compensation and mesne profits which are properly consequential \non such reversal. \n(2) No suit shall be instituted in any Court for the purpose of obtaining any restitution or \nother relief which could be obtained by application under sub-section (1).] \n\n[214. Grounds on which suit or application to set aside sale may be brought. - No \nsuit or application shall be entertained by any Court to set aside or to modify the effect \nof,- \n \n(a) any sale made under this Chapter, save under Section 211, Section 212 or Section \n213 or on the ground of fraud or want of jurisdiction, or \n \n(b) an order under Section 212, sub-section (2), or Section 213, sub-section (2), setting \naside a sale. \n \nExplanation. - Where a property has been sold under the provisions of subsection (3)(b) \nof Section 210, this Section does not prohibit an application under Rule 72(3) or Rule 91 \nnor a suit under Rule 63 or Rule 103 of Order XXI of the First Schedule to Code of Civil\n\nProcedure, 1908, if such suit is instituted within one year of the date of the adverse \norder.] \n[214A. Sale of a portion of holding. - If the Deputy Commissioner directs the sale of a \nportion or a holding, the provisions of this Chapter relating to the sale of a holding shall, \nas far as may be, apply to the sale of such portion.] \n \nAppeals \n \n[215. Appeals from ord ers of Depu ty Commissioner. - (1) All  orders p assed by a \nDeputy Commissioner in suits tried by him under sub-clause (c) of clause (2) or clause \n(7) of Section 139, if the amount sued for, or the value of the property claimed does not \nexceed one hundred rupees, the judgement of the Deputy Commissioner shall be final \nand not subject to appeal, unless a question relating to a title to land, or to some interest \nin land, as between parties having conflicting claims thereto, has been determined by \nthe judgement, in which case the judgement shall be open to an appeal which shall lie \nto the Judicial C ommissioner unless the amount or value in dispute exceeds five \nthousand rupees in which case the appeal shall lie to the High Court. \n(2) When any such suit in which, if tried and decided by a Deputy Commissioner, the \njudgement of the Deputy Commissioner would be final as tried and decided by a Deputy \nCollector, an appeal from the judgement of the Deputy Collector shall lie to the Deputy \nCommissioner unless a question relating to a title to land, or to some interest in land, as \nbetween parties having conflicting claims thereto, has been determined by the \njudgement, in which case the judgement shall be open to appeal to the Judicial \nCommissioner and to the High Court as provided for in sub-section (1). \n(3) In all other suits before the Deputy Commissioner or Deputy Collector under this Act, \nan appeal from the judgement of the Deputy Commissioner or Deputy Collector shall lie \nto the Judicial C ommissioner, unless the amount or value in dispute exceeds five \nthousand rupees, in which case the appeal shall lie to the High Court. \n(4) All  orders passed by a Deputy Commissioner or a  Deputy Collector in  any suit \nrelating to the trial thereof, shall be appealable to the Court to which an appeal from the \ndecree itself would lie : \nProvided that, there shall be no right of appeal against order passed under Section 206, \nor S ection 211, or under S ection 212, sub-section (2), setting aside a sale, or under \n\nRule 60, Rule 61 or Rule 62 or Ord er XXI of the First Schedule to the Code of Civil \nProcedure, 1908 (V of 1908), and against orders passed under Section 213-A. \n(5) All  other orders under t he provisions of this Act shall be appealable to the \nCommissioner, if passed by a Deputy Commissioner, and to the Deputy Commissioner \nor to any officer specially empowered by the [State] Government by notification, to hear \nsuch appeals, if passed by an officer exercising powers of a Deputy Commissioner. \n(6) The Deputy Commissioner may, at any time, transfer any appeal already filed before \nhim to any officer specially empowered to hear such appeals under subsection (5) or \nwithdraw any appeal pending before any officer so  empowered and either hear su ch \nappeal himself or transfer it for disposal to any other officer so empowered. \n(7) No judgement of a Deputy Commissioner in any suit and no order of a Deputy \nCommissioner passed in any suit and relating to the trial thereof or after d ecree and\n\nrelating to the execution thereof, shall be open to appeal otherwise than as expressly \nprovided for in this Act.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 213
        },
        {
            "number": "215A",
            "title": "Section 215A. [* * *]",
            "chapter": null,
            "content": "[216. Limitation of appeals under Section 215. - (1) Every appeal under Section 215 \nshall be presented to the Commissioner, the Deputy Commissioner or any officer \nspecially empowered by the [State] Government under sub-section (5) of Section 215 \nas the case may be, within [ninety days] from t he date of the order or  the decree \nappealed against. \n(2) Appeals to the Judicial Commissioner or to the High Court shall be presented within \nthe time provided for the presentation of appeals to a District Judge or the High Court, \nas the case may be, under the Code of Civil Procedure, 1908 (V of 1908) by the law for \nthe time being in force for the limitation of appeals.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 214
        },
        {
            "number": "217",
            "title": "Section 217. Bar to further appeals, with Proviso for revision by Board or Commissioner -",
            "chapter": null,
            "content": "Order passed by the Commissioner or Deputy Commissioner in appeals referred under \nSection 215 shall not be open to any further appeal; but the Board or (in the case of \nappeals decided by the Deputy Commissioner) the Commissioner may call for the case \nand pass such orders thereon as it or he may think proper.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 215
        },
        {
            "number": "218",
            "title": "Section 218. Appeal in certain suits - [Repealed by the Chota Nagpur Tenancy (Amendment)",
            "chapter": null,
            "content": "Act, 1947 (Bihar Act 25 of 1947), Section 34.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 216
        },
        {
            "number": "219",
            "title": "Section 219. Appeal to Deputy Commissioner when to be presented - [Repealed by the",
            "chapter": null,
            "content": "Chota Nagpur Tenancy (Amendment) Act, 1947 (Bihar Act 25 of 1947), Section 34.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 217
        },
        {
            "number": "220",
            "title": "Section 220. Appeal when to be heard - (1) The Deputy Commissioner or the Commissioner,",
            "chapter": null,
            "content": "as the case may be, shall fix a day for hearing the appeal, and shall cause notice of the \nsame to be served on the respondent. \n(2) If on the day fixed for hearing the appeal, or on any other day to which the hearing \nmay be adjourned, the appellant does not appear in person or by agent, the appeal \nshall be dismissed for default. \n(3) If on such day the appellant appears and the respondent does not appear in person \nor by agent, the appeal shall be heard ex-parte.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 218
        },
        {
            "number": "221",
            "title": "Section 221. Re-admission of appeal - If an appeal is dismissed for default of prosecution,",
            "chapter": null,
            "content": "appellant may, within thirty days from the date of the dismissal, apply to the Deputy \nCommissioner, or the Commissioner as the case may be, for the readmission of the \nappeal; and, if it is proved to the satisfaction of the Deputy Commissioner or the \nCommissioner, as the case may be, that the appellant was prevented by any sufficient \n\ncause from appearing when the appeal was called on for hearing, the Deputy \nCommissioner or the Commissioner, as the case may be, readmit the appeal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 219
        },
        {
            "number": "222",
            "title": "Section 222. Re-hearing of appeal on application of respondent against whom \"ex-parte\"",
            "chapter": null,
            "content": "decree passed - When an appeal is heard ex-parte in the absence of the respondent \nand judgement is given against him, he may apply to the Appellate Court to re-hear the \nappeal; and if he satisfies the Court that notice was not duly served or t hat he was \nprevented by sufficient cause from attending when the appeal was called on for hearing, \nthe Court may re-hear the appeal on such terms as to costs or otherwise as the court \nthinks fit to impose upon him.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 220
        },
        {
            "number": "223",
            "title": "Section 223. Judgement in appeal - After hearing the appeal, the Deputy Commissioner or the",
            "chapter": null,
            "content": "Commissioner, as the case may be, shall give judgement in the manner p rovided in \nSection 170 for giving judgement in original suits.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 221
        },
        {
            "number": "224",
            "title": "Section 224. Appeal to Judicial Commissioner or High Court - (1) [* * *]",
            "chapter": null,
            "content": "[(2) Save where otherwise expressly provided in this Act or by any other law for the time \nbeing in force, a second appeal shall lie to the High Court from any appellate decree \npassed by the Judicial Commissioner under this Chapter or from any order passed by \nhim on appeal under Section 215, [* * *] on any of the following grounds, namely,- \n \n(a) the decision being contrary to law or to some usage having the force of law; \n \n(b) the decision having failed to determine some material issue of law or usage having \nthe force of law; \n \n(c) a substantial error or defect in the procedure provided by this Act which may \npossibly have produced error or defect in the decision of the case upon the merits, \n \nand the provisions of Part VII and of Order XLI of the First Schedule to the Code of Civil \nProcedure, 1908 (5 of 1908) shall apply, so far as may be, to such appeals.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 222
        },
        {
            "number": "225",
            "title": "Section 225. Hearing of appeals by Judicial Commissioner instead of by Deputy",
            "chapter": null,
            "content": "Commissioner - (1) Where, in analogous suits, some appeals have been presented to \nthe Deputy Commissioner a nd others to the Judicial C ommissioner, the Judicial \nCommissioner may, on the application of any of the parties, transfer to his own Court \nthe appeals pending in the Court of the Deputy Commissioner. \n(2) Where, in analogous suits, some appeals lie to the Deputy Commissioner and others \nto the Judicial Commissioner, a plaintiff or defendant whose appeal would ordinarily lie \nto the Deputy Commissioner may, if an appeal in any such suit has been presented by \nany other plaintiff or defendant to the Judicial Commissioner and admitted, present his \nappeal to the Judicial Commissioner instead of to the Deputy Commissioner, and the \nJudicial Commissioner may hear and decide the same. /",
            "footnote": "",
            "is_definition": false,
            "sort_order": 223
        },
        {
            "number": "226",
            "title": "Section 226. Limitation of appeal to Judicial Commissioner or High Court - [Repealed by",
            "chapter": null,
            "content": "Section 36 of the Chota Nagpur Tenancy (Amendment) Act, 1947 (Bihar Act 25 of \n1947).]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 224
        },
        {
            "number": "227",
            "title": "Section 227. Power to set aside judgement or order passed \"ex-parte\" by default - (1) No",
            "chapter": null,
            "content": "appeal by plaintiff or defendant shall lie from a judgement or order passed against him \nby default for non-appearance, whether such  judgement or order were given under \nSection 155, Section 156, Section 157 or Section 169. \n\n(2) If the party against whom any such judgement or order has been given appears, \neither in person or by agent,- \n \n(a) if a plaintiff, within thirty days from the date of Deputy Commissioner's order, and \n \n(b) if a defendant, within thirty days after any process for enforcing judgement has been \nexecuted, \n \nor at any earlier period, and shows sufficient cause for his previous non-appearance, \nand satisfies the Deputy Commissioner that there has been a failure of justice, the \nCommissioner may, upon such terms and conditions as to costs or otherwise as he may \nthink proper, re vive the suit and set aside the judgement or or der.\n\n(3) No judgement or order shall be altered or set aside under sub-section (2) without \npreviously summoning the party to appear and be heard in support of it.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 225
        },
        {
            "number": "228",
            "title": "Section 228. Order to set aside judgement final, but rejection of application to set aside",
            "chapter": null,
            "content": "appealable - In all cases in  which the Deputy Commissioner, under Section 227, \npasses an order setting aside a judgement or order, the order shall be final but in all \nappealable cases in which the Deputy Commissioner, under that Section, rejects an \napplication for setting aside a judgement or order, an appeal shall lie from the order of \nrejection to the tribunal to which the final decision in the suit would be appealable, \nprovided that the appeal be preferred within the time allowed for an appeal from such \nfinal decision.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 226
        },
        {
            "number": "229",
            "title": "Section 229. Application of Rule 22 of Order XLI of the First Schedule to the Code of Civil",
            "chapter": null,
            "content": "Procedure - The provisions of [Rule 22 of Order XLI of the First Schedule to the Code \nof Civil Procedure, 1908] [(5 of 1908)] shall so far as applicable, apply to all appeals \nunder this Act from decisions of the Deputy Commissioner [or of a Revenue Officer], \n \n[Chapter XVI-A] \n \nSummary Procedure for the recovery of rents under the Bihar and Orissa Public \nDemands Recovery Act, 1914",
            "footnote": "",
            "is_definition": false,
            "sort_order": 227
        },
        {
            "number": "229A",
            "title": "Section 229A. Recovery of arrears of rent under the certificate procedure in certain cases.",
            "chapter": null,
            "content": "- (1) Any landlord (other than the Government) whose land is situate in an area for \nwhich a record-of-right has been prepared and finally published and in which such \nrecord is  maintained, may apply to the [State] Government, through the Deputy \nCommissioner of the district in which his land is situate, for the application of the \nprocedure prescribed by the Bihar and Orissa Public Demands Recovery Act, 1914 (B & \nO Act 4 of 1914) to the recovery of arrears of rent which he alleges are or, may become, \ndue to him for lands in such area. \n(2) The [State] Government may reject any such application, or may allow it subject to \nsuch terms and conditions as it may see fit to impose, and may at any time add to or \nvary any terms or conditions so imposed, or withdraw its allowance of the application, \nwithout in any of these cases, assigning any reason for its action. \n\n(3) When any such application has been allowed, the landlord may make a requisition in \nwriting, in the form prescribed, to the Certificate Officer for the recovery of any arrears of \nrent which he alleges are due to him from any tenant. \n(4) Every such requisition shall be signed and verified by the landlord making it in the \nmanner prescribed by Rule 1 in Schedule II to the Bihar and Orissa Public Demands \nRecovery Act, 1914 (B & O Act 4 of 1914), as amendment for the time being by rules \nmade under Section 39 thereof, and shall be chargeable with a fee of the amount which \nwould be payable under the Court-fees Act, 1870 (7 of 1870) in respect of a plaint for \nthe recovery of a sum of money equal to that stated in the requisition as being due. \n(5) On receipt of any such requisition, the Certificate-Officer may, in accordance with \nsuch rules as the [State] Government may prescribe in this behalf, and if he is satisfied \nthat the arrear is due, sign a certificate in the prescribed form stating that the arrear is \ndue, and shall include in the certificate the fee paid under sub-section (4), and shall \ncause the certificate to be filed in his office :\n\nProvided that,- \n \n(a) no certificate shall be signed for the recovery of arrears of rent of a tenancy \nregarding which a suit has been instituted in the Court of the Deputy Commissioner for \nthe alteration of the rent payable by the tenant, or the determination of his status as a \ntenant, in respect of the period during which it is alleged in the requisition made under \nsub-section (3) that the arrears of rent sought to be recovered have accrued, and \n \n(b) if, after the signing of a certificate, it is found that such a suit was instituted in the \nCourt of the Deputy Commissioner before the certificate was signed, such certificate \nshall be cancelled. \n \n(6) The person in whose favour any certificate is signed under sub-section (5) shall be \ndeemed to be the certificate-holder for the amount mentioned in the certificate and the \nperson against whom the certificate is signed shall be deemed to be the certificate- \ndebtor for the said amount; and all proceedings taken by the certificate-officer for the \nrecovery of such amount shall be taken at the instance of the first mentioned person, \nand at his cost and responsibility, and not otherwise. \n(7) The Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914) \nwith such restriction and modifications (if any) as may be prescribed, shall apply to the \nexecution, and to all proceedings arising out of the execution, of certificates filed under \nsub-section (5). \n(8) No landlord shall, during the pendency of any proceeding under this section, institute \na suit for t he recovery of any arrears of rent in respect of which he has made a \nrequisition under sub-section (3); and, subject, to the provisions of Section 43 of the \nBihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914), no tenant \nshall, after t he signing of any certificate against him under s ub-section (5) of this \nSection, institute a suit before, or make an application to the Deputy Commissioner for \nthe alteration of the rent payable by him, or the determination of his status as a tenant, \nin respect of the period during which the arrears of rent for which such certificate was \nsigned have accrued. \n(9) The word \"landlord\" in this Section includes an entire body of landlords, and also \none or more co-sharer landlords, who collects or collect his or their share or shares of \nthe rent separately; and where the Certificate Officer si gns a  certificate on the \n\nrequisition of one or more such co-sharer landlords, he shall at the same time issue to \neach of the remaining co-sharer landlords a copy of such certificate. \n(10) Nothing in this Section shall apply to a 'Mundari khunt-kattidari' tenancy, \nnotwithstanding that it constitutes, or is situate in an area described in sub-section (1) \nChapter XVII \nLimitation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 228
        },
        {
            "number": "230",
            "title": "Section 230. Application of the [Indian] Limitation Act, [1908] - The provisions of the Indian",
            "chapter": null,
            "content": "Limitation Act, 19082 (9 of 1908) shall, so far as they are not inconsistent with this Act, \napply to all suits, appeals and applications under t his Act.\n\n[230A. Special rule of limitation in certain applications and suits before a \nRevenue-Officer. - Notwithstanding any of the provisions of the Indian Limitation Act, \n1908 (9 of 1908) where an application under sub-section (3) of Section 85 has been \nmade or a suit under Section 87, Section 111 (8), Section 130 or Section 252 has been \ninstituted within three months from the date of final publication of the record-of-rights, \nand any person is thereafter, added or substituted as a party to such application or suit, \nthe application or the suit shall, as regards such person, be deemed for the purpose of \nlimitation to have been made or instit uted on the date upon which it was made or \ninstituted by the original applicant or plaintiff against the original defendant.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 229
        },
        {
            "number": "231",
            "title": "Section 231. General rule of limitation - All suits and applications instituted or made under this",
            "chapter": null,
            "content": "Act, for which no period of limitation is provided elsewhere in  this Act, shall be \ncommenced and made respectively within one year from the date of the accruing of the \ncause of action: \nProvided that there shall be no period of limitation for applications under Sections 28, 31 \n[clauses (c) to (f) of Section 33-A] 34, 50, 61, 75, 105 or 121.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 230
        },
        {
            "number": "232",
            "title": "Section 232. Limitation of suits and applications for gr ant of l eases, etc - Suits and",
            "chapter": null,
            "content": "applications for t he delivery of leases or co unterpart engagements, or f or t he \ndetermination of the rates or rent payable for lands held by a tenant, may be instituted \nand made, respectively, at any time during the tenancy.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 231
        },
        {
            "number": "233",
            "title": "Section 233. Limitation of certain suits for ejectment - Suits for the ejectment of an",
            "chapter": null,
            "content": "occupancy 'Raiyat' or a non-occupancy 'Raiyat on any of the grounds mentioned in \nSection 22 or in clauses (b) and (c) of Section 41 shall be instituted within two years \nfrom the date of the misuse or breach complained of.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 232
        },
        {
            "number": "234",
            "title": "Section 234. Limitation of suits and applications for arrears of rent - Suits and applications",
            "chapter": null,
            "content": "under Section 244, for the recovery of arrears of rent, shall be instituted within three \nyears [or where the State Government is the landlord, within ten years] from the end of \nthe agricultural year in which the arrear became due.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 233
        },
        {
            "number": "235",
            "title": "Section 235. Successive suits or applications for recovery of rent - (1) Where a landlord",
            "chapter": null,
            "content": "has instituted a suit against a tenant or applied for a certificate under Section 240 \nagainst a 'Mundari khunt-kattidari' for the recovery of any rent of his tenancy, the \nlandlord shall not institute another suit or apply for another such certificate against him \nfor the recovery of any rent of that tenancy until after six months from the date of the \ninstitution or making of the previous suit or application. \n\n(2) Nothing in sub-section (1) shall prohibit a fresh suit for rent when a former suit has \nbeen withdrawn with leave to sue again or when a claim has been rejected under \nSection 154, or when a case has been struck off under Section 155 or Section 169.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 234
        },
        {
            "number": "236",
            "title": "Section 236. Limitation of suits against agents for money, accounts or papers - Suits for",
            "chapter": null,
            "content": "the recovery of money in the hands of an agent or for the delivery of accounts or papers \nby an agent, may be brought at any time during the agency, or within one year after the \ndetermination of the agency, of such agent; \nProvided that if the person having the right to s ue has by fraud, been kept from \nknowledge of the receipt of any such money by the agent, or if any fraudulent account \nhas been rendered by the agent the suit may be brought within one year from the time \nwhen the fraud first became known to such person; but no such suit shall in any case be \nbrought at any time exceeding three years from the termination of the agency.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 235
        },
        {
            "number": "237",
            "title": "Section 237. Limitation of applications for recovery of possession of holding - Applications",
            "chapter": null,
            "content": "for t he recovery of possession of a holding, or a ny portion thereof from which an \noccupancy Raiyat has been unlawfully ejected must be instituted within three years from \nthe date of such ejectment.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 236
        },
        {
            "number": "238",
            "title": "Section 238. Limitation of suits or  applications by village headmen f or recovery of",
            "chapter": null,
            "content": "possession - Suits or applications for recovery of possession of his office or agricultural \nland by a [village headman] against a landlord or any person holding by virtue of any \nassignment from a landlord, must be instituted or made within three years from the date \nof dispossession. \n \nChapter XVIII \n \nSpecial Provisions with respect to Mundari Khunt-Kattidars",
            "footnote": "",
            "is_definition": false,
            "sort_order": 237
        },
        {
            "number": "239",
            "title": "Section 239. Application of  preceding Sections to Mundari khunt-kattidari tenancies -",
            "chapter": null,
            "content": "Such of preceding Sections as are applicable to Mundari khunt-kattidars shall, in their \napplication to such persons and their tenancies, be read subject to the provisions of the \nfollowing Sections in this Chapter.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 238
        },
        {
            "number": "240",
            "title": "Section 240. Restrictions on transfer of Mundari khunt-kattidari tenancies - (1) No Mundari-",
            "chapter": null,
            "content": "khunt-kattidari tenancy or portion thereof shall be transferable by sale, whether in \nexecution decree or order of a Court or otherwise : \nProvided that, when a decree or order has been made by any Court for the sale of any \nsuch tenancy or portion thereof, in satisfaction of a debt due under a mortgage (other \nthan a usufructuary mortgage) which was registered before the commencement of the \nChota Nagpur Tenancy (Amendment) Act, 1903 [(Ben. Act 5 of 1903)], the sale may be \nmade with the previous sanction of the Deputy Commissioner. \n(2) If the Deputy Commissioner refuses to sanction the sale of any such tenancy or \nportion thereof under the proviso to sub-section (1), he shall attach the land and make \nsuch arrangements as he may consider suitable for liquidating the debt. \n(3) No mortgage of a Mundari khunt-kattidari tenancy or any portion thereof shall be \nvalid, except a bhugut bandha mortgage for a period, expressed or implied, which does \nnot exceed or cannot in any possible event exceed seven years : \n[Provided that, a Mundari Khunt Kattidar tenant may transfer by simple mortgage his \nright in this tenancy or any portion thereof with a view to raising loan for agricultural \n\npurpose to a society or bank registered or deemed to be registered under the 'Bihar and \nOrissa Co-operative Societies Act, 1935 (Bihar a nd Orissa Act VI of 1935) or a \ncompany or Corporation owned by or in which not less than fifty one per cent of the \nshare capital is held by the State Government or the Central Government or partly by \nthe State Government or partly by the Central Government and which has been set up \nwith a view to providing agricultural credit to cultivators.] \n(4) No lease of a 'Mundari Khunt kattidari' tenancy or any portion thereof shall be valid, \nexcept a lease of one or other of the following kinds, namely :- \n \n(a) 'mukarrari le ases' of uncultivated land, when granted to a Mundari or a  group of \nMundaris for the purposes of enabling the lessees or the male members of their families \nto bring suitable portions of the land under cultivation;\n\n(b) leases of uncultivated land, when granted to a 'Mundari' cultivator to enable him to \ncultivate the land as a Raiyat. \n \nExplanation. - The expression \"uncultivated land\" as used in this sub-section, includes \nland which, though formerly cultivated, is not, at the time the lease is granted, either \nunder cultivation or in the occupation of the lessee for purposes of cultivation. \n(5) Where a 'Mundari khunt-kattidari' tenancy is held by the group of 'Mundari khunt- \nkattidars' no bhugut bandha mortgage or 'mukarrari' lease of the tenancy or any portion \nthereof shall be valid, unless it is  made with the consent of all the 'Mundari \nKhuntkattidars'. \n(6) No transfer of a 'Mundari khuntkattidar' tenancy or any portion thereof, by any \ncontract or agreement made otherwise than as provided in the foregoing subsections \nshall be valid; and no such contract or agreement shall be registered. \n(7) Nothing in the foregoing sub-section shall affect any sale or, except as declared in \nthe Proviso to sub-section (1), any mortgage or a ny lease, made before the \ncommencement of the Chota Nagpur Tenancy (Amendment) Act, 1903 [(Bengal Act 5 \nof 1903).]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 239
        },
        {
            "number": "241",
            "title": "Section 241. Transfer for certain purpo ses. - (1) N otwithstanding anything contained in",
            "chapter": null,
            "content": "Section 240, a 'Mundari khunt-kattida' may without the consent of his landlord, transfer \nthe land comprised in his tenancy, or any part thereof, for any reasonable and sufficient \npurpose having relation to the good of the tenancy or of the tenure or estate in which it \nis comprised, such as the use of the land for any charitable, religious or educational \npurpose or for the purposes of manufacture or irrigation, or as building ground for any \nsuch purpose, or for access to land used or required for any such purpose: \nProvided that the transfer shall be made by registered deed and that before the deed is \nregistered and land transferred, the written consent of the Deputy Commissioner shall \nbe obtained to the terms of the deed, and to the transfer. \n(2) B efore consenting to any such transfer, the Deputy Commissioner sh all satisfy \nhimself that [adequate compensation is tendered to] the landlord and other co-sharers \nin the tenancy [* * *] for the loss (if any) caused to them by the transfer; and where only \npart of the land comprised in the tenancy is transferred may, if he thinks fit, apportion \nbetween the transferee and the original tenant all dues payable for the tenancy. \n(3) Any appeal against any order of a Deputy Commissioner consenting or refusing to \nconsent to any such transfer shall lie as provided in Chapter XVI.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 240
        },
        {
            "number": "242",
            "title": "Section 242. Ejectment of persons unlawfully obtaining possession of such tenancies - If",
            "chapter": null,
            "content": "any person obtains possession of a 'Mundari-khunt-kattidari tenancy or any portion \nthereof in contravention of the provision of Section 240, the Deputy Commissioner may \neject him therefrom. \nand if the tenancy was, before such possession was obtained entered as a 'Mundari \nkhunt-kattidari tenancy in a record-of-rights finally published under the Act or under any \nlaw in force before the commencement of this Act, no suit shall be maintainable in any \nCourt in respect of such ejectment; but an appeal shall lie as provided in Chapter XVI.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 241
        },
        {
            "number": "243",
            "title": "Section 243. Enhancement of rent - The rent of a 'Mundari khunt-kattidari tenancy may be",
            "chapter": null,
            "content": "enhanced only,- \n \n(a) by an order of the Deputy Commissioner, and\n\n(b) if it be shown before the Deputy Commissioner that the tenancy was created within a \nperiod of twenty years immediately preceding the presentation of the petition for \nenhancement. \n \n(2) An order of the Deputy Commissioner under sub-section (1) shall not enhance the \nrent of any such tenancy to an amount which would exceed one-half of the rent which \nwould by payable for the land if it were held by a Raiyat having a right of occupancy \ntherein. \n(3) The provisions of Sections 28 to 30 shall be applicable to proceedings or the \nenhancement of the rent of a 'Mundari-khunt-katfidari tenancy. \n[244. Recovery of arrears of rent under the certificate procedure where there is a \nrecord-of-rights. - When an arrear of rent accrues in respect of a 'Mundari-khunt- \nkattidari tenancy for which a record-of-rights has been prepared under this Act or under \nany law in force before the commencement of this Act, no suit shall be maintainable in \nany Court for the recovery of the arrears but the landlord may apply in writing to the \nDeputy Commissioner to sign a certificate authorising the recovery thereof, with simple \ninterest not exceeding twelve-and-a-half per centum per annum or in the case of money \nrecoverable under the Cess Act, 1880 (Bengal Act 9 of 1880) at twelve-and-a-half per \ncentum per annum under the Bihar and Orissa Public Demands Recovery Act, 1914 (B \n& O Act 4 of 1914). \n(2) Every such application shall be signed and verified by the landlord making it, in the \nmanner prescribed by Rule 1 in Schedule II to the said Act, as amended for the time \nbeing by rules made under Section 47 thereof, and shall be chargeable with a fee of the \namount which would be payable under Court-Fees Act, 1870 (7 of 1870) in respect of a \nplaint for the recovery of a sum of money equal to that stated in the application as being \ndue. \n(3) Upon receiving any such application, the Deputy Commissioner may, after making \nsuch inquiry and taking such evidence as he may consider n ecessary, and if he is \nsatisfied that the arrear is due, sign a certificate, in the prescribed form, stating that the \narrear is due; and shall include in the certificate the fee paid under sub-section (2) and \nshall cause the certificate to be filed in his office. \n(4) The person in whose favour any such certificate is signed shall be deemed to be the \ncertificate-holder for t he amount mentioned in the certificate, and the person against \nwhom the certificate is signed shall be deemed to be the certificate-debtor for the said \n\namount and all proceedings taken by the Certificate Officer for the recovery of such \namount shall be taken at the instance of the first mentioned person, and at his cost and \non his responsibility, and not otherwise. \n(5)The Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914) and \nSections 181 to 207 of this Act, with such restriction and modifications (if any) as may \nbe prescribed, shall apply to the execution, and to all proceedings arising out of the \nexecution of certificate filed under sub-section (3): \nProvided as follows :- \n \n(a) subject to the provisions of Section 248, a certificate signed under this Section may \nbe enforced only by the attachment and sale of the movable property of the person \nagainst whom the certificate is made, or by the attachment realisation of rent or other\n\ndebts due to him or by execution against his person in the manner provided by Chapter \nXVI, or by any two or more of these processes; and \n \n(b) no objection by any third person to the attachment or sale of crops shall be \nentertained, except,- \n \n(i) an objection by a mortgagee holding under a 'bhugut bandhal mortgage', that the \njudgement-debtor has other movable property or assets, from which the sum due can \nbe realised; or \n \n(ii) an objection by a lessee holding under a 'Mukarrari lease' described in Section 240, \nclause (a), that the land in respect of which the arrear accrued is included in his lease \nand that the judgement-debtor has other movable property or as sets from which the \nsum due can be realised; or \n \n(iii) an objection, by a cultivator, that he is in possession of the land in respect of which \nthe arrear accru ed, that the land is rec orded in the record-of-rights as being in the \npossession of himself or of some person from whom he has l awfully acquired such \npossession, and that the judgement-debtor has other movable property or assets from \nwhich the sum due can be realised; or \n \n(iv) an objection, by such third person, that the land on which such crops were or are \nstanding is entered in the record-of-rights as being in the possession of himself or of \nsome person from whom he has lawfully acquired possession, and that such land does \nnot form part of the tenancy in respect of which the certificate was signed. \n \n(6) Notwithstanding anything hereinbefore contained the Deputy Commissioner may, in \nany case by written order setting forth the reasons therefor, refuse to sign a certificate \nas aforesaid, or stay for any specified period the execution of any certificate which has \nbeen signed. \n(7) An appeal from any order made under sub-section (6) shall lie as provided in \nChapter XVI.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 242
        },
        {
            "number": "245",
            "title": "Section 245. Reference of question of title to Civil Court - If, in the course of any",
            "chapter": null,
            "content": "proceedings under Section 244, any question of title is raised which could in the opinion \nof the Deputy Commissioner more properly be determined by a Civil Court, the Deputy \nCommissioner shall refer such  question to the principal C ivil Court in  the district for \ndetermination.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 243
        },
        {
            "number": "246",
            "title": "Section 246. Recovery of arrear of rent by suit where there is no record-of-rights - (1)",
            "chapter": null,
            "content": "When an arrear of rent accrues in respect of a 'Mundari-khunt-kattidari' tenancy for \nwhich no record-of-rights has been prepared the landlord may institute a suit for the \nrecovery of the arrear. \n(2) Subject to the provision of Section 248, a decree or order made in any such suit may \nbe enforced only by the attachment and sale of the movable property of the defendant, \nor by the attachment or realisation of rent or other debts due to him, or by execution \nagainst his person in the manner provided by Chapter XVI, or by any two or more of \nthese processes.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 244
        },
        {
            "number": "247",
            "title": "Section 247. Joinder of parties in proceedings under Section 244 or 246 - Where a",
            "chapter": null,
            "content": "'Mundari-khunt-kattidari' tenancy is held jointly by a group of Khunt-kattidar's, and an \nobjection to the making of a certificate under Section 244, or to the execution thereof, or \nto the maintenance of a suit under Section 246, is made on the ground that all the \nKhunt-kattidars have not been made parties to the proceedings, the objection shall not \nbe entertained if it be shown that other Khunt-kattidars could not be made parties \nwithout undue delay or expense.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 245
        },
        {
            "number": "248",
            "title": "Section 248. Recovery of money due to the Government or rent due to a landlord - Where",
            "chapter": null,
            "content": "a decree or a certificate under [the Bihar and Orissa Public Demands Recovery Act, \n1914 (B & O Act 4 of 1914)] has been made against a 'Mundari-khunt-kattidar' for any \nmoney due to the [Government] or for rent to a landlord, the Deputy Commissioner may \nattach the land occupied by him [whether it  be in his immediate occupation or in \npossession of a mortgagee or of any other person except a Raiyat or a lessee holding \nunder a Mukarrari lease as described in Section 240 [clause (4)(a)], and make such \narrangements as the Deputy Commissioner may consider suitable for liquidating the \ndebt [and in particular he may realise and devote to such liquidation all rents due to \nsuch mortgage or other person shall not recover from a person rents so realised.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 246
        },
        {
            "number": "249",
            "title": "Section 249. Recovery of contributions from co-sharer tenants - When a 'Mundari-khunt-",
            "chapter": null,
            "content": "kattidari has paid the rent of his tenancy, including portions thereof due from his co- \nsharers or any of them the said portions may, if the proportions due by such co-sharers \nare definitely stated in a record-of-rights prepared under this Act or under any law in \nforce before the commencement of this Act, be recovered by him, with interest, under \nprocedure provided by Section 244, as if they were an arrear of rent due to a landlord.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 247
        },
        {
            "number": "250",
            "title": "Section 250. Entry of Mundari khunt kattidari tenancies in record-of-rights. - All 'Mundari-",
            "chapter": null,
            "content": "khunt-kattidari' tenancies shall be so described in any record-of-rights prepared under \nChapter XII.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 248
        },
        {
            "number": "251",
            "title": "Section 251. Bar to suits under Section 87 - No suit shall be entertained under Section 87 for",
            "chapter": null,
            "content": "the decision of any dispute regarding any entry relating to a 'Mundari khunt-kattidari \ntenancy in a record-of-rights.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 249
        },
        {
            "number": "252",
            "title": "Section 252. Decisions of disputes regarding entries or omissions in record-of-rights - (1)",
            "chapter": null,
            "content": "At any time within three months from the date of the certificate of the final publication of \nthe record-of-rights under this Act, or under any law in force before the commencement \nof this Act, a suit may be instituted before a Revenue Officer, for the decision of any \ndispute regarding any entry of a 'Mundari-khunt-kattidari tenancy or the incidents thereof \n\nin the record, or regarding any omission to enter such a tenancy or any incident thereof \nin the record, and the Revenue Officer shall hear and decide the dispute. \n(2) In all such suits, the Revenue Officer shall, subject to any rules made in this behalf \nunder Section 264, adopt the procedure laid down in Chapter XVI for the trial of suits \nbefore the Deputy Commissioner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 250
        },
        {
            "number": "253",
            "title": "Section 253. Appeal against such decisions - An appeal shall lie, in the prescribed manner",
            "chapter": null,
            "content": "and to the prescribed Officer, from any decision of a Revenue Officer under Section",
            "footnote": "",
            "is_definition": false,
            "sort_order": 251
        },
        {
            "number": "252",
            "title": "Section 252. 254. Entry of decision in record-of-rights - Whenever a suit instituted under Section",
            "chapter": null,
            "content": "252 has been finally decided, a note of the decision shall be made in the record-of- \nrights, as finally published, by the Revenue Officer referred to in that Section; and such \nnote shall be considered as part of the record.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 252
        },
        {
            "number": "255",
            "title": "Section 255. In preparing record-of-rights, judgements, etc., in suits not to be taken as",
            "chapter": null,
            "content": "evidence that tenancies are or are not Mundari Khunt-kattidari tenancies - When \nan order h as been issued under Section 80 of this Ac t, or under Section 101 of the \nBengal Tenancy Act, 1885 (8 of 1885)1 in respect of any local area, estate, tenure or \npart t hereof, no judgement, decree or or der in  any suit i nstituted thereafter shall be \ntaken as evidence, in any inquiry made by a Revenue Officer engaged in the \npreparation of a record-of-rights for such area, estate, tenure or part, under Chapter XII \nof this Act or under C hapter X  of the said Bengal Tenancy Act, 1885 (8 of 1885)1, \nrespecting any claim that any tenancy within that area, estate, tenure or part is not a \n'Mundari-khunt-kattidari tenancy.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 253
        },
        {
            "number": "256",
            "title": "Section 256. Record-of-rights to be conclusive evidence on the  question whether a",
            "chapter": null,
            "content": "tenancy is a 'Mundari-khunt-kattidar' tenancy - [(1) Where a record-of-rights has \nbeen finally published under Section 83 of this Act or under sub-section (2) of Section \n103-A of the [Bengal Tenancy Act, 1885 (8 of 1885)] or amended under Section 254 of \nthis Act,  the entries therein relating to 'Mundari-khunt-kattidari tenancies shall be \nconclusive evidence of the nature and incidents of such tenancies and of all particulars \nrecorded in such entries, and, if any tenancy in the area, estate or tenure for which the \nrecord-of-rights was prepared has not been recorded therein as a  'Mundari-khunt- \nkattidari tenancy, no evidence shall be received in any Court to show that such tenancy \nis a 'Mundari-khunt-kattidari tenancy.] \n[(2) Where in the record-of-rights finally published under sub-section (2) of Section 103- \nA of the Bengal Tenancy Act, 1885 [(8 of 1885)] for a village in the Estate of Porahat in \nthe district of Singhbhum a tenant of the village has been recorded as a 'Mundari-khunt- \nkattidari, all land which he held at the date of final publication, shall be deemed to have \nbeen recorded in the record-of-rights as his 'Mundari khunt-kattidari, tenancy.] \n \nChapter XIX \nSupplemental Pr ovisions \nJoint Landlords",
            "footnote": "",
            "is_definition": false,
            "sort_order": 254
        },
        {
            "number": "257",
            "title": "Section 257. Joint Landlords - When two or more persons are joint landlords anything which a",
            "chapter": null,
            "content": "landlord is under this Act, required or authorised to do must be done by both or all those \npersons acting together, or by an agent authorised to act on behalf of both or all of \nthem. \n \n\nBar to suits [and finality of decisions in certain cases]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 255
        },
        {
            "number": "258",
            "title": "Section 258. Bar to suits in certain cases - Save as expressly provided in this Act, no suit",
            "chapter": null,
            "content": "shall be entertained in any Court to vary, modify or set aside, either directly or indirectly, \nany [decision], order or decree of any Deputy Commissioner or Revenue Officer in any \nsuit, [application] or proceeding under Section 20, Section 32, Section 35, Section 42, \nSection 46, sub-section (4), Section 49, Section 50, Section 54, Section 61, Section 63, \nSection 65, Section 73 [Section 74-A)], Section 75, Section 85, Section 86, Section 87, \nSection 89, [* * *] or Section 91 (Proviso), or under Chapter XII, XIV, XV, XVI, or XVIII,\n\nexcept on the ground of fraud or want of jurisdiction [and every such decision, order or \ndecree shall have the force and effect of a decree of a Civil Court in a suit between the \nparties and, subject to the provisions of this Act relating to appeal, shall be final]. \n \nProcess",
            "footnote": "",
            "is_definition": false,
            "sort_order": 256
        },
        {
            "number": "259",
            "title": "Section 259. Mode of Service - Every notice, summons or other process under this Act",
            "chapter": null,
            "content": "required to be served on any person shall be served in the prescribed manner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 257
        },
        {
            "number": "260",
            "title": "Section 260. Authentication and p ayment of costs - Every process iss ued by a Deputy",
            "chapter": null,
            "content": "Commissioner or Revenue Officer under this Act shall bear his seal and signature, and \nthe cost of serving the same shall be paid by such person and in such manner as may \nbe prescribed. \n \nCosts \n \n[261. Costs in suits and applications. - The provisions of Section 35 of the Code of \nCivil Procedure, 1908 (5 of 1908) and of sub-rules (2) and (3) of Rule 6 of Order XX of \nthe First Schedule to the said Code shall apply to all suits, applications and proceedings \nunder this Act.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 258
        },
        {
            "number": "262",
            "title": "Section 262. Deposit of  cost of  proceedings to be incurred by the Government - (1) A",
            "chapter": null,
            "content": "Revenue Officer or D eputy Commissioner may, subject to any directions given by the \n[State] Government, require any plaintiff or applicant to deposit in advance the whole or \nany part of the estimated amount of the expenses to be incurred by the Government in \nany proceeding under this Act. \n(2) If the amount so deposited by any person exceeds the sum finally made payable by \nhim as costs, the excess shall be refunded to him when the proceedings are completed. \nProduction of witnesses and documents",
            "footnote": "",
            "is_definition": false,
            "sort_order": 259
        },
        {
            "number": "263",
            "title": "Section 263. Production of witnesses and documents - For the purposes of any inquiry under",
            "chapter": null,
            "content": "this Act, any Deputy Commissioner or Revenue Officer shall have power to summon \nand enforce the attendance of witnesses and compel the production of documents in \nthe same manner as is provided in the case of a Court by the Code of Civil Procedure, \n[1908 (5 of 1908).] \n \n\nRules and notifications",
            "footnote": "",
            "is_definition": false,
            "sort_order": 260
        },
        {
            "number": "264",
            "title": "Section 264. Power to make rules to carry out objects of Act - (1) The [State] Government",
            "chapter": null,
            "content": "may make [Rules], to carry out the object of this Act. \n(2) In particular and without prejudice to the generality of sub-section (1), the [State] \nGovernment may make Rules,- \n \n[(i) to prescribe the particulars to be contained in the notice, and the period within which \nthe landlord may make the application under sub-section (1) of Section 13;] \n \n(ia) to prescribe the particulars to be specified in pursuance of clause (a) of sub-section \n(1) of Section 28, in applications for enhancement of the rent of occupancy holdings;\n\n(ii) to limit the enhancement of the rent of occupancy holdings under Section 29; \n \n(iii) to prescribe particulars to be specified, in pursuance of clause (j) of Section 31, in \napplications for incre ase of rent in respect of increase in the area of land held by \noccupancy-Raiyat, \n \n(iv) to prescribe particulars to be specified, in pursuance of clause (h) of Section 34 \napplications for the reduction of rent paid by occupancy-Raiyats; \n \n[(iva) to prescribe the particulars of remittances to be entered in the register to be \nmaintained under sub-section (2) of Section 53 and the manner in which the deposit \nshall be paid to the payer or the payee;] \n \n(v) to prescribe the manner in  which the possession of land should be given under \nSection 46, sub-section (4), Section 50, sub-section (2), Section 71 or Section 73, sub- \nsection (3); \n \n(vi) to prescribe the manner in which landlords shall send notices to the Deputy \nCommissioner under Section 73, sub-section (2); \n \n(vii) to prescribe the manner in which rents shall be settled under Section 85; \n \n(viii) to prescribe the officer to whom and the manner in which appeals shall lie from \norders or decisions passed by Revenue Officer under Section 61, Section 85, Section \n87, Section 89, Chapter XIII, Chapter XIV, Chapter XV or Section 252; \n \n(ix) to regulate the transfer of cases to Civil Courts under the First Proviso to Section 87 \n[and the proviso to Section 139; \n \n(x) to prescribe the manner in which record-of-rights shall be revised in pursuance of a \ndirection given under Section 98;] \n \n\n(xi) to declare the restrictions or modifications (if any) subject to which the provisions of \nChapter XII shall apply to the revision of record-of-rights of the settlement of rents in \npursuance of a direction given under Section 98; \n \n(xii) to prescribe particulars to be contained in a record prepared under Section 106; \n(xiii) to prescribe the form of statements to be prepared under Section 111, clause (1); \n(xiv) to prescribe the manner in which copies of entries in records prepared under \nChapter XV shall be served under Section 129; \n \n(xv) to regulate the exercise of the right conferred by Section 140 to bring collective \nsuits or make collective applications;\n\n(xvi) to prescribe the Court by which decrees or orders passed by a Deputy \nCommissioner under this Act may be executed; \n \n(xvii) to prescribe the form of applications for the execution of decrees or orders passed \nby a Deputy Commissioner under this Act; \n(xviii) to prescribe the manner of executing decrees or orders referred in Section 195; \n(xix) to prescribe the manner of dealing with sale-proceeds under Section 205, sub- \nsection (2); \n \n(xx) to prescribe the manner of service of notices, summons and other processes, and \nof publication of notices, issued under this Act; \n \n(xxi) to declare by what person and in which manner the cost of serving processes \nissued by a Deputy Commissioner or Revenue Officer under this Act shall be paid; \n \n(xxii) to regulate the procedure to be followed by Revenue Officer in the discharge of \nany duty imposed upon them by or under this Act, and may, by such rules, confer upon \nany such officer,- \n \n(a) any power exercised by a Civil Court in the trial of suits; \n \n(b) power to enter upon any land, and to survey, demarcate and make a map of the \nsame, and any power exercisable by any officer under the Bengal Survey Act, 1875 \n(Bengal Act 5 of 1875); and \n \n(c) power to cut and thresh the crops on any land and weigh the produce, with a view to \nestimating the capabilities of the soil; \n \n[(xxiii) to prescribe the forms to be used under this Act;] \n \n(xxiv) to prescribe the procedure to be followed and the information to be given by any \nparty or applicant in any proceeding under this Act; \n \n\n[(xxv) to prescribe any other matter by this Act required, or expressly or impliedly \nauthorised, to be prescribed.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 261
        },
        {
            "number": "265",
            "title": "Section 265. Power to m ake Rules to proc edure, on application of  the Code of C ivil",
            "chapter": null,
            "content": "Procedure - (1) The  [State] Government may [* *  *] make [rule] for regulating the \nprocedure of the Deputy Commissioner in matters under this Act for which a procedure \nis not provided hereby; and may, by any such rule, direct that any provisions of the \nCode of Civil Procedure, 1908 (5 of 1908) shall apply, with or without modification, to all \nor a ny classes of cases before the Deputy Commissioner.\n\n(2) When any provision of the said Code is applied by such rules, the rules may further \ndeclare that any provision of this Act which is superseded by, or inconsistent with, any \nprovision so applied shall be deemed to be repealed. \n(3) Until rules are made under sub-section (1), and subject to those rules when made \nand to other provisions of this Act, the provisions of the Code of Civil Procedure, 1908 \n(5 of 1908) [* * *]. \n[* * *] \nshall, so for as may be, and insofar as they are not inconsistent with this Act, apply to all \nsuits, appeals and proceedings before the Deputy Commissioner under this Act and to \nall appeals from decisions passed in such suits or proceedings.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 262
        },
        {
            "number": "266",
            "title": "Section 266. Publication of Rules in draft - (1) All powers conferred by this Act for making",
            "chapter": null,
            "content": "rules are subject to the condition that the rules be made after previous publication. \n(2) Sub-section (1) shall not apply to any rules made and published in the [Official \nGazette] within a period of two months from the commencement of this Act but all rules \nso made and published shall be re-issued, after pr evious publication, and with such \namendments (if any) as  the [State] Government may consider n ecessary, within a \nperiod of one year from such commencement.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 263
        },
        {
            "number": "267",
            "title": "Section 267. Publication and effect of rules and notification - All rules made and notifications",
            "chapter": null,
            "content": "issued, under t his Act shall be published in the [* *  *] [Official Gazette], and on such \npublication shall have effect as if enacted in this Act. \n \nRecovery of Dues",
            "footnote": "",
            "is_definition": false,
            "sort_order": 264
        },
        {
            "number": "268",
            "title": "Section 268. Recovery of dues - (1) Costs and interest awarded under this Act in rent suits [* *",
            "chapter": null,
            "content": "* *] shall be recoverable as if they were arrears of rent. \n(2) All  costs [and interests] not referred to in sub-section (1) [and a damage \ncompensation], fines and penalties, awarded or i mposed under this Act, shall be \nrecoverable in the manner provided in Chapter XVI for the recovery of money (not being \narrears of rent) due under a decree. \n \nPowers",
            "footnote": "",
            "is_definition": false,
            "sort_order": 265
        },
        {
            "number": "269",
            "title": "Section 269. Transfer of cases from one Revenue Officer to another. - A Revenue Officer",
            "chapter": null,
            "content": "may at any time transfer any pending suit, application or proceeding under this Act from \n\nthe file of any Revenue Officer acting under this Act to the file of any other Revenue \nOfficer so acting, who is fully authorised to entertain and decide such suit, application or \nproceeding.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 266
        },
        {
            "number": "270",
            "title": "Section 270. Control over D eputy Commissioners and Depu ty Collectors - In t he",
            "chapter": null,
            "content": "performance of their duties and exercise of their powers u nder t his Act, Deputy \nCommissioner shall be subject to the general direction and control of the Commissioner \nand the Board, and Deputy Collectors exercising functions of the Deputy Commissioner \nshall also be subject to the direction and control of the Deputy Commissioner. \n \nSaving of Special Enactment",
            "footnote": "",
            "is_definition": false,
            "sort_order": 267
        },
        {
            "number": "271",
            "title": "Section 271. Saving of special enactments. - Nothing in this Act  shall affect,-",
            "chapter": null,
            "content": "(a) the powers and duties of Settlement Officers as defined by any law not expressly \nrepealed by this Act, or \n \n(b) any other special or local law not repealed, either expressly or by necessary \nimplication, by this Act. \n \nSchedule 'A' \n \nActs and Notification Repealed in the Chota Nagpur Division \n \n[* * * * *] \n \n[See Section 2(1)] \n \nActs of the Bengal Council \n \nNumber \nand year \nShort title \n1 2 \n I of 1879  The Chota Nagpur Landlord and Tenant \nProcedure Act, 1879. \n IV of \n1897 \n The Chota Nagpur Commutation Act,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 268
        },
        {
            "number": "1897",
            "title": "Section 1897. V of",
            "chapter": null,
            "content": "1903 \n The Chota Nagpur Tenancy \n(Amendment) Act, 1903. \n V of \n1905 \n The Chota Nagpur (Amendment) Act, \n1905 \n VIII of \n1879 \n The Bengal Rent Settlement Act, 1879. \n \nNotifications \n \nNotification No. 1379-LR, dated the 5th March, 1908. - Published in the 'Calcutta \nGazette' of the 11th idem, Part I, page 631, and in the 'Gazette of India' of the 21st \nidem, Part I, page 214. \n\n \nSchedule B \n \n[* * *] Repealed in [The District of Dhanbad and Palamau Ichagarh and Chandil \nPolice Station in the District of Singhbhum] \n \n[See Section 2(2)]\n\n \nNumber \nand year \nShort title \n1 2 \n   Act of the Governor-General of India \nin Council \n X of \n1859 \n The Bengal Rent Act, 1859 \n   Acts of the Bengal Council \n VI of \n1862 \n The Bengal Rent Act, 1862 \n IV of \n1867 \n The Bengal Rent (Appeals) Act, 1867 \n   [* * * * *] \n \nAppendix \n \nPart I \n \nProvisions of the Chota Nagpur Tenancy (Amendment) Act, 1920 not incorporated \nin the text",
            "footnote": "",
            "is_definition": false,
            "sort_order": 269
        },
        {
            "number": "70",
            "title": "Section 70. Transitional Provision. - Notwithstanding anything contained in this Act, a Court",
            "chapter": null,
            "content": "shall continue to exercise jurisdiction,- \n \n(1) in  a suit instituted, an application made or a proceeding taken before the \ncommencement of this Act in accordance with the law for the time being in force and \npending in such Court at such commencement, \n \n(2) in proceedings with reference to a decree or order (including proceeding by way of \nexecution thereof): \n \n(a) passed or made after the commencement of this Act in a suit, application or \nproceeding referred to in (1); \n \n\n(b) passed or made by such Court before the commencement of this Act in any other \nsuit, application or proceeding; \n \nand the provision of Chapter XV of the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 \nof 1908), shall continue to apply to all proceedings with reference to any such decree or \norder passed under that Act, as if this Act had not been passed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 270
        },
        {
            "number": "71",
            "title": "Section 71. Amendment of Section 26(4) of the Bihar and Orissa Public Demands",
            "chapter": null,
            "content": "Recovery Act, 1914. - For sub-section (4) of Section 26 of the Bihar and Orissa Public\n\nDemands Recovery Act, 1914 (B&O Act 4 of 1914), the following shall be substituted, \nnamely:- \n \n(4) In areas in which the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) is in \nforce,- \n \n(a) the Commissioner may by order in any case in which he may consider it desirable so \nto do,- \n \n(i) prohibit the sale of any tenure or portion thereof; \n \n(ii) stay any such sale for any period specified in the order; \n \n(b) when a tenure or holding is sold in execution of a certificate for arrears of rent due in \nrespect thereof sub-section (I) shall not apply, but the purchaser shall acquire such right \ntherein as if he had purchased at a sale thereof under sub-section (1) of Section 208 of \nthe Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908) in execution of a decree for \nsuch arrears. \n \nPart II \n \nThe Seraikela And Kharsawan (Laws) Act, 1951 \n[Bihar Act XLI of 1951] \nAn Act to apply the Chota Nagpur Tenancy Act, 1908 to the Sub-Division of Seraikela \nand Kharsawan of the district of Signbhum \n \nWhereas it is expedient to apply the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of \n1908) to the Sub-division of Seraikela and Kharsawan of the district of Singhbhum; \nit is hereby enacted as follows :-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 271
        },
        {
            "number": "1",
            "title": "Section 1. Short title - This Act may be called the Seraikela and Kharsawan (Laws Act, 1951).",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 272
        },
        {
            "number": "2",
            "title": "Section 2. Application of  the Chota N agpur Tena ncy Act, 1908 to S eraikela and",
            "chapter": null,
            "content": "Kharsawan Sub-division of the district of Singhbhum - The Chota Nagpur Tenancy \nAct, 1908 (Bengal Act 6 of 1908), subject to the amendments to which the said Act is \n\nsubject in the State of Bihar, s hall be in force in the territory comprised in the Sub- \ndivision Seraikela and Kharsawan of the district of Singhbhum s ubject to the \nmodifications and exceptions specified in the Schedule annexed to this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 273
        },
        {
            "number": "3",
            "title": "Section 3. Repeal of enactment and savings - The Record-of-rights of Seraikela Act No. I of",
            "chapter": null,
            "content": "1935 and the Record-of-rights Act of Kharsawan are hereby repealed: \nProvided that the said repeal shall not affect,- \n \n(a) the previous operation of any of the said enactments, or \n \n(b) any penalty, forfeiture or punishment incurred in respect of any offence committed \nagainst any such law, or\n\nSl. \nNo. \nSection \nof the \nC.N.T. \nAct, \n1908 \nExtent of modifications and exceptions \n1 2 3 \n(c) any investigation, legal proceeding or remedy in respect of any such penalty, \nforfeiture or punishment, and any such investigation, legal proceeding or remedy may \nbe instituted continued or enforced and any such penalty, forfeiture or punishment may \nbe imposed as if this Act had not been enacted : \n \nProvided further that the record-of-rights including the record-of-rights in respect of the \nrights and duties of village headmen prepared and the Pattas granted under any of the \nsaid enactments and in force in the Sub-division of Seraikela and Kharsawan \nimmediately before the commencement of this Act shall be deemed to be the record-of- \nrights including the record-of-rights in respect of the rights and duties of village \nheadmen prepared and published in Pattas granted under Chapter XI, XII, XIII or XIV of \nthe Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908), as applied by this Act to \nSeraikela and Kharsawan insofar as  such record-of-rights and Pattas are not \ninconsistent with the provisions of the said Act: \nProvided also that for the purpose of facilitating the application of the Chota Nagpur \nTenancy Act, 1908 (Bengal Act  6 of 1908), in  the Sub-division of Seraikela and \nKharsawan, any Court or other authority may construe the said Act with such alterations \nnot affecting the substance, as may be necessary or pr oper to  adapt it to the matter \nbefore the Court or other authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 274
        },
        {
            "number": "4",
            "title": "Section 4. Removal of difficulty - If any difficulty arises in giving effect to the provisions of this",
            "chapter": null,
            "content": "Act or the provisions of the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) as \napplied by this Act, the State Government may by order, make such provision or give \nsuch direction, as may appear to it to be necessary for removal of the difficulty : \n \nThe Schedule \n \n[See Section 2] \n \nModifications and Exceptions in the Chota Nagpur Tenancy Act, 1908 \n \n>\n\n \n   \n \n(b) In clause (xxx) after the  figures \"1793\", the \nwords, figures and brackets \"and in relation to the \nareas comprised within the Sub-division of \nSeraikela and Kharsawan in the district of \nSinghbhum, means the  record-of-rights, as \nprepared and fi nally published under any law \nwhich was in fo rce in the said areas immediately \nbefore the commencement of the Se raikela and \nKharsawan (Laws) Act, 1951\" shall be added. \n2 Section \n24 \nThe following Proviso shall be added:- \n \n\"Provided that no rent shall be payable by a Raiyat \nin the sub-division of Se raikela and Kharsawan of \nthe district of Sin ghbhum for his holdings used as \nfruit groves, threshing-floors and manure-pits\". \n3 Section \n36 \n(a) In sub-section (1) after the words and figures \n \n\"under Section 29\" the words, brackets and figures \n\"or by order of a competent authority passed under \nany law which was in fo rce in the sub-division of \nSeraikala and Kharsawan of the  district of \nSinghbhum immediately before the \ncommencement of the Seraikela and Kharsawan \n(Laws) Act, 1951 \", shall be inserted. \n \n(b) In sub-section (2), after the words and figures \n\"under Section 35\" the words, brackets and figures \n\"or by order of a competent authority passed under \nany law which was in fo rce in the sub-division of \nSeraikela and Kharsawan of the  district of \nSinghbhum immediately before the \ncommencement of the Seraikela and Kharsawan \n(Laws) Act, 1951\" shall be inserted. \n4 Section \n46 \nIn sub-section (5), for the words \"except the district \nof Manbhum\", the  words \"except the district of \nManbhum and the  sub-division of  Seraikela and \nKharsawan of the  district of Sin ghbhum\" shall be \nsubstituted, and after the  words \"in the district of \nManbhum\" the words and figures \"or before the \n22nd day of December, 1947, in the sub-divisions \nof Seraikela and Kh arsawan of the  district of \nSinghbhum\" shall be added. \n5 Section After the words and figures \"Section 61\" the \n\n \n 62 words, figures and brackets \"or in the case of areas \ncomprised within the sub-division of Seraikela and \nKharsawan of the district of Singhbhum under any \nlaw which w as in f orce in the said areas \nimmediately before the commencement of  the \nSeraikela and Kharsawan (Laws) Act, 195 1''shall \nbe inserted. \n6 Section \n63 \nAfter sub-section (2), the following sub-section \nshall be inserted, namely:- \n \n\"(2-a) All stipulations and reservations for payment \nto a landlord of his agent of any sum by any tenant \nin any area within the sub-division of Seraikela and \nKharsawan of the district of Singhbhum in excess \nof what is entered in the record-of-rights prepared \nand published under any law which was in force in \nthe s aid a rea immediately before the \ncommencement of  the Seraikela and Kharsawan \n(Laws) Act, 1951, shall be void.\" \n7 Section \n64 \nTo the  Proviso to sub-section ( 1), the  following \nwords, figures and brackets shall be added, namely \n \n\"Or, in the case of a cultivator in the sub-division \nof Seraikela and Kh arsawan of the  district of \nSinghbhum, he was entitled on the d ate of \ncommencement of the Seraikela and Kharsawan \n(Laws) Act, 1951, by virtue of any entry in the \nrecord-of-rights or any local custom or us age or \nunder any provision of law in force immediately \nbefore such commencement to convert such land \ninto Korkar without the consent of the landlord\". \n8 Section \n77 \nThe following Proviso shall be added, namely :- \n \n\"Provided that in a ny area comprised within the \nsub-division of Se raikela and Kh arsawan of the \ndistrict of Singhbhum, the incidents of such tenure \nor holding shall continue  to be regulated in \naccordance with the provisions of any law in force \nimmediately before the commencement of  the \nSeraikela and Kharsawan (Laws) Act, 1951.\" \n9 Section \n79-A \n(a) In sub-section (1), after the words, figures and \nbrackets \"the Chota Nagpur Tenancy (Amendment) \nAct, 1938\", the  words, f igures and brackets \"or in \nthe case of such contract in the sub-division of \n\n \n  Seraikela and Kharsawan of the  district of \nSinghbhum made before or  after t he \ncommencement of the Seraikela and Kharsawan \n(Laws) Act, 1951\", shall be inserted. \n \n(b) In sub -section ( 2) aft er the  words \"came into \nforce\" the words, f igures and b rackets \"or as the \ncase may be before the date on which the Seraikela \nand Kharsawan (Laws) Act, 1951, came into force\" \nshall be inserted. \n10 Section \n79-B \nAfter the words \" came i nto fo rce\", the words, \nfigures and  brackets for  in the case of su ch \ncontracts in the sub -division of S eraikela and \nKharsawan of the  district of Sin ghbhum made \nbefore or after the commencement of the Seraikela \nand Kh arsawan (Laws) Act, 1951 \", s hall be \ninserted. \n11 Section \n118 \nIn clause (b) of  sub-section ( 1) after the  words \n\"Ranchi and Manbhum\", the words \"and the su b- \ndivision of Seraikela and Kharsawan of the district \nof Singhbhum\" shall be inserted and after t he \nwords and figures \"the Chota Nagpur Tenures Act, \n1869\", the words \"and lands which are known as \nKhas Nij jiote or ni j-chas in the sub-division of \nSeraikela and Kharsawan of the  district of \nSinghbhum\" shall be added.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 275
        }
    ],
    "metadata": {
        "Act ID": "19086",
        "Act Number": "6",
        "Enactment Date": "1908-11-11",
        "Act Year": "1908",
        "Short Title": "The Chota Nagpur Tenancy Act, 1908",
        "Long Title": "The Chota Nagpur Tenancy Act, 1908",
        "Department": "REVENUE & LAND REFORMS DEPARTMENT",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:52:32"
}