CHOTA NAGPUR TENURE-HOLDER'S RENT ACCOUNT ACT, 1929

{
    "id": 447,
    "slug": "chota-nagpur-tenure-holder-s-rent-account-act-1929",
    "title": "CHOTA NAGPUR TENURE-HOLDER'S RENT ACCOUNT ACT, 1929",
    "short_title": "Chota Nagpur Tenure-Holder's Rent Account Act, 1929",
    "act_number": "1",
    "act_year": 1929,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "valid",
    "enactment_date": "1929-05-18",
    "description": "Chota Nagpur Tenure-Holder's Rent Account Act, 1929",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "An ACT",
            "chapter": null,
            "content": "An Act to protect the interest of sharers in permanent tenures\nfrom sale by reason of the default of their co-sharers.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "Preamble / introductory recital",
            "chapter": null,
            "content": "Whereas it is expedient to give to certain share holders\nin permanent tenures the means of protecting their shares from sale\nby reason of the failure of their co-sharers to pay rent of the tenure;\n\nIt is hereby enacted as follows:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "1",
            "title": "Section 1. Short title",
            "chapter": null,
            "content": "1. Short title. This act may be called the Chota Nagpur Tenure\nHolders' Rent Account Act, 1929.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "2",
            "title": "Section 2. Extent",
            "chapter": null,
            "content": "2. Extent.- It extends to those areas of the Chota Nagpur Division in\nwhich the Chota Nagpur Tenancy Act, 1908¹, is for the time being in\nforce.",
            "footnote": "Chota Nagpur Tenancy Act, 1908",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "3",
            "title": "Section 3. Commencement",
            "chapter": null,
            "content": "3. Commencement.- It shall come into operation only on such date\nand subject to such exceptions and modifications, if any, as the 2\n[State] Government may by notification direct.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "4",
            "title": "Section 4. Definitions",
            "chapter": null,
            "content": "4. Definitions.- In this Act, unless there is anything repugnant in the\nsubject or context,-",
            "footnote": "",
            "is_definition": true,
            "sort_order": 50
        },
        {
            "number": "4",
            "title": "Section 4(a)",
            "chapter": null,
            "content": "3(a) 'registered co-sharer' means a co-sharer in a tenure whose\nname has been registered in the office of the landlord under Section\n11 of the Chota Nagpur Tenancy Act, 1908, or who is deemed to be\nregistered under section 12 of the said Act;",
            "footnote": "Chota Nagpur Tenancy Act, 1908",
            "is_definition": true,
            "sort_order": 60
        },
        {
            "number": "4",
            "title": "Section 4(b)",
            "chapter": null,
            "content": "(b) resumable tenure' means a tenure which is held subject to\nthe condition that it shall lapse to estate of the grantor and be\nresumable by him on failure of male heirs of the body of original grantee\nor on the happening of any other definite contingency;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 70
        },
        {
            "number": "4",
            "title": "Section 4(c)",
            "chapter": null,
            "content": "(c) Words and expressions’ use in this Act and not otherwise\r\ndefined have the same meanings respectively as in the Chota Nagpur\r\nTenancy Act, 1908.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 80
        },
        {
            "number": "5",
            "title": "Section 5(1). Application by a registered co-sharer for separate account of a fractional share",
            "chapter": null,
            "content": "application by co-sharer in permanent tenure.- (1) Registered coshare holding any share in a permanent (including resemble) renure may aaply to the Deputy Commissioner for an order that the landlord shall open a separate account of the rent payable in respect of his share.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "5",
            "title": "Section 5(2)",
            "chapter": null,
            "content": "An application under sub-section (1) may be made by any number\r\nof co-sharers, each specifying in the application his share in the\r\ntenure in respect of which separate account is required to be\r\nopened; and the provisions of sections 140 and 141 of the Chota\r\nNagpur Tenancy Act, 1908, shall apply to such collective application.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 111
        },
        {
            "number": "6",
            "title": "Section 6(1)",
            "chapter": null,
            "content": "(1) On receipt of the application the Deputy Commissioner shall\r\nrequire the landlord of the tenure concerned to furnish within three\r\nmonths a list of all registered co-sharers in the said tenures.\r\n",
            "footnote": "",
            "is_definition": false,
            "sort_order": 121
        },
        {
            "number": "6",
            "title": "Section 6(2)",
            "chapter": null,
            "content": "(2) On receipt of such list the Deputy Commissioner shall fix a date\r\nfor hearing the application, and cause notice of the application and\r\nof the date fixed for the hearing thereof to be served on the landlord\r\nand on each of the registered co-sharers of the aforesaid tenure and\r\nto be published in such places and in such manner as may be\r\nprescribed by rules made under this Act.\r\n",
            "footnote": "",
            "is_definition": false,
            "sort_order": 131
        },
        {
            "number": "7",
            "title": "Section 7. Objection by interested person",
            "chapter": null,
            "content": "7. Objection by Interested person .- On the date fixed, or on\r\nany subsequent date permitted by the Deputy Commissioner, any\r\nperson claiming to have an interest which will be affected by the\r\ngrant of the application may present an objection to the Deputy\r\nCommissioner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 151
        },
        {
            "number": "8",
            "title": "Section 8. Inquiry by Deputy commisioner",
            "chapter": null,
            "content": "Inquiry by Deputy Commissioner.- (1) The Deputy Commissioner, after hearing the application and considering any objections that have been made, and after such further inquiry as he deems necessary may 1[subject to the provisions of sub-Section (1-a) make an order declaring the rent payable in respect of the 2[share of the applicant].",
            "footnote": "",
            "is_definition": false,
            "sort_order": 161
        },
        {
            "number": "8",
            "title": "Section 8(1-a)",
            "chapter": null,
            "content": "[(1-a) The amount which may be declared under sub-section\r\n(1) as rent payable in respect of the share of the applicant in the\r\ntenure shall bear to the total rent payable in respect of the tenure\r\nthe same proportion as the annual value of the assets comprised in\r\nsuch share last determined under Cess Act, 1880, bears to the annual\r\nvalue of the assets comprised in tenure determined as aforesaid.]\r\n",
            "footnote": "",
            "is_definition": false,
            "sort_order": 171
        },
        {
            "number": "8",
            "title": "Section 8(2)",
            "chapter": null,
            "content": "(2) Such order shall take effect from the Commencement of the\r\nagricultural year next following. ",
            "footnote": "",
            "is_definition": false,
            "sort_order": 181
        },
        {
            "number": "8",
            "title": "Section 8(3)",
            "chapter": null,
            "content": "(3) If on hearing any objection the Deputy Commissioner is of\r\nopinion that no order can be passed without the determination of a\r\nquestion of title, he may stop the proceeding and refer the parties to the Civil Court for a decision on such question",
            "footnote": "",
            "is_definition": false,
            "sort_order": 182
        },
        {
            "number": "8",
            "title": "Section 8(4)",
            "chapter": null,
            "content": "(4) The costs of any inquiry held under-section (1) and the costs\r\nof the hearing of the application shall be borne by the applicant for a separate account unless the Deputy Commissioner directs that such costs shall borne by any other party to the proceedings, or partly by such other party any partly by the applicant or separate account.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 183
        },
        {
            "number": "9",
            "title": "Section 9. Appeal",
            "chapter": null,
            "content": " (1) Any person aggrieved by an order of the Deputy Commissioner passed under 3[* * *] section 8 may appeal within one month to the prescribed authority].\r\n\r\n(2) The order of 4[the prescribed authority] on any appeal, or,\r\nin the absence of an appeal, the order of the Deputy Commissioner,\r\nshall be final 5[for the purposes of the Act, buy shall not affect any\r\nquestion of title.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 193
        },
        {
            "number": "10",
            "title": "Section 10. Effect of order under section 8 or section 9",
            "chapter": null,
            "content": " When an order is passed by the Commissioner under sub-section (1) or by\r\n4[the prescribed authority] under section9, the landlord shall, from\r\nthe date on which the order takes effect, upon a separate account in\r\nthe name of the applicant for a separate account.\r\n",
            "footnote": "",
            "is_definition": false,
            "sort_order": 213
        },
        {
            "number": "11",
            "title": "Section 11. Fees payable to landlord",
            "chapter": null,
            "content": "1) When any separate account has been opened, the landlord shall be entitled to levy -\r\n(a) a registration fee of two per centum on the annual rent of the share in respect of which such account has been opened; and .\r\n(b) annual fee for the maintenance of additional establishment at the rate mentioned in clause (a) :\r\nProvided that no fee payable under clause (a) or clause (2) shall be\r\nless than one rupee.\r\n\r\n(2) Any amount which is payable under this section shall be\r\nrecoverable as if it were rent.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 223
        },
        {
            "number": "12",
            "title": "Section 12. Exclusion of share covered by separate account from sale.-",
            "chapter": null,
            "content": "When the holder of a separate account has paid of the rent due in\r\nrespect of his share of 1[a tenure for which such account has been\r\nopened under this Act, the landlord shall, in execution of a decree or\r\ncertificate for arrears of rent due in respect of the tenure, exclude\r\nsuch share from his application for sale and such share shall not be\r\nincluded in the notice of sale issued under section 208 of the Chota\r\nNagpur Tenancy Act, 1908 or in the proclamation of sale issued in\r\nexecution of the certificate, as the case may be. ",
            "footnote": "",
            "is_definition": false,
            "sort_order": 233
        },
        {
            "number": "13",
            "title": "Section 13. Entire tenure when liable to sale",
            "chapter": null,
            "content": " If highest offer for the share exposed to sale under section 12 shall be less than the sale amount of rent due there from to the date of sale, the officer incharge shall stop the sale and shall, on the petition of the landlord, declare, the entire will be put up to sale for arrears of rent at a future date to be specified, notice notice of which shall be given to each of\r\nthe registered co-sharers. ",
            "footnote": "",
            "is_definition": false,
            "sort_order": 243
        },
        {
            "number": "14",
            "title": "Section 14. Sale of entire tenure",
            "chapter": null,
            "content": "If the amount necessary to prevent the sale is not paid into Court the entire tenure shall be sold on the date specified under section 13.\r\n",
            "footnote": "",
            "is_definition": false,
            "sort_order": 263
        },
        {
            "number": "15",
            "title": "Section 15. Application of Chota Nagpur Tenancy Act, 1908",
            "chapter": null,
            "content": "15. Application of Chota Nagpur Tenancy Act, 1908.- All the \nprovision of the chota Nagpur Tenancy Act, 1908 relating to the sale \nof tenures in execution of a decree or a certificates for arrears of \nrent, shall, subject to the provisions of this Act, apply to the sale of \ntenures under this Act, and all other provisions of the Chota Nagpur \nTenancy Act, 1908, which are not inconsistent with the provisions of \nthis Act, shall apply to tenures referred to in this Act.",
            "footnote": "Chota Nagpur Tenancy Act, 1908",
            "is_definition": false,
            "sort_order": 273
        },
        {
            "number": "16",
            "title": "Section 16. Penalty for failure to furnish list of co-sharers",
            "chapter": null,
            "content": "16. Penalty for failure to furnish list of co-sharers.- Any \nlandlord who, on being required to do so by the Deputy \nCommissioner under section 6, refuses or without reasonable cause \nneglects to furnish list of co-charers of a tenure in due time, shall be \npunishable with fine which may extend to fifty rupees, and with a \nfurther fine which may extend to five rupees for each day after \nconviction during which the default continues.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 283
        },
        {
            "number": "17",
            "title": "Section 17. Power to make rules",
            "chapter": null,
            "content": "17. Power to make rules.- (1) The Board of Revenue may make \nrules for carrying out the purposes of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 293
        },
        {
            "number": "17",
            "title": "Section 17(2)",
            "chapter": null,
            "content": "(2) In particular and without prejudice to the generality of sub-\nsection (1), the Board of Revenue may make rules prescribing-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 303
        },
        {
            "number": "17",
            "title": "Section 17(2)(a)",
            "chapter": null,
            "content": "(a) The form and contents of any application, notice or objection \nunder this Act;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 313
        },
        {
            "number": "17",
            "title": "Section 17(2)(b)",
            "chapter": null,
            "content": "(b) The manner and place of service of notice under section 6; and",
            "footnote": "",
            "is_definition": false,
            "sort_order": 323
        },
        {
            "number": "17",
            "title": "Section 17(2)(c)",
            "chapter": null,
            "content": "(c) The procedure to be followed by the Deputy Commissioner in \r\nmaking inquiries under sub-section (1) of section 8.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 333
        }
    ],
    "metadata": {
        "Act ID": "192901",
        "Act Number": "1",
        "Enactment Date": "1929-05-18",
        "Act Year": "1929",
        "Short Title": "Chota Nagpur Tenure-Holder's Rent Account Act, 1929",
        "Department": "BOARD OF REVENUE",
        "Type": "STATE",
        "Location": "Chota Nagpur Division"
    },
    "updated_at": "2026-09-29 21:55:17"
}