Act No. 8 of 1885
14th March, 1885
An Act to amend and consolidate certain enactments relating to the Law of Landlord and Tenant within the territories under the administration of the Lieutenant-Governor of Bengal.
(1) This Act may be called the Bihar Tenancy Act, 1885.
(2) Commencement.-- It shall come into force on such date (hereinafter called the commencement of this Act) as the State Government with the previous sanction of the Central Government may, by notification in the Official Gazette, appoint in this behalf.
(3) Local extent.-- It shall extend to the whole of the State of Bihar except--
The enactments specified in Schedule I hereto annexed are repealed in the districts to which this Act extends.
(2) Any enactment or document referring to any enactment hereby repealed shall be construed to refer to this Act or to the corresponding portion hereof.
The repeal of any enactment by this Act shall not revive any right, privilege, matter or thing not in force or existing at the commencement of this Act.
In this Act, unless there is something repugnant in the subject or context--
There shall be, for the purpose of this Act, the following classes of tenants, (namely):--
and the following classes of raiyats (namely):--
(1) "Tenure-holder" means primarily a person who has acquired from a proprietor or from another tenureholder a right to hold for the purpose of collecting rents or bringing it under cultivation by establishing tenants on it, and includes also the successors in interest of persons who have acquired such a right.
(2) "Raiyat" means primarily a person who has acquired a right to hold land for the purpose of cultivating it by himself, or by members of his family or by hired servants, or with the aid of partners, and includes also the successors in interest of persons who have acquired such a right.
Explanation.--Where a tenant of land has the right to bring it under cultivation, he shall be deemed to have acquired a right to hold it for the purpose of cultivation, notwithstanding that he uses it for purpose of gathering the produce of it or of grazing cattle on it.
(3) A person shall not be deemed to be a raiyat unless he holds land either immediately under a proprietor or immediately under a tenure holder.
(4) In determining whether a tenant is a tenure-holder or a raiyat, the Court shall have regard to-- (a) local custom; and (b) the purpose for which the right of tenancy was originally acquired.
(5) Where the area held by tenant exceeds one hundred standard bighas, the tenant shall be presumed to be a tenure holder until the contrary is shown.
Where a tenure has been held from the time of the Permanent Settlement, its rent shall not be liable to enhancement except on proof--
(1) Where the rent of a tenure holder is liable to enhancement, it may, subject to any contract between the parties be enhanced up to the limit of the customary rate payable by persons holding similar tenures in the vicinity.
(2) Where no such customary rate exists, it may, subject as aforesaid, be enhanced up to such limit as the Court thinks fair and equitable.
(3) In determining what is fair and equitable, the Court shall not leave to the tenure-holder as profit less than 10 per centum of the balance which remains after deducting from the gross rents payable to him the expenses of collecting them and shall have regard to--
(4) If the tenure-holder himself occupies any portion of the land included in the area of his tenure, or has made a grant of any portion of the land either rent-free or at a beneficial rent, a fair and equitable rent shall be calculated for that portion and included in the gross rents aforesaid.
The Court may, if it thinks that an immediate increase of rent would produce hardship, direct that the enhancement shall be gradual; that is to say, that the rent shall increase yearly by degrees, for any number of years, not exceeding five unitl the limit of the enhancement allowed has been reached.
When the rent of a tenure-holder has been enhanced by the Court or by contract, it shall not be again enhanced by the Court during the fifteen years next following the date on which it has been so enhanced.
A holder of permanent tenure shall not be ejected by his landlord except on the ground that he has broken a condition on breach of which he is, under the terms of a contract between him and his landlord, liable to be ejected:
Provided that where the contract is made after the commencement of this Act, the condition is consistent with the provisions of this Act.
Every permanent tenure shall, subject to the provisions of this Act, be capable of being transferred and bequeathed in the same manner and to the same extent as other immovable property.
(1) A transfer of a permanent tenure by sale, gift, exchange or mortgage (other than a transfer by a sale in execution of a decree or by summary sale under any law relating to patni or other tenures) can be made only by a registered instrument.
(2) A registering officer shall not register any instrument purporting or operating to transfer by sale, gift, exchange or usufructuary mortgage a permanent tenure unless there is paid to him in addition to any fee payable under the law for the time being in force for the registration of documents, a process-fee of the prescribed amount and a fee (hereinafter called the landlord's registration fee) together with the costs necessary for the transmission of the landlord's registration fee to the landlord.
(3) The landlord's registration fee shall be,--
(4) When the registration of any such instrument is complete, the registration officer shall send to the Collector the landlord's registration fee, the costs necessary for the transmission of the same and a notice of the transfer and registration in the prescribed form and the Collector shall cause the fee to be transmitted to, and the notice to be served on, the landlord named in the notice in the prescribed manner.
(1) When a permanent tenure is sold in execution of a decree other than a decree for arrears of rent due in respect thereof, or when a mortgage of a permanent tenure, other than an usufructuary mortgage thereof, is foreclosed, the Court shall before confirming the sale under rule 92 of Order XXI of the Code of Civil Procedure. 1908 (5 of 1908) or making a decree or order absolute for the foreclosure, require the purchaser or mortgagee to pay into Court the landlord's registration fee prescribed by the last foregoing section together with the costs necessary for its transmission to the landlord and such further fee for service of notice of the sale of final foreclosure on the landlord as may be prescribed.
(2) When the sale has been confirmed, or the decree or order absolute for the foreclosure has been made, the Court shall send to the Collector the landlord's registration fee, the costs necessary for the transmission of the same and a notice of the same or final foreclosure in the prescribed form, and the Collector shall cause the fee to be transmitted to, and the notice to be served on, the landlord named in the notice in the prescribed manner.
Rep. by the Bengal Tenancy (Amendment) Act, 1907 (Ben Act 1 of 1907).
When a succession to a permanent tenure takes place, the person succeeding shall within one year from the date of such succession give notice of the succession to the Collector in the prescribed form and shall pay to the Collector the prescribed fee for the service of the notice on the landlord and the landlord's registration fee prescribed by sub-section (3)(a) of section 12, together with the costs necessary for its transmission to the landlord and the Collector shall cause the landlord's registration fee So be transmitted to, and the notice to be served, on the landlord named in the notice in the prescribed manner.
(1) If the person succeeding to a permanent tenure fails to give notice of such succession within the period specified in section 15 and to pay the fees and cost required by the said section to be paid, the Collector may, on the application of the landlord of the tenure, impose on such person a penalty not exceeding twenty-five rupees.
(2) The Collector may award any portion of such penalty to the landlord of the tenure as costs of the application.
A person becoming entitled to a permanent tenure by succession shall not be entitled to recovery by suit, distraint or other proceeding any rent, payable to him as the holder of the tenure, until the Collector has received the notice, fees and costs referred to in the last foregoing section.
Subject to the provisions of section 88A, the foregoing sections shall apply to the transfer of, or succession to, a share in a permanent tenure.
A raiyat holding at a rent, or rate of rent, fixed in perpetuity--
Nothing contained in any instrument of transfer to which the landlord is not a party shall be evidence against the landlord of the permanence, amount or fixity of rent, area, transferability or any incident of any tenure or holding referred to in such instrument.
The acceptance by a landlord of any landlord's registration fee payable under Chapter III, Chapter IV or Chapter V in respect of any tenure or holding shall not operate--
All landlord's registration fee paid under Chapter III, Chapter IV or Chapter V which are held in deposit on or after the commencement of the Bengal Tenancy (Amendment) Act, 1907 (Ben. Act 1 of 1907) may, unless accepted or claimed by the landlord within three years from such commencement or from the date of the service of the notice prescribed in section 12, section 13 or section 15 (as the case may be), whichever is later, be forfeited to the Government.
(1) Every raiyat who, immediately before the commencement of this Act or the Bengal Tenancy (Amendment) Act, 1907 (Ben. Act 1 of 1907) has by the operation of any enactment, by customs, or otherwise, a right of occupancy in any land, shall when this Act or the Bengal Tenancy (Amendment) Act, 1907 (Ben. Act 1 of 1907) comes into force, have a right of occupancy in that land.
(2) The exclusion from the operation of this Act, by a notification under sub-section (3) of section 1, of any area constituted or deemed to have been constituted a municipality under the provisions of the Bihar and Orissa Municipal Act, 1922 B. and O. Act 7 of 1922) or of any part of such area shall not affect any right, obligation or liability previously acquired, incurred or accrued in reference to such area.
(1) Every person who, for a period of twelve years, whether wholly or partly before or after the commencement of this Act, has continuously held as a raiyati land situate in any village, whether under a lease or otherwise, shall be deemed to have become, on the expiration of that period, a settled raiyat of that village.
(2) A person shall be deemed, for the purposes of this section, to have continuously held land in a village notwithstanding that the particular land held by him has been different at different times.
(3) A person shall be deemed, for the purposes of this section, to have held as a raiyat any land held as a raiyat by a person whose heir he is.
(4) Land held by two or more co-sharers as a raiyati holding shall he deemed, for the purposes of this section, to have been held as a raiyat by each such co-sharer.
(5) A person shall continue to be a settled raiyat of a village as long as he holds any land as a raiyat in that village and for one year thereafter.
(6) If a raiyat recovers possession of land under section 87, he shall be deemed to have continued to be a settled raiyat notwithstanding his having been out of possession more than a year.
(7) If in any proceeding under this Act, it is proved or admitted that a person holds any land as a raiyat, it shall, as between him and the landlord under whom he holds the land, be presumed, for the purposes of this section, until the contrary is proved or admitted, that he has for twelve years continuously held the land or some part of it as a raiyat.
(1) Every person who is a settled raiyat of a village within the meaning of the last foregoing section shall have a right of occupancy in all land for the time being held by him as a raiyat in that village.
(2) Every person who, being a settled raiyat of a village within the meaning of the last foregoing section, held land as a raiyat in that village ait any time between the second day of March, 1983, and the commencement of this Act shall be deemed to have acquired a right of occupancy in that land under the law then in force; but nothing in this sub-section shall affect any decree or order passed by a Court before the commencement of this Act.
(1) Every person, irrespective of whether he is a settled raiyat of a village or not, shall have a right of occupancy in all land for the time being held by him as a raiyat in that village:
Provided that no person who is not a settled raiyat of a village shall have any such right of occupancy in any bakasht land settled with him by a proprietor or tenure holder whose total acreage of such land in his possession at the date of settlement does not exceed forty acres unless such settlement has been made by a registered instrument:
Provided further that in the case of the said proprietor or tenure-holder, the provisions of this section shall have no effect until after the expiration of six months from the date of the commencement of the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of 1947).
(2) In settling his bakasht land, the proprietor or tenure holder, as the case may be--
(3) If in consideration of settling any bakasht land, a proprietor, tenure holder or his agent receives from the person with whom the settlement is made any sum of money or anything in excess of the rent and salami payable by such person under sub-section (2) or if any such proprietor, tenure holder or his agent settles any bakasht land with a person who is not entitled to take settlement under that sub-section, he shall be deemed to have committed an offence under section 75 and he shall be liable to the penalty laid down therein for illegal exaction by landlord or his agent.
Explanation.--For the purposes of this section,-- (i) the expression "bakasht land" means any land other than the proprietor's private land as defined in section 120, which is for the time being in the cultivating possession of a proprietor or tenure-holder; (ii) one village shall be treated to be adjacent to another when the boundaries of the two coincide at one or more points
(1) When the immediate landlord of an occupancy-holding is a proprietor or permanent tenure holder, and the entire interests of the Landlord and the raiyat in the holding become united in the same person by transfer, succession or otherwise, such person shall have no right to hold the land as a tenant, but shall hold it as a proprietor or permanent tenure-holder (as the case may be) but nothing in this sub-section shall prejudicially affect the rights of any third person.
(2) If the occupancy right in land is transferred to a person jointly interested in the land as proprietor or permanent tenure-holder he shall be entitled to hold the land subject to the payment to his co-proprietors or joint permanent tenure-holders of the shares of the rent which may be from time to time payable to them; and if such transferee sub-lets the land to a third person, such third person shall be deemed to be a tenure-holder or a raiyat, as the case may be in, respect of the land.
(3) A person holding land as an ijaradar of farmer of rents shall not while so holding acquire, by purchase or otherwise, a right of occupancy in any land comprised in his ijara or farm.
Explanation.--A person having a right of occupancy in land does not lose it by subsequently becoming jointly interested in the land as proprietor or permanent tenure-holder, or by subsequently holding the land in ijara or farm.
(1) When a raiyat has a right of occupancy in respect of any land, he may use the land in any manner which does not materially impair the value of the land or render it unfit for the purposes of the tenancy [except as provided in sub-section (4)].
(2) The following shall not be deemed to impair the value of the land materially or to render it unfit for the purpose of the tenancy, namely:--
(3) If an occupancy raiyat, who pays for his holding rent in any of the ways specified in sub-section (1) of section 40, excavates a tank on such holding for any purpose mentioned in clause (b) of sub-section (2) the landlord and the raiyat shall be entitled to equal shares in the produce of such tank.
(4) A raiyat may, with the previous permission of the Collector, use his land for the purposes not enumerated in sub-section (2): Provided that before giving such permission the Collector shall redetermine the rent of such land in the prescribed manner to the extent of five per cent of the market value of the land: Provided further that if a raiyat has not taken prior permission of the Collector, the Collector may give post facto permission on payment of double amount of the rent which he would have paid for obtaining prior permission, for the period between the date of commencement of use for purposes other than those enumerated in sub-section (2) and the date of application or detection, as the case may be: Provided also that if a raiyat has been using his land for purpose other than those enumerated in sub-section (2), from before the commencement of this Act, he shall apply within 90 days of the date of commencement of this Act for permission to the Collector who on receipt of such application shall proceed in such manner as if the above use had started on the date of commencement of this Act. If the raiyat fails to do so, he shall be liable for payment of double amount of the rent which he would have been liable to pay, had he applied in time for the period between the date of commencement of this Act and the date of application or detection as the case may be: Provided further also that the Collector shall have the power to revise the rent so determined after every ten years.
5. (a) An appeal against an order passed under this section shell lie within a period of 30 days from the date of such order-- (i) If such order is passed by an officer other than the Collector of a district, to the Collector of the district or to any Officer specially empowered by the State Government by notification to hear such appeals, and (ii) If such order is passed by the Collector of a district, to the prescribed authority. (b) The Collector of the district may, at any time, transfer any appeal filed before him to any officer specially empowered to hear such appeals or withdraw any appeal pending before any officer so empowered, and either hear such appeal himself or transfer it for disposal to any other officer so empowered. (c) Appeals under this section shall be heard and disposed of in accordance with the prescribed procedure.
Notwithstanding anything contained in section 23, when a raiyat has a right of occupancy in respect of any and--
An occupancy raiyat shall pay rent for his holding at fair and equitable rates.
An occupancy raiyat shall not be ejected by his landlord from his holding, except in execution of a decree for ejectment passed on the ground--
(1) When an occupancy holding has been the subject of partition by an order of a Court or otherwise-- (a) the division of the said holding made in accordance with such partition shall be binding on the landlord; (b) if notice in writing of the partition and the distribution of the rent has been served on the landlord in the prescribed form and in the prescribed manner, such distribution of the rent shall be binding on the landlord: Provided that the landlord may, if he objects to such distribution make an application to the Collector for the distribution of the rent, of the holding.
(2) When an occupancy holding has been the subject of a partition by an order of a Court or otherwise, if the parties to the partition are unable to distribute the rent of the holding by agreement, any of them may apply to the Collector to distribute the rent of the holding.
(3) (a) On receipt of an application under the proviso to clause (b) of sub-section (1) or under sub-section (2), the Collector shall serve on the parties interested, other than the applicant, a notice of the date on which he intends to hear the application. Explanation.--For the purposes of this clause, the landlord shall be deemed to be a party interested in an application under sub-section (2). (b) After serving the notice required by clause (a) and hearing the parties and holding such enquiry as he thinks fit, the Collector shall distribute the rent of the holding in such manner as he considers fit and equitable and his decision shall be final.
(4) The order of the Collector under sub-section (3) shall take effect, on an application under the proviso to clause (b) of sub section (1), from the date of the partition, and, on an application under sub-section (2), from such date as the Collector may specify in his order.
(5) The Collector shall have the power to award costs to any party to any proceeding under this section, and any sum ordered to be paid as costs shall be recoverable from the party by whom it is payable as a public demand.
(6) Nothing in this section shall apply to a portion of an occupancy-holding made by an order of a Court or otherwise between the transferor and the transferee of a share in, or a portion of, such holding, or between persons to whom the entire holding has been transferred whether jointly or separately, and any distribution of the rent of holding, as settled on such partition, between the transferor and the transferee, or between persons to whom, the entire holdings has been transferred as aforesaid, shall not be binding on the landlord save in accordance with the provisions of section 88A.
If a raiyat dies intestate in respect of a right of occupancy, it shall, subject to any custom to the contrary, descend in the same manner as other immovable property: provided that, in any case in which under the law of inheritance to which the raiyat is subject his other property goes to the Government his right of occupancy shall be extinguished.
(1) Every occupancy-holding or a portion thereof, together with the right of occupancy therein, shall be capable of being transferred and bequeathed in the same manner and to the same extent as other immovable property, and all transfers made by sale, exchange or gift and all bequests shall, subject to the provisions of sub-section (2), be binding on the landlord.
(2) Every transfer of an occupancy-holding or a portion thereof together with the right of occupancy therein, by sale, exchange or gift and every bequest of such holding or portion, together with the right of occupancy therein, shall be made in the same manner and subject to the same conditions as a permanent tenure in respect of registration and the payment of landlord's registration fee.
If a person who became entitled to an occupancy-holding or a portion thereof by transfer at any time before the date of the commencement of the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938), has not given to the landlord notice of the transfer nor paid the landlord's transfer fee payable under the law in force immediately before the date of the commencement of the said Act, he may at any time after the said date give notice of the transfer to the Collector in the prescribed form, and pay to the Collector the prescribed fee for the service of the notice on the landlord and the landlord's registration fee prescribed by section 12 as if such holding or portion were a permanent tenure or a portion of a permanent tenure together with the costs necessary for its transmission to the landlord, and the Collector shall cause the notice to he served on, and the landlord's registration fee to be transmitted to the landlord named in the notice in the prescribed manner and such transfer shall thereupon be binding in the same manner and to the same extent as a transfer made after the date of the commencement of the said Act; Provided that if the transfer was made before the first day of January. 1923, it shall be binding on the landlord, and no notice shall he necessary and no landlord's registration fee shall be payable.
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938.)
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938).
The rent for the time being-payable by an occupancy raiyat shall be presumed to be fair and enquitable until the contrary is proved.
Where occupancy-raiyat pays his rent in money, his rent shall not be enhanced except as provided by this Act.
The money rent of an occupancy-raiyat may be enhanced by contract, subject to the following conditions:--
Provided as follows:-- (ii) Nothing in clause (b) shall apply to a contract by which a raiyat binds himself to pay an enhanced rent in consideration of an improvement which has been or is to be effected in respect of the holding by, or at the expense of, his landlord, and to the benefit of which the raiyat is not otherwise entitled; but an enhanced rent fixed by such a contract shall be payable only when the improvement has been effected, and, except when the raiyat is chargeable with default in respect of the improvement, only so long as the improvement exists and substantially produces its estimated effect in respect of the holding.
The landlord of a holding held at a money-rent by an occupancy-raiyat may, subject to the provisions of this Act, institute a suit to enhance the rent on one or more of the following grounds (namely):--
Explanation.--"Fluvial action" includes a change in the course of a river rendering irrigation from the river practicable when it was not previously practicable.
Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of 1947).
Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of 1947).
Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of 1947).
Where an enhancement is claimed on the ground of a rise in prices.--
(1) Where an enhancement is claimed on the ground of a landlord's improvement--
(2) A decree under this section shall on the application of the tenant or his successor in interest, be subject to reconsideration in the event of the improvement not producing or ceasing to produce the estimated effect.
Where an enhancement is claimed on the ground of an increase in productive powers due to fluvial action--
Notwithstanding anything in the foregoing section, the Court shall not in any case decree any enhancement which is under the circumstances of the case unfair or inequitable.
If the Court passing a decree for enhancement considers that the immediate enforcement of the decree in its full extent will be attended with hardship to the raiyat, it may direct that the enhancement shall be gradual; that is to say that the rent shall increase yearly by decrees for any number of years not exceeding five until the limit of the enhancement decreed has been reached.
(1) A suit instituted for the enhancement of the rent of a holding on the ground of a rise in prices, shall not be entertained if within the fifteen years next preceding its institution the rent of the holding has been enhanced by a contract made after the second day of March 1883 or if within the said period of fifteen years the rent has been commuted under section 40 or a decree has been passed under this Act or any enactment repealed by this Act enhancing the rent on the ground aforesaid or on any ground corresponding thereto or dismissing the suit on the merits.
(2) Nothing in this section shall affect the provisions of section 372 of the Code of Civil Procedure (14 of 1882).
(1) The Collector of every district shall prepare, monthly, or at shorter intervals, periodical lists of the market prices of staple food-crops-grown in such local areas as the State Government may from time to time direct, and shall submit them to the Board of Revenue for approval or revision.
(2) The Collector may, if so directed by the State Government prepare for any local area like price-lists relating to such past times as the State Government thinks fit, and shall submit the lists so prepared to the Board of Revenue for approval or revision.
(3) The Collector shall, one month before submitting a price-list to the Board of Revenue under this section, publish it in the prescribed manner within the local area to which it relates, and if any landlord or tenant of land within the local area, within the said period of one month, presents to him in writing any objection to the lists, he shall submit the same to the Board of Revenue with the list.
(4) The price-list shall, when approved or revised by the Board of Revenue, be published in the Official Gazette; and any manifest error in any such list discovered after its publication may be corrected by the Collector with the sanction of the Board of Revenue.
(5) The State Government shall cause to be complied from the periodical fists prepared under this section lists of the average prices prevailing throughout each year, and shall cause them to be published annually in the Official Gazette.
(6) In any proceedings for an enhancement or reduction of rent on the ground of a rise or fall in prices, the Court or the Collector, as the case may be, shall refer to the lists published under this section, and shall presume that the prices shown in the lists prepared for any year subsequent to the passing of this Act are correct and may presume that the prices shown in the lists prepared for any year prior to the passing of this Act are correct, unless and until it is proved that they are incorrect.
(7) The State Government shall make rules for determining what are to be deemed staple food-crops in any local area and for the guidance of officers preparing price-lists under this section.
(1) Where an occupancy raiyat pays for his holding rent in kind or rent at rates varying with the crop or partly in one of those ways and partly in other, or partly in the one or those ways and partly in cash, either the raiyat or his landlord may apply to have the rent commuted to money rent.
(2) The application may be made to the Collector or Subdivisional Officer, or to a Revenue officer appointed by the State Government under the designation of Settlement Officer or Assistant Settlement Officer for the purpose specially authorised in this behalf by the Board of Revenue.
(3) (a) If the landlord has applied under sub-section (1) and the raiyat object of the commutation of his rent to money rent, the officer shall examine the ground for the application and the objections thereto, and may accept or refuse the application as he thinks fit: Provided that if he refuses the application he shall record in writing his reasons for the refusal. (b) If an application of the landlord is accepted under sub-section (1) and the raiyat agrees to the commutation of his rent to a money rent, or if the raiyat has applied under sub-section (1), the officer shall determine the sum to be paid as money-rent and shall order that the raiyat shall, in lieu of paying his rent in kind, or otherwise as aforesaid, pay the sum so determined.
(4) In making the determination the officer shall have regard to-- (a) the average money-rent payable by occupancy raiyats for land of a similar description and with similar advantages in the vicinity: (b) the average value of the rent actually received by the landlord during the preceding ten years or during any shorter period for which evidence may be available: Provided that in dealing with application pending on the date on which the Bihar Tenancy (Second Amendment) Act, 1946, comes into force or applications which may be made on and from that date and until such period as may be fixed by notifications in this behalf by the State Government, the officer shall in making the determination have regard to the average value of the rent actually received by the landlord during the five years before the first day of Asin 1347 Fasli or for any shorter period before the said date for which evidence may be available; (c) the charges incurred by the landlord in respect of irrigation under the system of the rent in kind, and the arrangements made no commutation for continuing those charges; and (d) improvements effected by the landlord or by occupancy-raiyat in respect of the raiyat's holding, to the rules laid down in section 33 regarding enhancement of rent on the ground of a landlord's improvement.
(5) The order shall be in writing and shall state the ground on which it is made and the time from which it is to take effect.
(6) (a) An appeal shall lie from an order referred to in sub-section (5),-- (i) if such order is passed by any officer other than the Collector of a district, to the Collector of the district or to any officer specially empowered by the State Government by notification to hear such appeals; (ii) if such order is passed by the Collector of a district, to the prescribed authority; and the decision of the Collector of the district or of any officer so empowered or of the prescribed authority on any such appeal shall be final. (b) The Collector of the district may, at any time, transfer any appeal already filed before him to any officer specially empowered under sub-section (1) of clause (a) to hear such appeals, or withdraw any appeal pending before any officer so empowered, and either hear such appeal himself or transfer it for disposal to any other officer so empowered.
(7) Appeals under the section shall be heard and disposed of in accordance with the prescribed procedure.
(1) Where the rent of a holding has been commuted under section 40, it shall not except on the ground of a landlord's improvement or of a subsequent alteration of an area of the holding, be enhanced for fifteen years; nor shall it be reduced for fifteen years, save on the ground of alteration in the area of the holding or under clause (c) or (e) of sub-section (i) of section 112A.
(2) The said period of fifteen years shall be counted from the date on which the order takes effect under sub-section (5) of section 40.
(1) Where a raiyat has a right of occupancy in any land and the raiyat and the landlord have shares in the timber and in the flowers, fruits or other products of all trees or bamboos growing on such land in accordance with the provisions of clause (b) of section 23A, either the raiyat or his landlord may apply to the Collector to have the rent of such trees or bamboos commuted to money-rent.
(2) If an application is made under sub-section (I), the Collector shall deal with such application as if it were an application under section 40, and may pass such order thereon as he could have passed if it were an application under the said section.
(3) Notwithstanding anything contained in any law, if an order under sub-section (2) commuting the rent of any tree or bamboo into money rent is passed the landlord shall not be entitled to any share in the timber of such tree or bamboo and the raiyat shall be entitled to cut down and appropriate any such tree or bamboo without the consent of the landlord.
This Chapter shall apply to raiyat not having a right of occupancy, who are in this Act referred to as non-occupancy-raiyats.
When a non-occupancy-raiyat is admitted to the occupation of land, he shall become liable to pay such rent as may be agreed on between himself and his landlord at the time of his admission.
The rent of a non-occupancy-raiyat not to be enhanced except by registered agreement or by agreement under section 46: Provided that nothing in this section shall prevent a landlord from recovering rent at the rate at which it has been actually paid for a continuous period of not less than three years immediately preceding the period for which the rent is claimed.
A non-occupancy-raiyat shall, subject to the provisions of this Act, be liable to ejectment on one or more of the following grounds, and not otherwise (namely):--
Rep. by the Bengal Tenancy (Amendment) Act, 1907 (Ben. Act 1 of 1907).
(1) A suit for ejectment on the ground of refusal to agree to an enhancement of rent shall not be instituted against a non-occupancy raiyat unless the landlord has tendered to the raiyat an agreement to pay the enhanced rent, and the raiyat has within three months before the institution of the suit refused to execute the agreement.
(2) A landlord desiring to tender an agreement to a raiyat under this section may file it in the office of such Court or officer as the State Government appoints in this behalf for service on the raiyat. The Court or officer shall forthwith cause it to be served on the raiyat in the prescribed manner and when it has been so served, it shall for the purposes of this section be deemed to have been tendered.
(3) If a raiyat on whom an agreement has been served under sub-section (2) executes it, and within one month from the date of service tiles it in the office from which it issued it shall take effect from the commencement of the agricultural year next following.
(4) When an agreement has been executed and filed by a raiyat under sub-section (3), the Court or officer in whose office it is so filed shall forthwith cause a notice of its being so executed and filled to be served on the landlord in the prescribed manner.
(5) If the raiyat does not execute the agreement and file it under sub-section (3) he shall be deemed for the purposes of this section to have refused to execute it.
(6) If a raiyat refuses to execute an agreement tendered to him under this section, and the landlord thereupon institutes a suit to eject him, the Court shall determine what rent is fair and equitable for the holding.
(7) If the raiyat agrees to pay the rent so determined, he shall be entitled to remain in occupation of his holding at that rent for a term of five years from the date of the agreement, but on the expiration of that term shall be liable to ejectment under the conditions mentioned in the last foregoing section unless he has acquired a right of occupancy.
(8) If the raiyat does not agree to pay the rent so determined, the Court shall pass a decree for ejectment.
(9) In determining what rent is fair and equitable, the Court shall have regard to the rents generally paid by raiyat for land of a similar description and with like advantages in the same village.
(10) A decree for ejectment passed under this section shall take effect from the end of the agricultural year in which it is passed.
Where a raiyat has been in occupation of land a lease is executed with a view to a continuance of his occupation, he is not to be deemed to be admitted to occupation by that lease for the purposes of this chapter, notwithstanding that the lease may purport to admit him to occupation.
The landlord of an under-raiyat holding at a money-rent shall not be entitled to recover rent exceeding the rent which he himself pays by more than the following percentage of the same (namely):--
Provided that, where the land held by such under raiyat is a portion of the holding of such landlord; the rent calculated for the entire holding in the aforesaid manner shall be reduced in such proportion as the area of the land held by the under raiyat bears to the total area of the holding: Provided further that, if the lands comprised in such holding are of different qualities, the proportionate rent recoverable from the under raiyat shall be calculated in the prescribed manner.
When an under-raiyat pays for the land held by him rent in kind by division of the produce, the landlord under whom he holds that land shall not be entitled to recover rent from the under raiyat exceeding seven-twentieths of the produce of such land: Provided that the landlord shall not be entitled to any share in the straw or bhoosa as rent out of the produce of such land.
Explanation.--The word "straw" in this section includes jute sticks after the jute has been extracted therefrom, and arhar and maize sticks when the produces are jute, arhar and maize respectively.
Nothing in any contract, express or implied, between an under-raiyat and his landlord, made before or after the date of the commencement of the Bihar Tenancy (Second Amendment) Act, 1955, shall entitle the landlord to rent; according to any system, such as danabandi, manhunda, mankhop or chauraha, under which fixed rent in kind is payable, and where an under-raiyat was before the said date liable to pay to his landlord rent according to any such system, he shall from and after the said date be liable to pay to his landlord rent in kind by division of the produce.
Every person who, for a period of twelve years, whether wholly or partly before or after the commencement of the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938), has continuously held land as an under-raiyat in any village, whether under a lease or otherwise, shall be deemed to have acquired, on the expiration of that period a right of occupancy in the land which he has so held for the said period: Provided that an under-raiyat shall not, irrespective of the duration of his holding any land as an under-raiyat acquire any right of occupancy-- (i) in such area of the land to be selected and declared by his landlord in the prescribed manner as together with the area of land already held by the landlord under his cultivation does not exceed the following limits, namely:-- (a) five acres of land irrigated by flow irrigation work, lift irrigation work or tube well owned, constructed, maintained, improved or controlled by the Central or the State Government or by a body corporate constituted under any law or by tube well owned or maintained by the landlord or; (b) ten acres of other land; or (ii) in the land within the ceiling area fixed by law of a landlord who is a widow or a person suffering from blindness, leprosy or paralysis or is a person of unsound mind or a person on the service of the Army, Navy or Air Force of the Union of India during the period the landlord remain a widow or suffers from blindness, leprosy or paralysis or remains of unsound mind or remain in the service of the Army, Navy or Air Force of the Union of India.
Explanation 1.--A land shall be deemed to be irrigated by such flow irrigation work, lift irrigation work or tube well if it is ordinarily capable of being irrigated from such source notwithstanding that such irrigation is not enjoyed owing to any action or inaction on the part of the landlord of such land.
Explanation 2.--For the purpose of this section one acre of land mentioned in clause (i) (a) shall be deemed to be equivalent to two acres of land mentioned in clause (i) (b).
Explanation 3.--If there are more than one under-raiyat under a landlord, the area of land to be selected and declared by the landlord in the prescribed manner shall be in preparation to the area of land held by different under-raiyats.
Explanation 4.--A member of an undivided Hindu family having or being entitled to a share in land shall be deemed to be a landlord for the purpose of this section as if there has been partition in the family.
(1) An occupancy under-raiyat shall if he makes an application in this behalf in the prescribed manner, be entitled to acquire the right of a raiyat subject to the payment to be made as may be prescribed by the State Government and the right of the land-holder in such land shall extinguish: Provided that the land on which he acquires such right along with other land held by him anywhere in the State does not exceed the area he may hold under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962).
(2) The remaining area, if any, in which the under-raiyat does not acquire the right of a raiyat shall continue to be held by the raiyat under whom the under-raiyat held the land.
(3) The land owner in respect of whose land the under-raiyat acquires the right of a raiyat under sub-section (1) shall be paid as compensation an amount equivalent to twenty four times the rent of the holding in the manner prescribed in this behalf.
(1) if an under-raiyat is threatened with unlawful ejectment from his tenancy or any portion thereof by his landlord or if there is a dispute between them over the possession of land crop or produce thereof either on the ground of non-existence of relationship of landlord and tenant between them or otherwise or if an under-raiyat is or has been ejected from his tenancy or any portion thereof within twelve years before the commencement of proceeding under this section in contravention of the provisions of section 89 the Collector may, of his own motion or on application made in this behalf by the under-raiyat, initiate a proceeding for preventing the landlord from ejecting the under-raiyat or for settlement of the said dispute or for restoration of possession to under-raiyat unlawfully ejected from his tenancy or portion thereof.
Explanation.--If in the midst of the proceeding it is found that the landlord has during or before the initiation of the proceeding transferred the land to any other person who is not a party to the proceeding initiated under sub-section (1), the Collector shall make such transferee a party to the proceeding.
(2) The Collector may, after hearing the parties, about which due notice shall have been given to them or ex-parte, in cases of emergency by an order in writing prevent the landlord from ejecting the under-raiyat until disposal of the proceeding or until further orders and if he is of opinion that any crop or produce of the land which is subject-matter of dispute in the proceeding under this section is liable to-speedy and natural decay, he may., if the situation so warrants and in similar manner as aforesaid direct the proper custody or harvesting or sale, as the case may be, of such crop or produce or the sale proceeds thereof.
(3) When a proceeding is initiated under sub-section (1) the Collector may refer the matter (hereinafter referred to as "dispute") to a Board to be appointed by him, for promoting the settlement of the dispute between the under-raiyat and the landlord.
(4) A Board to be appointed by the Collector in the prescribed manner under sub-section (3) shall consist of a Chairman; who shall be unconnected with the dispute referred to such Board or with any party directly affected by such dispute and two members to represent the parties to the dispute and the person appointed as a member to represent any party shall be appointed on the recommendation of that party: Provided that if any party does not nominate any person to represent him in the Board or nominates a person who is not available within such time as the Collector considers reasonable, the Collector may appoint such person as he thinks fit to represent that party.
(5) If at any time before the Board has completed its work, the service of the Chairman or any member of the Board ceases to be available, or any member of the Board fails to attend the meeting of the Board on two successive dates without showing cause to the satisfaction of the Chairman, the Collector may appoint any suitable person in the prescribed manner to take his place and the proceeding shall be continued before such Board as so reconstituted.
(6) The Chairman of the Board to which a dispute is referred shall give written notice to the under-raiyat and his landlord in the prescribed manner and the Board shall make endeavours to bring about an amicable settlement of the dispute and when an amicable settlement of the dispute is brought about, the Board shall forthwith submit a report containing the terms on which settlement had been brought about, to the Collector, who may dispose of the proceeding in accordance with the terms of the report: Provided that failure on the part of any member of the Board to sign the report shall not effect the validity of the same.
(7) Where a Board does not succeed in bringing about an amicable settlement of the dispute, it shall make enquiry into the same, receive such evidence as it considers, necessary, record its findings on the disputes and transmit the entire record of the proceeding forthwith to the Collector who may dispose of the proceeding in accordance with the terms of the findings: Provided that failure on the part of any member of the Board to sign the finding shall not affect the validity of that finding: Provided further that if any member does not want to sign the findings of the Board he will submit his disagreement on the findings in writing failing which the Chairman will submit his notes on the subject.
(8) In case of disagreement with the report or the findings of the Board, the Collector shall, after recording his reasons for such disagreement and after giving the parties concerned a reasonable opportunity of being heard, make such enquiry, if any, as he thinks necessary and on being satisfied that-- (i) the person threatened with ejectment is an under-raiyat the Collector shall declare the threatened ejectment illegal and direct that the landlord shall not interfere with the possession of the under-raiyat in his tenancy or any portion thereof; (ii) the land under dispute is in the tenancy of the under-raiyat the Collector shall declare possession of the under-raiyat and order the crop or produce or the sale-proceeds thereof, as the case may be, to be divided between the under-raiyat and his landlord in accordance with the provisions of sections 69 to 71 of the Act; (iii) the person alleged to have been ejected was an under-raiyat of the disputed land on the date of ejectment and was ejected within twelve years before the commencement of proceeding under this section in contravention of section 89, the Collector shall order that the land-lord, or, where any other person, is in possession of the land comprised in the under-raiyat tenancy or portion thereof under any claim derived from the landlord, such person shall restore the under-raiyat to possession of the tenancy or portion from which he was so ejected.
(9) The order of the Collector under sub-sections (6), (7) or (8) shall be in writing and shall state the grounds on which it is made and specify the period which shall not exceed six month from the date of the order within which his order shall be carried out.
(10) If the Board fails to record its findings or transmit the records as required under sub-section (7) within a period of six month [which shall be reckoned from the date of its appointment under sub-section (3)] the Collector may withdraw the proceeding from the Board and decide the dispute himself according to the provisions of this section.
(11) If the person against whom an order has been made under sub-sections (6), (7) or (8) fails to carry out the orders of the Collector within such reasonable time as may be specified in the order or the order passed to appeal under section 48F the Collector shall take or cause to he taken such steps or use or cause to be used such force as in his opinion may be necessary for securing compliances with the order or for preventing such threatened ejectment of under-raiyat or for restoring possession to under-raiyat unlawfully ejected.
(12) The Board shall have the same power regarding the summoning and attendance of witnesses and compelling the production of documents as a Civil Court has under the Code of Civil Procedure, 1908 (V of 1908) and the Collector shall have general control and superintendence over the Board.
(13) Save as expressly provided in this Act, no Civil or Criminal Court shall have any jurisdiction over the subject matter of a dispute after a proceeding is initiated under sub-section (1) by the Collector: Provided that nothing in this sub-section shall be deemed to affect the power of a Criminal Court to take such action as may be necessary for preventing breach of the peace pending the final disposal of the proceeding by the Collector.
(1) An appeal shall lie from an order referred to in [sub-section (7) and sub-section (8) of section 48E.-- (i) if such order is passed by an officer other than the Collector of a district, to the Collector of the district or to any officer specially empowered by the State Government by notification to hear such appeals; and (ii) if such order is passed by the Collector of a district, to the prescribed authority.
(2) The Collector of the district may, at any time, transfer any appeal filed before him to any officer specially empowered under clause (i) of sub-section (l) to hear such appeals, or withdraw any appeal pending before any officer so empowered, and either hear such appeal himself or transfer it for disposal to any other officer so empowered.
(3) Appeals under this section shall be heard and disposed of in accordance with the prescribed procedure.
(4) An order duly made under section 48-E or on appeal under this section shall be final and shall not be called in question in any Civil Courts.
(5) If a suit is Instituted challenging ah order made under section 48-E or on appeal under this section, the Civil Court shall have no power, during the tendency of the suit, to stay the enforcement of such order.
An under-raiyat may be ejected by his landlord from land in which he has not already acquired a right of occupancy in accordance with the provision of section 48-C on one or more of the following grounds and not otherwise, namely:.--
In this chapter "complete usufructuary mortgage" means a transfer by a tenant of the right of possession in any land for the purpose of securing the payment of money or the return of grain advanced or to be advanced by way of loan upon the condition that the loan, with alt interest thereon, shall be deemed to be extinguished by the profits arising from the land during the period of the mortgage.
This Chapter shall apply to tenants who are members of the Scheduled castes. Scheduled tribes and Backward classes (hereinafter referred to as protected tenants).
Explanations.-- (1) "Scheduled castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are specified in Part II of the Schedule to the Constitution (Scheduled Castes) Order, 1950. (2) "Scheduled tribes" means such tribes or tribal, communities or parts of or groups within such tribes or tribal communities as are specified in Part II of the Schedule to the Constitution (Scheduled Tribes) Order, 1950. (3) "Backward classes" means such classes of citizens as may be declared by the State Government by notification in the Official Gazette, to be socially and educationally backward.
No transfer by, a protected tenant of his right in his tenure, holding or tenancy, or in any portion thereof by private sale, gift, will, mortgage, lease or any contract or agreement, shall be valid to any extent except as provided in this Chapter.
A tenure-holder, who is a member of the Scheduled tribes, Scheduled castes or Backward classes may grant a lease to another person who is a member of the Scheduled tribes, Scheduled castes or, as the case may be, Backward classes, to hold the land as a tenure-holder, or to cultivate it as a raiyat, in accordance with the provisions of this Act.
(1) Subject to the provisions of sub-section (1) of section 85, a raiyat, who is a member of the Scheduled tribes, Scheduled castes or Backward classes, may sublet his holding to another person who is a member of the Scheduled tribes, Scheduled castes, or as the case may be, Backward classes to cultivate it as an under-raiyat.
(2) A sub-lease by a raiyat, who is a member of the Scheduled tribes, Scheduled castes or Backward classes, shall not be admitted to registration if it purports to create a term exceeding five years.
(1) A tenure-holder, raiyat, who is a member of the Scheduled tribes, Scheduled castes or Backward classes may, enter with another person, who is a member of the Scheduled tribes, Scheduled castes or, as the case may be, Backward classes, into a complete usufructuary mortgage in respect of any land for any period which does not and cannot, in any possible event, by any agreement, express or implied, exceed seven years, or the period of his own right whichever is less: Provided that every mortgage so entered into shall be registered under the Indian Registration Act, 1908 (16 of 1908).
(2) The power of a tenant, who is a member of the Scheduled tribes, Scheduled castes or Backward classes, to mortgage his land shall be registered to only one form of mortgage, namely, a complete usufructuary mortgage: Provided that a tenant may enter into a simple mortgage in respect of any tenure, holding or tenancy or portion thereof with a society or bank registered or deemed to be registered under the Bihar and Orissa Co-operative Societies Act, 1938 (Bihar and Orissa Act VI of 1935) or with the State Bank of India or a Bank specified in column 2 of the First Schedule to the Banking and Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or with a company or a corporation owned by, or in which not less than fifty one percent of share capital is held by the State Government, and which has been set up with a view to provide agricultural credit to cultivators.