State Act: Jharkhand
The Chota Nagpur Tenancy Act, 1908
Act Bengal Act 6 of 1908, 302 sections
Text as published by India Code for the Government of Jharkhand. The copy prints amendments in square brackets without naming the amending Acts and gives no "as amended up to" date; the newest amending instrument it names is the Chota Nagpur Tenancy (Amendment) Act, 1969 (President's Act 4 of 1969), while it already carries later wording such as references to the Regional Rural Banks Act, 1976 (section 3) and the Jharkhand Municipal Act, 2002 (section 1).
The copy prints no footnotes. Omitted words are shown as "[* * *]" where the copy shows them, and its typing errors (for example "mortgagte" in section 46 and "tor" in section 6) are reproduced as printed.
Chapter VII-A is printed only as a heading with the title "[* * *]" and contains no sections.
Schedule A, Schedule B and the Appendix (Part I: provisions of the Chota Nagpur Tenancy (Amendment) Act, 1920 not incorporated in the text; Part II: the Seraikela and Kharsawan (Laws) Act, 1951 with its Schedule of modifications) are printed at the end of the India Code file and are listed here by heading only.
Title, date and preamble
[Dated 11th November, 1908]
An Act to amend and consolidate certain enactments relating to the law of Landlord and Tenant and settlement of rents in Chota Nagpur.
Whereas it is expedient to amend and consolidate certain enactments relating to the law of landlord and tenant and the settlement of rents in Chota Nagpur;
And whereas the sanction of the Governor-General has been obtained under Section 5 of the Indian Councils Act, 1892 (55 and 56 Viet, e. 14) to the passing of this Act;
It is hereby enacted as follows :-
Contents
Chapter I Preliminary
Chapter II Classes of Tenants
Chapter III Tenure-Holders
- 9.Tenure-holder when not liable to enhancement of rent
- 9A.Enhancement of rent of tenure-holder or village headman
- 10.Certain bhuinhars not liable to enhancement of rent
- 11.Registration of certain transfers of tenures
- 12.Procedure on refusal of landlord to allow registration of transfer of tenure
- 13.Division of Tenure and distribution of rent
- 14.Annulment of encumbrances on resumption of resumable tenure
- 15.Saving of rights of landlord
Chapter IV Occupancy-raiyat
General
Incident of Occupancy Right
- 21.Rights of occupancy-Raiyat in respect of use of land
- 21A.Rights of occupancy-Raiyat in trees
- 22.Protection of occupancy-Raiyat from eviction except on specified grounds
- 23.Devolution of occupancy right on death
- 23A.Registration of certain transfers of occupancy holdings
- 24.Obligation of occupancy-Raiyat to pay rent
- 24A.Division of holding by partition and distribution of rent thereof
Enhancement of Rent
- 25.Presumption that rent of occupancy-Raiyat is fair and equitable
- 26.Confirmation of rents enhanced prior to commencement of this Act
- 27.Methods in which rent of occupancy-Raiyat may be enhanced
- 28.Contents of application to Deputy Commissioner for enhancement
- 29.Procedure on receipt of such application
- 30.Power to direct gradual enhancement
Increase of Rent in Respect of Excess Area
Reduction of Rent
Bar to further Enhancement or Reduction of Rent
Chapter V Raiyat Having khunt-katti Rights
Chapter VI Non-Occupancy Raiyats
- 38.Initial rent and lease of non-occupancy-Raiyat
- 39.Effect of acquisition by landlord of the right of a non-occupancy-Raiyat in his holding
- 40.Conditions of enhancement of rent of non-occupancy-Raiyat
- 41.Grounds on which non-occupancy Raiyat may be rejected
- 42.Conditions of ejectment on ground of refusal to agree to pay a fair and equitable rent
Chapter VII Lands Exempted From Chapters IV and VI
Chapter VIII Leases and Transfers of Holdings and Tenures
- 44.Raiyat entitled to a lease
- 45.Landlord entitled to counterpart engagement
- 46.Restrictions on transfer of their right by Raiyat
- 47.Restriction on sale of Raiyat's right under order of Court
- 48.Restrictions on the transfer of Bhuinhari tenure
- 48A.Restriction on the sale of Bhuinhari tenure
- 49.Transfer of occupancy-holding or Bhuinhari-Tenure for certain purposes
- 50.Acquisition of tenure or holding by landlord for certain purposes
- 51.Tenant not liable to transferee of landlord's interest for rent paid to former landlord, without notice of the transfer
Chapter IX General Provisions as to Rent
Presumptions as to fixity of rent
Arrears of Rent
Commutation of Rent payable in kind
[Chapter IX-A] Settlement of Waste Lands
Chapter X Miscellaneous Provisions as to Landlord and Tenant
Korkar
Ejectment
- 68.Tenant not to be ejected of except in execution of decree or order
- 69.Relief against forfeitures
- 70.Decree or order for ejectment when to take effect
- 71.Power to replace in possession tenant unlawfully ejected
- 71A.Power to restore possession to member of the Scheduled Tribes over land unlawfully transferred
- 71B.Penalties
Surrender and Abandonment
Continuance of occupation
Measurements
Chapter XI Customs and Contract
Chapter XII Records-of-Rights and Settlement of Rents
- 80.Power to order survey and preparation of record-of-rights
- 81.Particulars to be recorded
- 82.Power to order survey and preparation of record-of-rights as to water
- 83.Preliminary publication, amendment and final publication of record-of-rights
- 84.Presumptions as to final publication and correctness of record-of-rights
- 85.Settlement of fair rent
- 86.Decision of issues arising during course of settlement of rents
- 87.Institution of suits before Revenue Officer
- 87A.Under-tenant to be made party in certain proceedings and suits
- 88.Entry in record-of-rights of rents settled and decisions made
- 89.Revision by Revenue Officer
- 90.Correction by Deputy Commissioner or Revenue Officer of mistake in record-of-rights
- 91.Stay of certain proceedings before Deputy Commissioner or Civil Court when order made for preparation of record-of-rights
- 92.Bar to jurisdiction of Courts in matters relating to record-of-rights
- 93.Stay of certain proceedings before Deputy Commissioner or Civil Court when record-of-rights finally published
- 94.Period for which rents entered in the record-of-rights are to remain unaltered
- 95.Expenses of proceedings under this Chapter
- 96.Power of Revenue Officer to give effect to agreement or compromise
- 97.Date from which settled rent takes effect
- 98.Revision of record-of-rights, and new settlement of rents, under orders of State Government
- 99.Enhancement of rent where application under Section 98 is rejected
- 100.Validation of directions given, before the commencement of this Act for the record of certain rights
- 100A.Application of certain provisions to rights if pasturage, to take forest produce, etc. and to payments in respect thereof
Chapter XIII Praedial Conditions and The Commutation and Record Thereof
- 101.Prohibition against new praedial conditions
- 102.Liability of tenant when original conditions of tenancy cannot be ascertained
- 103.Method of calculating present value of praedial conditions
- 104.Procedure in suit for rent and value of praedial conditions
- 105.Voluntary commutation of praedial conditions
- 106.Power to order record of praedial conditions, with or without commutation
- 107.Preparation of record
- 108.Publication of record
- 109.Appeal from orders of Revenue Officer
- 110.Revision by Commissioner or Board
- 111.Procedure where a survey and record-of-rights are being made
- 112.Note of decisions in record-of-rights
- 113.Decisions of questions as to whether a payment in kind is a praedial condition or a payment of rent in kind
- 114.Commencement and effect of commutation
- 115.Expenses of voluntary commutation
- 116.Expenses of record and compulsory commutation
- 117.Saving of right to claim reduction or enhancement of rent
Chapter XIV Record of Landlord's Privileged Lands
- 118.Definition of "landlord's privileged lands"
- 119.Power to direct a survey and record of landlord s privileged lands
- 120.Application of certain Sections
- 121.Power to record landlord's privileged lands on application of landlord or tenant
- 122.Procedure in inquiries
- 123.Presumption that lands are not landlord's privileged lands
- 124.No land in certain villages to be recorded as landlord's privileged lands
- 125.Exclusion of unrecorded lands from category of landlord's privileged lands
- 126.Appeal
Chapter XV Record-of-Rights and Obligations of Raiyats Having khunt-katti Rights, Village Headmen and other classes of tenants
- 127.Record-of-rights and obligations of Raiyats having Khuntkatti rights village headmen and other class of tenants
- 128.Application of certain Sections
- 129.Notice of entries to interested persons
- 130.Suits to decide disputes as to entries in or omission from record
- 131.Note of final decisions in record
- 132.Evidential value of entries
- 133.Revenue-Officer to have regard to origin and nature of tenancy and status of tenants
- 134.Exclusion of unrecorded lands from category of khunt-katti lands
Chapter XVI Judicial Procedure in Matters Cognizable by The Deputy Commissioner
- 135.Place for holding Deputy Commissioner's Court
- 136.Office for instituting suits and making applications
- 137.Withdrawal of suits
- 138.Jurisdiction where land is situated in more than one district or subdivision
- 139.Certain suits and applications cognizable only by the Deputy Commissioner
- 139A.Exclusive jurisdiction of Deputy Commissioner in certain cases
- 140.Collective suits or applications
- 141.Order or decree in collective suit or on collective application to specify how far it effects each tenant
- 142.Suit by co-sharer landlord for rent
- 143.Institution of suits by presentation of statement of claim
- 144.Additional particulars required in statement of claim in certain suits and in certain applications
- 145.Substitution of copies or extracts for original documents admitted in evidence
- 146.Statement of claim by whom to be presented
- 147.Signature and verification of statement of claim
- 148.Production of documents by plaintiff
- 149.Production of documents by defendant
- 150.Return or amendments of statement of claim
- 151.Issue of summons to defendant
- 152.Attendance of defendant personally or by agent
- 153.Production of documents and witnesses
- 154.Deposit of cost of serving summons
- 155.Procedure when neither party appears
- 156.Procedure when only the defendant appears
- 157.Procedure when only the plaintiff appears
- 158.Production of documents by defendant
- 159.Hearing of defendant on day to which case is postponed
- 160.Exemption of women from personal attendance
- 161.Employment of agents
- 162.Power to grant time or adjourn hearing
- 163.Examination and cross-examination of parties or their agents and of witnesses, written statement by defendant
- 164.Conduct and record of examination
- 165.Power to direct attendance of party whose agent cannot answer material question
- 166.Decree when to be made
- 167.Power to postpone trial to take further evidence
- 168.Production of witnesses
- 169.Procedure when neither party appears on day fixed for final hearing of suit
- 170.Judgement
- 171.Local inquiries
- 172.Payment into Court by defendant, after tender to plaintiff
- 173.Payment into Court by defendant, without prior tender to plaintiff
- 174.Prohibition of interest on sums paid into Court
- 175.Power to award damages to plaintiff in rent suit
- 176.Power to award compensation to defendant in rent suit
- 177.Procedure where third-party claims right to receive rent
- 178.Suit for ejectment of non-occupancy Raiyat- Cancelment of lease of any tenant for arrear of rent
- 178A.Non-occupancy Raiyat entitled to appropriate produce from the holding grown before the delivery of possession
- 179.Power of Deputy Commissioner to grant lease to Raiyat in default of landlord
- 180.Procedure where tenant fails to deliver counterpart engagement to landlord
Execution of Decrees and Orders of the Deputy Commissioner
- 181.Limitation of time for application for execution
- 181A.Application for execution by assignee of rent-decree
- 182.Decrees and orders by what Court to be executed
- 183.Form of application for execution
- 184.Issue of process of execution
- 185.Form of warrant of execution against person or movable property
- 186.Exemption from attachment and sale
- 186A.Restrictions on the execution of the decree
- 187.Indication of movable property to be seized
- 188.Duration of warrant of execution
- 189.Second and successive warrants of execution
- 190.Notice when to be given before issue of warrant of execution
- 191.Procedure when judgement-debtor is arrested
- 192.Further proceedings after discharge from jail
- 193.Diet-money for subsistence of prisoners
- 194.Execution of decree or order for ejectment or re-instatement of cultivator
- 195.Execution of decree or order for cancelment of lease, for ejectment or re-instatement of tenant not being an actual cultivator
- 196.Execution of decree or rent given in favour of the sharer in undivided estate or tenure
- 197.Execution of rent decree obtained by a co-sharer landlord
- 198.Execution against immovable property in certain cases, if judgement not satisfied
Sales in Execution of Decree of the Deputy Commissioner
- 199.Notification of intended sale of movable property, and custody of property
- 200.Interval between seizure and sale
- 201.Place and manner of sale
- 202.Prohibition of purchase by officers
- 203.Postponement of sale if fair price be not offered
- 204.Payment of purchase money and delivery of property to purchaser
- 205.Application of proceeds of sales
- 206.Procedure where third party claims interest in property seized
- 207.Irregularities not to vitiate sale
- 208.Sale of tenure or holding in execution of decree for arrears of rent
- 208A.Distribution of rent of holding a portion of which is sold in execution of decree for arrears of rent
- 208B.Procedure to be followed in bringing to sale tenure or holding or portion thereof in execution of rent decree
- 208C.Certificate and possession to be given to purchaser on payment in full
- 208D.Purchaser to acquire the tenure or holding with certain exceptions free of encumbrances
- 209.Disposal of proceeds of sale under Section 208
- 210.Sale of other property in execution of decree for arrears of rent of tenure or holding
- 211.Procedure when third party claims to be in lawful possession of tenure or holding
- 212.Application to set aside sale of immovable property on deposit of debt and compensation to purchaser
- 213.Application to set aside sale of immovable property on ground of irregularity or fraud
- 213A.Sale in execution deemed set aside when rent decree set aside and restoration of status quo ante
- 214.Grounds on which suit or application to set aside sale may be brought
- 214A.Sale of a portion of holding
Appeals
- 215.Appeals from orders of Deputy Commissioner
- 215A.[Omitted]
- 216.Limitation of appeals under Section 215
- 217.Bar to further appeals, with Proviso for revision by Board or Commissioner
- 218.Appeal in certain suits
- 219.Appeal to Deputy Commissioner when to be presented
- 220.Appeal when to be heard
- 221.Re-admission of appeal
- 222.Re-hearing of appeal on application of respondent against whom "ex-parte" decree passed
- 223.Judgement in appeal
- 224.Appeal to Judicial Commissioner or High Court
- 225.Hearing of appeals by Judicial Commissioner instead of by Deputy Commissioner
- 226.Limitation of appeal to Judicial Commissioner or High Court
- 227.Power to set aside judgement or order passed "ex-parte" by default
- 228.Order to set aside judgement final, but rejection of application to set aside appealable
- 229.Application of Rule 22 of Order XLI of the First Schedule to the Code of Civil Procedure
[Chapter XVI-A] Summary Procedure for the recovery of rents under the Bihar and Orissa Public Demands Recovery Act, 1914
Chapter XVII Limitation
- 230.Application of the [Indian] Limitation Act, [1908]
- 230A.Special rule of limitation in certain applications and suits before a Revenue-Officer
- 231.General rule of limitation
- 232.Limitation of suits and applications for grant of leases, etc
- 233.Limitation of certain suits for ejectment
- 234.Limitation of suits and applications for arrears of rent
- 235.Successive suits or applications for recovery of rent
- 236.Limitation of suits against agents for money, accounts or papers
- 237.Limitation of applications for recovery of possession of holding
- 238.Limitation of suits or applications by village headmen for recovery of possession
Chapter XVIII Special Provisions with respect to Mundari Khunt-Kattidars
- 239.Application of preceding Sections to Mundari khunt-kattidari tenancies
- 240.Restrictions on transfer of Mundari khunt-kattidari tenancies
- 241.Transfer for certain purposes
- 242.Ejectment of persons unlawfully obtaining possession of such tenancies
- 243.Enhancement of rent
- 244.Recovery of arrears of rent under the certificate procedure where there is a record-of-rights
- 245.Reference of question of title to Civil Court
- 246.Recovery of arrear of rent by suit where there is no record-of-rights
- 247.Joinder of parties in proceedings under Section 244 or 246
- 248.Recovery of money due to the Government or rent due to a landlord
- 249.Recovery of contributions from co-sharer tenants
- 250.Entry of Mundari khunt kattidari tenancies in record-of-rights
- 251.Bar to suits under Section 87
- 252.Decisions of disputes regarding entries or omissions in record-of-rights
- 253.Appeal against such decisions
- 254.Entry of decision in record-of-rights
- 255.In preparing record-of-rights, judgements, etc., in suits not to be taken as evidence that tenancies are or are not Mundari Khunt-kattidari tenancies
- 256.Record-of-rights to be conclusive evidence on the question whether a tenancy is a 'Mundari-khunt-kattidar' tenancy
Bar to suits [and finality of decisions in certain cases]
Costs
Production of witnesses and documents
Rules and notifications
Recovery of Dues
Powers
Saving of Special Enactment
Schedules and appendices
Schedules are not yet reproduced here. Read them in the official file; each link opens the page where the Schedule begins.
- Schedule 'A' Acts and Notification Repealed in the Chota Nagpur Division
- Schedule B [* * *] Repealed in [The District of Dhanbad and Palamau Ichagarh and Chandil Police Station in the District of Singhbhum]
- Appendix Part I Provisions of the Chota Nagpur Tenancy (Amendment) Act, 1920 not incorporated in the text
- Appendix Part II The Seraikela And Kharsawan (Laws) Act, 1951 [Bihar Act XLI of 1951]