Chapter III Tenure-Holders

Section 14: Annulment of encumbrances on resumption of resumable tenure

The Chota Nagpur Tenancy Act, 1908

How current this text is

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.

(1) Upon the resumption of a resumable tenure, every lien, sub-tenancy, easement or other right or interest created, without the consent or permission of the grantor or his successor-in-interest by the grantee or any of his successors, on the tenure, or in limitation of his own interest therein, shall be deemed to be annulled, except the following, namely:-

(a) any lease of land whereupon a dwelling house, manufactory or other permanent building, has been erected or a permanent garden, plantation, tank, canal, [bandh, ahar other work of irrigation] place of worship, or burning or burying ground has been made, or wherein a mine has been sunk under lawful authority;

[(aa) any right of [the Government] in any land within a cantonment;]

(b) any right of a Raiyat or cultivator in his holding or land, as conferred by this Act or by any local custom or usage;

(d) any Mundari khunt-kattidaritenancy;

[(dd) any Bhuinhari tenure, as defined in the Chota Nagpur Tenure Act, 1869 (Bengal Act 2 of 1869)]; [* * *]

(e) any right of a [village-headman] in his office or land; [and]

[(f) any easement of necessity],

(2) Nothing in clause (a) of sub-section (1) shall confer on any grantee of a resumable tenure or any of his successors any right over mineral which he does not otherwise possess.