The Chota Nagpur Tenancy Act, 1908 Bengal Act 6 of 1908 ... The Chota Nagpur Tenancy Act, 1908...

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Transcript of The Chota Nagpur Tenancy Act, 1908 Bengal Act 6 of 1908 ... The Chota Nagpur Tenancy Act, 1908...

  • The Chota Nagpur Tenancy Act, 1908

    Bengal Act 6 of 1908

    [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 :-

    Chapter I

    Preliminary

    1. Short title and extent. - (1) This Act may be called the Chota Nagpur Tenancy Act,

    1908.

    [(2) It extends to [the North Chotanagpur, the South Chotanagpur and Palamau

    Divisions] including the areas or parts of the areas which have been constituted into a

    Municipality or a Notified Area Committee under the Jharkhand Municipal Act, 2002

    (Bihar and Orissa Act 7 of 1922) or which are within a cantonment.]

    2. Repeal. - (1) The Acts and notifications specified in Schedule A are hereby repealed

    in the Chota Nagpur Division. [* * *]

    [(2) The Acts specified in Schedule B are hereby repealed in the [district of Dhanbad

    and Patamda, Ichagarh and Chandil police stations in the district of Singhbhum.]

    3. Definitions - In this Act, unless there is anything repugnant in the subject or context,

    (i) "agricultural year" means the year prevailing in a local area for agricultural purposes,

    and such year shall be deemed to commence and terminate on such dates,

    respectively, as the [State] Government may, by [notification], direct:

    [Provided that where the State Government is the landlord, the year commencing from

    the first day of April shall be the agricultural year for the purposes of this Act;]

  • (ii) "bhugut bandha mortgage" means a transfer of the interest of tenant in his tenancy;

    for the purpose of securing the payment of money advanced or to be advanced by way

    of loan;

    upon the condition that the loan, with all interest thereon, shall be deemed to be

    extinguished by the profits arising from the tenancy during the period of the mortgage;

  • (iii) "Board" means the Board of Revenue for [Bihar [* * *]

    [(iii-a) "bank" means,-

    (i) a banking company as defined in the Banking Regulation Act, 1949 (10 of 1949);

    (ii) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of

    1955);

    (iii) a corresponding new bank constituted under the Banking Companies (Acquisition

    and Transfer of Undertakings) Act, 1970 (5 of 1970);

    (iv) a Regional Rural Bank established under the Regional Rural Banks Act, 1976 (21 of

    1976);

    (v) the Agricultural Refinance and Development Corporation constituted under the

    Agricultural Refinance and Development Corporation Act, 1963 (10 of 1963); and

    (vi) the Agricultural Finance Corporation Ltd., a Company incorporated under the

    Companies Act, 1956 (1 of 1956);]

    (iv) "Certificate Officer" means the Certificate Officer as defined in [clause (3)] of Section

    [3] of the [Bihar and Orissa Public Demands Recovery Act, 1914 (B&O Act, 4 of 1914:]

    (v) "civil jail" means the civil jail of the district, and includes any place appointed by the

    [State] Government for the confinement of prisoners under this Act;

    (vi) "Commissioner" and "Judicial Commissioner" mean respectively the Commissioner

    and Judicial Commissioner of Chota Nagpur; and include any other person specially

    [empowered] by the [State] Government to discharge the functions of the Commissioner

    or Judicial Commissioner, as the case may be in any particular area;

    (vii) "Deputy Collector" includes an Assistant Collector and any Sub-Deputy Collector,

    who is especially empowered by the [State] Government to discharge any of the

    functions of a Deputy Collector under this Act;

  • (viii) "Deputy Commissioner" in any provision of this Act includes,-

    (a) any Revenue Officer or Deputy Collector, who is specially empowered by the [State]

    Government to discharge any of the functions of a Deputy Commissioner under that

    provision, and

    (b) any Deputy Collector to whom the Deputy Commissioner may by general or special

    order, transfer any of his functions under that provision;

  • (ix) "enhancement" and "enhanced" do not include an increase of rent in respect of land

    held by 'Raiyat', in excess of the area for which rent has previously been paid by him, or

    in respect of the conversion of upland, whether within or without his holding into 'korkar';

    but include any commutation of rent payable in money into rent payable wholly or partly

    in kind;

    (x) "estate" means land included under one entry in any of the general registers of

    revenue-paying lands and revenue-free lands prepared and maintained under the law

    for the time being in force by the Deputy Commissioner; and includes Government 'khas

    mahals' and revenue-free lands not entered in any register;

    (xi) "forest produce" includes the following, whether taken from a forest or not, that is to

    say,-

    (a) wood, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish,, bark lac,

    'mahua' flowers and myrobalans.

    (b) trees and leaves, flowers and fruits and all other parts or produce not hereinbefore

    mentioned of trees,

    (c) plant not being trees (including grass, creepers, reeds and moss) and all parts or

    produce of such plants,

    (d) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all

    other parts or produce of animals, and

    (e) peat, surface-oil rock and minerals (including iron-stone, coal clay, [sand and lime-

    stone] [* * *] when taken by any person for his own use [* * *];

    (xii) "holding" means a parcel or parcels of land held by a Raiyat, and forming the

    subject of separate tenancy;

    (xiii) "korkad" means land by whatever name locally known such as 'babhala khandwat,

  • 'jalsasan' or 'ariat', which has been artificially levelled or embanked primarily for the

    cultivation of rice, and,-

    (a) which previously was jungle, waste or uncultivated, or was cultivated upland, or

    which, though previously cultivated, has become unfit for the cultivation of transplanted

    rice, and

    (b) which has been prepared for cultivation by a cultivator (other than the landlord), or

    by the predecessor-in-interest (other than the landlord); [* * *];

    (xiv) "landlord" means a person immediately under whom a tenant holds, and includes

    the Government;

  • (xv) "movable property" includes standing crops;

    (xvi) "mundari khunt-kattidari tenancy" means the interest of a "Mundari khunt-kattidar";

    (xvii) "pay", "payable" and "payment", when used with reference of rent, include

    "deliver", "deliverable" and "deliver";

    (xviii) "permanent tenure" means a tenure which is heritable and which is not held for a

    limited time.

    (xix) "praedial conditions" means conditions or services appurtenant to the occupation

    of lands other than the rent, and include rakumats' payable by the tenants to landlord

    and every 'mahtut mangan' and 'madad', and every other similar demand, howsoever

    denominated, and whether regularly recurrent or intermittent;

    (xx) "prescribed" means prescribed by [State] Government by rule made under this Act;

    (xxi) "proprietor" means a person owning, whether in trust or for his own benefit an

    estate or a part of an estate;

    (xxii) "registered" means registered under any Act for the time being in force for the

    registration of documents;

    (xxiii) "rent" means whatever is lawfully payable in money or kind by a tenant to his

    landlord on account of the use of occupation of the land held by the tenant and includes

    all dues (other than personal services) which are recoverable under enactment for the

    time being in force as if they were rent;

    (xxiv) "resumable tenure" means a tenure which is held, subject to the condition that it

    shall lapse to the estate of the grantor and be resumable by him or his successor in

    title,-

    (a) on failure of male heirs of the body of the original grantee in the male line, or

    (b) on the happening of any definite contingency other than that referred to in sub-

    clause (a) of this clause;

  • (xxv) "Revenue Officer" in any provision of this Act, means any officer whom the [State]

    Government may appoint to discharge any of the functions of Revenue Officer under

    that provision;

    (xxvi) "tenant" means a person who holds land under another person and is, or but for a

    special contract would be liable to pay rent for that land to that person;

    (xxvii) "tenure" means the interest of a tenure-holder, and includes an under tenure, but

    does not include a "Mundari khunt-kattidari" tenancy,

  • (xxviii) "village" means,-

    (a) in any local area in which a survey has been made and a record-of-rights prepared

    u