Chapter XIV Chapter XIV

(1) The expression "landlord's privileged lands", as used in this Chapter, means,- (a) lands which are cultivated by the landlord himself with his own stock or by his own servants or by hired labour or are held by a tenant on lease for a term exceeding one year, or on a lease written or oral for a period of one year or less, and which are by custom, recognised as privileged land in which occupancy-rights cannot accrue, and (b) Land which are known as 'Zirat' in the Chota Nagpur Division other than the district of Ranchi and Dhanbad and Patamda, Ichagarh and Chandi police-stations in the district of Singhbhum, lands which are known as man in the district of Dhanbad and Patamda, Ichagarh and Chandi police-stations in the district of Singhbhum and lands which are entered as Manjhihas or Bethpketa in any register prepared and confirmed under the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869). (2) From such date as the State Government may by notification direct, no lease for a term which exceeds or might in any possible event exceed one year shall be considered for the purpose of clause (a) of this Section unless it be in writing.

The State Government may, by notification, direct a Revenue Officer to make a survey and record of all lands in any specified local area which are landlord's privileged lands within the meaning of clause (a) of Section 118.

When a notification has been published under Section 119, directing the making of a record, the provisions of Sections 83, 84, 87, 88, 90, 95 and 96, so far as they may be applicable, shall apply to such record as if it were a record-of-rights referred to in those Sections.

When any land is alleged to be a landlord's privileged land within the meaning of clause (a) of Section 118, then, on the application of the landlord or of any tenant of the land, and on his depositing the required amount for expenses a Revenue Officer may ascertain and record whether the land is or is not landlord's privileged land within the meaning of the said clause : Provided that when a record of such lands has been or is being made by a Revenue Officer under Section 119, no application shall be entertained under this Section.

In any inquiry under this Chapter, a Revenue Officer,- (1) shall have regard to any evidence that may be available in respect of the following among other matters, namely,- (a) who originally reclaimed the lands and brought them under cultivation; (b) whether the lands have at any time been let as landlord's privileged lands or as Raiyati lands; and (c) whether the lands have, since their reclamation, been let year by year, or for specific periods, or for indefinite periods; and (2) shall proceed in the prescribed manner; and (3) shall receive in evidence any judgement, decree or order of a Civil Court or of the Deputy Commissioner, if the same be relevant; but no such judgement, decree or order shall be conclusive proof that the lands are, or not landlord's privileged lands.

In any inquiry by a Revenue Officer under this Chapter or by any Court, as to whether lands are or are not landlord's privileged lands, the Officer or Court shall presume until the contrary is proved that the lands are not landlord's privileged lands.

Where any land in any village is entered as Manjhihas or Bet-kheta in any register prepared and confirmed under the Chota Nagpur Tenure Act, 1869 (Bengal Act 2 of 1869), a Revenue Officer acting under this Chapter shall not record any other lands in that village as being landlord's privileged lands.

When a record of landlord's privileged lands has been prepared under Section 119 for any area, no other lands in that area shall be deemed to be landlord's privileged lands.

An appeal shall lie, in the prescribed manner and to the prescribed Officer from decisions and orders of a Revenue Officer under this Chapter.