Chapter IX Chapter IX

Subject to any registered agreement or local custom or usage to the contrary, a money-rent payable by a tenant shall be payable in four equal instalments falling due on the last day of each quarter of the agricultural year.

(1) Payment of rent by a tenant to his landlord, in respect of the land held or cultivated by the tenant may be made either,- (a) by tendering the rent at the mal-cutcherry for the receipt of rent or other place where the rent of such land is usually payable; or (b) by remitting the amount of the rent to the landlord or his agent by postal money- order in the prescribed form either direct or through the Deputy Commissioner, (2) Where a tenant (hereinafter referred to in this sub-section as the 'payer') intends to pay his rent or a portion of his rent by postal money-order through the Deputy Commissioner,- (i) the payer shall remit the amount of such rent or portion of rent, as the case may be, to the Deputy Commissioner together with a sum equal to the postal remittance fee to enable the Deputy Commissioner to remit the amount to the person described in the money-order form as the landlord or his agent (hereinafter referred to in this sub-section as the 'payee'); (ii) the Deputy Commissioner shall on receipt of the money-order enter the prescribed particulars of all such remittances in a register to be maintained by him in the prescribed form and shall cause the money to be remitted to the payee; (iii) in the event of the payee accepting the money-order the postal acknowledgement shall remain in the Deputy Commissioner's office and shall be made over to the payer on an application made by him in this behalf and if no such application is made, preserved for a period of six years; and (iv) in the event of the payee refusing the money-order, the amount shall remain in deposit with the Deputy Commissioner to the credit of the payee and may, on application be paid to the payee in the prescribed manner, if such application is made

(1) Every tenant who makes a payment on account of rent or interest due thereon, or both to his landlord shall be entitled to obtain forthwith from the landlord or his agent, free of charge, a signed receipt for the same, in the prescribed form. (2) The landlord or his agent shall prepare and retain a counterfoil, in the prescribed form of the receipt. (3) (a) If a landlord or his agent, without reasonable cause fails to grant such a receipt or to prepare and retain such a counterfoil, such landlord or his agent, as the case may be shall be punishable with simple imprisonment for a term which may extend to one month or with fine which may extend to Rs. 100 or both in respect of each such failure. (b) An offence under clause (a) shall be bailable and shall be compoundable with the leave of the Court and the provisions of the Code of Criminal Procedure, 1898 shall apply to the trial of such offence. (4) If, in any suit or other proceeding under this Act or any other law the Court or presiding officer (not being the Deputy Commissioner) finds that any landlord or agent has failed,- (a) to deliver to a tenant a receipt in the prescribed form, (b) to prepare and retain a counterfoil, in the prescribed form, of a receipt delivered to a tenant as aforesaid, such Court or officer shall inform the Deputy Commissioner who may take cognizance of the offence and may either try the case himself or transfer it for trial to a competent Magistrate subordinate to him.

In any of the following cases, namely,- (a) when a tenant tenders or remits money on account of rent, and the landlord or his agent refuses to receive it or refuses to grant a receipt for it; or (b) when a tenant who is bound to pay money on account of rent has reason to believe, owing to a tender having been refused or a receipt withheld on a previous occasion, that the landlord or his agent will not be willing to receive it and to grant him a receipt for it; or (c) when the rent is payable to co-sharers jointly, and the tenant is unable to obtain the joint receipt of the co-sharers for the money and no person has been empowered to receive the rent on this behalf; or (d) when the tenant entertains a bona fide doubt as to who is entitled to receive the rent; the tenant, whether a suit has been instituted against him or not, may deposit, to the credit of the landlord, the full amount which he considers to be due from him in the Court of the Deputy Commissioner having jurisdiction to entertain a suit or application for such rent; and such deposit shall, as far as the tenant and all persons claiming through or under him are concerned, in all respects operate as and have the full effect of, a payment then made by the tenant of the amount deposited to the credit of the landlord.

(1) On the written application of the tenant or his agent, and on his making a declaration in the prescribed form the Deputy Commissioner shall receive such deposit and give a receipt for the sum deposited. (2) The Deputy Commissioner shall, as soon as possible after the receipt of any money so deposited, issue a notice, in the prescribed form, to the landlord to whose credit it has been deposited. (3) If any person claiming to be entitled to receive the money in deposit appears and applies for payment thereof to him, the Deputy Commissioner may pay the amount to him if he appears to be entitled to the same, or may, if the Deputy Commissioner thinks fit, retain the amount pending a decision by a Civil Court declaring what person is so entitled. (4) Any sum deposited as aforesaid may in the absence of any order of a Civil Court to the contrary, be repaid to the depositor,- (a) at the discretion of the Deputy Commissioner, and after serving notice on the landlord and giving him an opportunity to object, and for reasons to be recorded in writing at any time within a period of three years from the date on which the deposit was made, or (b) upon the application of the depositor at any time after the expiration of the said period.

Whenever any deposit has been received by the Deputy Commissioner, no suit shall be maintained, and no application for a certificate under Section 244 shall be entertained, against the person making the deposit, or his representative, on account of any rent which accrued due prior to the date of the deposit unless such suit be instituted or such application be made within six months from the date of the service of the notice issued under Section 56 in respect of such deposit.

(1) Any instalment of rent which is not paid before sunset on the day when the same is payable or, where the State Government is the landlord, is not paid at the end of the agricultural year in which it falls due shall be deemed an arrear of rent, and shall be liable to simple interest not exceeding six and a-quarter per centum per annum: Provided that where a tenant pays his rent in full within the year following the agricultural year in which it accrues due, interest shall not exceed three per centum on the yearly rent, lawfully payable.

When an arrear of rent is adjudged to be due from a tenure-holder not having a permanent or transferable interest in the land, the lease of such tenure-holder shall be liable to be cancelled and the tenure-holder shall be liable to ejectment. Provided that, no such cancellation or ejectment shall be made otherwise than in execution of a decree or order made under this Act.

The rent of a tenancy shall be a first charge on the tenancy : Provided that, if a tenancy is sold in execution of a decree for arrears of rent, the purchaser shall acquire the tenancy free of all liability for rent for any period prior to the date of the sale and rent due for any such period shall be a first charge on the sale proceeds of the tenancy.

(1) When any tenure-holder or occupancy-Raiyat pay for a tenure or holding rent in kind or at rates varying with the crop, or partly in one of those ways and partly in another, or partly in any of those ways and partly in money then the rent so payable shall not be altered, whether by private contract or otherwise, except on the application of either the tenant or his landlord to have the rent commuted to a money-rent. (2) Such application may be made to the Deputy Commissioner or a Revenue Officer. (3) When any such application is made, the Deputy Commissioner or Revenue Officer may, after such inquiry as he thinks fit to make, determine the sum to be paid as money-rent, and may order that the tenant shall, in lieu of paying his rent in kind or otherwise as aforesaid pay the sum so determined. (4) In making the determination, the said officer shall have regard to- (a) the average money-rent payable by tenants for land of a similar description and with similar advantages in the vicinity; (b) the average net value of rent actually received by landlord during the preceding ten years, or during any shorter period for which evidence may be available; Provided that in dealing with applications pending on the date on which the Chota Nagpur Tenancy (Amendment) Act, 1946 (Bihar Act 15 of 1946), comes into force or applications which may be made on and from that date and until such period as may be fixed by notification 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 year before the first day of Asin, 1947 Fasli or for any shorter period before the said date for which evidence may be available; (c) the special circumstances (if any) which gave rise to the assessment of the rent payable by the tenant at the date of the application; (d) the charges incurred by the landlord in respect of irrigation under the system of rent in kind, and the arrangements made on commutation for continuing those charges; and (e) improvements effected by the landlord or the tenant in respect of the tenancy, and shall proceed in the prescribed manner. (5)The order shall be in writing and shall state the grounds on which it is made and the time from which is to take effect. (6) When any such order is made by the Deputy Commissioner, it shall be subject to appeal as provided in Chapter XV. (7) When any such order is made by a Revenue Officer, an appeal shall lie in the prescribed manner and to the prescribed officer. (8) (a) If the landlord has applied under sub-section (1) and the tenure-holder or occupancy-Raiyat objects to the commutation of his rent to money-rent, the officer shall examine the grounds 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 any application of the landlord is accepted under clause (a), or if the landlord has applied under sub-section (1) and the tenure-holder or the occupancy-Raiyat agrees to the commutation of his rent to a money-rent or if the tenure-holder or the occupancy-Raiyat has applied under sub-section (1) the officer shall grant the application.

Where the rent of a tenure or holding has been commuted under Section 61,- (1) it shall not be increased for a period of fifteen years except,- (a) by order of the Deputy Commissioner, on the ground of a landlord's improvement, or an alteration in the area of the tenure or holding, or (b) by order of a Revenue Officer passed under Chapter XII; and (2) it shall not be reduced for a period of fifteen years except,- (i) by order of the Deputy Commissioner on one of the grounds specified in clauses (c), (d) and (f) of Section 33-A, or (ii) by order of a Revenue Officer passed under Chapter XII.

(1) (a) If a landlord or his agent levies, except under any special enactment for the time being in force from a tenant of such landlord, any sum of money or anything in excess of the rent lawfully payable by such tenant for his tenancy and the interest payable on an arrear of such rent, or enforces compliancies by any tenant with any praedial condition to which he is not lawfully entitled such landlord or agent, as the case may be, shall be punishable with simple imprisonment for a term, which may extend to six months, or with fine which may extend to five hundred rupees, or with both. (b) An offence under clause (a) shall be cognizable and bailable and shall be compoundable with the leave of the Court and the provisions of the Code of Criminal Procedure, 1898 (5 of 1898) shall apply to the trial of such offence. (2) Any levy of local cess from a tenant (not being a tenant holding on a permanent 'Mukarrari' lease from a proprietor or permanent tenure-holder in a permanently-settled area),- (a) in excess of the net amount prescribed by clause (2) of Section 41 of the Cess Act, 1880 (Ben. Act 9 of 1880); or (b) on any scale in excess of that prescribed by clause (3) of that Section, shall be deemed to be a levy of money in excess of the rent lawfully payable within the meaning of clause (a) of sub-section (1), and all stipulations and reservations for payment of any such excess contained in any contract made between a landlord and a tenant on or after 13th day of October, 1880, shall be void, unless such contract- (i) was made between a temporary tenure-holder and his landlord before the first day of April, 1920, or (ii) relates to a tenancy situate in pargana Dhalbhum, the Estate of Porahat or the Kolhan Government Estate, in the district of Singhbhum, and was made prior to the first day of October, 1883, the first day of April, 1896, and the first day of September, 1927, respectively. (3) If in any suit application or proceeding under, this Act or any other law the Court or Presiding Officer (not being the Deputy Commissioner) has grounds for believing that any landlord or his agent is guilty of an offence under clause (a) of sub-section (1), such Court or officer shall inform the Deputy Commissioner who may take cognizance of the offence and may either try the case himself or transfer it for trial to a competent Magistrate subordinate to him

Settlement of waste lands belonging to the State Government shall be made by a 'patta' or 'amalnama' in the prescribed form. The 'patta' or 'amalnama' shall be prepared in duplicate, of which one copy shall be given to the 'Raiyat concerned and one copy shall be sent to the Deputy Commissioner of the district.

In the event of any land settled as aforesaid not being brought under cultivation within a period of five years from the date of the settlement, or the land being alienated in contravention of the provisions contained in Section 46, it shall be open to the Deputy Commissioner of the district to set aside the settlement and to make re-settlement of such land in accordance with provision of Section 63-A.