Chapter X Chapter X

[Repealed]

Nothing in Section 64 shall authorise any cultivator to convert into Korkar any orchard or cultivated or homestead land in the direct possession of any other person.

Every Raiyat, who cultivates or holds land which he or any member of his family has converted into Korkar shall have a right of occupancy in such land notwithstanding that he has not cultivated or held the land for a period of twelve years.

No tenant shall be ejected from his tenancy or any portion thereof except in execution of decree or in execution of an order of the Deputy Commissioner passed under this Act. Explanation. - The word 'decree' in this Section shall include a decree passed by the Civil Court.

(1) Every decree for the ejectment of an occupancy-raiyat or a non-occupancy-raiyat the ground,- (a) that he has used the land comprised in his holding in a manner which is not authorised by the local custom or usage or which materially impairs the value of the land or renders it unfit for the purposes of the tenancy; or (b) that he has broken a condition consistent with this Act, on breach of which he is, under the terms of the contract between himself and his landlord, liable to ejectment, shall declare the amount of compensation which would reasonably be payable to the plaintiff for the misuse or breach, and whether, in the opinion of the Court, the misuse or breach is capable of remedy; and shall fix a period during which it shall be open to the defendant to pay that amount to the plaintiff, and where the misuse or breach is declared to be capable of the remedy, to remedy the same. (2) The Court may from time to time, for special reasons, extend period fixed by it under sub-section (1). (3) If the defendant within the period or extended period (as the case may be) fixed by the Court under this Section pay the compensation mentioned in the decree, and, where the misuse or breach is declared by the Court to be capable of remedy, remedies the misuse or breach to the satisfaction of the Court the decree shall not be executed.

A decree or order for ejectment passed under this Act shall take effect from the end of the agricultural year in which it is passed, or to such earlier date (if any) as the Court may direct. Notwithstanding anything contained in this Act, a Court shall continue to exercise jurisdiction,-

(1) in a suit instituted, an application made or a proceeding taken before the commencement of this Act in accordance with the law for the time being in force and pending in such Court at such commencement,

(2) in proceedings with reference to a decree or order (including proceeding by way of execution thereof):

(a) passed or made after the commencement of this Act in a suit, application or proceeding referred to in (1);

(b) passed or made by such Court before the commencement of this Act in any other suit, application or proceeding;

and the provision of Chapter XV of the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908), shall continue to apply to all proceedings with reference to any such decree or order passed under that Act, as if this Act had not been passed.

If any tenant is ejected from his tenancy or any portion thereof in contravention of Section 68 he may, within a period of one year (or, if he is an occupancy-raiyat three years) from the date of such ejectment, present to the Deputy Commissioner an application praying to be replaced in possession of such tenancy or portion; and the Deputy Commissioner may, if he thinks fit after making a summary inquiry, replace him in possession in the prescribed manner. For sub-section (4) of Section 26 of the Bihar and Orissa Public Demands Recovery Act, 1914 (B&O Act 4 of 1914), the following shall be substituted, namely:-

(4) In areas in which the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) is in force,-

(a) the Commissioner may by order in any case in which he may consider it desirable so to do,-

(i) prohibit the sale of any tenure or portion thereof;

(ii) stay any such sale for any period specified in the order;

(b) when a tenure or holding is sold in execution of a certificate for arrears of rent due in respect thereof sub-section (I) shall not apply, but the purchaser shall acquire such right therein as if he had purchased at a sale thereof under sub-section (1) of Section 208 of the Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908) in execution of a decree for such arrears.

If any land is transferred in contravention of Section 46 or any other provision of this Act or by fraudulent method and is held or cultivated by any person with the knowledge of such transfer, he shall be punished with imprisonment of either description for a term which may extend to 3 years or with fine which may extend to one thousand rupees or with both and, in the case of a continuing offence, to a further fine not exceeding fifty rupees for each day during which the offence continues.

(1) A Raiyat not bound by a lease or other agreement for a fixed period may, at the end of any agricultural year surrender his holding with the previous sanction of the Deputy Commissioner in writing. (2) But, notwithstanding the surrender, the Raiyat shall be liable to indemnify the landlord against any loss of the rent of the holding for the agricultural year next following the date of the surrender, unless he gives to his landlord, at least four months before he surrenders, notice of his intention to surrender. (3) The Raiyat may, if he thinks fit, cause the notice to be served through the Court of the Deputy Commissioner within whose jurisdiction the holding or any portion of it is situate. (4) When a Raiyat has surrendered his holding the landlord may enter on the holding and either let it to another tenant or to take it into cultivation himself. (5) Nothing in this Section shall affect any arrangement by which a Raiyat and his landlord may arrange for a surrender of the whole or a part of the holding with the previous sanction of the Deputy Commissioner in writing.

(1) If a Raiyat voluntarily abandons the land held or cultivated by him, without notice to the landlord and ceases either himself or through any other person to cultivate the land and to pay his rent as it falls due, the landlord may at any time after the expiration of the agricultural year in which the Raiyat so abandons and ceases to cultivate, enter on the holding and let it to another tenant or take into cultivation himself. (2) Before a landlord enters under this Section, he shall send a notice to the Deputy Commissioner in the prescribed manner, stating that he has treated the holding as abandoned and is about to enter on it accordingly; and the Deputy Commissioner shall cause a notice of the fact to be published in the prescribed manner and if an objection is preferred to him within one month of the date of publication of the notice shall make a summary inquiry and shall decide whether the landlord is entitled under sub-section (1) to enter on the holding. The landlord shall not enter on the holding unless and until such objection has been decided in his favour, or if no objection is preferred, until the expiration of one month from the date of publication of the notice. (3) When a landlord enters under this Section, the Raiyat shall be entitled to apply to the Deputy Commissioner for the recovery of possession of the land at any time not later than the expiration of three years in the case of an occupancy-Raiyat or in the case of a non-occupancy Raiyat one year, from the date of the publication of the notice; and thereupon, the Deputy Commissioner may on being satisfied that the Raiyat did not voluntarily abandon his holding, restore him to possession in the prescribed manner on such terms (if any) with respect to compensation to person injured and payment of arrears of rent as to the Deputy Commissioner may seem just.

Where a tenure-holder, village headman or Raiyat has been in occupation of a tenure or holding, and a lease is executed with a view to the continuance of such occupation, he shall not be deemed to be admitted to occupation by that lease, notwithstanding that the lease may purport to admit him for occupation.

(1) Every landlord of an estate, tenure or 'Mundari khunt-kattidari tenancy' shall have a right to make a general survey or measurement of the lands comprised in such estate, tenure or tenancy, unless restrained from doing so by express engagement with the occupants of the lands. (2) If any landlord intending to measure any land which he has right to measure is opposed in making such measurement by the occupant of the land, or if any tenant having received notice of the intended measurement of land held or cultivated by him, which is liable to such measurement refuses to attend and point out such land, the landlord may present an application to the Deputy Commissioner. (3) On receipt of such application, the Deputy Commissioner shall, after taking such evidence and making such inquiry as he considers necessary pass an order either allowing or disallowing the measurement, and, if the case so requires, enjoining or excusing the attendance of any tenant. (4) If any tenant, after the issue of an order enjoining his attendance, refuses or neglects to attend, any map or other record of the boundaries and measurements of the land prepared under the direction of the landlord at the time when the tenant was directed to attend, shall be presumed to be correct until the contrary is shown.