Chapter XII Chapter XII

(1) The [State] Government may make an order directing that a survey be made and a record-of-rights be prepared, by a Revenue Officer in respect of the lands in any local area, estate, or tenure or part thereof. (2) A notification in the [Official Gazette] of an order under sub-section (1) shall be conclusive evidence that the order has been duly made. (3) The survey shall be made and the record-of-rights shall be prepared in the prescribed manner.

Where an order is made under Section 80, the particulars to be recorded shall be specified in the order and may include, either without or in addition to other particulars, some or all of the following, namely :- (a) the name of each tenant or occupant; (b) the class to which each tenant belongs, that is to say, whether he is a tenure-holder, 'Mundari khunt-kattidah', settled 'Raiyat', occupancy 'Raiyat', non-occupancy-Raiyat khunti' having 'khuntkati' rights, or under-'Raiyat' and, if he is a tenure-holder, whether

The State Government may, for the purpose of settling or averting disputes existing or likely to rise between landlords, tenants, proprietors, or persons belonging to any of these classes, regarding the use or passage of water, make an order directing that a survey be made and a record-of-rights be prepared by a Revenue Officer, in order to ascertain and record the rights and obligations of each tenant and landlord in any local area, estate or tenure or part thereof, in respect of,-

(a) the use by tenants of water for agricultural purposes, whether obtained from a river, 'jhil', tank or well or any other source of supply; and

(b) the repair and maintenance of appliances for securing a supply of water for the cultivation of the land held by each tenant, whether or not such appliance be situated within the boundaries of such land.

(1) When a draft record-of-rights has been prepared under this Chapter, the Revenue Officer shall publish the draft in the prescribed manner and for the prescribed period and shall receive and consider any objections which may be made to any entry therein, or to any omissions therefrom, during the period of publication.

(2) When such objections have been considered and disposed of in the prescribed manner, the Revenue Officer shall finally frame the record, and shall cause it to be finally published in the prescribed manner, and the publication shall be conclusive evidence that the record has been duly made under this Chapter.

(3) Separate draft or final records may be published under sub-section (1) or sub-section (2) for different local areas, estates, tenures or parts thereof.

(1) In any suit or other proceedings in which a record-of-rights prepared and published under this Chapter or a duly certified copy thereof or extract therefrom is produced, such record-of-rights shall be presumed to have bean finally published unless such publication is expressly denied and a certificate, signed by the Revenue Officer, or by the Deputy Commissioner of any district in which its local area, estate or tenure or part thereof to which the record-of-rights relates is wholly or partly situate, stating that the record-of-rights has been finally published, under this Chapter shall be conclusive evidence of such publication.

(2) The State Government may, by notification, declare with regard to any specified area, that a record-of-rights has been finally published for every village included in that area; and such notification shall be conclusive evidence of such publication.

(3) Every entry in a record-of-rights so published shall be evidence of the matter referred to in such entry and shall be presumed to be correct until it is proved, by evidence, to be incorrect.

(1) In every area in respect of which a survey is being or has been made and a record-of-rights is being or has been prepared under Section 80, the Revenue Officer may settle fair rents in respect of any land held by a tenant.

(2) Settlements of rents may be made under sub-section (1) either,-

(i) on the application of any landlord or tenant, or

(ii) without such application, if the State Government so directs.

Explanation. - A superior landlord may apply for a settlement of rents, notwithstanding that his estate or tenure or part thereof is held by a temporary lessee or by a tenant, who holds on a rent which varies with the rent payable by the Raiyats under him.

(3) Such settlements shall ordinarily be made after the final publication of the record-of-rights, and shall not in any case be made on the application of a landlord or tenant after such final publication, unless such application be made within three months from the date of the certificate of such final publication; but may in any case be made before such publication,-

(a) with the consent of the parties concerned, or

(b) if the Revenue Officer considers that, that course would, in the circumstance, be advisable.

(4) Whenever a settlement of rents is made under this Section reasonable notice shall first be given to the parties concerned, and an appeal shall lie, in the prescribed manner and to the prescribed officer, from such settlement.

(5) For the purpose of settling rents under this Section, the Revenue Officer shall have regard to such rules as may be made in this behalf under Section 264.

Where in any proceeding for the settlement of rents under Section 85, any of the following issues arises

(1) In proceedings under this Chapter a suit may be instituted before a Revenue Officer, at any time within three months from the date of the certificate for the final publication of the record-of-rights under sub-section (2) of Section 83 of the decision of any dispute regarding any entry which a Revenue Officer has made in, or any omission which he has made from the record except an entry of a fair rent settled under the provisions of Section 85 before the final publication of the record-of-rights whether such dispute be,-

(a) between the landlord and tenant, or

(b) between landlords of the same or of neighbouring estate, or

(c) between tenant and tenant, or

(d) as to whether the relationship of landlord and tenant exists, or

(e) as to whether land held rent-free is properly so held, or

(ee) as to any question relating to the title in land or to any interest in land as between the parties to the suit; or

(f) as to any other matter;

and the Revenue Officer shall hear and decide the dispute :

Provided that the Revenue Officer may, subject to such rules as may be made in this behalf under Section 264, transfer any particular case or class of cases to a competent Civil Court for trial:

Provided also that in any suit under this Section, the Revenue Officer shall not try any issue which has been, or is already, directly and substantially in issue between the same parties or between parties under whom they or any of them claim, in proceedings for the settlement of rent under this Chapter, where such issue has been tried and decided, or is already being tried, by a Revenue Officer under Section 86 in proceedings instituted after the final publication of the record-of-rights.

(2) An appeal shall lie, in the prescribed manner and to the prescribed Officer from decisions under sub-section (1) and a second appeal to the High Court shall lie from any decision on appeal of such Officer as if such decision were an appellate-decree passed by the Judicial Commissioner under Chapter XVI.

A note of all rents settled under Section 85, and of all decisions under sub-section (1) and decisions on appeal under sub-section (2) of Section 87 shall be made in the record-of-rights as finally published under Section 83 and such note shall be considered as part of the record.

(1) Any Revenue Officer specially empowered by the State Government in this behalf may on application or on his own motion within twelve months from the making of any order or decision under Section 83, Section 85 or Section 86, revise the same, whether it was made by himself or by any other Revenue Officer, but not so as to affect any order passed under Section 87 or any order passed in appeal under Section 85, sub-section (4):

Provided that no such order or decision shall be so revised if a suit or an appeal in respect thereof is pending under Section 85, sub-section (4) of Section 87 until reasonable notice has been given to the parties concerned to appear and be heard in the matter.

(2) An appeal shall lie, in the prescribed manner and to the prescribed Officer, from any order passed under sub-section (1).

(1) When an order has been made under Section 87, or under any law in force before the commencement of this Act, directing the preparation of a record-of-rights, then notwithstanding anything contained in the foregoing Sections of this Chapter, no Deputy Commissioner or Civil Court shall, until six months after the final publication of the record-of-rights, entertain any suit or application (not being an application under the Code of Criminal Procedure, 1898 (5 of 1898)):

(a) in which there is an issue, either directly or indirectly the existence, non-existence, nature or extent in the area to which the record-of-rights applies, of any right referred to in clause (n) of Section 81, or for the determination, assessment or alteration of the sum payable by any person in respect of such right; or

(b) for the alteration of the rent or the determination of the status of any tenant in such area :

Provided that if any person considers himself aggrieved by any act of waste or damage committed by any other person in respect of any waste land or jungle-land during the period within which suits and applications are prohibited by this Section he may apply to the Deputy Commissioner, who may, after such inquiry as he thinks fit, by written order, prohibit the continuance of such waste or damage.

(2) The period during which the institution of a suit or the making of an application has been delayed by sub-section (1) shall be excluded in computing the period of limitation provided for such suit or application.

No suit shall be brought in any Court in respect of any order directing the preparation of a record-of-rights under this Chapter, or in respect of the framing publication, signing or attestation of such a record or of any part of it.

(1) When a record-of-rights in respect of any land has been prepared under this Chapter, and finally published, no application or suit affecting any such land or any tenant thereof shall, within six months from the date of the certificate of final publication of such record-of-rights, be made or instituted before the Deputy Commissioner or in any Civil Court for the decision of any of the following issues, namely -

(a) whether the relation of landlord and tenants exists;

(b) whether the land is part of a particular estate or tenancy;

(c) whether there is any special condition or incident of the tenancy; or

(d) whether any easement attaches to the land.

(2) If before the final publication of the record-of-rights in such area, a suit involving the decision of any of the issues mentioned in sub-section (1) has been instituted before the Deputy Commissioner or in a Civil Court, the Revenue Officer shall not entertain any suit under Section 87 involving the decision of the same issue.

(3) Where the making of an application or the institution of a suit has been delayed by sub-section (1), the period of six months therein mentioned shall be excluded in computing the period of limitation provided for such suit or application.

(1) When the rent of an occupancy holding is entered in a record-of-rights which has been prepared and finally published under this Chapter or any law in force before the commencement of the Act or has been reduced under this Chapter then subject to the provisions of Sections 85, 87, 89 and 90 such rent shall not, except on the ground of a landlord's improvement, be enhanced for a period,-

(a) fifteen years after the final publication of the record-of-rights when such publication was made after the commencement of this Act, or

(b) seven years after the final publication of the record-of-rights when such publication was made before the commencement of this Act;

and such rent shall not be reduced within the said period respectively, save on the ground of alteration in the area of the holding or under Section 33-A;

and no demand for rent in respect of an occupancy holding in excess of the amount entered in the said record-of-rights, shall be enforceable, save as provided in this Chapter or in Section 32 or, where proceedings by way of appeal or revision were pending on the date of final publication of the record-of-rights, save in accordance with the decision in such proceedings or, in any appeal preferred therefrom:

Provided that in any area in respect of which a record-of-rights has been finally published before the commencement of this Act, a Revenue Officer may on the application of any landlord, made within two years from the commencement of this Act, assess a fair rent on lands which are included in a holding and are assessable with rent but for which no rent has been paid or has been entered as payable in the record-or-rights.

(2) The periods of fifteen years and seven years mentioned in clauses (a) and (b) of sub-section (1) shall be counted from the date of the final publication of the record-of-rights.

(1) When the preparation of a record-of-rights has been directed or undertaken under this Chapter, the expenses incurred in carrying out the provisions of this Chapter in any local area, estate, tenure or part thereof (including expenses that may be incurred at any time, whether before or after the preparation of the record-of-rights, in the maintenance, repair or restoration of boundary marks and other survey marks erected for the purpose of carrying out the provision of this Chapter), or such part of those expenses as the State Government, may direct, shall be defrayed by the landlords, tenants and occupants of land in the local area, estate, tenure or part, in such proportions and in such instalment (if any), as the State Government, having regard to all the circumstances may determine.

(2) The cost of preparing copies of survey maps and extracts from record-of-rights under this Chapter for distribution to landlords, and tenants shall be deemed to be part of the expenses incurred in carrying out the provisions of this Chapter.

(3) The estimated amount of the expenses likely to be incurred for the maintenance, repair or restoration of boundary-marks for a period not exceeding fifteen years or such part of such amount as the State Government may direct, may be recovered in advance in the same manner as if such expenses had been already incurred.

(4) The portion of the expenses referred to in the foregoing provisions of this Section which any person is liable to pay shall be recoverable by the State Government as if it were an arrear of land-revenue due in respect of the said local area, estate, tenure or part.

Explanation. - The word "tenure" in this Section includes all revenue-free and rent-free tenures and holdings within a local area, estate or tenure. (4) The portion of the expenses referred to in the foregoing provisions of this Section which any person is liable to pay shall be recoverable by the State Government as if it were an arrear of land-revenue due in respect of the said local area, estate, tenure or part. Explanation. - The word "tenure" in this Section includes all revenue-free and rent-free tenures and holdings within a local area, estate or tenure.

In framing a record-of-rights, and in deciding disputes under this Chapter the Revenue Officer shall give effect to any lawful agreement or compromise made or entered into by any landlord and his tenant : Provided as follows :-(a) the Revenue Officer shall not give effect to any agreement or compromise and terms of which, if they were embodied in a contract could not be enforced under this Act; and (b) where the terms of any agreement or compromise are such as might unfairly or inequitably affect the right of third parties, the Revenue Officer shall not give effect to such agreement or compromise unless and until he is satisfied by evidence that the statements made by the parties thereto are correct.

When a rent is settled by Revenue Officer under this Chapter, it shall take effect from the beginning of the agricultural year next after the date of the decision finally fixing the rent.

(1) The State Government may at any time, either of its own motion or on the application of any landlord or tenant, direct that any record-of-rights which has been finally published under this Act or under any law in force before the commencement of this Act, or any portion of any such record-of-rights, be revised, in the prescribed manner, but not so as to affect any rent entered therein. (2) At any time after the expiration of the period of,- (a) fifteen years from the date of the certificate of the final publication of a record-of-rights, when such publication was made after the commencement of this Act, or (b) seven years from the date of the certificate of the final publication of a record-of-rights, when such publication was made before the commencement of this Act, and thereafter, at intervals of periods of fifteen years, the State Government may, of its own motion or on the application of any landlord or tenant direct,- (i) that such record-of-rights or any portion thereof be revised in the prescribed manner; and (ii) that a settlement of rents payable by tenants be made under Section 85. (3) The foregoing Sections of this Chapter shall, subject to any rules made in this behalf under Section 264, apply to every revision and settlement referred to in sub-section (1) or sub-section (2).

If the State Government rejects any application made by a landlord under Section 98, sub-section (2), for a revision of a record-of-rights after the expiration of the period of fifteen years or the period of seven years as the case may be, referred to in that sub-section, such landlord may apply to Deputy Commissioner for the enhancement of any rent entered in such record-of-rights as being payable to him.

Where a direction has been given any order made under Section 101 of the Bengal Tenancy Act, 1885 (2 of 1885), before the commencement of this Act, for the record of any rights of the kind mentioned in clause (n) of Section 81 of this Act, such direction shall be deemed to be as valid as if the said clause had been enacted before such order was made.

From and after the commencement of this Act,- (a) no tenancy shall be created with any praedial condition attached, other than rent-free tenancies with the sole condition of rendering personal service; and (b) no new praedial condition shall be imposed on any tenancy in existence at any time of such commencement.

When the original conditions of a tenancy cannot be ascertained, the tenants shall not be liable to any praedial conditions other than or in excess of those to which, by local custom or usage, he, in common with the general body of the class to which he belongs in the village tenure or estate in which the lands of the tenancy are situated, is liable : Provided that, in any case in which praedial conditions have been complied with by a tenant for a period of five years continuously, any Revenue Officer acting under this Chapter may, when commuting such conditions under this Chapter, presume that the same have been complied with in accordance with local custom or usage or in accordance with an express or implied contract made at the commencement of the tenancy.

When in any proceedings under this Act, it becomes necessary for a Court to calculate the value of any praedial condition such value shall be taken to be its average value during the ten years immediately prior to the proceedings, or during any shorter period for which evidence may be available.

When in any suit for the recovery of rent, it is sought to recover the value of the praedial conditions appurtenant to a tenancy, an issue may be framed as to whether the value of the praedial conditions, when added to the rent payable in respect of the tenancy, exceeds a fair rent, and, if it is found that the resulting amount exceeds a fair rent, the Court shall decree the rent and so much (if any) of the value of the praedial conditions as, together with the rent will not exceed the sum which would, having regard to the special circumstances of the case, be a fair rent.

(1) When any land is held subject to any praedial conditions, the tenant or the landlord may apply in writing to a Revenue Officer for commutation of such conditions. (2) The Revenue Officer shall thereupon cause a notice to be served on the landlord or the tenant, as the case may be, and shall fix a day for considering the application; and on such day, or any day thereafter, to which the hearing may be adjourned, shall proceed to inquire into the matter and to determine the amount which, in his judgement is fairly and equitably payable in commutation of such conditions. (3) In calculating the said amount, the Revenue Officer shall have regard only to the conditions to which the tenant is liable in accordance with local custom or usage or with any contract made when the tenancy commenced and to the money value of such conditions at the time of making such calculation shall follow the procedure provided in Section 103: Provided that the amount payable in commutation shall be so fixed that the total annual rent of the land, including such amounts as aforesaid, shall no: exceed the sum which would, having regard to the special circumstances of the case be a fair and reasonable rent if the land were not held subject to any praedial conditions.

(1) The State Government may, in any case in which it is, in its opinion, expedient so to do, make an order directing either,- (a) that a record of all praedial conditions to which the lands within any local area or any estate, tenure or part thereof are subject shall be prepared, and a commutation of such conditions made, by a Revenue Officer; or (b) that a record as aforesaid be made by a Revenue Officer without commutation of such conditions as aforesaid. (2) A notification in the Gazette of an order under this Section shall be conclusive evidence that the order has been duly made. (3) The record of praedial conditions shall be prepared in the prescribed manner.

(1) Whenever an order is made under Section 106, the Revenue Officer shall thereupon proceed to prepare a record containing the following particulars, namely: (a) the name of each tenant; (b) the name of his landlord; (c) the rent payable for the lands held by each tenant at the time the record is being prepared; (d) the praedial conditions to which all or any of such lands are subject; (e) the amount in which the judgement of the Revenue Officer, may fair try be deemed payable in commutation of such conditions; and (f) any other prescribed particulars. (2) In calculating the amount payable commutation of such conditions the Revenue Officer shall be guided by the provision of Section 105, sub-section (3).

(1) When the Revenue Officer has prepared a record under Section 107, he shall cause a draft of the same to be locally published in the prescribed manner and for the prescribed period, and shall receive and consider any objections which may be made to any entry therein or to any omission therefrom during the period of publication. (2) When objection have been considered and disposed of in the prescribed manner, the record shall be finally framed and published in the prescribed manner. (3) Separate draft or records may be published under sub-section (1) or subsection (2) for different local areas, estates, tenure or part thereof.

An appeal shall lie, in the prescribed manner and to the prescribed Officer, from any order of Revenue Officer under this Chapter.

The Commissioner or the Board may direct the revision of any record prepared under this Chapter of any portion of such record, at any time within two years from the date of the final publication of the record, but not so as to affect any decision from which an appeal has been preferred under Section 109: Provided that no such direction shall be made until reasonable notice has been given to the parties concerned to appear and be heard in the matter.

In every local area, estate, tenure or part thereof in which a survey is being made and a record-of-rights is being prepared under this Act or under any law in force before the commencement of this Act, and in which a record of praedial conditions are being prepared and a commutation thereof is being made an order issued under Section 106. Sections 107 to 109 shall not apply, and the following provisions shall have effect, namely :- (1) The Revenue Officer shall at the time of attesting the preliminary record, ascertained all the praedial conditions to which, by local custom or usage or by contract made when the tenancy commenced each tenant is liable, and the cash value of such condition and shall prepare a statement, in the prescribed form showing the conditions and values so ascertained. (2) In calculating the cash value of such conditions, the Revenue Officer, shall be guided by the provisions of Section 105, sub-section (3). (3) The Revenue Officer shall enter in the Khatiyan of each tenant the cash value of the praedial condition (if any) to which such tenant is liable as ascertained under clause (1). (4) If any tenant is liable, by local custom or usage or by contract made when the tenancy commenced, to any praedial conditions other than those to which the general body of tenants are liable or is not liable to all the praedial conditions to which the general body of tenants are liable, the Revenue Officer shall also specify in the Khatiyan the praedial condition to which such tenant is liable. (5) The statement prepared under Clause (1), and the entries in the Khatiyan shall be published in draft in the same manner and for the same period as the record-of-rights. (6) Objection as to entries or omission in the statement of Khatiyan relating to praedial condition may be made under the same condition as objection to entries in or omission from the record-of-rights and shall be disposed of in the same manner as such objections. (7) After the disposal of objections, the said statement, and the entries in the Khatiyan relating to praedial conditions shall be finally published at the same time and in the same manner as the record-of-rights. (8) At any time within three months from the date of the certificate of the final publication of the record-of-rights, a suit may be instituted before a Revenue Officer for the decision of any dispute regarding any entry in the record relating to praedial conditions or regarding any omission to enter any such conditions in the record and; the Revenue Officer shall hear and decide the dispute. (9) In all such suits, the Revenue Officer shall, subject to any rule made in this behalf under Section 264 adopt the procedure laid down in Chapter XVI for the trial of suits. (10) An appeal shall lie, in the prescribed manner and to the prescribed officer, from any decision of a Revenue Officer under Clause (8).

A note of all decisions under Clause (8) and decisions on appeal under clause (10) of Section 111 shall be made in record-of-rights as finally published under Section 83 and such note shall be considered as part of the record.

Where, in any proceeding under this Chapter or under Section 61, a question arises as to whether a payment in kind is a praedial condition or a payment of rent in kind the Revenue Officer acting under this Chapter or the officer acting under Section 61, as the case may be, shall after such inquiry as he may consider necessary, decide whether in fact the payment is a praedial condition or not.

(1) When the commutation of any praedial conditions is settled under this Chapter, for any local area or estate, tenure or part thereof, the settlement shall take effect from the beginning of the agricultural year next after the final publication of the record. (2) The amount determined by a Revenue Officer under this Chapter to be payable by a tenant in commutation of praedial condition shall be deemed to be part of the rent payable by the tenant and shall be recoverable accordingly.

When in any case, the proceedings under Section 105 have been completed, the Revenue Officer shall apportion the total expenses thereof between the landlord and tenant in such proportion as, having regard to all the circumstances, he may deem fit; and the amount so apportioned shall be recoverable as an arrear of land revenue.

The expenses incurred by the State Government; in carrying out in any local area or any estate, tenure or part thereof any order made under Section 106 or such part of those expenses as the State Government may direct shall be defrayed by the landlords and tenants of land in that local area, tenure or part, in such proportions as the State having regard to all circumstances, may determine. (2) The portion of the aforesaid expenses which any person is liable to pay shall be recoverable by the State Government as if it were an arrear of land revenue due in respect of the said local area, estate, tenure or part. Explanation. - The word "tenure" in this Section includes all revenue-free and rent-free tenures and holdings within a local area, estate or tenure.

No proceedings under this Chapter shall bar the right of any tenant or landlord to claim a reduction or enhancement of rent under this Act after such proceedings have been completed.