Penalty on landlord for levying anything in excess of rent including local cess or of lawful praedial conditions

(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