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Bihar Tenancy Act, 1885

8 of 1885
[14 March 1885]
CONTENTS

CHAPTER 1 :- PRELIMINARY
1. Short title
2. Repeal
3. Definitions
CHAPTER 2 :- CLASSES OF TENANTS
4. Classes of tenants
5. Meaning of tenure-holder" and raiyat
CHAPTER 3 :- TENURE-HOLDERS
6. Tenure held since Permanent Settlement liable to enhancement only
in certain cases
7. Limits of enhancement of rent of tenures
8. Power to order gradual enhancement
9. Rent once enhanced may not be altered for fifteen years
10. Permanent tenure-holder not liable to ejectment
11. Transfer and transmission of permanent tenure
12. Voluntary transfer of permanent tenure
13. Transfer of permanent tenure by sale in execution of decree other
than decree for rent
14. Transfer of permanent tenure by sale in execution of decree for
rent
15. Succession to a permanent tenure
15A. Penalty for failure to give notice of succession
16. Bar to recovery of rent, pending notice of succession
17. Transfer of, and succession to, share in permanent tenure
18. Incidents of holding at fixed rates
CHAPTER 4 :- PROVI SI ONSAS TO TRANSFERS OF TENURES AND
HOLDINGS AND LANDLORD'S REGISTRATION FEES
18A. Saving as to statements in instruments of transfer where landlord
is not a party
18B. Saving as to acceptance of landlords fees
18C. Forfeiture of unclaimed landlords fees
CHAPTER 5 :- OCCUPANCY-RAIYATS
19. Continuance of existing occupancy rights
20. Definition of settled raiyats
21. Settled raiyat to have occupancy rights
21A. Settlement of bakasht lands
22. Effect of acquisition of occupancy right by landlord
23. Right of raiyat in respect of use of land
23A. Right of occupancy raiyat in trees
24. Obligation of raiyat to pay rent
25. Protection from eviction except on specified grounds
25A. Division of holding by partition and distribution of rent thereon
26. Devolution or occupancy right on death
26A. Transfer and bequest of occupancy-holdings or portions thereof
26B. Notice of transfers made before the commencement of the Bihar
Tenancy (Amendment) Act, 1938
26C. Compulsory registration of certain transfers
26D. Landlords transfer fee
26E. Payment of landlords transfer fee to the landlord or its deposit
with the Collector
26F. Effect of payment of landlords transfer fee to landlord--landlords
consent
26G. Collector to serve notice on landlord
26H. Application for payment of landlord
26I . Procedure to be followed by the Collector when no application
received, or when the only applicant is the landlord in whose favour
the sum was deposited
26J. Hearing of application
26K. Disposal of undelivered sums
26M. Sale of occupancy-holding in execution of decree of certificate
26 N . Landlords consent deemed to have been given to transfer of
occupancy-holding made before 1st January, 1923
26O. Transfers of occupancy-holding made after 1st January 1923 and
before date of commencement of Bihar Tenancy (Amendment) Act,
1934--transferee may pay the landlords transfer fee to landlord or
deposit it with Collector. Amount of landlords transfer fee.
26P. Sums recoverable as public demands
27. Presumption as to fair and equitable rent
28. Restriction on enhancement of money-rents
29. Enhancement of rent by contract
30. Enhancement of rent by suit
31. Rules as to enhancement on ground of prevailing rate
31A. What may be taken in certain districts to be "prevailing rate"
31B. Limit to enhancement of prevailing rate
32. Rules as to enhancement on ground of rise in prices
33. Rules as to enhancement on ground of landlords improvement
3 4 . Rules to enhancement on ground of increase in powers due to
fluvial action
35. Enhancement by suit to be fair and equitable
36. Power to order progressive enhancement
37. Limitation of right to bring successive enhancement suits
38. Reduction of rent
39. Price-lists of staple food-crops
40. Commutation of rent payable in kind
40A. Period for which commuted rents are to remain unaltered
40B. Right to apply for commutation in respect of trees and procedure
on receipt of such application
CHAPTER 6 :- NON-OCCUPANCY RAIYATS
41. Application of Chapter
42. Intail rent of non-occupancy-raiyat
43. Conditions of enhancement of rent
44. Grounds on which non-occupancy-raiyat may be ejected
45. Conditions of ejectment on ground of expiration of lease
4 6 . Conditions of ejectment on ground of refusal to agree to
enhancement
47. Explanation of "admitted to occupation"
CHAPTER 7 :- UNDER-RAIYATS
48. Limit of rent recoverable from under-raiyats
48A. Limit of produce-rent recoverable from under raiyats
48B. Restriction on payment of certain kinds of rent by an under-raiyat
48C. Acquisition of right of occupancy by under-raiyats
48D. Acquisition of raiyati right by occupancy under-raiyat
4 8 E . Prevention of threatened ejectment of under raiyat and
restoration to possession of under-raiyat unlawfully ejected
48F. Appeals
49. Grounds on which under-raiyats, without occupancy right may be
ejected
49A. Omitted
CHAPTER 7 :- RE S T RI CT I ONSON ALIENATION OF "LAND BY
PROTECTED TENANTS
49AA. Definition
49B. Application of Chapter
49C. Restriction on transfer of tenants rights
49D. Lease by tenure holder
49E. Sub-letting by raiyat
49F. Usufructuary mortgage by tenure-holders, raiyat or under-raiyat
49G. Application to Collector for transfer in certain cases
49H . Power of Collector to eject mortgagee for wilful neglect to pay
rents of mortgaged land
4 9 K . Power to Collector to set aside improper transfers by tenure
holder, raiyat or under raiyat
49KK. Prevention of ejectment of settlees and lessees of Government
landand lessees of Government land
49L. Resettlement of certain tenancies
49M. Restrictions on sale of tenants rights under order of Court
49N. Stay or execution of decrees
49O. Appeal and revision
49P. Bar to suits
49Q. Saving of certain transfers
CHAPTER 7B :- SETTLEMENT OF WASTE LANDS
49R. Settlement of waste lands to be made by patta
49S. Settlement liable to be set aside
CHAPTER 8 :- GENERAL PROVISIONS AS TO RENT
50. Rules and presumptions as to fixity of rent
51. Presumption as to amount of rent and conditions of holding
52. Alteration of rent in respect of alteration in area
52A. Abatement of rent on account of diluvion and re-entry into lands
which reform on the old site
5 2 B . Tenant not liable to pay rent of holding for the period of
dispossession
53. Installments of rent
54. Time and place for payment of rent
55. Appropriation of payments
56. Tenant making payment to his landlord entitled to a receipt
57. Tenant entitled to full discharge of statement of account at close of
year
5 8 . Penalties and fine for withholding receipts and statements of
accounts and failing to keep counterparts
59. State Government to prepare forms of receipt and account
60. Effect of receipt by registered proprietor, manager or mortgagee
61. Application to deposit rent in Court
6 2 . Receip t granted by Court for rent deposited to be a valid
acquittance
63. Notification of receipt of deposit
64. Payment of refund of deposit
65. Liability to sale for arrears in case of permanent tenure, holding at
fixed rates or occupancy-holding
66. Ejectment for arrears in other cases
67. Interest on arrear
68. Power to award damages on rent without reasonable cause, or to
defendant improperly used for rent
69. Order for dividing produce
70. Procedure where officer appointed
71. Rights and liabilities as to possession of crop
72. Tenant not liable to transferee of landlords interest for rent paid to
former landlord without notice of the transfer
73. Liability for arrear of rent on transfer of whole or part of holding
74. Abwab, etc., illegal
75. Penalty for illegal exactions by landlord or agent of landlord
CHAPTER 9 :- MISCELLANEOUSPROVISIONS AS TO LANDLORD AND
TENANTS
76. Definition of "improvement"
77. Right to make improvements in cases of holding at fixed rates and
occupancy-holding
78. Collector to decide question as to right to make improvements, etc
79. Right to make improvements in case of non-occupancy holding
80. Registration of landlords improvements
81. Application to record evidence as to improvement
82. Compensation for raiyat improvements
83. Principle on which compensation is to be estimated
84. Acquisition of land for building and other purposes
85. Restrictions on sub-letting
86. Surrender
87. Abandonment
88. Division of tenancy not binding on landlord without his consent
88A. Division of tenure or holding and distribution of rent
88B . Effect of acceptance of rent distribution fee by landlord or his
agent
8 8 C . Procedure when landlord or his agent does not accept rent
distribution fee
88D. Collector to serve notice upon landlord or landlords
88E. Application for payment of deposit
88F. Procedure to be followed by Collector on receipt of application
88G. Procedure to be followed by Collector when no application made
88H . Summary rejection of application if made after payment of rent
distribution fee by Collector
88I. Sums recoverable as public demands
89. No ejectment except in execution of decree
90. Landlords right to measure land
91. Power for Court to order tenant to attend and point out boundaries
92. Standard of measurement
93. Power to call upon co-owners to show cause, why they should not
appoint a common manager
94. Power to order them to appoint a manager, if cause is not shown
95. Power to appoint manager, if order is not obeyed
96. Power to nominate person to act in all cases under clause (b) of
last section
97. The Court of Wards Act, 1879, applicable to management by Court
of Wards
98. Provisions applicable to manager
99. Power to restore management to co-owners
100. Power to make rules
CHAPTER 10 :- RECORD-OF-RIGHTS AND SETTLEMENT OF RENTS
101. Power to order survey and preparation of record-of-rights
102. Particulars to be recorded
102A. Power to order survey and preparation of record-of-rights as to
water
103. Power for Revenue-Officer to record particulars on application of
proprietor, tenure holders, or large proportion of raiyat
103 A . Preliminary publication, amendment and final publication of
record-of-rights
103B. Presumption as to final publication and correctness of record-of-
rights
104. Settlement of rents and preparation of Settlement Rent-roll when
to be undertaken by Revenue-officer
104A. Procedure for settlement of rents and preparation of Settlement
Rent-roll under this Part
104B. Contents of Table of Rates
104C. Application of Table of Rates
104D. Rules and principles to be followed in framing Table of Rates and
setting rents in accordance therewith
104E. Preliminary publication and amendment of Settlement rent-roll
104F. Final revision of settlement Rent-roll-incorporation of the same in
record-of-rights
104G. Appeal to and revision by, superior Revenue authorities
104H. Section 104H
104J. Presumptions to rates settled under sections 104A to 104G
1 0 5 . Settlement of rents by Revenue-officer in cases where a
settlement of land revenue is not being or not about to be made
105A. Decision of question arising during the course of settlement of
rents under this Part
106. Institution of suit before a Revenue-officer
107. Procedure to be adopted by Revenue-officer
108. Revision by Revenue-officer
108A. Correction by Collector or Revenue-officer of mistakes in record
of-rights
109. Omitted
109A. Appeals from decisions of Revenue-officers
1 0 9 B . Po w e r of Revenue-officer to give effect to agreement or
compromise
109C. Power to Revenue Officer to settle rent on agreement
109D. Note of decisions on record
110. Date from which settled rent takes effect
111. Section 111
111A. Section 111A
111B. Section 111B
112. Power to authorise special settlement in special cases
112A. Power to revise rents of certain holdings
112B. Appeal
113. Period for which rents settled are to remain unaltered
114. Expenses of proceedings under Chapter
115. Presumption as to fixity of rent not to apply where record-of-
rights has been prepared
115A. Demarcation of village boundaries
CHAPTER 11 :- NON-ACCRUAL OF OCCUPANCY AND NON-OCCUPANCY
RIGHTS AND RECORD OF PROPRIETORS' PRIVATE LANDS
116. Saving as to certain lands
117. Power for Government to order survey and record of proprietors
private lands
118. Power for Revenue
119. Procedure for recording private land
CHAPTER 12 :- SPECIAL PROCEDURE FOR REALISATION OF RENT IN
CERTAIN CIRCUMSTANCES
120. Rules for determination of proprietors private land
121. Cases in which an application for distraint may be made
122. Form of application
123. Procedure on receipt of application
124. Execution of order for distraint
125. Service of demand and account
126. Right to reap etc. produce
127. Sale proclamation to be issued unless demand is satisfied
128. Place of sale
129. When produce may be sold standing
130. Manner of sale
131. Postponement of sale
132. Payment of purchase money
133. Certificate to be given to purchaser
134. Proceeds of sale how to be applied
135. Certain persons may not purchase
136. Procedure where demand is paid before sale
137. Amount paid by under-tenant for his lessor may be deducted from
rent
138. Conflict between rights of superior and inferior landlords
139. Distraint of property which is under attachment
140. Suit for compensation for wrongful distraint
141. Power for State Government to make rules
142. Power of State Government to issue notification and prescribe
procedure and authority for realisation of rent in certain circumstance
CHAPTER 13 :- JUDICIAL PROCEDURE FOR THE RECOVERY OF RENT
BY SUIT
143. Power to modify Civil Procedure Code in its application to landlord
and tenant Suits
144. Jurisdiction in proceedings under the Act
145. Naibs or gumashtas to be recognized agents
146. Special register of suits
147. Successive rent-suits
147A. Compromise of suits between landlord and tenant
147B. Regard to be had by Civil Court to entries in record-of rights
148. Procedure in rent suits
148A. Suits for arrears of rent by co-sharer landlords
148AA. W hen a raiyat may be held to be a habitual defaulter and
consequences of such finding
148B. Payment of decretal amount in instalments
149. Payment in to Court of money admitted to be due to third person
150. Payment into Court of money admitted to be due to landlord
151. Provision as to payment of portion of money
152. Court to grant receipt
153. Appeals in rent suits
153A. Deposit on application to set aside ex-parte decree
154. Date from which decree for enhancement takes effect
155. Relief against forfeitures
156. Rights of ejected raiyats in respect of crops and land prepared for
sowing
157. Power for Court to fix fair rent as alternative to ejectment
158. Application to determine incidents of tenancy
158AA. Execution of decrees for arrears of rent
158B. Passing of tenure or holding solid in execution of decree
159. General powers of purchaser as to avoidance of incumbrances
160. Protected interests
1 6 1 . M e a n i n g of "incumbrance", "Registered and notified
incumbrances" and "Arrears" and "Arrears of rent"
162. Application for sale of tenure or holding
162A. Sale of a portion of holding
1 6 3 . O rd e r of attachment and proclamation of sale to be issued
simultaneously
163 A . Holding or portion not to be sold for price lower than that
specified in proclamation of sale
163B. Distribution of rent of holding a portion of which is sold in
execution of decree for arrears of rent
1 6 4 . Sale of tenure or holding subject to registered and notified
incumbrances, and effect thereof
165. Sale of tenure or holding with power to avoid all incumbrances
and effect thereof
166. Sale of occupancy holding with power to avoid all incumbrances
and effect thereof
1 6 7 . Procedure for annulling incumbrances under the foregoing
sections
1 6 8 . Pow e r to direct that occupancy-holding be dealt with under
foregoing sections as tenures
169. Rules for disposal of the sale proceeds
1 7 0 . Tenure or holding to be released from attachment only on
payment into Court of amount of decree, with costs, or on confession
of satisfaction by decree-holder
171. Amount paid into Court to prevent sale to be in certain cases a
mortgage debt on the tenure or holding
171A. T he amount paid by mortgagor to prevent sale together with
fifty per-centum to be deemed to be debt due from the mortgages
172. Inferior tenant paying into Court may deduct from rent
173. Decree-holder may bid at sale; judgment-debtor may not
174. Application by judgment-debtor to set aside sale
174A. Application for delivery of possession
175. Registration of certain instruments creating incumbrances
176. Notification of incumbrances to landlord
177. Power to create incumbrance not extended
CHAPTER 14 :- CONTRACT AND CUSTOM
177A. Exemption
178. Restrictions on exclusions of Act by agreement
178A. Restriction on payment of certain kind of rent by agreement
178B. Restriction on share of produce rent payable to landlord by
agreement
178C. Landlord not entitled to a share in straw or bhoosa in produce
rents
179. Permanent mukarrari leases
180. Utbandi, chur and diara land
181. Saving as to service tenures
182. Homesteads
183. Saving of custom
CHAPTER 15 :- LIMITATION
184. Limitation in suits, appeals and applications in Schedule III

CHAPTER 16 :- SUPPLEMENTAL
185. Portions of the Indian Limitation Act not applicable to such suits
etc
186. Penalties for illegal interference with produce
186A. Damages for denial of landlords title
187. Power for landlord to act through agent
188. Joint landlord to act collectively or by common agent
188A. Procedure in suits by joint-landlords
189. Power to make rules
189A. Transfer of proceedings
190. Procedure for making publication and confirmation of rules
191. Saving as to land held in a district not permanently settled
192. Power to alter rent in case of new assessment of revenue
193. Right or pasturage, forest rights, etc
194. Tenant not enable by Act to violate conditions binding on landlord
195. Savings for special enactments
196. A ct to be read subject to Acts hereafter passed by Lieutenant
Governor of Bengal in Council
SCHEDULE 1 :- SCHEDULE
SCHEDULE 2 :- SCHEDULE
SCHEDULE 3 :- LIMITATION
Bihar Tenancy Act, 1885
8 of 1885
[14 March 1885]
An Act to amend and consolidate certain enactments relating to the
Law of Landlord and Tenant within the territories under the
administration of the Lieutenant-Governor of Bengal.
Whereas it is expedient to amend and consolidate certain enactments
relating to the law of Landlord and Tenant within the territories under
the administration of the Lieutenant-Governor of Bengal; It is hereby
enacted as follows:--
CHAPTER 1 PRELIMINARY
1. Short title :-

(1) This Act may be called the Bihar Tenancy Act, 1885.
(2) Commencement.--
It shall come into force on such date (hereinafter called the
commencement of this Act) as the State Government with the previous
sanction of the Central Government may, by notification in the Official
Gazette, appoint in this behalf.
1[(3) Local extent.--
It shall extend to the whole of the State of Bihar except--
(a) the areas comprised within the districts of North Chotanagpur
Division, South Chotanagpur Division 2[Palanau Division] and Santhal
Parganas Division; and
(b) any area constituted or deemed to have been constituted a
Municipality under the Bihar and Orissa Municipal Act, 1922 (B. & O.
Act 7 of 1922) or part thereof or which is under a cantonment if such
area is specified in a notification issued in this behalf by the State
Government]
1. Substituted by Act 8 of 1987.
2. Inserted by Act 3 of 1995 (w.e.f. 3.5.1992)

2. Repeal :-

The enactments specified in Schedule I hereto annexed are repealed in

the districts to which this Act extends.
( 2 ) Any enactment or document referring to any enactment hereby
repealed shall be construed to refer to this Act or to the corresponding
portion hereof.
The repeal of any enactment by this Act shall not revive any right,
privilege, matter or thing not in force or existing at the commencement
of this Act.
3. Definitions :-

In this Act, unless there is something repugnant in the subject or

context--
(1) "Estate" means land included under one entry in any of the general
registers of revenue-paying and revenue-free lands, prepared and
maintained under the law for the time being in force by the Collector of
a district, and includes Government khas mahals and revenue-free
lands not entered in any register;
(2) "Proprietor" means a person owning whether in trust or for his own
benefit, an estate or part of an estate;
(3) "Tenant" means a person who holds land under another person,
and is, or but for a special contract would be liable to pay rent for that
land to that person;
(4) "Landlord" means a person immediately under whom a tenant
holds, and includes the Government.
(5) "Rent" means whatever is lawfully payable or deliverable in money
or kind by a tenant to his landlord on account of the use or occupation
of the land held by the tenant:
in sections 53 to 67, both inclusive, sections 72 to 75, both inclusive,
Chapter XII, Chapter XIII andSchedule III of this Act, "rent" includes
also money recoverable under any enactment for the time being in
force as if it was rent;
( 6 ) "Pay", "payable" and "payment", used with reference to rent,
include "deliver", "deliverable" and "delivery";
(7) "Tenure" means the interest of a tenure-holder or an under tenure
holder;
(8) "Permanent tenure" means a tenure which is heritable and which is
not held for a limited time;
(9) "Holding" means a parcel or parcels of land held by a raiyat and
forming the subject of a separate tenancy;
(10) "Village" means the area defined, surveyed and recorded as a
distinct and separate village in--
(a) the general land-revenue survey which has been made of the
districts to which this Act extends, or
(b) any survey made by the Government which may be adopted by
notification in the Official Gazette as defining villages for the purpose
of this clause in any specific area;
and where a survey has not been made by, or under the authority of
the Government, such area as the Collector may, with the sanction of
t h e Board of Revenue, by general or special order, 1declare to
constitute a village;
(11) "Agricultural year" means, where the Bengali year prevails, the
year commencing on the first day of 2[Baisakh], where the Fasli or
Amli year prevails, the year commencing on the first day of 3[Asin],
and, where any other year prevails for agricultural purposes, that year:
4[Provided that, where the State Government is the landlord, the year
commencing from the first day of April shall be the agricultural year for
the purposes of this Act;]
(12) "Permanent Settlement" means the permanent Settlement of
Bengal, Bihar and Orissa, made in the year 1793;
(13) "Succession" includes both intestate and testamentary succession;
(14) "Signed" includes "marked" when the person making the mark is
unable to write his name; it also includes "stamped" with the name of
the person referred to;
(15) "Prescribed" means prescribed from time to time by the State
Government by notification in the Official Gazette;
(16) "Collector" means the Collector of a district or any officer
appointed5 by the State Government to discharge any of the functions
of a Collector under this Act;
(17) "Revenue-officer" in any provision of this Act, includes any officer
whom the State Government may 5[appoint, by name or by virtue of
his office, to discharge any of the functions of a Revenue-officer under
that provision;
(18) "Registered" means registered under any Act 6[for the time being
in force for the registration of documents]7.
8[(19) "To cultivate personally with its cognate expression means to
cultivate on ones own account, namely:--
(a) by ones own labour; or
(b) by the labour of any member of ones family which consists of the
tenant his or her spouse or spouses and their sons and unmarried
daughter; or
(c) by hired labour or by servants on wages payment in cash or in
kind, but not in crop share under the personal supervision of oneself or
by one or more members of ones family.
Explanation (i).--In the case of an institution or Society or Trust of a
public nature, capable of holding property, the land shall be deemed to
be cultivated personally if such land is cultivated by hired labour or by
servants, under the personal supervision of an employee or authorised
agent or Society or trust.
Explanation (ii).--In the case of a joint family, the land shall be
deemed to be cultivated personally, if it is cultivated by any member of
such family.]
1. For a list of orders made under the last paragraph of sec. 3(10), see
the Bihar and Orissa Local Statutory Rules and Orders Vol. I. Part IV.
2. The month of Baisakh corresponds to the last part of April and the
first part of May.
3. The month of Asin corresponds to the last part of September and
the first part of October.
4. Inserted by Act 19 of 1955.
5. For an order made, under sec. 3(17), see the Bihar and Orissa
Statutory Rules & Orders Vol. I, Part IV.
6. See the Indian Registration Act, 1908 (16 of 1903)
7. Further definitions are given in the following section, namely:--
Section 5 ("tenure-holder" and "raiyat")"
Section 20 ("settled raiyat")
Section 41 ("non-occupancy-raiyat")
Section 47 ("admitted to occupation"),
Section 49 AA ("complete usufructuary mortgage");
Section 76 ("improvement);
Section 160 ("protected interest");
S e c t i o n 161 ("encumbrance" and "registered and notified
encumbrance")
8. Inserted by Act 8 of 1987.

CHAPTER 2 CLASSES OF TENANTS

4. Classes of tenants :-

There shall be, for the purpose of this Act, the following classes of
tenants, (namely):--
(1) tenure-holders, including under tenure-holder,
(2) raiyats, and
(3) under-raiyats, that is to say, tenants holding, whether immediately
or mediately, under-raiyats;
and the following classes of raiyats (namely):--
(a) raiyats holding at fixed rates, which expression means raiyats
holding either at a rent fixed in perpetuity or at a rate of rent in fixed
perpetuity,
(b) occupancy-raiyats, that is to say raiyats having a right of
occupancy in the land held by them, and
( c) non-occupancy-raiyats, that is to say, raiyats not having such a
right of occupancy.
5. Meaning of tenure-holder" and raiyat :-

(1) "Tenure-holder means primarily a person who has acquired from a

proprietor or from another tenureholder a right to hold for the purpose
of collecting rents or bringing it under cultivation by establishing
tenants on it, and includes also the successors in interest of persons
who have acquired such a right.
(2) "Raiyat" means primarily a person who has acquired a right to hold
land for the purpose of cultivating it by himself, or by members of his
family or by hired servants, or with the aid of partners, and includes
also the successors in interest of persons who have acquired such a
right.
Explanation.--Where a tenant of land has the right to bring it under
cultivation, he shall be deemed to have acquired a right to hold it for
the purpose of cultivation, notwithstanding that he uses it for purpose
of gathering the produce of it or of grazing cattle on it.
(3) A person shall not be deemed to be a raiyat unless he holds land
either immediately under a proprietor or immediately under a tenure
holder.
(4) In determining whether a tenant is a tenure-holder or a raiyat, the
Court shall have regard to--
(a) local custom; and
(b) the purpose for which the right of tenancy was originally acquired.
(5) Where the area held by tenant exceeds one hundred standard
bighas, the tenant shall be presumed to be a tenure holder until the
contrary is shown.
CHAPTER 3 TENURE-HOLDERS
6. Tenure held since Permanent Settlement liable to
enhancement only in certain cases :-

Where a tenure has been held from the time of the Permanent
Settlement, its rent shall not be liable to enhancement except on
proof--
(a) that the landlord under whom it is held is entitled to enhance the
rent thereof either by local custom or by the conditions under which
the tenure is held, or
(b) that the tenure-holder, by receiving reduction of his rent, otherwise
t h a n on account of a diminution of the area of the tenure, has
subjected himself to the payment of the increase demanded, and that
lands are capable of affording it.
7. Limits of enhancement of rent of tenures :-

(1) Where the rent of a tenure holder is liable to enhancement, it may,

subject to any contract between the parties be enhanced up to the
limit of the customary rate payable by persons holding similar tenures
in the vicinity.
(2) Where no such customary rate exists, it may, subject as aforesaid,
be enhanced up to such limit as the Court thinks fair and equitable.
(3) In determining what is fair and equitable, the Court shall not leave
to the tenure-holder as profit less than 10 per centum of the balance
which remains after deducting from the gross rents payable to him the
expenses of collecting them and shall have regard to--
(a) the circumstances under which the tenure was created, for
instance, whether the land comprised in the tenure, or a great portion
of it, was first brought under cultivation by the agency or at the
expense of the tenure-holder or his predecessors in interest, whether
any fine or premium was paid on the creation of the tenure, and
whether the tenure was originally created at a specially low rent for the
purpose of reclamation; and
(b) the improvements, if any, made by the tenure-holder or his
predecessors-in-interest.
( 4 ) If the tenure-holder himself occupies any portion of the land
included in the area of his tenure, or has made a grant of any portion
of the land either rent-free or at a beneficial rent, a fair and equitable
rent shall be calculated for that portion and included in the gross rents
aforesaid.
8. Power to order gradual enhancement :-

The Court may, if it thinks that an immediate increase of rent would

produce hardship, direct that the enhancement shall be gradual; that is
to say, that the rent shall increase yearly by degrees, for any number
of years, not exceeding five unitl the limit of the enhancement allowed
has been reached.
9. Rent once enhanced may not be altered for fifteen years :-

When the rent of a tenure-holder has been enhanced by the Court or

b y contract, it shall not be again enhanced by the Court during the
fifteen years next following the date on which it has been so enhanced.
10. Permanent tenure-holder not liable to ejectment :-

A holder of permanent tenure shall not be ejected by his landlord

except on the ground that he has broken a condition on breach of
which he is, under the terms of a contract between him and his
landlord, liable to be ejected:
Provided that where the contract is made after the commencement of
this Act, the condition is consistent with the provisions of this Act.
11. Transfer and transmission of permanent tenure :-

Every permanent tenure shall, subject to the provisions of this Act, be

capable of being transferred and bequeathed in the same manner and
to the same extent as other immovable property.
12. Voluntary transfer of permanent tenure :-

(1) A transfer of a permanent tenure by sale, gift, exchange or

mortgage (other than a transfer by a sale in execution of a decree or
by summary sale under any law relating to patni or other tenures) can
be made only by a registered instrument.
(2) A registering officer shall not register any instrument purporting or
operating to transfer by sale, gift, exchange or usufructuary mortgage
a permanent tenure unless there is paid to him in addition to any fee
payable under the law for the time being in force for the registration of
documents, a process-fee of the prescribed amount and a fee
(hereinafter called the landlords registration fee) together with the
costs necessary for the transmission of the landlords registration fee to
the landlord.
(3) The landlords registration fee shall be,--
1[(a) (i) in the case of a transfer by sale, gift, usufructuary mortgage
and exchange, registration fee payable by the land lord may be fixed
and notified by State Government time to time;
(ii) 2[xxx]
(b) 3[xxx]
(4) When the registration of any such instrument is complete, the
registration officer shall send to the Collector the landlords registration
fee, the costs necessary for the transmission of the same and a notice
of the transfer and registration in the prescribed form and the Collector
shall cause the fee to be transmitted to, and the notice to be served
on, the landlord named in the notice in the prescribed manner.
1. Sub-rule 12(3)(a)(i) Substituted by Act 10 of 2002.
2. Sub-rule 12(3) (b) (ii) Omitted by ibid.
3. Sub-rule 12(3)(b) Omitted by ibid.
13. Transfer of permanent tenure by sale in execution of
decree other than decree for rent :-

(1) When a permanent tenure is sold in execution of a decree other

than a decree for arrears of rent due in respect thereof, or when a
mortgage of a permanent tenure, other than an usufructuary mortgage
thereof, is foreclosed, the Court shall before confirming the sale under
rule 92 of Order XXI of the Code of Civil Procedure. 1908 (5 of 1908)
or making a decree or order absolute for the foreclosure, require the
purchaser or mortgagee to pay into Court the landlords registration fee
prescribed by the last foregoing section together with the costs
necessary for its transmission to the landlord and such further fee for
service of notice of the sale of final foreclosure on the landlord as may
be prescribed.
(2) When the sale has been confirmed, or the decree or order absolute
for the foreclosure has been made, the Court shall send to the Collector
the landlords registration fee, the costs necessary for the transmission
of the same and a notice of the same or final foreclosure in the
prescribed form, and the Collector shall cause the fee to be transmitted
to, and the notice to be served on, the landlord named in the notice in
the prescribed manner.
14. Transfer of permanent tenure by sale in execution of
decree for rent :-

Rep. by the Bengal Tenancy (Amendment) Act, 1907 (Ben Act 1 of

1907).
15. Succession to a permanent tenure :-

1[ When a succession to a permanent tenure takes place, the person

succeeding shall within one year from the date of such succession give
notice of the succession to the Collector in the prescribed form and
shall pay to the Collector the prescribed fee for the service of the
notice on the landlord and the landlords registration fee prescribed by
sub-section (3)(a) of section 12, together with the costs necessary for
its transmission to the landlord and the Collector shall cause the
landlords registration fee So be transmitted to, and the notice to be
served, on the landlord named in the notice in the prescribed manner.
1. As to the payment of fees under secs. 15 and 18 to the Registrar of
Mutations under the Land Records Maintenance Act, 1895 (Ben, Act 3
of 1895), See sec. 20 of that Act.
15A. Penalty for failure to give notice of succession :-

(1) If the person succeeding to a permanent tenure fails to give notice

of such succession within the period specified in section 15 and to pay
the fees and cost required by the said section to be paid, the Collector
may, on the application of the landlord of the tenure, impose on such
person a penalty not exceeding twenty-five rupees.
( 2 ) The Collector may award any portion of such penalty to the
landlord of the tenure as costs of the application.
16. Bar to recovery of rent, pending notice of succession :-

A person becoming entitled to a permanent tenure by succession shall

not be entitled to recovery by suit, distraint or other proceeding any
rent, payable to him as the holder of the tenure, until the Collector has
received the notice, fees and costs referred to in the last foregoing
section.
17. Transfer of, and succession to, share in permanent tenure
:-

1[ Subject to the provisions of section 88A, the foregoing sections shall

apply to the transfer of, or succession to, a share in a permanent
tenure.
1. As to the forfeiture of fees deposited under secs. 12, 13, 15, 17 and
18(a), see secs. 18 C, and 189(2).
18. Incidents of holding at fixed rates :-

CHAPTER I
RAIYATS HOLDING AT FIXED RATES
1[ A raiyat holding at a rent, or rate of rent, fixed in perpetuity--
(a) shall be subject to the same provisions with respect to the transfer
of, and succession to, his holding as the holder of, a permanent tenure,
and
(b) shall not be ejected by his landlord, except on the ground that he
has broken a condition consistent with this Act, and on breach of which
h e is, under the terms of a contract between him and his landlord,
liable to be ejected.
1. As to the payment of fees under Secs. 15 and 18 of the Registrar of
Mutations under the Land Records Maintenance Act, 1895 (Ben. Act 3
of 1895), see sec. 20 of that Act,
C H A P T E R 4 PROVISIONS AS TO TRANSFERSOF TENURES AND
HOLDINGS AND LANDLORD'S REGISTRATION FEES
18A. Saving as to statements in instruments of transfer where
landlord is not a party :-

Nothing contained in any instrument of transfer to which the landlord is

not a party shall be evidence against the landlord of the permanence,
amount or fixity of rent, area, transferability or any incident of any
tenure or holding referred to in such instrument.
18B. Saving as to acceptance of landlords fees :-

The acceptance by a landlord of any landlords registration fee payable

under Chapter III, Chapter IV or Chapter V in respect of any tenure or
holding shall not operate--
(a) as an admission as to the permanence, amount or fixity of rent,
area, transferability or any incident of such tenure or holding.
(b) 1[X X X X].
1. Omitted by Act 23 of 1947.
18C. Forfeiture of unclaimed landlords fees :-

All landlords registration fee paid under Chapter III, Chapter IV or

Chapter V which are held in deposit on or after the commencement of
the Bengal Tenancy (Amendment) Act, 1907 (Ben. Act 1 of 1907) may,
unless accepted or claimed by the landlord within three years from
such commencement or from the date of the service of the notice
prescribed in section 12, section 13 or section 15 (as the case may be),
whichever is later, be forfeited to the Government.
CHAPTER 5 OCCUPANCY-RAIYATS
19. Continuance of existing occupancy rights :-

1[ (1) Every raiyat who, immediately before the commencement of this

A ct or the Bengal Tenancy (Amendment) Act, 1907 (Ben. Act 1 of
1907) has by the operation of any enactment, by customs, or
otherwise, a right of occupancy in any land, shall when this Act or the
Bengal Tenancy (Amendment) Act, 1907 (Ben. Act 1 of 1907) comes
into force, have a right of occupancy in that land.
(2) The exclusion from the operation of this Act, by a notification under
sub-section (3) of section 1, of any area constituted or deemed to have
been constituted a municipality under the provisions of the Bihar and
Orissa Municipal Act, 1922 B. and O. Act 7 of 1922) or of any part of
such area shall not affect any right, obligation or liability previously
acquired, incurred or accrued in reference to such area.
1. Chapter V does not confer a right of occupancy in certain lands--
See Sec. 116.
20. Definition of settled raiyats :-

(1) Every person who, for a period of twelve years, whether wholly or
partly before or after the commencement of this Act, has continuously
held as a raiyati land situate in any village, whether under a lease or
otherwise, shall be deemed to have become, on the expiration of that
period, a settled raiyat of that village.
(2) A person shall be deemed, for the purposes of this section, to have
continuously held land in a village notwithstanding that the particular
land held by him has been different at different times.
(3) A person shall be deemed, for the purposes of this section, to have
held as a raiyat any land held as a raiyat by a person whose heir he is.
(4) Land held by two or more co-sharers as a raiyati holding shall he
deemed, for the purposes of this section, to have been held as a raiyat
by each such co-sharer.
(5) A person shall continue to be a settled raiyat of a village as long as
he holds any land as a raiyat in that village and for one year
thereafter.
(6) If a raiyat recovers possession of land under section 87, he shall be
deemed to have continued to be a settled raiyat notwithstanding his
having been out of possession more than a year.
(7) If in any proceeding under this Act, it is proved or admitted that a
person holds any land as a raiyat, it shall, as between him and the
landlord under whom he holds the land, be presumed, for the purposes
of this section, until the contrary is proved or admitted, that he has for
twelve years continuously held the land or some part of it as a raiyat.
21. Settled raiyat to have occupancy rights :-

(1) Every person who is a settled raiyat of a village within the meaning
of the last foregoing section shall have a right of occupancy in all land
for the time being held by him as a raiyat in that village.
(2) Every person who, being a settled raiyat of a village within the
meaning of the last foregoing section, held land as a raiyat in that
village ait any time between the second day of March, 1983, and the
commencement of this Act shall be deemed to have acquired a right of
occupancy in that land under the law then in force; but nothing in this
sub-section shall affect any decree or order passed by a Court before
the commencement of this Act.
21A. Settlement of bakasht lands :-

(1) Every person, irrespective of whether he is a settled raiyat of a

village or not, shall have a right of occupancy in all land for the time
being held by him as a raiyat in that village:
Provided that no person who is not a settled raiyat of a village shall
have any such right of occupancy in any bakasht land settled with him
by a proprietor or tenure holder whose total acreage of such land in his
possession at the date of settlement does not exceed forty acres unless
such settlement has been made by a registered instrument:
Provided further that in the case of the said proprietor or tenure-
holder, the provisions of this section shall have no effect until after the
expiration of six months from the date of the commencement of the
Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of 1947).
(2) In settling his bakasht land, the proprietor or tenure holder, as the
case may be--
(a) shall be bound to give preference to a person resident in the village
in which such land is situated and, where no such person be forth
coming to take settlement, to a person of a village adjacent to that
village;
(b) shall not be entitled to charge rent at a rate exceeding the rate of
rent payable for lands of similar description and with similar
advantages in the same village or in the neighbouring villages by more
than ten per centum; and
(c) shall not charge any premium or salami,--
(i) in the case of lands which become bakasht before the date of the
commencement of section 162A, at a rate exceeding ten times the rent
payable in respect of such lands under clause (b); and
(ii) in the case of any other bakasht lands, exceeding the amount for
which the land was purchased by the proprietor or tenure holder.
(3) If in consideration of settling any bakasht land, a proprietor, tenure
holder or his agent receives from the person with whom the settlement
is made any sum of money or anything in excess of the rent and salami
payable by such person under sub-section (2) or if any such proprietor,
tenure holder or his agent settles any bakasht land with a person who
is not entitled to take settlement under that sub-section, he shall be
deemed to have committed an offence under section 75 and he shall
be liable to the penalty laid down therein for illegal exaction by
landlord or his agent.
Explanation.--For the purposes of this section,--
(i) the expression "bakasht land" means any land other than the
proprietors private land as defined in section 120, which is for the time
being in the cultivating possession of a proprietor or tenure-holder;
(ii) one village shall be treated to be adjacent to another when the
boundaries of the two coincide at one or more points]
22. Effect of acquisition of occupancy right by landlord :-

( 1 ) When the immediate landlord of an occupancy-holding is a

proprietor or permanent tenure holder, and the entire interests of the
Landlord and the raiyat in the holding become united in the same
person by transfer, succession or otherwise, such person shall have no
right to hold the land as a tenant, but shall hold it as a proprietor or
permanent tenure-holder (as the case may be) but nothing in this sub-
section shall prejudicially affect the rights of any third person.
( 2 ) If the occupancy right in land is transferred to a person jointly
interested in the land as proprietor or permanent tenure-holder he
shall be entitled to hold the land subject to the payment to his co-
proprietors or joint permanent tenure-holders of the shares of the rent
which may be from time to time payable to them; and if such
transferee sub-lets the land to a third person, such third person shall
be deemed to be a tenure-holder or a raiyat, as the case may be in,
respect of the land.
(3) A person holding land as an ijaradar of farmer of rents shall not
while so holding acquire, by purchase or otherwise, a right of
occupancy in any land comprised in his ijara or farm.
Explanation.--A person having a right of occupancy in land does not
lose it by subsequently becoming jointly interested in the land as
proprietor or permanent tenure-holder, or by subsequently holding the
land in ijara or farm.
23. Right of raiyat in respect of use of land :-

(1) When a raiyat has a right of occupancy in respect of any land, he

may use the land in any manner which does not materially impair the
value of the land or render it unfit for the purposes of the tenancy
[except as provided in sub-section (4)].
(2) The following shall not be deemed to impair the value of the land
materially or to render it unfit for the purpose of the tenancy, namely:-
-
(a) the manufacture of bricks and tiles for the domestic or agriculture
purposes of the raiyat and his family or for any educational or
charitable purpose;
(b) the excavation of tanks or the digging of wells intended to provide
a supply of water for drinking or other domestic purposes of the raiyat
and his family or to any religious or charitable institution; and
(c) the erection of buildings for the domestic or agricultural purposes of
the raiyat and his family or for any educational or charitable purpose.
(3) If an occupancy raiyat, who pays for his holding rent in any of the
ways specified in sub-section (1) of section 40, excavates a tank on
such holding for any purpose mentioned in clause (b) of sub-section
(2) the landlord and the raiyat shall be entitled to equal shares in the
produce of such tank.
1[(4) A raiyat may, with the previous permission of the Collector, use
his land for the purposes not enumerated in sub-section (2):
P rovid ed that before giving such permission the Collector shall
redetermine the rent of such land in the prescribed manner to the
extent of five per cent of the market value of the land:
Provided further that if a raiyat has not taken prior permission of the
Collector, the Collector may give post facto permission on payment of
double amount of the rent which he would have paid for obtaining prior
permission, for the period between the date of commencement of use
for purposes other than those enumerated in sub-section (2) and the
date of application or detection, as the case may be:
Provided also that if a raiyat has been using his land for purpose other
than those enumerated in sub-section (2), from before the
commencement of this Act, he shall apply within 90 days of the date of
commencement of this Act for permission to the Collector who on
receipt of such application shall proceed in such manner as if the above
use had started on the date of commencement of this Act. If the raiyat
fails to do so, he shall be liable for payment of double amount of the
rent which he would have been liable to pay, had he applied in time for
the period between the date of commencement of this Act and the
date of application or detection as the case may be:
Provided further also that the Collector shall have the power to revise
the rent so determined after every ten years.
5. (a) An appeal against an order passed under this section shell lie
within a period of 30 days from the date of such order--
(i) If such order is passed by an officer other than the Collector of a
district, to the Collector of the district or to any Officer specially
empowered by the State Government by notification to hear such
appeals, and
(ii) If such order is passed by the Collector of a district, to the
prescribed authority.
(b) The Collector of the district may, at any time, transfer any appeal
filed before him to any officer specially empowered to hear such
appeals or withdraw any appeal pending before any officer so
empowered, and either hear such appeal himself or transfer it for
disposal to any other officer so empowered.
(c) Appeals under this section shall be heard and disposed of in
accordance with the prescribed procedure.]
1. Inserted by Act 21 of 1993.
23A. Right of occupancy raiyat in trees :-

Notwithstanding anything contained in section 23, when a raiyat has a

right of occupancy in respect of any and--
(a) if the rent of such land is paid in cash, or if such land is rent-free
holding or part of such holding, the raiyat may.--
(i) plant trees and bamboos on such land and cut, cut down and
appropriate the same;
(ii) cut, cut down and appropriate any trees or bamboos standing on
such land;
(iii) appropriate the flowers, fruits and other products of any trees or
bamboos standing on such land;
Provided that if there is any specific entry in the latest record-of-right
regarding any tree or bamboos which was standing on any such land
before the date of the final publication of such record-of-right to the
effect that any right in such tree or bamboo belongs to any person,
other than the tenure-holder of such land, the right of the raiyat in
such tree or bamboo specified in sub-clauses (ii) and (iii) shall be
exercised in accordance with, and subject to, any such entry.
(b) If the rent of such land is paid in any of the ways specified in sub-
section (1) of section 40, the landlord and the raiyat shall have equal
shares in the timber and [the landlord shall have nine-twentieths and
the raiyat, shall have eleven-twentieths] in the flowers, fruits and
other products of all trees or bamboos growing on such land whether
planted before or after the commencement of the Bihar Tenancy
(Amendment) Act, 1934. 2[and the raiyat shall be entitled] to plant
any tree or bamboo on such land without the consent of the landlord,
1[but neither] the raiyat, nor the landlord shall, without the consent of
the other, be entitled to cut down or appropriate any such tree or
bamboo.
2[X X X X X].

24. Obligation of raiyat to pay rent :-

An occupancy raiyat shall pay rent for his holding at fair and equitable
rates.
25. Protection from eviction except on specified grounds :-

A n occupancy raiyat shall not be ejected by his landlord from his

holding, except in execution of a decree for ejectment passed on the
ground--
(a) that he has used the land comprised in his holding in a manner
which renders it unfit for the purpose of the tenancy, or
(b) that he has broken a condition consistent with the provisions of this
Act, and on breach of which he is, under the terms of a contract
between himself and his landlord, liable to be ejected.
25A. Division of holding by partition and distribution of rent
thereon :-

(1) When an occupancy holding has been the subject of partition by an

order of a Court or otherwise--
(a) the division of the said holding made in accordance with such
partition shall be binding on the landlord;
(b) if notice in writing of the partition and the distribution of the rent
has been served on the landlord in the prescribed form and in the
prescribed manner, such distribution of the rent shall be binding on the
landlord:
Provided that the landlord may, if he objects to such distribution make
an application to the Collector for the distribution of the rent, of the
holding.
(2) When an occupancy holding has been the subject of a partition by
a n order of a Court or otherwise, if the parties to the partition are
unable to distribute the rent of the holding by agreement, any of them
may apply to the Collector to distribute the rent of the holding.
(3) (a) On receipt of an application under the proviso to clause (b) of
sub-section (1) or under sub-section (2), the Collector shall serve on
the parties interested, other than the applicant, a notice of the date on
which he intends to hear the application.
Explanation.--For the purposes of this clause, the landlord shall be
deemed to be a party interested in an application under sub-section
(2).
(b) After serving the notice required by clause (a) and hearing the
parties and holding such enquiry as he thinks fit, the Collector shall
distribute the rent of the holding in such manner as he considers fit
and equitable and his decision shall be final.
(4) The order of the Collector under sub-section (3) shall take effect,
on an application under the proviso to clause (b) of sub section (1),
from the date of the partition, and, on an application under sub-section
(2), from such date as the Collector may specify in his order.
(5) The Collector shall have the power to award costs to any party to
any proceeding under this section, and any sum ordered to be paid as
costs shall be recoverable from the party by whom it is payable as a
public demand.
(6) Nothing in this section shall apply to a portion of an occupancy-
holding made by an order of a Court or otherwise between the
transferor and the transferee of a share in, or a portion of, such
holding, or between persons to whom the entire holding has been
transferred whether jointly or separately, and any distribution of the
rent of holding, as settled on such partition, between the transferor
and the transferee, or between persons to whom, the entire holdings
has been transferred as aforesaid, shall not be binding on the landlord
save in accordance with the provisions of section 88A.
26. Devolution or occupancy right on death :-

If a raiyat dies intestate in respect of a right of occupancy, it shall,

subject to any custom to the contrary, descend in the same manner as
other immovable property: provided that, in any case in which under
the law of inheritance to which the raiyat is subject his other property
goes to the Government his right of occupancy shall be extinguished.
26A. Transfer and bequest of occupancy-holdings or portions
thereof :-

(1) Every occupancy-holding or a portion thereof, together with the

right of occupancy therein, shall be capable of being transferred and
bequeathed in the same manner and to the same extent as other
immovable property, and all transfers made by sale, exchange or gift
and all bequests shall, subject to the provisions of sub-section (2), be
binding on the landlord.
(2) Every transfer of an occupancy-holding or a portion thereof
together with the right of occupancy therein, by sale, exchange or gift
and every bequest of such holding or portion, together with the right
of occupancy therein, shall be made in the same manner and subject
to the same conditions as a permanent tenure in respect of registration
and the payment of landlords registration fee.
26B. Notice of transfers made before the commencement of
the Bihar Tenancy (Amendment) Act, 1938 :-

If a person who became entitled to an occupancy-holding or a portion

thereof by transfer at any time before the date of the commencement
of the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of 1938),
has not given to the landlord notice of the transfer nor paid the
landlords transfer fee payable under the law in force immediately
before the date of the commencement of the said Act, he may at any
time after the said date give notice of the transfer to the Collector in
the prescribed form, and pay to the Collector the prescribed fee for the
service of the notice on the landlord and the landlords registration fee
prescribed by section 12 as if such holding or portion were a
permanent tenure or a portion of a permanent tenure together with
the costs necessary for its transmission to the landlord, and the
Collector shall cause the notice to he served on, and the landlords
registration fee to be transmitted to the landlord named in the notice
in the prescribed manner and such transfer shall thereupon be binding
in the same manner and to the same extent as a transfer made after
the date of the commencement of the said Act;
Provided that if the transfer was made before the first day of January.
1923, it shall be binding on the landlord, and no notice shall he
necessary and no landlords registration fee shall be payable.
26C. Compulsory registration of certain transfers :-

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of

1938).
26D. Landlords transfer fee :-

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of

1938).
26E. Payment of landlords transfer fee to the landlord or its
deposit with the Collector :-

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of

1938).
26F. Effect of payment of landlords transfer fee to landlord--
landlords consent :-

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of

1938).
26G. Collector to serve notice on landlord :-
Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of
1938).
26H. Application for payment of landlord :-

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of

1938).
26I. Procedure to be followed by the Collector when no
application received, or when the only applicant is the landlord
in whose favour the sum was deposited :-

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of

1938.)
26J. Hearing of application :-

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of

1938).
26K. Disposal of undelivered sums :-

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of

1938).
26M. Sale of occupancy-holding in execution of decree of
certificate :-

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of

1938).
26N. Landlords consent deemed to have been given to transfer
of occupancy-holding made before 1st January, 1923 :-

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of

1938).
26O. Transfers of occupancy-holding made after 1st January
1923 and before date of commencement of Bihar Tenancy
(Amendment) Act, 1934--transferee may pay the landlords
transfer fee to landlord or deposit it with Collector. Amount of
landlords transfer fee. :-

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of

1938).
26P. Sums recoverable as public demands :-

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of

1938).
Enhancement of rent
27. Presumption as to fair and equitable rent :-

The rent for the time being-payable by an occupancy raiyat shall be

presumed to be fair and enquitable until the contrary is proved.
28. Restriction on enhancement of money-rents :-

Where occupancy-raiyat pays his rent in money, his rent shall not be
enhanced except as provided by this Act.
29. Enhancement of rent by contract :-

The money rent of an occupancy-raiyat may be enhanced by contract,

subject to the following conditions:--
(a) the contract must be in writing and registered:--
(b) the rent must not be enhanced so as to exceed by more than two
annas in the rupee the rent previously payable by the raiyat;
(c) the rent fixed by the contract shall not be liable to enhancement
during a term of fifteen years from the date of the contract:--
Provided as follows:--
1[x x x x x]
(ii) Nothing in clause (b) shall apply to a contract by which a raiyat
binds himself to pay an enhanced rent in consideration of an
improvement which has been or is to be effected in respect of the
holding by, or at the expense of, his landlord, and to the benefit of
which the raiyat is not otherwise entitled; but an enhanced rent fixed
by such a contract shall be payable only when the improvement has
been effected, and, except when the raiyat is chargeable with default
in respect of the improvement, only so long as the improvement exists
a n d substantially produces its estimated effect in respect of the
holding.
1. Clause (i) & (iii) of proviso Omitted by Act 23 of 1947.
30. Enhancement of rent by suit :-

The landlord of a holding held at a money-rent by an occupancy-raiyat

may, subject to the provisions of this Act, institute a suit to enhance
the rent on one or more of the following grounds (namely):--
(a) 1[x x x x x]
(b) that there has been a rise in the average local prices of staple
foodcrops during the currency of the present rent;
(c) that the productive powers of the land held by the raiyat have been
increased by an improvement effected by, or at the expense of, the
landlord during the currency of the present rent;
(d) that the productive powers of the land held by the raiyat have
been increased by fluvial action.
Explanation.--"Fluvial action" includes a change in the course of a river
rendering irrigation from the river practicable when it was not
previously practicable.
1. Omitted by Act 23 of 1947.
31. Rules as to enhancement on ground of prevailing rate :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
31A. What may be taken in certain districts to be "prevailing
rate" :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
31B. Limit to enhancement of prevailing rate :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
32. Rules as to enhancement on ground of rise in prices :-

Where an enhancement is claimed on the ground of a rise in prices.--

(a) the Court shall compare the average prices during the decennial
period immediately preceding the institution of the suit with the
average prices during such other decennial period as it may appear
equitable and practicable to take for comparison;
(b) the enhanced rent shall bear to the previous rent the same
proportion as the average prices during the last decennial period bear
to the average prices during the previous decennial period taken for
purposes of comparison: provided that, in calculating this proportion,
the average prices during the later period shall be reduced by one third
of their excess over the average prices during the earlier period;
(c) if in the opinion of the Court it is not practicable to take the
decennial periods prescribed in clause (a), the Court may, in its
discretion, substitute any shorter periods therefor.
33. Rules as to enhancement on ground of landlords
improvement :-

(1) Where an enhancement is claimed on the ground of a landlords

improvement--
(a) the Court shall not grant an enhancement unless the improvement
has been registered in accordance with this Act;
(b ) in determining the amount of enhancement the court shall have
regard to--
(i) the increase in the productive powers of the land caused or likely to
be caused by the improvement;
(ii) the cost of the improvement;
(iii) the cost of the cultivation required for utilizing the improvement;
and
(iv) the existing rent and the ability of the land to bear a higher rent.
(2) A decree under this section shall on the application of the tenant or
his successor in interest, be subject to reconsideration in the event of
t he improvement not producing or ceasing to produce the estimated
effect.
34. Rules to enhancement on ground of increase in powers due
to fluvial action :-

Where an enhancement is claimed on the ground of an increase in

productive powers due to fluvial action--
(a) the Court shall not take into account any increase which is merely
temporary or casual;
(b) the Court may enhance the rent to such an amount as it may deem
fair and equitable but not so as to give landlord more than one-half of
the value of the net increase in the produce of the land.
35. Enhancement by suit to be fair and equitable :-

Notwithstanding anything in the foregoing section, the Court shall not

in any case decree any enhancement which is under the circumstances
of the case unfair or inequitable.
36. Power to order progressive enhancement :-

If the Court passing a decree for enhancement considers that the

immediate enforcement of the decree in its full extent will be attended
with hardship to the raiyat, it may direct that the enhancement shall
be gradual; that is to say that the rent shall increase yearly by decrees
for any number of years not exceeding five until the limit of the
enhancement decreed has been reached.
37. Limitation of right to bring successive enhancement suits
:-

(1) A suit instituted for the enhancement of the rent of a holding on

t he ground of a rise in prices, shall not be entertained if within the
fifteen years next preceding its institution the rent of the holding has
been enhanced by a contract made after the second day of March 1883
or if within the said period of fifteen years the rent has been
commuted under section 40 or a decree has been passed under this
Act or any enactment repealed by this Act enhancing the rent on the
ground aforesaid or on any ground corresponding thereto or dismissing
the suit on the merits.
(2) Nothing in this section shall affect the provisions of section 372 of
the Code of Civil Procedure (14 of 1882)]1.
1. Now see Code of Civil Procedure, 1908 (5 of 1908), Rule 1, Order
XXIII.
38. Reduction of rent :-

Rep by the Bihar Tenancy (Amendment) Act, 1937 (Bihar Act 8 of

1937).
39. Price-lists of staple food-crops :-

(1) The Collector of every district shall prepare, monthly, or at shorter

intervals, periodical lists of the market prices of staple food-crops-
grown in such local areas as the State Government may from time to
time direct, and shall submit them to the Board of Revenue for
approval or revision.
(2) The Collector may, if so directed by the State Government prepare
f o r any local area like price-lists relating to such past times as the
State Government thinks fit, and shall submit the lists so prepared to
the Board of Revenue for approval or revision.
(3) The Collector shall, one month before submitting a price-list to the
Board of Revenue under this section, publish it in the prescribed
manner within the local area to which it relates, and if any landlord or
tenant of land within the local area, within the said period of one
month, presents to him in writing any objection to the lists, he shall
submit the same to the Board of Revenue with the list.
(4) The price-list shall, when approved or revised by the Board of
Revenue, be published in the Official Gazette; and any manifest error
in any such list discovered after its publication may be corrected by the
Collector with the sanction of the Board of Revenue.
(5) The State Government shall cause to be complied from the
periodical fists prepared under this section lists of the average prices
prevailing throughout each year, and shall cause them to be published
annually in the Official Gazette.
(6) In any proceedings for an enhancement or reduction of rent on the
ground of a rise or fall in prices, the Court or the Collector, as the case
may be, shall refer to the lists published under this section, and shall
presume that the prices shown in the lists prepared for any year
subsequent to the passing of this Act are correct and may presume
that the prices shown in the lists prepared for any year prior to the
passing of this Act are correct, unless and until it is proved that they
are incorrect.
(7) The State Government shall make rules for determining what are to
be deemed staple food-crops in any local area and for the guidance of
officers preparing price-lists under this section.
Commutation.
40. Commutation of rent payable in kind :-

(1) Where an occupancy raiyat pays for his holding rent in kind or rent
at rates varying with the crop or partly in one of those ways and partly
in other, or partly in the one or those ways and partly in cash, either
the raiyat or his landlord may apply to have the rent commuted to
money rent.
(2) The application may be made to the Collector or Subdivisional
Officer, or to a Revenue officer appointed by the State Government
under the designation of Settlement Officer or Assistant Settlement
Officer for the purpose specially authorised in this behalf by the Board
of Revenue.
(3) (a) If the landlord has applied under sub-section (1) and the raiyat
object of the commutation of his rent to money rent, the officer shall
examine the ground 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 an application of the landlord is accepted under sub-section (1)
and the raiyat agrees to the commutation of his rent to a money rent,
or if the raiyat has applied under sub-section (1), the officer shall
determine the sum to be paid as money-rent and shall order that the
raiyat shall, in lieu of paying his rent in kind, or otherwise as aforesaid,
pay the sum so determined.
(4) In making the determination the officer shall have regard to--
(a) the average money-rent payable by occupancy raiyats for land of a
similar description and with similar advantages in the vicinity:
(b) the average value of the rent actually received by the landlord
during the preceding ten years or during any shorter period for which
evidence may be available:
Provided that in dealing with application pending on the date on which
the Bihar Tenancy (Second Amendment) Act, 1946, comes into force or
applications which may be made on and from that date and until such
period as may be fixed by notifications 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 years before the first day of Asin 1347 Fasli or for any
shorter period before the said date for which evidence may be
available;
(c) the charges incurred by the landlord in respect of irrigation under
the system of the rent in kind, and the arrangements made no
commutation for continuing those charges; and
(d) improvements effected by the landlord or by occupancy-raiyat in
respect of the raiyats holding, to the rules laid down in section 33
regarding enhancement of rent on the ground of a landlords
improvement.
(5) The order shall be in writing and shall state the ground on which it
is made and the time from which it is to take effect.
(6) (a) An appeal shall lie from an order referred to in sub-section (5),-
-
(i) if such order is passed by any officer other than the Collector of a
district, to the Collector of the district or to any officer specially
empowered by the State Government by notification to hear such
appeals;
(ii) if such order is passed by the Collector of a district, to the
prescribed authority;
a n d the decision of the Collector of the district or of any officer so
empowered or of the prescribed authority on any such appeal shall be
final.
(b) The Collector of the district may, at any time, transfer any appeal
already filed before him to any officer specially empowered under sub-
section (1) of clause (a) to hear such appeals, or withdraw any appeal
pending before any officer so empowered, and either hear such appeal
himself or transfer it for disposal to any other officer so empowered.
(7) Appeals under the section shall be heard and disposed of in
accordance with the prescribed procedure.
40A. Period for which commuted rents are to remain unaltered
:-

(1) Where the rent of a holding has been commuted under section 40,
i t shall not except on the ground of a landlords improvement or of a
subsequent alteration of an area of the holding, be enhanced for
fifteen years; nor shall it be reduced for fifteen years, save on the
ground of alteration in the area of the holding or under clause (c) or
(e) of sub-section (i) of section 112A.
(2) The said period of fifteen years shall be counted from the date on
which the order takes effect under sub-section (5) of section 40.
40B. Right to apply for commutation in respect of trees and
procedure on receipt of such application :-

(1) Where a raiyat has a right of occupancy in any land and the raiyat
and the landlord have shares in the timber and in the flowers, fruits or
other products of all trees or bamboos growing on such land in
accordance with the provisions of clause (b) of section 23A, either the
raiyat or his landlord may apply to the Collector to have the rent of
such trees or bamboos commuted to money-rent.
(2) If an application is made under sub-section (I), the Collector shall
deal with such application as if it were an application under section 40,
and may pass such order thereon as he could have passed if it were an
application under the said section:
1[x x x x x x],
2[(3) Notwithstanding anything contained in any law, if an order under
sub-section (2) commuting the rent of any tree or bamboo into money
rent is passed the landlord shall not be entitled to any share in the
timber of such tree or bamboo and the raiyat shall be entitled to cut
down and appropriate any such tree or bamboo without the consent of
the landlord.
1. Repealed by Act 14 of 1951.
2. Inserted by ibid.
CHAPTER 6 NON-OCCUPANCY RAIYATS
41. Application of Chapter :-

1[ This Chapter shall apply to raiyat not having a right of occupancy,

who are in this Act referred to as non-occupancy-raiyats.
1. Chapter VI does not apply to certain lands--sec. S. 116.
42. Intail rent of non-occupancy-raiyat :-

When a non-occupancy-raiyat is admitted to the occupation of land, he

shall become liable to pay such rent as may be agreed on between
himself and his landlord at the time of his admission.
43. Conditions of enhancement of rent :-

The rent of a non-occupancy-raiyat not to be enhanced except by

registered agreement or by agreement under section 46:
Provided that nothing in this section shall prevent a landlord from
recovering rent at the rate at which it has been actually paid for a
continuous period of not less than three years immediately preceding
the period for which the rent is claimed.
44. Grounds on which non-occupancy-raiyat may be ejected :-

A non-occupancy-raiyat shall, subject to the provisions of this Act, be

liable to ejectment on one or more of the following grounds, and not
otherwise (namely):--
(a) on the ground that he has failed to pay an arrear of rent;
(b) on the ground that he has used the land in a manner which renders
it unfit for the purposes of the tenancy, or that he has broken a
condition consistent with this Act and on breach of which he, is under
the terms of a contract between himself and his landlord liable to be
ejected;
(c) where he has been admitted to occupation of the land under a
registered lease, on the ground that the term of the lease has expired;
(d) on the ground that he has refused to agree to pay a fair and
equitable rent determined under section 46, or that the term for which
he is entitled to hold as such a rent has expired.
45. Conditions of ejectment on ground of expiration of lease :-

Rep. by the Bengal Tenancy (Amendment) Act, 1907 (Ben. Act 1 of

1907).
46. Conditions of ejectment on ground of refusal to agree to
enhancement :-

(1) A suit for ejectment on the ground of refusal to agree to an

enhancement of rent shall not be instituted against a non-occupancy
raiyat unless the landlord has tendered to the raiyat an agreement to
pay the enhanced rent, and the raiyat has within three months before
the institution of the suit refused to execute the agreement.
(2) A landlord desiring to tender an agreement to a raiyat under this
section may file it in the office of such Court or officer as the State
Government appoints in this behalf for service on the raiyat. The Court
or officer shall forthwith cause it to be served on the raiyat in the
prescribed manner and when it has been so served, it shall for the
purposes of this section be deemed to have been tendered.
(3) If a raiyat on whom an agreement has been served under sub-
section (2) executes it, and within one month from the date of service
tiles it in the office from which it issued it shall take effect from the
commencement of the agricultural year next following.
(4) When an agreement has been executed and filed by a raiyat under
sub-section (3), the Court or officer in whose office it is so filed shall
forthwith cause a notice of its being so executed and filled to be served
on the landlord in the prescribed manner.
(5) If the raiyat does not execute the agreement and file it under sub-
section (3) he shall be deemed for the purposes of this section to have
refused to execute it.
(6) If a raiyat refuses to execute an agreement tendered to him under
this section, and the landlord thereupon institutes a suit to eject him,
the Court shall determine what rent is fair and equitable for the
holding.
(7) If the raiyat agrees to pay the rent so determined, he shall be
entitled to remain in occupation of his holding at that rent for a term of
five years from the date of the agreement, but on the expiration of
that term shall be liable to ejectment under the conditions mentioned
in the last foregoing section unless he has acquired a right of
occupancy.
(8) If the raiyat does not agree to pay the rent so determined, the
Court shall pass a decree for ejectment.
(9) In determining what rent is fair and equitable, the Court shall have
regard to the rents generally paid by raiyat for land of a similar
description and with like advantages in the same village.
(10) A decree for ejectment passed under this section shall take effect
from the end of the agricultural year in which it is passed.
47. Explanation of "admitted to occupation" :-

Where a raiyat has been in occupation of land a lease is executed with

a view to a continuance of his occupation, he is not to be deemed to be
admitted to occupation by that lease for the purposes of this chapter,
notwithstanding that the lease may purport to admit him to
occupation.
CHAPTER 7 UNDER-RAIYATS
48. Limit of rent recoverable from under-raiyats :-

T he landlord of an under-raiyat holding at a money-rent shall not be

entitled to recover rent exceeding the rent which he himself pays by
more than the following percentage of the same (namely):--
(a) when the rent payable by the under raiyat is payable under a
registered lease or agreement.--
fifty percent; and
(b) in any other case-twenty-five per cent:
1[Provided that, where the land held by such under raiyat is a portion
of the holding of such landlord; the rent calculated for the entire
holding in the aforesaid manner shall be reduced in such proportion as
the area of the land held by the under raiyat bears to the total area of
the holding:
Provided further that, if the lands comprised in such holding are of
different qualities, the proportionate rent recoverable from the under
raiyat shall be calculated in the prescribed manner.
1. Inserted by Act 19 of 1955.

48A. Limit of produce-rent recoverable from under raiyats :-

W hen an under-raiyat pays for the land held by him rent in kind by
division of the produce, the landlord under whom he holds that land
shall not be entitled to recover rent from the under raiyat exceeding
seven-twentieths of the produce of such land:
Provided that the landlord shall not be entitled to any share in the
straw or bhoosa as rent out of the produce of such land.
Explanation.--The word "straw" in this section includes jute sticks after
the jute has been extracted therefrom, and arhar and maize sticks
when the produces are jute, arhar and maize respectively.
48B. Restriction on payment of certain kinds of rent by an
under-raiyat :-

Nothing in any contract, express or implied, between an under-raiyat

and his landlord, made before or after the date of the commencement
of the Bihar Tenancy (Second Amendment) Act, 1955, shall entitle the
landlord to rent; according to any system, such as danabandi,
manhunda, mankhop or chauraha, under which fixed rent in kind is
payable, and where an under-raiyat was before the said date liable to
pay to his landlord rent according to any such system, he shall from
and after the said date be liable to pay to his landlord rent in kind by
division of the produce.]
48C. Acquisition of right of occupancy by under-raiyats :-

Every person who, for a period of twelve years, whether wholly or

p art ly before or after the commencement of the Bihar Tenancy
(Amendment) Act, 1938 (Bihar Act 11 of 1938), has continuously held
land as an under-raiyat in any village, whether under a lease or
otherwise, shall be deemed to have acquired, on the expiration of that
period a right of occupancy in the land which he has so held for the
said period:
1[Provided that an under-raiyat shall not, irrespective of the duration
of his holding any land as an under-raiyat acquire any right of
occupancy--
(i) in such area of the land to be selected and declared by his landlord
in the prescribed manner as together with the area of land already held
by the landlord under his cultivation does not exceed the following
limits, namely:--
(a) five acres of land irrigated by flow irrigation work, lift irrigation
work or tube well owned, constructed, maintained, improved or
controlled by the Central or the State Government or by a body
corporate constituted under any law or by tube well owned or
maintained by the landlord or;
(b) ten acres of other land; or
(ii) in the land within the ceiling area fixed by law of a landlord who is
a widow or a person suffering from blindness, leprosy or paralysis or is
a person of unsound mind or a person on the service of the Army, Navy
or Air Force of the Union of India during the period the landlord remain
a widow or suffers from blindness, leprosy or paralysis or remains of
unsound mind or remain in the service of the Army, Navy or Air Force
of the Union of India.
Explanation 1.--A land shall be deemed to be irrigated by such flow
irrigation work, lift irrigation work or tube well if it is ordinarily capable
of being irrigated from such source notwithstanding that such irrigation
is not enjoyed owing to any action or inaction on the part of the
landlord of such land.
Explanation 2.--For the purpose of this section one acre of land
mentioned in clause (i) (a) shall be deemed to be equivalent to two
acres of land mentioned in clause (i) (b).
Explanation 3.--If there are more than one under-raiyat under a
landlord, the area of land to be selected and declared by the landlord
in the prescribed manner shall be in preparation to the area of land
held by different under-raiyats.
Explanation 4.--A member of an undivided Hindu family having or
being entitled to a share in land shall be deemed to be a landlord for
the purpose of this section as if there has been partition in the family.]
1. Substituted by Act 8 of 1970.
48D. Acquisition of raiyati right by occupancy under-raiyat :-

1[(1) An occupancy under-raiyat shall if he makes an application in this

behalf in the prescribed manner, be entitled to acquire the right of a
raiyat subject to the payment to be made as may be prescribed by the
State Government and the right of the land-holder in such land shall
extinguish:
Provided that the land on which he acquires such right along with other
land held by him anywhere in the State does not exceed the area he
may hold under the Bihar Land Reforms (Fixation of Ceiling Area and
Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962).
(2) The remaining area, if any, in which the under-raiyat does not
acquire the right of a raiyat shall continue to be held by the raiyat
under whom the under-raiyat held the land.
(3) The land owner in respect of whose land the under-raiyat acquires
the right of a raiyat under sub-section (1) shall be paid as
compensation an amount equivalent to twenty four times the rent of
the holding in the manner prescribed in this behalf.
1. Substituted by Act 8 of 1987.
48E. Prevention of threatened ejectment of under raiyat and
restoration to possession of under-raiyat unlawfully ejected :-

(1) if an under-raiyat is threatened with unlawful ejectment from his

tenancy or any portion thereof by his landlord or if there is a dispute
between them over the possession of land crop or produce thereof
either on the ground of non-existence of relationship of landlord and
tenant between them or otherwise or if an under-raiyat is or has been
ejected from his tenancy or any portion thereof within twelve years
before the commencement of proceeding under this section in
contravention of the provisions of section 89 the Collector may, of his
own motion or on application made in this behalf by the under-raiyat,
initiate a proceeding for preventing the landlord from ejecting the
under-raiyat or for settlement of the said dispute or for restoration of
possession to under-raiyat unlawfully ejected from his tenancy or
portion thereof.
1[Explanation.--If in the midst of the proceeding it is found that the
landlord has during or before the initiation of the proceeding
transferred the land to any other person who is not a party to the
proceeding initiated under sub-section (1), the Collector shall make
such transferee a party to the proceeding.]
( 2 ) The Collector may, after hearing the parties, about which due
n ot ice shall have been given to them or ex-parte, in cases of
emergency by an order in writing prevent the landlord from ejecting
the under-raiyat until disposal of the proceeding or until further orders
and if he is of opinion that any crop or produce of the land which is
subject-matter of dispute in the proceeding under this section is liable
to-speedy and natural decay, he may., if the situation so warrants and
in similar manner as aforesaid direct the proper custody or harvesting
or sale, as the case may be, of such crop or produce or the sale
proceeds thereof.
(3) When a proceeding is initiated under sub-section (1) the Collector
may refer the matter (hereinafter referred to as "dispute") to a Board
to be appointed by him, for promoting the settlement of the dispute
between the under-raiyat and the landlord.
(4) A Board to be appointed by the Collector in the prescribed manner
under sub-section (3) shall consist of a Chairman; who shall be
unconnected with the dispute referred to such Board or with any party
directly affected by such dispute and two members to represent the
parties to the dispute and the person appointed as a member to
represent any party shall be appointed on the recommendation of that
party:
Provided that if any party does not nominate any person to represent
him in the Board or nominates a person who is not available within
such time as the Collector considers reasonable, the Collector may
appoint such person as he thinks fit to represent that party.
(5) If at any time before the Board has completed its work, the service
of the Chairman or any member of the Board ceases to be available, or
any member of the Board fails to attend the meeting of the Board on
two successive dates without showing cause to the satisfaction of the
Chairman, the Collector may appoint any suitable person in the
prescribed manner to take his place and the proceeding shall be
continued before such Board as so reconstituted.
(6) The Chairman of the Board to which a dispute is referred shall give
written notice to the under-raiyat and his landlord in the prescribed
manner and the Board shall make endeavours to bring about an
amicable settlement of the dispute and when an amicable settlement
of the dispute is brought about, the Board shall forthwith submit a
report containing the terms on which settlement had been brought
about, to the Collector, who may dispose of the proceeding in
accordance with the terms of the report:
Provided that failure on the part of any member of the Board to sign
the report shall not effect the validity of the same.
(7) Where a Board does not succeed in bringing about an amicable
settlement of the dispute, it shall make enquiry into the same, receive
such evidence as it considers, necessary, record its findings on the
disputes and transmit the entire record of the proceeding forthwith to
the Collector who may dispose of the proceeding in accordance with
the terms of the findings:
Provided that failure on the part of any member of the Board to sign
the finding shall not affect the validity of that finding:
Provided further that if any member does not want to sign the findings
of the Board he will submit his disagreement on the findings in writing
failing which the Chairman will submit his notes on the subject.
( 8 ) In case of disagreement with the report or the findings of the
B oa rd , the Collector shall, after recording his reasons for such
disagreement and after giving the parties concerned a reasonable
opportunity of being heard, make such enquiry, if any, as he thinks
necessary and on being satisfied that--
(i) the person threatened with ejectment is an under-raiyat the
Collector shall declare the threatened ejectment illegal and direct that
the landlord shall not interfere with the possession of the under-raiyat
in his tenancy or any portion thereof;
(ii) the land under dispute is in the tenancy of the under-raiyat the
Collector shall declare possession of the under-raiyat and order the
crop or produce or the sale-proceeds thereof, as the case may be, to
be divided between the under-raiyat and his landlord in accordance
with the provisions of sections 69 to 71 of the Act;
(iii) the person alleged to have been ejected was an under-raiyat of
t he disputed land on the date of ejectment and was ejected within
twelve years before the commencement of proceeding under this
section in contravention of section 89, the Collector shall order that the
land-lord, or, where any other person, is in possession of the land
comprised in the under-raiyat tenancy or portion thereof under any
claim derived from the landlord, such person shall restore the under-
raiyat to possession of the tenancy or portion from which he was so
ejected.
(9) The order of the Collector under sub-sections (6), (7) or (8) shall
be in writing and shall state the grounds on which it is made and
specify the period which shall not exceed six month from the date of
the order within which his order shall be carried out.
(10) If the Board fails to record its findings or transmit the records as
required under sub-section (7) within a period of six month [which
shall be reckoned from the date of its appointment under sub-section
(3)] the Collector may withdraw the proceeding from the Board and
decide the dispute himself according to the provisions of this section.
1[(11) If the person against whom an order has been made under sub-
sections (6), (7) or (8) fails to carry out the orders of the Collector
within such reasonable time as may be specified in the order or the
order passed to appeal under section 48F the Collector shall take or
cause to he taken such steps or use or cause to be used such force as
in his opinion may be necessary for securing compliances with the
order or for preventing such threatened ejectment of under-raiyat or
for restoring possession to under-raiyat unlawfully ejected.]
(12) The Board shall have the same power regarding the summoning
and attendance of witnesses and compelling the production of
documents as a Civil Court has under the Code of Civil Procedure, 1908
(V of 1908) and the Collector shall have general control and
superintendence over the Board.
(13) Save as expressly provided in this Act, no Civil or Criminal Court
shall have any jurisdiction over the subject matter of a dispute after a
proceeding is initiated under sub-section (1) by the Collector:
Provided that nothing in this sub-section shall be deemed to affect the
power of a Criminal Court to take such action as may be necessary for
preventing breach of the peace pending the final disposal of the
proceeding by the Collector.
1. Substituted by Act 8 of 1987
48F. Appeals :-

1[(1) An appeal shall lie from an order referred to in [sub-section (7)

and sub-section (8) of section 48E.--
(i) if such order is passed by an officer other than the Collector of a
district, to the Collector of the district or to any officer specially
empowered by the State Government by notification to hear such
appeals; and
(ii) if such order is passed by the Collector of a district, to the
prescribed authority.
(2) The Collector of the district may, at any time, transfer any appeal
filed before him to any officer specially empowered under clause (i) of
sub-section (l) to hear such appeals or withdraw any appeal pending
before any officer so empowered, and either hear such appeal himself
or transfer it for disposal to any other officer so empowered.
(3) Appeals under this section shall be heard and disposed of in
accordance with the prescribed procedure.
(4) An order duly made under section 48-E or on appeal under this
section shall be final and shall not be called in question in any Civil
Courts.
(5) If a suit is Instituted challenging ah order made under section 48-E
or on appeal under this section, the Civil Court shall have no power,
during the tendency of the suit, to stay the enforcement of such
order.]
1. Inserted by Act 24 of 1955.

49. Grounds on which under-raiyats, without occupancy right

may be ejected :-

An under-raiyat may be ejected by his landlord from land in which he

has not already acquired a right of occupancy in accordance with the
provision of section 48-C]1 on one or more of the following grounds
and not otherwise, namely:.--
(a) on the ground that he has failed to pay an arrear of rent;
(b) on the ground that he has used the land in a manner which renders
i t unfit for the purposes of the tenancy, or that he has broken a
condition consistent with this Act and on breach of which he is under
the terms of a contract between himself and his landlord, liable to be
ejected;
(c) where he has been admitted to occupation of the land under a
written lease on the ground that the term of the lease has expired.
2[(d) where he holds the land of any person mentioned in clause (ii) of
the proviso to sub-section (i) of section 48 C, on the ground that the
status of the raiyat mentioned in the said clause has changed and the
raiyat intends to cultivate the land personally.]
1. Inserted by Act 24 of 1955.
2. Inserted by Act 8 of 1987.
49A. Omitted :-

1[xxx]

1. Omitted by Act 8 of 1987

.

C H A P T E R 7 RESTRICTIONS ON ALIENATIONOF "LAND BY

PROTECTED TENANTS
49AA. Definition :-

1[PROTECTED TENANTS]
In this chapter "complete usufructuary mortgage" means a transfer by
a tenant of the right of possession in any land for the purpose of
securing the payment of money or the return of grain advanced or to
be advanced by way of loan upon the condition that the loan, with alt
interest thereon, shall be deemed to be extinguished by the profits
arising from the land during the period of the mortgage.
1. Substituted by Act 19 of 1955.
49B. Application of Chapter :-

1[Application of Chapter]
This Chapter shall apply to tenants who are members of the Scheduled
castes. Scheduled tribes and Backward classes (hereinafter referred to
as protected tenants).
Explanations.--
(1) "Scheduled castes" means such castes, races or tribes or parts of or
groups within such castes, races or tribes as are specified in Part II of
the Schedule to the Constitution (Scheduled Castes) Order, 1950.
( 2 ) "Scheduled tribes" means such tribes or tribal, communities or
parts of or groups within such tribes or tribal communities as are
specified in Part II of the Schedule to the Constitution (Scheduled
Tribes) Order, 1950.
(3) "Backward classes" means such classes of citizens as may be
declared by the State Government by notification in the Official
Gazette, to be socially and educationally backward.
1. Substituted by Act 19 of 1955.
49C. Restriction on transfer of tenants rights :-

No transfer by, 1[a protected tenant] of his right in his tenure, holding
or tenancy, or in any portion thereof by private sale, gift, will,
mortgage, lease or any contract or agreement, shall be valid to any
extent except as provided in this Chapter.
1. Omitted by Act 8 of 1987.
49D. Lease by tenure holder :-

1[ A tenure-holder, who is a member of the Scheduled tribes,

Scheduled castes or Backward classes] may grant a lease to 1[another
person who is a member of the Scheduled tribes, Scheduled castes or,
as the case may be, Backward classes,] to hold the land as a tenure-
holder, or to cultivate it as a raiyat, in accordance with the provisions
of this Act.
1. Substituted by Act 19 of 1955.
49E. Sub-letting by raiyat :-

(1) Subject to the provisions of sub-section (1) of section 85, 1[a

raiyat, who is a member of the Scheduled tribes, Scheduled castes or
Backward classes,] may sublet his holding to 1[another person who is a
member of the Scheduled tribes, Scheduled castes, or as the case may
be, Backward classes] to cultivate it as an under-raiyat.
(2) A sub-lease by 1[a raiyat, who is a member of the Scheduled
tribes, Scheduled castes or Backward classes,] shall not be admitted to
registration if it purports to create a term exceeding five years.
1. Substituted by Act 19 of 1955.
49F. Usufructuary mortgage by tenure-holders, raiyat or
under-raiyat :-
( 1 ) 1[A tenure-holder, raiyat, who is a member of the Scheduled
tribes, Scheduled castes or Backward classes] may, enter with
1[another person, who is a member of the Scheduled tribes, Scheduled
castes or, as the case may be, Backward classes,] into a complete
usufructuary mortgage in respect of any land for any period which does
not and cannot, in any possible event, by any agreement, express or
implied, exceed seven years, or the period of his own right whichever
is less:
Provided that every mortgage so entered into shall be registered under
the Indian Registration Act, 1908 (16 of 1908).
(2) 1[The power of a tenant, who is a member of the Scheduled tribes,
Scheduled castes or Backward classes,] to mortgage his land shall be
registered to only one form of mortgage, namely, a complete
usufructuary mortgage:
2[Provided that a tenant may enter into a simple mortgage in respect
of any tenure, holding or tenancy or portion thereof with a society or
bank registered or deemed to be registered under the Bihar and Orissa
Co-operative Societies Act, 1938 (Bihar and Orissa Act VI of 1935) or
with the State Bank of India or a Bank specified in column 2 of the
First Schedule to the Banking and Companies (Acquisition and Transfer
of Undertakings) Act, 1970 (5 of 1970) or with a company or a
corporation owned by, or in which not less than fifty one percent of
share capital is held by the State Government, and which has been set
up with a view to provide agricultural credit to cultivators.]
1. Substituted by Act 19 of 1955.
2. Inserted by Act 10 of 1976.

49G. Application to Collector for transfer in certain cases :-

1[(1) If in any case.--

(a) a protected tenant is unable to lease his land as provided in section
49-D or to sublet his holding as provided in Section 49- E or to
mortgage his land as provided in sub-section (1) of Section 49-F, or
(b) a protected tenant desires to transfer his land, or any portion
thereof, by private sale, gift or will to any person.
he may apply to the Collector for permission, in case (a), to transfer
the same to a person who is not a member of the Scheduled tribes,
Scheduled castes, or Backward classes, or in case (b), transfer the
same by private sale, gift or will to any person, and the Collector may
pass such order on the application as he thinks fit.]
(2) Every such transfer shall be made by registered deed, and before
the deed is registered and the land transferred, the written consent of
the Collector shall be obtained to the terms of the deed and to the
transfer.
(3) The Collector shall not give his written consent under sub section
(2) to a transfer by 1[raiyat, who is a member of the Scheduled tribes,
Scheduled castes, or the Backward classes] of an occupancy holding or
portion thereof until the transferee has deposited with the Collector the
landlords transfer fee payable under the provisions of this Act.
(4) Nothing in this section shall validate a transfer of any land or
portion thereof which, by the terms upon which it is held, or by any
law or local custom, would not be transferable if this section bad not
been enacted.
1. Inserted by Act 19 of 1955.
49H. Power of Collector to eject mortgagee for wilful neglect
to pay rents of mortgaged land :-

(1) If the mortgagee of any land mortgaged under this Chapter is

legally liable to pay the rent of such land to the landlord and fails to do
so, the mortgagor may deposit with the Collector the arrears of rent
together with the costs necessary for the transmission of the same to
the landlord, and may apply to the Collector for the ejectment of the
mortgagee and the restoration of the mortgaged land to the
mortgagor.
(2) On receipt of such an application the Collector, after making such
enquiry as he thinks fit, may, if he is of the opinion that the mortgagee
has wilfully neglected to pay the amount of rent in arrear, eject the
mortgagee and restore the mortgaged land to the mortgagor and the
mortgage shall thereupon be deemed to have terminated.
(3) The Collector shall cause to be transmitted to the landlord any sum
deposited under sub-section (1).
Section 49J - Courts not to register, or recognize as valid transfers in
contravention of this Chapter
No transfer by 1[a protected tenant] in contravention of the provisions
of this Chapter shall be registered or in any way recognized as valid by
any Court, whether in the exercise of civil, criminal or revenue
jurisdiction
1. Inserted by Act 19 of 1955.

49K. Power to Collector to set aside improper transfers by

tenure holder, raiyat or under raiyat :-

(1) If a transfer of a tenure, holding or tenancy, or any portion thereof,

is made by 1[a protected tenant] in contravention of the provisions of
section 49C, or if a transferee has continued or is in possession in
contravention of the provisions of sub-section (1) of section 49F or
section 49G, as the case may be, the Collector may, of his own motion
or on application made in that behalf, after recording an order in
writing, eject the transferee from such tenure holding, tenancy or
portion:
Provided that.--
(a) the transferee whom it is proposed to eject has not been in
continuous possession in contravention of this Act for twelve years, and
(b) he is given an opportunity of showing cause against the order of
ejectment.
(2) (a) When the Collector has passed an order under sub-section (1),
he shall pass a further order restoring the transferred land to the
1[protected tenant] or to his heir or legal representative.
(b) If such 2[tenant] or his heir or legal representative cannot be found
within six months from the date of the order of restoration passed
under clause (a), or is unwilling to take possession of the land, the
Collector may declare that the right of settlement is vested in the
landlord subject to the provisions of section 49L:
Provided that if the right of settlement is not exercised within one
year, the Collector may on the expiry of the period, settle the land on
behalf of the landlord on such terms as he deems fit with 1[a member
of the Scheduled tribes, Scheduled castes or backward classes] and it
the Collector is unable to make such settlement within a period of six
months an unrestricted right of settlement shall vest in the landlord.
1. Inserted by Act 19 of 1955.
2. Substituted by Act 19 of 1955.

49KK. Prevention of ejectment of settlees and lessees of

Government landand lessees of Government land :-

1[(1) If any settlee or lessee of Government land is threatened with

unlawful ejectment from the land settled or leased to him or any part
thereof by any other person, the Collector may of his own motion or on
application, made in this behalf by such settlee or lessee or his
representative initiate a proceeding for preventing such person from
ejecting the settlee or the lessee and may by orders in writing prevent
such person from ejecting the settlee or the lessee.
(2) If any settlee or lessee has been unlawfully ejected by any other
person from the land settled or leased out to him or any part thereof,
the Collector may on receipt of an application from the settlee or the
lessee or his representative for restoration of possession of the land or
on his own motion make such enquiry as may be necessary and order
that the settlee or lessee shall be put in possession of the land or part
thereof from which he has been so ejected.
(3) If the person against whom an order has been made under sub-
section (2) fails to carry out the orders of the Collector within such
time, as may be specified in the order, the Collector shall proceed to
put the settlee or lessee in possession of the land or a portion thereof
as the case may be, after ejecting such person and may for that
purpose use such force as may be necessary.]
1. Inserted by Act 8 of 1987.
49L. Resettlement of certain tenancies :-

(1) Whenever.--
(a) the right of settlement of any tenancy, or any portion thereof is
declared to be vested in the landlord under clause (b) of sub-section
(2) of section 49K, or
(b) 2[a protected tenant] surrenders his tenancy, or a portion thereof,
or abandons his residence and ceases to hold his tenancy, the landlord
may, subject to the provisions of sections 86 and 87.--
(i) settle the tenancy, or a portion thereof, with 2[ a member of the
Scheduled tribes, Scheduled castes or Backward classes,] or
(ii) with the approval of the Collector in writing, settle the same with a
person who is not 2[a member of the scheduled tribes, scheduled
castes or backward classes] or retain it in his own possession:
Provided that the Collector shall not with hold his approval if he is
satisfied that the landlord is unable to settle the land with 1[another
person, who is a member of the scheduled tribes, scheduled castes or
backward classes and that the surrender or abandonment referred to in
this sub-section was not made with the object of evading the
provisions of sections 49C, 49F, or 49G.
(2) If any landlord resettles or otherwise deals with any tenancy in
contravention of the provisions of sub-section (1), the Collector may,
subject to the proviso to sub-section (1), 49K, eject any person with
whom settlement has been made or who is in possession of the land in
contravention of the provisions of subsection (1), and may settle the
land with 2[ a member of the scheduled tribes, scheduled castes or
backward classes,] or, if he is unable to settle the land with 2[a
member of the scheduled tribes, scheduled castes or backward
classes,] shall restore the land to the landlord.
1. Inserted by Act 8 of 1987.
2. Substituted by Act 19 of 1955.

49M. Restrictions on sale of tenants rights under order of

Court :-

1[Notwithstanding anything contained in this Act,.--

(a) no decree or order shall be passed by any court for the sale of the
right of tenure-holder or under-raiyat who is a member of the
Scheduled Tribes, Scheduled Castes or Backward Classes in this tenure
or tenancy, or in any portion thereof, nor shall any such right be sold in
execution of any decree or order, except a decree for an arrear of rent
which has accrued in respect of the tenure or tenancy or a decree for
dues based on a simple mortgage in respect of a tenure or tenancy or
a portion there of as mentioned in the proviso to sub-section (2) of
section 49-F;
(b) no decree or order shall be passed by any court for the sale of the
right of a raiyat, who is a member of the Scheduled Tribes, Scheduled
Castes or Backward Classes in his holding or in any portion thereof, nor
shall such right be sold in execution of any decree except as provided
in sub-section (2) or a decree for dues based on a simple mortgage in
respect of a holding or a portion thereof as mentioned in the proviso to
sub-section (2) of Section 49F:
Provided that where such tenure, tenancy or holding or portion thereof
belongs to a member of the Scheduled Tribes or Scheduled Casts and
it is being sold in execution of a decree for dues on simple mortgage as
mentioned in the proviso to sub-section (2) of section 49-F, it shall not
he sold to a person who is not a member of the Scheduled Tribes or, as
the case may be the Scheduled Castes:]
2[Provided further that the member of a Scheduled Tribe shall be
competent notwithstanding anything to the contrary contained in any
judgment, decree or order of any court or authority or in the Code of
Civil Procedure, 1908 (Act V of 1908) or in any other law for the time
being in force to move any court, vested with appellate or revisional
jurisdiction to set aside the sale of his holding in execution of a decree
if the sale is in favour of a person not belonging to scheduled tribe and
such court shall proceed to consider the transfer even if the prayer had
not been made before the court that passed the decree.]
( 2 ) (a) When a decree for an arrear of rent which has accrued in
respect of the holding of 3[a raiyat who is a member of the scheduled
tribes, scheduled castes or backward classes,] has been passed, the
Court shall send the case to the Collector for execution of the said
decree and the Collector in execution of the said decree, may, in his
discretion, sell the holding or a portion thereof or eject the said raiyat
and settle the holding or a portion thereof with another raiyat on
payment of the decretal amount or a place the landlord in possession
of the said holding or a portion thereof for a period not exceeding
seven years. If the Collector places the landlord in possession for any
period, the decree shall, at the end of such period, be deemed to have
been satisfied in full, and the Collector may then restore the holding or
portion to the said raiyat or his heirs, or may settle it with 3[another
person, who is a member of the scheduled tribes, scheduled castes or
backward classes.]
(b) Before restoring or settling the holding under clause (a) of this sub-
section, the Collector may, if he is satisfied that the rent of the holding
has been illegally enhanced or is substantially in excess of the rent
payable by tenants of the same class for lands of a similar description
and with similar advantages in the vicinity, pass an order altering the
amount of the rent of the holding to an amount which he considers to
be fair.
3[(3) Nothing in this section shall affect any right to execute a decree
for the sale of any tenure, holding or tenancy of a protected tenant, on
the terms or conditions of any contract relating thereto, if such decree
was passed, or such contract registered.--
(a) in the case of Santals, in those portion of the districts of Monghyr,
Bhagalpur and Saharsa which lie south of the Ganges, before the first
of January, 1934;
(b) in the case of the Santals in the district of Purnea and in any
portion of the districts of Monghyr, Bhagalpur and Saharsa which lie
north of the Ganges and Koras, Bhueas, Kols, Mal Paharias (including
Navas and Pujaharsa, Sauria Paharias, Mundas and Oraons, in the
whole or any part of the districts of Monghyr, Bhagalpur, Purnea and
Saharsa, and Tharus and Oraons in the whole or any part of the district
of Champaran and Kharwars in the whole or any part of the district of
Monghyr, Bhagalpur, Purnea and Shahabad, before the date of the
publication by the State Government of declaration of its intention to
issue a notification with respect to these castes or tribes under sub-
section (2) of section 49-B, before the commencement of the Bihar
Tenancy (Amendment) Act, 1955; or
(c) in the case of other protected tenants, before the commencement
of the Bihar Tenancy (Amendment) Act, 1955.]
(4) Nothing in this section shall affect any right for the sale of any such
tenure, holding or tenancy for the recovery of any dues which are
recoverable as public demands.
1. Substituted by Act 10 of 1976.
2. Inserted by Act 8 of 1987.
3. Substituted by Act 19 of 1955.
49N. Stay or execution of decrees :-

If an application for the sale of a tenure or tenancy, or any portion

thereof, is made in execution of a decree against 1[ a protected
tenant,] in respect of the rent of such tenure, tenancy or portion
thereof the Court executing the decree shall allow the tenant
reasonable time in which to pay the amount due, and if an application
is made to the Collector under sub-section (1) of section 49 H before
execution of the decree, the Collector shall inform the Court that such
application has been made and the decree shall not be executed until
Collector has disposed of the application.
1. Substituted by act 19 of 1955.
49O. Appeal and revision :-

(1) An appeal if presented within thirty days from the date of the order
appealed against, shall lie to the Collector of the district from any order
made under sections 49G, 49H, 49K, 49L, or 49M by any officer in the
district exercising the powers of a Collector, and the order of the
Collector on appeal shall be final:
Provided that every order passed by the Collector on appeal shall be
subject to revision and modification by the Commissioner.
(2) Notwithstanding anything in sub-section (1), an appeal from any
order made under any of the sections mentioned in that sub-section by
an officer acting under Chapter X of this Act shall He to such officer as
the State Government may appoint in this behalf and the order of such
officer on appeal shall be final:
Provided that in every such case, every order passed by the said officer
on appeal shall be subject to revision and modification by such officer
as the State Government may appoint to deal therewith.
(3) An appeal as provided in sub-section (1), shall lie to the
Commissioner from any original order made by the Collector of the
district under any of the sections mentioned in that sub-section.
49P. Bar to suits :-

Notwithstanding anything in this Act, no suit shall lie in any Civil Court
to vary or set aside any order passed by any officer in any proceeding
under this Chapter except on the ground of fraud or want of
jurisdiction.
49Q. Saving of certain transfers :-
1[Nothing in this Chapter shall affect the validity of any transfer (not
otherwise invalid) by a tenure holder, raiyat or under-raiyat of his
tenure, holding or tenancy, or any portion thereof made:.--
(a) in the case of the Santals in those portions of the districts of
M onghyr, Bhagalpur and Saharsa, which lie south of the Ganges,
before the first January, 1934;
(b) in the case of Santals in the district of Purnea and in any portion of
the districts of Monghyr. Bhagalpur and Saharsa which lie north of the
Ganges, and Koras, Bhuias, Kols, Mal Paharias (including Nawas and
Pajahars), Sauria. Paharias Mundas and Oraons, in the whole or any
part of the districts of Monghyr, Bhagalpur Purnea and Saharsa and
Tharus and Oraons in the whole or any part of the district of
Champaran and Kharwars in the whole or any part of the district of
Monghyr, Bhagalpur, Purnea and Shahabad, before the date of the
publication by the State Government of a declaration of its intention to
issue a notification with respect to these castes or tribes under sub-
section (2) of section 49-B before the commencement of the Bihar
Tenancy (Amendment) Act 1955; or
(c) in the case of other protected tenants, before the commencement
of the Bihar Tenancy (Amendment) Act, 1955.
1. Substituted by Act 19 of 1955.
CHAPTER 7B SETTLEMENT OF WASTE LANDS
49R. Settlement of waste lands to be made by patta :-

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
Collector of the district.
1. Inserted by ibid.
49S. Settlement liable to be set aside :-

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 of
Chapter VII-A by the classes of tenants to whom the Chapter applies,
it shall be open to the Collector of the district to set aside the
settlement of such land in accordance with the provisions of section
49R.]
CHAPTER 8 GENERAL PROVISIONS AS TO RENT
50. Rules and presumptions as to fixity of rent :-

(1) Where a tenureholder or raiyat and his predecessors in interest

have held at a rent or rate of rent which has not been changed from
the time of the Permanent Settlement, the rent or rate of rent shall not
be liable to be increased except on the ground of an alteration in the
area of the tenure or holding.
(2) If it is proved in any suit or other proceeding under this Act that
either a tenure-holder or raiyat and his predecessors in interest have
held at a rent or rate of rent which has not been changed during the
twenty years immediately before the Institution of the suit or
proceeding, it shall be presumed until the contrary is shown, that they
have held at that rent or rate of rent from the time of the Permanent
Settlement:
Provided that if it is required by or under any enactment that in any
local area tenancies, or any class of tenancies, at fixed rents or rates
shall be registered as such on or before, a date specified by or under
the enactment the foregoing presumption shall not after that date
apply to any tenancy or, as the case may be, to any tenancy of that
class in that local area unless the tenancy has been so registered.
(3) The operation of this section, so far as it relates to land held by a
raiyat, shall not be affected by the fact of the land having been
separated from other land which formed with it a single holding or
amalgamated with order land into one holding.
(4) Nothing in this section shall apply to a tenure held for a term of
years determinable at the will of the landlord.
51. Presumption as to amount of rent and conditions of holding
:-

I f a question arises as to the amount of a tenants rent or the

conditions under which he holds in any agricultural year he shall be
presumed, until the contrary is shown, to hold at the same rent and
under the same condition as in the last preceding agricultural year.
Alteration of rent on alteration of area
52. Alteration of rent in respect of alteration in area :-

(1) Every tenant shall -

(a) be liable to pay additional rent for all land proved by measurement
to be in excess of the area for which rent has been previously paid
him; unless it is proved that the excess is due to the addition to the
tenure or holding of land which having previously belonged to the
tenure or holding was lost by diluvion or otherwise without any
reduction of the rent being made; and
(b) be entitled to a deduction of rent in respect of any deficiency
proved by measurement to exist in the area of his tenure or holding as
compared with the area for which rent has been previously paid by him
unless it is proved that the deficiency is due to the loss of land which
was added to the area of the tenure or holding by alluvion or otherwise
and that an addition has not been made to the rent in respect of the
addition to the area.
(2) In determining the area for which rent has been previously paid,
the Court shall, if so required by any party to the suit have regard to.--
(a) the origin and conditions of the tenancy, for Instance whether the
rent was a consolidated rent for the entire tenure or holding;
(b) whether the tenant has been allowed to hold additional land in
consideration of an addition to his total rent or otherwise with the
knowledge and consent of the landlord;
( c) the length of time during which the tenancy has lasted without
disputes as to rent or area; and
(d) the length of the measure used or in local use at the time of the
origin of the tenancy as compared with that used or in local use at the
time of the Institution of the suit.
(3) In determining the amount to be added to the rent, the Court shall
have regard to the rates payable by tenants of the same class for lands
of a similar description and with similar advantages in the vicinity, and,
in the case of a tenure-holder, to the profits to which he is entitled in
respect of the rent of his tenure, and shall not in any case fix any rent
which, under the circumstances of the case, is unfair or inequitable.
(4) The amount abated from the rent shall bear the same proportion to
the rent previously payable as the diminution of the total yearly value
of the tenure or holding bears to the previous total yearly value
thereof, or, in default of satisfactory proof of the yearly value of the
land lost, shall bear to the rent previously payable the same proportion
as the diminution of area bears to the previous area of the tenure or
holding.
(5) When in a suit under this section the landlord or tenant is unable to
indicate any particular land as held in excess, the rent to be added on
account of the excess area may be calculated at the average rate of
rent paid on all the lands of the holding exclusive of such excess area.
(6) When in a suit under this section the landlord or tenant proves that
at the time the measurement on which the claim is based was made,
there existed in respect of the estate or permanent tenure or part
thereof in which the tenure or holding is situate, a practice of
settlement being made after measurement of the land assessed with
rent, it may be presumed that the area of the tenure or holding
specified in any patta or kabuliyat or (where there is an entry of area
in a counterfoil receipt corresponding to the entry in the rent-roll) in
any rent roll relating to it, has been entered in such patta, kabuliyat or
rent-roll after measurement.
52A. Abatement of rent on account of diluvion and re-entry
into lands which reform on the old site :-

(1) If the land of a holding or a portion thereof is lost by diluvion, the

rent of the holding shall abate by an amount which bears to the rent of
the entire holding the same proportion as the area lost hears to the
area of the entire holding.
(2) (a) Notwithstanding anything to the contrary contained in this Act
or in any other law or in any contract, the right, title and interest of
the raiyat shall subsist in such land or portion during the period of loss
by diluvion and the raiyat shall have the right to immediate possession
on the reformation of such land or portion on its old site.
(b) The amount to be added to the rent of the holding on account of
lands which have reformed shall, until modified in accordance with the
provisions of this Act, be in the same proportion as the area of the
lands reformed bears to the total area of the holding.
52B. Tenant not liable to pay rent of holding for the period of
dispossession :-

Where a landlord dispossesses a tenant from his holding or part

thereof, the landlord shall not be entitled to any rent in respect of the
holding or part thereof for the period of such dispossession.
Payment of rent.]1
1. The word "rent" in ss. 53 to 55, includes also money recoverable
under any enactment for the time being in force as if was rent-see s. 3
(5) ante.
53. Installments of rent :-

Subject to agreement or established usage, a money-rent payable by a

tenant shall be paid in four equal Inslments falling due on the last day
of each quarter of the agricultural year.
54. Time and place for payment of rent :-

Every tenant or the mortgagee of his holding or tenure or of a portion

of his holding or tenure shall pay each Installment of rent before sun-
set of the day on which it fails due.
(2) The payment shall, except in cases where a tenant or the
mortgagee of his holding or tenure or of a portion of holding or tenure
is allowed under this Act to deposit his rent, be made at the landlords
village-office, or at such other convenient place as may be appointed in
that behalf by the landlord or by postal money-order:
Provided that if payment of rent or a portion of rent by postal money-
order is accepted an entry in the postal money-order shall not be
evidence of the area of the holding, the amount of rent payable or of
the existence of the relationship of landlord and tenant or the
mortgagee of his holding or tenure or of a portion of his holding or
tenure between the persons who are described as such in the postal
money-order form.
(3) Where rent or portion of rent is sent by postal money-order, the
postal acknowledgment in the case of acceptance and the money-order
coupon in the case of refusal duly sealed by the post office shall be
admissible in evidence without formal proof and shall be presumed to
be a correct-record of acceptance or refusal, as the case may be, by
the payee unless the contrary is proved.
(3a) Where rent or a portion of rent is remitted by postal money-order,
an entry in the postal money-order form as to the amount of rent
remitted shall operate as an acquittance for the amount of the rent so
remitted in the same manner and to the same extent as if the amount
of rent had been received by the landlord.
(4) Any Installment or part of an Installment of rent not duly paid at or
before the time when it falls due shall be deemed as an arrear:
Provided that, where rent is payable to the State Government any
Installment or part of an Installment not duly paid at or before the
time when it falls due shall be deemed to be an arrear only at the end
of the agricultural year.
55. Appropriation of payments :-

When a tenant of the mortgagee of his holding or tenure makes a

payment on account of rent, he may declare the year and Installment
to which he wishes the payment to be credited.
(2) Notwithstanding any declaration mentioned in sub-section (1), if
there is any arrear of rent due by the tenant, the recovery of which is
not barred by the law for the time being in force as to limitation of suit
for arrears of rent, the payment may, at the option of the landlord, be
applied first to such arrear.
1[Receipts and accounts.

1. The word "rent" in ss. 56 to 60, includes also money recoverable

under any enactment for the time being in force as if it was rent-see s.
3 (b) ante.
56. Tenant making payment to his landlord entitled to a
receipt :-
(1) Every tenant 1[or the mortgagee of his holding or tenure or of a
portion of his holding or tenure who makes a payment on account of
rent to his landlord shall be entitled to obtain forthwith from the
landlord a written receipt for the amount paid by him, signed by the
landlord.
(2) The landlord shall prepare and retain a counterfoil of the receipt.
(3) The receipt and counterfoil shall specify such of the several
particulars shown in the form of receipt given in Schedule II to this Act
as can be specified by the landlord at the time of payment:
Provided that the Board of Revenue may, from time to time, prescribe
or sanction a modified form 2[either generally or for any particular local
area or class of cases.
(4) If a receipt does not contain substantially the particulars required
by this section it shall be presumed, until the contrary is shown, to be
an acquittance in full of all demands for rent up to the date on which
the receipt was given.
1. For orders made under sec. 56 (3), see the Bihar and Orissa Local
Statutory Rotes and Orders. Vol. I. Part IV.

57. Tenant entitled to full discharge of statement of account at

close of year :-

(1) Where a landlord admits that all rent payable by a tenant to the
end of the agricultural year has been paid, the tenant or the
mortgagee of his holding or tenure of a portion of his holding or tenure
shall be entitled to receive from the landlord, free of charge, within
three months after the end of the year, a receipt in full discharge of all
rent falling due to the end of the year, signed by the landlord.
(2) Where the landlord does not so admit, the tenant or the mortgagee
of his holding or tenure of his holding or tenure shall be entitled, on
paying a fee of four annas, to receive, within three months after the
end of the year, a statement of account specifying the several
particulars shown in the form of account given in Schedule II to this
Act, or in such form as may from time to time be prescribed by the
Board of Revenue either generally or for any particular local area or
class of cases.
(3) The landlord shall prepare and retain a copy of the statement
containing similar particulars.
58. Penalties and fine for withholding receipts and statements
of accounts and failing to keep counterparts :-

(1) If a landlord without reasonable cause refuses or neglects to deliver

to a tenant or the mortgagee of his holding or tenure or of a portion of
his holding or tenure a receipt containing the particulars prescribed by
section 56 for any rent paid by the tenant or the mortgagee of his
holding or tenure or a portion of his holding or tenure, the tenant or
the mortgagee of his holding or tenure or of a portion of his holding or
tenure may, within three months from the date of payment, Institute a
suit to recover from him such penalty, not exceeding double the
amount or value of that rent, as the Court thinks fit.
(2) If a landlord without reasonable cause refuses or neglects to deliver
to a tenant or the mortgagee of the holding or tenure or of a portion of
his holding or tenure demanding the same either the receipt in full
discharge or if the mortgagee of his holding or tenure or of a portion of
his holding or tenure is not entitled to such a receipt, the statement of
account for any year prescribed in section 57, the tenant or the
mortgagee of his holding or tenure or of a portion of his holding or
tenure may, within the next ensuing agricultural year Institute a suit to
recover from him such penalty as the Court thinks fit, not exceeding
double the aggregate amount or value of all rent paid by the tenant or
the mortgagee of his holding or tenure or of a portion of his holding or
tenure to the landlord during the year for which the receipt or account
should have been delivered.
(3) If a landlord or his agent, without reasonable cause, fails to deliver
to the tenant or the mortgagee of his holding or tenure or of a portion
of his holding or tenure a receipt or statement, or to prepare and retain
a counterfoil or copy of a receipt or statement, as required by either of
the said section such landlord or agent, as the case may be, shall be
liable to a fine not exceeding fifty rupees, to be imposed, after
summary inquiry, by the Collector.
(4) The Collector may hold a summary inquiry under sub-section (3)
either on his own motion or on information received from a Revenue-
officer within one year, or upon complaint of the party aggrieved made
within three months, from the date of failure, or upon report of a Civil
Court.
(5) Where, in any case Instituted under sub-section (3), the Collector
discharges any landlord or agent, and is satisfied that the complaint of
the tenant or the mortgagee of his holding or tenure of a portion of his
holding or tenure or which the proceedings were Instituted is false or
vexatious, the Collector may, in his discretion, by his order of
discharge, direct the tenant, or tenure to pay to such landlord or agent
such compensation, not exceeding fifty rupees, as the Collector thinks
fit.
(6) An appeal shall lie to the prescribed authority against any order of
the Collector imposing a fine under sub-section (3) or awarding
compensation under sub-section (5), and the order passed by such
authority in such appeal shall be final.
(7) Any fine imposed or compensation awarded under this section may
he recovered in the manner provided by any law]1 for the time being
in force for the recovery of a public demand.
(8) For the purpose of an inquiry under this section, the Collector shall
have power to summon, and enforce the attendance of witness and
compel the production of documents in the same manner as is provided
in the cases of a Court under the Code of Civil Procedure 2[(14 of
1882).
1. See the Bihar and Orissa Public Demands Recovery Act, 1914 (B. &
O. Act 4 of 1914), ss. 4 and 5.
2. See Code of Civil Procedure, 1903 (5 of 1998).
59. State Government to prepare forms of receipt and account
:-

(1) The State Government shall cause to be prepared and kept for sale
t o landlord at all divisional offices forms of receipts with counterfoils
and of statements of account suitable for use under the foregoing
sections.
(2) The forms shall be sold in books with the leaves consecutively
numbered and no landlord shall use any forms other than the forms
aforesaid for granting receipts to tenants:
Provided that where such forms are not available for sale at any
subdivisional office, a landlord may use forms printed by him after such
forms have been consecutively numbered and stamped with the seal of
the Collector in the prescribed manner.
(3) Every landlord shall submit returns in the prescribed form to the
Collector at the end of the agricultural year showing the numbers of
volumes and the serial number of receipts in each volume used in
granting receipts for payment of rent in respect of each village during
that agricultural year.
(4) If any landlord contravenes the provisions of sub-section (3) or
furnishes any false particulars regarding any matter in respect of which
he is required under the aforesaid sub-section to furnish returns, he
shall be liable to a fine not exceeding five hundred rupees to be
imposed, after summary inquiry, by the Collector.
(5) Any landlord aggrieved by any order of the Collector under sub-
section (4) may appeal to the prescribed authority within such period
as may be prescribed.
(6) If any person who is not a tenant or who is not, under any law for
the time being in force, entitled to pay the rent of any holding remits
rent to the landlord, such rent shall not be refundable to such person
and may at the option of the landlord be appropriated by him.
60. Effect of receipt by registered proprietor, manager or
mortgagee :-

Where rent is due to the proprietor, manager or mortgagee of an

estate the receipt of the person registered under the Land Registration
Act, 1876 (Ben. Act 7 of 1876) as proprietor, manager or mortgagee of
that estate, or of his agent authorized in that behalf shall be a
sufficient discharge for the rent: and the person liable for the rent shall
not be entitled to plead in defence to a claim by the person so
registered that the rent is due to any third person.
But nothing in this section shall affect any remedy which any such third
person may have against the registered proprietor, manager or
mortgagee.
Deposit of rent]1
1. The word "rent" in ss. 61 to 64, includes also money recoverable
under any enactment for the time being in force as if it was rent.-- see
s. 3(5) ante.
61. Application to deposit rent in Court :-

(1) In any of the following cases, namely:.--

(a) when a tenant or the mortgagee of his holding or of a portion of his
holding or tenure tenders money on account of rent and the landlord
refuses to receive it or refuses to grant a receipt for it;
(b) when a tenant or the mortgagee of his holding or tenure or of a
portion of his holding or tenure 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 person to whom his rent is
payable will not be willing to receive it and to grant him a receipt for
it;
(c) when the rent is payable to co-sharers jointly, and the tenant or
the mortgagee of this holding or tenure or of a portion of his holding or
tenure 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 their
behalf; or
(d) when the tenant or the mortgagee of his holding or tenure or of a
portion of his holding or tenure entertaInseona fide doubt as to who is
entitled to receive the rent;
the tenant or the mortgagee of his holding or tenure or of a portion of
his holding or tenure may present to the Court having jurisdiction to
entertain a suit for the rent of his tenure or holding an application in
writing for permission to deposit in the Court the full amount of the
money then due or which will be come due at the end of the
agricultural year in which the deposit is made.]
(2) The application shall contain a statement of the grounds on which
it is made; shall state.--
in case (a) and (b), the name of the person to whose credit the deposit
is to be entered,
in case (c), the names of the sharers to whom the rent is due, or of so
many of them as the tenant or the mortgagee or his holding or tenure
or of a portion of his holding or tenure may be able to specify, and
in case (d), the names of the person to whom the rent was last paid
and of the person or persons now claiming it;
shall be signed and verified, in the manner prescribed in section 52 of
the Code of Civil Procedure 1[14 of 1882], by the tenant or the
mortgagee of his holding or tenure or of a portion of his holding or
tenure] or where he is not personally cognizant of the facts of the case,
by some person so cognizant; and shall be accompanied by a fee of
such amount as the State Government, from time to time, by rule]2,
directs.
1. See the Code of Civil Procedure, 1908 (V of 1908) R. 15 O. VI.
2. For rules made under s. 61 (2), see Bihar and Orissa Local Statutory
Rules and Orders, Vol I, Part IV.
62. Receipt granted by Court for rent deposited to be a valid
acquittance :-

(1) If it appears to the Court to which an application is made under the

last foregoing section that the applicant is entitled under that section
to deposit the rent, it shall receive the rent and give a receipt for it
under the seal of the Court.
(2) A receipt given under this section shall operate as an acquittance
for the amount of the rent payable by the tenant and deposited as
aforesaid, in the same manner and to the same extent as if that
amount of rent had been received.--
in cases (a) and (b) of the last foregoing section, by the person
specified in the application as the person to whose credit the deposit
was to be entered;
in case (c) of that section, by the co-sharers to whom the rent is due:
and
in case (d) of that section by the person entitled to the rent.
63. Notification of receipt of deposit :-

(1) The Court receiving the deposit shall forthwith cause to be affixed
in a conspicuous place at the Court house a notification of the receipt
thereof, containing a statement of all material particulars.
( 2 ) If the amount of the deposit is not paid away under the next
following section, within the period of fifteen days next following the
date on which the notification is so affixed, the Court shall forthwith.--
in cases (a) and (b) of section 61, cause a notice of the receipt of the
deposit to be served, free of charge, on the person specified in the
application as the person to whose credit the deposit was to be
entered;
in case (c) of that section, cause a notice of the receipt of the deposit
to be posted at the landlords village office or in some conspicuous
place in the village in which the holding is situate; and
in case (d) of that section, cause a like notice to be served, free of
charge, on every person whom it has reason to believe claims or is
entitled to the deposit.
64. Payment of refund of deposit :-

(1) The Court may pay the amount of the deposit to any person
appearing to it to be entitled to the same, or may, if it thinks fit, retain
the amount pending the decision of a Civil Court as to the person so
entitled.
(2) The payment may, if the State Government so direct, be made by
postal money-order.
(3) If no payment is made under this section before the expiration of
three years from the date on which a deposit is made, the amount
deposited may, in the absence of any order of a Civil Court, to the
contrary, be repaid to the depositor upon his application and on his
returning the receipt given by the Court with which the rent was
deposited.
(4) No suit or other proceeding shall be Instituted against the
Government or against any officer of the Government, in respect of
any thing done by a Court receiving a deposit under the foregoing
sections; but nothing in this section shall prevent any person entitled
to receive the amount of any such deposit from recovering the same
from a person in whom it has been paid under the section.
Arrears of Rent]1
1. The word "rent" in ss. 65-68 includes also money recoverable under
any enactment for the time being in force as if it was not rent.-- see s.
3 (5) ante.
65. Liability to sale for arrears in case of permanent tenure,
holding at fixed rates or occupancy-holding :-

Where a tenant is a permanent tenure-holder, a raiyat holding at fixed

rates or an occupancy-raiyat, he shall not be liable to ejectment for
arrears of rent, but his tenure or holding or part of his holding, shall be
liable to sale in execution of a decree for the rent of the tenure or
holding, and the rent shall be a first charge on the tenure or holding.
66. Ejectment for arrears in other cases :-

(1) When an arrear of rent remains due from a tenant not being a
permanent tenure holder, a raiyat holding at fixed rates or an
occupancy-raiyat, at the end of the Bengali year]1 where that year
prevails, or at the end of the month of jeth]2 where the Fasli or Amli
year prevails; the landlord may, whether he has obtained a decree for
the recovery of the arrear or not and whether he is entitled by the
terms of any contract to eject the tenant for arrears or not, institute a
suit to eject the tenant.
(2) In a suit for ejectment for an arrear of rent a decree or rent a
decree passed in favour of the plaintiff shall specify the amount of the
arrear and of the interest (if any) due thereon, and the decree shall
not be executed if that amount and the costs of the suit are paid into
Court within fifteen days from the date of the decree, or, when the
Court is closed on the fifteenth day, on the day upon which the Court
re-opens.
(3) The court may for special reasons extend the period of fifteen days
mentioned in this section.
1. i.e., the month of Chaitra, which corresponds, to the last part of
March and the first part of April.
2. The month of Jeth corresponds to the last part of May and the first
part of June.
67. Interest on arrear :-

(1) An arrear of rent shall bear simple interest at the rate of six and a
quarter per centum per annum.
(2) Such interest shall be payable, in the case of a money rent from
the expiry of that quarter of the agricultural year in which the
instalment falls due, and, in the case of a rent payable in any of the
ways mentioned in sub-section (1) of section 40, from the end of the
agricultural year in which the payment falls due and shall in either case
be payable up to the date of payment or of the institution of suit,
whichever date is earlier.
68. Power to award damages on rent without reasonable
cause, or to defendant improperly used for rent :-

Rep. by the Bihar Tenancy (Amendment) Act, 1937 (Bihar Act 8 of

1937).
Produce rents.
69. Order for dividing produce :-

(1) Where rent is taken by division of the produce.--

(a) if either the landlord or the tenant neglects to attend, either
personally or by agent, at the proper time for making the division; or
(b) if there is a dispute about the division of the produce, the Collector
may on the application of either the landlord, if made within such
period as may be prescribed, or the tenant, and on his depositing such
sumon account of expenses as the Collector may require, make an
order appointing such officer as he thinks fit to divide the produce.
(2) The Collector may, without such an application, make the like order
in any case where in the opinion of the District or Subdivisional
Magistrate the making of the order would be likely to prevent a breach
of the peace.
(3) Where a Collector makes an order under this section, he may, by
order, prohibit the removal of the produce until the division has been
effected; but an order made by the Collector under this sub-section
shall not prevent the execution of any order passed by the Court for
the distraint of the tenants crops.
(4) Every officer appointed by the Collector under sub-section (1) to
divide the produce shall for the purposes of the Indian Penal Code (45
of 1860), he deemed to be a public servant.
70. Procedure where officer appointed :-

(1) When a Collector appoints an officer under the last foregoing

section, the Collector may, in his discretion, direct the officer to
associate with himself any other persons as assessors, and may give
h i m instructions regarding the number, qualifications and mode of
selection of those assessors (if any), and the procedure to he followed
in making the division; and the officer shall conform to the instruction
so given.
(2) The officer shall, before making a division, give notice to the
landlord and tenant of the time and place at which the division will be
made; but if either the landlord or, the tenant fails to attend either
personally or by agent, he may proceed ex-parte.
(3) When the officer has made the division he shall submit a report of
his proceedings to the Collector.
(4) The Collector shall consider the report, and, after giving the parties
an opportunity of being heard and making such inquiry (if any) as he
may think necessary, shall pass such order thereon as he thinks just,
(5) (a) If the Collector is satisfied that an application made under
section 69 by either party was rendered necessary by the negligence,
delay, obstruction, or other unlawful conduct of the other party, he
may make an order directing that the amount deposited for expenses
under sub-section (1) of the said section, shall be returned to the
applicant and shall be paid by the other party, and may, in addition,
require the other party to pay to the applicant such compensation as
he thinks fit.
(b) If the Collector is satisfied that an application made by either party
under section 69 was made without adequate and sufficient reasons,
he may make an order directing that the applicant shall pay to the
other party such compensation as he thinks fit.
(6) The Collector may, if he thinks fit, refer any question in dispute
between the parties for the decision of a Civil Court, but, subject as
aforesaid, his order shall be final and shall, on application to a Civil
Court by the landlord or tenant, be enforceable as a decree.
71. Rights and liabilities as to possession of crop :-

(1) Where rent is taken by division of the produce, the tenant shall be
entitled to the exclusive possession of the whole produce until it is
divided, but shall not be entitled to remove any portion of the produce
from the threshing-floor at such a time or in such a manner as to
prevent the due division thereof at the proper time.
(2) Where rent is taken by division of the produce, the tenant shall be
entitled to cut and harvest the produce in due course of husbandary
without any interference on the part of the landlord.
(3) If the tenant removes any portion of the produce at such a time or
in such a manner as to prevent the due division thereof at the proper
time, the produce may at the discretion of the Collector be presumed
to have been as full as the fullest crop of the same description divided
in the neighbourhood on similar land for that harvest.
1[Liability for rent on change of landlord or after transfer of tenure or
holding.
1. The word " rent" in ss. 72, 73, 74 and 75 includes also Money
recoverable under any enactment for the time being in force as if it
was rent-see s. 3 (5), ante.
72. Tenant not liable to transferee of landlords interest for
rent paid to former landlord without notice of the transfer :-

(1) A tenant shall not, when his landlords interest is transferred, be

liable to the transferee for rent which became due after the transfer
and was paid to the landlord whose interest was so transferred, unless
the transferee has before the payment given notice of the transfer to
the tenant.
(2) Where there is more than one tenant paying rent to the landlord
whose interest is transferred a general notice from the transferee to
the tenants published in the prescribed manner shall be a sufficient
notice for the purposes of this section.
73. Liability for arrear of rent on transfer of whole or part of
holding :-

(1) When an occupancy holding has been transferred in whole or in

part, whether before or after the commencement of the Bihar Tenancy
(Amendment) Act, 1938 (Bihar Act 11 of 1938), by sale, exchange or
gift, or by sale in execution of a decree or of a certificate filed under
the Bihar and Orissa Public Demands Recovery Act, 1914 (B. & O. Act 4
of 1914) other than a decree for a certificate for arrears of rent due in
respect of the holding--
(a) all arrears of rent due in respect of the holding before the date of
the transfer shall be a first charge on the holding;
(b) the transferor shall be liable for all arrears due before the date of
the transfer; and
(c) the transfer or and the transferee shall be jointly and severally
liable for all arrears falling due between the date of the transfer and
the date of the distribution of the rent.
(2) In this section the expression " date of the transfer" means,--
(a) in the case of transfer by sale, exchange or gift--the date of the
execution of the instrument of transfer on the date on which the
transaction was completed, as the case may be; and
(b) in the case of a sale in execution of a decree or certificate filed
under the Bihar and Orissa Public Demands Recovery Act, 1914 (B. &
O. Act 4 of 1914)--the date of the sale.]
74. Abwab, etc., illegal :-

All impositions upon tenants under the denomination of abwab, mathat

other like appellations in addition to the actual rent, shall be illegal,
and all stipulations and reservations for the payment of such shall be
void.
75. Penalty for illegal exactions by landlord or agent of
landlord :-

(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 kind in excess of the rent or local
cess lawfully payable by such tenant and the interest payable on an
arrear of such rent or cess, 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 sub-section (a) shall be bailable, and shall be
compoundable with the consent of the person against whom the
offence was committed.
( c ) Any order of conviction passed under this section shall be
appealable to the Court to which appeal ordinarily lies under the Code
of Criminal Procedure, 1898 1[(5 of 1898)
1. See the Code of Criminal Procedure, 1973 (2 of 1974).
C HAPTER 9 MISCELLANEOUS PROVISIONS
AS TO LANDLORD AND
TENANTS
76. Definition of "improvement" :-

(1) For the purposes of this Act, the terms "improvement", used with
reference to raiyat s holding, shall mean any work which adds to the
value of the holding which is suitable to the holding and consistent
with the purpose for which it was let and which, if not executed on the
holding, is either executed directly for its benefit, or is, after execution,
made directly beneficial to it.
(2) Until the contrary is shown, the following shall be presumed to be
improvements within the meaning of this section:--
(a) the construction of wells, tanks, water-channels and other work for
the storage, supply or distribution of water for the purposes of
agriculture, or for the use of men and cattle employed in agriculture;
(b) the preparation of land for irrigation;
(c) the drainage, reclamation from rivers or other waters, or protection
from floods, or from erosion or other damages by water, of land used
for agricultural purposes, or waste land which is culturable;
(d) the reclamation, clearance, enclosure or permanent improvement of
land for agricultural purposes;
(e) the renewal or re-construction of any of the foregoing works, or
alterations therein or additions thereto; and
(f) the erection of a suitable dwelling-house for the raiyat and his
family, together with all necessary out-offices.
(3) But no work executed by the raiyat of a holding shall be deemed to
be an improvement for the purposes of this Act if it substantially
diminishes the value of his landlords property.
77. Right to make improvements in cases of holding at fixed
rates and occupancy-holding :-

(1) Where a raiyat holds at fixed rates or has an occupancy-right in his

holding, neither the raiyat nor his landlord shall, as such, be entitled to
prevent the other from making an improvement in respect of the
holding, except on the ground that he is willing to make it himself.
(2) If both the raiyat and his landlord wish to make the same
improvement, the raiyat shall have the prior right to make it, unless it
affects another holding or other holdings under the same landlord.
78. Collector to decide question as to right to make
improvements, etc :-

If a question arises between the raiyat and his landlord--

(a) as to the right to make an improvement, or
(b) as to whether a particular work is an improvement, the Collector
may, on the application of either party, decide the question, and his
decision shall be final.
79. Right to make improvements in case of non-occupancy
holding :-

(1) A non-occupancy raiyat shall be entitled to construct, maintain and

repair a well for the irrigation of his holding, with all works incidental
thereto, and to erect a suitable dwelling house for himself and his
family, with all necessary out offices; but shall not, except as aforesaid
and as next hereinafter provided, he is entitled to make any other
improvement in respect of his holding without his landlords permission.
(2) A non-occupancy raiyat who would, but for the want of his
landlords permission, be entitled to make an improvement in respect of
his holding, may, if he desires that the improvement be made, deliver,
or cause to be delivered, to his landlord a request in writing calling
upon him to make the improvement within a reasonable time; and, if
the landlord is unable or neglects to comply with that request, may
make the improvement himself.
80. Registration of landlords improvements :-

(1) A landlord may, by application to such Revenue officer as the Board

o f Revenue may appoint, register any improvement which he has
lawfully made or which has been lawfully made at his expense or which
he has assisted a tenant in making.
(2) The application shall be in such form, shall contain such
information, and shall be verified in such manner, by local inquiry or
otherwise, as the State Government, from time to time, by rule directs.
(3) The officer receiving the application may reject it if it has not been
made within twelve months--
(a) in the case of improvements made before the commencement of
this Act.--
from the commencement of this Act;
(b) in the case of improvements made after the commencement of this
Act.--
from the date of the completion of the work.
81. Application to record evidence as to improvement :-

( 1 ) If, any landlord or tenant of a holding desires that evidence

relating to any improvement made in respect thereof be recorded, he
may apply to a Revenue-officer, who shall there upon, at a time and
place of which notice shall be given to the parties, record the evidence,
unless he considers that there are no reasonable grounds for making
the application, or it is made to appear that the subject-matter thereof
is under enquiry in a Civil Court.
(2) When any matter has been recorded under this section, the record
thereof shall be admissible in evidence in every subsequent proceeding
between the landlord and tenant or any person claiming under them.
82. Compensation for raiyat improvements :-

(1) Every raiyat who is ejected from his holding shall be entitled to
compensation for improvements which have been made in respect
thereof in accordance with this Act by him, or by his predecessor in
interest, and for which compensation has not already been paid.
(2) Whenever a Court makes a decree or order for the ejectment of a
raiyat it shall determine the amount of compensation (if any) due
under this section to the raiyat for improvements, and shall make the
decree or order of ejectment conditional on the payment of that
amount to the raiyat.
(3) No compensation under this section for an improvement shall be
claimable where the raiyat has made the improvement in pursuance of
a contract or under a lease binding him, in consideration of some
substantial advantage to be obtained by him, to make the
improvement without compensation, and he has obtained that
advantage.
(4) Improvements made by a raiyat between the second day of March,
1883, and the commencement of this Act shall be deemed to have
been made in accordance with this Act.
(5) The State Government may, from time to time, by notification in
the Official Gazette, make rules requiring the court to associate with
itself, for the purpose of estimating the compensation to be awarded
under this section for an improvement, such number of assessors as
the State Government thinks fit, and determining the qualifications of
those assessors and the mode of selecting them.
83. Principle on which compensation is to be estimated :-

In estimating the compensation to be awarded under the last foregoing

section for an improvement, regard shall be had--
(a) to the amount by which the value, or the produce, of the holding or
the value of that produce, is increased by the improvement;
(b) to the condition of the improvement, and the probable duration of
its effects;
(c) to the labour and capital required for the making of such an
improvement;
(d) to any reduction or remission of rent or any other advantage given
by the landlord to the raiyat in consideration of the improvement; and
(e) in the case of a reclamation or of the conversion of unirrigated into
irrigated land, to the length of time during which the raiyat has had
the benefit of the improvement at an enhanced rent.
(2) When the amount of the compensation has been assessed, the
Court may, if the landlord and raiyat agree, direct that, instead of
being paid wholly in money, it shall be made wholly or partly in some
other way.
84. Acquisition of land for building and other purposes :-

A Civil Court may, on the application of the landlord of a holding, and

on being satisfied that he is desirous of acquiring the holding or part
thereof for some reasonable and sufficient purpose having relation to
the good of the holding or of the estate in which it is comprised,
including the use of the ground as building ground or for any religious,
educational or charitable purpose;
and on being satisfied on the certificate of the Collector that the
purpose is reasonable and sufficient;
authorize the acquisition thereof by the landlord upon such conditions
as the Court may think fit, and require the tenant to sell his interest in
the whole or such part of the holding to the landlord upon such terms
as may be approved by the Court, including full compensation to the
tenant.
85. Restrictions on sub-letting :-

(1) If a raiyat sub-lets otherwise than by a registered instrument, the

sub-lease shall not be valid, against his landlord unless made with the
landlords consent.
(2) Where a raiyat has, without the consent of his landlord, granted a
sub-lease by an instrument registered before the commencement of
this Act, the sub-lease shall not be valid for more than nine years from
the commencement of this Act.
86. Surrender :-

(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.
(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 three months before he surrenders,
notice of his intention to surrender.
(3) When a raiyat has surrendered his holding, the Court shall, in the
following cases for the purposes of sub-section (2), presume, until the
contrary is shown, that such notice was so given, namely:--
(a) if the raiyat takes a new holding in the same village from the same
landlord during the agricultural year next following the surrender;
(b) if the raiyat ceases, at least three months before the end of the
agricultural year at the end of which the surrender is made, to reside
to the village in which the surrendered holding is situate.
(4) The raiyat may, if he thinks fit, cause the notice to be served
through the Civil Court within the jurisdiction of which the hoi ding or
any portion of it is situate.
(5) When a raiyat has surrendered his holding, the landlord may enter
on the holding and either let it to another tenant or take it into
cultivation himself.
(6) When a holding is subject to an incumbrance secured by a
registered instrument or when there is an under raiyat on the holding
or part thereof the surrender of the holding shall not be valid unless it
is made with the consent of the landlord and the incumbrancer or the
under-raiyat or both, as the case may be.
(7) Save as provided in the last foregoing sub-section, 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.
87. Abandonment :-

(1) If a raiyat voluntarily abandons his residence without notice to his

landlord and without arranging for payment of his rent as it falls due
and ceases to cultivate his holding either by himself or by some other
person, the landlord may, at any time after the expiration of the
agricultural year in which the raiyat so abandons arid ceases to
cultivate, enter on the holding and let it to another tenant or take it
into cultivation himself.
(2) Before a landlord enters under this section, he shall file a notice in
the prescribed form in the Collectors office, stating that he has treated
the holding as abandoned and is about to enter on it accordingly; and
the Collector shall cause a notice to be published in such manner as the
State Government, by rule, directs.
(3) When a landlord enters under this section, the raiyat shall be
entitled to institute a suit for recovery of possession of the land at any
time not later than the expiration of two years, or, in the case of a
non-occupancy-raiyat, six months from the date of the publication of
the notice; and thereupon the Court may, on being satisfied that the
raiyat did not voluntarily abandon his holding, order recovery of
possession on such terms, if any, with respect to compensation to
persons injured and payment of arrears of rent as to the Court may
seem just.
(4) Where the whole or part of a holding has been sublet by a
registered instrument the landlord shall, before entering under this
section, on the holding, offer the whole holding to the sub-lessee for
t he remainder of the term of the sub-lease at the rent paid by the
raiyat, who has ceased to cultivate the holding, and on condition of the
sub lessee paying up all arrears due from that raiyat. If the sub-lessee
refuses or neglects within a reasonable time to accept the offer, the
landlord may avoid the sub-lease and may enter on the holding and let
it to another tenant or cultivate it himself as provided in sub-sections
(1) and (2).
(5) If an under-raiyat has a right of occupancy in a holding or a portion
thereof the landlord shall before entering on the holding under this
section, offer the whole holding to the under-raiyat at the rent paid by
raiyat and on condition of the under-raiyat paying up all arrears due
from the raiyat. If the under-raiyat refuses or neglects within a
reasonable time to accept the offer, the landlord may enter on the
holding and let it to another tenant or cultivate it himself, as provided
in sub-sections (1) and (2).
88. Division of tenancy not binding on landlord without his
consent :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
88A. Division of tenure or holding and distribution of rent :-

( 1 ) When a portion of a tenure or holding of a tenure-holder or

occupancy-raiyat or a raiyat holding at fixed rate is transferred by sale
(including a sale in execution of a decree other than a decree for
arrears of rent), exchange or gift, the transferor and the transferee
may, in the case of a transfer made after the date of the
commencement of the Bihar Tenancy (Amendment) Act, 1947 (Bihar
Act 23 of 1947), at the time of the transfer or at any time thereafter,
and in the case of a transfer made before the date of the
commencement of the said Act, at any time after such date, divide the
tenure or holding or distribute the rent payable in respect thereof by
agreement.
(2) Any division of the tenure or holding or distribution of the rent
payable in respect thereof made under sub-section (1) shall be binding
on the landlord if the transferee sends to the landlord by registered
post a notice of such division or distribution and containing the
prescribed particulars:
Provided that such division or distribution shall be binding on the
landlord with effect from the date of the service of the notice on him or
his agent under this sub-section:
Provided further that the landlord may if he objects to the distribution
of the rent payable in respect of such tenure or holding make an
application to the Collector for a fair and equitable distribution within a
period of three months from the date of the service of the notice.
(3) (a) If the parties to the transfer are unable to divide the tenure or
holding or distribute the rent payable in respect thereof by agreement,
any of them may apply to the Collector for the division of the tenure or
holding or distribution of the rent payable in respect thereof.
( b ) On receipt of an application under the second proviso to sub-
section (2) or under clause (a), the Collector shall in the prescribed
manner serve on the parties including the landlord but excluding the
applicant a notice of the date on which he intends to hear the
application and after hearing the parties and holding such enquiry as
he thinks proper, the Collector shall divide the tenure or holding or
distribute the rent payable in respect thereof in such manner as he
deems fair and equitable and his decision shall be final.
(c) The order of the Collector under clause (b) shall take effect from
such date as may be specified in the order.
(d) The Collector may award any sum by way of costs to any party to
the proceedings and any sum so awarded as costs shall be recoverable
from the party by whom it is payable as a public demand.
(4) If the landlord does not file an application under the second proviso
to sub-section (2) or if the landlord has made any entry in his rent-roll
showing that any tenure or holding has been divided or that the rent
payable in respect thereof has been distributed, such landlord may be
presumed to have agreed to such division or distribution, as the case
may be.
(5) In the case of a transfer of a portion of a tenure or holding made
before the 1st day of January, 1934 the landlord shall be deemed to
have accepted the division of the tenure or holding or distribution of
the rent payable in respect thereof as stated in the instrument of
transfer or, if there is no such instrument, as settled between the
transferor and the transferee.
88B. Effect of acceptance of rent distribution fee by landlord or
his agent :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947)
88C. Procedure when landlord or his agent does not accept
rent distribution fee :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
88D. Collector to serve notice upon landlord or landlords :-

Rep by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947)
88E. Application for payment of deposit :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947.)
88F. Procedure to be followed by Collector on receipt of
application :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947.)
88G. Procedure to be followed by Collector when no
application made :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947.)
88H. Summary rejection of application if made after payment
of rent distribution fee by Collector :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
88I. Sums recoverable as public demands :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947.)
89. No ejectment except in execution of decree :-
N o tenant shall be ejected from his 1[tenancy or any portion thereof]
except in execution of a decree.
1. Substituted by Act 24 of 1955.
90. Landlords right to measure land :-

(1) Subject to the provisions of this section and any contract a landlord
may by himself or by any person authorised by him in this behalf,
enter on and measure all land comprised in his estate or tenure, other
than land exempt from the payment of revenue.
(2) A landlord shall not, without the consent of the tenant, or the
written permission of the Collector, be entitled to measure land more
than once in ten years, except in the following cases (namely):--
(a) where the area of the tenure or holding is liable, by reason of
alluvion or diluvion, to vary from year to year, and the rent payable
depends on the area;
(b) where the area under cultivation is liable to vary from year to year
and the rent payable depends on the area under cultivation;
(c) where the landlord is a purchaser otherwise than by voluntary
transfer and not more than two years have elapsed since the date of
his entry under the purchase.
(3) The ten years shall be computed From the date of the last
measurement, whether made before or after the commencement of
this Act.
91. Power for Court to order tenant to attend and point out
boundaries :-

(1) Where a landlord desires to measure any land which he is entitled

to measure under the last foregoing section, the Civil Court may, on
the application of the landlord, make an order requiring the tenant to
attend and point out the boundaries of the land.
(2) If the tenant refuses or neglects to comply with the order a 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.
92. Standard of measurement :-

(1) Every measurement of land made by order of a Civil Court, or of a

Revenue officer, in any suit or proceeding between a landlord and
tenant, shall be made by the acre, unless the Court or Revenue officer
directs that it may be made by any other specified standard.
(2) If the rights of the parties are regulated by any local measure other
than the acre, the acre shall be converted into the local measure for
the purposes of the suit or proceeding.
(3) The State Government may, after local inquiry, make rules
declaring for any local area the standard or standards of measurement
locally in use in that area; and every declaration so made shall be
presumed to be correct until the contrary is shown.
93. Power to call upon co-owners to show cause, why they
should not appoint a common manager :-

1[When any dispute exists between co-owners of an estate or tenure

as to the management thereof, and in consequence there has ensued,
or is likely to ensue.--
(a) inconvenience to the public, or
(b) injury to private rights.
the District Judge may, on the application in case (a) of the Collector,
and in case (b) of anyone having an interest in the estate or tenure,
direct a notice to be served on all the co-owners, calling on them to
show cause why they should not appoint a common manager:
Provided that a co-owner of an estate or tenure shall not be entitled to
apply under this section unless he is actually in possession of the
interest he claims, and, if he is a co-owner of an estate, unless his
name and the extent of his interest are registered under the Land
Registration Act, 1876 (Ben. Act 7 of 1876).
1. For notes to s. 93 see the Bihar and Orissa Wards Manual, 1941, pp
350-351.
94. Power to order them to appoint a manager, if cause is not
shown :-

If the co-owners fail to show cause as aforesaid within one month after
service of a notice under the last foregoing section, the District Judge
may make an order directing them to appoint a common manager, and
a copy of the order shall be served on any co-owner who did not
appear before it was made.
95. Power to appoint manager, if order is not obeyed :-

I f the co-owner do not, within such period, not being less than one
month after the making of an order under the last foregoing section.,
as the District Judge may fix in this behalf, or, where the order has
been served as directed by that section, within a like period after such
service, appoint a common manager and report the appointment for
the information of the District Judge, the District Judge may, unless it
is shown to his satisfaction that there is a prospect of a satisfactory
arrangement being made within a reasonable time,--
(a) direct that the estate or tenure be managed by the Court of Wards,
in any case in which the Court of Wards consents to undertake the
management thereof; or
(b) in any case appoint a manager.
96. Power to nominate person to act in all cases under clause
(b) of last section :-

The State Government may nominate a person for any local area to
manage all estates and tenures within that local area for which it may
be necessary to appoint a manager under clause (b) of the last
foregoing section; and; when any person has been so nominated, no
other person shall be appointed manager under that clause by the
District Judge, unless in the case of any estate the Judge thinks fit to
appoint one of the co-owners themselves as manager.
97. The Court of Wards Act, 1879, applicable to management
by Court of Wards :-

In any case in which the Court of Wards undertake under section 95

the management of an estate or tenure, so much of the provisions of
the Court of Wards Act, 1879 (Ben. Act 9 of 1879) as relates to the
management of immovable property shall apply to the management.
98. Provisions applicable to manager :-

(1) A manager appointed under section 95 may, if the District-Judge

thinks fit, be remunerated by a fixed salary or percentage of the
money collected by him as manager, or partly in one way and partly in
the other, as the District Judge, from time to time directs.
(2) He shall give such security for the proper discharge of his duties as
the District Judge directs.
(3) He shall, subject to the control of the District Judge, have, for the
purposes of management, the same powers as the co-owners jointly
might but for his appointment have exercised, and the co-owners shall
not exercise any such power.
(4) He shall deal with and distribute the profits in accordance with the
orders of the District Judge.
(5) He shall keep regular accounts, and allow the co owners or any of
them to inspect and take copies of those accounts.
(6) He shall pass his accounts at such period in such form as the
District Judge may direct.
(7) He may make any application which the proprietors could make
under section 103.
(8) He shall be removable by the order of the District Judge and not
otherwise.
99. Power to restore management to co-owners :-

1[ When an estate or tenure has been placed under the management

of the Court of Wards, or a manager has been appointed for the same
under section 95, the District Judge may at any time direct that the
management of it be restored to the co-owners, if he is satisfied that
the management will be conducted by them without inconvenience to
the public or injury to private rights.
1. For a note to s. 99, see the Bihar Wards Manual, 1941, p. 353.
100. Power to make rules :-

1[ The High Court may, from time to time make rules defining the
powers and the duties of managers under the foregoing sections.
1. For rules made under s. 100, see the Bihar and Orissa Local
Statutory Rules and Orders, Vol I, Part IV.
CHAPTER 10 RECORD-OF-RIGHTS AND SETTLEMENT OF RENTS
101. Power to order survey and preparation of record-of-rights
:-

1[(1) The State Government may, in any case if it thinks fit, 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) In particular and without prejudice to the generality of the
foregoing power, the State Government may make such an order in
the following cases, namely:
(a) Where--
(i) the landlord or tenants; or
(ii) a proportion of not less than one-half of the total number of
landlords; or
(iii) a landlord, or a proportion of the landlords, whose interest, or the
aggregate of whose interest, respectively, in the land of the local area,
estate or tenure or part thereof is not less than one-half of the total
shares of all the landlords therein; or
(iv) proportion of not less than one-forth of the total number of
tenants; applies, or apply, for such an order, depositing, or giving
security for, such amount for the payment of expenses as the State
Government directs;
(b) Where the preparation of such a record is calculated to settle or
avert a serious dispute existing or likely to arise between the tenants
and their landlord generally;
(c) where the local area, estate or tenure or the part thereof belongs
to, or is managed by, or on behalf, of the Government or managed by
the Court of Wards or a manager appointed by the District Judge under
section 95;
(d) where a settlement of land-revenue is being or is about to be made
in respect of the local area, estate or tenure or of the part thereof.
Explanation 1.--The term "settlement of land-revenue" as used in
clause (d) includes a settlement of rents in an estate or tenure which
belongs to the Government.
Explanation 2.--A superior landlord may apply for an order under this
section, notwithstanding that his estate or part thereof is temporarily
leased to a tenure holder.
(3) A Notification in the Official Gazette of an order under this section
shall be conclusive evidence that the order has been duly made.
( 4 ) The survey shall be made and the record of-rights prepared in
accordance with rules made in this behalf by the State Government.
1. Every Deputy Collector making a petition under the Estates Partition
Act, 1897 (Ben. Act 5 of 1897), has as regards the estate under
partition, all the powers exercisable by a Revenue-Officer employed in
preparing a record-of-rights under Chapter X of the present Act see 44
of the former Act.

102. Particulars to be recorded :-

Where an order is made under section 101; 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, raiyat, holding at fixed rates, settled raiyat
occupancy-raiyat, non-occupancy-raiyat or under-raiyat, and, if he is a
tenure-holder, whether he is a permanent tenure-holder or not and
whether his rent is liable to enhancement during the continuance of his
tenure;
(c) the situation and quantity and one or more of the boundaries of the
land held by each tenant or occupier;
(d) the name of each tenants landlord;
(dd) the name of each proprietor in the local area or estate;
(e) the rent payable at the time the record-of-rights is being prepared;
(f) the mode in which that rent has been fixed-whether by contract, by
order of a Court, or otherwise;
(g) if the rent is a gradually increasing rent, the time at which and the
steps by which, it increases;
(gg) the rights and obligations of each tenant and landlord in respect
of--
( i ) the use by tenants of water for agricultural purposes, whether
obtained from a river, jhill, tank or well or any other source of supply,
and
(ii) 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 appliances be situated within the boundaries of such land;
(h) the special conditions and incident, if any, of the tenancy;
(i) any right of way or other easement attaching to the land for which
a record-of-rights is being prepared;
(j) if the land is claimed to be held rent-free-whether or not rent is
actually paid, and, if not paid, whether, or not the occupant is entitled
to hold the land without payment of rent, and, if so entitled, under
what authority.
102A. Power to order survey and preparation of record-of-
rights as to water :-

The State Government may, for the purpose of settling or averting

dispute existing or likely to arise 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 appliances be situated within the boundaries of such land.
103. Power for Revenue-Officer to record particulars on
application of proprietor, tenure holders, or large proportion of
raiyat
:-

On the application of one or more of the proprietors or tenure-holders,

or of a large proportion of the raiyat, of an estate or tenure, and on the
applicant or applicants depositing or giving security for the required
amount for expenses, a Revenue Officer may, subject to and in
accordance with, rules made in this behalf by the State Government,
ascertain and record alt or any of the particulars specified in section
102 with respect to the estate or tenure or any part thereof.
103A. Preliminary publication, amendment and final
publication of record-of-rights :-

(1) When a draft records of-right has been prepared, 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 omission therefrom
during the period of publication.
( 2 ) When such objections have been considered and disposed of
according to such rules as State Government may prescribe, and (if a
settlement of land revenue is being or is about to be made) the
Settlement Rent-roll has been incorporated with the record under Sec.
104 F, Sub-sec. (3), 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.
1[(3) Revenue Officer specially empowered by the State Government in
this behalf, may, on application made to him within three months of
any order or decision on any objection made under sub-section (1) or
o n his own motion, after giving reasonable notice to the parties
concerned to appear and be heard in the matter, revise, at any time
before the final publication of the record-of-rights, any such order or
decision whether made by himself or by any other Revenue Officer,]
(4) 2[* * * * *]
1. Substituted, by Act 1 of 1967.
2. Omitted by Act 10 of 1976.
103B. Presumption as to final publication and correctness of
record-of-rights :-

(1) In any suit or other proceeding 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 been finally published, unless such publication is expressly
denied, and a certificate signed by the Revenue officer, or by the
Collector of any district in which the local area, estate or tenure or part
thereof to which the records-of-rights relates is wholly or partly situate,
stating that a record-of-rights has been finally published under this
Chapter, shall be conclusive evidence of such publication.
(2) The State Government may, by notification]1 declare, with regard
to any specified area, that a record-of-rights has been finally published
for every village included in such area and such notification shall he
conclusive evidence of such application.
(3) Every entry in a record-of-rights so published shall be evidence of
the matter referred to such entry, and shall be presumed to be correct
until it is proved by evidence to be incorrect.
1. For a list of notifications under s. 103B (2), see the Bihar and Orissa
Local Statutory Rules and Orders Vol. I, Part IV.
104. Settlement of rents and preparation of Settlement Rent-
roll when to be undertaken by Revenue-officer :-

In every case in which a settlement of land revenue is being or is

about to be made, the Revenue officer shall after publication of the
draft of the record-of-rights under section 103A, sub-section(1),--
(a) settle fair and equitable rent for tenants of every class,
(b) notwithstanding anything contained in section 102, settle a fair and
equitable rent for any land in respect of which he has recorded, in
pursuance of clause (J) of section 102, that the occupant is not entitled
to hold it without payment of rent, and
(c) prepare a Settlement Rent-roll:
Provided that the Revenue-officer shall not settle the rents of tenants
of every class in an estate or tenure belonging to the Government, if it
does not appear to the State Government to be expedient that he
should do so]1.
1. For an order made under the proviso to S. 104, see the Bihar and
Orissa Local Statutory Rules and Orders. Vol. I Part IV.
104A. Procedure for settlement of rents and preparation of
Settlement Rent-roll under this Part :-

(1) For the purposes of settling rents under this Part and preparing a
Settlement Rent-roll, the Revenue officer may proceed in any one or
more of the following ways or partly in one of those ways and partly in
another, that is to say,--
(a) if in any case the landlord and tenant agree between themselves as
to the amount of rent fairly and equitably payable, the Revenue officer
shall satisfy himself that the rent so agreed upon is fair and if he is so
satisfied but not otherwise, it may be settled and recorded as the fair
and equitable rent;
(b) the Revenue-officer may himself propose what he deems to be the
fair and equitable rent, and if the amount so proposed is accepted
either orally or in writing by the tenant, and if the landlord, after notice
to attend, raises no objection, the rent so proposed may be settled and
recorded as the fair and equitable rent,;
(c) if the circumstances are, in the opinion of the Revenue-officer such
as to make it practicable to prepare a Table of Rates showing for any
local area, estate, tenure or village or part thereof, or for each class of
land in any local area, estate, tenure or village or part thereof, the rate
or rates of rent fairly and equitably payable by tenure-holders and
raiyats and under-raiyats of each class, he may frame a Table of Rates
and settle and record all or any of the rents on the basis of such rates
in the manner hereinafter described;
( d ) the Revenue-officer may settle all or any of the rents by
maintaining the existing rentals recorded in the record-of rights as
published under section 103A, sub-section (1), or by enhancing or
reducing such rentals;
Provided that, in making any such settlement, regard shall be had to
the principles laid down in sections 6 to 9 (both inclusive), 27 to 36
(both inclusive) 30, 43, 50 to 52 (both inclusive) clauses (b), (c) and
(d) of sub-section (1) of section 112A, 180 and 191.
(2) The Settlement Rent-roll shall show the name of each landlord and
of each sub-tenant whose rent has been settled, and the amount of
each such tenants rent payable for the area shown against his name.
104B. Contents of Table of Rates :-

(1) If a Table of Rates is prepared, it shall specify--

(a) the class or several classes of land for which, having regard to the
nature of the soil, situation, means of irrigation, and other like
considerations, it is in the opinion of the Revenue-officer necessary or
practicable to fix a rate or different rates of rent; and
(b) the rate or rates of rent fairly and equitably payable by tenants
holding land of each such class whose rent is liable to alteration.
(2) Local Publication of Table.--
When the Revenue officer has prepared the Table of Rates, he shall
publish it in the local area, estate, tenure or village to which it relates
in the vernacular language prevailing in the district, and in the
prescribed manner.
(3) Revenue-officer to deal with objections.--
Any person objecting to any entry in the Table of Rates may present a
petition to the Revenue officer within a period of one month after such
publication, and the Revenue-officer shall consider any such objection
and may alter or amend the Table.
(4) Table to be submitted to superior Revenue authority.--
If no objection is made within the said period of one month or, where
objections are made, after they have been disposed of, the Revenue
officer shall submit his proceedings to the Revenue authority
empowered by rule made by the State Government to confirm the
Tables and Rent-rolls prepared under this Part (hereinafter called the
"confirming authority"), with a full statement of the grounds of his
proposals, and shall forward any petitions of objection which he may
have received.
(5) Proceedings of confirming authority.--
The confirming authority may confirm a Table submitted under sub-
section (4) or may disallow the same, or may amend the same in any
manner which appears to it proper, and may allow in whole or in part
any objection forwarded therewith or subsequently made or may return
the case for further inquiry.
(6) Effects of Table.--
When a Table of Rates has been confirmed by the confirming authority,
the order confirming it shall be conclusive evidence that the
proceedings for the preparation of the Table have been duly conducted
in accordance with this Act; and it may be presumed that the rates
shown in the Table for tenants of each class for each class of land, are
the fair and equitable rates payable for land of that class within the
area to which the Table applies.
104C. Application of Table of Rates :-

When a Table of Rates has been confirmed under section 104B, sub
section(5) the Revenue-officer may settle all or any of the rents and
prepare the settlement Rent-roll on the basis of the rates shown in the
table by calculating the rental of each tenure or each holding of a
raiyat or under raiyat on the area of such tenure or holding at the said
rates:
Provided that the Revenue-officer shall not be bound to apply the said
rates in any particular case in which he may consider it unfair or
inequitable to do so.
104D. Rules and principles to be followed in framing Table of
Rates and setting rents in accordance therewith :-

In framing a Table of Rates under section 104B, and in setting rents

under section 104C, the Revenue-officer shall be guided by such rules
as the State Government may make in this behalf, and shall so far as
may be; and subject to the proviso to the said section 104C, have
regard to the general principles of this Act regulating the enhancement
or reduction of rents.
104E. Preliminary publication and amendment of Settlement
rent-roll :-

(1) When a Settlement Rent-roll for a local area, estate, tenure or

village or part thereof has been prepared, the Revenue officer shall
cause a draft of it to be published in the prescribed manner and for the
prescribed period, and shall receive and consider any objections made
to any entry therein, or omission therefrom, during the period of
publication and shall dispose of such objections according to such rules
as the State Government may prescribe.
(2) The Revenue-officer may, of his own motion or on the application
of any party aggrieved at any time before a Settlement Rent-roll is
submitted to the confirming authority under section 104F, any rent
entered therein:
Provided that no such entry shall be revised until reasonable notice has
been given to the parties concerned to appear and be heard in the
matter.
104F. Final revision of settlement Rent-roll-incorporation of
the same in record-of-rights :-

(1) When all objections have been disposed of under section 104E, the
Revenue-officer shall submit the Settlement Rent-roll to the confirming
authority, with a full statement of the ground of his proposals and
summary of the objections (if any) which he has received.
(2) The confirming authority may sanction the Settlement Rent-roll,
with or without amendment, or may return it for revision:
Provided that no entry shall be amended, or omission supplied until
reasonable notice has been given to the parties concerned to appear
and be heard in the matter.
(3) After sanction by the confirming authority the Revenue-officer shall
finally by frame the Settlement Rent-roll and shall incorporate it with
the record-of-rights published in draft under section 103A.
104G. Appeal to and revision by, superior Revenue authorities
:-

(1) An appeal, if presented within two months from the date of the
o rd e r appealed against, shall lie from every order passed by a
Revenue-officer prior to the final publication of the record-of-rights on
any objection made under section 104B, sub-section (3) or section
104E, and such appeal shall lie to such superior Revenue authority as
the State Government may by rule prescribe.
(2) The Board of Revenue may, in any case under this Part, on
application or of its own motion, direct the revision of any record-of-
rights or any portion of a record-of-rights at any time within two years
from the date of the certificate of final publication; [***]1
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.
1. The words "but not so as affect any order passed by a Civil Court
under section 104H" omitted by Act 2 of 1965.
104H. Section 104H :-

Rep. by sec. 3 of the Bihar Tenancy (Amdt.) Act, 1964 (Bihar Act 3 of
1965).
104J. Presumptions to rates settled under sections 104A to
104G :-

1[ A ll rents settled] under sections 104A to 104F and entered in a

record-of-rights finally published under section 103A to be settled
under section 104G, shall be deemed to have correctly settled and to
be fair and equitable rents within the meaning of this Act.
1. Substituted by ibid.
105. Settlement of rents by Revenue-officer in cases where a
settlement of land revenue is not being or not about to be
made :-

(1) When in any case in which a settlement of land-revenue is not

being made or is not about to be made, either the landlord or the
tenant applies, within two months from the date of the certificate of
the final publication of the record-of-rights under section 103 A, sub-
section (2); for a settlement of rent, the Revenue-officer shall settle a
fair and equitable rent in respect of the land held by the tenant.
1[Explanation.--A landlord may file a single application for settlement
of rent of more than one holding in a village, whether of one or more
tenants.]
(2) When, in any case in which a settlement of land revenue is not
b eing made or is not about to be made, the revenue-officer has
recorded, in pursuance of clause (1) of section 102, that the occupant
of any land claimed to be held rent free is not entitled to hold it
without payment of rent, and either the Landlord or the occupant
applies, within two months from the date of the certificate of the final
publication of the record-of-rights under section 103A, sub-section (2)
for a settlement of rent, the Revenue officer shall settle a fair and
equitable rent for the land.
(3) Every application under sub-section (2) shall notwithstanding
anything contained in the Court-fee Act, 1870 (1 of 1870), bear such
stamps as the State Government may from time to time prescribe by
notification]2 in the Official Gazette.
(4) In settling rents under this section, the Revenue-officer shall
presume, until the contrary is proved, that the existing rent is fair and
equitable, and shall have regard to the rules laid down in this Act, for
the guidance of the Civil Court in increasing or reducing rents as the
case may be.
(5) The Revenue-officer may in any case under this section propose to
the parties such rents as he considers fair and equitable, and the rents
so proposed, if accepted orally or in writing by the parties, may be
recorded as the fair rents, and shall be deemed to have been duly
settled under this Act.
(6) Where the parties agree among themselves, by compromise or
otherwise, as to the amount of the fair rent, the Revenue officer shall
satisfy himself that the amount agreed upon is fair and equitable, and
if so satisfied but not otherwise, he shall record the amount so agreed
upon as the fair and equitable rent. If not so satisfied, he shall himself
settle a fair and equitable rent as provided in sub-sections (4) and (5).
1. Substituted by Act 1 of 1967.
2. For notification issued under S. 105 (3), see the Bihar and Orissa
Local Statutory Rules and Orders. Vol. I. Part IV.
105A. Decision of question arising during the course of
settlement of rents under this Part :-

Where in any proceedings for the settlement of rents under this Part,
any of the following issues arise:--
(a) whether the land is or is not, liable to the payment of rents;
(b) whether the land, although entered in the record-of-rights as being
held rent-free, is liable to the payment of rent;
(c) whether the relation of landlord and tenant exists;
(d) whether the land has been wrongly recorded as part of a particular
estate or tenancy, or wrongly omitted from the lands of an estate or
tenancy;
(e) whether the tenants belongs to a class different from that to which
he is shown in the record-of-rights as belonging;
(f) whether the special conditions and incidents of the tenancy, or any
rights of way or other easement attaching to the land have not, or has
not been recorded or have, or has been wrongly recorded;
the Revenue-officer shall try and decide such issue and settle the rent
under section 105 accordingly:
Provided that the Revenue-officer shall not try any issue under this
section, which has been, or is already, directly and substantially in
issue between the same parties, under whom they or any of them
claim, and has been tried and decided, or is already being tried by a
Revenue-officer in a suit instituted before him under section 106.
106. Institution of suit before a Revenue-officer :-

I n proceedings under this Part, a suit may be instituted before a

Revenue officer at any time within three months from the date of the
certificate of the final publication of the record-of-right under sub-
section (2) of section 103A of this Act, by presenting a plaint on
stamped paper, for the decision of any dispute regarding any entry
which a Revenue-officer has made in, or any omission which the said
officer has made from the record, whether such dispute be between
landlord and tenant, or between landlord of the same or of
neighbouring estates, or between tenant, and tenants, or as to
whether the relationship of landlord and tenant exists, or as to whether
land held rent free is properly so held, or as to any other matter;
and the Revenue-officer shall hear and decide the dispute:
1[ * * * * * * ]
Provided 1[* *] 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 Part, where such issue has been tried and
decided, or is already being tried, by a Revenue-officer under section
105A.
1. Omitted by Act 2 of 1965.
107. Procedure to be adopted by Revenue-officer :-

(1) 1[I n all proceedings under section 105, section 105A and section
106, the Revenue-officer shall subject to rules made by the State
Government under this Act, adopt the procedure laid down in the Code
of Civil Procedure (14 of 1882)]1 for the trial of suits; and his decision
in every such proceeding shall have the force and effect of a decree of
a Civil Court in a suit between the parties, and, subject to the
provisions of sections 108 and 109A, shall be final.
(2) A note of all rents settled under section 105 and of all decisions of
issue or disputes under section 105A or section 106, and of all rents
commuted under Section 40 by a Revenue-officer appointed by the
designation of Settlement Officer or Assistant Settlement Officer shall
be made in the record-of-rights finally published under sub-section (2)
of section 103A, and such note shall be considered as part of the
record.
1. See Code of Civil Procedure, 1908 (5 to 1908).
108. Revision by Revenue-officer :-

Any Revenue-officer especially empowered by the State Government in

this behalf may, on application or of his own motion, within twelve
months from the making of any order or decision under sec. 105, sec.
105A, sec. 106 or sec. 107, revise the same, whether it was made by
himself or by any other Revenue-officer, but not so as to affect any
order passed or decree made under section 109A:
Provided that no such order or decision shall be so revised in an appeal
from it is pending under section 109A or until reasonable notice has
been given to the parties concerned to appear and be heard in the
matter.
1[Part IV-Supplemental Provisions.]

1. Inserted by Act 2 of 1965.

108A. Correction by Collector or Revenue-officer of mistakes in
record of-rights :-

1[2[ In case of discovery of bona fide or material error in record-of-

rights within a period of five years from the date of the certificate of its
final publication under sub-section (2) of section 103A, the Collector or
any Revenue Officer specially empowered by the State Government in
this behalf, may, on his own motion, or an application made to him
within the said period, after holding an enquiry in the prescribed
manner, by order in writing, direct that such error shall be corrected in
the manner specified in the order:
Provided that in respect of record-of-rights final publication of which
took place in the year 1957 or 1958, the said period shall extend till
the 31st March, 1965:
Provided further that no such correction shall be made--
(i) until reasonable notice has been given to the parties concerned to
appear and be heard in the matter;
(ii) if a proceeding or suit under any of the sections 105 to 108 (both
inclusive) or an appeal under section 109A, affecting such an entry is
pending.]
1. Inserted by Act 2 of 1965.
2. Substituted by Act 1 of 1963.

109. Omitted :-
1[*****]

1. Section 109 was substituted by section 5 of the Bihar Tenancy

(Second Amendment) Ordinance, 1973 (Bihar Ordinance no. 106 of
1973). This section has been partially declared ultra vires by the Patna
High Court. Later on the said Ordinance was allowed to lapse with the
result that at present there is no section as section 109.
109A. Appeals from decisions of Revenue-officers :-

(1) The State Government shall appoint]1 one or more persons to be a

Special Judge for purpose of hearing appeals from the decisions of
Revenue-officers under sections 105 to 108 (both inclusive).
(2) An appeal shall lie to the Special Judge from the decisions of a
Revenue-officer under sections 105 to 108 A (both inclusive), and the
provisions of the Code of Civil Procedure (14 of 1882)]2 relating to
appeals shall; as nearly as may be, apply to all such appeals.
(3) Subject to the provisions of Chapter XLII]3 of the Code of Civil
Procedure (14 of 1882) an appeal shall lie to High Court from the
decision of a Special Judge in any case under this section (not being a
decision settling a rent) as if he were a Court subordinate to the High
Court within the meaning of the first section of that Chapter:
Provided that, if in a second appeal the High Court alters the decision
of the Special Judge in respect of any of the particulars with reference
to which the rent of any tenure or holding has been settled the Court
may settle a new rent for the tenure or holding, but in so doing shall
be guided by the rents of the other tenures or holding of the same
class comprised in the same record as certained under section 102 or
settled under section 105 or section 108.
4[* * * * *]

1. For a list of orders issued under S. 109A(1), see Bihar and Orissa
Local Statutory Rules and Orders. Vol. I Part IV.
2. See Code of Civil Procedure, 1908 (5 of 1908).
3. See Secs. 100 to 103 and 108 & O. XLII of Code of Civil Procedure
1908 (5 of 1908).
4. Omitted by Act 27 of 1965.
109B. Power of Revenue-officer to give effect to agreement or
compromise :-

(1) 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.
hut he shall not give effect to any agreement or compromise the terms
of which, if they were embodied in a contract, could not be enforced
under this Act.
(2) Where any agreement or compromise has been made for the
purpose of settling a dispute as to the rent payable, the Revenue-
officer shall, in order the ascertain whether the effect of such
agreement or compromise would be to enhance the rent in a manner,
or to an extent not allowed by section 29 in the case of a contract,
record evidence as so rent which was legally payable immediately
before the period in respect of which the dispute arose.
(3) Where the terms of any agreement or compromise are such as
might unfairly or inequitably affect the rights 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 statement made by
evidence that the statement made by the parties thereto are correct.
109C. Power to Revenue Officer to settle rent on agreement :-

(1) Notwithstanding anything contained in section 109B in any case,

while the record is being prepared, the landlord and tenant agree as to
the rent which shall be recorded as payable for the tenure or holding, a
Revenue officer specially empowered in this behalf by the State
Government may, if he is satisfied that the rent agreed upon is fair and
equitable, but not otherwise, settle such rent as a fair and equitable
rent, although the terms of the agreement are such that, if they were
embodied in a contract, they could not be enforced under this Act; and
the provisions of section 113 shall apply to a rent so settled.
(2) A landlord or tenant may appeal to the Special Judge appointed
under section 109A on the ground that the rent settled by the Revenue
officer, under sub-section (1), as a fair and equitable rent, was not
agreed to by such landlord or tenant, and on no other ground.
(3) The Board of Revenue may, on application made, or of its own
motion in proceedings undertaken, within one year from the date of
order, under sub-section (1), settling a rent as fair and equitable rent,
direct the revision of the rent so settled:
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.
109D. Note of decisions on record :-

A note of all rents settled and of all decisions of disputes, on revision or

appeal under section 108, section 109A or sub-section (2) or sub-
section (3) of section 109C, shall be made in the record-of-rights finally
published under sub-section (2) of section 103A, and such note shall
be considered as part of the record.
110. Date from which settled rent takes effect :-

When a rent is settled by a Revenue-officer under this Chapter, it shall

take effect from the beginning of the agricultural year next after the
date of the decision fixing the rent or (if a settlement of land revenue
is about to be made) the date of final publication of the settlement
Rent-roll:
Provided as follows:--
(a) if the land is comprised in the area, estate or tenure in respect of
which a settlement of land revenue is being or is about to be made the
rent settled shall, subject to the provisions of sections 191 and 192,
take effect from the expiration of the period of the current settlement,
or from such other date after the expiration of that period as may be
fixed by the Revenue-officer;
(b) If the land is not comprised in an area, estate or tenure as
aforesaid, and if the existing rent has been fixed by a contract binding
between the parties for an unexpired term of years, the rent settled
shall take effect from the expiration of that term, or from such other
date after the expiration of that term as may be fixed by the Revenue-
officer.
111. Section 111 :-

Rep. by s. 9 of the Bihar Tenancy (Amdt.) Act, 1964 (Bihar Act no. 11
of 1965).
111A. Section 111A :-

Rep. by s. 9 of the Bihar Tenancy (Amdt.) Act, 1964 (Bihar Act no. 11
of 1965).
111B. Section 111B :-

Rep. by s. 9 of the Bihar Tenancy (Amdt.) Act, 1964 (Bihar Act no. 11
of 1965).
112. Power to authorise special settlement in special cases :-

(1) The State Government may, on being satisfied that the exercise of
the powers hereinafter mentioned is necessary in the interests of public
or of local welfare or that any landlord is demanding rents which have
been illegally enhanced above those entered as payable in a record-of-
rights prepared under this Chapter, invest a Revenue-officer with the
following powers or either of them, namely:--
(a) power to settle all rents;
(b) power, when settling rents, to reduce rents if, in the opinion of
officer, the maintenance of existing rents would on any ground,
whether specified in this Act or not, be unfair or inequitable.
(2) The powers given under this section may be made exercisable
within a specified area either generally or with reference to specified
cases or classes of cases.
(2a) A settlement of rents under this section shall be made in the
manner provided by sections 104 to 104 J (both inclusive).
112A. Power to revise rents of certain holdings :-

(1) The Collector may on the application of an occupancy-raiyat or a

landlord made in prescribed form, or if the Governor by notification
directs that a settlement of the rents of the occupancy holdings
situated in any area shall be made under this section, on an application
made as aforesaid or on his own motion.
(a) & (b) 1[***** ]
(c) Order the partial or entire remission, for such period as he considers
reasonable in the circumstances, of the rent of an occupancy holding--
(i) if the soil of a portion or the whole of such holding has without the
fault of the raiyat became temporarily or permanently deteriorated by
a deposit of sand, by submission under-water or by any other specific
cause, sudden or gradual;
( i i ) if the landlord of such holding has failed to carry out the
arrangements in respect of irrigation which he is bound to maintain:
Provided that the Collector may revise any order passed under sub-
clause (i) at any time before the expiry of the period fixed for such
order if he is satisfied that the soil of the holding has become fit for
cultivation, and may at any time revise any order passed under sub-
clause (ii) if he is satisfied that the landlord has restored the
arrangements in respect of irrigation which he is bound to maintain.
(d) reduce the rent of any occupancy holding, if there has been a fall
not due to a temporary cause in this average local prices of staple food
crops during the currency of the present rent, to such an extent that
the reduced rent shall bear to the previous rent the same proportion as
the current prices bear to the prices prevailing--
(i) at that time when the previous rent first became payable, or
(ii) if the previous rent first became payable before the preparation of
a record-of-rights under Chapter X and the landlord is unable to prove
to the satisfaction of the Collector when the previous rent first became
payable, at the time when a record-of-rights was first prepared in
respect of the holding;
(e) settle fair rent in such cases, or class of cases as may be specified
in a notification issued for other sufficient reasons by the Governor in
this behalf.
(3) If the Governor by notification directs that there shall be
commutation of rents of the occupancy holdings or any class of
occupancy holdings situated in any area, the rent of which is paid in
kind or in any of the other ways mentioned in sub-section (1) of
section 40, the Collector may, on the application of the raiyat or
landlord of any such holding, or on his own motion, determine the sum
to be paid as money rent for such holding, and may order that the
raiyat shall in lieu of paying his rent in kind, or otherwise as aforesaid,
pay the sum so determined.
(4) An order of the Collector under this section shall take effect from
such date as may be specified in the order.
(5) The powers conferred on the Collector by this section shall be
exercised in accordance with the prescribed procedure.]
1. Omitted by Act 23 of 1947.
112B. Appeal :-

(1) (a) An appeal shall He from an order made under section 112A of
any officer, other than the Collector of a district exercising powers of a
Collector to the Collector of the District or to any officer specially
empowered by the State Government by notification to hear such
appeals and from an order of the Collector of the district to the
prescribed authority, and the decision of the Collector of the district or
of any officer so empowered, or of the prescribed authority, on any
such appeal shall be final.
(b) The Collector of the district may, at any time, transfer any appeal
already filed before him to any officer specially empowered under
clause (a) to hear such appeals, or withdraw any appeal pending
before any officer so empowered, and either hear such appeal himself
or transfer it for disposal to any other officer so empowered.
(2) Appeals under this section shall be heard and disposed of in
accordance with the prescribed procedure.
113. Period for which rents settled are to remain unaltered :-

(1) When the rent of a tenure or holding is settled or reduced, under

this Chapter, it shall not except on the ground of landlords
improvement or of a subsequent alteration in the area of the tenure or
holding be enhanced in the case of a tenure or an occupancy holding or
the holding of an under-raiyat having occupancy rights for fifteen years
and, in the case of a non occupancy holding of an under-raiyat not
having occupancy rights, for five years; and no such rent shall be
reduced within the periods aforesaid save on the ground of alteration
in the area of the holding or on any of the grounds specified in sub-
clauses (i) and (ii) of clause (c) of sub-section (1) of section 112A.
(2) The said periods of fifteen years and five years shall be counted
from the date on which the rent settled takes effect under this
Chapter.
114. Expenses of proceedings under Chapter :-

(1) When the preparation of record-of-rights has been directed or

undertaken under this Chapter, in any case except where a settlement
of land-revenue is being or is about to be made, 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 provisions 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 that local area, estate, tenure or part in such proportions and
in such instalments (if any) as the State Government having regard to
all the circumstances, may determine.
(2) 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 of 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.
(3) The portion of the aforesaid expenses which any person is liable to
pay shall be recoverable by the Government as if it were an arrear of
land-revenue due in respect of the said local area, estate tenure or
part]1.
(4) The cost of preparing copies of survey maps and 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.
Explanation--The word "tenure" in this section includes all revenue-free
a n d rent-free tenures and holdings within a local area, estate or
tenure.
1. For an alternative method of recovering expenses, see the Land
Records Maintenance Act 1895 (Ben. Act 3 of 1895), ss. 28 to 32 and
36 (c).
115. Presumption as to fixity of rent not to apply where
record-of-rights has been prepared :-
When the particulars mentioned in section 102, clause (b) have been
re cord e d under this Chapter in respect of any tenancy, the
presumption under section 50 shall pot thereafter apply to that
tenancy.
115A. Demarcation of village boundaries :-

In the demarcation of village boundaries for the purpose of making a

survey and preparing a record-of-rights under this Chapter, a Revenue-
officer shall, so far as is possible, and subject to the provisions of the
Bengal Survey Act, 1875 (Ben. Act 5 of 1875); preserve, as the unit of
survey and record, the area contained within the exterior boundaries of
the village maps of the revenue survey, if any;
and, where village maps prepared at a previous revenue survey exist,
he shall not, without the sanction of the Board of Revenue, adopt any
other area as such unit.
CHAPTER 11 NON-ACCRUAL OF OCCUPANCYAND NON-OCCUPANCY
RIGHTS AND RECORD OF PROPRIETORS' PRIVATE LANDS
116. Saving as to certain lands :-

Nothing in Chapter V shall confer a right of occupancy in, and nothing

in Chapter VI shall apply to Lands acquired under the Land Acquisition
Act, 1894 (1 of 1894) for the Government or for any Local Authority or
for a Railway Company or lands belonging to the Government within a
Cantonment, while such lands remain the property of the Government
or of any Local Authority or Railway Company or to.
A proprietors private lands known in Bengal as khamar, nij or nijjot
and in Bihar as zirrat, nij, or khamat, where any such land is held
under a lease for a term of years or under a lease from year to year
1[or to a land belonging to the Government or to any local authority,
or to any Corporation constituted under any law for the time being in
force, for the promotion of public health or the agricultural, industrial,
economic or general well-being of the people in any area, which is used
for any public work, such as a road, canal, embankment, dam or
reservoir, or is required for the repair or maintenance of the same,
while such land continues to be so used or required.
1. Inserted by Act 18 of 1958.
117. Power for Government to order survey and record of
proprietors private lands :-

The State Government may, from time to time, make an order

directing a Revenue-officer to make a survey and record of all the
lands in a specified local area which are a proprietors private lands
within the meaning of the last foregoing section.
118. Power for Revenue :-

Officer to record private land on application of proprietor or tenant--In

the case of any land alleged to be a proprietors private land on the
application of the proprietor or of any tenant of the land, and on his
depositing the required amount for expenses, a Revenue-officer may,
subject to, and in accordance with, rules made in this behalf by the
State Government, ascertain and record whether the land is or is not a
proprietors private land.
119. Procedure for recording private land :-

When a Revenue-officer proceeds under either of the two last foregoing

sections, the provisions of sections 103 A, 103B, 106, 107, 108, 109
and 109A shall apply.
CHAPTER 12 SPECIAL PROCEDURE FORREALISATION OF RENT IN
CERTAIN CIRCUMSTANCES
120. Rules for determination of proprietors private land :-

(1) The Revenue-officer shall record as a proprietors private land--

(a) land which is proved to have been cultivated as khamar zirrat, sir,
nij, nijjat or khamat by the proprietor himself with his own stock or by
his own servants or by hired labour for twelve continuous years
immediately before the passing of this Act, and
(b) cultivated land which is recognized by village usage as proprietors
khamar, zirrat, sir, nij, nijjot or khamat.
(2) In determining whether any other land, ought to be recorded as a
proprietors private land, the officer shall have regard to local custom,
and to the question whether the land was before the second day of
M arch, 1883 specifically let as proprietors private land, and to any
other evidence that may be produced; but shall presume that land is
not a proprietors private land until the contrary is shown.
( 2 a ) Notwithstanding anything contained in any agreement or
compromise, or in an decree which is proved to his satisfaction to have
been obtained by collusion or fraud, a Revenue-officer shall not record
any land as a proprietors private land, unless it is proved to be such by
satisfactory evidence of the nature described in sub-section (1) or sub-
section (2).
(3) If any question arises in a Civil Court as to whether land is or is not
a proprietors private land, the Court shall have regard to the rules laid
down in this section for the guidance of Revenue-officers.
121. Cases in which an application for distraint may be made :-

1[Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
1. The word "rent" in Chapter XII includes also money recoverable
under any enactment for the time being in force as if it was rent-see S.
8, 3 (5), ante.
122. Form of application :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
123. Procedure on receipt of application :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
124. Execution of order for distraint :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
125. Service of demand and account :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
126. Right to reap etc. produce :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
127. Sale proclamation to be issued unless demand is satisfied
:-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
128. Place of sale :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
129. When produce may be sold standing :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
130. Manner of sale :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
131. Postponement of sale :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
132. Payment of purchase money :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
133. Certificate to be given to purchaser :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
134. Proceeds of sale how to be applied :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
135. Certain persons may not purchase :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
136. Procedure where demand is paid before sale :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
137. Amount paid by under-tenant for his lessor may be
deducted from rent :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
138. Conflict between rights of superior and inferior landlords
:-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
139. Distraint of property which is under attachment :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
140. Suit for compensation for wrongful distraint :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
141. Power for State Government to make rules :-

Rep. by the Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of

1947).
142. Power of State Government to issue notification and
prescribe procedure and authority for realisation of rent in
certain circumstance :-

(1) If, at any time, the State Government are satisfied that, in any
local area or in respect of any class of cases, circumstances exist which
render in impracticable for a landlord to realise his rent, the State
Government may, by notification direct that all rents in such local area
or class of cases shall, after the publication of the notification, be
realised by the application of the prescribed procedure.
(2) If, in the opinion of the State Government, circumstances so
require they may further direct that such procedure shall be applied
and the rents realised in the said local area or class of cases by the
prescribed authority.
(3) The State Government may make rules to give effect to the
provisions of this section.
CHAPTER 13 JUDICIAL PROCEDURE FORTHE RECOVERY OF RENT BY
SUIT
143. Power to modify Civil Procedure Code in its application to
landlord and tenant Suits :-

1[(1) The High Court may, from time to time, with the approval of the
State Government, make rules]2 consistent with this Act, declaring
that any portions of the Code of Civil Procedure, 1908 (5 of 1908),
shall not apply to suits between landlord and tenant as such or to any
specified classes of such suits, or shall apply to them subject to
modifications specified in the rules.
(2) Subject to any rules so made, and subject also to the other,
provisions of this Act, the Code of Civil Procedure, 1908 (5 of 1908),
shall apply to all such suits.
1. As to the application of ss. 143 to 153, sec s. 188A.
2. For rules made under S. 143 see the Bihar and Orissa Local
Statutory Rules and Orders Vol. I, Part IV.

144. Jurisdiction in proceedings under the Act :-

(1) The cause of action in all suits between landlord and tenant as such
shall, for the purposes of the Code of Civil Procedure, 1908 (5 of
1908), be deemed to have arisen within the local limits of the
jurisdiction of the Civil Court which would have jurisdiction to entertain
a suit for the possession of the tenure or holding in connection with
which the suit is brought.
(2) When under this Act a Civil Court is authorised to make an order on
the application of a landlord or a tenant, the application shall be made
to the Court which would have jurisdiction to entertain a suit for the
possession of the tenure or holding in connection with which the
application is brought.
145. Naibs or gumashtas to be recognized agents :-

Every naib or gumashta of a landlord empowered in this behalf by a

written authority under the hand of the landlord or by any person
authorised by the landlord in this behalf by writing under his hand,
shall, for the purposes of every such suit or application, be deemed to
be the recognized agent of the landlord within the meaning of the
Code of Civil Procedure, 1908 (5 of 1908), notwithstanding that the
landlord may reside within the local limits of the jurisdiction of the
Court in which the suit is to be instituted or is pending, or in which the
application is made:
Provided that notwithstanding anything contained in the Code of Civil
Procedure, 1908 (5 of 1908), every such naib or gumashta may verify
the pleadings on behalf of the landlord and shall not be required to
obtain the permission of the Court for the purpose of such verification.
146. Special register of suits :-

The particulars mentioned in rule 1 of Order VII of the Code of Civil

Procedure, 1908 (5 of 1908), shall, in the case of such suits, instead of
being entered in the register of civil suits prescribed by rule 2 of Order
IV of the said Code be entered in a special register to be kept by each
Civil Court, in such form]1 as the State Government may, from time to
time prescribe in this behalf.
1. For an order made under Sec. 146 see the Bihar and Orissa Local
Statutory Rules and Orders. Vol. I, Part IV.
147. Successive rent-suits :-

Subject to the provisions of rule 1 of Order XXIII of the Code of Civil

Procedure 1908 (5 of 1908), where a landlord has instituted a suit
against a raiyat for the recovery of any rent of his holding, the landlord
shall not institute another suit against him for the recovery of any rent
of that holding until after one year from the date of the institution of
the previous suit.
147A. Compromise of suits between landlord and tenant :-

( 1 ) The provisions of rule 3 of Order XXIII of the Code of Civil

Procedure. 1908 (5 of 1908), shall not apply to any suit between
landlord and tenant as such.
(2) If any suit between landlord and tenant as such is adjusted wholly
or in part by any lawful agreement or compromise, or if the defendant
satisfies the plaintiff in respect to the whole or any part of the matter
of the suit, the Court shall pass a decree in accordance with
agreement, compromise or satisfaction, so far as it relates to the suit:
Provided that no decree shall be passed in accordance with any
agreement or compromise the terms of which, if they were embodied
in a contract, could not be enforced under this Act.
(3) Where any agreement or compromise has been made for the
purpose of settling a dispute as to the rent payable, the Court shall, in
order to ascertain whether the effect of such agreement or compromise
would be to enhance the rent in a manner, or to an extent not allowed
by section 29 in the case of a contract, record evidence as to the rent
which was legally payable immediately before the period in respect of
which the dispute arose.
(4) Where the terms of any agreement or compromise are such as
might unfairly or inequitably affect the right of the third parties, the
Court shall not pass a decree in accordance with such agreement or
compromise, unless and until it is satisfied by evidence that the
statements made by the parties thereto are correct.
( 5 ) A decree passed in accordance with any lawful agreement,
compromise or satisfaction shall be final so far as it relates to do so
much of the subject matter of the suit as is dealt with by such
agreement, compromise or satisfaction.
147B. Regard to be had by Civil Court to entries in record-of
rights :-

In all areas for which a record-of-rights has been prepared and finally
published under sub-section (2) of section 103A, a Civil Court, shall, in
all suits between landlord and tenant as such, have regard to the
entries in such record-of-rights relating to the subject matter in dispute
which may be produced before it, unless such entries have been
proved by evidence to be incorrect, and, when a Civil Court passes a
decree at variance with such entries, it shall record its reasons for so
doing.
148. Procedure in rent suits :-

The following rules shall apply to suits for the recovery of rent:
(a) sections 68 to 72 (both inclusive), rules 1 to 13 (both inclusive) of
Order XI, rules 22 and 83 of Order XXI, rule 2 of Order XLVII and
Schedule III of the Code of Civil Procedure, 1908 (5 of 1908), shall not
apply to any such suit;
(b) the plaint shall contain, in addition to the particulars specified in
rules 1, 2, 4, 5, 6 and sub-rule (2) of rule 9 of Order VII of the Code of
Civil Procedure, 1908 (5 of 1908) a statement of the situation,
designation, extent and boundaries of the land held by the tenant; or,
where the plaintiff is unable to go give the extent or boundaries, in lieu
thereof a description sufficient for identification;
(b1) where the suit is for the rent of land situated within an area for
which a record-of-rights has been prepared and finally published the
plaint shall further contain a list of the survey plots comprised in the
tenancy and a statement of the rental of the tenancy according to the
record of-rights, unless the Court is satisfied, for reasons to be
recorded in writing, that the plaintiff was prevented by any sufficient
cause from furnishing such list or statement:
Provided that, in all cases in which the Court admits a plaint which
does not contain such statement, the Court shall, and in any other case
in which it sees fit the Court may require the Collector to apply,
without payment of fee, a verified or certified copy of, or extract from,
the record-of-rights relating to the tenancy;
(b2) where an alteration has been made in the area of the tenancy
since the record-of-rights was prepared and finally published, the
plaint shall further contain a statement of the rental of the original
tenancy according to the record-of-rights, together with a statement
showing how the amount of rent claimed in the suit has been
computed:
(b3) the plaint shall further contain a statement of the value of the
land held by the tenant, or, if the plaintiff desires any particular
portion of such land to he sold in the event of his getting a decree,
statement of the situation, designation, extent, boundary and value of
that portion;
(c) the summons shall be for final disposal of the suit;
(d) the service of the summons may, if the High Court by rule either
generally, or specially for any local area, so directs, be effected either
in addition to, or in substitution for, any other mode of service, by
forwarding the summons by post in a letter addressed to the defendant
and registered under Chapter VI of the Indian Post Office Act, 1898 (6
of 1898):
when a summons is so forwarded in a letter, and it is proved that the
letter was duly posted and registered, the Court may presume that the
summons has been duly served;
( d 1 ) notwithstanding anything contained in the Code of Civil
Procedure, 1908 (5 of 1908), or in any rules made thereunder, the
plaintiff in such a suit shall not be required to supply any identifier for
t h e purpose of serving summons or notice on the defendant or the
judgment-debtor or on any witness, and the serving officer shall serve
the summons or notice after due inquiry as to the identity of the
person on whom, or the house or property where, the summons or
notice is to be served. The serving officer shall serve the summons or
notice in the presence of at least two persons and he shall, whenever
possible require the signatures of those persons to be endorsed on the
original summons or notice, and, where he is unable to serve the
summons or notice he shall, whenever possible, require the signatures
of two persons of the village, in which the person to be served with the
summons or notice ordinarily resides, to be so endorsed;
(d2) if the natural guardian of a minor defendant is--
(a) his father, fathers father, or in the case of a married female, her
husband; or
(b) his mothers father or mothers brother with whom the minor
resides, and if upon notice being served upon such guardian under rule
3 of Order XXXII of the Code of Civil Procedure,1908 (5 of 1908), he
does not appear and object to his appointment as guardian for the suit
for such defendant the Court may, notwithstanding anything to the
contrary contained in the said Code, presume the consent of such
guardian to his appointment as guardian for the suit for such
defendant;
(e) 1[* * * * *]
(ee) notwithstanding anything to the contrary contained in the Code of
Civil Procedure, 1908 (5 of 1908) whenever a Court adjourns the
hearing of a suit, it shall record the reasons therefor;
(f) the rules for recording the evidence of witnesses prescribed by rule
13 of Order XVIII of the Code of Civil Procedure, 1908 (5 of 1908),
shall apply, whether an appeal is allowed or not;
(f1) where the suit is a suit for the recovery of money-rent and the
Court decides to proceed with the same ex-parte, it may dispense with
oral evidence and determine such suit upon the affidavit of the plaintiff
or his agent, if such plaintiff or agent is able of his own knowledge to
prove the facts stated in such affidavit:
Provided that the Court may call for oral evidence in case it considers
such evidence necessary;
(f2) when any account books, rent rolls, collection-papers,
measurement-paper or maps have been produced by a party before
any Court, and have been admitted in evidence in a suit pending
therein:
copies of, or extracts from, such documents may be certified by a duly
authorized officer of such Court to be true copies or extracts, without
the payment of any court-fee, and such copies or extracts may, with
the permission of the Court, be substituted on the record for the
originals, which may then be returned to the party; and thereafter
copies and extracts, so certified, may be admitted in evidence in any
other suit instituted in the same or any other Court, unless the Court
before which they are produced sees fit to require the production of
the originals;
(g) 1[* * * * *]
(h) notwithstanding anything contained in rule 16 of the Order XXI of
the Code of Civil Procedure, 1908 (5 of 1908) an application for the
execution of a decree for arrears obtained by a landlord shall not be
made by an assignee of the decree unless the landlords interest in the
land has become and is vested in him.
1. Omitted by Act 23 of 1947.
148A. Suits for arrears of rent by co-sharer landlords :-

where a co -- sharer landlord who has instituted a suit to recover the

rent due to all the co-sharer landlords in respect of an entire tenure or
holding, and has made all remaining co-sharers parties defendants to
the suit, is unable to ascertain what rent is due for the whole tenure or
holding, or whether the rent due to the other co-sharer landlords had
been paid or not, owing to the refusal or neglect of the tenant, or of
the co-sharer landlords defendant to the suit, to furnish him with
correct information on these point or on either of them, such plaintiff
co-sharer landlord shall be entitled to proceed with the suit for his
share only of the rent; and a decree obtained by him in a suit so
framed shall, as regards the remedies for enforcing the same, be as
effectual as a decree obtained by a sole landlord or an entire body of
landlords in a suit brought for the rent due to all the co-sharers.]
148AA. When a raiyat may be held to be a habitual defaulter
and consequences of such finding :-
(1) If a raiyat defaults in payment of the rent of his holding for a
period of four consecutive years after the commencement of the Bihar
Tenancy (Amendment) Act, 1937 (Bihar Act 8 of 1937), and in
consequence of such default the landlord obtains one or more than one
decree against such raiyat in respect of the arrears of such rent, and if
in the year immediately following the said period of four years the
raiyat again defaults in payment of the rent of the said holding for
such year, the Court may, in a suit for the recovery of the arrears of
rent for the whole of the said year, hold that the defendant is a
habitual defaulter and that the entire holding, in respect of which the
suit has been filed, is liable to be sold for the realisation of the amount
payable under the decree in such suit:
Provided that the Court shall not hold as aforesaid unless, after giving
the defendant a reasonable opportunity of being heard and after taking
into consideration all the facts and circumstances of the case, it is
satisfied that the defendant had no reason beyond his control for
default.
(2) If in any suit for the recovery of arrears of rent of a holding it is
proved that, previous to the institution of such suit, the landlord had
obtained one or more than one decree for arrears of rent in respect of
the said holding against the raiyat for four years, whether consecutive
or not, after the commencement]1 of the Bihar Tenancy (Amendment)
Act, 1937 (Bihar Act 8 of 1937), the Court may, notwithstanding
anything to the contrary contained in sub-section (1), hold the raiyat
to be a habitual defaulter if, after giving the raiyat a reasonable
opportunity of being heard and considering all the facts and
circumstances of the case, the Court is satisfied that the raiyat had
wilfully defaulted without reasonable cause in paying the rent for the
years in respect of which the aforesaid decree or decrees were obtained
and that the payments, if any, made during the years which
intervened between the years in respect of which the said decree been
obtained were nominal payments made with the intention of defeating
the provision of sub-section (1),
(3) Notwithstanding anything to the contrary contained in this Act, if
the Court holds a defendant a habitual defaulter under this section, it
shall, when passing the decree in the suit, direct that if the defendant
fails to pay the decretal amount to the plaintiff or deposit the same
into Court within such time not exceeding forty five days as the Court
shall fix at the time of passing the decree the whole of his holding
shall, if the decree holder so desires, be sold.
(4) Where a defendant has not appeared at any stage of the suit, a
notice of the time fixed by the Court under sub-section (3) for
payment of the decretal amount shall be given to the defendant in the
prescribed manner.
1. Act 8 of 1987 came into force on 10.3.1988 (Vide Notification No.
1328-R. dated 4.8.1938).
148B. Payment of decretal amount in instalments :-

The Court may, at any time, on application by a judgment debtor or

his legal representative, as the case may be, and after notice to the
decree holder, direct that the amount of any decree for arrears of rent
of a tenure or holding passed before or after the commencement of the
Bihar Tenancy (Amendment) Act, 1947 (Bihar Act 23 of 1947), shall be
paid in such instalments and within such period, not exceeding three
years, as the Court may direct:
Provided that the judgment-debtor or his legal representative, as the
case may be, shall not be entitled to the benefit of the provision of this
section unless he pays or has paid the arrear of rent accruing due
between the date of the institution of the suit in which the decree has
been passed and the date fixed for the payment of the first instalment
of the decretal amount and continues to pay the subsequent
instalments together with any rent accruing due between the date of
the last instalment and the next:
Provided further that the provision of this section shall not apply if the
judgment debtor is one who has been held by the court to be a
habitual defaulter.
149. Payment in to Court of money admitted to be due to third
person :-

(1) When a defendant admits that money is due from him on account
of rent, but pleads that it is due not to the plaintiff, but to a third
person, the Court shall refuse to take cognizance of the plea unless the
defendant pays into Court the amount so admitted to be due.
(2) Where such a payment is made the Court shall forthwith cause
notice of the payment to be served on the third person.
(3) Unless the third person within three months from the receipt of the
notice institutes a suit against the plaintiff and therein obtains an order
restraining payment out of the money, it shall be paid out to the
plaintiff on his application.
( 4 ) Nothing in this section shall affect the right of any person to
recover from the plaintiff money paid to him under sub-section (3).
150. Payment into Court of money admitted to be due to
landlord :-

When a defendant admits that money is due from him to the plaintiff
o n account of rent of a holding on cash rent, but pleads that the
amount claimed is in excess of the amount due, the Court shall refuse
to take cognizance of the plea unless the defendant pays into Court
the amount so admitted to be due.
151. Provision as to payment of portion of money :-

When a defendant is liable to pay money into Court under either of the
two last foregoing sections; if the Court thinks that there are sufficient
reasons for so ordering, it may take cognizance of the defendants plea
on his paying into Court such reasonable portion of the money as the
Court directs.
152. Court to grant receipt :-

When a defendant pays money into Court under either of the said
sections, the Court shall give the defendant a receipt and the receipt
so given shall operate as an acquittance in the same manner and to
the same extent as if it has been given by the plaintiff or the third
person, as the case may be.
153. Appeals in rent suits :-

An appeal shall not lie from any decree or order passed, whether in the
first instance or on appeal, in any suit instituted by a landlord for the
recovery of rent where --
(a) the decree or order is passed by a District Judge, Additional Judge
or Subordinate Judge, and the amount claimed in the suit does not
exceed one hundred rupees, or
(b) the decree or order is passed by any other judicial officer specially
empowered by the State Government to exercise final jurisdiction
under this section, and the amount claimed in the suit does not exceed
fifty rupees; unless in either case the decree or order has decided a
question relating to title to land or to some interest in land as between
parties having conflicting claims thereto, or a question of a right to
enhance or vary the rent of a tenant, or a question of the amount of
rent annually payable by a tenant:
Provided that the District Judge may call for the record of any case in
which a judicial officer as aforesaid has passed a decree or order to
which this section applies if it appears that the judicial officer has
exercised a jurisdiction not vested in him by law, or has failed to
exercise a jurisdiction so vested or as acted in the exercise of his
jurisdiction illegally or with material irregularity, and may pass such
order as the District Judge thinks fit.
[Explanation.--A question as to the regularity of the proceedings in
publishing or conducting a sale in execution of a decree for arrears of
rent is not a question relating to title to land or to some interest in
land as between parties having conflicting claims there at.]
153A. Deposit on application to set aside ex-parte decree :-

Every application for an order under rule 13 of Order IX of the Code of

Civil Procedure, 1908 (5 of 1908), to set aside a decree passed ex-
parte, or for a review of judgment, under section 114 and rule 1 of
Order XLVII of the said Code, in a suit between a landlord and tenant
as such, shall contain a statement of the injury sustained by the
applicant by reason of the decree or judgment:
and no such application shall be admitted --
(a) unless the applicant has, at or before the time when the application
is admitted, deposited in the Court to which the application is
presented the amount if any, which he admits to be due from him to
the decree-holder, or such amount as the Court may, for reasons to be
recorded by it in writing, direct; or
(b) unless the Court, after considering the statement of injury, is
satisfied, for reasons to be recorded by it in writing, that no such
deposit is necessary.
154. Date from which decree for enhancement takes effect :-

A decree for enhancement of rent under this Act, if passed in a suit

instituted in the first eight months of an agricultural year, shall
ordinarily take effect on the commencement of the agricultural year
next following; and if passed in a suit instituted in the last four months
of the agricultural years]1 shall ordinarily take effect on the
commencement of the agricultural year next but one following; but
nothing in this section shall prevent, the Court from fixing, for special
reasons, a later date from which any such decree shall take effect.
1. For definition of "agricultural years", see s. 3 (12) ante.
155. Relief against forfeitures :-

(1) A suit for the ejectment of a tenant, on the ground --

(a) that he has used the land in a manner which renders it unfit for the
purposes of the tenancy, or
(b) that he has broken a condition on breach of which he is, under the
terms of a contract between him and the landlord, liable to ejectment,
shall not be entertained unless the landlord had served, in the
prescribed manner, a notice on the tenant specifying the particular
misuse or breach complained of, and where the misuse or breach is
capable of remedy, requiring the tenant to remedy the same, and in
any case to pay reasonable compensation for the misuse or breach,
and the tenant has failed to comply within a reasonable time with that
request
(2) A decree passed in favour of a landlord in any such suit 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 remedy, to remedy, the same.
(3) The Court may, from time to time, for special reasons, extend a
period fixed by it under sub-section (2).
(4) If the defendant, within the period or extended period (as the case
may be) fixed by the Court under this section, pays 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.
156. Rights of ejected raiyats in respect of crops and land
prepared for sowing :-

The following rules shall apply in the case of every raiyat ejected from
a holding: --
(a) when the raiyat has, before the date of his ejectment, sown or
planted crops in any land comprised in the holding, he shall be
entitled, at the option of the landlord, either to retain possession of
that land and to use it for the purpose of tending and gathering in the
crops, or to receive from the landlord the value of the crops as
estimated by the Court executing the decree for ejectment;
(b) when the raiyat has, before the date of his ejectment, prepared for
sowing any land comprised in his holding, but has not sown or planted
crops in that land, he shall be entitled to receive from the landlord the
value of the labour and capital expended by him in so preparing the
land, as estimated by the Court executing the decree for ejectment,
together with reasonable interest on that valise;
(c) but a raiyat shall net be entitled to retain possession of any land or
receive any sum in respect thereof under this section where, after the
commencement of proceeding by the landlord for his ejectment, he has
cultivated or prepared the land contrary to local usage; and
(d) if the landlord elects under this section to allow a raiyat to retain
possession of the land, the raiyat shall pay to the landlord, for the use
and occupation of the land during the period for which he is allowed to
retain possession of the same, such rent as the Court executing the
decree for ejectment may deem reasonable.
157. Power for Court to fix fair rent as alternative to ejectment
:-

Where a plaintiff institutes a suit for the ejectment of a trespasser he

may, if he thinks fit, claim as alternative relief that the defendant be
declared liable to pay for the land in his possession a fair and equitable
rent to he determined by the Court, and the Court may grant such
relief accordingly.
158. Application to determine incidents of tenancy :-

1[(1) The Collector or any revenue officer specially empowered by the

State Government in this behalf may, on application of either the
landlord or the tenant of the land determine in the prescribed manner
all or any of the following matters, namely: --
(a) the situation, area and boundaries of the land,
(b) the name and description of the tenant,
(c) the class to which the tenant belongs; that is to say, whether he is
a raiyat holding at fixed rates, occupancy raiyat, non-occupancy raiyat
or under-raiyat with or without occupancy rights;
(d) the rent payable for the land and other incidents of the tenancy;
Provided that --
(a) when an order has been made under section 101 directing the
preparation of a record-of-rights, no such application shall be
entertained until five years after the final publication of the record-of-
rights:
(b) In any proceeding under this section the Collector or the Revenue
Officer shall not try any issue which has been or is directly and
substantially in issue between the same parties, or between parties
under whom they or any of them claim, any suit, appeal, revision or
other proceedings before any Court or before the Board of Revenue or
the Collector or any Revenue Officer and has been heard and decided
or is pending hearing or decision.
(2) From the final order passed by the Collector or the Revenue Officer
on an application filed under sub-section (1), an appeal shall lie to the
prescribed authority and the decision of the prescribed authority and
subject only to such decision the order of the Collector or the Revenue
Officer, as the case may be shall be final.]
1. Substituted by Act 2 of 1985
158AA. Execution of decrees for arrears of rent :-

(1) If within three months of the passing of the decree or, in a case
where the Court has fixed a time under the provisions of sub-section
(3) of section 148AA for the payment of the decretal amount on the
expiry of such time or where under the provisions of section 148B, a
decree has been made payable in instalments on the falling due of
such instalments the judgment-debtor fails to pay to the decree-holder
or deposit into Court the decretal amount, or the amount of instalment,
as the ease may be, such amount may, upon an application made in
this behalf by the decree-holder, he realised by the attachment and
sale of the property of the judgment-debtor, both movable and
immovable:
Provided that the movable property of the judgment-debtor shall not
without his consent in writing be so attached or sold unless the decree
cannot be satisfied by the attachment and sale of the holding for the
arrears of the rent of which the decree was passed.
(2) The application referred to in sub-section (1) shall be in the
prescribed form, shall contain the prescribed particulars and shall state
the mode in which the assistance of the Court is required.
158B. Passing of tenure or holding solid in execution of decree
:-

(1) Where a tenure or holding or part of a holding is sold in execution

of-- (a) a decree for arrears off rent due in respect of the tenure or
holding; or (b) a decree for damages under section 186A; or (e) a
certificate for arrears of rent signed under the Bihar and Orissa Public
Demands Recovery Act, 1914, (B. & O. Act 4 of 1914), the tenure or
holding or part of the holding shall subject to the provisions of section
28, pass to purchaser if such decree was obtained by --
(i) a sole landlord; or (ii) the entire body of landlords; or
(iii) one or more co-sharer landlords who has or have sued for the rent
due to all the co-sharers in respect of the entire tenure or holding and
made all the remaining co-sharers parties defendant to the suit;
or
if such certificate was signed on the requisition of, or in favour of, a
sole landlord or the entire body of landlords;]
(a) When, the application mentioned in section 158AA is made and the
decree-holder wants to proceed against the tenure or holding or
portion of the tenure or holding in respect of which the decree was
obtained, the Court executing the decree shall, before proceeding to
sell the tenure or the holding or a part of the holding, give to the
parties to the decree notice of the application and of the date on which
the sale proclamation shall be drawn up, and may, notwithstanding
anything contained in the Code of Civil Procedure, 1908 (5 of 1908),
simultaneously issue attachment.
159. General powers of purchaser as to avoidance of
incumbrances :-

(1) Where a tenure or holding or part of a holding is sold in execution

of a decree for arrears due in respect of the tenure or holding the
purchaser shall take subject to the interests defined in this Chapter as
"protected interests".
When a tenure or holding or part of a holding is sold in execution of a
decree for arrears due in respect of the tenure or holding, the
purchaser shall have power to annul the interests defined in this
Chapter as "incumbrances":
Provided as follows: --
(a) a registered and notified incumbrance within the meaning of this
Chapter shall not be so annulled except in the case hereinafter
mentioned in that behalf;
(b) the power to annul shall be exercisable only in the manner by this
Chapter directed.
160. Protected interests :-

The following shall be deemed to be protected interests within the

meaning of this Chapter: --
( a ) any under-tenure existing from the time of the Permanent
Settlement;
(b) an under-tenure recognized by the settlement-proceedings of any
current temporary settlement as a tenure at a rent fixed for the period
of that settlement;
(c) any lease of land whereon dwelling-houses, manufactories; or other
permanent buildings have been erected or permanent gardens,
plantations, tanks, canals, places of worship or bursting or burying
grounds have been made;
(d) any right of occupancy;
(e) the right of a non-occupancy-raiyat to hold for five years at a rent
fixed under Chapter VI by a Court, or under Chapter X by a Revenue-
officer;
(f) any right conferred on an occupancy-raiyat to hold at a rent which
was a fair and reasonable rent at the time the right was conferred;
(g) any right or interest which the landlord at whose instance the
tenure or holding is sold, or his predecessor in title, has expressly and
in writing given the tenant for the time being permission to create; and
( h ) the interest of a raiyat in the homesteads farming part of his
holding.
161. Meaning of "incumbrance", "Registered and notified
incumbrances" and "Arrears" and "Arrears of rent" :-
For the purpose of Chapter: --
(a) the term "incumbrance" used with reference to a tenancy, means
any lien, sub-tenancy, easement or other right or interest created by
the tenant on his tenure or holding in limitation of his own interest
therein, and not being a protected interest as defined in the last
foregoing section;
(b) the term "registered and notified incumbrance" used with reference
to a tenure or holding sold or liable to sale in execution of a decree for
an arrear rent due in respect thereof means an incumbrance created by
a registered instrument of which a copy has, not less than three
months before the accrual of the arrear, been served on the landlord in
manner hereinafter provided;
(c) the terms "arrears" and "arrears of rent" shall be deemed to include
interest decreed under section 67.
162. Application for sale of tenure or holding :-

Rep. by the Bihar Tenancy (Amendment) Act, 1938 (Bihar Act 11 of

1938).
162A. Sale of a portion of holding :-

When the decree-holder makes the application mentioned in section

158AA the Court executing the decree may order that the holding
liable to sale or such portion thereof as may seem necessary to satisfy
the decree shall be sold and that the proceeds of such sale or a
sufficient portion thereof shall be paid to the party entitled under the
decree to receive the same:
Provided that if the decree-holder desires that the portion of the
holding mentioned in the plaint or any other portion thereof should be
sold the Court shall order that such portion or so much of such portion
as may seem to it necessary to satisfy the decree shall be sold and the
proceeds paid as provided in this section:
Provided further that if there is any incumbrance on any portion of
such holding created before the date of the institution of the suit in
which the decree was passed, the Court shall not order such portion to
be sold unless in the opinion of the Court the decree cannot be
satisfied without the sale of such portion:
Provided again that nothing in this section shall be deemed to
authorise the sale of a portion of a plot comprised in a holding.
163. Order of attachment and proclamation of sale to be issued
simultaneously :-

(1) When a tenure or a holding or a part of a holding is ordered to be

sold in execution of a decree for the arrears of the rent of such tenure
or holding the Court shall cause a proclamation of the intended sale to
be made.
(2) Such proclamation shall state the time and place of sale and specify
as fairly and as accurately as possible --
(a) the property to be sold;
(b) the value of the tenure or the holding or if the property to be sold
is a portion of a holding the value of such portion as determined by the
Court in the manner specified hereafter.
(c) the amount for the recovery of which the sale is ordered.
(3) The proclamation shall in addition to stating and specifying the
particulars mentioned in sub-section (2) announce --
(a) in the case of a tenure or a holding of a raiyat holding at fixed
rates that the tenure or holding will first be put up to auction subject
to the registered and notified incumbrances, and will be sold subject to
those incumbrances if the sum bid is sufficient to liquidate the amount
of the decree and costs and that otherwise it will if the decree-holder
so desires be sold on a subsequent day of which due notice will he
given with power to annul all incumbrances;
(b) in the case of an occupancy-holding that the holding will be sold
with power to annul all incumbrances.]
(4) The proclamation shall, besides being made in the manner
prescribed by rule 67 of Order XXI of the Code of Civil Procedure 1908
(5 of 1908) be published by fixing up a copy thereof in a conspicuous
place of the land comprised in the tenure or holding ordered to be sold
and shall also be published in such manner as the Board of Revenue
may, from time to time, direct]1 in this behalf.
( 5 ) Before issuing the sale proclamation, the Court executing the
decree shall hear the parties and estimate the value of the holding or
o f that portion of the holding the proceeds of the sale of which it
considers will be sufficient to satisfy the decree.
(6) Any person aggrieved by an order passed under sub-section (5)
may appeal to the Court to which appeals from the Court executing the
decree ordinarily lie.
(7) Notwithstanding anything contained in rule 68 of Order XXI of the
said Code, the sale shall not, without the consent in writing of the
judgment-debtor, take place until after the expiration of at least thirty
days calculated from the date on which the copy of the proclamation
has been fixed up on the land comprised in the tenure or holding
ordered to be sold.
1. For an order made under S. 163 (3), now re-numbered S. 163(4),
see the Bihar and Orissa Local Statutory Rules and Orders, Vol. I Part
IV 5.
163A. Holding or portion not to be sold for price lower than
that specified in proclamation of sale :-

Notwithstanding anything contained in the Code of Civil Procedure,

1908 (5 of 1908) a holding or portion of a holding advertised for sale
shall not be sold for a price lower than that specified in the sale
proclamation:
Provided that if the highest amount bid for such holding or portion of a
holding is less than the price specified for the same in the sale
proclamation, the Court may sell such holding or portion for such
highest amount if the decree holder consents in writing to forego so
much of the amount of the decree as is equal to the difference
between the highest amount bid and the price specified for the holding
or portion in the sale proclamation:
Provided further that nothing in this section shall apply to the sale of a
holding in execution of a decree passed in a suit in which the
defendant has been held to be a habitual defaulter under section
148AA.
163B. Distribution of rent of holding a portion of which is sold
in execution of decree for arrears of rent :-

(1) Where a portion of an occupancy-holding has been sold in

execution of a decree or a certificate signed under the Bihar and Orissa
Public Demands Recovery Act, 1914 (B & O. Act 4 of 1914), for arrears
of rent due in respect of such holding, the division of the said holding
consequent upon the sale shall be binding on the landlord, and any
distribution of the rent of the holding made between the purchaser of
the said portion and the tenant of such holding shall be binding on the
landlord.
(2) If the landlord object to the distribution of the rent of the holding
referred to in sub-section (1), he may apply to the Collector to
distribute the rent of the holding.
(3) On receipt of such application the Collector shall serve on the other
parties a notice of the date on which he intends to hear the application
and after hearing the parties and holding such enquiry as he thinks fit,
distribute the rent of the holding in such manner as he considers fair
and equitable and his decision shall be final.
(4) The order of the Collector under sub-section (3) shall take effect
from such date as he may specify in the order.
T h e Collector shall have power to award costs to any party to any
proceeding under this section, and any sum ordered to be paid as costs
shall be recoverable from the party by whom it is payable as a public
demand under the Bihar and Orissa Public Demands Recovery Act,
1914 (B & O. Act 4 of 1914).
164. Sale of tenure or holding subject to registered and
notified incumbrances, and effect thereof :-

(1) When a tenure or a holding at fixed rates has been advertised for
sale under section 163, it shall be put up to auction subject to
registered and notified incumbrances; and, if the bidding reaches a
sum sufficient to liquidate the amount of the decree and costs,
including the costs of sale, the tenure or holding shall be sold subject
to such incumbrances.
(2) The purchaser at a sale under this section may, in manner provided
by section 167, and not otherwise, annul any incumbrance upon the
tenure or holding not being a registered and notified incumbrance.
165. Sale of tenure or holding with power to avoid all
incumbrances and effect thereof :-

(1) If the biding for a tenure or holding at fixed rates put up to auction
under the last foregoing section does not reach a sum sufficient to
liquidate the amount of the decree and costs as aforesaid and if the
decree holder thereupon desires that the tenure or holding be sold with
power to avoid all incumbrances, the office or holding the sale shall
adjourn the sale and make a fresh proclamation under rule 67 of Order
XXI of the Code of Civil Procedure, 1908 (5 of 1908) announcing that
the tenure or holding will be put up to auction and sold with power to
avoid all incumbrances upon a future day specified therein not less
t h a n fifteen or more than thirty days from the date of the
postponement and upon that day the tenure or holding shall be put up
to auction and sold with power to avoid all incumbrances.
(2) The purchaser at a sale under this section may, in manner provided
by section 167, and not otherwise, aunul any incumbrance on the
tenure or holding.
166. Sale of occupancy holding with power to avoid all
incumbrances and effect thereof :-

(1) When an occupancy holding or portion of an occupancy has been

advertised for sale under section 163, it shall be put up to auction and
sold.
(2) An occupancy holding or portion of an occupancy holding shall be
sold with power to avoid all incumbrances and the purchaser may, in
the manner provided by section 167 and not otherwise, annul any
incumbrance on the holding or portion of the holding.
167. Procedure for annulling incumbrances under the
foregoing sections :-

(1) A purchaser having power to annul an incumbrance under any of

the foregoing sections or under the Bihar and Orissa Public Demands
Recovery Act, 1914 (B & O. Act 4 of 1914) and desiring to annul the
same, may, within one year from the date of the sale or the date on
which he first has notice of the incumbrance, whichever is later,
present to the Collector an application in writing, requesting him to
serve on the incumbrancer a notice declaring that the incumbrance is
annulled.
(2) Every such application must be accompanied by such fee for the
service of the notice as the Board of Revenue may fix in this behalf.
(3) When an application for service of a notice is made to the Collector
in manner prescribed by this section, he shall cause the notice to be
served in compliance therewith, and the incumbrance shall be deemed
to be annulled from the date on which it is so served.
(4) When a tenure or holding or portion of a holding is sold in
execution of a decree or a certificate signed under the Bihar and Orissa
Public Demands Recovery Act, 1914 (B. & O. Act 4 of 1914) for arrears
due in respect of the tenure or holding and there is on the tenure or
holding or portion of the holding a protected interest of the kind
specified in section 160, clause (c), the purchaser may, if he has power
under this Chapter or that Act, to avoid all incumbrances, sue to
enhance the rent of the land which is the subject of the protected
interest. On proof that the land is held at a rent which was not at time
the lease was granted a fair rent, the Court may enhance the rent to
such amount as appears to be fair and equitable.
This sub-section shall not apply to land which has been hold for a term
exceeding twelve years at a fixed rent equal to the rent of good arable
land.
168. Power to direct that occupancy-holding be dealt with
under foregoing sections as tenures :-

(1) The State Government may, from time to time, by notification in

the official Gazette, direct that occupancy holdings or any specified
class of occupancy-holdings in any local area put up for sale in
execution of a decree for an arrear of rent due on them shall, before
being put up with power to avoid all incumbrances, be put up subject
t o registered and notified incumbrances, and may by like notification
rescind any such direction.
(2) While any such direction remains in force in respect of any local
area, all occupancy-holdings, or as the case may be, occupancy-
holdings of the specified class in that local area, shall, for the purposes
of sale under the foregoing sections of this Chapter, be treated in all
respects as if they were tenures.
169. Rules for disposal of the sale proceeds :-

(1) In disposing of the proceeds of a sale under this Chapter, the

following rules, instead of those prescribed by section 73 of the Code of
Civil Procedure, 1908 (5 of 1908) shall be observed, that is to say: --
(a) there shall first be paid to the decree-holder the costs incurred by
him in bringing the tenure or holding to sale;
(b ) there shall, in the next place, be paid to the decree-holder the
amount due to him under the decree in execution of which the sale
was made;
(c) if there remains a balance after these sums have been paid, there
shall be paid to the decree-holder therefrom any rent which may have
fallen due to him in respect of the tenure or holding between the
institution of the suit and the date of the confirmation of the sale;
(d) the balance (if any) remaining after the payment of the rent
mentioned in clause (c) shall, upon expiration of two months from the
confirmation of the sale, be paid to the judgment-debtor upon his
application:
Provided that where a tenure or holding has been sold in execution of a
decree obtained, by one or more co-sharer landlords in a suit framed
under section 148A or sub-section (1) of section 158B,--
(i) payment of the amount due under such decree shall,
notwithstanding anything contained in clause (b), be made to the
decree holder and to the other co-sharer landlords in proportion to the
amount found to be due to each, and
(ii) if there remains a balance, payment of any rent which may have
fallen due in respect of the tenure or holding between the institution of
the suit and the date of the confirmation of the sale shall,
notwithstanding anything contained in clause (c) but subject to the
determination in the manner and with the effect mentioned in sub-
section (2) of any dispute as to their respective rights to receive such
rent, be made to the said decree-holder and the other co-sharer
landlords in proportion to their respective shares in the tenure or
holding.
(2) If the judgment-debtor disputes the decree holders right to receive
any sum on account of rent under clause (c), the court shall determine
the dispute, and the determination shall have the force of a decree.
170. Tenure or holding to be released from attachment only on
payment into Court of amount of decree, with costs, or on
confession of satisfaction by decree-holder :-
(1) Rules 58 to 63 (both inclusive) and 89 of Order XXI of the Code of
Civil Procedure, 1908 (5 of 1908) shall not apply to a tenure or holding
or portion of a holding attached in execution of a decree for arrears
due in respect of the tenure or holding.
(2) When an order for the sale of a tenure or holding or portion of a
holding in execution of such a decree has been made, the tenure or
holding or portion of the holding shall not be released from attachment
unless, before it is knocked down to the auction-purchaser the amount
of the decree, including the costs decreed, together with the costs
incurred in order to the sale, is paid into court, or the decree-holder
makes an application for the release of the tenure or holding on the
ground that the decree has been satisfied out of court.
(3) The judgment-debtor, or any person whose interests are affected
by the sale, other than a transferee of a holding from whom the
landlord is entitled to receive the landlords registration fee and who
h a s neither paid the landlords registration fee to the landlord nor
deposited the same with the Collector, may pay money into Court
under this section.
171. Amount paid into Court to prevent sale to be in certain
cases a mortgage debt on the tenure or holding :-

(1) When any person having in a tenure or holding advertised for sale
under this chapter, or in execution of a certificate for arrears of rent
due in respect thereof, signed under the Bihar and Orissa Public
Demands Recovery Act, 1914 (B. & O. Act 4 of 1914) and interest
which would be avoidable upon the sale, pays into Court the amount
requisite to prevent the sale--
(a) the amount so paid by him shall be deemed to be a debt bearing
interest at twelve per centum per annum and secured by a mortgage
of the tenure or holding to him;
(b) his mortgage shall take priority of every other charge on the tenure
or holding other than a charge for arrear of rent; and
(c) he shall be entitled to possession of the tenure or holding as
mortgagee of the tenant, and to retain possession of it as such until
the debt, with the interest due thereon, has been discharged.
(2) Nothing in this section shall affect any other remedy to which any
such person would be entitled.
171A. The amount paid by mortgagor to prevent sale together
with fifty per-centum to be deemed to be debt due from the
mortgages :-

( 1 ) Notwithstanding anything to the contrary contained in any law,

when a tenure or holding or portion thereof, mortgaged by a tenant
has been advertised for sale under this Chapter or in execution of a
certificate for arrears of rent due in respect thereof, signed under the
Bihar and Orissa Public Demands Recovery Act, 1914 (B. & O. Act 4 of
1914). for default of the mortgagee who was liable under the terms of
the contract between him and the mortgagor for payment of the
arrears of rent for which the decree or certificate was obtained, and the
mortgagor tenant pays into Court the amount requisite to prevent the
sale --
(a) the amount so paid by him together with fifty per centum of the
said amount by way of compensation shall be deemed to be a debt due
from the mortgagee; and
( b ) the mortgagor shall, on application to the Court executing the
decree, be entitled to be put in possession of the tenure or holding or
portion thereof by ejecting the mortgagee and to retain possession of it
until the debt has been discharged
(2) Nothing in this section shall affect any other remedy to which the
mortgagor would be entitled.]
172. Inferior tenant paying into Court may deduct from rent :-

W hen a tenure or holding or a portion of a holding is advertised for

sale --
(a) under this Chapter, in execution of a decree against a superior
tenant defaulting, or
(b) in execution of a certificate, signed under the Bihar and Orissa
Public Demands Recovery Act, 1914 (B. & O. Act 4 of 1914) for arrears
of rent due in respect of the tenure or holding from a superior tenant
defaulting,
and an inferior tenant, whose interest would be voidable upon the sale,
pays money into Court in order to prevent the sale, he may in addition
to any other remedy provided for him by law, deduct the whole or any
portion of the amount so paid from any rent payable by him to his
immediate landlord; and that landlord, if he is not the defaulter, may,
in like manner deduct the amount so deducted from any rent payable
by him to his immediate landlord, and so on until the defaulter is
reached.
173. Decree-holder may bid at sale; judgment-debtor may not
:-

(1) Notwithstanding anything contained in rule 72 of Order XXI of the

Code of Civil Procedure, 1908 (5 of 1908) the holder of a decree in
execution of which a tenure or holding or portion of a holding is sold
under this Chapter may, without the permission of the court, bid or
purchase the tenure or holding or portion of the holding.
( 2 ) The judgment-debtor shall not bid for or purchase a tenure or
holding or portion of a holding so sold.
(3) When a judgment-debtor purchases by himself or through another
person a tenure or holding or portion of a holding so sold, the Court
may, if it thinks fit, on the application of the decree-holder or any
other person interested in the sale, by order set aside the sale and the
costs of the application and order, and any deficiency of price which
may happen on the re-sale, and all expenses attending it shall be paid
by the judgment-debtor.
174. Application by judgment-debtor to set aside sale :-

(1) Where a tenure or holding or portion of a holding is sold for an

arrear of rent due in respect of the tenure or holding, than, at any time
within thirty days from the date of sale, the judgment-debtor or any
person whose interest are affected by the sale, other than a transferee
of a holding from whom the landlord is entitled to receive the landlords
registration fee and who has neither paid the landlords registration fee
to the landlord nor deposited the same with the Collector may apply to
have the sale set aside, on his depositing in Court, for payment to the
decree-holder, the amount recoverable under the decree with costs,
and, for payment to the purchaser, a sum equal to five per centum of
the purchase-money.
(2) If such deposit is made within the thirty days, the Court shall pass
an order setting aside the sale, and the provisions of rule 93 of Order
XXI of the Code of Civil Procedure, 1908 (5 of 1908), shall apply in the
case of a sale so set aside;
Provided that if a judgment-debtor applies under rule 90 of Order XXI
of the Code of Civil Procedure, 1908 (5 of 1908), to set aside the sale
of his tenure or holding, he shall not be entitled to make an application
under this section;
and if he applies under this section, he shall not be entitled to make an
application under rule 90 of Order XXI of the Code of Civil Procedure,
1908 (5 of 1908).
(3) Rule 91 of Order XXI of the Code of Civil Procedure, 1908 (5 of
1908), shall not apply to any sale under this Chapter.
174A. Application for delivery of possession :-

(1) Where a tenure or a holding or a portion of a holding has been sold

i n execution of a decree for arrears of rent in accordance with the
provisions of this Chapter and a certificate in respect thereof has been
granted under rule 94 of Order XXI of the Code of Civil Procedure,
1908 (5 of 1908), the purchaser may, subject to the provisions of this
Act, make an application to the Court for an order for delivery to be
made by putting such purchaser or any person whom he may appoint
to receive delivery on his behalf in possession of the property.
(2) Application made under sub-section (1) shall be dealt with as if it
were an application for delivery of possession under the Code of Civil
Procedure, 1908 (5 of 1908).
175. Registration of certain instruments creating
incumbrances :-

Notwithstanding anything contained in Part IV of the Indian

Registration Act, 18771[ ( 3 of 1877), an instrument creating
incumbrance upon any tenure or holding which has been executed
before the commencement of this Act, and is not required by section
17 of the said Registration Act to be registered, shall be accepted for
registration under that Act if it is presented for that purpose to the
proper officer within one year from the commencement of this Act.
1. See the Indian Registration Act, 1908 (16 of 1908).

176. Notification of incumbrances to landlord :-

Every officer who has, whether before or after the passing of this Act,
registered an instrument executed by a tenant of a tenure or holding
and creating an incumbrance on the tenure or holding, shall, at the
request of the tenant or of the person in whose favour the
incumbrance is created, and on payment by him of such fee as the
State Government may fix in this behalf, notify the incumbrance to the
landlord by causing a copy of the instrument to be served on him in
the prescribed manner.
177. Power to create incumbrance not extended :-

Nothing contained in this Chapter shall be deemed to enable a person

to create an incumbrance which he could not otherwise lawfully create.
CHAPTER 14 CONTRACT AND CUSTOM
177A. Exemption :-

Notwithstanding anything to the contrary contained in the Code of Civil

Procedure, 1908 (5 of 1908) a decree for arrears of rent obtained
against a raiyat or an under-raiyat shall not be executed --
(a) by the detention in the civil prison of the judgment-debtor, or
(b) by the sale of houses and other buildings with the materials and
the sites thereof and the lands immediately appurtenant thereto and
necessary for their enjoyment belonging to the raiyat or under-raiyat
and occupied by him:
Provided that any such house or building and the materials and the
sit e s thereof and the lauds immediately appurtenant thereto and
necessary for their enjoyment may be sold in execution of a decree for
arrears of rent due in respect of the site of such house or building.]
178. Restrictions on exclusions of Act by agreement :-

( 1 ) Nothing in any contract between a landlord and a tenant made

before or after the passing of this Act-
(a) shall bar in perpetuity the acquisition of an occupancy-right in land,
or
(b) shall take away, an occupancy-right in existence at the date of the
contract, or
( c ) shall entitle a landlord to eject a tenant otherwise than in
accordance with the provisions of this Act, or
(d) shall take away or limit the right of a tenant, as provided by this
Act, to make improvements and claim compensation for them.
(2) Nothing in any contract made between a landlord and a tenant
since the 15th day of July, 1880, and before the passing of this Act,
shall prevent a raiyat from acquiring, in accordance with this Act, an
occupancy-right in land.
(3) Nothing in any contract made between a landlord and a tenant
after the passing of this Act shall --
(a) prevent a raiyat or an under-raiyat from acquiring, in accordance
with this Act, an occupancy-right in land;
(b) take away or limit the right of an occupancy-raiyat or an under-
raiyat with a right of occupancy to use land as provided by section 23;
(bb) take away or limit any right conferred on an occupancy-raiyat or
an under raiyat with a right of occupancy by section 23A;
(c) take away the right of a raiyat to surrender his holding in
accordance with section 86;
(d) take away the right of a raiyat to transfer or bequeath, his holding
in accordance with the provisions of this Act;
(e) take away the right of an occupancy-raiyat to sub-let subject to,
and in accordance with, the provisions of the Act;
(f) take away the right of a raiyat to apply for a reduction of rent
under section 112A or section 52;
(g) take away the right of a landlord or a tenant to apply for a
commutation of rent under section 40 or section 40B; or
(h) affect the provisions of section 67 relating to interest payable on
arrears of rent;
Provided as follows: --
(i) nothing in this section shall affect the terms or conditions of a lease
granted bona fide for the reclamation of waste land except that,
where, on or after the expiration of the term created by the lease, the
lessee would, under Chapter V, be entitled to an occupancy-right in the
land comprised in the lease, nothing in the lease shall prevent him
from acquiring that right;
(ii) when a landlord has reclaimed waste-land by his own servants or
hired labourers, and subsequently lets the same or a part thereof to a
raiyat, nothing in this Act shall effect the terms of any contract
whereby a raiyat is prevented from acquiring an occupancy-right in the
land or part during a period of thirty years from the date on which the
land or part is first let to a raiyat;
(iii) nothing in this section shall affect the terms or conditions of any
contract for the temporary cultivation of horticultural or orchard land
with agricultural crops.
Explanation.--The expression "horticultural land" as used in proviso (iii)
means garden land, in the occupation of a proprietor or permanent
tenure-bolder, which is used bona fide for the cultivation of flowers or
vegetables, or both, grown for the personal use of such proprietor or
permanent tenure-holder and his family, and not for profit or sale.
178A. Restriction on payment of certain kind of rent by
agreement :-

(1) Nothing in any contract, express or implied, between a landlord

a n d a raiyat made-before or after the commencement of the Bihar
Tenancy (Amendment) Act. 1937 (Bihar Act 8 of 1937) shall entitle the
landlord to rent on the estimated value of the whole or a portion of the
crop or on the estimated produce of the whole or a portion of the
holding of the raiyat according to the system commonly known as
danabandi.
(2) Where a raiyat was, before the date of the commencement of the
Bihar Tenancy (Amendment) Act, 1937 (Bihar Act 8 of 1937), liable to
pay for his holding rent on the estimated value of the whole or a
portion of the crop or on the estimated produce of the whole or a
portion of the holding, he shall from and after the said date be liable to
pay to the landlord rent in kind by division of the produce of the
holding.
178B. Restriction on share of produce rent payable to landlord
by agreement :-

Nothing in any contract, express or implied, between a landlord and a

raiyat made before or after the commencement of the 1[Bihar Tenancy
(Second Amendment) Act, 1955 (Bihar Act 24 of 1955), shall entitle
the landlord to more than [five-twentieths] of the produce after the
usual customary deductions on account of cost of harvesting of such
produce as rent in respect of an occupancy holding if rent is payable in
kind by division of the produce.
1. Substituted by Act 24 of 1955.
178C. Landlord not entitled to a share in straw or bhoosa in
produce rents :-

1[ Where rent in respect of an occupancy holding is payable in kind by

division of the produce, nothing in this Act or in any contract, express
or implied, between a landlord and a raiyat made before or after the
commencement of the Bihar Tenancy (Amendment) Act, 1946 (Bihar
A ct 13 of 1946) shall entitle the landlord to a share in the straw or
bhoosa as rent out of the produce of the said holding.
2[Explanation.--The word "straw" in this section includes jute sticks
after the jute has been extracted therefrom and arhar and maize sticks
when the produces are jute, arhar and maize, respectively.]
1. The provisions of this section applied to all suits or appeals for the
recovery of arrears of rent which were, pending on the date on which
the Act came into force, viz., the 25th September, 1946.
2. Substituted by Act 24 of 1955.

179. Permanent mukarrari leases :-

Nothing in this Act shall be deemed to prevent a proprietor or a holder

of a permanent tenure in a permanently-settled area from granting a
permanent mukarrari lease on any terms agreed on between him and
his tenant.
180. Utbandi, chur and diara land :-

Notwithstanding anything in this Act, a raiyat --

(a) who, in any part of the country where the custom of utbandi
prevails, holds land ordinarily let under that custom and for the time
being let under that custom, or
(b) who holds land of the kind known as chur or diara, shall not acquire
a right of occupancy, in case (a), In land ordinarily held under the
custom of utbandi and for the time being held under that custom, or in
case (b), in the chur or diara land,
until he has held the land in question for twelve continuous years; and,
until he acquires a right of occupancy in the land, he shall be liable to
pay such rent for his holding as may be agreed on between him and
his landlord.
(2) Chapter VI shall not apply to raiyats holding land under the custom
of utbandi in respect of land held by them under that custom.
(3) The Collector may, on the application of either the landlord or the
tenant or on a reference from the Civil Court, declare that any land has
ceased to be chur or diara land within the meaning of this section, and
thereupon all the provisions of this Act shall apply to the land.
181. Saving as to service tenures :-

Nothing in this Act shall effect any incident of a ghatwali]1 or other

service-tenure, or, in particular, shall confer a right to transfer or
bequeath a service-tenure which, before the passing of this Act, was
not capable of being transferred or bequeathed.
2[Explanation.--The expression "service tenure" includes the grant of
land free of rent, by raiyat to any person to cultivate himself in lieu to
wages or service]
1. As to ghatwali tenures, see the Bengal Ghatwali Lands Regulation,
1814 (29 to 1814), and the Bengal Ghatwali Lands Act, 1859 (3 of
1859).
2. Inserted by Act 24 of 1955.
182. Homesteads :-

When a raiyat holds his homestead otherwise than as part his holding
as a raiyat, the incidents of his tenancy of the homestead shall be
regulated by local custom or usage, and subject to local custom or
usage, by the provisions of this Act applicable to land held by a raiyat.
183. Saving of custom :-

Nothing in this Act shall affect any custom, usage of customary right
not inconsistent with, or not expressly or by necessary implication
modified or abolished by its provisions.
CHAPTER 15 LIMITATION
184. Limitation in suits, appeals and applications in Schedule
III :-

(1) The suits, appeals, 1[Proceedings] and applications specified in

Schedule III annexed to this Act shall be instituted and made within
the time prescribed in that Schedule for them respectively; and every
such suit, 2[appeal or proceeding] instituted, and application made,
after the period of limitation so prescribed, shall be dismissed,
although limitation has not been pleaded.
(2) Nothing in this section shall revive the right to institute any suit or
appeal or make any application which would have been barred by
limitation if it had been instituted or made immediately before the
commencement of this Act.
1. Inserted by Act 27 of 1959.
2. Substituted by Act 27 of 1959
CHAPTER 16 SUPPLEMENTAL
185. Portions of the Indian Limitation Act not applicable to
such suits etc :-

(1) Sections 7 and 9 of the Indian Limitation Act, 1877 (15 of 1877)]2,
shall not apply to the suits, 3[proceedings] and applications mentioned
in the last foregoing section.
( 2 ) Subject to the provision of this Chapter, the provisions of the
Indian Limitation Act, 1877 (15 of 1877)]3 shall apply to all suits,
appeals 1[proceedings] and application mentioned in the last foregoing
section.
1. Substituted by Act 27 of 1959
2. See. Indian Limitation Act, 1908 (9 of 1908).
3. Inserted by Act 27 of 1959.
186. Penalties for illegal interference with produce :-

(1) If any person, otherwise than in accordance with this Act or some
other enactment for the time being in force --
(a) distrains or attempts to distrain the produce of a tenants holding,
or
( b ) resists a distraint duly made under this Act, or forcibly or
clandestinely, removes any properly duly distrained under this Act, or
(c) except with the authority or consent of the tenant, prevents or
attempts to prevent the reaping, gathering, storing, removing or
otherwise dealing with any produce of a holding.
h e shall be deemed to have committed criminal trespass within the
meaning of the Indian Penal Code (45 of 1860).
(2) Any person who abets within the meaning of the Indian Penal Code
(45 of 1860), the doing of any act mentioned in sub-section (1) shall
be deemed to have abetted the commission of criminal trespass within
the meaning of that Code.
186A. Damages for denial of landlords title :-
(1) When, in any suit between a landlord and tenant as such, the
tenant donounces his character as tenant of the landlord by setting up
without reasonable or probable cause title in a third person or himself,
the Court may pass a decree in favour of the landlord for such amount
o f damages, not exceeding ten times the amount of the annual rent
payable by the tenant, as it may consider to be just.
(2) The amount of the damages decreed under sub-section (1),
together with any interest accruing due thereon, shall, subject to the
landlords charge for rent, be a first charge on the tenure or holding of
t he tenant: and the landlord may execute such decree for damages
and interest, either as a decree for a sum of money, or, subject to the
provisions of section 158B, in any of the modes in which a decree for
rent may be executed.
Agents and representative of landlords.
187. Power for landlord to act through agent :-

(1) Any appearance, application or act, in, before or to any Court or

authority, required or authorized by this Act to be made or done by a
landlord, may unless the Court or authority otherwise directs, be made
or done also by an agent empowered in this behalf by a written
authority under the hand of the landlord.
(2) Every notice required by this Act to be served on, or given to, a
landlord shall, if served on, or given to, an agent empowered as
aforesaid, to accept service or receive the same on behalf of the
landlord, be as effectual for the purposes of this Act as if it had been
served on, or given to, the landlord in person.
(3) Every document required by this Act to be signed or certified by a
landlord, except an instrument appointing or authorizing an agent,
may be signed or certified by an agent of the landlord authorized in
writing in that behalf.
188. Joint landlord to act collectively or by common agent :-

W here two or more persons are joint-landlords, anything which the

landlord is under this Act required or authorized to do must be done
either by both or all those persons acting together, or by an agent
authorized to act on behalf of both or all of them;
Provided that one or more co-sharer landlord, may file an application
und er sub-section (1) of section 88E or under sub-section (2) of
section 121 making all the remaining co-sharer landlords parties
defendant to the proceeding.
188A. Procedure in suits by joint-landlords :-
Notwithstanding anything contained in this Act, every suit between
landlord and tenant as such instituted by--
(a) a sole landlord,
(b) the entire body of landlords, or
(c) one or more co-sharer landlords,
sh all be subject to the provisions of sections 143 to 153 (both
inclusive) and to every decree referred to in section 158B, the
provisions of Chapter XIII shall, so far as may be practicable, be
applicable.
189. Power to make rules :-

(1) The State Government may, from time to time, by notification in

the Bihar Gazette, make rules]1 for the purpose of carrying out the
provisions of this Act.
( 2 ) In particular and without prejudice to the generality of the
foregoing power, the State Government may, in like manner, make
rules consistent with this Act--
(a) to regulate the procedure to be followed by Revenue-officers in the
discharge of any duty imposed upon them by or under this Act, and
may, by such rules confer upon any such officer--
(i) any power exercised by a Civil Court in the trial of suits;
(ii) power to enter upon any land, and to survey, demarcate and make
a map of the same, and any power exercisable by any officer under the
Bengal Survey Act, 1875 (Ben. Act 5 of 1875); and
(iii) power to cut and thresh the crops on any land and weigh the
produce, with a view to the estimating the capabilities of the soil;
(b) to prescribe the forms, and the mode of service, of notices issued
under this Act, where no form or mode is prescribed by this or any
other Act;
(c) to prescribe the manner in which landlords registration fees or rent
distribution fees shall be transmitted to the landlord;
(d) to prescribe the authority by whom the fees deposited under
sections 12, 13, 15 and 17, clause (a) of section 18 and section 26A
may be declared to be forfeited, and the mode in which such fees,
when so forfeited shall be dealt with;
2[(d1) to prescribe the manner in which the proportionate rent under
the second proviso to section 48 shall be calculated;]
(e) to prescribe the form of notice to be given under sub-section (1) of
section 25A and the manner in which such notice shall be served; and
(f) to provide for all or any of the following matters, namely:--
(i) the process fee 4[and land lords registration fee mentioned in
subsection (2) and 4[sub-section (3) of section 12;
(ii) the form of the notice referred to in section 26B and the particulars
to be entered therein:
(iii) the authority to whom appeal shall lie under sub-section (6) of
section 40 and the procedure to be followed by the said authority in
hearing and disposing of such appeal;
3[(iiia) the authority to whom appeals shall lie under sub-section (1) of
section 48-F, and the procedure to be followed in hearing and
disposing of appeals under the said section;
(iiib) the manner in which landlord or other persons in possession of
the land of an under-raiyat shall be ejected under sub-section (10) of
section 48-E;
(iv) the authority to whom appeals shall lie under sub-section (6) of
section 58;
(iva) the manner in which forms of receipt printed by landlords,
mentioned in the proviso to sub-section (2) of section 59, shall be
consecutively numbered and stamped with the seal of the Collector;
(ivb) the form in which landlords shall submit returns to the Collector
under sub-section (3) of section 59;
(ive) the authority to whom and the period within which an appeal
shall lie under sub-section (5) of section 59;
(ivd) the period within which an application shall be made by the
landlord to the Collector for division of the produce under sub-section
(1) of section 69;
(v) the particulars to be contained in the notice referred to in sub-
section (2) of section 88A;
(vi) to (xi) 5[* * * *];
(xii) the form of application under sub-section (1) of section 112A.
(xiii) the procedure to be followed by the Collector in the exercise of
the power conferred on him by section 112A;
(xiv) the authority to whom appeals shall lie under sub-section (1) of
section 112B, and the procedure to be followed by the said authority in
hearing and disposing of such appeals;
(xv) the procedure to be applied for the realisation of rent in cases
referred to in section 142, and the authority by whom such procedure
may be applied and. the rent may be realised;
(xa) the manner in which a notice of the time fixed for the payment of
the decretal amount shall be given to the defendant under sub-section
(4) of section 148AA; and
(xvi) the form of application under section 158AA and the particulars to
be contained in such applications.
1. For rules made under 189 see the Bihar and Orissa Local Statutory
Rules and Orders, Vol, 1, Part IV.
2. Inserted by Act 19 of 1955.
3. Inserted by Act 24 of 1955.
4. Inserted by Act 10 of 2004.
5. Omitted by Act 23 of 1947.

189A. Transfer of proceedings :-

(1) It shall be competent to the Board of Revenue to transfer, and with

the previous sanction of the State Government to make rules
authorizing revenue-officers to transfer, any suit or other proceeding,
original or otherwise under any provision of this Act, from the file of
any subordinate officer to the file of any other subordinate officer who
is duly authorized to entertain or decide suits or other proceedings
under such provision.
(2) Validation of certain transfers made prior to the commencement of
this Act.-- No decision or order made by any revenue-officer under any
provision of this Act shall, if such officer was duly authorized to act
under such provision, be deemed to be invalid by reason only that the
suit or other proceeding in which it was made came to his file prior to
the commencement of the Bihar Tenancy (Amending and Validating)
Act, 1920 (B. & O. Act 9 of 1920) without a due order of transfer.
190. Procedure for making publication and confirmation of
rules :-

(1) Every authority having power to make rules under any section of
this Act shall, before making the rules, publish a draft of the proposed
rules for the information of persons likely to be affected thereby.
(2) The publication shall be made, in the case of rules made by the
State Government or High Court, in such manner as may, in its
opinion, be sufficient for giving information to persons interested, and,
in the case of rules made by any other authority, in the prescribed
manner:
Provided that every such draft shall be published in the official
Gazette.
(3) There shall be published with the draft a notice specifying a date,
not earlier than the expiration of one month after the date of
publication, at or after which the draft will be taken into consideration.
(4) The authority shall receive and consider any objection or
suggestion which may be made by any person with respect to the
draft-before the date so specified.
(5) The publication in the official Gazette of a rule purporting to be
made under this Act shall be conclusive evidence that it has been duly
made.
(6) All rules made under this Act may, from time to time, subject to
the sanction (if any) required for making them, be amended, added to
or cancelled by the authority having power to make the same.
Provisions as to temporarily-settled districts.
191. Saving as to land held in a district not permanently
settled :-

Where the area comprised in a tenure is situate in an estate which has

never been permanently settled, nothing in this Act shall prevent the
enhancement of the rent upon the expiration of a temporary
settlement of the revenue, unless the right to hold beyond the term of
the settlement at a particular rate of rent has been expressly
recognised in settlement proceedings by a Revenue authority
empowered by the State Government to make definitely or confirm
settlements.
192. Power to alter rent in case of new assessment of revenue
:-

W h e n a landlord grants a lease or makes any other contract,

purporting to entitle the tenant of land not included in a area
permanently settled to hold that land free of rent or at particular rent,
and while the lease or contract is in force--
(a) land-revenue is for the first time made payable in respect of the
land, or
( b ) land-revenue having been previously payable in respect of it, a
fresh settlement of land-revenue is made,
a Revenue-Officer may, notwithstanding anything in contract between
the parties, by order, on the application of the landlord or of the
tenant, or of his own motion shall fix a fair and equitable rent for the
land in accordance with the provisions of this Act.
193. Right or pasturage, forest rights, etc :-

The provisions of this Act applicable to suits for the recovery of arrears
of rent shall, as far as may be, apply to suits for the recovery of
anything payable or deliverable in respect of any right of pasturage,
forest-rights, rights over fisheries and the like.
194. Tenant not enable by Act to violate conditions binding on
landlord :-

Where a proprietor or permanent tenure-holder holds his estate or

tenure subject to the observance of any specified rule or condition
nothing in this Act shall entitle any person occupying land within the
estate or tenure to do any act which involves a violation of that rule or
condition.
195. Savings for special enactments :-

Nothing in this Act shall affect --

(a) the power and duties of Settlement Officer as defined by any law
not expressly repealed by this Act;
(b) any enactment regulating the procedure for the realization of rent
in estates belonging to the Government, or under management of the
Court of Wards or of the Revenue authorities;
(c) any enactment relating to the avoidance of tenancies and
encumbrances by a sale for arrears of the Government revenue;
(d) any enactment relating to the partition of revenue paying estates;
(e) any enactment relating to patni tenures, in so far as it relates to
those tenures; or
(f) any other special or local law not repealed either expressly or by
necessary implication by this Act.
196. Act to be read subject to Acts hereafter passed by
Lieutenant Governor of Bengal in Council :-

This Act shall be read subject to every Act passed after its
commencement by the Lieutenant-Governor of Bengal in Council.
SCHEDULE 1
SCHEDULE

(See Section 2)
REPEAL OF ENACTMENTS.
Regulations of the Bengal Code.

Number Subject of Regulations. Extent of

and repeal.
year
1[8 of A Regulation for re-enacting with modifications and Sections 51, 52,
1793 amendments the rule for the Decennial Settlement of the 53, 54, 55, 64
public revenue payable from the lands of the zamindars, and 65.
independent Talukdars and other actual proprietors of
land in Bengal, Bihar and Orissa, passed for those
provinces respectively, on the 18th September, 1789, the
25th November, 1789, and the 10th February, 1790, and
subsequent dates.
2[12 of A Regulation for the Settlement and collection of the Section 7.
1805 public revenue in the zila of Cuttack, including the
 parganas of Pataspur, Kamardchaor and Bhograi at
present included in the zila of Midnapur.
2[5 of A Regulation for amending some of the rules at present in Sections 2, 3,
1812 force for the Collection of the land revenue. 4, 26 and 27
3[18 of A Regulation for explaining section 2, Regulation 5, 1812, The preamble
1812 and rescinding sections 3 and 4, Regulation 44, 1793, and and sections 2
sections 3 and 4, Regulation 50, 1795, and enacting other and 3.
rules in lieu thereof.
4[11 of A Regulation for declaring the rules to be observed in In clause 1 of
1825 determining claims to lands gained by alluvion or by section 4 from
dereliction of a river or the sea. and including
the words Nor if
annexed to a
subordinate
tenure to the
end of the
clause.
5[6 of An Act to amend Act 10 of 1859 (to amend the law The whole Act.
1862 relating to the recovery of rent in the Presidency of Fort
William in Bengal).
6[4 of An Act to explain and amend Act 6 of 1862 passed by the The whole Act.
1867 Lieutenant-Government of Bengal in Council, and to give
validity to certain judgments.
7[8 of An Act to amend the procedure in suits between landlords The whole Act.
1869 and tenant.
8[8 of An Act to define and limit the powers of Settlement- The whole Act.
1879 officer.
Act of the Governor-General in Council.
9[10 of An Act to amend the law relating to the recovery of rent in The whole Act
1859 the Presidency of Fort William in Bengal.

1. The Bengal Decennial Settlement Regulation, 1793.

2. The Cuttack Land-revenue Regulation, 1805. Section 7 has since
been repealed every where by the Amending Act, 1908 (1 of 1908).
3. The Bengal Lease and Land-revenue Regulation, 1812.
4. The Bengal Alluvion and Diluvion Regulation, 1825.
5. The Bengal Rent Act, 1862.
6. The Bengal Rent (Appeals) Act, 1867.
7. The Landlord and Tenant Procedure Act, 1869.
8. The Bengal Rent Settlement Act, 1879.
9. The Bengal Rent Act, 1859.
SCHEDULE 2
SCHEDULE
 FORMS OF RECEIPT AND ACCOUNT
(See sections 56 and 57)

FORM OF RECEIPT FORM OF RECEIPT

PARTICULARS OF THE HOLDING PARTICULARS OF THE HOLDING
(LANDLORDS PORTION). (TENANTS PORTION).
1. Serial number of Receipt 1. Serial number of Receipt
2. Estate .......... Village ........ Thana 2. Estate .............. Village .........
3. Tenants name ............ son of Thana
4. 1[Particulars of the Tenancy -- ] 3. Tenants name ....... son of
Nakdi, Big has; rent Rs. 4. 1[Particulars of the Tenancy -- ]
Bhaoli, Bighas; Maunds or Rs. Nakdi, Bighas; rent Rs.
Jalkar, Rs. Bhaoli, Bighas; Maunds or Rs.
Bankar, Rs. Jalkar, Rs.
Falkar, Rs. Bankar, Rs.
Government Cesses Road Cess, Rs. Falkar, Rs.
Public Works Cess, Rs. Government Cesses Road Cess, Rs.
5. Singature of the landlord or his Public Works Cess, Rs.
authorised Agent. 5. Signature of the landlord or his
authorised Agent.

FORM OF ACCOUNT.
1. Year
2. Tenants name
3. 2[Particulars of tenancy] -- (area, rent, etc.)
Rs. P.
Bighas Rate
Nukdi
Government Cesses
Bighas
Maunds
Rs. P.
Bhooli
Jalkar
Bankar
Phalkar ... ...
Maunds
Rs. P.
4. Demand of the year
5. Balance of former years (Bakaya) ...
Rs. P.
6. Total demand (current and arrear)
7. Paid each on account of Current demand
7. Paid each on account of Current demand
Arrear demand
Maunds
8. Paid in kind ...
Rs. P.
9. Balance outstanding at the end of year.
10. Signature of the Landlord or his authorised Agent.

FORM OF ACCOUNT.
1. Year
2. Tenants name
3. 2[Particulars of tenancy] -- (area, rent, etc.)
Rs. P.
Bighas Rate
Nukdi
Government Cesses
Bighas
Maunds
Rs. P.
Bhooli
Jalkar
Bankar
Phalkar ... ...
Maunds
Rs. P.
4. Demand of the year
5. Balance of former years (Bakaya) ...
Rs. P.
6. Total demand (current and arrear)
7. Paid each on account of Current demand
Arrear demand
Maunds
8. Paid in kind ...
Rs. P.
9. Balance outstanding at the end of year.
10. Signature of the Landlord or his authorised Agent.

Date of Nakdi Bhaoli Jalkar etc. Cesses Signature

pay Current Arrear Cor Arr ear Current Arr ear Cur Arr ear of the
ment on on rent on on on on rent on on land lord
and account account account account account account account account or his aut
name of kist. of year of crop. of of kist. of year of kist. of year hori sed
of kist. year. kist. kist. agent.
person crop.
through
whom
paid.
-

Date of Nakdi Bhaoli Jalkar etc. Cesses Signature

pay Current Arr ear Current Arr ear Current Arr ear Cur Arr ear of the
ment on on on on on on rent on on land lord
and account account account account account account account account or his ant
name of kist. of year of crop. of of kist. of year of kist, of year hori sed
of kist. year, kist. kist. agent.
person crop.
through
whom
paid.

1. Substituted by Act 24 of 1955.

Section 55 of the Bihar Tenancy Act, 1885. provides as follows: --
(1) When a tenant or the mortgagee of his holding or tenure or of a
portion of his holding or tenure makes a payment on account of rent,
he may declare the year or the year and instalment to which he wishes
the payment to be credited there.
(2) Notwithstanding any declaration mentioned in sub-section (1) if
there is any arrear of rent due by the tenant, the recovery of which is
not barred by the law for the time being in force as to limitation of
suits for arrears of rent, the payment may, at the option of the
landlord, be applied first to such arrears.
2. Substituted by Act 24 of 1955.
SCHEDULE 3
LIMITATION

Description of suits. Period of Time from

limitation. which
period
begins to
run.
1. To eject any tenure-holder or raiyat on account of any One year The dage of
breach of a condition in respect of which there is a the breach.
contract expressly providing that ejectment shall be the
penalty of such breach.
(a) To eject a non-occupancy-raiyat on the ground of the Six months The
expiration of the term of his lease. expiration of
the term.
(b) To eject an under-raiyat on the ground specified in One year The date of
clause (b) of section 49. the breach.
(c) To eject an under-raiyat on the ground specified in Six months The
clause (c) of section 49. expiration of
the term.
2. For the recovery of an arrear of rent.
2. For the recovery of an arrear of rent.
In a suit brought by --
(i) a sole landlord,
(ii) the entire body of landlords, or
(iii) one or more co-sharer landlords --
(a) when the arrear fell due before a deposit was made Six months The date of
under section 61 on account of the rent of the same the service of
holding; notice of the
deposit.
(b) in other cases -- Three years The last day
(i) where the rent is paid in money, 2[or where of the
the State agricultural
Government year in which
is the the arrear fell
landlord, due.
ten years]
(ii) Where the rent is paid in any of the ways specified in One year Ditto.
sub-section (1) of section 40.
3. To recover possession of land claimed by the plaintiff Two years The date of
as a landlord, 3[or a raiyat.] dispossession.
PART II-APPEALS.
4. From any decree or order under this Act, to the Court Thirty days The date of
of a District Judge or Special Judge. the decree or
order
appealed
against.
5. From any order of a Collector under this Act, to the Thirty days The date of
Commissioner. the order
appealed
against.
PART III. - APPLICATIONS 4[OR PROCEEDINGS.]
6. For the execution of a decree or order made in s suit Three years (1) The date
between landlord and tenant to whom the provisions of of the decree
this Act are applicable and not being a decree for a sum or order; or
of money exceeding Rs. 500 exclusive of any interest (2) Where
which may have accrued after decree upon the sum there has
decreed but inclusive the costs of executing such decree; been an
except where the judgment debtor has by fraud or force appeal, the
prevented the execution of the decree, in which case the date of the
period of limitation shall be governed by the provisions final decree
of the Indian Limitation Act, 1877 5[(5 of 1877)]. or order of
the Appellate
Court; or
Where there
has been a
review of
judgment, the
(3) date of
the decision
passed on the
review.
PART III. - APPLICATION [OF PROCEEDINGS]
6[7. Proceeding for restoration of possession to an Two years The date of
under-raiyat of his tenancy or any portion thereof under ejectment.]
section 48E, whether proceeding is initiated by the
Collector of his own motion or on application made by
the under-raiyat:

Provided that, in the case of an ejectment before the commencement of the Bihar
Tenancy (Second Amendment) Act, 1955, an application may be made till the 31st
December 1956 or within two years of the date of ejectment, which ever is later.]
1. The word "rent" in Sch. III, includes also money recoverable under
any enactment for the time being in force as if it was rent --see s. 3(4)
ante.
2. Inserted by Act 19 of 1955. This ceased to have effect after
31.3.1975 and Sec. 8 of the Bihar & Orissa General Clauses Act, 1917
(1 of 1917) applies thereafter vide Act V of 1970.
3. Substituted by Act 24 of 1956.
4. Inserted by Act 27 of 1950.
5. See the Indian Limitation Act, 1908 (9 of 1908).
6. Substituted by Act 27 of 1959.