(1) A privi leged raiyat hold ing lan d on pay - Commutament of “bhog" or re nd er ng service in addition to tio n of bhog paying cash ren t at h a lf the revenue ra te or, if the or serv ice.
raiyat has babit ua ly de faul ted in the paym ent of his customary ren t or the r rd er ing of oust ma ry service, the land lord of such raiyat, may app ly to the Re venue Court to have the pay ment of “bhog" or the com bined cash rent and service com muted to ren t at the revenue rate . Th e Court sha ll, on receip t of such app lica tion, issue notice on the landlo rd or the raiyat fas the case may be) and , on hea ring wh at he has to say, pass orde rs allowing or rejecting t he app lication.
(2) Before allowing or rejec ting such app lica tions the Co urt shall have reg ard to—
(t) the pur pose for which the ten anc y was ori gina lly gran ted,
(it) the e xten t to which that purp ose has been achieved under existing conditions , (t it ) the period for which the ten anc y has been in existence , (it») the exten t to which the proposed com mu tat ion will inte rfere with the purpose for which the tenanc y was created, (») whether in respect of any lan d in the estate concerned the land lord has acc ept ed com mu tat ion of ren t in the past an 1 if so un der wh at circumstances , and
(at) any o the r circums tanc e wh ich, in the opin ion of the Co urt , is calcul ate d to affect adverse ly or favourably the inte rest s o f the land lord or of the ten an t in respect of such land.
7 .( 1) A privileged raiyat may use the land in Rights in his hold ing in any ma nner which does no t materia lly respec t of use impair the valu e of the land or tend er it unfit for the ll n c I a n fl purposes of th e ten ancy. ,n tr ces-
(2) Sub jec t to the provisions of sub-section (1), a privi leged raiyat shal l be en titl ed—
(t) to pl an t, 16 (») to enjoy the flowers, fruits and other pro duc ts of,
(iii) to fell, and
(tv) to utilise and dispose of the tim ber of, any tree on such lan d; prov ided that in doing so he does not con trav ene the provisions of any law :
Prov ided fur the r th at he shall not be enti tled withou t the landlo rd’s consent in writin g to fell, utilise or dispose of th e tim ber of any tree which stood on the holding before the crea tion of the tena nc y When the tena ncy is over 20 years o ld, all trees sta nding on the land shall be presumed, un til the contr ary is prov ed, to have been plante d or to have b egun to grow during the tenancy.
Obligation g. priv ileged raiyat shal l pay ren t for his hold ing to pay ren t. a l t j,e cus tomary ra te and if the se rvice, if any , to be render ed by him or paym ent of “bhog” to be made by him, be com muted , then at the revenue rate.
Protect ion 9. A privileged raiyat shall not be ejected by his from cvic- ia n t Ho r d from his holding except in execution of a decree for ejectm ent passed on the gro und th at he has used the land comprised in his hold ing in a ma n ner w hich renders it unfit for the purpo ses of the ten ancy.
Devolution 1®* a p ri v il eg ed raiyat d ies inte sta te in respect of on dea th. his hold ing, it shal l, sub ject to any custom to the contr ary , descend in the same ma nner as oth er im movable pr op er ty :
Prov ided that in any case in which under the law of inh eri tan ce to which the raiyat is subject his oth er proper ty goes to the [Govern me nt] 1 , his rig ht in the hold ing shall be extinguished.
Right of 11 A privileged laiyat shall hav e an unre stric ted transfer. righ t of transfer in respect of his holding , bu t no transfer shall be bin din g on the landlo rd until a writ ten notice the reo f has been given to the lan dlo rd :
Prov ided that the rig ht of a priv ileged raiyat hold ing under a religious ins titu tion such as a temple, Sat ra or ntosque shal l be rest ricted to transf er to pe r sons belo ngin g to the same relig ion as the inst itu tion • n wh ich the ownersh ip of the l an d is ve ste d. ]2 R . h [ o(. 12. A priv ileged raiyat shall have a right of subletsub lett ing . ’ t ing his h old ing or any pa rt of it to persons to whom he could valid ly transfer it under sec tion 11.
1. Subs tituted by A. O. 1950 for “Crown” .
2. Sub stitu ted by Assam Act XXVII of 1953.
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