All 'Mundarikhunt-kattidari' tenancies shall be so described in any record-of-rights prepared under Chapter XII.
251. Bar to suits under Section 87 - No suit shall be entertained under Section 87 for the decision of any dispute regarding any entry relating to a 'Mundari khunt-kattidari tenancy in a record-of-rights.
252. Decisions of disputes regarding entries or omissions in record-of-rights - (1) At any time within three months from the date of the certificate of the final publication of the record-of-rights under this Act, or under any law in force before the commencement of this Act, a suit may be instituted before a Revenue Officer, for the decision of any dispute regarding any entry of a 'Mundari-khunt-kattidari tenancy or the incidents thereof in the record, or regarding any omission to enter such a tenancy or any incident thereof in the record, and the Revenue Officer shall hear and decide the dispute.
(2) In all such suits, the Revenue Officer shall, subject to any rules made in this behalf under Section 264, adopt the procedure laid down in Chapter XVI for the trial of suits before the Deputy Commissioner.
253. Appeal against such decisions - An appeal shall lie, in the prescribed manner and to the prescribed Officer, from any decision of a Revenue Officer under Section
252.
254. Entry of decision in record-of-rights - Whenever a suit instituted under Section 252 has been finally decided, a note of the decision shall be made in the record-ofrights, as finally published, by the Revenue Officer referred to in that Section; and such note shall be considered as part of the record.
255. In preparing record-of-rights, judgements, etc., in suits not to be taken as evidence that tenancies are or are not Mundari Khunt-kattidari tenancies - When an order has been issued under Section 80 of this Act, or under Section 101 of the Bengal Tenancy Act, 1885 (8 of 1885)1 in respect of any local area, estate, tenure or part thereof, no judgement, decree or order in any suit instituted thereafter shall be taken as evidence, in any inquiry made by a Revenue Officer engaged in the preparation of a record-of-rights for such area, estate, tenure or part, under Chapter XII of this Act or under Chapter X of the said Bengal Tenancy Act, 1885 (8 of 1885)1, respecting any claim that any tenancy within that area, estate, tenure or part is not a 'Mundari-khunt-kattidari tenancy.
256. Record-of-rights to be conclusive evidence on the question whether a tenancy is a 'Mundari-khunt-kattidar' tenancy - [(1) Where a record-of-rights has been finally published under Section 83 of this Act or under sub-section (2) of Section 103-A of the [Bengal Tenancy Act, 1885 (8 of 1885)] or amended under Section 254 of this Act, the entries therein relating to 'Mundari-khunt-kattidari tenancies shall be conclusive evidence of the nature and incidents of such tenancies and of all particulars recorded in such entries, and, if any tenancy in the area, estate or tenure for which the record-of-rights was prepared has not been recorded therein as a 'Mundari-khuntkattidari tenancy, no evidence shall be received in any Court to show that such tenancy is a 'Mundari-khunt-kattidari tenancy.]
[(2) Where in the record-of-rights finally published under sub-section (2) of Section 103- A of the Bengal Tenancy Act, 1885 [(8 of 1885)] for a village in the Estate of Porahat in the district of Singhbhum a tenant of the village has been recorded as a 'Mundari-khuntkattidari, all land which he held at the date of final publication, shall be deemed to have been recorded in the record-of-rights as his 'Mundari khunt-kattidari, tenancy.]
Chapter XIX Supplemental Provisions Joint Landlords
257. Joint Landlords - When two or more persons are joint landlords anything which a landlord is under this Act, required or authorised to do must be done by both or all those persons acting together, or by an agent authorised to act on behalf of both or all of them.
Bar to suits [and finality of decisions in certain cases]
258. Bar to suits in certain cases - Save as expressly provided in this Act, no suit shall be entertained in any Court to vary, modify or set aside, either directly or indirectly, any [decision], order or decree of any Deputy Commissioner or Revenue Officer in any suit, [application] or proceeding under Section 20, Section 32, Section 35, Section 42, Section 46, sub-section (4), Section 49, Section 50, Section 54, Section 61, Section 63, Section 65, Section 73 [Section 74-A)], Section 75, Section 85, Section 86, Section 87, Section 89, [* * *] or Section 91 (Proviso), or under Chapter XII, XIV, XV, XVI, or XVIII, except on the ground of fraud or want of jurisdiction [and every such decision, order or decree 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 this Act relating to appeal, shall be final].
Process
259. Mode of Service - Every notice, summons or other process under this Act required to be served on any person shall be served in the prescribed manner.
260. Authentication and payment of costs - Every process issued by a Deputy Commissioner or Revenue Officer under this Act shall bear his seal and signature, and the cost of serving the same shall be paid by such person and in such manner as may be prescribed.
Costs [261. Costs in suits and applications. - The provisions of Section 35 of the Code of Civil Procedure, 1908 (5 of 1908) and of sub-rules (2) and (3) of Rule 6 of Order XX of the First Schedule to the said Code shall apply to all suits, applications and proceedings under this Act.]
262. Deposit of cost of proceedings to be incurred by the Government - (1) A Revenue Officer or Deputy Commissioner may, subject to any directions given by the [State] Government, require any plaintiff or applicant to deposit in advance the whole or any part of the estimated amount of the expenses to be incurred by the Government in any proceeding under this Act.
(2) If the amount so deposited by any person exceeds the sum finally made payable by him as costs, the excess shall be refunded to him when the proceedings are completed.
Production of witnesses and documents
263. Production of witnesses and documents - For the purposes of any inquiry under this Act, any Deputy Commissioner or Revenue Officer shall have power to summon and enforce the attendance of witnesses and compel the production of documents in the same manner as is provided in the case of a Court by the Code of Civil Procedure, [1908 (5 of 1908).]
Rules and notifications
264. Power to make rules to carry out objects of Act - (1) The [State] Government may make [Rules], to carry out the object of this Act.
(2) In particular and without prejudice to the generality of sub-section (1), the [State] Government may make Rules,- [(i) to prescribe the particulars to be contained in the notice, and the period within which the landlord may make the application under sub-section (1) of Section 13;]
(ia) to prescribe the particulars to be specified in pursuance of clause (a) of sub-section
(1) of Section 28, in applications for enhancement of the rent of occupancy holdings;
(ii) to limit the enhancement of the rent of occupancy holdings under Section 29;
(iii) to prescribe particulars to be specified, in pursuance of clause (j) of Section 31, in applications for increase of rent in respect of increase in the area of land held by occupancy-Raiyat,
(iv) to prescribe particulars to be specified, in pursuance of clause (h) of Section 34 applications for the reduction of rent paid by occupancy-Raiyats;
[(iva) to prescribe the particulars of remittances to be entered in the register to be maintained under sub-section (2) of Section 53 and the manner in which the deposit shall be paid to the payer or the payee;]
(v) to prescribe the manner in which the possession of land should be given under Section 46, sub-section (4), Section 50, sub-section (2), Section 71 or Section 73, subsection (3);
(vi) to prescribe the manner in which landlords shall send notices to the Deputy Commissioner under Section 73, sub-section (2);
(vii) to prescribe the manner in which rents shall be settled under Section 85;
(viii) to prescribe the officer to whom and the manner in which appeals shall lie from orders or decisions passed by Revenue Officer under Section 61, Section 85, Section 87, Section 89, Chapter XIII, Chapter XIV, Chapter XV or Section 252;
(ix) to regulate the transfer of cases to Civil Courts under the First Proviso to Section 87 [and the proviso to Section 139;
(x) to prescribe the manner in which record-of-rights shall be revised in pursuance of a direction given under Section 98;]
(xi) to declare the restrictions or modifications (if any) subject to which the provisions of Chapter XII shall apply to the revision of record-of-rights of the settlement of rents in pursuance of a direction given under Section 98;
(xii) to prescribe particulars to be contained in a record prepared under Section 106;
(xiii) to prescribe the form of statements to be prepared under Section 111, clause (1);
(xiv) to prescribe the manner in which copies of entries in records prepared under Chapter XV shall be served under Section 129;
(xv) to regulate the exercise of the right conferred by Section 140 to bring collective suits or make collective applications;
(xvi) to prescribe the Court by which decrees or orders passed by a Deputy Commissioner under this Act may be executed;
(xvii) to prescribe the form of applications for the execution of decrees or orders passed by a Deputy Commissioner under this Act;
(xviii) to prescribe the manner of executing decrees or orders referred in Section 195;
(xix) to prescribe the manner of dealing with sale-proceeds under Section 205, subsection (2);
(xx) to prescribe the manner of service of notices, summons and other processes, and of publication of notices, issued under this Act;
(xxi) to declare by what person and in which manner the cost of serving processes issued by a Deputy Commissioner or Revenue Officer under this Act shall be paid;
(xxii) to regulate the procedure to be followed by Revenue Officer in the discharge of any duty imposed upon them by or under this Act, and may, by such rules, confer upon any such officer,-
(a) any power exercised by a Civil Court in the trial of suits;
(b) 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 (Bengal Act 5 of 1875); and
(c) power to cut and thresh the crops on any land and weigh the produce, with a view to estimating the capabilities of the soil;
[(xxiii) to prescribe the forms to be used under this Act;]
(xxiv) to prescribe the procedure to be followed and the information to be given by any party or applicant in any proceeding under this Act;
[(xxv) to prescribe any other matter by this Act required, or expressly or impliedly authorised, to be prescribed.]
265. Power to make Rules to procedure, on application of the Code of Civil Procedure - (1) The [State] Government may [* * *] make [rule] for regulating the procedure of the Deputy Commissioner in matters under this Act for which a procedure is not provided hereby; and may, by any such rule, direct that any provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall apply, with or without modification, to all or any classes of cases before the Deputy Commissioner.
(2) When any provision of the said Code is applied by such rules, the rules may further declare that any provision of this Act which is superseded by, or inconsistent with, any provision so applied shall be deemed to be repealed.
(3) Until rules are made under sub-section (1), and subject to those rules when made and to other provisions of this Act, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) [* * *].
[* * *] shall, so for as may be, and insofar as they are not inconsistent with this Act, apply to all suits, appeals and proceedings before the Deputy Commissioner under this Act and to all appeals from decisions passed in such suits or proceedings.
266. Publication of Rules in draft - (1) All powers conferred by this Act for making rules are subject to the condition that the rules be made after previous publication.
(2) Sub-section (1) shall not apply to any rules made and published in the [Official Gazette] within a period of two months from the commencement of this Act but all rules so made and published shall be re-issued, after previous publication, and with such amendments (if any) as the [State] Government may consider necessary, within a period of one year from such commencement.
267. Publication and effect of rules and notification - All rules made and notifications issued, under this Act shall be published in the [* * *] [Official Gazette], and on such publication shall have effect as if enacted in this Act.
Recovery of Dues
268. Recovery of dues - (1) Costs and interest awarded under this Act in rent suits [* * * *] shall be recoverable as if they were arrears of rent.
(2) All costs [and interests] not referred to in sub-section (1) [and a damage compensation], fines and penalties, awarded or imposed under this Act, shall be recoverable in the manner provided in Chapter XVI for the recovery of money (not being arrears of rent) due under a decree.
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