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Section 36: Bar to further enhancement or reduction of rent where there is no record-ofrights

The Chota Nagpur Tenancy Act, 1908State Act of Bihar · Act 6 of 1908

(1) When the rent of an occupancy holding in any area referred to in clause (a) of Section 27 has been enhanced by order of the Deputy Commissioner passed under Section 29, such rent shall not again be enhanced for a period of fifteen years except. -

(a) by order of the Deputy Commissioner, on the ground of landlord's improvement; or

(b) by order of a Revenue Officer, passed under Chapter XII.

(2) When the rent of an occupancy holding in any such area has been reduced by order of the Deputy Commissioner under [Section 35] such rent shall not again be reduced for a period of fifteen years, except,-

(a) by order of the Deputy Commissioner on one of the grounds specified in [clauses

(c), (d) and (f) of Section 33-A], or

(b) by order of a Revenue Officer passed under Chapter XII.

Chapter V Raiyat Having khunt-katti Rights

37. Incidents of tenancy of Raiyats having khunt-katti rights - The provisions of the Act relating to occupancy-Raiyats shall apply also to Raiyat having 'khunt-katti' rights:

Provided as follows :-

(a) subject to any written contract made at the time of the commencement of his tenancy the rent payable by a Raiyat having 'khunt-katti' rights, for land in respect of which he has such rights shall not be enhanced if his tenancy of such land was created more than twenty years before the commencement of this Act; and

(b) when an order is made for the enhancement of the rent payable by a Raiyat having Khunt-kattir rights, for any land in respect of which he has such rights, the enhanced rent fixed by such order shall not exceed one-half of the rent payable by an occupancy Raiyat for land of a similar description with similar advantage in the same village.

Chapter VI Non-Occupancy Raiyats

38. Initial rent and lease of non-occupancy-Raiyat - Subject to any local custom or usage, a non-occupancy-Raiyat shall, when admitted to the occupation of land, become liable to pay such rent as may be agreed on between himself and his landlord at the time of his admission, and shall be entitled to a lease only at such rates and on such conditions as may be so agreed on.

39. Effect of acquisition by landlord of the right of a non-occupancy-Raiyat in his holding - The provisions of Section 20 shall apply in the case of the right of a nonoccupancy-Raiyat in his holding in the same way that they apply to an occupancy- Raiyat.

40. Conditions of enhancement of rent of non-occupancy-Raiyat - The rent of nonoccupancy Raiyat shall not be enhanced except by registered agreement or by agreement under Section 42.

Where this provision sits

ActThe Chota Nagpur Tenancy Act, 1908
Section36
Marginal noteBar to further enhancement or reduction of rent where there is no record-ofrights
JurisdictionState of Bihar
StatusIn force as published by the source

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