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Section 41: Grounds on which non-occupancy Raiyat may be rejected - 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

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

(a) on the ground that he has failed to pay an arrear of rent [for two agricultural years within ninety days after the commencement of the third agricultural year;]

(b) on the ground that he has used the land comprised in his holding in a manner which is not authorised by local custom or usage or which materially impairs the value of the land or renders it unfit for the purposes of the tenancy;

(c) on the ground that he has broken a condition consistent with this Act, on breach of which he is, under the terms of a contract between himself and his landlord, liable to be rejected;

(d) where he has been admitted to occupation of the land under a registered lease, on the ground that the terms of the lease has expired;

(e) on the ground that he has refused to agree to pay a fair and equitable rent determined under Section 42, or that the term for which he is entitled to hold at such a rent has expired.

42. Conditions of ejectment on ground of refusal to agree to pay a fair and equitable rent - (1) A suit for ejectment on the ground of refusal to agree to pay a fair and equitable rent shall not be instituted against a non-occupancy Raiyat unless the landlord has tendered to the Raiyat an agreement to pay the rent which he demands and the Raiyat has within six 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 shall file it in the office of the Deputy Commissioner for service on the Raiyat.]

(3) When an agreement has been filed under [* * *] sub-section (2), the Deputy Commissioner shall forthwith cause it to be served on Raiyat in the manner prescribed under Section 264 for the service of notices.

(4) When an agreement has been served on a Raiyat under sub-section (3) [* * *] the agreement shall, for the purposes of this Section, be deemed to have been tendered.

(5) If a Raiyat on whom an agreement has been served under sub-section (3) [* * *] executes it, and within one month from the date of receipt files it in the office of the Deputy Commissioner, it shall take effect from the commencement of the agricultural year next following.

(6) When an agreement has been executed and filed by Raiyat under subsection (5), the Deputy Commissioner shall forthwith cause a notice of its being so executed and filed to be served on the landlord.

(7) If the Raiyat does not execute the agreement and files it under sub-section (5), he shall be deemed, for the purposes of this section to have refused to execute it.

(8) 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 Deputy Commissioner shall determine what rent is fair and requitable for the holding.

(9) 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 on the second ground mentioned in clause (e) of Section 41, unless he has acquired a right of occupancy.

(10) If the Raiyat does not agree to pay the rent so determined, the Deputy Commissioner shall pass a decree for ejectment.

(11) In determining what rent is fair and equitable, the Deputy Commissioner shall have regard to the rents generally paid by non-occupancy Raiyat for land of a similar description and with like advantages in the same village and (if the Deputy Commissioner thinks fit) in adjoining villages.

Chapter VII Lands Exempted From Chapters IV and VI

43. Bar to acquisition of right of occupancy in, and to application of Chapter VI to landlords' privileged lands and certain other lands - Notwithstanding anything contained in Chapter IV, a right of occupancy shall not be acquired in, nor shall anything contained in Chapter VI [or in Sections 64 to 66] apply to-

(a) landlord's privileged lands referred to in clause (a) of Section 118, when they are held by a tenant on a registered lease for a term [exceeding one year or on a lease, written or oral, for a period of one year or less], or

(b) landlords' privileged lands referred to in clause (b) of Section 118, or

(c) land acquired under the Land Acquisition Act, 1894 (1 of 1894) for [any Government] or any local authority or Railway Company or land belonging to the [Government] within a cantonment while such land remains the property of the [Government] or of any local authority or Railway Company, [or] [(d) 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 of 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 acquired for the repair or maintenance of the same while such land continues to be so used or required.]

Chapter VII-A [* * *] Chapter VIII Leases and Transfers of Holdings and Tenures

Where this provision sits

ActThe Chota Nagpur Tenancy Act, 1908
Section41
Marginal noteGrounds on which non-occupancy Raiyat may be rejected - 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
JurisdictionState of Bihar
StatusIn force as published by the source

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