If any land is transferred in contravention of Section 46 or any other provision of this Act or by fraudulent method and is held or cultivated by any person with the knowledge of such transfer, he shall be punished with imprisonment of either description for a term which may extend to 3 years or with fine which may extend to one thousand rupees or with both and, in the case of a continuing offence, to a further fine not exceeding fifty rupees for each day during which the offence continues.
Surrender and Abandonment
72. Surrender of land by Raiyat - (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 [with the previous sanction of the Deputy Commissioner in writing].
(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 four months before he surrenders, notice of his intention to surrender.
(3) The Raiyat may, if he thinks fit, cause the notice to be served through the Court of the Deputy Commissioner within whose jurisdiction the holding or any portion of it is situate.
(4) When a Raiyat has surrendered his holding the landlord may enter on the holding and either let it to another tenant or to take it into cultivation himself.
(5) 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 [with the previous sanction of the Deputy Commissioner in writing.]
73. Abandonment of land by Raiyat - (1) If a Raiyat voluntarily abandons the land held or cultivated by him, without notice to the landlord and ceases either himself or through any other person to cultivate the land and to pay his rent as it falls due, the landlord may at any time after the expiration of the agricultural year in which the Raiyat so abandons and ceases to cultivate, enter on the holding and let it to another tenant or take into cultivation himself.
(2) Before a landlord enters under this Section, he shall send a notice to the Deputy Commissioner in the prescribed manner, stating that he has treated the holding as abandoned and is about to enter on it accordingly; and the Deputy Commissioner shall cause a notice of the fact to be published in the prescribed manner 1[and if an objection is preferred to him within one month of the date of publication of the notice shall make a summary inquiry and shall decide whether the landlord is entitled under sub-section (1) to enter on the holding. The landlord shall not enter on the holding unless and until such objection has been decided in his favour, or if no objection is preferred, until the expiration of one month from the date of publication of the notice.
(3) When a landlord enters under this Section, the Raiyat shall be entitled to apply to the Deputy Commissioner for the recovery of possession of the land at any time not later than the expiration of three years in the case of an occupancy-Raiyat or in the case of a non-occupancy Raiyat one year, from the date of the publication of the notice; and thereupon, the Deputy Commissioner may on being satisfied that the Raiyat did not voluntarily abandon his holding, restore him to possession in the prescribed manner on such terms (if any) with respect to compensation to person injured and payment of arrears of rent as to the Deputy Commissioner may seem just.
Continuance of occupation
74. Effect of lease purporting to admit to occupation after occupation has commenced - Where a tenure-holder, village headman or Raiyat has been in occupation of a tenure or holding, and a lease is executed with a view to the continuance of such occupation, he shall not be deemed to be admitted to occupation by that lease, notwithstanding that the lease may purport to admit him for occupation.
[74A. Determination of person to be village headman when tenancy is vacant. - (1) When a tenancy which, in accordance with custom, is held by a village headman, has for any reason been vacated, any three or more tenants holding land within the said tenancy or the landlord, may apply to the Deputy Commissioner to determine the person, who, in accordance with custom should be village headman entitled to hold the tenancy.
(2) Such application may be made notwithstanding that a person is in possession of the land of the tenancy, or part thereof under the authority or with the consent of the landlord.
(3) On receiving such application, the Deputy Commissioner shall, after giving notice in the prescribed manner to the landlord, the person, if any, referred to in subsection (2), the heirs of the last village-headman, the tenants and such other persons, if any, as he considers should be parties to the proceeding, make such inquiry as appears necessary, and determine the person, who, in accordance with customs, Should be village-headman entitled to hold the tenancy, and shall place such person in possession of the tenancy, if such person is not already in possession thereof.
(4) In every such inquiry, the Deputy Commissioner shall have regard to the entries in a record-of-rights finally published under this Act or under any law in force before the commencement of this Act, and to the suitability of a person in respect of tribe or caste, membership of the village family, or of the latter village headman's family if it be not the village family, residence, character and other matter to be the village headman of the particular village or group of villages comprised in the tenancy.
(5) No suit or application shall be entertained in any Court concerning any matter which is the subject of an application under sub-section (1), or which has been determined under sub-section (3) except a title suit in the Civil Court, instituted within one year from the date of the order passed by the Deputy Commissioner under sub-section (3) to establish the right of the plaintiff to succeed for the tenancy and to recover possession thereof from the person determined by Deputy Commissioner to be the village-headman entitled to hold the tenancy.
(6) No application shall be made under sub-section (1) concerning a matter which is substantially in issue or has been substantially in issue and has been determined, in a suit instituted under the provisions of sub-section (6) of Section 139.]
Measurements
75. Measurements of land - (1) Every landlord of an estate, tenure or 'Mundari khuntkattidari tenancy' shall have a right to make a general survey or measurement of the lands comprised in such estate, tenure or tenancy, unless restrained from doing so by express engagement with the occupants of the lands.
(2) If any landlord intending to measure any land which he has right to measure is opposed in making such measurement by the occupant of the land, or if any tenant having received notice of the intended measurement of land held or cultivated by him, which is liable to such measurement refuses to attend and point out such land, the landlord may present an application to the Deputy Commissioner.
(3) On receipt of such application, the Deputy Commissioner shall, after taking such evidence and making such inquiry as he considers necessary pass an order either allowing or disallowing the measurement, and, if the case so requires, enjoining or excusing the attendance of any tenant.
(4) If any tenant, after the issue of an order enjoining his attendance, refuses or neglects to attend, any 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.
Chapter XI Customs and Contract