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Section 83: Preliminary publication, amendment and final publication of record-of-rights

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

(1) When a draft record-of-rights has been prepared under this Chapter, the Revenue Officer shall publish the draft in the prescribed manner and for the prescribed period and shall receive and consider any objections which may be made to any entry therein, or to any omissions therefrom, during the period of publication.

(2) When such objections have been considered and disposed of in the prescribed manner, the Revenue Officer shall finally frame the record, and shall cause it to be finally published in the prescribed manner, and the publication shall be conclusive evidence that the record has been duly made under this Chapter.

(3) Separate draft or final records may be published under sub-section (1) or subsection (2) for different local areas, estates, tenures or parts thereof.

84. Presumptions as to final publication and correctness of record-of-rights - (1) In any suit or other proceedings in which a record-of-rights prepared and published under this Chapter or a duly certified copy thereof or extract therefrom is produced, such record-of-rights shall be presumed to have bean finally published unless such publication is expressly denied and a certificate, signed by the Revenue Officer, or by the Deputy Commissioner of any district in which its local area, estate or tenure or part thereof to which the record-of-rights relates is wholly or partly situate, stating that the record-of-rights has been finally published, under this Chapter shall be conclusive evidence of such publication.

(2) The [State] Government may, by notification, declare with regard to any specified area, that a record-of-rights has been finally published for every village included in that area; and such notification shall be conclusive evidence of such publication.

(3) Every entry in a record-of-rights so published shall be evidence of the matter referred to in such entry and shall be presumed to be correct until it is proved, .by evidence, to be incorrect.

85. Settlement of fair rent - (1) In every area in respect of which a survey [is being or has been made] and a record-of-rights [is being or has been prepared] under Section 80, the Revenue Officer may settle fair rents in respect of any land held by a tenant.

(2) Settlements of rents may be made under sub-section (1) either,-

(i) on the application of any landlord or tenant, or

(ii) without such application, if the [State] Government so directs.

[Explanation. - A superior landlord may apply for a settlement of rents, notwithstanding that his estate or tenure or part thereof is held by a temporary lessee or by a tenant, who holds on a rent which varies with the rent payable by the Raiyats under him.]

(3) Such settlements shall ordinarily be made after the final publication of the record-ofrights, and shall not in any case be made on the application of a landlord or tenant after such final publication, unless such application be made within [three] months from the date of the certificate of such final publication; but may in any case be made before such publication,-

(a) with the consent of the parties concerned, or

(b) if the Revenue Officer considers that, that course would, in the circumstance, be advisable.

(4) Whenever a settlement of rents [is made under this Section] reasonable notice shall first be given to the parties concerned, and an appeal shall lie, in the prescribed manner and to the prescribed officer, from such settlement.

(5) For the purpose of settling rents under this Section, the Revenue Officer shall have regard to such rules as may be made in this behalf under Section 264.

Where this provision sits

ActThe Chota Nagpur Tenancy Act, 1908
Section83
Marginal notePreliminary publication, amendment and final publication of record-of-rights
JurisdictionState of Bihar
StatusIn force as published by the source

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