(a) whether the land is or is not liable to the payment of rent;
(b) whether the land although entered in the record-of-rights as being held rent-free, is liable to the payment of rent;
(c) whether the relation of landlord and tenant exists;
(d) whether the land has been wrongly recorded as part of a particular estate or tenancy or wrongly omitted from the lands of an estate or tenancy;
(e) whether the tenant belongs to a class different from that to which he is shown in the record-of-rights as belonging; or
(f) whether the special conditions and incidents of the tenancy, or any easement attaching to the land, have not or has not been recorded or have or has been wrongly recorded, the Revenue Officers shall try and decide such issue and settle the rent under Section 85 accordingly.
87. Institution of suits before Revenue Officer - (1) In proceedings under this Chapter a suit may be instituted before a Revenue Officer, at any time within three months from the date of the certificate for the final publication of the record-of-rights under sub-section (2) of Section 83 of the decision of any dispute regarding any entry which a Revenue Officer has made in, or any omission which he has made from the record [except an entry of a fair rent settled under the provisions of Section 85 before the final publication of the record-of-rights] whether such dispute be,-
(a) between the landlord and tenant, or
(b) between landlords of the same or of neighbouring estate, or
(c) between tenant and tenant, or
(d) as to whether the relationship of landlord and tenant exists, or
(e) as to whether land held rent-free is properly so held, or [(ee) as to any question relating to the title in land or to any interest in land as between the parties to the suit; or]
(f) as to any other matter;
and the Revenue Officer shall hear and decide the dispute :
Provided that the Revenue Officer may, subject to such rules as may be made in this behalf under Section 264, transfer any particular case or class of cases to a competent Civil Court for trial:
Provided also that in any suit under this Section, the Revenue Officer shall not try any issue which has been, or is already, directly and substantially in issue between the same parties or between parties under whom they or any of them claim, in proceedings for the settlement of rent under this Chapter, where such issue has been tried and decided, or is already being tried, by a Revenue Officer under Section 86 in proceedings instituted after the final publication of the record-of-rights.
(2) An appeal shall lie, in the prescribed manner and to the prescribed Officer from decisions under sub-section (1) [and a second appeal to the High Court shall lie from any decision on appeal of such Officer as if such decision were an appellate-decree passed by the Judicial Commissioner under Chapter XVI.]
[87A. Under-tenant to be made party in certain proceedings and suits. - When in a proceeding for the settlement of rents under Section 85 or in a suit under Section 87 the status of a tenant is in issue, the Revenue Officer shall direct that every person holding directly or indirectly under such tenant, whose interest may be affected by the decision of the issue, shall if he is not already a party to the proceeding or the suit, as the case may be, be joined as a party.]
88. Entry in record-of-rights of rents settled and decisions made - A note of all rents settled under Section 85, and of all decisions under sub-section (1) and decisions on appeal under sub-section (2) of Section 87 shall be made in the record-of-rights as finally published under Section 83 and such note shall be considered as part of the record.
89. Revision by Revenue Officer - (1) Any Revenue Officer specially empowered by the [State] Government in this behalf may on application or on his own motion within twelve months from the making of any [entry in the draft record-of-rights or of any] order or decision under Section 83, Section 85 or Section 86, revise the same, whether it was made by himself or by any other Revenue Officer, but not so as to affect any order passed under Section 87 or any order passed in appeal under Section 85, sub-section
(4):
Provided that no such order or decision shall be so revised if a suit or an appeal in respect thereof is pending under Section 85, sub-section (4) of Section 87 until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
(2) An appeal shall lie, in the prescribed manner and to the prescribed Officer, from any order passed under sub-section (1).
[90. Correction by Deputy Commissioner or Revenue Officer of mistake in recordof-rights. - in case of discovery of bona fide or material error in record-of-rights within five years from the date of the certificate of its final publication under sub-section (2) of Section 83, the Deputy Commissioner or any Revenue Officer specially empowered by the State Government in this behalf may, on his own motion, or on application made to him within the said period, after holding an inquiry in the prescribed manner, by order in writing, direct that such error shall be corrected in the mariner specified in the order:
Provided that no such correction shall be made,-
(i) until reasonable notice has been given to the parties concerned to appear and be heard in the matter;
(ii) if a suit under Section 87, clause (8) of Section 111 or Section 252, or, an appeal under clause (10) of Section 111 or Section 253, affecting such an entry is pending.]
91. Stay of certain proceedings before Deputy Commissioner or Civil Court when order made for preparation of record-of-rights - (1) When an order has been made under Section 87, or under any law in force before the commencement of this Act, directing the preparation of a record-of-rights, then notwithstanding anything contained in the foregoing Sections of this Chapter, no Deputy Commissioner or Civil Court shall, until six months after the final publication of the record-of-rights, entertain any suit or application (not being an application under the Code of Criminal Procedure, 1898 [(5 of 1898)]:
(a) in which there is an issue, either directly or indirectly the [existence, non-existence, nature or extent] in the area to which the record-of-rights applies, of any right referred to in clause (n) of Section 81, [or for the determination, assessment or alteration of the sum payable by any person in respect of such right]; or
(b) for the alteration of the rent or the determination of the status of any tenant in such area :
Provided that if any person considers himself aggrieved by any act of waste or damage committed by any other person in respect of any waste land or jungle-land during the period within which suits and applications are prohibited by this Section he may apply to the Deputy Commissioner, who may, after such inquiry as he thinks fit, by written order, prohibit the continuance of such waste or damage.
(2) The period during which the institution of a suit or the making of an application has been delayed by sub-section (1) shall be excluded in computing the period of limitation provided for such suit or application.
92. Bar to jurisdiction of Courts in matters relating to record-of-rights - No suit shall be brought in any Court in respect of any order directing the preparation of a record-of-rights under this Chapter, or in respect of the framing publication, signing or attestation of such a record or of any part of it.
93. Stay of certain proceedings before Deputy Commissioner or Civil Court when record-of-rights finally published - (1) When a record-of-rights in respect of any land has been prepared under this Chapter, and finally published, no application or suit affecting any such land or any tenant thereof shall, within six months from the date of the certificate of final publication of such record-of-rights, be made or instituted before the Deputy Commissioner or in any Civil Court for the decision of any of the following issues, namely -
(a) whether the relation of landlord and tenants exists;
(b) whether the land is part of a particular estate or tenancy;
(c) whether there is any special condition or incident of the tenancy; or
(d) whether any easement attaches to the land.
(2) If before the final publication of the record-of-rights in such area, a suit involving the decision of any of the issues mentioned in sub-section (1) has been instituted before the Deputy Commissioner or in a Civil Court, the Revenue Officer shall not entertain any suit under Section 87 involving the decision of the same issue.
(3) Where the making of an application or the institution of a suit has been delayed by sub-section (1), the period of six months therein mentioned shall be excluded in computing the period of limitation provided for such suit or application.
94. Period for which rents entered in the record-of-rights are to remain unaltered -
(1) When the rent of an occupancy holding is entered in a record-of-rights which has been prepared and finally published under this Chapter or any law in force before the commencement of the Act [or has been reduced under this Chapter] then subject to the provisions of Sections [85], 87, 89 and 90 such rent shall not, except on the ground of a landlord's improvement, be enhanced for a period,-
(a) fifteen years after the final publication of the record-of-rights when such publication was made after the commencement of this Act, or
(b) seven years after the final publication of the record-of-rights when such publication was made before the commencement of this Act;
and such rent shall not be reduced within the said period respectively, save on the ground of alteration in the area of the holding or [under Section 33-A];
and no demand for rent in respect of an occupancy holding in excess of the amount entered in the said record-of-rights, shall be enforceable, save as provided in this Chapter or in Section 32 [or, where proceedings by way of appeal or revision were pending on the date of final publication of the record-of-rights, save in accordance with the decision in such proceedings or, in any appeal preferred therefrom]:
Provided that in any area in respect of which a record-of-rights has been finally published before the commencement of this Act, a Revenue Officer may on the application of any landlord, made within two years from the commencement of this Act, assess a fair rent on lands which are included in a holding and are assessable with rent but for which no rent has been paid or has been entered as payable in the record-orrights.
(2) The periods of fifteen years and seven years mentioned in clauses (a) and (b) of sub-section (1) shall be counted from the date of the final publication of the record-ofrights.
95. Expenses of proceedings under this Chapter - (1) When the preparation of a record-of-rights has been directed or undertaken under this Chapter, the expenses incurred in carrying out the provisions of this Chapter in any local area, estate, tenure or part thereof (including expenses that may be incurred at any time, whether before or after the preparation of the record-of-rights, in the maintenance, repair or restoration of boundary marks and other survey marks erected for the purpose of carrying out the provision of this Chapter), or such part of those expenses as the [State] Government, may direct, shall be defrayed by the landlords, tenants and occupants of land in the local area, estate, tenure or part, in such proportions and in such instalment (if any), as the [State] Government, having regard to all the circumstances may determine.
(2) The cost of preparing copies of survey maps and extracts from record-of-rights under this Chapter for distribution to landlords, and tenants shall be deemed to be part of the expenses incurred in carrying out the provisions of this Chapter.
(3) The estimated amount of the expenses likely to be incurred for the maintenance, repair or restoration of boundary-marks for a period not exceeding fifteen years or such part of such amount as the [State] Government may direct, may be recovered in advance in the same manner as if such expenses had been already incurred.
(4) The portion of the expenses referred to in the foregoing provisions of this Section which any person is liable to pay shall be recoverable by the [State] Government as if it were an arrear of land-revenue due in respect of the said local area, estate, tenure or part.
Explanation. - The word "tenure" in this Section includes all revenue-free and rent-free tenures and holdings within a local area, estate or tenure.
96. Power of Revenue Officer to give effect to agreement or compromise - In framing a record-of-rights, and in deciding disputes under this Chapter the Revenue Officer shall give effect to any lawful agreement or compromise made or entered into by any landlord and his tenant :
Provided as follows :-
(a) the Revenue Officer shall not give effect to any agreement or compromise and terms of which, if they were embodied in a contract could not be enforced under this Act; and
(b) where the terms of any agreement or compromise are such as might unfairly or inequitably affect the right of third parties, the Revenue Officer shall not give effect to such agreement or compromise unless and until he is satisfied by evidence that the statements made by the parties thereto are correct.
97. Date from which settled rent takes effect - When a rent is settled by Revenue Officer under this Chapter, it shall take effect from the beginning of the agricultural year next after the date of the decision finally fixing the rent.
98. Revision of record-of-rights, and new settlement of rents, under orders of State Government - (1) The [State] Government may at any time, either of its own motion or on the application of any landlord or tenant, direct that any record-of-rights which has been finally published under this Act or under any law in force before the commencement of this Act, or any portion of any such record-of-rights, be revised, in the prescribed manner, but not so as to affect any rent entered therein.
(2) At any time after the expiration of the period of,-
(a) fifteen years from the date of the certificate of the final publication of a record-ofrights, when such publication was made after the commencement of this Act, or
(b) seven years from the date of the certificate of the final publication of a record-ofrights, when such publication was made before the commencement of this Act, and thereafter, at intervals of periods of fifteen years, the [State] Government may, of its own motion or on the application of any landlord or tenant direct,-
(i) that such record-of-rights or any portion thereof be revised in the prescribed manner;
and
(ii) that a settlement of rents payable by tenants be made under Section 85.
(3) The foregoing Sections of this Chapter shall, subject to any rules made in this behalf under Section 264, apply to every revision and settlement referred to in sub-section (1) or sub-section (2).
99. Enhancement of rent where application under Section 98 is rejected - If the [State] Government rejects any application made by a landlord under Section 98, subsection (2), for a revision of a record-of-rights after the expiration of the period of fifteen years or the period of seven years as the case may be, referred to in that sub-section, such landlord may apply to Deputy Commissioner for the enhancement of any rent entered in such record-of-rights as being payable to him.
100. Validation of directions given, before the commencement of this Act for the record of certain rights - Where a direction has been given any order made under Section 101 of the Bengal Tenancy Act, 1885 (2 of 1885), before the commencement of this Act, for the record of any rights of the kind mentioned in clause (n) of Section 81 of this Act, such direction shall be deemed to be as valid as if the said clause had been enacted before such order was made.
[100A. Application of certain provisions to rights if pasturage, to take forest produce, etc. and to payments in respect thereof. - [* * *] The provisions of this Chapter, excluding Section 94 and of Sections 53 to 58 both inclusive, and Section 63, shall, so far as may be, apply to any of the following rights not being rights created by a [Registered contract] namely, rights of pasturage, rights to take forest-produce, rights of fishery, or other similar rights and to the sum, if any, payable by a person in respect thereof, as if such rights person and sum were respectively land held by a tenant, the tenant thereof and the rent payable in respect thereof, and as if the payee of such sum were the landlord under whom such person holds.]
[* * * * * *] Chapter XIII Praedial Conditions and The Commutation and Record Thereof
101. Prohibition against new praedial conditions - From and after the commencement of this Act,-
(a) no tenancy shall be created with any praedial condition attached, other than rentfree tenancies with the sole condition of rendering personal service; and
(b) no new praedial condition shall be imposed on any tenancy in existence at any time of such commencement.
102. Liability of tenant when original conditions of tenancy cannot be ascertained - When the original conditions of a tenancy cannot be ascertained, the tenants shall not be liable to any praedial conditions other than or in excess of those to which, by local custom or usage, he, in common with the general body of the class to which he belongs in the village tenure or estate in which the lands of the tenancy are situated, is liable :
Provided that, in any case in which praedial conditions have been complied with by a tenant for a period of five years continuously, any Revenue Officer acting under this Chapter may, when commuting such conditions under this Chapter, presume that the same have been complied with in accordance with local custom or usage or in accordance with an express or implied contract made at the commencement of the tenancy.
103. Method of calculating present value of praedial conditions - When in any proceedings under this Act, it becomes necessary for a Court to calculate the value of any praedial condition such value shall be taken to be its average value during the ten years immediately prior to the proceedings, or during any shorter period for which evidence may be available.
104. Procedure in suit for rent and value of praedial conditions - When in any suit for the recovery of rent, it is sought to recover the value of the praedial conditions appurtenant to a tenancy, an issue may be framed as to whether the value of the praedial conditions, when added to the rent payable in respect of the tenancy, exceeds a fair rent, and, if it is found that the resulting amount exceeds a fair rent, the Court shall decree the rent and so much (if any) of the value of the praedial conditions as, together with the rent will not exceed the sum which would, having regard to the special circumstances of the case, be a fair rent.
105. Voluntary commutation of praedial conditions - (1) When any land is held subject to any praedial conditions, the tenant or the landlord may apply in writing to a Revenue Officer for commutation of such conditions.
(2) The Revenue Officer shall thereupon cause a notice to be served on the landlord or the tenant, as the case may be, and shall fix a day for considering the application; and on such day, or any day thereafter, to which the hearing may be adjourned, shall proceed to inquire into the matter and to determine the amount which, in his judgement is fairly and equitably payable in commutation of such conditions.
(3) In calculating the said amount, the Revenue Officer shall have regard only to the conditions to which the tenant is liable in accordance with local custom or usage or with any contract made when the tenancy commenced and to the money value of such conditions at the time of making such calculation shall follow the procedure provided in Section 103:
Provided that the amount payable in commutation shall be so fixed that the total annual rent of the land, including such amounts as aforesaid, shall no: exceed the sum which would, having regard to the special circumstances of the case be a fair and reasonable rent if the land were not held subject to any praedial conditions.
106. Power to order record of praedial conditions, with or without commutation -
(1) The [State] Government may, in any case in which it is, in its opinion, expedient so to do, make an order directing either,-
(a) that a record of all praedial conditions to which the lands within any local area or any estate, tenure or part thereof are subject shall be prepared, and a commutation of such conditions made, by a Revenue Officer; or
(b) that a record as aforesaid be made by a Revenue Officer without commutation of such conditions as aforesaid.
(2) A notification in the [* * *] [Gazette] of an order under this Section shall be conclusive evidence that the order has been duly made.
(3) The record of praedial conditions shall be prepared in the prescribed manner.
107. Preparation of record - (1) Whenever an order is made under Section 106, the Revenue Officer shall thereupon proceed to prepare a record containing the following particulars, namely:
(a) the name of each tenant;
(b) the name of his landlord;
(c) the rent payable for the lands held by each tenant at the time the record is being prepared;
(d) the praedial conditions to which all or any of such lands are subject;
(e) the amount in which the judgement of the Revenue Officer, may fair try be deemed payable in commutation of such conditions; and
(f) any other prescribed particulars.
(2) In calculating the amount payable commutation of such conditions the Revenue Officer shall be guided by the provision of Section 105, sub-section (3).
108. Publication of record - (1) When the Revenue Officer has prepared a record under Section 107, he shall cause a draft of the same to be locally published 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 omission therefrom during the period of publication.
(2) When objection have been considered and disposed of in the prescribed manner, the record shall be finally framed and published in the prescribed manner.
(3) Separate draft or records may be published under sub-section (1) or subsection (2) for different local areas, estates, tenure or part thereof.
109. Appeal from orders of Revenue Officer - An appeal shall lie, in the prescribed manner and to the prescribed Officer, from any order of Revenue Officer under this Chapter.
110. Revision by Commissioner or Board - The Commissioner or the Board may direct the revision of any record prepared under this Chapter of any portion of such record, at any time within two years from the date of the final publication of the record, but not so as to affect any decision from which an appeal has been preferred under Section 109:
Provided that no such direction shall be made until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
111. Procedure where a survey and record-of-rights are being made - In every local area, estate, tenure or part thereof in which a survey is being made and a record-ofrights is being prepared under this Act or under any law in force before the commencement of this Act, and in which a record of praedial conditions are being prepared and a commutation thereof is being made an order issued under Section 106.
Sections 107 to 109 shall not apply, and the following provisions shall have effect, namely :-
(1) The Revenue Officer shall at the time of attesting the preliminary record, ascertained all the praedial conditions to which, by local custom or usage or by contract made when the tenancy commenced each tenant is liable, and the cash value of such condition and shall prepare a statement, in the prescribed form showing the conditions and values so ascertained.
(2) In calculating the cash value of such conditions, the Revenue Officer, shall be guided by the provisions of Section 105, sub-section (3).
(3) The Revenue Officer shall enter in the Khatiyan of each tenant the cash value of the praedial condition (if any) to which such tenant is liable as ascertained under clause (1).
(4) If any tenant is liable, by local custom or usage or by contract made when the tenancy commenced, to any praedial conditions other than those to which the general body of tenants are liable or is not liable to all the praedial conditions to which the general body of tenants are liable, the Revenue Officer shall also specify in the Khatiyan the praedial condition to which such tenant is liable.
(5) The statement prepared under Clause (1), and the entries in the Khatiyan shall be published in draft in the same manner and for the same period as the record-of-rights.
(6) Objection as to entries or omission in the statement of Khatiyan relating to praedial condition may be made under the same condition as objection to entries in or omission from the record-of-rights and shall be disposed of in the same manner as such objections.
(7) After the disposal of objections, the said statement, and the entries in the Khatiyan relating to praedial conditions shall be finally published at the same time and in the same manner as the record-of-rights.
(8) At any time within three months from the date of the certificate of the final publication of the record-of-rights, a suit may be instituted before a Revenue Officer for the decision of any dispute regarding any entry in the record relating to praedial conditions or regarding any omission to enter any such conditions in the record and; the Revenue Officer shall hear and decide the dispute.
(9) In all such suits, the Revenue Officer shall, subject to any rule made in this behalf under Section 264 adopt the procedure laid down in Chapter XVI for the trial of suits.
(10) An appeal shall lie, in the prescribed manner and to the prescribed officer, from any decision of a Revenue Officer under Clause (8).
112. Note of decisions in record-of-rights - A note of all decisions under Clause (8) and decisions on appeal under clause (10) of Section 111 shall be made in record-ofrights as finally published under Section 83 and such note shall be considered as part of the record.
113. Decisions of questions as to whether a payment in kind is a praedial condition or a payment of rent in kind - Where, in any proceeding under this Chapter or under Section 61, a question arises as to whether a payment in kind is a praedial condition or a payment of rent in kind the Revenue Officer acting under this Chapter or the officer acting under Section 61, as the case may be, shall after such inquiry as he may consider necessary, decide whether in fact the payment is a praedial condition or not.
114. Commencement and effect of commutation - (1) When the commutation of any praedial conditions is settled under this Chapter, for any local area or estate, tenure or part thereof, the settlement shall take effect from the beginning of the agricultural year next after the final publication of the record.
(2) The amount determined by a Revenue Officer under this Chapter to be payable by a tenant in commutation of praedial condition shall be deemed to be part of the rent payable by the tenant and shall be recoverable accordingly.
115. Expenses of voluntary commutation - When in any case, the proceedings under Section 105 have been completed, the Revenue Officer shall apportion the total expenses thereof between the landlord and tenant in such proportion as, having regard to all the circumstances, he may deem fit; and the amount so apportioned shall be recoverable as an arrear of land revenue.
116. Expenses of record and compulsory commutation - The expenses incurred by the [State] Government; in carrying out in any local area or any estate, tenure or part thereof any order made under Section 106 or such part of those expenses as the [State] Government may direct shall be defrayed by the landlords and tenants of land in that local area, tenure or part, in such proportions as the [State] having regard to all circumstances, may determine.
(2) The portion of the aforesaid expenses which any person is liable to pay shall be recoverable by the [State] Government as if it were an arrear of land revenue due in respect of the said local area, estate, tenure or part.
Explanation. - The word "tenure" in this Section includes all revenue-free and rent-free tenures and holdings within a local area, estate or tenure.
117. Saving of right to claim reduction or enhancement of rent - No proceedings under this Chapter shall bar the right of any tenant or landlord to claim a reduction or enhancement of rent under this Act after such proceedings have been completed.
Chapter XIV Record of Landlord's Privileged Lands
118. Definition of "landlord's privileged lands" - (1) The expression "landlord's privileged lands", as used in this Chapter, means,-
(a) lands which are cultivated by the landlord himself with his own stock or by his own servants or by hired labour or are held by a tenant on lease for a term [exceeding one year, or on a lease written or oral for a period of one year or less], and which are by custom, recognised as privileged land in which occupancy-rights cannot accrue, and
(b) [Land which are known as 'Zirat' in the Chota Nagpur Division other than the [district of Ranchi and Dhanbad and Patamda, Ichagarh and Chandi police-stations in the district of Singhbhum], lands which are known as man in the [district of Dhanbad and Patamda, Ichagarh and Chandi police-stations in the district of Singhbhum] and lands which are entered as Manjhihas or Bethpketa in any register prepared and confirmed under the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869).]
(2) From such [date] as the [State] Government may by notification direct, no lease [for a term which exceeds or might in any possible event exceed one year] shall be considered for the purpose of clause (a) of this Section unless it be in writing.
119. Power to direct a survey and record of landlord s privileged lands - The [State] Government may, by notification, direct a Revenue Officer to make a survey and record of all lands in any specified local area which are landlord's privileged lands within the meaning of clause (a) of Section 118.