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Section 9

The Ranchi District Tana Bhagat Raiyats Agricultural Lands Restoration Rules, 1948State Rules of Jharkhand · 1948

(1) When action has been taken under Section 9, the Deputy Commissioner shall determine the date up to which possession will be deemed to have remained with the auction-purchaser or his alienee, if any, and the date from which possession will be deemed to have been restored to the applicant.

(2) The net income derived from the holding taken possession of by the Deputy Commissioner under Section 9 shall be disposed of in the following order, namely:-

(a) the rent due to the landlord in respect of the holding shall be paid by the Deputy Commissioner;

(b) (i) the balance remaining after payment of rent shall be kept in deposit with the Deputy Commissioner until he has made an order under Section 4;

(ii) after an order under Section 4 has been made, the balance shall be paid to the auctionpurchaser or his alienee, or to the applicant, in the proportion determined by the Deputy Commissioner having regard to the circumstances of each case.

10. The Deputy Commissioner shall maintain a register Form V for the amount deposited under Section 4(2) of the Act and the disbursement thereof.

Schedule Form 1 Application under Section 4(1) of the Ranchi District Tana Bhagat Raiyats Agricultural Lands Restoration Act, 1947 To The Deputy Commissioner of Ranchi,

1. Name, father's name, caste, profession and residence of Tana Bhagat raiyat whose holding has been sold.

2. If the applicant claims to be the legal representative of the person mentioned in Column 1 or his authorised agent, his name, father's name, caste, profession and residence with a brief description of his relationship with the deceased Tana Bhagat raiyat.

3. Name of the village in which the holding is situated, thana number, name of the mahal, tauzi No. and Khata number of the plots for the restoration of which application is being made.

4. Original rental together with local cess, if any.

5. Name, father's name, caste, profession and residence of the landlord.

6. Amount of the decree together with cost, etc., for which the holding was sold.

3/4

7. Approximate date, month and year of sale.

8. Name, father's name, caste, profession and residence of the auction-purchaser.

9. Name, father's name, caste, profession and residence of the person in actual possession of the holding together with a brief description as to how he acquired it.

10. Relief sought for.........

Signature or Left thumb impression with name of the applicant.

Form II Notice under Rule 4(2) of the Ranchi District Tana Bhagat Raiyats' Agricultural Lands Restoration Rules, 1948 To .... .... ...

Whereas has made an application under sub-section (1) of Section 4 of the Ranchi District Tana Bhagat Raiyats Agricultural Lands Restoration Act, 1947, in case No............of 19..........for restoration of the holding described below to his ownership and possession, you are hereby directed to appear before the undersigned on the.............day of 19............at...........in village....with all the evidence in your possession for or against the claim and also in respect of improvements, if any, effected thereto and alienation's, if any, in respect of the said holding.

Description of holding.

Enquiring Officer Dated.............19...

Note. - This notice will issue to all the parties interested including the applicant.

Form III Notice under Rule 5 of the Ranchi District Tana Bhagat Raiyats' Agricultural Lands Restoration Rules, 1948 To .. .. .. .. ..

With reference to your application under sub-section (1) of Section 4 of the Ranchi District Aboriginal Raiyats Agricultural Lands Restoration Act, 1947, in respect of the holding mentioned below, you are directed to deposit Rupees.......... in the office of the undersigned on or before the........day of 19... as the amount to be deposited by you before the said holding is restored to your ownership and possession.

Description of holding.

Dated............19..

4/4 Form IV Order for Delivery of possession under Rule 6 of the Ranchi District Tana Bhagat Raiyats Agricultural Lands Restoration Rules, 1948 Bailiff of the Court To ...............

Whereas order has been made restoring the holding described below to the ownership and possession of............in case No...........of 19.........; you are hereby directed to put the said person in possession of the same.

Description of the holding.

Dated............19... Deputy Commissioner Note. - These serving officer's receipt of taking possession and signatures of drummer and witnesses will be written on the reverse.

Form V [Rule 10] Register to be maintained as required under Section 4(2) of the Ranchi District Thana Bhagat Raiyats' Agricultural Lands Restoration Act, 1947 Date of deposit Amount deposited To whom payable To whom paid and date of payment Date of restoration Remarks 6 7 8 9 10 11 Name of the person to whom possession is to be delivered Date and hour of service of the writ Serving Officer’s report Receipt of taking possession Names and signatures or left thumb impressions of the drummer and two witnesses 1 2 3 4 5 Serial No.

Name of the applicant, father’s name and address Particulars of the holding or land for which deposit is to be made Amount to be deposited as ordered by the Deputy Commissioner with date of order Date by which the amount is to be deposited 1 2 3 4 5

Where this provision sits

ActThe Ranchi District Tana Bhagat Raiyats Agricultural Lands Restoration Rules, 1948
Section9
JurisdictionState of Jharkhand
StatusIn force as published by the source

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