Chota Nagpur Tenure-Holder's Rent Account Act, 1929
No: 1 Dated: May, 18 1929
Chota Nagpur Tenure Holders' Rent Account Act, 1929
(Bihar and Orissa Act 1 of 1929)
An Act to protect the interest of sharers in permanent tenures from sale by reason of the default of their co-sharers.
Preamble. - Whereas it is expedient to give to certain share holders in permanent tenures the means of protecting their shares from sale by reason of the failure of their co-sharers to pay rent of the tenure;
It is hereby enacted as follows: -
1. Short title. - This act may be called the Chota Nagpur Tenure Holders' Rent Account Act, 1929.
2. Extent. - It extends to those areas of the Chota Nagpur Division in which the Chota Nagpur Tenancy Act, 1908, is for the time being in force.
3. Commencement. - It shall come into operation only on such date and subject to such exceptions and modifications, if any, as the State Government may by notification direct.
4. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "registered co-sharer" means a co-sharer in a tenure whose name has been registered in the office of the landlord under Section 11 of the Chota Nagpur Tenancy Act, 1908, or who is deemed to be registered under section 12 of the said Act;
(b) "resumable tenure" means a tenure which is held subject to the condition that it shall lapse to estate of the grant or and be resumable by him or his successor in title on failure of male heirs of the body of the original grantee in the male line; and
(c) "Words and expressions" use in this Act and not otherwise defined have the same meanings respectively as in the Chota Nagpur Tenancy Act, 1908.
5. application by co-sharer in permanent tenure. - (1) Registered co-share holding any share in a permanent (including resemble) renure may apply to the Deputy Commissioner for an order that the landlord shall open a separate account of the rent payable in respect of his share.
(2) An application under sub-section (1) may be made by any number of co-sharers, each specifying in the application his share in the tenure in respect of which separate account is required to be opened; and the provisions of sections 140 and 141 of the Chota Nagpur Tenancy Act, 1908, shall apply to such collective application.
6. (1) On receipt of the application the Deputy Commissioner shall require the landlord of the tenure concerned to furnish within three months a list of all registered co-sharers in the said tenures.
(2) On receipt of such list the Deputy Commissioner shall fix a date for hearing the application, and cause notice of the application and of the date fixed for the hearing thereof to be served on the landlord and on each of the registered co-sharers of the aforesaid tenure and to be published in such places and in such manner as may be prescribed by rules made under this Act.
7. Objection by Interested person. - On the date fixed, or on any subsequent date permitted by the Deputy Commissioner, any person claiming to have an interest which will be affected by the grant of the application may present an objection to the Deputy Commissioner.
8. Inquiry by Deputy Commissioner. - (1) The Deputy Commissioner, after hearing the application and considering any objections that have been made, and after such further inquiry as he deems necessary may subject to the provisions of sub-Section (1-a) make an order declaring the rent payable in respect of the share of the applicant.
(1-a) The amount which may be declared under sub-section (1) as rent payable in respect of the share of the applicant in the tenure shall bear to the total rent payable in respect of the tenure the same proportion as the annual value of the assets comprised in such share last determined under Cess Act, 1880, bears to the annual value of the assets comprised in tenure determined as aforesaid.
(2) Such order shall take effect from the Commencement of the agricultural year next following.
(3) If on hearing any objection the Deputy Commissioner is of opinion that no order can be passed without the determination of a question of title, he may stop the proceeding and refer the parties to the Civil Court for a decision on such question.
(4) The costs of any inquiry held under-section (1) and the costs of the hearing of the application shall be borne by the applicant for a separate account unless the Deputy Commissioner directs that such costs shall borne by any other party to the proceedings, or partly by such other party any partly by the applicant or separate account.