PART I-- Basic rent of tenants
63.Liability for payment of rent.- Every occupancy, exproprietory, hereditary or non-occupancy tenant shall be
liable to pay rent in accordance with the provisions of section 64 :
Provided that if, at the commencement of this Act, a lower rent is payable by a tenant, or, after such
commencement of this Act, a lower rent is payable by a tenant, or, after commencement, a lower rent is agreed
upon between him and his landholder, he shall be liable to pay such rent only.
64.Scale of rent for different classes of tenants.- Subject to the provisions of section 66, a tenant shall be liable to
pay rent in accordance with the following scale:--
(a) a hereditary or a non-occupancy one-fifty of the produce of his holding ;
tenant, other than a sub-tenant
(b) an occupancy tenant ..one-sixty of the produce of his holding ;
(c) an exproprietary tenant ..one-eighty of the produce of his holding :
Provided that if any area bighori at customary rate is payable for any crop, a tenant may elect to pay such rate for
such crop :
Provided further that if, a tenant grows cotton, or a crop in which cotton predominates, on more than one fourth of
the irrigable area of his holding, the rent of such excess area shall be payable at double the bighori at customary
rates.
Explanation.-- In this section the expression "produce of his holding" shall not include the straw chaff (bhusa) of
the rabi or the dry stalks of kharif crop.
65.Status and liability of person permitted to retain possession.- Notwithstanding anything contained in section
106, a person occupying any vacant land in contravention of the provisions of his Act shall, if permitted in writing
by the landlord to retain possession of such land, become a hereditary tenant thereof and shall be liable to pay
rent in accordance with the provisions of sections 63 and 64.
PART II-- Payment and recovery of rent
General provisions
66.Hypothecation of produce towards payment of rent.- The produce of every holding, whether sub-let or not, shall
be deemed to be hypothecated to the landlord for the rent payable in respect of such holding and, until and
demand for such rent has been satisfied, no other claim on such produce shall be enforced by sale in execution of
a decree of a civil or revenue court, or otherwise.
67.Procedure when produce is attached by civil or revenue court.- (1) If the produce of any holding is attached by
an order of a civil or revenue court, such court shall give notice of such attachment to the landlord who may apply
to such court to sell the produce and pay to him, out of the proceeds of the sale thereof, any arrears of rent due in
respect of such holding up to the date of the attachment.
(2) If such court, on inquiry, finds the landlord's claim to the whole or any part of the rent to be proved, it shall sell
the produce or such portion thereof as it may deemed fit, and apply the proceeds of the sale, in the first instance,
to satisfy such claim.
68.Right of landlord of collect rent from cultivator.- (1) If the rent of a holding which is sub-let, or is left in charge of
another person under section 58, is payable to the landlord by batai, be may collect such rent from the sub-tenant
or such person :
Provided that if any rent is so collected by the landlord, the sub-tenant may deduct such rent from any rent
payable by him to his landholder.
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(2) If any conflict arises between the claims of the landlord and the tenant of such holding to collect rent from the
sub-tenant the claim of the landlord shall prevail.
69.No cartage allowed.- When rent is paid by batai, the landholder shall not claim or receive any additional
quantity of the produce or its money equivalent for cartage to his won residence or to any market-place.
70.Presumption as to payment by tenant and application of such payment.- If a tenant makes a payment to his
landholder, the payment shall, in the absence of a direction to the contrary, be deemed to have been made on
account of rent, and shall be credited to any year, instalment or holding, specified by the tenant :
Provided that no such payment shall be applied to the discharge of an arrear of rent which has been outstanding
for more than two years at the date of such payment.
71.Modes of making payment of money rent.- (1) A payment of a money rent may be made by a tenant to his
landholder, either direct or by money order :
Provided that the acceptance by a landholder of a sum paid by money-order shall not, by itself or by virtue of any
thing written on the money-order from, be deemed to constitute an admission by him as to the amount of rent
payable or due on account of any particular year, instalment or holding, or an admission that the payer is a tenant.
(2) When such rent is sent by money order, in the case of acceptance, the payee's receipt and in the case of
refusal, the endorsement of such refusal on the money-order form, duly stamped by the post office, shall be
admissible in evidence without formal proof and shall, until the contrary is proved, be presumed to be a correct
record of such acceptance or refusal.
72.Right to get receipt.- (1) Every tenant, lessee or license who makes payment on account of rent, sayar or
premium shall be entitled to obtain forthwith from the landholder a written receipt signed by the landholder or his
agent.
(2) The landholder shall, from a book printed under section 74, give a separate receipt for each sum paid on
account of rent, sayar or premium, and shall prepare and retain a counterfoil of each receipt given by him.
73.Penalty for not issuing proper receipt.- If a receipt is not issued in the prescribed from, or does not contained
substantially the particulars required to be stated therein, or if a joint receipt for rent, sayar or premium has been
given in contravention of the provisions of sub-section (2) of section 72, it shall be presumed, until the contrary is
proved, to be an acquittance in full of all demands for rent, sayar, or premium, as the case may be, up to the date
on which the receipt was given.
74.Obligation of Chief Commissioner to print and supply books of receipt.- The Chief Commissioner shall cause to
be printed and kept for sale to landholders, at all tahsil headquarters, books of receipts with counterfoils in the
prescribed form at a rate, not exceeding the actual cost of production, plus five per cent.thereon to cover incidental
charges.
75.Penalty for non-production of receipt book with counterfoils.- If, in any proceeding under this Act between a
landholder and a tenant in which the payment of rent, sayar or premium is in dispute, the landholder, when order
by the court to produce the book of receipts with counterfoils which he is required to retain under section 72, fails
to produce it, the court may accept the plea of the tenant regarding such payment as correct or may make any
presumption against the landholder which it considers reasonable.
76.Rights and liabilities in respect of produce.- (1) When rent is payable by batai, the tenant shall have a right to
the exclusive possession of the crop and to cut and harvest it in due course of husbandry without any interference
on the part of the landholder, but shall not be entitled to cut any portion of the procedure of his holding or to remove
it from the threshing-floor at such time or in such manner as to prevent the due division thereof at the proper time.
(2) If a landholder prevents a tenant from tending, cutting, gathering or storing the crop, or otherwise interferes with
harvesting operations, he shall be liable, on the complaint of the tenant, to pay to him such sum, not exceeding
one hundred rupees, as may be awarded as compensation and such sum shall be recovered as arrears of revenue
and paid to the tenant.
(3) Such complaint shall be made in writing to the sub-divisional officer who shall inquire into, and decide, the case
and submit the record for confirmation of the order passed by him to the collector.
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(4) If the tenant cuts or removes any portion of the produce of his holding, contrary to the provisions of sub-section
(1), such produce shall, for the purpose of determining the share of the landholder, be deemed to be equal to that
of the best crop of the same kind grown at that harvest on similar land in the neighbourhood.
77.Application for officer to make division.- (1) When the rent of any land is payable by batai, the tenant may, when
the crop is ripe, apply to the tahsildar requesting the an officer be deputed to make the division and, subject to the
payment of the prescribed fee, the tahsildar shall, within ten days of such payment, depute an officer for the
purpose.
(2) The officer so deputed shall proceed to the spot on a day of which notice shall be given to the landholder and
the tenant, cause the crop to be cut or gathered, and stored, and, after such inquiry as he deems fit, get the
produce divided in accordance with the shares to which the parties may be respectively entitled.
(3) The weighment charges or other expenses, if any, incurred in making the division, shall be borne by the parties
in proportion to their shares in the produce.
(4) In making the division, such officer shall take the assistance of assessors to be appointed, as nearly as may
be, in accordance with the provisions of sub-sections (2) and (3) of section 79, draw up a note specifying the shore
of produce delivered to each party and other necessary particulars, explain such not to the parties and assessors,
get it signed by them and submit it with his report to the tahsildar.
(5) Such officer shall not allow any levy prohibited by sub-section (1) of section 62 to be charged at the time of
batai, and in his report to the tahsildar be shall state that no such levy was charged.
(6) If either the landholder or the tenant is dissatisfied with the division he may, within fifteen days of such division,
complain in writing to the tahsildar who shall inquire into the matter and, if necessary, pass a decree for money in
favour of the party entitled, by him to the sub-divisional officer.If no such complaint is made, the tahsildar shall
confirm the note of the officer deputed.
(7) The sub-divisional officer may confirm, amend or set aside the decree or order or pass such other order as he
deems fit.
(8) A decree for money passed under sub-section (6) or (7) shall, if against the tenant, be deemed to be a decree
for arrears of rent and, if against the landholder, be realised in accordance with the provisions of sections 88 and
89.
78.Application for kuta.- If by an agreement between a landholder and his tenant, the batai rent of a holding is
payable in cash by kuta, either party may apply in the prescribed form to the tahsildar to depute an officer to make
the kuta.
79.Procedure on application.- (1) On receipt of an application under section 78, and on payment of the prescribed
fee, the tahsildar shall, within ten days of such payment, issue a written notice to the landholder and the tenant to
attend on such date and at such time and place as may be specified in the notice, and shall depute an officer by
whom the kuta shall be made.
(2) On the day, and at the time and place, so fixed, such officer shall attend and call upon each party to appoint a
resident of the neighbourhood as an assessor to assist him.
(3) If any party fails to attend, or refuses to appoint an assessor, such officer shall appoint an assessor on his
behalf and shall, with the assistance of the assessors so appointed, make the kuta and deliver an award in the
prescribed form and submit the same with a report of the proceedings to the tahsildar.
(4) The tahsildar shall issue notice to the parties to file objections, if any, to the award within fifteen days of the
date of service of such notice and shall, after hearing such objections and making such inquiry, as he considers
necessary accept or modify such award and submit the record of the case for confirmation of the order passed by
him to the sub-divisional officer.
(5) The sub-divisional officer may, after further inquiry, if necessary, confirm or modify the award.
(6) After the award has become final, the tahsildar shall assess the money value of the rent payable to the
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landholder and pass a decree for arrears of rent against the tenant.
80.Collector to publish return of current prices.- Within one month of the end of harvesting operations in a tahsil, or
as soon thereafter as may be, the collector shall prepare, in the prescribed manner, a return of market prices
current at the harvest time of all food and non-food clops grown in such tahsil and the return so prepared shall be
accepted for assessing the money value of the produce of a holding in cases triable under this Act:
Provided that it, any area, the Central Government has fixed any price for any agricultural produce such price shall
be accepted for making such assessment.
81.Assessment of bighori by court.- (1) In case of bighori--
(a) if the landholder or the tenant neglects to measure the area sown at the proper time, or
(b) if there is a dispute about the extent of the area sown, the length of the measuring chain, or the manner of
measurement of such area,
either party may make an application to the tahsildar, requesting that a measures be appointed to measure such
area.
With the application, the applicant shall deposit such fee as may be prescribed.
(2) The provisions of sub-sections (1) to (3) of section 79 shall apply to an application made under this section, as
if for the words "kuta" and "officer", wherever they occur in such sub-sections, the words, "measurement" and
"measurer" respectively were substituted.
(3) On receipt of the measurer's award, the tahsildar shall issue notice to the parties to file objections, if any,
within fifteen days of the date of service of such notice and, after hearing such objections, pass a decree for the
arrears of rent found due, and submit the record of the case for confirmation of the decree passed by him to the
sub-divisional officer.
82.Commutation of batai rent into bighori in certain cases.- (1) Where a tenant, other than a non-occupancy
tenant, has heretofore paid his rent by batai, or partly by bighori and partly by batai, he may apply to the subdivisional officer to commute his rent paid by batai into bighori.
(2) The sub-divisional officer shall, in accordance with the table of rates prepared in the prescribed manner, declare
the bighori which such tenant shall be liable to pay.
83.Payment of commuted rent.- The rent commuted under the provisions of section 82 shall become payable from
June next following the date of the order and shall remain in force for three agricultural years unless, at the end of
such period, the landlord and the tenant, by a joint application made to the sub-divisional officer, get the period
extended for any terms agreed upon between them.
Arrears
84.Rent when and how payable.- (1) Subject to the provisions of this Act, the rent of a tenant shall be payable as
follows :--
(i) in case of batai or bighori--
(a) as agreed upon between the tenant and the landholder,
(b) in the absence of any such agreement, according to local custom, and
(ii) in case of fixed money rent, in instalments proportionate to the revenue instalments payable one months before
the dates appointed for the payment of the revenue instalments.
(2) Rent, or any instalment thereof, not paid by due date, shall be deemed to be in arrears.
85.Claim for arrears of rent.- (1) If rent, which is payable by batai or bighori, is in arrears, or if the tenant has,
without sufficient cause, failed to cultivate his holding, the landholder may, within two yeas of the date on which
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rent became payable, apply to the tahsildar for the recovery of arrears of rent.
(2) An application for the recovery of fixed money-rent shall be made to the tahsildar within two years of the date
on which such rent became payable.
(3) For purposes of the assessment of the rent recoverable under sub-section (1)--
(i) in case of batai, the provisions of sub-section (4) of section 76 shall apply, and
ii) in case of batai or bighori, the entire area of the holding of the defendant shall, in the absence of evidence to the
contrary, be deemed to have been actually cultivated during the period to which the claim relates.
(4) The tahsildar shall decide the case and submit the record for confirmation of the decree passed by him to the
sub-divisional officer.
86.Interest in cases of arrears of rent.- When a court passes a decree for arrears of rent under the provisions of
this Chapter, it shall allow interest on the amount decreed from the date of such decree till the date of its
satisfaction at the rate of one anna per rupee per annum simple interest unless, for reasons to be recorded in
writing, it disallows the interest or allows interest at a lower rate.
87.Landlord's power to charge irrigation dues.- If a landlord had constructed a tank, whether before or after the
commencement of this Act, he shall, subject to the rules made by the Chief Commissioner, be entitled to charge
irrigation dues from persons irrigating land from such tank, at such rates as may be prescribed.
88.Method of recovering sayar.- (1) A landlord to whom any sum is due on account of sayar may, on an application
to the tahsildar, recover the same by attachment and sale of the property of the defaulter with the exception of the
following :--
(a) the necessary wearing apparel, cooking utensils, beds and bedding of the defaulter, and of his wife and children
and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman ;
(b) his implements of husbandry and such cattle and seed grain as may, in the opinion of the court, be necessary
to enable him to earn his livelihood as an agriculturist; and
(c) houses and other buildings belonging to the defaulter and actually occupied by him or used by him as a cattleshed.
(2) If, in the course of any proceeding under sub-section (1), any claim is preferred to, or any objection is made to
the attachment of, any property by any person, whether a party to such proceeding or not, the tahsildar shall
decide the dispute and submit the record of the case for confirmation of the order passed by him to the subdivisional officer.
89.Realisation of sayar as arrears of revenue.- (1) If, in the opinion of the tahsildar the arrears of sayar cannot be
recovered under section 88, he may move the sub-divisional officer to sanction the collection of such arrears as
arrears of revenue.
(2) The sub-divisional officer may, if he is satisfied that such arrears cannot be recovered under section 88, direct
the tahsildar to recover such arrears as arrears of revenue.
(3) Any arrears of sayar recovered under section 88 or under this section shall be paid by the tahsildar to the
person entitled.
PART III.- Emergency provision
90.Recovery of arrears in the event of general refusal to pay.- (1) In case of any general refusal to pay rent or any
demand on account of sayar to persons entitled to collect the same in any area, the Chief Commissioner may, by
notification in the Official Gazette, declare that such rent or demand may be recovered in accordance with the
provisions of sub-section (2).
(2) In any area to which a notification made under sub-section (1) applies, a landholder entitled to collect such rent
or demand may, notwithstanding anything to the contrary contained in this Act or any other law for the time being
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in force, apply in writing to the tahsildar to recover the same, and the tahsildar shall, after satisfying himself that
the amount claimed is due, recover the same with costs as arrears of revenue and submit the record of the case
for confirmation of the orders passed, and the action taken, by him to the collector.
(3) The collector may, after examining the record, order that, after deducting from the amount recovered the
collection charges which shall not ordinarily exceed seven per cent.of the amount so recovered, the balance shall
be made over to the person entitled :
Provided that the total amount deducted as court-fee under section 173 and collection charges shall not, in the
aggregate, exceed fourteen and a half per cent.of the amount so recovered.
(4) No order passed under this section shall debar a landholder from recovering, under the provisions of this Act,
any amount due to him which has not been recovered under this section.
PART IV.- Payment of revenue by biswadars to jagirdars and muafidars.
91.Application of certain sections to biswadars.- (1) The provisions of sections 62, 66, 67 to 77, 81, 87 to 90 and
108 to 112 shall apply to a biswadar in relation to a jagirdar or a muafidar, as it in such sections for the word
'tenant', the words 'biswadar' and for the words 'landlord' or 'landholder' the word 'jagirdar' or muafidar', as the case
may be, and for the word "rent" the words "revenue payable by a biswadar", were substituted.
(2) The amount of a decree for arrears of revenue passed against a biswadar, if not satisfied within thirty days of
the date when such decree becomes final shall, on the application of the decree-holder, be recovered by the
tahsildar as arrears of revenue and paid to the person entitled.