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, ; * . ; X - < ? [ P. ice 62 nP. or 11 d.] . = — = X 2 CH APTER IV O ccupancy Raiyats Sections - 13 Acquisition of occupancy rights. Incidents of O ccupancy rig ht 14 Rights in respect of use of land. 15 Right in trees. 16 Obligation to pay rent. 17 Protection from eviction. 18 Devolution on death. 19 Right of transfer. 20 Right of subletting. 21 Restriction on enhancement of rent. 22 Enhancement b y contract. 23 Enhancement by application to Court. 24 Rules as to enhancement on ground that rent is much below the maximum rate. 25 Rules as to enhancement on ground of landlord’s improvement. 26 Rules as to enhancement on ground of increase in productive powers due to fluvial action. 27 Enhancement to be fair and equitable. 28 Power to order progressive enhancement. 29 Lim itation of right to file successive enhancement applications. CH APTER V N on-occupanncy Raiyats 30 Application of chapter. 31 Initial rent. 32 Condition of enhancement of rent. 33 Grounds on which a non-occupancy raiyat may be ejected. 3 ions 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Power to order progressive enhancement and ejectment refusal to agree to enhancement ordered. Application for restitution. Incidents of holding. Subletting. CH APTER VI UNDER-IfatVdfJ Liability to pay rent. Grounds on which undcr-raiyat may be ejectea. Power to order progressive enhancement. Application for restitution. Incidents of holding. Subletting. CH APTER VII General Provisions as to rent Lim itation of rent. Presumption as to amount of rent and conditions of holding. Alteration of rent on alteration of revenue rate. Reduction of rent of holdings in temporarily-settled estates. Reduction of rent of holdings in estates other than temporarily settled. Alteration of rent on alteration of area. Instalm ents of rent. Re nt receipts. Penalty for withholding ren t receipts by landlord and for frivolous applications by tenants. Effect of receipt of registered proprietor, landholder, ^manager or mortgagee. 4 Deposit o r rent Sections 54 Application to deposit rent in court. 55 Receipt gran ted by court for ren t deposited to be a valid acqu it tance. 56 Procedure for payment to the landlord of rent deposited. Arrears of ren t 57 Liability to sale for arrears of privileged raiyal’s or occupancy raiyat’s holding. 58 Ejectment for arrears in oth er cases. 59 Interest on arrears. 60 Power to award damages on rent withheld without reasonable cause, or to defendant improperly sued for rent. L iab ility for ren t on change of landlords or after transfer of HOLDING 61 Tenant not liable to transferee of landlo rd’s interest for rent paid to former landlord without notice of the transfer. M erger 62 Effect of acquisition of privileged raiyal’s or occupancy raiyat's right by landlord. I rregular transfer of holdings 63 Transfer in contravention of the Act to Ire voidable and forfeiture of offending tenant’s interest. Illegal cesses, etc. 64 Penalty fot exaction of sum in excess of the rent lawfully payable. CH APTER VIII X ' M iscellaneous provisions as to landlords and tenants Ejectment 65 Ejectm ent in execution of a decree. I mprovements 56 Definition of “improvement”. 67 Right to make improvements. 4, 5 * rt Sections 68 Registration of landlord’s inp rov em ents. 69 Com pensation for tena nt ’s improvements. 70 Principle on which compensation is to be estimated. ACQU ISITION OF HO LDING BY LA NDL ORD 71 Acquisition of land by landlord. Surrend er and Abandonment 72 Su rren de r 73 Abandonment. Division 74 Division of tenancy not bind ing on co-sharer tenants or on landlord without consent. M easurement 75 Landlord’s rig ht to measure land. 76 Power of Revenue Court to order tenant to attend and point out boundaries. 77 Te na nt’s right to have the land measured in certain circumstances. 78 Standard of measurement. CH AP TE R IX P repara tion and M aintenance of R egord-of-R ights 79 Power to order preparation of record-of-rights for tenants. 80 Particulars to be recorded. 81 Preliminary publication, amendment and final publication of record - of-rights. 82 Certificate of, and presumption as to final publication, and presum p tion as to correctness, of lecord-of-rights. 83 Appeal to, and revision by, superior authorities. 6 Sections 84 Expenses of proceedings under this Chapter. 85 Power to direct maintenance of record-of-rights. 86 Procedure on app lication for registration or on information received otherwise. 87 Application to set aside order directing the registration. CH APTER X J udicial Procedure 88 Matters exempted from cognizance o f Civil Court. 89 Date from which ord er fixing or altering rent takes effect. 90 Jurisdiction of the Civil Court. 91 Power to modify Civil Procedure Code in its application to landlord and tenant suits 92 Procedure in rent suits. 93 Set-off in suits for arrears of rent. 94 Payment into court of money admitted to be due to third person. 95 Payment into court of money admitted to be due to landlord. 96 Provision as to payment of portion of money. 97 Court to grant receipt. 98 Appeals. 99 Lim itation of appeal. 100 Procedure of Appellate Court on appeal. 101 Suspension of orders appealed against. a 102 Power to call lor proceedings of subordinate officers. 103 Appeals in rent suits. , 104 Deposit on app lication to set asit e ex-parte decree- 105 Relief against forfeitures. 106 Rights of ejected tenants in respect of crops and land prepared for sowing. 7 CHAPTER XI Summary procedure for the R ecovery of Rents under the Bengal Public D emands R ecovery Act, 1913 Sections 107 Recovery of arrears of ren t under the certificate procedurer in certain areas. 108 Passing o f holding sold in execution of certificate. CH AP TE R XII Sale for arrears under decree 109 Sale of holding of a privileged raiyat or of an occupancy raiyat 'for atrears of rent. 110 General powers of purchaser as to avoidance o f incumbrances. 111 Protected interests. 112 Meaning of‘‘incumbrance” and “arrears” and “arrear of rent”. 113 Application for sale o f holding. 114 Combined order of attachm ent and proclamation o f sale to be issued. 115 Sale of holding with power to a^oid all incumbrances and effect thereof. 116 Procedure for annulling incumbrances under this chapter or under the Public Dema nds Recovery Act. 117 Rules for disposal of the sale proceeds. 118 Holding to be released from attachm ent only on payment into court of amount of decree with costs, or on confession of satisfaction by decree-holder. 119 Inferior tenant paying into court may deduct from rent. 120 Decree-holder may bid at sale : judgm ent-debtor may not. 121 Application to set aside sale. 122 Sale when to become absolute or be set aside, and return of pur chase monev in certain cases. 8 . s CH AP TE R X II I Contract and custom Sections 123 Restrictions on exclusion of Act by agreement. 124 Saving of custom. CH AP TE R XIV L imitation 125 Limitation in suits, appeals and applications in Schedule I. 126 Portions of the Indian Limitation Act not applicable to such suits etc., mentioned in Schedule I. CH APTER XV Supplemental 127 Penalties for illegal interference with produce. 128 Power to make rules. 129 Power to invest officers with special powers. 130 Revenue Court or Revenue Officer may transfer aoplications or other proceeding for disposal to any Revenue Court or officer subordinate to it or him. 131 Sale of holding of privileged or occupancy raiyat for recovery of loan granted under Land Improvem ent Loans Act, 1883, etc. Schedule I, Part I—Suits. Part II—Appeals. Part III—Applications. 9 TH E ASSAM 'TE MPO RA RILY -SET TL ED DIS TRIC TS) TENA NCY ACT, 1935 * An Act to regulate the relations of Landlord and Tenant in the temporarily-settled districts of the Province of Assam Whereas it is expedient to regulate by law the Preamble, rights and liabilities of agricultural tenants and their landlords in certain lands in the province of Assam not included in any permanently-set tied estate ; Geo Ch And whereas the previous sanction of the Govern- 61 ; 6 and 7 or-General has been obtained under sub-section (3) of Geo. 5. Ch. section BOA of the Government of India Act to the 3?; and lo passing of this A ct: Geo. 5, Ch., It is hereby enacted as follows:— CH APTER I P re liminar y