Amendment status not verified — confirm the current text below against the official source.
(1) Betterment charges shall be recoverable P ergons liable $0 poy from the person or personsrecordedas thB occupancy tenants or service tenants of the land : chargeA. Provided that where such tenant',pays produce rent to his immediate landlord, recorded as such a portion of the betterment charges equivalent to the fraction which the produce rent taken by the landlord bears to the total produce each year shall be recoverable from such landlord : Provided further that a service tenant shall pay only 75 per cent of the on the land, the other 25 per cent being payable by the person to whom the lands will •revert!on abolition of the service : Provided also that, a person in actual -cultiva. tion of the land on the date of the award under section 6 as a tenant or sub-tenant under},! an occupancy tenant or service tenant on payment of produce rent and protected against eviction under ony general or special for the time being in force or any practice, custom or usage having the force of law, shall be )iable to pay o part of the betterment chargeg in such proportion as the produce taken by such tenant or sub-tenant bears to the;total rproduce of the land during the year last precedinglthe date ot tho award. "Recorded" in this section shall mean "recorded on the land records of the Collector of the district on the date of the award under section 6" or where an application for change of record is pending on that date in the proper court the record as corrected in the final orders on the application ; Searchable PDF created by OCR.space (Free Version) (B)For the purposesof this sectionpersons whoare recorded4asi.tenants and whoserights are the sameasthose of occupancytenants or service tenants shall be:deemed to be occupancy tenants or servicetenants aslthe oasemay be. (2)Notwithstandinganything in sub-section(l) and subjectto any contract to the contrary where tenant holding any land on produce rent is evicted by his {immediate landlord in pursuance of amy law relating to land reforms or under any other law for the time being in force such landlord shall be liable, in addition to suchother payment ho may haveto make for such eviction, to pay to such tenant the portion of the betterment charges paid by him prior to the date of his eviction : Provided that nothing in this sub-section shall apply if the eviction of the tenant has taken place on of any default on the pært of the tenant in complying with the provisions of any such law as •aforesaid. 12b(l) Any personliable to pay the betterment Applioatiou fortransfe r chargesunder sectionII may apply to the prescribed Of authority in the manner prescribed for a declaration that on the date the betterment charge wasdue or any part of the same wasädueon on instalment fixed under section 7, his right or interest in the land has passedon to someother person and that such other person may be made liable for the dues. Such authority after hearing in the prescribedmanner the persons concerned may, if he finds that there has beena valid transfer, declare that suchother person or,personsshall be liable {br the*.bettermept charge or the balance thereof due on the SBid date. Ezplanation—For the purposesof this section— (i) The rights and interest of a person shall be deemed to have passedon to his immediate landlord if such person to hold or cultivate the land without there being a transfer of such right or interest to any other person. (ii) Transfer shall include all transfers whether by act of partiesor by operation of law or by virtue of any judgment, decree or order of any court or otherwise howsoever. Searchable PDF created by OCR.space (Free Version) Protection of land agginst 88.10 for arrears of better ment charges. Appeals 19 (2) The said authority may if he finds that any person liable to pay the betterment charge under section II is dead, hold an enquiry in the prescribed manner and determine the person or persons liable to discharge the liaoility as heirs and assignsof such persons ; if after such enquiry the said authority finds that some other person should have been rightly recorded as the tenant or landlord as being liable to pay the betterment charges or part thereof, in the plaee of tbe deceased on the date the betterment chargeor any part thereof, on an instalment fixed under section 7 had fallen due, the said authority shall after holding such further enquiry as may be prescribed and after giving the parties concerned an opportunity of being heard make a declaration accordingly. (3) A declaration under sub-section (l) or sub- section (2) as the case may be shall have the effect of passing on the liability for payment of the betterment charges or balance thereof under section II to the personor personsgodeclaNd äs boing liable.