Amendment status not verified — confirm the current text below against the official source.
Cultivating tenants not to be evicted.- Subject to the provisions of sections 7, 15 (2) and 19 no cultivating tenant under any public trust shall be evicted from his holding or any part thereof by or at the instance of the public trust. Explanation.- In this section, ―holding‖ means the parcel or parcels of land held by any person as a cultivating tenant. *19. Public trust may evict cultivating tenant in certain cases.- (1) Any public trust may evict any cultivating tenant- (a) who, if in arrear on the date of the commencement of this Act with respect to the rent payable to the public trust, does not pay such rent within a month after such date, or who, in respect of the rent payable to the public trust after the date of the commencement of this Act, does not pay such rent within a month after such rent becomes due; or (b) (i) who has done any act or has been guilty of any negligence which is destructive of, or injurious to, the land or any crop thereon, or ____________________________________________________________________ *See Table of Amendments (ii) who has altogether ceased to cultivate the land; or (c) who has used the land for any purpose not being an agricultural purpose; or (d) who has contravened consecutively for two crops the provisions of sub-section (1) or (2) of section 27; or (e) who has willfully denied the title of the public trust to the land. Explanation- A denial of the public trust‘s title under a bona fide mistake of fact is not willful within the meaning of this clause. (2) (a) A cultivating tenant under any public trust, may deposit before the authorized officer the rent, or if the rent be payable in kind, its market value on the date of deposit, to the account of the public trust- (i) in the case of rent in arrear on the date of the commencement of this Act, within a month after such date; (ii) in the case of rent accrued due after the date of the commencement of this Act, within a month after the date on which the rent accrued due. (b) The authorized officer shall cause notice of the deposit to be issued to the trustee of the public trust and determine, after a summary enquiry, whether the amount deposited represents the correct amount of rent due from the cultivating tenant. If the authorized officer finds that any further sum is due, he shall allow the cultivating tenant such time as he may consider just and reasonable having regard to the relative circumstances of the public trust and the cultivating tenant for depositing such further sum inclusive of such costs as the authorized officer may allow. If the authorized officer adjudges that not further sum is due, or if the cultivating tenant deposits within the time allowed such further sum as is ordered by the authorized officer, the cultivating tenant shall be deemed to have paid the rent within the period specified in clause (a) of sub-section (1). If having to deposit a further sum, the cultivating tenant fails to do so within the time allowed by the authorized officer, the trustee of the public trust may evict the cultivating tenant as provided in sub-section (3). (3) (a) The trustee of every public trust seeking to evict a cultivating tenant falling under sub-section (1) shall, whether or not there is an order or decree of a Court for the eviction of such cultivating tenant, make an application to the authorized officer. (b) On receipt of such application, the authorized officer shall, after giving reasonable opportunity to the trustee of the public trust and the cultivating tenant to make their representations, hold a summary enquiry into the matter and pass an order either allowing the application or dismissing it and in a case falling under clause (a) of sub-section (1) in which the cultivating tenant had not availed of the provisions contained in sub-section (2), the authorized officer may allow the cultivating tenant such time as he considers just and reasonable having regard to the relative circumstances of the public trust and the cultivating tenant for depositing the arrears of rent payable under this Act inclusive of such costs as he may direct. If the cultivating tenant deposits the sum as directed, he shall be deemed to have paid the rent under clause (b) of sub-section (2). If the cultivating tenant fails to deposit the sum as directed, the authorized officer shall pass an order for eviction: Provided that the authorized officer shall not direct the cultivating tenant to deposit such arrears of rent as have become time barred under any law of limitation for the time being in force.