Bare Acts

The Central Provinces Tenancy Act, 1898

An Act to consolidate and amend the Law relating to Agricultural Tenancies in the Central Provinces.

English PDF

Act Details

Act Number:

Act Year:

1898

Location:

Enactment Date:

10/21/1898

Enforcement Date:

21-10-1898

Ministry:

Ministry of Home Affairs

Department:

Department of States

All Section List

PRELIMINARY

Section 1 to Section 2

Section 1

Short title, extent and commencement.

Section 2

Definitions.

OF TENANTS GENERALLY. A.-Classification of Tenants

Section 3

Classes of tenants.

B.-Provisions relating to Rent.

Section 4 to Section 18

Section 4

Presumption as to amount of rent payable.

Section 5

Date from which order fixing rent operates.

Section 6

Time for payment of rents.

Section 7

Rents payable to a number of landlords.

Section 8

Power to deposit rent in certain cases with Revenue officer.

Section 9

Effect of depositing rent.

Section 10

Penalty for levy of anything in excess of rent by landlord.

Section 11

Presumption as to payments by tenant to landlord.

Section 12

Penalty for refusing receipt or giving defective receipt.

Section 13

Enhancement of rent when productive power of holding increased by landlord.

Section 14

Reduction of rent when effect of improvement ceases.

Section 15

Power to alter rent when holding is increased, diminished or deteriorated.

Section 16

Power to alter rent in case of new assessment.

Section 17

Commutation of rent payable in kind.

Section 18

Remission and suspension of rent consequent on like treatment of land-revenue.

C.--- Commissions for dividing or estimating crops.

Section 19 to Section 22

Section 19

Commission for dividing or estimating crops.

Section 20

Appointment of assessors, etc.

Section 21

Remedy for error in division.

Section 22

Procedure when crop has been estimated or appraised.

D.--- Of the Landlord’s Lien on the Produce of a Holding

Section 23 to Section 30

Section 23

Definition of ?produce of a holding.

Section 24

Power of landlord, by notice, to prohibit removal of produce.

Section 25

Effect of instituting suit for rent while notice is in force.

Section 26

Right to reap, etc., produce not affected.

Section 27

Content and service of notice; time for which it remains in force.

Section 28

Procedure when produce is under attachment.

Section 29

Conflict between rights of superior and inferior landlord.

Section 30

Penalty for illegal distraint by landlord, and for illegal removal of produce.

E.--- Of Improvements and Compensation therefor.

Section 31 to Section 34

Section 31

Right to make improvements.

Section 32

Liability to pay to tenant on ejectment compensation for improvements.

Section 33

Assessment of compensation.

Section 34

Avoidance of provisions barring right to make, or be compensated for, improvements.

Miscellaneous

Section 35 to Section 38

Section 35

Surrender of holdings.

Section 36

Surrender of occupancy-tenant?s holding.

Section 37

Tenant taking thika or farm.

Section 38

Provisions regarding tenant-right not applicable to tenant of land in reserved forests.

OF ABSOULTE OCCUPANCY-TENANTS.

Section 39 to Section 43

Section 39

Definition of absolute occupancy-tenant.

Section 40

Rents fixed for period of settlement.

Section 41

Right heritable and transferable after notice to landlord, who may claim to purchase.

Section 42

Absolute occupancy-tenant not liable to ejectement.

Section 43

Rent first charge on holding and holding saleable in execution of decree for arrears of rent.

OF OCCUPANCY-TENANTS.

Section 44 to Section 54

Section 44

Definition of Occupancy-tenant.

Section 45

Accrual of occupancy-tenant-right in sir-land on transfer of right to occupy as proprietor.

Section 46

Devolution of occupancy-right.

Section 47

Rights of certain persons to apply to set aside transfers.

Section 48

Procedure on application.

Section 49

Rent of occupancy-tenant to be fixed at settlement.

Section 50

Fixation of rents during currency of settlement in Chanda, Nimar and Sambalpur.

Section 51

Enhancement during settlement in other districts.

Section 52

Grounds for ejectment.

Section 53

Tenant changing land in accordance with village-custom.

Section 54

Tenant changing land in other cases.

OF VILLAGE-SERVICE-TENANTS

Section 55 to Section 58

Section 55

Definition of ?village-service-tenant?.

Section 56

Devolution and transfer of village-service-tenant?s right.

Section 57

Obligation of village-service-tenant to provide substitute.

Section 58

Grounds on which a village-service tenant may be ejected.

OF SUB-TENANT

Section 59 to Section 61

Section 59

Definition of sub-tenant.

Section 60

Tenure according to agreement.

Section 61

Power to declare sub-tenants in certain cases to have rights of ordinary tenants.

OF ORDINARY TENANTS.

Section 62 to Section 73

Section 62

Definition of ?ordinary tenant?.

Section 63

Landlord?s right to recover rents determined at settlement as payable by ordinary tenants.

Section 64

Notice of enhancement to be served through Revenue-officer.

Section 65

Liability of tenant to ejectment in default of his agreeing to enhancement.

Section 66

Procedure in ejectment suit.

Section 67

Rent of ordinary tenant regulated by agreement.

Section 68

Fresh proceedings not to be taken for seven years.

Section 69

Grounds on which an ordinary tenant may be ejected.

Section 70

Devolution of ordinary tenancy.

Section 71

Right of certain persons to apply to set aside transfers.

Section 72

Procedure on application.

Section 73

Obligation of landlord to confer occupancy-rights on ordinary tenant.

JURISDICTION AND PROCEDURE.

Section 74 to Section 98

Section 74

Power to direct that suits between landlords and tenants be entered in separate registers.

Section 75

Plaint in such suits.

Section 76

Legal Practitioners? fees not allowed unless for special reasons.

Section 77

Set-off when allowed in suits for arrears.

Section 78

Procedure when ordinary tenant in suit pleads excessive rent.

Section 79

Tenants? improvements how to be treated in fixing rents.

Section 80

Interest on arrears.

Section 81

No appeal in certain suits for arrears.

Section 82

Application for execution by sale of holding or by ejectment.

Section 83

Arrears decreed not to be on current year?s account.

Section 84

Procedure in execution by sale of holding.

Section 85

Procedure in execution by ejectment.

Section 86

Power of Court to deal with cases of drought or other calamity in suits for arrears.

Section 87

Relief against forfeitures.

Section 88

Rights of ejected tenants in respect of crops and land prepared for sowing.

Section 89

Payment by tenant for occupation of land under section 88.

Section 90

In suits for arrears all claims between landlord and tenant to be determined.

Section 91

Procedure when, on sale or ejectment, money is due by the land-lord to the tenant.

Section 92

Reinstatement of tenant illegally ejected.

Section 93

Applications to measure or ascertain condition of holdings.

Section 94

Limitation is suits under the Act.

Section 95

Jurisdiction of Civil Courts barred in certain cases.

Section 96

Procedure on applications to Revenue and Settlement Officers, and appeals from their orders.

Section 97

Jurisdiction of Civil Courts in suits between landlords and tenants.

Section 98

Recovery of fines and penalties.

SUPPLEMENTAL

Section 99 to Section 100

Section 99

Power to Local Government to make rules.

Section 100

Repeals.