Central Provinces Tenancy Act, 1898

The Central Provinces Tenancy Act, 1898

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act ID:	189811
Act Number:	11
Enactment Date:	1898-10-21
Act Year:	1898
Short Title:	The Central Provinces Tenancy Act, 1898
Long Title:	An Act to consolidate and amend the Law relating to Agricultural Tenancies in the Central Provinces.
Ministry:	Ministry of Home Affairs
Department:	Department of States
Enforcement Date:	21-10-1898

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Show all section The Central Provinces Tenancy Act, 1898

CHAPTER I

PRELIMINARY

CHAPTER II

OF TENANTS GENERALLY. A.-Classification of Tenants
B.-Provisions relating to Rent.
C.--- Commissions for dividing or estimating crops.
D.--- Of the Landlord’s Lien on the Produce of a Holding
E.--- Of Improvements and Compensation therefor.
Miscellaneous

CHAPTER III

OF ABSOULTE OCCUPANCY-TENANTS.

CHAPTER IV

OF OCCUPANCY-TENANTS.

CHAPTER V

OF VILLAGE-SERVICE-TENANTS

CHAPTER VI

OF SUB-TENANT

CHAPTER VII

OF ORDINARY TENANTS.

CHAPTER VIII

JURISDICTION AND PROCEDURE.

CHAPTER IX

SUPPLEMENTAL


Section 1. Short title, extent and commencement.
Section 2. Definitions.
Section 3. Classes of tenants.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Section 99. Power to Local Government to make rules.
Section 100. Repeals.

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