Table of Contents

General Provisions as to Rent

Presumptions as to fixity of rent [ section – 51 A]

(1) If a tenure-holder, village headman, or Raiyat, along with their previous holders, has kept the same rent since the permanent settlement, their rent cannot be raised unless the area of the tenancy changes.

(2) If it is shown that a tenure-holder, village headman, or Raiyat has kept the same rent for the twenty years before a legal case, it will be assumed they have held that rent since the permanent settlement, unless local laws require them to register their tenancy by a certain date.

(3) This rule still applies to land held by a Raiyat, even if the land has been divided or combined with other land.

(4) These rules do not apply to rented land that has a set term or that can be ended by the landlord at any time.

Once the information in Section 81, clauses (b) and (k) is recorded for a tenancy under Chapter XII or the Bengal Tenancy Act, 1885, the assumption in this rule will no longer apply to that tenancy.

Bihari Lal vs. State of Jharkhand,

the court noted that the fixity of rent under Section 51A is meant to prevent exploitation and ensure security of tenure for tenants. It concluded that any increase in rent must adhere to legal standards and not be arbitrary.

Deposit of rent in the Court of Deputy Commissioner [ section – 55]

A tenant can deposit rent in court instead of paying the landlord directly in these situations:

(a) If the tenant tries to pay the rent but the landlord or their agent refuses to accept it or give a receipt.

(b) If the tenant has had rent payments refused or receipts denied before, making them believe the landlord or their agent will do it again.

(c) If the rent is owed to multiple co-sharers, and the tenant cannot get all co-sharers to sign a receipt, nor is there anyone authorized to collect the rent.

(d) If the tenant is unsure who has the right to receive the rent.

In these cases, even if there is a legal issue, the tenant can deposit the total amount they think is due into the court of the Deputy Commissioner that handles rent cases. This deposit will count as a payment made to the landlord for the tenant and anyone acting on their behalf.

Procedure on receipt of deposit and payment of same [ section – 56]

(1) When a tenant or their agent submits a written application and required form, the Deputy Commissioner will accept the deposit and issue a receipt.

(2) After receiving the deposit, the Deputy Commissioner will promptly notify the landlord.

(3) If someone claims the deposited money and asks for payment, the Deputy Commissioner may pay them if they appear to have a valid claim or hold the money until a Civil Court decides.

(4) The deposit can be refunded to the depositor unless a Civil Court says otherwise, under these conditions:

(a) The Deputy Commissioner can refund within three years after notifying the landlord and allowing objections.

(b) After three years, the depositor can request a refund anytime.

Limitation of suit or application for rent due prior to deposit [section – 57]

Once the Deputy Commissioner receives a deposit, no legal action can be taken against the person who made the deposit, or their representative, regarding any unpaid rent from before the deposit date. This means that no lawsuits or requests for a certificate under Section 244 will be accepted unless the action is initiated within six months from when the notice under Section 56 about the deposit was served.

Arrears of Rent

What to be deemed arrear of rent : interest on arrears [ section – 58]

If you don’t pay your rent by sunset on the due date, it is considered overdue. If the State Government is your landlord, rent unpaid by the end of the agricultural year is also overdue. Overdue rent incurs interest of up to six and a quarter percent per year. If you pay all your rent within the year after it’s due, the interest will be limited to three percent.

Ejectment of tenure-holder and cancellation of lease for arrears [ section – 59]

If a tenant who does not have permanent or transferable rights to the land owes rent, their lease can be canceled, and they may be evicted. However, this can only happen through a court order.

Arrear of rent to be first charge on tenancy [ section – 60]

Rent is considered the first priority on the tenancy. If the tenancy is sold because of unpaid rent, the new owner will not be responsible for any rent owed before the sale. However, any unpaid rent from that period will still take priority over the sale proceeds.

Commutation of Rent payable in kind [ section – 61]

(1) If a tenant pays rent in kind (like crops) or at rates that change based on the crop, or a mix of these and money, the rent cannot be changed unless the tenant or landlord asks for it to be changed to a money-rent.

(2) This request can be sent to the Deputy Commissioner or a Revenue Officer.

(3) When an application is made, the Deputy Commissioner or Revenue Officer will investigate as needed and decide the money-rent amount. They will then order the tenant to pay this amount instead of the rent in kind or other methods.

(4) In making their decision, the officer will consider:

(a) The average money-rent for similar land nearby.

(b) The average rent received by the landlord over the last ten years or a shorter period if that evidence is available. Special rules apply for any applications pending as of the Chota Nagpur Tenancy (Amendment) Act, 1946.

(d) The costs the landlord incurs for irrigation under the rent-in-kind system and future arrangements for these costs.

(e) Any improvements made by either the landlord or tenant regarding the tenancy.

(5) The written order will state the reasons for the decision and when it will take effect.

(6) Tenants can appeal orders made by the Deputy Commissioner according to the rules in Chapter XV.

(7) When a Revenue Officer issues an order, tenants can appeal in the prescribed way to the appropriate officer.

(8) (a) If the landlord asks to change the rent and the tenant disagrees, the officer will review both sides before deciding. If the officer denies the request, they must explain the reasons in writing.

(b) If the officer accepts the landlord’s request to change the rent or if the tenant agrees to the change, the officer will grant the application.

Commutation of rents of occupancy holdings [ section – 61 A]

If the Governor announces that rents for occupancy holdings can be changed, specifically for those holdings where rent is paid in kind or in other ways as mentioned in subsection (1) of Section 61, the Deputy Commissioner can determine the money-rent for those holdings. This can happen if the Raiyat (tenant) or landlord requests it, or if the Deputy Commissioner decides to take action on their own. Once the money-rent is determined, the Deputy Commissioner will instruct the Raiyat to pay this amount instead of the previous in-kind or alternative payment methods.

Period of which commuted rents are to remain unaltered [ section – 62]

If the rent for a tenure or holding has been changed under Section 61:

(1) It cannot be increased for 15 years, unless:

(a) The Deputy Commissioner approves an increase due to improvements made by the landlord or changes in the area of the holding, or

(b) A Revenue Officer authorizes an increase according to Chapter XII;

(2) The rent cannot be reduced for 15 years, unless:

(i) The Deputy Commissioner approves a reduction for specific reasons listed in clauses (c), (d), and (f) of Section 33-A, or

(ii) A Revenue Officer authorizes a reduction according to Chapter XII.

There are penalties for charging illegal fees or for charging more than the agreed rent or local tax.

Penalty on landlord for levying anything in excess of rent including local cess or of lawful praedial conditions [ section – 63 ]

If a landlord or their agent charges a tenant more than the legal rent or enforces demands they aren’t allowed to, they can face penalties like up to six months in prison, a fine of up to five hundred rupees, or both.

This offense is serious; it can be addressed quickly, and the accused can get bail. It can also be settled with court approval.

If a local tax exceeds the allowed amount set by the Cess Act, 1880, it is unlawful. Contracts requiring payment of excessive amounts made after October 13, 1880, are invalid, with some exceptions for specific tenants and landlords.

If a court suspects a landlord or agent of wrongdoing, they must inform the Deputy Commissioner, who can manage the case or refer it to a lower magistrate for trial.

Chotanagpur Tenancy Act 1908 Notes Chotanagpur Tenancy Act 1908 Notes Chotanagpur Tenancy Act 1908 Notes

General Provisions as to Rent

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General Provisions as to Rent