The Chota Nagpur Tenure-Holder s Rent Account Act, 1929

 
Chota Nagpur Tenure-Holder’s Rent Account Act, 1929 
 (Bihar & Orissa Act 1 of 1929) 
       18th may, 1929 
 An Act to protect the interest of sharers in permanent tenures 
from sale by reason of the default of their co-sharers. 
-Preamble.- Whereas it is exp edient to give to certain share holders 
in permanent tenures the means of protecting their shares from sale 
by reason of the failure of their co-sharers to pay rent of the tenure; 
It is hereby enacted as follows:- 
1. Short title . - This act may be called t he Chota Nagpur Tenure 
Holders’ Rent Account Act, 1929. 
2. Extent.- It extends to those areas of the Chota Nagpur Division in 
which the Chota Nagpur Tenancy Act, 1908 1, is for the time being in 
force. 
3. Commencement.- It shall come into operation only on such date 
and subject to such exceptions and modifications, if any, as the  2 
[State] Government may by notification direct. 
4. Definitions.- In this Act, unless there is anything repugnant in the 
subject or context,- 
3(a)  ‘registered co-sharer’ means a co-sharer in a tenure whose 
name has been registered in the office of the landlord under Section 
11 of the Chota Nagpur Tenancy Act, 1908, or who is deemed to be 
registered under section 12 of the said Act; 
(b) resumable tenure’ means a tenure which is held subject to 
the condition that it shall lapse to estate of the grantor and be 
resumable by him or his successor in title on failure of male heirs of 
the body of the original grantee in the male line; and] 
(c) Words and expressions’ use in this Act and not o therwise 
defined have the same meanings respectively as in the Chota Nagpur 
Tenancy Act, 1908. 
5. application by co -sharer in permanent tenure. - (1) Registered co -
share holding any share in a permanent (including resemble) renure 
may aaply to the Deputy Co mmissioner for an order that the 
landlord shall open a separate account of the rent payable in respect 
of his share. 
2. An application under sub-section (1) may be made by any number 
of co -sharers, each specifying in the application his share in the 
tenure in respect of which separate account is required to be 
opened; and the provisions of sections 140 and 141 of the Chota 
Nagpur Tenancy Act, 1908, shall apply to such collective application. 
6.(1) On receipt of the application the Deputy Commissioner shall 
require the landlord of the tenure concerned to furnish within three 
months a list of all registered co-sharers in the said tenures. 
(2) On receipt of such list the Deputy Commissioner shall fix a date 
for hearing the application, and cause notice of the a pplication and 
of the date fixed for the hearing thereof to be served on the landlord 
and on each of the registered co -sharers of the aforesaid tenure and 
to be published in such places and in such manner as may be 
prescribed by rules made under this Act. 
7. Objection by Interested person . - On the date fixed, or on 
any subsequent date permitted by the Deputy Commissioner, any 
person claiming to have an interest which will be affected by the 
grant of the application may present an objection to the Deputy 
Commissioner. 
8. Inquiry by Deputy Commissioner. - (1) The Deputy 
Commissioner, after hearing the application and considering any 
objections that have been made, and after such further inquiry as he 
deems necessary may 1[subject  to the provisions of sub-Section (1-a) 
make an order declaring the rent payable in respect of the  2[share of 
the applicant]. 
1[(1-a) The amount which may be declared under sub -section 
(1) as rent payable in respect of the share of the applicant in the 
tenure shall bear to the total re nt payable in respect of the tenure 
the same proportion as the annual value of the assets comprised in 
such share last determined under Cess Act, 1880, bears to the annual 
value of the assets comprised in tenure determined as aforesaid.] 
(2) Such order shall take effect from the Commencement of the 
agricultural year next following.  
(3) If on hearing any objection the Deputy Commissioner is of 
opinion that no order can be passed without the determination of a 
question of title, he may stop the proceeding and refer the parties to 
the Civil Court for a decision on such question. 
(4) The costs of any inquiry held under-section (1) and the costs 
of the hearing of the application shall be borne by the applicant for a 
separate account unless the Deputy Commissione r directs that such 
costs shall borne by any other party to the proceedings, or partly by 
such other party any partly by the applicant or separate account. 
9. Appeal.- (1) Any person aggrieved by an order of the Deputy 
Commissioner passed under 3[* *  *] s ection 8 may appeal within 
one month to the prescribed authority]. 
(2) The order of 4[the prescribed authority] on any appeal, or, 
in the absence of an appeal, the order of the Deputy Commissioner, 
shall be final 5[for the purposes of the Act, buy shall no t affect any 
question of title.] 
3[*] 
10. Effect of order under section 8 or section 9. - When an 
order is passed by the Commissioner under sub -section (1) or by 
4[the prescribed authority] under section9, the landlord shall, from 
the date on which the order takes effect, upon a separate account in 
the name of the applicant for a separate account. 
4[11. Fees payable to landlord.- (1) When any separate account 
has been opened, the landlord shall be entitled to levy - 
(a) a registration fee of two per centum on the annual rent of 
the share in respect of which such account has been 
opened; and        . 
(b) annual fee for the maintenance of additional 
establishment at the rate mentioned in clause (a) : 
Provided that no fee payable under clause (a) or clause (2) shall be 
less than one rupee. 
 (2) Any amount which is payable under this section shall be 
recoverable as if it were rent. 
12. Exclusion of share c 
 
overed by separate account from sale.- 
When the holder of a separate account has paid of the rent due in 
respect of his share of 1[a tenure for which such account has been 
opened under this Act, the landlord shall, in execution of a decree or 
certificate for arrears of rent due in respect of the tenure, exclude 
such share from his application for sale and such share sha ll not be 
included in the notice of sale issued under section 208 of the Chota 
Nagpur Tenancy Act, 1908 or in the proclamation of sale issued in 
execution of the certificate, as the case may be.  
13. Entire tenure when liable to sale. - If highest offer for  the 
share exposed to sale under section 12 shall be less than the sale 
amount of rent due there from to the date of sale, the officer in -
charge shall stop the sale and shall, on the petition of the landlord, 
declare, the entire will be put up to sale for arrears of rent at a future 
date to be specified, notice notice of which shall be given to each of 
the registered co-sharers.  
14. Sale of entire tenure. - If the amount necessary to prevent 
the sale is not paid into Court the entire tenure shall be sold on  the 
date specified under section 13. 
15. Application of Chota Nagpur Tenancy Act, 1908. - All the 
provision of the chota Nagpur Tenancy Act, 1908 relating to the sale 
of tenures in execution of a decree or a certificates for arrears of 
rent, shall, subject  to the provisions of this Act, apply to the sale of 
tenures under this Act, and all other provisions of the Chota Nagpur 
Tenancy Act, 1908, which are not inconsistent with the provisions of 
this Act, shall apply to tenures referred to in this Act. 
16. Pen alty for failure to furnish list of co -sharers.- Any 
landlord who, on being required to do so by the Deputy 
Commissioner under section 6, refuses or without reasonable cause 
neglects to furnish list of co -charers of a tenure in due time, shall be 
punishable with fine which may extend to fifty rupees, and with a 
further fine which may extend to five  rupees for each day after 
conviction during which the default continues. 
17. Power to make rules.- (1) The Board of Revenue may make 
rules for carrying out the purposes of this Act. 
(2) In particular and without prejudice to the generality of sub -
section (1), the Board of Revenue may make rules prescribing- 
(a) The form and contents of any application, notice or objection 
under this Act; 
(b) The manner and place of service of notice under section 6; and 
(c) The procedure to be followed by the Deputy Commissioner in 
making inquiries under sub-section (1) of section 8. 

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