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The Central Provinces Tenancy Act, 1898

Central

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

Act number
11 of 1898
Ministry
Ministry of Home Affairs
Department
Department of States
Enacted
21 Oct 1898

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

100 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Classes of tenants.
  4. Section 4Presumption as to amount of rent payable.
  5. Section 5Date from which order fixing rent operates.
  6. Section 6Time for payment of rents.
  7. Section 7Rents payable to a number of landlords.
  8. Section 8Power to deposit rent in certain cases with Revenue officer.
  9. Section 9Effect of depositing rent.
  10. Section 10Penalty for levy of anything in excess of rent by landlord.
  11. Section 11Presumption as to payments by tenant to landlord.
  12. Section 12Penalty for refusing receipt or giving defective receipt.
  13. Section 13Enhancement of rent when productive power of holding increased by landlord.
  14. Section 14Reduction of rent when effect of improvement ceases.
  15. Section 15Power to alter rent when holding is increased, diminished or deteriorated.
  16. Section 16Power to alter rent in case of new assessment.
  17. Section 17Commutation of rent payable in kind.
  18. Section 18Remission and suspension of rent consequent on like treatment of land-revenue.
  19. Section 19Commission for dividing or estimating crops.
  20. Section 20Appointment of assessors, etc.
  21. Section 21Remedy for error in division.
  22. Section 22Procedure when crop has been estimated or appraised.
  23. Section 23Definition of “produce of a holding.
  24. Section 24Power of landlord, by notice, to prohibit removal of produce.
  25. Section 25Effect of instituting suit for rent while notice is in force.
  26. Section 26Right to reap, etc., produce not affected.
  27. Section 27Content and service of notice; time for which it remains in force.
  28. Section 28Procedure when produce is under attachment.
  29. Section 29Conflict between rights of superior and inferior landlord.
  30. Section 30Penalty for illegal distraint by landlord, and for illegal removal of produce.
  31. Section 31Right to make improvements.
  32. Section 32Liability to pay to tenant on ejectment compensation for improvements.
  33. Section 33Assessment of compensation.
  34. Section 34Avoidance of provisions barring right to make, or be compensated for, improvements.
  35. Section 35Surrender of holdings.
  36. Section 36Surrender of occupancy-tenant’s holding.
  37. Section 37Tenant taking thika or farm.
  38. Section 38Provisions regarding tenant-right not applicable to tenant of land in reserved forests.
  39. Section 39Definition of absolute occupancy-tenant.
  40. Section 40Rents fixed for period of settlement.
  41. Section 41Right heritable and transferable after notice to landlord, who may claim to purchase.
  42. Section 42Absolute occupancy-tenant not liable to ejectement.
  43. Section 43Rent first charge on holding and holding saleable in execution of decree for arrears of rent.
  44. Section 44Definition of Occupancy-tenant.
  45. Section 45Accrual of occupancy-tenant-right in sir-land on transfer of right to occupy as proprietor.
  46. Section 46Devolution of occupancy-right.
  47. Section 47Rights of certain persons to apply to set aside transfers.
  48. Section 48Procedure on application.
  49. Section 49Rent of occupancy-tenant to be fixed at settlement.
  50. Section 50Fixation of rents during currency of settlement in Chanda, Nimar and Sambalpur.
  51. Section 51Enhancement during settlement in other districts.
  52. Section 52Grounds for ejectment.
  53. Section 53Tenant changing land in accordance with village-custom.
  54. Section 54Tenant changing land in other cases.
  55. Section 55Definition of “village-service-tenant”.
  56. Section 56Devolution and transfer of village-service-tenant’s right.
  57. Section 57Obligation of village-service-tenant to provide substitute.
  58. Section 58Grounds on which a village-service tenant may be ejected.
  59. Section 59Definition of sub-tenant.
  60. Section 60Tenure according to agreement.
  61. Section 61Power to declare sub-tenants in certain cases to have rights of ordinary tenants.
  62. Section 62Definition of “ordinary tenant”.
  63. Section 63Landlord’s right to recover rents determined at settlement as payable by ordinary tenants.
  64. Section 64Notice of enhancement to be served through Revenue-officer.
  65. Section 65Liability of tenant to ejectment in default of his agreeing to enhancement.
  66. Section 66Procedure in ejectment suit.
  67. Section 67Rent of ordinary tenant regulated by agreement.
  68. Section 68Fresh proceedings not to be taken for seven years.
  69. Section 69Grounds on which an ordinary tenant may be ejected.
  70. Section 70Devolution of ordinary tenancy.
  71. Section 71Right of certain persons to apply to set aside transfers.
  72. Section 72Procedure on application.
  73. Section 73Obligation of landlord to confer occupancy-rights on ordinary tenant.
  74. Section 74Power to direct that suits between landlords and tenants be entered in separate registers.
  75. Section 75Plaint in such suits.
  76. Section 76Legal Practitioners’ fees not allowed unless for special reasons.
  77. Section 77Set-off when allowed in suits for arrears.
  78. Section 78Procedure when ordinary tenant in suit pleads excessive rent.
  79. Section 79Tenants’ improvements how to be treated in fixing rents.
  80. Section 80Interest on arrears.
  81. Section 81No appeal in certain suits for arrears.
  82. Section 82Application for execution by sale of holding or by ejectment.
  83. Section 83Arrears decreed not to be on current year’s account.
  84. Section 84Procedure in execution by sale of holding.
  85. Section 85Procedure in execution by ejectment.
  86. Section 86Power of Court to deal with cases of drought or other calamity in suits for arrears.
  87. Section 87Relief against forfeitures.
  88. Section 88Rights of ejected tenants in respect of crops and land prepared for sowing.
  89. Section 89Payment by tenant for occupation of land under section 88.
  90. Section 90In suits for arrears all claims between landlord and tenant to be determined.
  91. Section 91Procedure when, on sale or ejectment, money is due by the land-lord to the tenant.
  92. Section 92Reinstatement of tenant illegally ejected.
  93. Section 93Applications to measure or ascertain condition of holdings.
  94. Section 94Limitation is suits under the Act.
  95. Section 95Jurisdiction of Civil Courts barred in certain cases.
  96. Section 96Procedure on applications to Revenue and Settlement Officers, and appeals from their orders.
  97. Section 97Jurisdiction of Civil Courts in suits between landlords and tenants.
  98. Section 98Recovery of fines and penalties.
  99. Section 99Power to Local Government to make rules.
  100. Section 100Repeals.