Chota Nagpur Tenure-Holders' 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 expedient 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 the 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, 19081, 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 otherwise 

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 Commissioner 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 application 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 rent 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 Commissioner 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[* *  *] section 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 not 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 shall 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. Penalty 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.