Chapter III. Tenure-Holders (CNT Act 1908) – Excerpts

Chapter III. Tenure-Holders
Tenure-holders when not liable to enhancement of rent:
No tenure-holder who holds his tenure (otherwise than under a terminable lease) at a fixed rent which has not been changed from the time of the Permanent Settlement shall be liable to any enhancement of such rent, anything in the Bengal Decennial Regulation, 1793, section 51, or in any other law, to the contrary notwithstanding.
Under the provisions of section 51, Regulation VIII of 1793, a zamindar cannot increase the rent of shikmi Taluks or tenures unless on proof that he is entitled to do so-
(a)    by a special custom of the district; or
(b)    by the conditions under which the taluk or tenure is held; or
(c)   on proof that the talukdar or tenure-holder has by receiving abatements, from his joma, subjected himself to increase, and that the lands are capable of affording it.
Permanent tenure-holders holding tenures at a fixed rent from the time of the Permanent Settlement are declared to be not liable to pay any enhancement.
No Bhuinhar whose lands are entered in any register prepared and confirmed under the Chota Nagpur Tenures Act, 1869, shall be liable to any enhancement of the rent of his tenure.
Annulment of encumbrances on resumption of resumable tenures:
(1)Upon the resumption of a resumable tenure, every lien, sub-tenancy, easement or any other right or interest created, without the consent or permission of the grantor or his successor in interest, by the grantee or any of his successors, on the tenure, or in limitation of his own interest therein, shall be deemed annulled, except the following, namely:-
(a) any lease of land whereupon a dwelling-house, manufactory or other permanent building has been erected or a permanent garden, plantation, tank, canal, place of worship or burning or burying ground has been made or wherein a mine has been sunk under lawful authority;
(b) any right of a raiyat or cultivator in his holding or land, as conferred by this Act or by any local custom or usage;
(c) any right to hold land occupied by the sacred grove;
(d) any Mundari khuntkattidari tenancy; and
(e) any right of a headman of a village or group of village (whether known as Manki or Pradhan or Majhi or otherwise) in his office or land.
(2)Resumable tenures of the kind referred to are generally those which are created on the condition that they will revert to the grantor or his successors, on failure of legitimate male heirs of the original grantee in the male line. They are known locally as Putra Putradik grants.
Other resumable tenures are life grants (Hinhiyat), and maintenance grants (Khorposh) to the landlord’s brothers or other near relatives.
The sacred groves referred to are the “Sarnas” of the aboriginal tribes. In these the village Pahan or priests usually celebrates the worship of the presiding village deities. The Sarnas or groves are the property of the village community, and by village custom, neither the landlord nor the raiyats can cut the trees appertaining thereto.

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