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Chota Nagpur Division - Section

Section 85 in Chota Nagpur Tenancy Act, 1908

85. Settlement of fair rent - (1) In every area in respect of which a survey [is being or has been made] and a record-of-rights [is being or has been prepared] under Section 80, the Revenue Officer may settle fair rents in respect of any land held by a tenant.

(2)Settlements of rents may be made under sub-section (1) either,-
(i)on the application of any landlord or tenant, or
(ii)without such application, if the [State] Government so directs.
[Explanation. - A superior landlord may apply for a settlement of rents, notwithstanding that his estate or tenure or part thereof is held by a temporary lessee or by a tenant, who holds on a rent which varies with the rent payable by the Raiyats under him.]
(3)Such settlements shall ordinarily be made after the final publication of the record-of-rights, and shall not in any case be made on the application of a landlord or tenant after such final publication, unless such application be made within [three] months from the date of the certificate of such final publication; but may in any case be made before such publication,-
(a)with the consent of the parties concerned, or
(b)if the Revenue Officer considers that, that course would, in the circumstance, be advisable.
(4)Whenever a settlement of rents [is made under this Section] reasonable notice shall first be given to the parties concerned, and an appeal shall lie, in the prescribed manner and to the prescribed officer, from such settlement.
(5)For the purpose of settling rents under this Section, the Revenue Officer shall have regard to such rules as may be made in this behalf under Section 264.