61. Commutation of rent payable in kind - (1) When any tenure-holder or occupancy-Raiyat pay for a tenure or holding rent in kind [* * *] or at rates varying with the crop, or partly in one of those ways and partly in another, or partly in any of those ways and partly in money then the rent so payable shall not be altered, whether by private contract or otherwise, except on the application of either the tenant or his landlord to have the rent commuted to a money-rent.
(2)Such application may be made to the Deputy Commissioner or a Revenue Officer.(3)When any such application is made, the Deputy Commissioner or Revenue Officer may, after such inquiry as he thinks fit to make, determine the sum to be paid as money-rent, and may order that the tenant shall, in lieu of paying his rent in kind or otherwise as aforesaid pay the sum so determined.(4)In making the determination, the said officer shall have regard to-(a)the average money-rent payable by tenants for land of a similar description and with similar advantages in the vicinity;(b)the average net value of rent actually received by landlord during the preceding ten years, or during any shorter period for which evidence may be available;[Provided that in dealing with applications pending on the date on which the Chota Nagpur Tenancy (Amendment) Act, 1946 (Bihar Act 15 of 1946), comes into force or applications which may be made on and from that date and until such period as may be fixed by notification in this behalf by the [State] Government, the officer shall in making the determination have regard to the average value of the rent actually received by the landlord during the five year before the first day of Asin, 1947 Fasli or for any shorter period before the said date for which evidence may be available;](c)the special circumstances (if any) which gave rise to the assessment of the rent payable by the tenant at the date of the application;(d)the charges incurred by the landlord in respect of irrigation under the system of rent in kind, and the arrangements made on commutation for continuing those charges; and(e)improvements effected by the landlord or the tenant in respect of the [tenancy],and shall proceed in the prescribed manner.(5)The order shall be in writing and shall state the grounds on which it is made and the time from which is to take effect.(6)When any such order is made by the Deputy Commissioner, it shall be subject to appeal as provided in Chapter XV.(7)When any such order is made by a Revenue Officer, an appeal shall lie in the prescribed manner and to the prescribed officer.[(8) (a) If the landlord has applied under sub-section (1) and the tenure-holder or occupancy-Raiyat objects to the commutation of his rent to money-rent, the officer shall examine the grounds for the application and the objections thereto and may accept or refuse the application as he thinks fit:Provided that if he refuses the application, he shall record in writing his reasons for the refusal.(b)If any application of the landlord is accepted under clause (a), or if the landlord has applied under sub-section (1) and the tenure-holder or the occupancy-Raiyat agrees to the commutation of his rent to a money-rent or if the tenure-holder or the occupancy-Raiyat has applied under sub-section (1) the officer shall grant the application.][61A. Commutation of rents of occupancy holdings. - If the Governor by notification directs that there shall be commutation of the rents of the occupancy holdings or any class of occupancy holdings situated in any area, the rent of which is paid in kind or in any of the other ways mentioned in sub-section (1) of Section 61, the Deputy Commissioner may, on the application of the Raiyat or landlord of any such holding or of his own motion, determine the sum to be paid as money-rent for such holding and may order that the Raiyat shall, in lieu of paying his rent in kind or otherwise as aforesaid, pay the sum so determined.]
