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State of Jharkhand - Section

Section 26 in The Chota Nagpur Tenancy Act, 1908

26. Commutation of rent.

(1)An application under Section 61 for commutation of rent payable by an occupancy-raiyat must contain the following particulars,-
(i)
(a)when a record-of-rights has been prepared, the plot numbers, local names, quality, boundaries and area of each of the parcels of land constituting the holding, as entered in the record-of-rights;
(b)when a record-of-rights has not been prepared, a statement of the parcels of land constituting the holding, the local name and boundaries of each parcel, the different qualities in each parcel, and the number of plots and the area of each different quality in each parcel.
Illustration to clause (b). - Name of tenant, Birsingh Munda :
  Acres
1st parcel of land; North-Sanre Munda 5 plots-Winter rice 3.13
Name-Pundidiri South-Sanichar Uraon 4 plots-Autumn rice 1.49
Loyung East-Bakast Malik 9 plots-Early rice 2.36
West-Thepa Munda
Explanation to clause (b). - (i) The area must be given in acres and decimals when these are known, otherwise, in the measures locally prevalent;
(ii)the existing rent (including, if they are legally renderable rakumats and begari) and the proposed inclusive money rent;
(iii)the rates of money-rent payable by tenants for land of a similar description and with similar advantages in the vicinity; and
(iv)the names and addresses of the rent-receivers of the holdings.
(2)(1) The officer who inquires into the applications shall give notice to the opposite party of the date fixed for the hearing of the application and the date fixed for the local inquiry (if any).
(2)A local inquiry shall be held, unless the application refers to an area for which a record-of-rights is under preparation or has recently been prepared, and unless such record-of-rights shows the classification of the land in sufficient detail for the purpose of commutation proceedings.
(3)Where no record-of-rights exists, the said officer may require the lands to be measured and classified by competent agency.
(4)After making the local inquiry (if any), and taking such evidence as may be tendered by the parties or as may be necessary for the disposal of the application, the said officer may determine the sum to be paid as money-rent.
(3)(1) When several applications from one village are being inquired into simultaneously, it shall not suffice merely to fix general rates; but the incidence of such rates on each holding must be separately considered, and the rates must be modified, if necessary, according to the particular circumstances of each holding.
(2)The rent fixed on each holding must be explained by the officer to both landlord and tenant.
(4)When a record-of-rights is being made, any number of tenants, occupying land under the landlord, whose interest is recorded in the same khewat entry in the same village, may, with the consent of the said officer, make a joint application for commutation of produce rents, or may, with the like consent, be joined as defendants in the same proceedings on a similar application by the landlord :Provided that if at any time, it appears to the said officer that the question between any two of the parties, one of whom is so joined with others, cannot conveniently be jointly inquired into, he may order a separate inquiry to be held as to that question, or he may pass such order, for the joint or separate disposal of the application, as he may think fit.