79. Restrictions on exclusion of Act by agreement - (1) Nothing in any contract between a landlord and tenant made before or after the commencement of this Act shall,-
(a)bar in perpetuity the acquisition of an occupancy-right in land, or(b)take away an occupancy-right in existence at the date of the contract, or(c)entitle a landlord to eject a tenant otherwise than in accordance with the provisions of this Act.(2)Nothing in any contract made between a landlord and a tenant between the 1st January, 1903, and the commencement of this Act shall prevent a Raiyat from acquiring, in accordance with this Act, an occupancy right in land, not being landlord's privilege lands as defined in Section 118.(3)Nothing in any contract made between a landlord and a tenant after the commencement of this Act shall,-(i)prevent a Raiyat from acquiring, in accordance with this Act, an occupancy-right in land, or(ii)take away or limit the right of an occupancy 'Raiyat' to use land as authorised by Section 21, or(iii)take away the right of an occupancy 'Raiyat' to transfer his holding or any portion thereof subject to, and in accordance with, the provisions of this Act, or(iv)take away the right of an occupancy 'Raiyat' to apply for a reduction of rent under Section 34, or(v)affect the provisions of Section 58 relating to interest payable on arrears of rent, or(vi)take away the right of a tenant or landlord to apply for a commutation of rent under Section 61, or(vii)take away the right of a Raiyat to surrender his holding in accordance with Section 72:[Provided that when a landlord has converted waste land into 'korkar' and subsequently lets the same or a part thereof to a Raiyat on registered lease, nothing in this Act shall affect a condition of such lease whereby the 'Raiyat is prevented from acquiring an occupancy-right in the land or part during the period of twenty years from the date on which the landlord commenced to convert the land into 'korkar' if within the six months next preceding such commencement the landlord intimated to the Deputy Commissioner in manner prescribed his intention to covert the land into 'korkar', and satisfied him that it was then waste land.][79A. Restriction on payment of certain kinds of rent by agreement. - (1) Nothing in any contract, express or implied between a landlord and a tenure-holder or a 'Raiyat made before or after the commencement of the Chota Nagpur Tenancy (Amendment) Act, 1938 (Bihar Act 2 of 1938), shall entitle the landlord to rent on the estimated value of the whole or a portion of the crop or on the estimated produce of the whole or a portion of the tenure or holding of the tenure-holder or the 'Raiyat according to the system commonly known as 'Vanabandi'.(2)Where a tenure-holder or a 'Raiyat was, before the date on which Section 21 of the Chota Nagpur Tenancy (Amendment) Act, 1938 (Bihar Act 2 of 1938) came into force, liable to pay for his tenure or holding rent on the estimated value of the whole or a portion of the crop or on the estimated produce of whole or a portion of the tenure or holding, he shall, from and after the said date be liable to pay to the landlord rent in kind by division of the produce of the tenure or holding.
