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State of Jharkhand - Section

Section 5 in The Chota Nagpur Tenancy Act, 1908

5. [ Recovery of possession of their holdings by tenants under Sections 46(4),46(4A) and Section 73(3). [Substituted by GSR 1, dated 5.1.1972.]

(1)Whenever the Deputy Commissioner determines to put a raiyat into possession of his holding or a portion thereof under sub-section (4) of Section 46 of the Act, or to restore an occupancy -raiyat to possession of his holding or a portion thereof under sub-section (4A) of Section 46 or to restore an occupancy-raiyat to possession of his holding under sub-section (3) of Section 73, he shall issue a warrant to the Head Bailiff of his Court, directing him to cause possession of the holding or portion thereof to be given to the raiyat.
(2)The substance of the warrant shall be proclaimed by a Bailiff of the said Court by beat of drum,-
(a)in the village in which the land is situate, and also in some conspicuous places on the land itself, and
(b)when the land is situated in more than one village, then in each such village separately.
(3)Possession shall, if practicable, be given in the presence of the transferee or the landlord or his agent, as the case may be, whom it is intended to dispossess, and of two or more persons (one of whom shall, if possible, be the headman) of the village in which the land is situated and the Bailiff shall attach to his report the thumb-impression or signature of two such persons.