Section 8 in Bihar Privileged Persons Homestead Tenancy Act, 1947
8. Grounds on which a privileged tenant may be ejected.
(1)A privileged tenant shall be liable to ejectment on the following grounds and not otherwise, namely -(a)on the ground that he has used the holding or any part thereof in a manner which renders the holding unit for the purposes of the tenancy.(b)on the ground that he has failed to pay the rent of the holding for two years:Provided -firstly, that no privileged tenant shall be so ejected except in execution of an order for ejectment passed by the Collector [x x x] [Deleted by Amendment Act 11 of 1989.]secondly, that no such order passed on the ground referred to in clause (b) shall be executed, if the full amount of the arrears of rent together with interest, if any; or where there has been a decree for such arrears, the amount payable under such decree is deposited with the Collector within three months from the date on which the order was signed;thirdly, that before executing an order for ejectment, the Collector shall grant such time as he may consider reasonable to the privileged tenant for removing the materials of the building, if any, erected by the Privileged tenant on such holding or any part thereof;[fourthly, that no privileged tenant shall be ejected unless he holds at least one-tenth of an acre, being land in the village in which his homestead is situate, which is, in the opinion of the Collector suitable for erecting a building for residential purpose.] [Inserted by Act 23 of 1951.](2)The following shall not be deemed to render any holding unfit for the purposes of the tenancy, namely -(a)the planting of trees and bamboos and growing of crops on a portion of the holding;(b)the manufacture of bricks and tiles for domestic purposes of the privileged tenant and his family; and(c)the digging of wells intended to provide supply of water for drinking or for domestic purposes of the privileged tenant and his family.(3)& (4) [Deleted by Amendment Act 11 of 1989.](5)If a privileged tenant has been ejected by his landlord [or any other person] [Inserted by Amendment Act, 11 of 1989.] from his homestead or any part thereof, otherwise than in accordance with the provision contained in sub-section (1), then the tenant may apply to the Collector for restoration of his possession over the homestead or part thereof from which he has been so ejected.(6)[ The Collector may on receipt of an application under sub-section (5), or on his own motion, after making such enquiry as he deems fit, order that privileged tenant shall be put in possession of the homestead or part thereof from which he has been so ejected.] [Inserted by Act 42 of 1951.](7)[ If a privileged tenant is threatened with unlawful ejectment from his tenancy or any portion thereof by his landlord, the Collector may, of his own motion or on application made in this behalf by the privileged tenant initiate a proceeding for preventing the landlord from ejecting the privileged tenant, and may, after hearing the parties, for which due notice shall have been given to them or even after ex-parte hearing in cases of emergency, by an order, giving reasons therefor in writing, restrain the landlord from ejecting the privileged tenant;Provided that where an ex-parte order has been made, the Collector shall, as soon thereafter as possible hear, the parties after giving due notice to them and may, for reasons to be recorded in writing confirm the order but, if after such hearing he finds that there is no reasonable grounds for such owner he will set aside the same and reject the prayer.(8)If the person against whom an order has been made under sub-section (6) fails to carry out the order of the Collector within such time, if any, as may be specified in the order: or if the person against whom an order has been made under sub-section (7) disobeys that order, he shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.(9)An offence under sub-section (8) shall be cognizable for which any Police office may arrest without warrant.(10)No court shall take cognizance of an offence punishable under subsection (8) except with the previous sanction of the Collector.Explanation. - For the purpose of sub-sections (5) and (7) 'landlord' includes the person under whom the privileged iant held his homestead prior to its acquisition by the State Government under sub-section (2) of Section 17A.] [Inserted by Act 13 of 1973.]
