76. Saving of custom. - Nothing in this Act shall affect any custom, usage or customary right not inconsistent with, or not expressly or by necessary implication modified or abolished by its provisions.
Illustrations(i)A custom or usage whereby a 'Raiyat obtains a right of occupancy as soon as he is admitted to occupation of the tenancy, whether he is a settled 'Raiyat of the village or not, is not inconsistent with, and is not expressly or by necessary implication modified or abolished by, the provisions of this Act. That custom or usage, accordingly wherever it exists, will not be affected by this Act.(ii)A custom or usage by which an under Raiyat can obtain rights similar to those of an occupancy 'Raiyat is similarly, not inconsistent with, and is not expressly or by necessary implication modified or abolished by the provisions of this Act, and will not be affected by this Act.(iii)A custom or usage whereby a 'Raiyat is entitled to make improvements on his tenancy and to receive compensation therefor an ejectment is not inconsistent with, and is not expressly or by necessary implication modified or abolished by the provisions of this Act. That custom or usage, accordingly, wherever it exists, will not be affected by this Act.(iv)A custom or usage whereby 'Korkar' is held,-(a)during preparation for cultivation, rent-free, or(b)[x x x] after preparation, at a rate of rent less than the rate payable for ordinary 'Raiyati' land in the same village tenure or estate, is not inconsistent with, and is not expressly or by necessary implication modified or abolished by the provisions of this Act. That custom or usage, accordingly wherever it exists, will not be affected by this Act.
