21. Rights of occupancy-Raiyat in respect of use of land. - [(1)] When a Raiyat has a right of occupancy in respect of any land, he may use the land,-
(a)in any manner which is authorised by local custom or usage, or(b)irrespective of any local custom or usage, in any manner which does not materially impair the value of the land or render it unfit for the purposes of the tenancy.[(2) Notwithstanding anything contained in any entries in the record-of-rights or any local custom or usage to the contrary, the following shall not be deemed to impair the value of the land materially or to render it unfit for purposes of the tenancy, namely,-(a)the manufacture of bricks and tiles for the domestic or agricultural purposes of the Raiyat and his family;(b)the excavation of tanks or the digging of wells or the construction of bandhs and ahars intended to provide a supply of water for drinking, domestic, agricultural or piscicultural purposes of the Raiyat and his family; and(c)the erection of buildings for the domestic or agricultural purposes or for the purposes of trade or cottage industries of the Raiyat and his family.(3)If an occupancy-Raiyat, who pays for his holding rent in any of the ways specified in sub-section (1) of Section 61, excavates a tank on such holding for any purpose mentioned in clause (b) of sub-section (2), the landlord's share shall be nine-twentieths and the Raiyats share shall be eleven-twentieths in the produce of such tank.][21A. Rights of occupancy-Raiyat in trees. - Notwithstanding anything contained in Section 24, when a Raiyat has a right of occupancy in respect of any land,-(a)if the rent of such land is paid in cash, or if such land is a rent-free holding or a part of such holding, the Raiyat may,-(i)plant trees and bamboos on such land and cut, cut down and appropriate the same;(ii)cut, cut down and appropriate any trees or bamboos standing on such land;(iii)appropriate the flowers, fruits and other products of any trees or bamboos standing on such land;(iv)rear lac and cocoons on trees standing on such land and appropriate the same :[Provided that if there is any specific entry in the latest record-of-rights regarding any tree or bamboo which was standing on any such land before the date of the final publication of such record-of-rights to the effect that any right in such tree or bamboo belongs to any person, other than the proprietor of the estate comprising such land or the tenure-holder of such land, the right of the Raiyat in such tree or bamboo specified in sub-clauses (ii), (iii) and (iv), shall be exercised in accordance with, and subject to any entry;](b)if the rent of such land is paid in any of the ways specified in sub-section (1) of Section 61, the landlord and the Raiyat shall have equal shares in the timber and the landlord's share shall be nine-twentieths and the Raiyats share shall be eleven-twentieths in the flowers, fruits and other products of all trees or bamboos growing on such land whether planted before or after, the commencement of the Chota Nagpur Tenancy (Amendment) Act, 1947 (Bihar Act 25 of 1947) and the Raiyat shall be entitled to plant any tree or bamboo on such land, but neither the Raiyat nor the landlord shall, without the consent of the other be entitled to cut down or appropriate any such tree or bamboo;Provided that if neither the landlord nor the Raiyat agrees to the cutting down of the tree or bamboo and either of them considers such cutting necessary one or the other may apply for permission to the Deputy Commissioner who, after making summary inquiry and hearing the parties, if any may, subject to such conditions as he thinks fit, either grant the permission or refuse it, and his decision shall be final.]
