84A. [ Order granting suspensions or remission to inferior holders. [Section 84A was inserted by section 3 of Bombay 7 of 1914.]
(1)Whenever from any cause the payment of the whole or any part of the land revenue payable to [the [State] Government] by a superior holder in respect of any land is suspended or remitted, the Collector, acting under general or special orders of [the [State] [The words 'Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government], may suspend or remit as the case may be, the payment to such superior holder of the rent or land revenue of such land by the inferior holder or holders to an amount which(a)in the case of land in respect of which full assessment is payable to [the [State] [The words 'Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government], shall not exceed double the amount of the land revenue of which the payment by such superior holder has been suspended or remitted by [the [State] [The words 'Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government], and(b)in the case of land in respect of which land revenue less than the full assessment is payable to [the [State] [The words 'Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government], shall not exceed double the amount which, in the opinion of the Collector, would have been suspended or remitted by [the [State] [The words 'Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government], in favour of the superior holder if the full assessment had been payable to [the [State] [The words 'Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government], in respect of such land.(2)In the case of land in respect of which no land revenue is payable to [the [State] [The words 'Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government], by a superior holder, whenever from any cause the payment of the whole or any part of the land revenue payable to [the [State] [The words 'Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government], in respect of any other land in the same neighbourhood has been suspended or remitted the collector acting under the general or special orders of [the [State] [The words 'Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government], may suspend or remit, as the case may be, payment, to such superior holder of the rent or land revenue of the first-mentioned land by the inferior holder or holders to an amount which shall not exceed double the amount which, in the opinion of the Collector, would have been suspended or remitted by [the [State] [The words 'Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] in favour of the superior holder if the full assessment had been payable to [the [State] [The words 'Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] in respect of such land.(3)Such order not to be questioned in any Court. - An order passed under subsection (1) or under sub-section (2) shall not be questioned in any court.(4)Consequences following on such order. - If the superior holder collects any rent or land revenue of which the payment has been remitted, or before the expiration of the period of suspension collects any rent or land revenue of which the payment has been suspended in favour of an inferior holder or holders, the whole of the land revenue remitted or suspended in favour of such superior holder shall, without prejudice to the rights of the inferior holder or holders to recover the rent or land revenue so collected, become immediately payable by the superior holder.(5)No application for assistance under sections 86 and 87 shall be entertained, no suit shall lie, and no decree of a Civil Court shall be executed, for the recovery by a superior holder of any rent or land revenue of which the payment has been, remitted or during the period of suspension of any rent or land revenue of which the payment has been suspended in favour of an inferior holder or holders; but, where the payment of rent of land revenue by an inferior holder or holders has been suspended, the period during with the suspension has continued shall be excluded from the period of limitation prescribed for a suit for the recovery of such rent or land revenue.(6)Crop-share fixed by custom or agreement. - Nothing in this section shall make it unlawful for the superior holder to take the crop-share fixed by custom or agreement in respect of any land on which rent is payable in whole or in part in the form of a share of the crop.(7)Meaning of assessment.-Explanation-In respect of land which has not been assessed under the provisions of [this Act] [These words were substituted by Bombay 20 of 1939, section 5.] the terms assessment, for the purposes of this section, includes the rent in land revenue payable by custom or by the usage of the locality.[***] [Sub-section (8) was omitted by the Adaptation of Laws Order, 1950.]]
