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State of Bihar - Section

Section 47 in Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949

47. Receipts for rent and interest thereon.

(1)Every raiyat, village headman or mulraiyat who makes a payment on account of rent, or interest due thereon, or bothm, to his landlord, village headman or mulraiyat, as the case may be, shall be entitled to obtain forthwith from the landlord or his agent, village headman, or mulraiyat, as the case may be, free of charge, a signed receipt for the same, in the prescribed form.
(2)The landlord or his agent or the village headman, or muilraiyat, as the case may be, shall prepare and retain a counter-foil, in the prescribed form, of the receipt.
(3)If a receipt does not contain substantially such of the particulars to be entered in the prescribed form of receipt as can be specified by the rent receiver at the time of payment, it shall be presumed, until the contrary is proved, to be an acquaintance in full of all demands for rent and interest thereon up to the date on which the receipt was given.
(4)If any landlord or his agent, village headman, or mulraiyat fails to grant such a receipt or to prepare and retain such a counterfoil or to maintain and deliver to a raiyat, a statement of account as prescribed in Section 46 then on proof thereof, the Deputy Commissioner may, in summary proceeding, by order, impose on the landlord, village headman, or mulraiyat, as the case may be, a fine which may extend to fifty rupees in respect of each such failure; and may, in his discretion, award to the raiyat or village headman or mulraiyat, as the case may be, by way of compensation, such portion of the fine as the Deputy Commissioner may think fit.
(5)If, in a proceeding instituted under sub-section (4), the Deputy Commissioner discharges any landlord, village headman or mulraiyat and is satisfied that the complaint or allegation of the raiyat, village headman or mulraiyat on which the proceedings were instituted is false or vexatious, the Deputy Commissioner may, in his discretion by his order of discharge, direct the raiyat, village headman or mulraiyat, as the case may be, to pay to the village headman or mulraiyat or landlord, as the case may, be such compensation, not exceeding fifty rupees, as the Deputy Commissioner may think fit.
(6)An appeal shall lie to the Commissioner against any order of the Deputy Commissioner imposing a fine under sub-section (4) or Awarding compensation under sub-section (4) or sub-section (5); and the order passed by the Commissioner on such appeal shall be final.
(7)Any fine imposed or compensation awarded under this section may be recovered in the manner provided by any law for the time being in force for the recovery of public demand.
(8)For the purpose of an enquiry under this section, the Deputy Commissioner shall have power to summon, and enforce the attendance of, witnesses, and compel the production of documents in the same manner as is provided in the Santal Civil Rules.
(9)If, in any suit or other proceeding under this Acvt any other law in force, the Court or Presiding Officer (not being the Deputy Commissioner) finds that any landlord or his agent, village headman, or mulraiyat, has failed-
(a)to deliver to a raiyat, villag headman or mulraiyat a receipt in the prescribed form, or
(b)to prepare and retain a counterfoil, in the prescribed form, of a receipt delivered to a raiyat, village headman or mulraiyat as aforesaid, or
(c)to maintain and deliver to a raiyat or village headman, as the case may be, a statement of account as prescribed in Section 46,
such Court or Officer shall report the fact to the Deputy Commissioner.