Section 1 Short title, extent and commencement.
(1) This Act may be called the Central ProvincesTenancy Act, 1898.
(2) It extends to all the territories for the time being administered by the Chief Commissioner ofthe Central Provinces ; and
(3) It shall come into force at once.
Section 2 Definitions.
In this Act, unless there is anything repugnant in the subject or context,--
(1) the expressions "agricultural year," "malik makbuza," "sir-land," "survey-number,"
"record-of-rights" and "village" have the meanings assigned to them, respectively, in the CentralProvinces Land-revenue Act, 1881(XVIII of 1881) as from time to time amended :
(2) "arrear" means an installment or part of an installment of rent which is not paid on or before thedate on which it is payable:
(3) "holding" means a parcel of land held by a tenant of a landlord under one lease or one set ofconditions:
(4) "improvement" means, with reference to a holding, any work which adds to the letting-value of theholding, which is suitable to the holding and consistent with the purpose for which it was let, and which,if not executed on the holding, is either executed directly for its benefit, or is, after execution, madedirectly beneficial to it:
Explanation I.--It includes the reclaiming, enclosing or clearing of lands for agricultural purposes; butit does not include such embankments, temporary wells and water-channels as arc made by tenants in theordinary course of agriculture; and no work executed by the tenant of a holding is an improvement ifit substantially diminishes the value of any other part of the estate of his landlord:
Explanation II.--A work which benefits several holdings may be deemed to be, with respect to each ofthem, an improvement:
(5) "land" means land which is let or occupied for agricultural purposes or for purposes subservient toagriculture, and includes the sites of buildings appurtenant to such land:
(6) "landlord" means the person of whom a tenant holds land, and to whom the tenant is, or, but forspecial contract, would be, liable to pay rent for that land :
(7) "pay," "payable" and "payment," used with reference to rent, include "deliver," "deliverable" and"delivery" :
(8) "rent" means whatever is paid, delivered or rendered, in money, kind or service, by a tenant onaccount of the use or occupation of land let to him :
(9) "Revenue-officer" and "Settlement-officer," in any provision of this Act, mean, respectively, suchRevenue-officer or Settlement-officer appointment under the Central Provinces Land-Revenue Act, 1881(XVIII of 1881) as from time to time amended, as the Local Government may, by notification in the localofficial Gazette, direct to discharge the functions of a Revenue-officer or Settlement-officer (as the casemay be) under that provision : and
(10) "tenant" means a person who holds land of another person, and is, or, but for a special contract,would be, liable to pay rent for that land to that other person. But it does not include a farmer, mortgageeor thikadar of proprietary rights:
Explanation I.--An inferior proprietor is not, as such, a tenant :
Explanation II.-- The holder of a survey-number in a village let in farm by the Government, or heldby a gaontia in the Sambalpur District, is a tenant of the farmer or gaontia for the time being.
Section 3 Classes of tenants.
There shall be five classes of tenants, namely :--
(1) absolute occupancy-tenants;
(2) occupancy-tenants;
(3) village-service-tenants;
(4) sub-tenants; and
(5) ordinary tenants.
Section 4 Presumption as to amount of rent payable.
In all suits and proceedings between landlord andtenant, the rent payable for any agricultural year by a tenant in respect of his holding shall be resumed,until the contrary is proved, to be the rent payable in respect of the holding in the agricultural yearimmediately preceding that year.
Section 5 Date from which order fixing rent operates.
Save as provided in sections 66 and 78, an orderfixing, altering or commuting the rent of a holding on an application under this Act may, as the officermaking the order thinks fit, take effect from the commencement of the agricultural year next followingthe date of the application, or from any subsequent day, or, if it is made on the ground of increase,diminution or deterioration of the holding, from the date of that increase, diminution or deterioration, orfrom any subsequent day.
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