Indian Bare Acts



Year : 1960

 In this Part,-

(a) "Estate" means lands included under one entry in any of the general registers of revenue-paying and revenue-free lands and includes-

(i) Revenue-free lands not entered in any register, and

(ii) A part of, or a share in, an estate;

(b) "Homestead" means a dwelling house together with any courtyard, compound, garden, or outhouse and includes any outbuildings used for purposes connected with agriculture and any family graveyard, library, office, guest house, grain store, latrines, boundary walls, tanks, wells or places of worship appertaining to such dwelling house;

(c) "Intermediary" means a person who holds in an estate the right, title or interest of a talukdar and includes-

(i) A person who holds land either revenue-free or at a concessional rate, and

(ii) A tenure holder;

(d) "Tenant" means a person who cultivates or holds the land of an intermediary under an agreement, express or implied, on condition of paying therefor rent in cash or in kind or delivering a share of the produce and includes a person who cultivates or holds land of an intermediary under the system generally known as "bhag","adhi or "barga"; and the term "sub-tenant" shall be construed accordingly;

(e) "Tenure holder" means a person who has acquired from an intermediary the right to hold lands for the purpose of col-
lecting rents or bringing them under cultivation by establishing tenants thereon.

(1) As soon as may be after the commencement of this Act, the Administrator may, by notification in the Official Gazette, declare that, with effect from the date specified in the notification (hereinafter referred to as the vesting date), all estates situated in any area or areas and all rights, title and interest of every intermediary in such estates shall vest in the Government free from all encumbrances.

(2) Every notification under sub-section (1) shall also be published in such other as may be prescribed.

(3) The publication of a notification in the manner provided in sub-sections (1)and (2)shall be conclusive evidence of the notice of declaration to the intermediaries whose interests are affected by such notification.

Notwithstanding anything contained in any law for the time being in force or in any agreement or contract, express or implied, with effect from the vesting date,-

(a) Each estate to which the notification relates and all rights, title and interest of intermediaries in such estate shall vest in the Government free from all encumbrances, Including-

(i) Rights in hats. bazars, ferries, forests, wastelands, abadi sites, fisheries, tolls and other interests;

(ii) Rights in any building other than a dwelling house or in any part of such building, used primarily as office cutcherry for collection of rent;

(b) All, grants and confirmation of title to the estate and rights therein made in favour of an intermediary shall cease and determine;

(c) Any building used for educational or charitable purposes and held by the intermediary shall vest in the Government for those educational or charitable purposes;

(d) Subject to the other provisions of this Act, every tenant holding any land under an intermediary shall hold the same directly under the Government as a raiyat thereof and shall be liable to pay to the Government land revenue equal to the rent payable by him to the intermediary on the vesting date, subject to a maximum of the value of one-eighth of the gross produce which. value shall be determined in the manner prescribed:

Provided that the tenant shall become the owner of any building or structure constructed on such land at the expense of the intermediary on payment of such compensation to the intermediary as is equivalent to its market value on the vesting date, which value shall be determined in accordance with the rules made in this behalf;

(e) All arrears of land revenue, local rates, cesses and other dues lawfully payable to the Government by the intermediary on the vesting date in respect of the estate shall, without prejudice to any other mode of recovery, be recoverable by deduction from the compensation payable to the intermediary;

(f) All rents and other dues in respect of the estate for any period after the vesting date which, but for this Act, would be payable to an intermediary shall be payable to the Government and any payment Made in contravention of this clause shall not be valid discharge of the person liable to pay the same;

(g) Where under any agreement or contract made b the vesting date, any rent" cess,local rate or other dues for an period after the said. date has been paid to or compounded of released by an intermediary, the same shall, notwithstanding such agreement or contract, be recoverable by the Government from the intermediary, and may, without prejudice to any other mode of recovery, be realised by deduction from the compensation payable to the intermediary.

(1) Notwithstanding anything contained in sections 134 and 135, an intermediary shall, subject to the provisions of sub-section, (2), be entitled to retain with effect from the vesting date,-

(a) Homesteads, "buildings and structures together with the lands appurtenant thereto in the occupation of the inter-mediary other than buildings vested in the Government under section 135;

(b) Lands under the personal cultivation of the intermediary;

(c) Lands in which permanent rights have not already accrued to a tenant under any custom, agreement or law and which have been leased by an intermediary who, both at the commencement of the lease and on the vesting date, was a person Under disability;

(d) Lands held by the intermediary as mortgagor Which are subject to usufructuary mortgage and are under the personal cultivation of the mortgagee-,

(e) Lands comprised in orchards or used for the purpose of live-stock breeding, poultry farming, or dairy farming Which are in the occupation of the intermediary;

(f) So much of the lands comprised in a tea garden, mill, factory or workshop as in the opinion of the Administrator is required for such tea garden, mill, factory or workshop.

(2) An intermediary who is entitled to retain possession of any land under sub-section (1) shall hold such land directly under the
Government from the vesting date as a raiyat thereof and be liable to pay therefor land revenue at full rate applicable to similar lands in the locality.

(1) The Collector shall take charge of estates and interests of intermediaries vest in the Government under section

(2) For the purpose aforesaid, the Collector may, by written order served in the prescribed manner, require any intermediary other person in possession, of any such estate or interest to give up such possession by a date to be specified in the order (which shall not be earlier than sixty days from the date of service of the order) or to deliver by that date any documents, registers, or records, connected with the management of such estate or interest which are in his custody or to furnish a statement in the prescribed form in respect of such estate or interest.

(3) The Collector or any other officer authorised by him in this behalf may take such steps or use such force as may be necessary to enforce compliance With the order and may also enter any building or place for the purpose of taking possession of the documents, registers or records referred to in sub-section (2).

(4) An intermediary shall be entitled to make inspection of any documents, registers or records which have been delivered. to or taken possession of by the Collector, to make notes therefrom or to have certified copies thereof granted to him. No fees shall be charged for making inspection or for making notes, but fees may be charged, according to the prescribed scale, for the grant of certified copies.

(5) Nothing in this section shall be deemed to authorise the collector to take possession of-

(a) Any land or of any right of an intermediary therein, which may be retained by the intermediary under section 136, or

(b) Any religious institution or any building connected therewith.

If there, is any dispute as to the possession of any homestead or land or building referred to in sub-section (1) of section 136, the Collector shall, on application made to him in this behalf, make such inquiry as he deems fit and pass such orders thereon as may appear to him just and proper.

An appeal against an order of the Collector passed under section 138, if preferred within sixty. days, of such order, shall lie to the District Judge having jurisdiction.

Last updated on April, 2016

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