
 State of Odisha - Act
-----------------------
 Rules under the Orissa Tenancy Act, 1913
------------------------------------------
 ODISHA
   
 India
 
 Rules under the Orissa Tenancy Act, 1913
==========================================
 Rule RULES-UNDER-THE-ORISSA-TENANCY-ACT-1913 of 1913
------------------------------------------------------
* Published on 23 March 1914
* Commenced on 23 March 1914
 Rules under the Orissa Tenancy Act, 1913
 
 Published vide Notification No. 2202-2-2 dated, 23.3.1914
 
 Notification No. 2202-IIT-2-dated 23rd March, 1914. - In exercise of the powers conferred upon him by Sub-section (7)  of Section 46, Sub-section (2) of Section 70, Sections 191 and 245 of the Orissa Tenancy Act, 1913 (Bihar and Orissa Act II of 1913), the Lieutenant Governor in Council is pleased to make, for the districts of Cuttack, Puri and Balasore, the following Rules under the said Act :
 
 Chapter-I General
 
### 1. Regard to be had to instructions of the Board of Revenue.
 - In carrying out of the following Rules, Revenue Officers shall have regard to the instructions of the Board of Revenue for the guidance of Revenue Officers, so far as such instructions are consistent with the Rules herein prescribed under the Orissa Tenancy Act.
 
### 2. Supervision and control by the Board of Revenue.
 - Except where otherwise provided for by law or by these Rules, all proceedings and Orders of Revenue Officers, passed in the discharge of any duty imposed upon them by or under this Act, shall be subject to the supervision and control of the Board of Revenue; and the Orders of each Revenue-Officer under this Act shall be subject to the supervision and control of the Revenue Officers to whom he may be declared by the Board of Revenue to be, for the purposes of the Act, sub-ordinate.
 
 The Collector and the Commissioner, in whose jurisdiction operations under these Rules are in progress, shall be entitled to inform themselves of the nature and progress of such operations.
 
### 3. Service of notice where mode not prescribed by the Act or these Rules.
 - Where no other mode of service of notice is prescribed by the Orissa Tenancy Act or by these Rules, service shall be effected in the manner prescribed for the service of summons on a defendant under the Code of Civil Procedure, if the notice is addressed to only one person; and, if it is addressed to a number of persons occupying or owning land in the same village, the notice shall be served in the manner prescribed for the service of summons on a defendant under the Code of Civil Procedure, or by proclamation and beat of drum, and by posting it, in the presence of not less than two persons, on some conspicuous place in the village, and also by fixing it up in the village office, if any, where the rent is usually paid.
 
 Chapter II
 
 Staple Food-crops and Price-list
------------------------------------------------
### 4. Local areas [Section 46 (1) ].
 - The local areas under Sub-Section (1)  of Section 46 shall be those entered in Schedule II and annexed to these Rules, and the mart specified in the same Schedule for each local area shall be that at which prices shall be recorded.
 
### 5. Specification of food-crops by Collector for each local area [Section 46 (7) ].
 - The Collector, after such inquiry into the relative extent to which particular food-crops are grown in his district, as he may think necessary, shall cause a notice to be affixed in his office and in the Sub-division Office, specifying the food crop or food crops which in his opinion is or are most extensively grown in each local area.
 
 The notice shall distinguish, as far as may be practicable, between crops grown on high lands and crops grown on low lands; and shall fix a day, not being later than fifteen days after the publication of such notice, on which objections will be taken into consideration.
 
 On the day so fixed the Collector shall take into consideration the objections, if any, to the enumeration of staple food-crops proposed in the notice and shall report his opinion thereon to the Board of Revenue.
 
 The Board of Revenue shall submit the Collector's opinion to the Local Government, with such remarks as may seem to it necessary.
 
 The Local Government, after considering the reports of the Collector and the Board of Revenue, shall determine, and notify in the Bihar and Orissa Gazette what shall be deemed staple food crops in each local area.
 
 Until further Orders the crops shown in column 3 of Schedule II hereto appended shall be deemed staple food crops for the purposes of Section 46.
 
### 6. Dates for preparation of price lists.
 - Price lists of staple food crops shall be prepared on one market day in the month at intervals of not less than twenty days. This market day shall be elected by the Collector, subject to the Control of the Board of Revenue.
 
### 7. Method of determining prices.
 - The price recorded for each staple food crops shall be the prevailing retail price at which the crop was actually sold in the mart to which the price list refers on the day selected under the last preceding Rule.
 
### 8. Price list by whom to be prepared.
(1) Price list shall ordinarily be prepared by Gazetted Officer not below the rank.of a Sub-Deputy Collector. But in special cases where a Sub-Deputy Collector is not available, the Collector may authorise a Kanungo to prepare the lists.
 
(2) Where prices are recorded at marts, other than those at the head quarters of districts, the Collector may, with the sanction of the Commissioner, authorise a Sub-Registrar to prepare the lists on days when no Gazetted Officer or Kanungo is available.
 
(3) One or two respectable inhabitants of the locality shall always be asked to assist in the preparation of price lists and the list shall be signed by at least one of them as by the officer preparing it.
 
### 9. Record to be kept by officer preparing price lists.
 - Every officer charged with the preparation of price-lists shall keep a record showing as far as practicable-
 
(a) the date of his visit to the mart at which prices are to be recorded;
 
(b) the names of vendors and purchasers, the quantities sold and the price thereof, for any sales effected in is presence.
 
### 10. Security and countersignature of price lists prepared by subordinate office.
 - When price lists are prepared at the Sadar Sub-division by an officer other than a Covenanted Deputy Collector, or at other Sub-divisions by an officer subordinate to the Sub-divisional Officer, or by a Sub-Registrar, they shall be submitted to the Covenanted Deputy Collector or to the Deputy Collector specially nominated by the Collector for the purpose, or to the Sub-divisional Officer, as the case may be. Such officer shall scrutinise the lists; he may call for explanations and cause manifest errors to be corrected; and, having satisfied himself of the accuracy of the lists, he shall countersign them.
 
### 11. Publication of price list.
 - The price list shall be published for not less than one week at the marts to which they respectively refer, at the Collector's or Sub-divisional Office, and at every police station and munsifi in the local area.
 
### 12. Submission of price lists to Boar.
 - After the expiry of the term of publication of the price lists in the mart to which they refer, as mentioned in the last preceding Rule, the lists shall be submitted to the Board with any objections made to them, and with the opinions of the officers who prepared and countersigned them and of the Collector,-on such objections.
 
 Chapter -III Landlord's improvements
 
### 13. Application for registration of improvements to whom to be presented Section 90.
[(1) An application for the registration of landlords' improvements may be presented to the Collector of the district or to the officer-in-charge of the Sub-division, in which the land benefited by the improvement is situated, or to any Assistant or Deputy Collector who may be specially appointed by the Government to receive such application. The application shall, as far as practicable, be in the form (Form 1) specified in Schedule I appended to these Rules, and the requisite information shall be submitted, along with the application, in the form of List A, appended to the said Form 1.
 
(2) Alternative methods of filling up columns 12 to 16 of List A are provided. The first method is intended for cases in which only a small number of holdings are benefited and the second for cases in which the whole village or a considerable proportion of the holdings is benefited. It will be open to the applicant, in the first instance, to select the method which appeals to him more appropriate, but if he selects the second method, the Revenue Officer may, if he thinks fit, require list A to be filled up in the first method. If the Revenue Officer admits the application he will at the same time pass Orders to the applicant to submit notices in Form 15 on tenants or villages concerned, in sufficient number to meet the requirements of these Rules.
 
### 14. Procedure of officer on receipt of application.
 - The officer receiving the application may either reject the application under Section 90 (3)  or may admit it. If the application is admitted, a local inquiry will be held. A date will be fixed for the inquiry, and the applicant or his agent will be informed of this date and of the approximate hour when the inquiry will be held. Notice in Form 15 will be sent to the tenants (if any) whose names are entered in column 12 of List A. In addition a notice in Form 15 will be served in each village concerned. In this notice will be specified the date and approximate hour when the inquiry will be held in that village, and the tenants concerned therein will be directed to attend the inquiry. The notice will be published locally by proclamation and by beat of drum, and will be fixed up in the presence of not less than two persons in some conspicuous place in the village. The service of the notice must be attested by at least two residents of the village (or in the case of an uninhabited village, of a contiguous village), on the back of the duplicate notice. Special care must be taken to ensure that with each notice is appended a correct copy of List A or the extracts therefrom which refer to the village or tenant addressed in the notice.
 
 The expense of sending and publishing notices under this Rule and under Rule 16 shall be borne by the applicant.
 
### 15. Local enquir.
 - The Collector or Sub-divisional Officer who received the application may transfer the case to receive such applications. If it is not so transferred, he may either make the local inquiry himself, or he may be direct it to be made by an officer not below the rank of Sub-Deputy Collector. When the officer who receives the application is not the Collector or a Sub-divisional Officer, he may in a similar manner transfer the case or direct a local inquiry, with the consent of the Collector or Sub-divisional Officer. This local inquiry will be held on the day and time specified in the notice. Such of the parties and their witnesses as attend and may desire to give evidence shall be examined and such inspection of land concerned as is considered necessary shall be made. In the record of this inquiry it shall be clearly stated which of the tenants were examined; and if any offered themselves for examination and were not examined, their names and the reasons for not examining them shall be recorded. The inquiring officer must make an inquiry on each village the lands of which are affected by the improvement.
 
### 16. Further inquiry, if any, and disposal of the case.
 - The officer who has received the application shall then either forthwith, or, if further inquiry is necessary, after giving notice of such further inquiry to the parties concerned, and holding such inquiry or causing it to be held by an officer not below the rank of Sub-Deputy Collector, who is empowered to receive such application, proceed to pass Order on the case.
 
### 17. Circumstances to be taken into consideration in disposing of the case.
 - ln passing Orders he shall decide inter alia whether the improvement is of such a nature as to come within the meaning of Section 86 of the Orissa Tenancy Act or not; whether the landlord is entitled to register it; whether it falls under Sub-clause (e)  of that Section, and, if so, whether any enhancement of rent is being paid for the original improvement, and whether the cost of improvement and the date of completion have been correctly stated in the application.
 
### 18. Confirmation of refusal passed by officer lower in rank than Collector.
 - If an Order refusing to register an improvement is passed by an officer lower in rank than the Collector of the district, such Order shall not take effect till confirmed by the Collector.
 
### 19. Power of officer recording evidence as to improvement Section 91 (1) .
 - Evidence relating to any improvement under Sub-section (1)  of Section 91 shall be recorded by the Revenue Officer specified in Rule 13, who shall exercise the powers of a Civil Court in the trial of suits and shall be guided by the provisions of Sections 132 and 134 of the Code of Civil Procedure.
 
 Chapter-IV Registration of transfer of tenures and occupancy holdings
 
### [20. Application for registration of transfers to be presented.
 - Every application for the registration of the transfer of a tenancy under Sections 14, 15, 16, or 31 shall be presented to the Collector of the district or to the officer-in-charge of the Sub-division in which the tenure or holding is situated.
 
### 21. Form of application.
 - The application shall be made in Form No.2 or 3 in Schedule I, as the case may be, annexed to these Rules. It shall be signed and verified in the manner prescribed in Rules 14 and 15 in Order VI, in the First Schedule to the Civil Procedure Code, 1908.
 
### 22. Application forms, where available.
 - Application forms will be available in the Collector's and Sub-divisional Offices-The application must fill up and file as many spare copies as there are landlords, etc., mentioned in column 8 of the application.
 
### 23. Contents of application.
 - Each application shall be accompanied by a certified extract from the record of rights of the tenure or holding transferred and the title deed, if any, in proof of the transfer (except in' cases of succession) and the challan showing the payment into the Treasury of the landlord's fee and any other fees or charges realisable in cash.
 
### 24. Service of notice on landlords etc.
(a) A notice (which is to be printed on the reverse of the application form) under Sections 14, 15, 16 and 31 of the Orissa Tenancy Act shall be served on the landlords' agent or common manager, etc., as the case may be, in the manner prescribed for service of processes issued by Revenue Courts.
 
(b) The notices under Section 15 (also printed on the back of the form) should be served by registered post and a postage stamp of five annas must be paid by the applicant for each notice to be served.
 
### 25. Levy of process fees for serving notice.
 - A process fee for serving notices shall be levied according to the Board's Rules for realising process fee for service of revenue processes.
 
### 26. Transfer of applications to Revenue Officers subordinate to Collectors or Sub - divisional Officers.
 - The Collector or the Sub-divisional Officer may transfer any application or objection under these Sections to any Revenue Officer subordinate to him who has been duly empowered under Section 3 (4)  of the Act.
 
### 27. Procedure if landlord does not appear.
 - If the landlord does not appear on the date fixed, the Collector or other Revenue Officer to whom the case may be made over, may record the transfer in his register as valid. If the application is opposed, the Collector or other revenue Officer shall consider the objections to the transfer. Evidence shall be recorded in the manner prescribed in Clause (h)  of Section 198 of the Orissa Tenancy Act.
 
### 28. Final Order.
 - The final Order shall be endorsed on the title deed, if any, or on the certified extract from the record of rights, filed with the application.
 
### 29. Payment of landlord's fee.
 - When an Order is passed for the registration of a transfer, the fee, held in deposit, may be paid on application to the landlord or to an agent, authorised by him to receive it, within three years from the date of the service of the notice and on the expiry of that time the deposit shall lapse. In the case of joint landlords, who have no common manager or common agent, the application must be made by all of them jointly and on such application, the amounts may be paid to them or any person jointly nominated by them to receive it. In all cases in which it is desired that the amount should be remitted by the Money Order, the cost of the remittance shall be paid out of the deposit.
 
### 30. Refund of landlord's fee.
 - When an application for registration is disallowed, the applicant shall be entitled to refund of the amount, on production of a certificate from the Court passing the Order that he is entitled to refund of the amount, on production of a certificate from the Court passing the Order that he is entitled to the refund within three years from the date of the Older.
 
### 31. Levy of Cour-fee.
 - The Court-fee leviable under Section 19 of the Act shall be eight annas.
 
### 32. Register of transfer cases.
 - A register shall be kept in the Collectorate for entering all transfer cases in the form prescribed for Register No. 8.
 
 Chapter-V Service of notices
 
### 33. Filing and service of agreement under Section 53 (2)  [Section 53 (2)].
 - The agreement under Sub-section (2)  of Section 53 shall be filed in the Court having jurisdiction to entertain a suit for arrears of rent of the holding, and shall be served on the raiyat in the manner prescribed for the service of summons on a defendant under the Code Civil Procedure, on payment of the fee prescribed by the High Court.
 
### 34. Filing and service of notice under Section 53 (4)  [Section 53 (4)].
 - The notice under Sub-section (4)  of Section 53 shall be filed in the Court having jurisdiction to entertain a suit for arrears of rent of the holding, and shall be served on the landlord in the manner prescribed for the service of a summons on a defendant under the Code of Civil Procedure, on payment of the process fee prescribed by the High Court.
 
### 35. Publication of notice under Section 72 (2)  [Section 72 (2)].
 - ln case (a) ,(b) of Section 70 referred to in Sub-Section (2) of Section 72, the notice of the receipts of the deposit shall be served by forwarding the notice by post in a letter registered under Chapter VI of the Indian Post Office Act, 1898 (VI of 1898), or, where the Court may deem it necessary, in the manner prescribed for the service of summons on a defendant under the Code of Civil Procedure.
 
### 36. Publication of general notice under Section 82 (2)  [Section 82(2)].
 - The general notice referred to in Sub-section (2)  of Section 82 may be published by the transferee by fixing up a written notice to the tenants in the village office or in the presence of not less than two persons in some conspicuous place on the lands,and by proclaiming to the tenants by beat of drum, in every village to which the transfer extends, that the interest of the former landlord has passed to the transferee. The transferee may, if he thinks fit, apply for service of the notice to the Court having jurisdiction to entertain a suit for arrears of rent of the holding and the Court shall thereupon serve the notice as hereinbefore prescribed on payment of the process fee prescribed by the High Court.
 
### 37. Service of notice under Section 97 (2)  and (4) [Section 97 (2) and (4)].
 - If the raiyat elects to proceed under Sub-section (2)  of Section 97 he may personally serve a written notice of his intention to surrender on his landlord; but if he elects to proceed under Sub-section (4) of the said Section, the notice of the raiyat's intention to surrender shall be served on the landlord in the manner prescribed for the service of a summons on a defendant under the Code of Civil Procedure, on payment of the process fee prescribed by the High Court.
 
### 38. Filing and publication of notice under Section 98 (2)  [Section 98 (2)].
 - A notice of the tenant's abandonment of his holding under Sub-section (2)  of Section 98 shall be in Form 4 contained in Schedule I, and shall be submitted in duplicate. One copy shall be published by beat of drum upon the holding alleged to be abandoned and then kept in the record, and the other copy shall be affixed, in the presence of not less than two witnesses, to some dwelling house or three, or other conspicuous object upon the holding. The fee payable by the landlord shall be rupee one.
 
### 39. Service of notice under Section 207 [Section 207].
 - Notice to the tenant under Section 207 shall be filed in the Court having jurisdiction to entertain a suit for arrears of rent of the holding, and shall be served in the manner prescribed for the service of summons on a defendant under the Code of Civil Procedure, on payment of the fee prescribed by the High Court.
 
### 40. Notification of encumbrances of landlord [Section 230].
(1) When a tenancy is held under a single landlord or under two or more landlords having one common agent or common manager, such as is referred to in Section 243, a copy of the instrument referred to in Section 230 shall be served on such landlords or on such agent or manager as the case may be.
 
(2) When a tenancy is held under two or more landlords not having one common agent of common manager as aforesaid, a copy of the said instrument shall be served-
 
(a) if none of them have one common agent or common manager as aforesaid, then on each landlord; or
 
(b) if some of them have one common agent or common manager as aforesaid, then on such agent or manager and also on each of the landlords who have no such agent or manager.
 
(3) The said copy or copies shall be served in the manner prescribed for the service of a summons on a defendant under the Code of Civil Procedure, 1908 (V of 1908).
 
(4) The fee to be paid for such service shall be-
 
(i) in the cases referred to in Sub-rule (1), one rupee; and
 
(ii) in the cases referred to in Sub-rule (2), one rupee for the first copy of the instruments and four annas for each additional copy.
 
### 41. Requisition from Civil Court.
 - Every requisition from the Civil Court to Collector for certified copies of or extracts from, the record of rights shall, so far as may be possible, contain the particulars specified in Form 5 in Schedule I. The copy of extract shall be certified to be correct by such officer as may be appointed by the Collector for the purpose.
 
 Chapter-VI Record of proprietors private lands
 
### 42. to 106.
 [\* \* \*]
 
 [Chapters VI and VII containing Rules 42 to 106 have been made nugatory consequent upon the Chapters XI and XII of the Orissa Tenancy Act vide Orissa Act No. III of 1959.]
 
 Chapter-VII The procedure to be followed by Revenue Officers in regard to the record-of-rights and settlement
 
 [\* \* \*]
 
 [Chapters VI and VII containing Rules 42 to 106 have been made nugatory consequent upon the Chapters XI and XII of the Orissa Tenancy Act vide Orissa Act No. III of 1959.]
 
 Chapter-VIII Distraint
 
### 107. Service of demand notice under Section 15.
 - The distrainer at the time of making the distraint shall serve a written demand on the defaulter with a notice containing the particulars required under Section 156 of the Orissa Tenancy Act in Form 16 in Schedule I. The demand shall also be accompanied by an extract from the record-of-rights concerning the holding the produce of which is to be distrained, together with an account exhibiting the ground on which the demand is made.
 
### 108. Manner of service.
 - The notice of demand shall be served by the distrainer in the manner prescribed in Section 156(4)  of the Act.
 
 A copy of the notice shall also be published by fixing it up in a conspicuous part of the holding or other place in which the produce is, stating that the property is under distraint and also proclaiming, by beat of drum, the contents of the notice. This should be done in the presence of not less than two persons in addition to the distrainer who points out the crops or produce.
 
### 109. List of the distrained property to be prepare.
 - The distrainer shall make a list of the property distrained and a copy of the list shall be delivered to the owner of the property. The tenant's copy shall be signed by the landlord's copy by the tenant.
 
### 110. Presentation of application to the Kanung.
 - An application for distraint or for the sale of distrained property shall be presented to the Kanungo within whose jurisdiction such property is situated in Form 17 in Schedule I.
 
### 111. Procedure for Kanungo on receipt of such application.
 - Every such application shall be in duplicate, and on receipt thereof the kanungo shall forthwith transmit a copy to the Collector. The Kanungo shall then issue notice and sale proclamation and take steps to have them served and published in Section 161 of the Act.
 
### 112. Contents of the written demand and notice.
 - The distrainer shall mentioned in the written demand, notice and application to be presented to the Kanungo, the name of the person in whose custody the property distrained has been placed. Any person who intends to read, gather, or store the produce or to do any other act for its due preservation shall give notice of his intention to do so to the custodian. Any such act will be done in the presence of and on the responsibility of the custodian.
 
### 113. Forms of notice and sale proclamation.
 - The form of notice and of the sale proclamation shall be in the Form Nos. 18 and 19 in Schedule I.
 
### 114. Register of applications to be kept by the Kanungo.
 - All such applications shall be entered by the kanungo in a register to be kept him in Form 20 in Schedule I, and he shall not on the application the corresponding serial numbers borne on the registers and shall act according to the provisions of Section 161.
 
### 115. Court-fee stamp on applications to contest the demand.
 - The suit to contest the demand shall be instituted on an application which shall bear a Court-fee stamp of eight annas and shall be triable by the Court which ordinarily tries suits for arrears of rent.
 
### 116. Plaintiff and defendant to suits contesting the demand.
 - When the owner of the distrained property institutes a suit to contest the demand of the distrainer he shall be considered a plaintiff, the distrainer a defendant, and the procedure prescribed for trying suits for arrears of rent shall be applicable, as far as practicable, to the trial of such suits. But in all such suits the distrainer, who is the defendant, must prove the arrear due on the holding in the same manner as if he had himself brought a suit therefore.
 
### 117. Manner of sale held by the Kanungo.
 - When the Kanungo holds a sale, under Section 168, he shall record a description of the property offered for sale, the name of all persons who bid for and the amount bid by each. If the sale is postponed he shall record an Order to this effect and shall then and there notify the place where and the time when the sale will next be held.
 
### 118. Application of proceeds of sale.
 - When the sale is concluded, and the sale proceeds are realised, the Kanungo shall proceed in accordance with the directions given in Section 171, but care should be taken that the distrainer does not claim as expenses any amount in excess of that which was under the circumstances proper. All claims to the employment of, or for the payment to, more persons than were absolutely necessary to reap, gather, to store any crop or other produce or do any other act for its due preservation, must be rejected.
 
### 119. Receipts for all sums paid by the Kanungo.
 - The Kanungo shall take separate receipts for all sums paid by him as costs of the distraint and of the issue of the notice and proclamation, and, if the person giving the receipt is unable to write, the receipt shall be attested by some persons able to do so, or the payee shall be required to give his thumb impression in token of the payment. All such receipts shall be filed with the record of the distraint case.
 
### 120. Collectors register of applications for distrain.
 - The Kanungo shall forward the records of all distraint cases to the Collector as soon as they are disposed of. The latter shall maintain a register in Form 21 in Schedule I of all such case's from the applications and records sent by the Kanungo and shall in all cases scrutinize the payment made on account of the distraint.
 
### 121. Applicability of the Rules in suits for damages for wrongful acts of authorised distrainer, etc.
 - The Rules prescribed for regulating the procedure of suits contesting the demand shall also apply mutatis muntandis to suits instituted by-
 
(1) persons claiming the property distrained for rent due by another;
 
(2) for damages by persons prevented by any sufficient cause from suing in time to save the property from sale;
 
(3) for damages for wrongful acts of the authorised distrainer;
 
(4) for damages for distraint by unauthorised persons.
 
 Chapter -IX General scale of fees
 
 Service of notices
 
### 122. Fees for service of notice.
 - For the service of every notice under this Act, not being a notice issued by any Revenue or Civil Court fees for serving which are regulated by the Court-fee Act, 1870 (VII of 1870) and not being provided for by any other Rules made under this Act, a process fee of 12 annas shall be levied if the notice be directed to one or more persons, residing in the same village.
 
### 123. Fees where notice directed to several persons in different villages.
 - Where such notices are directed to several persons resident in different villages fee of 12 annas shall be levied for service in each village.
 
### 124. Additional charges for railway, boat or ferry charges, etc.
 - In addition to the above fee the actual charge which must be incurred, if it is necessary to travel by railway or boat, or cross ferries, shall be levied from and paid by the person at whose instance the process is issued before issue of the process. If a peon carries more than one process involving charges for railway fare, boat hire, etc., the sum levied shall be charged, in equal shares, upon all the process so carried. The rates at which (sic)  hire is to be c urged shall be the same as those fixed for criminal processes under Rule VII of the rules prescribed by the High Court under Clause (2) of Section 20 of Act VII of 1870, and shall be sufficient only to cover, on the whole, the actual cost of hiring boats, or of such boat establishment as it may be necessary to maintain for the purpose of service processes of these classes.
 
### 125. Demurrage for detention of peon.
 - If a peon is detained at the place of service for more than 2.4 hours at the request of the person at whose instance the process was issued or of his agent, such person or agent shall then and there pay demurrage at the rate of five annas a day and obtained a receipt from the peon. Unless this decurrage is paid the peon shall decline to wait.
 
 No demurrage shall be charged if the delay was not due to the person requiring the process or to his agent.
 
 Deposit of rent
 
### 126. Fees for deposit of rent.
 - For deposits of rent under Section 70(2)  fees shall be levied according to the following scale :
 
|  |  |
| --- | --- |
| 
 | 
 As.
  |
| 
 On any sum not exceeding Rs. 5
  | 
 1
  |
| 
 On any sum exceeding Rs. 5 but not exceeding Rs. 10
  | 
 2
  |
| 
 On any sum exceeding Rs. 5 but not exceeding Rs. 10
  | 
 4
  |
| 
 On any sum exceeding Rs. 25
  | 
 4
  |
 for each complete sum of Rs. 25 and 4 anas for the remainder; provided that if the remainder does not exceed Rs. 10, the charge for it shall be only 2 annas;
 
 Provided, also, that in no case shall the fee exceed the sum of Rs. 5.
 
 Form 1
 
 [\* \* \*]
 
 Form 2
 
 Application Form for Registration of Transfer
 
 [See Rule 21]
 
 Case No.
 
 Process No.
 
### 1. The name of the applicant and address ###
 2. The name of the Mahal, Thana, Tauzi No. of the estate and the villages in which the tenure or holding transferred is situated.
### 3. The description and area of the tenancy transferred with its annual rental whether whole or in part. ###
 4. Consideration money and fee payable to landlord.
### 5. The name, description and address of the transferor, or, in the case of succession, name of the late tenant. ###
 6. The nature of the transfer, in the case of succession, the nature of the successor's title to succeed.
### 7. The area of the share transferred and the number or numbers it bears in Khasra, Khatian, or Khewat. ###
 8. The names and addresses of the landlords (or of their authorised manager, agent, etc.,) to whom the fee is payable.
 Application is to be verified [vide Rule 21].
 
 Form 3
 
 Application Form for Registration of Transfer
 
 [See Rule 21]
 
 Case No.
 
 Process No.
 
### 1. The name of the applicant and address. ###
 2. The name of the Mahal, Thana, Tauzi No. of the estate and the villages in which the tenure or holding transferred is situated.
### 3. The description and area of the tenancy transferred with its annual rental whether whole or in part. ###
 4. Consideration money and fee payable to landlord.
### 5. The name, description and addresses of the transferor, or, in the case of succession, name of the late tenant. ###
 6. The nature of the transfer, in the case of succession, the nature of the successor's title to succeed.
### 7. The area of the share transferred and the number or numbers it bears in Khasra, Khatian, or Khewat. ###
 8. The names and addresses of the landlords (or of their authorised manager, agents, etc.,) to whom the fee is payable.
 Application is to be verified [vide Rule 21].
 

