धारा 271 · Saving of special enactments

Nothing in e this Act shall affect,- IndiaC'9 (a) the powers and duties of Settlement Officers as defined by any law not expressly repealed by this Act, or (b) any other special or local law not repealed, either expressly or by necessary implication, by this Act. Schedule 'A' Acts and Notification Repealed in the Chota Nagpur Division [* * * * * ] ( see Section 2(7)Code Acts of the Bengal Council Number and year Short title I of 1879 The Chota Nagpur Landlord and Tenant Procedure Act, 1879. IV of 1897 The Chota Nagpur Commutation Act, 1897. V of 1903 The Chota Nagpur Tenancy (Amendment) Act, 1903. V of 1905 The Chota Nagpur (Amendment) Act, 1905 VIII of 1879 The Bengal Rent Settlement Act, 1879. Notifications Notification No. 1379-LR, dated the 5th March, 1908. - Published in the 'Calcutta Gazette' of the 11th idem, Part I, page 631, and in the 'Gazette of India' of the 21st idem, Part I, page 214. Schedule B [* * * ] Repealed in [The District of Dhanbad and Palamau Ichagarh and Chandil Police Station in the District of Singhbhum] [See Section 2(2)] IndiaCode Number and year Short title Act of the Governor-General of India in Council X of The Bengal Rent Act, 1859 Acts of the Bengal Council VI of The Bengal Rent Act, 1862 IV of 1867 The Bengal Rent (Appeals) Act, 1867 * * * * * ] IndiaCoax Appendix Part I Provisions of the Chota Nagpur Tenancy (Amendment) Act, 1920 not incorporated in the text 70. Transitional Provision. - Notwithstanding anything contained in this Act, a Court shall continue to exercise jurisdiction,- (1) in a suit instituted, an application made or a proceeding taken before the commencement of this Act in accordance with the law for the time being in force and pending in such Court at such commencement, (2) in proceedings with reference to a decree or order (including proceeding by way of execution thereof): (a) passed or made after the commencement of this Act in a suit, application or proceeding referred to in (1); (b) passed or made by such Court before the commencement of this Act in any other suit, application or proceeding; and the provision of Chapter XV of the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908), shall continue to apply to all proceedings with reference to any such decree or order passed under that Act, as if this Act had not been passed. 71. Amendment of Section 26(4) of the Bihar and Orissa Public Demands Recovery Act, 1914. - For sub-section (4) of Section 26 of the Bihar and Orissa Public IndiaCode Demands Recovery Act, 1914 (B&O Act 4 of 1914), the following shall be substituted, namely :- (4) In areas in which the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) is in force,- (a) the Commissioner may by order in any case in which he may consider it desirable so to do,- (i) prohibit the sale of any tenure or portion thereof; (ii) stay any such sale for any period specified in the order; ply Con ora Chiede (b) when a tenure or holding is sold in execution of a certificate for arrears of rent due in respect thereof sub-section (I) shall not apply, but the purchaser shall acquire such right therein as if he had purchased at a sale thereof under sub-section (1) of Section 208 of the Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908) in execution of a decree for such arrears. Part II The Seraikela And Kharsawan (Laws) Act, 1951 [Bihar Act XLI of 1951] An Act to apply the Chota Nagpur Tenancy Act, 1908 to the Sub-Division of Seraikela and Kharsawan of the district of Signbhum Whereas it is expedient to apply the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) to the Sub-division of Seraikela and Kharsawan of the district of Singhbhum; it is hereby enacted as follows :- 1. Short title - This Act may be called the Seraikela and Kharsawan (Laws Act, 1951). 2. Application of the Chota Nagpur Tenancy Act, 1908 to Seraikela and Kharsawan Sub-division of the district of Singhbhum - The Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908), subject to the amendments to which the said Act is subject in the State of Bihar, shall be in force in the territory comprised in the Sub-division Seraikela and Kharsawan of the district of Singhbhum subject to the modifications and exceptions specified in the Schedule annexed to this Act. 3. Repeal of enactment and savings - The Record-of-rights of Seraikela Act No. I of 1935 and the Record-of-rights Act of Kharsawan are hereby repealed: Provided that the said repeal shall not affect,- (a) the previous operation of any of the said enactments, or (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law, or IndiaCode, (c) any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been enacted : Provided further that the record-of-rights including the record-of-rights in respect of the rights and duties of village headmen prepared and the Pattas granted under any of the said enactments and in force in the Sub-division of Seraikela and Kharsawan immediately before the commencement of this Act shall be deemed to be the record-of- rights including the record-of-rights in respect of the rights and duties of village headmen prepared and published in Pattas granted under Chapter XI, XII, XIII or XIV of the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908), as applied by this Act to Seraikela and Kharsawan insofar as such record-of-rights and Pattas are not inconsistent with the provisions of the said Act: Provided also that for the purpose of facilitating the application of the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908), in the Sub-division of Seraikela and Kharsawan, any Court or other authority may construe the said Act with such alterations not affecting the substance, as may be necessary or proper to adapt it to the matter before the Court or other authority. 4. Removal of difficulty - If any difficulty arises in giving effect to the provisions of this Act or the provisions of the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) as applied by this Act, the State Government may by order, make such provision or give such direction, as may appear to it to be necessary for removal of the difficulty : The Schedule [See Section 2] Modifications and Exceptions in the Chota Nagpur Tenancy Act, 1908 Sl. No. Section of the C.N.T. Act, 1908 Extent of modifications and exceptions (b) In clause (xxx) after the figures "1793", the words, figures and brackets "and in relation to the areas comprised within the Sub-division of Seraikela and Kharsawan in the district of Singhbhum, means the record-of-rights, as prepared and finally published under any law The following Proviso shall be added :- Section "Provided that no rent shall be payable by a Raiyat in the sub-division of Seraikela and Kharsawan of Section (a) In sub-section (1) after the words and figures "under Section 29" the words, brackets and figures "or by order of a competent authority passed under any law which was in force in the sub-division of Seraikala and Kharsawan of the district of Singhbhum immediately before the commencement of the Seraikela and Kharsawan (Laws) Act, 1951 ", shall be inserted. (b) In sub-section (2), after the words and figures "under Section 35" the words, brackets and figures Section In sub-section (5), for the words "except the district of Manbhum", the words "except the district of Manbhum and the sub-division of Seraikela and Kharsawan of the district of Singhbhum" shall be substituted, and after the words "in the district of Manbhum" the words and figures "or before the of Do sombor 1017 in the anh divisions 5 Section After the words and figures "Section 61" the words, figures and brackets "or in the case of areas comprised within the sub-division of Seraikela and Kharsawan of the district of Singhbhum under any law which was in force in the said areas immediately before the commencement of the Section 63 After sub-section (2), the following sub-section shall be inserted, namely :- "(2-a) All stipulations and reservations for payment to a landlord of his agent of any sum by any tenant in any area within the sub-division of Seraikela and Kharsawan of the district of Singhbhum in excess of what is entered in the record-of-rights prepared Section 64 To the Proviso to sub-section (1), the following words, figures and brackets shall be added, namely "Or, in the case of a cultivator in the sub-division of Seraikela and Kharsawan of the district of Singhbhum, he was entitled on the date of commencement of the Seraikela and Kharsawan (Laws) Act, 1951, by virtue of any entry in the Section 77 The following Proviso shall be added, namely :- "Provided that in any area comprised within the sub-division of Seraikela and Kharsawan of the district of Singhbhum, the incidents of such tenure or holding shall continue to be regulated in Section 79-A (a) In sub-section (1), after the words, figures and brackets "the Chota Nagpur Tenancy (Amendment) Act, 1938", the words, figures and brackets "or in Seraikela and Kharsawan of the district of Singhbhum made before or after the commencement of the Seraikela and Kharsawan (Laws) Act, 1951", shall be inserted. (b) In sub-section (2) after the words "came into force" the words, figures and brackets "or as the Section 79-B After the words "came into force", the words, figures and brackets for in the case of such contracts in the sub-division of Seraikela and Kharsawan of the district of Singhbhum made before or after the commencement of the Seraikela Section 118 In clause (b) of sub-section (1) after the words "Ranchi and Manbhum", the words "and the sub-division of Seraikela and Kharsawan of the district of Singhbhum" shall be inserted and after the words and figures "the Chota Nagpur Tenures Act, 1869", the words "and lands which are known as