185. Occupancy Tenants.—
(1) Every person who at the coming into force of this Code holds—
(i) in the Mahakoshal region—
(a) any land, which before the coming into force of the Madhya Pradesh Land Revenue Code, 1954 (II of 1955), was malik-makbuza and of which such person had been recorded as an absolute occupancy tenant; or
(b) any land as an occupancy tenant as defined in the Madhya Pradesh Land Revenue Code, 1954 (II of 1955); or
(c) any land as an ordinary tenant as defined in the Madhya Pradesh Land Revenue Code, 1954 (II of 1955); or
(ii) in the Madhya Bharat region—
(a) any Inam land as a tenant, or as a sub-tenant or as an ordinary tenant; or
Explanation.—
The expression "Inam Land" shall have the same meaning as assigned to it in the Madhya Bharat Muafi and Inam Tenants and Sub-Tenants Protection Act, 1954 (32 of 1954).
(b) any land as ryotwari sub-lessee as defined in the Madhya Bharat Ryotwari Sub-Lessees Protection Act, 1955 (29 of 1955); or
(c) any Jagir land as defined in the Madhya Bharat Abolition of Jagirs Act, 1951 (28 of 1951), as a sub-tenant or as a tenant of a sub-tenant;
or
(d) any land of a proprietor as defined in the Madhya Bharat Zamindari Abolition Act, 1951 (13 of 1951), as a sub-tenant or as a tenant of a sub-tenant;
(iii) in the Vindhya Pradesh Region any land as a sub-tenant of a pachpan- paintalis tenant, pattedar tenant, grove holder or holder of a tank as defined in the Vindhya Pradesh Land Revenue and Tenancy Act, 1953 (III of 1955); or
(iv) in the Bhopal region—
(a) any land as a sub-tenant as defined in the Bhopal State Sub-tenants Protection Act, 1952 (VII of 1953); or
(b) any land as a shikmi from an occupant as defined in the Bhopal State Land Revenue Act, 1932 (IV of 1932); or
(v) in the Sironj region—
(a) any land as a sub-tenant of a khatedar tenant or grove holder as defined in the Rajasthan Tenancy Act, 1955 (III of 1955); or
(b) any land as a sub-tenant or tenant of Khudkasht as defined in the Rajasthan Tenancy Act, 1955 (III of 1955),
shall be called an occupancy tenant and shall have all the rights and be subject to all the liabilities conferred or imposed upon an occupancy tenant by or under this Code.
(2) Where any land referred to in items (c) or (d) of clause (ii) of sub-section (1) is at the time of coming into force of this Code, in actual possession of a tenant of a sub-tenant, then such tenant and not the sub-tenant shall be deemed to be the occupancy tenant of such land.
(3) Nothing in sub-section (1) shall apply to a person who at the coming into force of this Code, holds the land from a Bhumiswami who belongs to any one or more of the classes mentioned in sub-section (2) of Section 168.
(4) Nothing in this section shall affect the rights of a sub-tenant of tenant of a sub-tenant belonging to any of the categories specified in terms (c) and (d) of clause (ii) of sub-section (1) to acquire the rights of a pakka tenant in accordance with the provisions of the Madhya Bharat Abolition of Jagirs Act, 1951 (28 of 1951), or of the Madhya Bharat Zamindari Abolition Act, 1951 (13 of 1951), as the case may be.".
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 185 stood as under:—)
"186. Maximum rent—
Notwithstanding any agreement or usage or any decree or order of a court or any law to the contrary, the maximum rent payable by an occupancy tenant in respect of the land held by him shall not exceed—
(a) in the case of any class of irrigated land four times the land revenue assessed on such land;
(b) in case of bandh land in the Vindhya Pradesh region three times the land revenue assessed on such land; and
(c) in any other case two times the land revenue assessed :
Provided that where such land is exempt from payment of land revenue under Section 58-A, the maximum rent aforesaid shall be reduced by the amount of land revenue so exempted under the said section.
Explanation.—
Where any land has hot been assessed to land revenue, the multiples aforesaid shall be calculated on the basis of the land revenue assessable on such land.".
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 186 stood as under:—)
"187. Commutation.—
(1) Where an occupancy tenant pays his rent in kind, in terms of service, labour, crop share or a specified quantity of grain, he may apply to the Sub-Divisional Officer for commuting the same into cash.
(2) On receipt of an application under sub-section (1), the Sub-Divisional Officer shall after holding an enquiry commute by an order in writing such rent into cash, which shall not exceed the maximum rent laid down in Section 186."
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 187 stood as under:—)
"188. Rent.—
(1) The rent payable by an occupancy tenant shall, as from the commencement of the agricultural year next following the date of the coming into force of this Code, be the maximum rent laid down in Section 186 or in the rent agreed upon between the tenant and his Bhumiswa.mi is less than the maximum rent, then such agreed rent:
Provided that where the agreed rent is payable in kind, the tenant shall be liable to pay, until such rent commuted into cash under Section 187 the maximum rent laid down in Section 186.
(2) Every occupancy tenant shall pay the rent to his Bhumiswami on or before such date as may be prescribed in that behalf.".
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 188 stood as under:—)
"189. Resumption by Bhumiswami in certain cases.—
(1) A Bhumiswami whose land is held by an occupancy tenant belonging to any of the categories spprified in sub-section (1) of Section 185, except in items (a) and (b) of clause (i) thereof may, if the area of land under his personal cultivation is below twenty-five acres of unirrigated land, within one year of the coming into force of this Code, make an application to the Sub-Divisional Officer for resumption of land held by his occupancy tenant for his personal cultivation.
(2) On receipt of the application, the Sub-Divisional Officer shall, after hearing the parties and making such further enquiry as may be necessary decide the application:
Provided that the right of resumption shall be limited to the area which together with the area already under the personal cultivation of the Bhumiswami shall not exceed twenty five acres of unirrigated land :
Provided further that no resumption shall be allowed so as to reduce the total area of land in possession of the occupancy tenant below :
(i) twenty-five acres of unirrigated land if the occupancy tenant has been holding such land from a Bhumiswami not belonging to any of the classes mentioned in sub-section (2) of Section 168, for more than five years prior to the coming into force of this Code;
(ii) ten acres in any other case.
(3) Where under an order passed under sub-section (2) the Bhumiswami is allowed to ' resume a part of the land held by the occupancy tenant from such Bhumiswami, the Sub-Divisional Officer shall select and demarcate the land allowed to be resumed in accordance with such rules as may be made in that behalf. The resumption shall be allowed only if the Bhumiswami agrees to pay the occupancy tenant such compensation as the Sub-Divisional Officer may, after hearing the parties, fix for the improvement effected by the occupancy tenant for the land allowed to be resumed by the Bhumiswami. The Sub-Divisional Officer shall also in such a case fix the rent in the prescribed manner in respect of the land left with the occupancy tenant.
(4) Every order allowing resumption shall take effect from the agricultural year next following the date of the order and the tenancy of the occupancy tenant in respect of the land resumed shall stand terminated.
Explanation.—
For the purpose of this section—
(1) the land under the personal cultivation of Bhumiswami shall include—
(a) any land transferred by him by sale or otherwise on or after the 1st January, 1959; and
(b) any land allowed by him to lie fallow.
(2) One acre of irrigated land shall be deemed to be equal , to two acres of unirrigated land and pice versa".
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 189 stood as under:—)
"190. Conferral of Bhumiswami rights on occupancy tenants.—
(1) Where a Bhumiswami whose land is held by an occupancy tenant belonging to any of the categories specified in sub-section (1) of Section 185 except in items (a) and (b) of clause (i) thereof fails to make an application under sub-section (1) of Section 189 within the period laid down therein, the rights of a Bhumiswami shall accrue to the occupancy tenant in respect of the land held by him from such Bhumiswami with effect from the commencement of the agricultural year next following the expiry of the aforesaid period.
(2) Where an application is made by a Bhumiswami in accordance with the provision
of sub-section (1) of Section 189, the rights of a Bhumiswami shall accrue to the occupancy tenant in respect of the land remaining with him after resumption if any allowed to the Bhumiswami with effect from the commencement of the agricultural year next following the date of which the application is finally disposed of.
(2-A) Where the land of a Bhumiswami is held by an occupancy tenant other than an . occupancy tenant referred to in sub-section (1), the rights of a Bhumiswami shall accrue to the occupancy tenant in respect of such land—
(a) in the case of occupancy tenants of the categories specified in items (a) and (b) of clause (i) of sub-section (1) of Section 185, with effect from the commencement of the agricultural year next following the commencement of the Principal Act;
(b) in any other case, with effect from the commencement of the agricultural year next following the date on which the rights of an occupancy tenant accrue to such tenant.
(3) Where the rights of a Bhumiswami accrue to an occupancy tenant under sub-section (1), sub-section (2) or sub-section (2-A) such occupancy tenant shall be liable to pay to his Bhumiswami compensation equal to fifteen times the land revenue payable in respect of the land in five equal annual instalments, each instalment being payable on the date on which the rent payable under Section 188 for the corresponding year falls due, and if default is made in payment, it shall be recoverable as an arrear of land revenue:
Provided that if from any cause the land revenue is suspended or remitted in whole or in part in any area in any year, the annual instalment of compensation payable by an occupancy tenant holding land in such area in respect of that year shall be suspendea and shall become payable one year after the last of the remaining instalments.
(4) Any occupancy tenant may at his option pay the entire amount of compensation
in a lump sum and where an occupancy tenant exercise this option, he shall be entitled to a rebate at the rate of ten per cent.
(5) The amount of compensation, whether paid in lump sum or in annual instalments,
shall be deposited in such manner and form as may be prescribed by the occupancy tenant with the Tahsildar, for payment to the Bhumiswami.
(6) Where the rights of a Bhumiswami in any land accrue to an occupancy tenant under this section, he shall be liable to pay the land revenue payable by the Bhumiswami in respect of such land with effect from the date of accrual of such rights.".
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 190 stood as under :—•)
"191. Restoration of occupancy tenant.—
(1) If the Bhumiswami in whose favour an order of resumption is passed under sub-section (2) of Section 189 fails to cultivate such land personally during the agricultural year next following the date on which the order is passed, the occupancy tenant may, within such time as may be prescribed, make an application to the Sub-Divisional Officer for restoration of such land to him:
Provided that the occupancy tenant shall not be entitled to make the application if he is any way obstructs the Bhumiswami in taking possession of or cultivating such land.
(2) On receipt of the application, the Sub-Divisional Officer may, after giving to the Bhuiniswami an opportunity of being heard and making such further enquiry as may be deemed necessary, pass an order restoring possession of the land in question to the occupancy tenant, and where such order is passed, the occupancy tenant shall be placed in possession of the land at the commencement of the agricultural year next following the date of the order and the rights of Bhumiswami shall then accrue to nim and the provisions of Section 190 except sub-section (2) thereof shall apply accordingly.
(3) If there is any dispute regarding the rent payable for the land restored under sub-section (2), it shall be decided by the Sub-Divisional Officer.
(4) Where any land is restored to an occupancy tenant under sub-section (2), the Bhumiswami against whom restoration is ordered, shall for ever be debarred from claiming resumption of any land of such occupancy tenant under Section 189".
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 191 stood as under:—)
"192. Devolution of rights of occupancy tenants.—
The interest of an occupancy tenant in his holding shall, on his death, pass by inheritance or survivorship in accordance with his personal law.".
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 192 stood as under:—)
"193. Termination of tenancy.—
(1) The tenancy of an occupancy tenant in his holding shall be liable to terminate by an order of the Sub-Divisional Officer made on any of the following grounds, namely,—
(a) he has failed to pay on or before the due date in any agricultural year the rent of such land for that year; or
(b) he has done any act which is destructive or permanently injurious to the land; or
(c) he has used such land for a purpose other than agriculture; or
(d) he has transferred his interest in the land in contravention of Section 195.
(2) No order for the termination of his rights in the land on the ground specified in clause (a) of sub-section (1) shall be passed unless the Sub-Divisional Officer has by notice called upon the occupancy tenant to tender the rent due together with cost of proceedings within such period as may be specified by the Sub-Divisional Officer in the notice and the tenant has failed to deposit the required amount within the said period.
(3) No proceedings on the ground specified in clause (b) of sub-section (1) shall lie unless the Bhumiswami of such land has served on the occupancy tenant a notice in writing specifying the act of destruction or injury complained of and the tenant has failed within a period of six months from the date of service of notice or with such further period as Sub-Divisional Officer may grant to restore the land to the condition in which it was before such destruction or injury.".
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 193 stood as under:—)
"194. Provisions applicable to occupancy tenant whose tenancy is terminated.—
(1) The following provisions shall be applicable in the case of every occupancy tenant whose tenancy is terminated, namely :—
(a) if the occupancy tenant has, before the date of termination, sown or planted crops in any land comprise in the holding he shall be entitled, at the option of the Bhumiswami of such land, either to retain possession of such land and to use it for the purpose of tending and gathering in the crops, or to receive from the Bhumiswami of such land, the value of the labour and capital expended by him in preparing such land and sowing planting and tending such crops, together with reasonable interest thereon;
(b) if the occupancy tenant has, before the date of termination prepared for sowing any land comprised in his holding, but has not sown or planted crops thereon, he shall be entitled to receive from the Bhumiswami of such land the value of the labour and capital expended by him in preparing such land together with reasonable interest thereon :
Provided that—
(i) an occupancy tenant shall not be entitled to retain his land or receive any sum in respect thereof under this section if, after the commencement of proceedings by the Bhumiswami of such land for termination, he has cultivated or prepared such land contrary to local usage;
(ii) the rent, if any payable to the Bhumiswami of such land by the occupancy tenant at the time of termination may be set off against any sum payable to the occupancy tenant under this section;
(c) if the occupancy tenant has, before the date of termination, effected any improvement on any land comprised in his holding, he shall be entitled to receive from the Bhumiswami of such land compensation for it as the Revenue Officer may, after hearing the parties, determine.
(2) The Revenue Officer terminating the tenancy shall determine the amount, if any, payable under sub-section (1).".
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 194 stood as under:—)
"195. Occupancy tenant's rights of transfer.—
(1) No occupancy tenant shall be entitled to transfer by way of sale, gift, mortgage, sub-lease or otherwise his right in the land or any portion thereof, and every such sale, gift, mortgage, sub-lease or other transfer shall be voidable as provided in Section 197:
Provided that a sub-lease may be granted by or on behalf of an occupancy tenant if such person belongs to any of the categories mentioned in sub-section (2) of Section 168.
Explanation.—
For the purposes of this section the expression 'sub-lease' shall be construed as having the same meaning as assigned to 'lease' in Section 168.
(2) Nothing in sub-section (1) shall prevent an occupancy tenant from transferring his holding or any part thereof by sale or gift to any co-tenant or any person who, if he survived the tenant without nearer heirs, would inherit the holding.
(3) Nothing in this section shall prevent an occupancy tenant from transferring any right in his land to secure payment of, or shall affect the right of the State Government to sell such right for the recovery of an advance made to him under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists' Loans Act, 1884 (XU of 1884).
(4) Nothing in this section shall prevent an occupancy tenant from transferring any right in his holding to secure payment of an advance made to him by a co¬operative society or shall affect the right of such society to sell such right for the recovery of such advance.
(5) Except in pursuance of a transfer permitted under any of the foregoing provisions, or in the case of proceedings for recovery of arrears of any annual instalment of compensation, no decree or order shall be passed for the sale of the interest of an occupancy tenant in his holding nor shall such interest be attached or sold in execution of any decree or order nor shall a receiver be appointed to manage such holding under Section 51 of the Code of Civil Procedure, 1908 (V of 1908), nor shall such interest vest in the Court or in a receiver under the Provincial Insolvency Act, 1920 (V of 1920).".
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 195 stood as under:—)
196. Right of occupancy tenant to make improvement.—
An occupancy tenant of land held for the purpose of agriculture is entitled to make any improvement thereon for the better cultivation of the land or its more convenient use for the purpose aforesaid.".
(2. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 196 stood as under:—)
197. Right of certain persons to apply to set aside transfers by occupancy tenants.—
(1) If an occupancy tenant transfers his rights in his holding or any portion thereof in contravention of Section 195, any co-tenant or any person who, if he survived the tenant without nearer heirs, would inherit the holding or the Bhumiswami of whom such person holds the land, may apply to the Sub- Divisional Officer to be placed in possession and the Sub-Divisional Officer, may in accordance with the rules made under Section 258 place the applicant in possession subject to his acceptance of the liabilities of the occupancy tenant for arrears of rent and for advance for necessary expenses of cultivation.
(2) Where more persons than one apply under sub-section (1), they shall be entitled to be placed in possession in the following order of priority:—
(i) any person who if he survived the tenant would inherit the holding;
(ii) co-tenant; and
(iii) Bhumiswami of whom the occupancy tenant holds the land.".
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 197 stood as under)
"198. Surrender.—
(1) Any occupancy tenant may, by executing in favour of the Bhumiswami not less than thirty days before the commencement of the agricultural year a registered document, surrender his right and thereupon he shall cease to be an occupancy tenant from the agricultural year next following such date. No surrender shall be valid unless effected by a registered instrument.
(2) Notwithstanding anything to the contrary in the Indian Stamp Act, 1899 (II of 1899), or the Indian Registration Act, 1908 (XVI of 1908), instruments of surrender executed by occupancy tenants in pursuance of the provisions of this section, shall be exempted from payment of stamp duty and registration fee chargeable thereon.
(3) On a surrender being executed under sub-section (1), a Bhumiswami shall be entitled to take possession of land only to the extent of his right of resumption under Section 189 and the excess land, if any, shall vest in the State Government and the Bhumiswami shall be paid compensation for such excess land, which shall be equal to two times the rent payable therefor under Section 188.
(4) Where any land vests in the State Government under sub-section (3), the Bhumiswami shall specify such land within the prescribed period and in the prescribed manner and on his failure to do so within such period, such land shall be specified by the Sub-Divisional Officer.
(5) After such land has been specified in accordance with the provisions of sub-section (4), the Sub-Divisional Officer shall demarcate it in accordance with such rules as may be made in that behalf and also fix the land revenue in respect of land resumed by the Bhumiswami.".
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 198 stood as under:—)
"199. Receipt.—
Every Bhumiswami shall give a written receipt for the amount of rent at the time when such amount is received by him in respect of any land in such form and in such manner as may be prescribed.",
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 199 stood as under:—)
"200. Penalty for failure to give receipt or for excess recovery.—
If any Bhumiswami fails to give a receipt as required by Section 199 or receives by way of rent any amount in excess of the rent payable under this Code, he shall, on the application of the occupancy tenant be liable by an order of the Tahsildar to refund the excess amount recovered and to pay as penalty a sum not exceeding two thousand rupees, not exceeding twice such amount and the Tahsildar may direct that the whole or part of such sum shall be adjusted towards the amount of compensation payable by the occupancy tenant.".
(3. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022' Prior to omission Section 200 stood as under:—)
"201. Remission and suspension of rent consequent on like treatment of land revenue.—
(1) If from any cause the payment of the whole or any part of the land revenue payable in respect of any land is remitted or suspended, the Collector may, by general or special order remit or suspend, as the case may be, the payment of die rent, of such land, to an amount which would bear the same proportion to the whole of the rent payable in respect of the land as the land revenue of which the payment has been remitted or suspended, bears to the whole of the land revenue payable in respect thereof, and may distribute the amount so remitted or suspended amongst the occupancy tenants holding such land in such manner as may seem to him to be equitable having regard to the effect on their holdings of the cause which has led to the remission or suspension of the land revenue.
(2) If the payment of rent has been suspended, the period of suspension shall be excluded in the computation of the period of limitation prescribed for the recovery of such rent.
(3) The provisions of sub-Sections (1) and (2) shall apply to land of which the land revenue has been wholly or in part released, compounded for or redeemed, in any case in which if the land revenue in respect of the land had not been released, compounded for or redeemed, the whole or any part of it might in the opinion of the Collector, have been remitted or suspended.".
(1. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 201 stood as under:—)
"202. Reinstatement of wrongfully ejected occupancy tenant—
(1) If any person who immediately before the coming into force of this Code held land in any region in any of the capacities mentioned in Section 185, has been ejected or dispossessed of any land held by him during the three years immediately preceding the coming into force of this Code, otherwise than by process of law, may within two years from the date of coming into force of this Code, apply to the Tahsildar for his reinstatement in such land.
(2) If any person who on the coming into force of this Code, holds land as an occupancy tenant has been ejected from or dispossessed of any land held by him, after the coming into force of this Code in contravention of its provisions may within two years from the date of such ejectment or dispossession, apply to the Tahsildar for his reinstatement in such land.
(3) On receipt of an application under sub-section (1) or (2), the Tahsildar shall, after making an enquiry into the respective claims of the parties, decide the application and when he orders the restoration of the possession-to the occupancy tenant, put him in possession of the land.
(4) The Tahsildar may, at any stage of enquiry pass under sub-section (3) an interim order for handing over the possession of the land to the applicant, if he finds that he was ejected or dispossessed by the opposite party within six months prior to the submission of the application under sub-section (1) or (2), and the opposite party shall, if necessary, be ejected under his order.
(5) When an interim order has been passed under sub-section (4), the opposite party may be required by the Tahsildar, to execute a bond for such sum as he may deem fit for abstaining from taking possession of land until the final order is passed by him.
(6) If the person executing a bond is found to have entered into or taken possession of the land in contravention of the bond, the Tahsildar may forfeit the bond in whole or in part and may recover such amount as an arrear of land revenue.
(7) If the order passed under sub-section (3) is in favour of the applicant, the Tahsildar shall also award a reasonable compensation to be paid to tne applicant by the opposite party :
Provided that the amount of compensation shall not exceed ten times the revenue of tire land for each year's occupation.
(8) The compensation awarded under this section shall be recoverable as an arrear of land revenue.
(9) The Tahsildar shall have the power to review suo-motu cases of wrongful ejectment, or dispossession, whether by surrender or otherwise of occupancy tenants in any areas to be notified by the State Government in this behalf. Where action is taken under this sub-section, the provisions of the foregoing sub¬sections shall, as far as may be, apply.".
(2. Omitted by C.G. Act No. 6 of 2022, w.e.f. 4-5-2022. Prior to omission Section 202 stood as under:—)
