7. Power of Tahsildar in land law

 

Power of Tahsildar to let out the holding in respect of which arrears is due or any other holding of the defaulter-In respect of powers of the Tahsildar to let out the holding in respect of which arrear is due or any other holding of the defaulter, following provisions have been made under Section 154-A of the Chhattisgarh Land Revenue Code, 1959-

(1) Where the arrear of the land revenue is due in respect of a holding or where any money is recoverable in the same manner as an arrear of land revenue under Section 155, the Tahsildar may, notwithstanding anything contained in this Code, after attachment of holding under Clause (b) for the recovery of dues of a Co- operative Society, or Clause (bb) or Clause (bbb) of Section 147, as the case may be, let out the holding on which arrear is due or any other holding belonging to the defaulter which is used for the purpose of agriculture to any person other than the defaulter for a period not exceeding ten years commencing from the first day of agricultural year next following, upon such terms and conditions as the Collector may fix:

Provided that the holding attached for the recovery of the dues of a Co-operative Society shall be let out for a period not exceeding ten years:

Provided further that any land of a holding of a Bhumiswami belonging to a member of a tribe which has been declared to be an aboriginal tribe under Sub-section (6) of Section 165, shall not be let out to any person other than a member of such tribe.

(2) Nothing in this section shall affect the liability of any person who may be liable under this Code for the payment of the arrears of land revenue or of any money recoverable in the same manner as an arrears of land revenue under Section 155 of the Code.

(3) Upon the expiry of period of lease the holding shall be restored to the person concerned free of any claim on the part of the Government for the arrears in respect of such holding or free of any claim on the part of the State Government or any other authority whatsoever for the moneys recoverable in the same manner as an arrear of land revenue under Section 155 of the Code for the satisfaction whereof the same was let out under Sub- section (1):

 Provided that nothing in this sub-section shall apply to the holding attached and let out for the recovery of the dues of a Co- operative Society where the dues for the satisfaction were of the same, was let out Sub-section (1), are not fully satisfied on the expiry of the period of lease