5: Respective rights of landlord and tenant to produce

(1) The rent for the time being payable in respect of a tenancy shall be the first charge on the produce thereof. (2) A tenant shall be entitled to tend, cut and harvest the produce of his field in due course of husbandry without any interference on the part of his landlord. (3) Except when the rent is taken by division of the produce, the tenant shall be entitled to the exclusive possession of the produce but, in the case of food grains and oil seeds that have to be thrashed, he shall not remove the produce from the thrashing-floor until the rent payable by him for the preceding agricultural year has been paid to the landlord. (4) Where rent is taken by division of the produce:— (a) the tenant shall be entitled to the exclusive possession of the whole produce but shall not be entitled to remove it from the thrashing-floor until it is divided, (b) no sooner the produce is ready for division on the thrashing- floor, any Assistant Collector of 2nd grade, specially empowered in this behalf on his own accord, or on the application of either the tenant or the landlord shall himself or, through any Revenue Officer not below the rank of Field kanungo or a Police Officer not below the rank of a Station House Officer divide the produce on the thrashing-floor, (c) if the tenant or landlord removes any portion of the produce in such a manner as to prevent the due division thereof, the Officer conducting the division of the produce may enter the building or the premises as the case may be where the produce is kept and divide the produce there, (d) the landlord and the tenant shall be entitled to be present, and take part in, the division of the produce, (e) when the produce has been divided the landlord and the tenant shall be entitled to the possession of their respective shares immediately. Explanation:—The practice of appraisement of the standing crop (Kankat) shall henceforth be discontinued.

Effective date: 1950-06-20

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