This Act may be called the Bihar Rent (Commutation Proceedings) Validating Act, 1950.

(1) Every application entertained, money rent determined, order passed any act or thing done or ordered to be done under sub-sections (2) to (5) of Section 40 of the Bihar Tenancy Act, 1885, during the period from the 2nd August, 1946, to the date of commencement of this Act (hereinafter referred to as the said period), by Rent Commutation Officers. Whether appointed under any notification or otherwise, shall notwithstanding that such officers were not duly authorised under sub-section (2) of the said Section by the Board of Revenue, be as valid and effectual as if such officers had been so authorised.

(2) Every appeal entertained, heard, disposed of, order passed any act or thing done or ordered to be done under sub-sections (6) and (7) of Section 40 of the Bihar Tenancy Act, 1885, during the said period, by an officer, other than the Collector of a district, shall, notwithstanding that such officer was not duly empowered by the State Government under sub-clause (1) of sub-section (6) of the said Section to hear such appeals, be as valid and effectual as if such officer has been so empowered.

(3) No order passed and nothing done by such officers under the aforesaid sub-section (2) to (7) shall be deemed to be invalid, or shall be called in question in any Court or proceeding whatsoever, merely on the ground that such officers were not so authorised or empowered.

The officers appointed to be Rent Commutation Officers for the district of Palamau under notification Nos. 224-R.T. and 4978-R., dated the 23rd August, 1946, and 10th May, 1947, respectively, shall, during the said period, be deemed to have been appointed by the State Government to discharge the functions of Revenue Officers under Section 61 of the Chota Nagpur Tenancy Act, 1908, and such officers shall, during the said period, be also deemed to have been Revenue Officers specially empowered by the State Government to discharge the functions of a Deputy Commissioner under the said Section and every application entertained, money rent determined, order passed any act or thing done or ordered to be done under the said Section by such Rent Commutation Officers shall be as valid and effectual as if such Rent Commutation Officers were so appointed and empowered and no order passed and nothing done by such officers under the aforesaid Section shall be deemed to be invalid or shall be called in question in any Court or proceedings whatsoever, merely on the ground that such officers were not so appointed or empowered.

No decision or order made under Section 40 of the Bihar Tenancy Act, 1885, by a Rent Commutation Officer appointed in the manner referred to in sub-section (1), or by an Officer referred to in sub-section (2) of Section 2, during the said period, shall be deemed to be invalid by reason only that the proceeding, original or otherwise, in which the decision or order was made come to his file without a due order of transfer.

Where the money rent of an occupancy holding has been determined under Section 40 or the Bihar Tenancy Act, 1885, or under Section 61 of the Chota Nagpur Tenancy Act, 1908, in any proceedings validated by Sections 2, 3 and 4 or in any appeal arising from such proceeding, a landlord shall not, in any suit or proceeding instituted before or after the date on which this Act comes into force, be entitled to recover from the raiyat of such holding any rent of the holding that accrued due after the time from which the order determining the rent came into effect at a rate in excess of the money rent so determined:

Provided that nothing in this Section shall affect the landlord's right to recover rent as enhanced under any of the provisions of the Bihar Tenancy Act, 1885, or the Chota Nagpur Tenancy Act, 1908, at any time after the commencement of this Act.

Explanation. In this Section proceeding includes a proceeding in execution of a decree.

1. Published in the Bihar Gazette of the 21st June, 1950. For Statement to Objects and Reasons, see the Bihar Gazette, 1950. Pt. V, p. 42; for Report of S.C., see the, Bihar Gazette, 1950, Pt. V. pp. 55-56; for proceeding in the Legislative Assembly, seethe Bihar Legislative Assembly Debates, 1949, Vol. VII, No. 27, pp. 3.17 1950, vol. I, No. 4, p. 14 No. 21, p. 20, No. 27, p. 22, No. 41, pp. 18-36 and for proceedings in the Legislative Council, see the Bihar Legislative Council Debates, 1950, Vol. I, No. 27, p. 17, No. 33, pp. 21-33.