Section 40:
Acquisition of proprietary right by tenant.
(1) If a tenant, other than a non-occupancy tenant,
desires to acquire proprietary right in his holding, he may apply, in the prescribed form, to the collector
for acquisition of such right:
Provided that no such application shall lie in respect of a part of a holding.
(2) On receipt of application under sub-section (1), a notice shall be served on the landlord and a copy
thereof shall be affixed in a prominent place in the village, stating that the tenant of such holding has
applied for an order of acquisition, and that the landlord or any other person interested in such proceeding
may file any objections within one month of the affixation of such notice.
(3) The collector, after deciding the objections filed, shall, if he finds the applicant entitled to
acquisition, assess the amount of--
(a) compensation on account of the holding which shall be twelve times the annual rental value of
such holding, calculated at sanctioned rates applicable to hereditary tenants;
(b) compensation for any improvement, if any, made by the landlord on such holding; and
(c) the revenue payable on such holding in the manner prescribed; andpass an order that, on payment of such compensation within the period allowed by the collector, the
tenant shall become the biswadar of his holding and shall be liable to pay the revenue assessed thereon.
(4) After the decision of the case, the collector shall submit the record of the case for confirmation of
the order passed by him to the Chief Commissioner.
(5) The landlord shall, after the tenant has become biswadar, be entitled to claim reduction in the
revenue payable by him as prescribed.