Division of produce of barga land
12. (1) The produce of any barga land shall be divided in the following manner, namely:-
(a) one-third shall be received by the owner for the land;
(b) one third shall be received by bargadar for the labour;
(c) one-third shall be received by the owner or the bargadar or by both in proportion to the cost of cultivation, other than the cost of labour, borne by them.
(2) The harvested crop of any barga land shall be stored for thrashing and division either at any place belonging to the bargadar or any place belonging to the owner, whichever is nearer to the barga land, or at any other place agreed upon between the parties.
(3) The bargadar shall tender to the owner the share of the produce due to him immediately after harvesting of the crop and when the tendered share is accepted by the owner, each party shall give to the other a receipt in such form as may be prescribed for the quantity of the produce received by him.
(4) If the owner refuses to accept the share of the produce tendered to him by the bargadar or to give a receipt therefore, the bargadar shall give intimation of such fact in writing to the prescribed authority.
(5) The prescribed authority shall, on receipt of such intimation, serve a notice upon the owner, in such form and manner as may be prescribed, asking him to take delivery of the produce within seven days from the date of service of the notice.
(6) If the owner fails to take delivery of the produce within seven days from the date of service of the notice, the prescribed authority shall permit the bargadar to sell the produce to any Government purchasing agency or, in the absence of such agency, in the local market.
(7) If the bargadar sells the produce, he shall deposit the proceeds of such sale with the prescribed authority within seven days from the date of sale.
(8) The prescribed authority shall give to the bargadar a receipt, in such form as may be prescribed, stating therein the amount of money deposited with him and the quantity of produce sold by the bargadar and such receipt shall discharge the bargadar from his obligation to deliver the share of the produce to the owner:
Provided that the quantity of the produce due to the owner, the obligation of the bargadar with regard to the delivery of the quantity of the produce not tendered or sold shall continue.
(9) Where a deposit is made under sub-section (7), the prescribed authority shall give intimation of such deposit to the owner in such form and manner as may be prescribed.
(10) If the owner does not receive the money in deposit from the prescribed authority within one month from the date of receipt of intimation of such deposit, the prescribed authority may deposit the money in the treasury in revenue deposit to the credit of the owner and give intimation of such deposit to the owner in such form and manner as may be prescribed.