(a) the quantity and boundaries of the land comprised in his holding and where fields have been numbered in a Government survey the number of each field;
(b) the amount of yearly rent payable for such land;
(c) the instalments in which the rent is to be paid;
(d) if the rent is payable wholly or partially in kind, the proportion or quantity of produce to be delivered, and the time and manner of delivery; and
(e) any special conditions of the lease.
45. Landlord entitled to counterpart engagement - Whenever a landlord grants a lease to a tenant, or tenders to a tenant a lease such as he is entitled to receive, the landlord shall be entitled to receive from such tenant a counterpart engagement in conformity with the terms of the lease.
[46. Restrictions on transfer of their right by Raiyat. - (1) No transfer by a Raiyat of his right in his holding or any portion thereof,-
(a) by mortgagte or lease for any period expressed or implied which exceeds or might in any possible event exceed five years, or
(b) by sale, gift or any other contract or agreement, shall be valid to any extent:
Provided that a Raiyat may enter into a 'bhugut bundha' mortgage of his holding or any portion thereof for any period not exceeding seven years or if the mortgagee be a society registered or deemed to be registered under the 'Bihar and Orissa Co-operative Societies Act, 1935 (B&O Act VI of 1935) for any period not exceeding fifteen years:]
Provided further that,-
(a) an occupancy-Raiyat, who is [a member of the Scheduled Tribes] may transfer with the previous sanction of the Deputy Commissioner his right in his holding or a portion of his holding by sale, exchange, gift or will to [another person, who is a member of the Scheduled Tribes and], who is a resident within the local limits of the area of the police station within which the holding is situate;
(b) an occupancy-Raiyat, who is a member of the [Scheduled Castes or Backward Classes] may transfer with the previous sanction of the Deputy Commissioner his right in his holding or a portion of his holding by sale, exchange, gift, will or lease to another person, who is a member of the [Scheduled Castes or, as the case may be, Backward Classes] and who is a resident within the local limits of the district within which the holding is situate [* * *];
[(c) any occupancy-Raiyat may, transfer his right in his holding or any portion thereof to a society or bank registered or deemed to be registered under the 'Bihar and Orissa Cooperative Societies Act, 1935 (Bihar and Orissa Act VI of 1935), or to the State Bank of India or a bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or to a company or a corporation owned by, or in which less than fifty-one per cent of the share capital is held by the State Government or the Central Government or partly by the State Government, and partly by the Central Government, and which has been set up with a view to provide agricultural credit to cultivators; and (d) any occupancy-Raiyat, who is not a member of the Scheduled Tribes, Scheduled Castes or Backward classes, may, transfer his right in his holding or any portion thereof by sale, exchange, gift, will, mortgage or otherwise to any other person.]
(2) A transfer by a Raiyat of his right in his holding or any portion thereof under subsection (1) shall be binding on the landlords.
(3) No transfer of contravention of sub-section (1), shall be registered or shall be in any way recognised as valid by any Court, whatever in exercise, of civil, criminal or revenue jurisdiction.
[(3-A) Notwithstanding anything contained in any other law for the time being in force, the Deputy Commissioner shall be a necessary party in all suits of a civil nature relating to any holding or portion thereof in which one of the parties to the suits is a member of the Scheduled Tribes and the other party is not a member of the Scheduled Tribes.]
(4) At any time within three years after the expiration of the period or which a Raiyat has under clause (a) of sub-section (1) transferred his right in his holding or any portion thereof, the Deputy Commissioner shall on the application of the Raiyat put the Raiyat into possession of such holding or portion in the prescribed manner.
[(4-A) (a) The Deputy Commissioner may, of his own motion or on an application filed before him by an occupancy-Raiyat, who is a member of the Scheduled Tribes, for annulling the transfer on the ground that the transfer was made in contravention of clause (a) of the second proviso to sub-section (1), hold an inquiry in the prescribed manner to determine if the transfer has been made in contravention of clause (a) of the second proviso to sub-section (1):
Provided that no such application be entertained by the Deputy Commissioner unless it is filed by the occupancy-tenant within a period of twelve years from the date of transfer of his holding or any portion thereof:
Provided further that before passing any order under clause (b) or clause (c) of this subsection, the Deputy Commissioner shall give the parties concerned a reasonable opportunity to be heard in the matter.
(b) If after holding the inquiry referred to in clause (a) of this sub-section, the Deputy Commissioner finds that there was no contravention of clause (a) of the second proviso to sub-section (1) in making such transfer, he shall reject the application and may award such costs to the transferee to be paid by the transferor as he may, in the circumstances of the case, deem fit.
(c) If after holding the inquiry referred to in clause (a) of this sub-section, the Deputy Commissioner finds that such transfer was made in contravention of clause (a) of the second proviso to sub-section (1), he shall annul the transfer and eject the transferee from such holding or portion thereof, as the case may be and put the transferor in possession thereof:
Provided that if the transferee has constructed any building or structure, such holding or portion thereof, the Deputy Commissioner shall, if the transferor is not willing to pay the value of the same, order the transferee to remove the same within a period of six months from the date of the order, or within such extended time not exceeding two years from the date of the order as the Deputy Commissioner may allow failing which the Deputy Commissioner may get such building or structure removed:
Provided further that where the Deputy Commissioner is satisfied that the transferee has constructed a substantial structure or building on such holding or portion thereof before the commencement of the Chota Nagpur Tenancy (Amendment) Act, 1969 (President's Act 4 of 1969) he may, notwithstanding any other provisions of this Act, validate such a transfer made in contravention of clause (a) of the second proviso to sub-section (1), if the transferee either makes available to the transferor an alternative holding or portion of a holding, as the case may be, of the equivalent value, in the vicinity or pays adequate compensation to be determined by the Deputy Commissioner for rehabilitation of the transferor.
Explanation. - In this Section "substantial structure or building" means the structure or building of the value exceeding five thousand rupees on the date of holding inquiry, but it does not include such structure or building of any value the materials of which cannot be removed without incurring substantial depreciation in its value.]
(5) Nothing in this Section shall affect the validity of any transfer (of otherwise invalid) of a Raiyats right in his holding or any portion thereof made bona fide before the first day of January 1908 in the Chota Nagpur Division except the district of 'Manbhum', or before the first day of Januaury 1909, in the district of 'Manbhum'.
[(6) In this Section [and in Section 47],-
(a) "Scheduled Casted" means such castes, races or tribes as are specified in Part II of the Scheduled to the Constitution (Scheduled Castes) Order, 1950;
(b) "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are specified in Part II of the Scheduled to the Constitution (Scheduled Tribes) Order, 1950; and
(c) "Backward classed" means such classes of citizens as may be declared by the State Government, by notification in the Official Gazette, to be socially and educationally backward.]
47. Restriction on sale of Raiyat's right under order of Court - No decree or order shall be passed by any Court for the sale of the right of 'Raiyat in his holding [or any portion thereof] nor shall any such right be sold in execution of any decree or order :
Provided as follows :-
(a) any holding [or portion of holding] may be sold, in execution of a decree of a competent Court, to recover an arrear of rent which has accrued in respect of the holding;
(b) any holding [or portion of a holding] may be sold, under the procedure provided by [the Bihar and Orissa Public Demands Recovery Act, 1914 (B&O Act 4 of 1914] for the recovery of a loan granted [* * *] under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturist Loans Act, 1884 (12 of 1884) or otherwise by the [State] Government;
[(bb) any holding or portion of a holding, belonging to any occupancy-Raiyat may be sold, under the procedure provided by the Bihar and Orissa Public Demands Recovery Act, 1914 (Bihar and Orissa Act IV of 1914), for the recovery of loan granted by a society or bank registered or deemed to be registered under the Bihar and Orissa Cooperative Societies Act, 1935 (Bihar and Orissa Act VI of 1935), or by the State Bank of India or a bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 (5 of 1970) or by a company or a corporation owned or in by which not less than fifty-one per cent of the share capital is held by the State Government or the Central Government or partly by the State Government and partly by the Central Government and which has been set up with a view to provide agricultural credit to cultivators so, however, that if such holding or portion thereof belongs to a member of the Scheduled Tribes or Scheduled Castes, it shall not be sold to any person, who is not a member of the Scheduled Tribes, or as the case may be, of the Scheduled Castes.]
(c) Nothing in this Section shall affect the right to execute a decree for sale of a holding passed, or the terms of conditions of any contract registered before the first day of January, 1903 [* * *] [* * * * *]
Explanation I. - Where a holding is held under joint landlords, 6[and a decree has been passed for the share of the rent due to one or more, but not all, of them, proviso (a) does not authorise the sale of the holding [or any portion of the holding] in execution of such decree.
Explanation II. - Proviso (c) does not render valid any document which is otherwise illegal or invalid, or authorise a Court to take judicial cognizance of any such document.
[48. Restrictions on the transfer of Bhuinhari tenure. - (1) A member of a 'Bhuinhari family may transfer any 'Bhuinhari tenure as defined in the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869) which is held by him or any portion thereof in the same manner and to the same extent as an aboriginal 'Raiyat may transfer his right in his holding under clauses (a) and (b) of sub-section (2) of Section 46.]
(2) The [State] Government may make rules permitting a member of a 'Bhuinhari family holds any 'Bhuinhari tenure to transfer such tenure or any portion thereof by sale, gift, exchange or will subject to such restrictions and conditions as may be specified in the said rules.
(3) Save as provided in sub-section (1) or in any rules made under sub-section (2), a transfer of a 'Bhuinhari tenure or any portion thereof shall not be valid to any extent.
(4) If a member of a 'Bhuinhari family transfers any 'Bhuinhari tenure which is held by him or any portion of such tenure in contravention of the provisions of this Section or on the expiration of the period for which any such member has transferred his 'Bhuinhari tenure or any portion thereof in accordance with the provisions of this Section or any rules made thereunder, the Deputy Commissioner may, of his own motion or on the application of such member, eject the transferee and place such member in possession of the said 'Bhuinhari tenure or portion at any time within twelve years from the date of the transfer, or from the expiration of the period of the transfer, as the case may be.
[Provided that a member of the Bhuinhari may transfer by a simple mortgage his right in his tenancy or any portion thereof with a view to raising loan for agricultural purposes to a society or bank registered or deemed to be registered under the Bihar and Orissa Cooperative Societies Act, 1935 (Bihar and Orissa Act VI of 1935) or to a Company or Corporation owned by, or in which not less than fifty-one per cent of the share capital is held by the State Government or Central Government or partly by the State Government and partly b t̂he Central Government and which has been set up with a view to providing agricultural credit to cultivators.]
(5) A member of a 'Bhuinhari family, who holds land in any village in which a 'Bhuinhari tenure as defined in the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869) is situated may transfer such land in the same manner and to the same extent as an occupancy 'Raiyat transfers his right in his holding under sub-section (3) of Section 46, and sub-section (4) of this Section shall apply to such land in the same way as it applies to a 'Bhuinhari tenure.
(6) If any member of a 'Bhuinhari family transfers his 'Bhuinhari tenure or any portion thereof by a lease, the lessee shall not acquire a right of occupancy therein.
[48A. Restriction on the sale of Bhuinhari tenure. - (1) No decree or order shall be passed by any Court for the sale of the right of a member of a Bhuinhari family in his Bhuinhari-tenure, nor shall any such right be sold in execution of any decree or order.
(2) A decree for arrears of rent due in respect of any Bhuinhari-tenure held by a member of a Bhuinhari family may be executed by the attachment and sale of the produce of the land comprised in the tenure or by sale of other movable property of the judgement-debtor and not otherwise.]
49. Transfer of occupancy-holding or Bhuinhari-Tenure for certain purposes - [(1) Notwithstanding anything contained in Sections 46, 47 and 48 any occupancy Raiyat or any member of a Bhuinhari family, who is referred to in Section 48 may transfer his holding or tenure or any part thereof for the following purposes,-
(a) in any case, the use of the land for any industrial purposes or for any other purposes which the State Government may, by ratification declare to be subsidiary thereto or for access to land used or required for any such purpose.
(b) in any case, the use of the land for the purpose of mining or for any other purposes which the State Government may, by notification, declare to be subsidiary thereto or for access to land used or required for any such purpose.
(2) The transferee in such cases shall not be entitled to use the land so transferred for any other purpose except for which it was transferred.]
(3) Every such transfer must be made by registered deed, and before the deed is registered and the land transferred, the written consent of the Deputy Commissioner must be obtained to the terms of the deed and to the transfer.
(4) Before consenting to any such transfer, the Deputy Commissioner shall satisfy himself that [adequate compensation is tendered to landlord for the loss (if any) caused to him by the transfer], and, where only part of a holding or tenure is transferred, may, if he thinks fit, apportion; between the transferee and the original tenant the rent payable for the holding or tenure.
[* * * * * *] [(5) The State Government may, at any time within a period of twelve years from the date on which written consent is given by the Deputy Commissioner in regard to the transfer of any holding or part thereof belonging to an occupancy-Raiyat, who is a member of the Scheduled Tribes either on its own motion or on an application made to it in this behalf set aside such written consent and annul the transfer, if after holding an inquiry in the prescribed manner and after giving reasonable opportunity to the parties concerned to be heard it finds that the consent had been obtained in contravention of the provisions of sub-sections (1) and (2) by misrepresentation or fraud, and in case any holding or part thereof has been transferred on the basis of such written consent direct the Deputy Commissioner to take further necessary action under clause (c) of subsection 4-A of Section 46.]
[50. Acquisition of tenure or holding by landlord for certain purposes. - (1) Notwithstanding anything contained in Sections 46 and 47, the Deputy Commissioner, may,-
(a) on the application of the landlord of a holding and on being satisfied that he is desirous of acquiring the holding or any part thereof for some reasonable and sufficient purpose having relation to the good of the holding or of the tenure or estate in which it comprised, such as the use of the land for any charitable, religious or educational purpose, or for the purpose of manufacture or irrigation, or as building ground for any such purpose or for access to land used or required for any such purpose, and after such inquiry as the Deputy Commissioner may think necessary, authorise the acquisition thereof by the landlord upon such conditions as the Deputy Commissioner may think fit, and require the tenant to sell his interest in the holding or part to the landlord upon such terms as may be approved by the Deputy Commissioner, including compensation to the tenant;
(b) on the application of the landlord of a tenure or holding and on being satisfied that he is desirous of acquiring any land within the said tenure or holding for the purpose of mining or for any other purpose which the [State] Government may by notification declare to be subsidiary thereto or for access to land used or required for such purpose, and after such inquiry as the Deputy Commissioner may think necessary, authorise the acquisition by landlord of such land or part thereof upon such conditions as the Deputy Commissioner may think fit, and require all persons holding interests directly or indirectly subordinate to him in the land to sell their interest to the said landlord upon payment to every such holder or such compensation as the Deputy Commissioner may determine.
(2)(a) In determining the compensation to be paid under this Section, the Deputy Commissioner shall take into consideration the matter specified in clauses first to fifthly of Section 23 of the Land Acquisition Act, 1894 (1 of 1894) and the damage, if any, resulting from diminution of the profits of the land between the time of the publication of the notice under sub-section (3) and the time when the person making the application under clause (a) or clause (b) of sub-section (1) makes tender of compensation under sub-section (5).
(b) The Deputy Commissioner shall not take into consideration any of the matters specified in clause first to sixthly of Section 24 of the Land Acquisition Act, 1894 (I of 1894), nor any outlay or improvements on, or disposal of, the land acquired commenced, made or effected after the date of the publication of the notice under subsection (3).
(c)The Deputy Commissioner shall, in addition to the market value of the land ascertained in accordance with the provisions of clause (a) of this sub-section, award to the holder of any interest acquired under this Section a sum of 20 percentum on such market value in consideration of the compulsory nature of the acquisition.
(3) The Deputy Commissioner shall, before holding the inquiry mentioned in clause (a) or clause (b) of sub-section (1), give notice in the prescribed manner of the application for acquisition under this Section and of his intention to hold such inquiry, to all persons known or believed to be interested in any land proposed to be acquired, and shall receive and decide any objection to the proposed acquisition which may be made by any person ;
Provided that if any person, being the owner or lessee of the minerals lying under the land proposed for acquisition or under any part thereof, shall so subject to the Deputy Commissioner, such land or part thereof, as the case may be shall not be required under clause (b) of sub-section (1):
Provided also that if the landlord applies for the acquisition of a part of a holding, whether such part includes the homestead land of the Raiyat or not, the Deputy Commissioner shall, if the Raiyat does not wish to retain the remainder of the holding, reject the application or acquisition, unless the landlord is willing to acquire the entire holding.
(4) On the acquisition under this Section of a part of any tenure or holding, the Deputy Commissioner may order such reduction of rent as may be fair and equitable.
(5) If the landlord making an application under clause (a) or clause (b) of sub-section (1) tenders to any person, whose holding or interest or part thereof is being acquired such sum as the Deputy Commissioner has determined as compensation under sub-section
(2) and such person refuses the same, the Deputy Commissioner may, on the landlord depositing the said sum with the Deputy Commissioner, give possession of such holding or interest to the landlord in the prescribed manner.
(6) Any person interested, who has not accepted the award under this Section may, by written application presented to the Deputy Commissioner within six weeks of the date of the award, require that the matter be referred to the principal Civil Court of original jurisdiction for determination in accordance with the procedure prescribed in Part II of the Land Acquisition Act, 1894 (1 of 1894).
(7) Nothing herein contained shall enable the Deputy Commissioner to authorise the acquisition of any part of a holding whereon a temple, mosque or other place of worship, sacred grove, burial or burning ground exists.]
51. Tenant not liable to transferee of landlord's interest for rent paid to former landlord, without notice of the transfer - (1) A tenant shall not, when his landlord's interest is transferred, be liable to the transferee to the tenants, published in the prescribed manner, shall be paid in good faith to the landlord whose interest was so transferred unless the transferee has before payment served notice of the transfer on the tenant.
(2) Where there is more than one tenant paying rent to the landlord whose interest is transferred, a general notice from the transferee to the tenants, published in the prescribed manner, shall be a sufficient notice for the purposes of this Section.
Chapter IX General Provisions as to Rent Presumptions as to fixity of rent [51A. Presumptions as to fixity of rent. - (1) Where a tenure-holder, village-headman or Raiyat and his predecessors-in-interest have held at a rent or rate of rent which has not been changed from the time of the permanent settlement, the rent or rate of rent shall not be liable to be increased except on ground of an alteration in the area of the tenancy.
(2) If it is proved in any suit, application or proceeding under this Act that either a tenure-holder, village-headman or Raiyat and his predecessors-in-interest have held at a rent or rate of rent which has not been changed during the twenty years immediately before the institution of the suit, application or proceeding, it shall be presumed, until the contrary is shown that they have held at that rent or rate of rent from the time of the permanent settlement:
Provided that if it is required by or under any enactment that in any local area tenancies, or any classes of tenancies, at fixed rents or rates of rent shall be registered as such on, or before a date specified by or under the enactment, the foregoing presumption shall not after that date apply to any tenancy or, as the case may be, to any tenancy of that class in that local area unless the tenancy has been so registered.
(3) The operation of this Section, so far as it relates to land held by a Raiyat, shall not be affected by the fact of the land having been separated from other land which formed with it a single holding, or amalgamated with other land into one holding.
(4) Nothing in this Section shall apply to tenure held for a term of years or determinable at the will of the landlord.
(5) When the particulars mentioned in Section 81, clauses (b) and (k) have been recorded in respect of any tenancy under Chapter XII or, prior to the commencement of this Act, under the provisions of the Bengal Tenancy Act, 1885 (8 of 1885) [as for the time being in force in the area in which the tenancy is situate, the presumption under this Section shall not thereafter apply to that tenancy],