(1) "Raiyat having khunt-katti rights" means a Raiyat in occupation of, or having any subsisting title to land reclaimed from jungle by the original founders of the village or their descendants in the male line, when such Raiyat is a member of family which founded the village or a descendant in the male line of any member of such family :
Provided that no Raiyat shall be deemed to have khunt-katti rights in any land unless he and all his predecessors-in-title have held such land or obtained a title thereby virtue of inheritance from the original founders of the village.
(2) Nothing in this Act shall prejudicially affect the rights of any person who has lawfully acquired a title to a khunt-kattidari tenancy before the commencement of this Act.
8. Meaning of - "Mundari-khunt-kattidari" - Mundari-khunt-kattidar means a Mundari, who has acquired a right to hold jungle land for the purpose of bringing suitable portions thereof under cultivation by himself or by male members of his family, and includes,-
(a) the heirs male in the male line of any such Mundari when they are in possession of such land or have any subsisting title thereto, and
(b) as regards any portions of such land which has remained continuously in the possession of any such Mundari and his descendants in the male line, such descendants.
Chapter III Tenure-Holders
9. Tenure-holder when not liable to enhancement of rent - No tenure-holder who holds his tenure (otherwise than under a terminable lease) at a fixed rent which has not been changed from the time of the Permanent Settlement shall be liable to any enhancement of such rent, anything in the Bengal Decennial Settlement Regulation, 1793 (VIII of 1793) Section 51 or in any other law, to the contrary notwithstanding.
[9A. Enhancement of rent of tenure-holder or village headman. - (1) Where the rent of a tenure-holder or village headman is liable to enhancement during the continuance of his tenancy, such enhancement shall be made only by an order of the Deputy Commissioner passed upon an application made to him, or by an order of Revenue Officer passed under Chapter XII or Chapter XV.
(2) An enhancement, progressive or otherwise, may subject to any valid contract between the parties, be ordered up to the limit of the customary rate payable by person holding similar tenancies in the vicinity, or when no such customary rate exists up to such limits as is fair and equitable. In determining what is a fair and equitable rent, regard shall be had to the origin and history of the tenancy.
(3) When the rent of a tenure-holder or village headman has been enhanced, it shall not again be enhanced for a period of fifteen years except by an order of a Revenue Officer passed under Chapter XII or Chapter XV.
(4) Nothing in this Section shall apply to a temporary tenure-holder, or a tenure-holder the rent of whose tenure is subject to variation in accordance with principles expressed in the contract whereby the tenure was created.]
10. Certain bhuinhars not liable to enhancement of rent - No bhuinhar whose lands are entered in any register prepared and confirmed under the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869) shall be liable to any enhancement of the rent of his tenure.
11. Registration of certain transfers of tenures - (1) When any tenure or portion thereof is transferred by succession, inheritance, sale, gift or exchange, the transferee or his successor in title shall cause the transfer to be registered in the office of the landlord to whom the rent of the tenure or portion is payable.
(2) The landlord shall, in the absence of sufficient reason to the contrary, allow the registration of all such transfers.
(3) Whenever any such transfer is registered in the office of the landlord he shall be entitled to levy a registration fee of the following amount, namely :-
(a) when rent is payable in respect of the tenure or portion-a fee of two per centum on the annual rent thereof provided that no such fee shall be less than one rupee or more than one hundred rupees, and
(b) when rent is not payable in respect of the tenure or portion-a fee of two rupees.
(4) If an application for the registration of any transfer of a tenure or portion thereof under sub-section (1) is not made within a period of one year from the date of transfer, and if the registration fee, authorised by sub-section (3) is not paid or tendered within that period, the transferee or his successor-in-title shall not be entitled to recover, at any time after the expiry of the said period by suit or other proceeding, any rent which may have become due to him, as the owner of such tenure or portion, between the date of the transfer and the date of the application for registration.
(5) Nothing in this Section shall,-
(i) validate a transfer of any tenure or portion thereof which, by the terms upon which it is held, or by any law or local custom, is not transferable, or
(ii) affect the right of the landlord to resume a resumable tenure.