(1) Notwithstanding anything contained in Section 20 and 21 in the event of,-
(a) a raiyat’s temporary absence from the village, or
(b) his sickness or physical incapacity, or
(c) loss of plough cattle due to any cause beyond his control, or
(d) the raiyat being a widow or minor, He may, after informing by registered post the village headman, mulraiyat or landlord, as the case may be, and the sub-divisional Officer, make over his holding temporarily on trust for cultivation to a raiyat of the Santal Parganas.
(2) In cases covered by clauses (a) and (c) of sub-section (1), if no period has been stipulated, and the raiyat does not resume cultivation himself, the holding shall be presumed to be abandoned after the expiry of a period of ten years.
(3) Any transfer of a holding for cultivation, temporary or otherwise, made otherwise than under the provisions of sub-section (1) shall be deemed to be a transfer made in contravention of sub-section (1) of Section
20.
23. Exchange of raiyati land- (1) Raiyats desiring to exchange their lands may apply in writing to the Deputy Commissioner who may in his discretion permit such an exchange to be made,-
Provided that the Deputy Commissioner shall not permit an exchange to be made unless he is satisfy that,-
(a) The parties to the exchange are both jamabandi raiyats with respect to the lands proposed to be exchanged,
(b) The lands proposed to be exchanged are situated in the same village or in a contiguous village, © The transaction is not a concealed sale but is a bona fide exchange sought to be made for the mutual convenience of the parties, and
(d) The lands proposed to be exchanged are of the same value.
(2) Any exchange of lands made otherwise than under the provisions of sub-section (1) and without the previous permission in writing of the Deputy Commissioner shall be deemed to be a transfer made in contravention of Section 20.
COMMENT Section 23 of the Act contemplates that raiyats desiring to exchange their lands may apply in writing to the Deputy Commissioner, who may in his discretion; permit such an exchange to be made. But the proviso to this Section makes in incumbent upon the Deputy Commissioner to make proper enquiry with regard to the matters contained in the proviso before according the said permission. Two of the important factors to be looked into before according permission are that the lands proposed to be looked into before according permission are that the ands proposed to be exchanged should be of the same value and further that the transction is not a concealed sale but is a bonafide exchange sought to be made for the mutual conveniences of the parties. It may be stated here that a notification issued by the Government has been produced before me, according to which, the Subdivisional Officer has been empowered to exercise the powers of the Deputy Commissioner as provided under Section 23 of the Act. [Suraj Narain Mandal v. State of Bihar, 1992 (1) PLJR 80]