Section 21State of Bihar Act

Section 21: Transfer of raiyati land by bhugut-bandha or complete usufructuary mortgage by a non-aboriginal raiyat and its limits

Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949

Transfer of raiyati land by bhugut-bandha or complete usufructuary mortgage by a non-aboriginal raiyat and its limits.

(1)

Notwithstanding anything contained in Section 20, the [State] [Substituted by para 4 (1) of the ALO for 'Provincial'] Government may by notification in this behalf published in the official Gazette, permit non-aboriginal raiyats, either of the whole of the Santhal Parganas or such portion of it as may be considered desirable, to transfer with effect from such date as may be notified, their rights in their holding up to the extent of one fourth of their paddy and first class bari lands by bhugut-bandha or complete usufructuary mortgage to,-

(i)

a land mortgage bank duly established by the [State] [Substituted by para 4 (1) of the ALO for 'Provincial'] Government, or

(ii)

a grain goal recognised by the Deputy Commissioner, or

(iii)

a society registered or deemed to be registered under the Bihar and Orissa Co-operative Societies Act, 1935 [(Bihar and Orissa Act VI of 1935)] [Printed in Vol. III of the Bihar Code], or

(iv)

a raiyat of the santal Parganas :

Provided that,-

(a)

no such transfer shall be recognised as valid unless it has been made by means of a registered deed and reported in the prescribed manner by the transferor and transferee to the Deputy Commissioner and to the landlord within one month of the registration of the deed,

(b)

no such transfer shall be made for a period exceeding six years and, on the expiry of the period of transfer, no further transfer of any of the lands of the transferor raiyat shall be permissible for a period of six years.

(2)

At the time of reporting the transfer to the Deputy Commissioner as required under clause (a) of the proviso to sub-section (1), the transferee shall deposit a fee of five rupees together with a written notice in the prescribed form in the office of the Deputy Commissioner to cover the cost of process and of re-delivery of possession to the transferor raiyat or his heir on the expiry of the period for which he has transferred his land in accordance with the provisions of sub-section (1) and no such transfer shall be deemed to be valid unless such fee has been deposited within one month of the registration of the deed

(3)

The transferee shall be liable to pay the rent of the land and shall be liable to immediate evocation and the cancellation of his mortgage on failure to do so. The rent to be paid by the transferee shall be at the settlement rate for the area and class of land transferred.

(4)

On expiry of the period of mortgage, the Deputy Commissioner shall of his own motion cause a notice to be served on the parties to the transaction that the period of the mortgage has terminated and shall proceed to evict the transferee and deliver possession to the transferor raiyat.

(5)

Any transfer of land made otherwise than under the provisions of the foregoing sub-section shall be deemed to be transfer made in contravention of sub-section (1) of Section 20.

(6)

Any mortgagee found in possession of any land belonging to a raiyat after the expiry of the period of such mortgage shall be punished with imprisonment for a term which may extend to three months and shall also be liable to fine which may extend to five hundred rupees and in the case of a continuing offence, to a further fine not exceeding ten rupees for each day during which the offence continues.

Sec 20 — Transfer of raiyat's rights

Sec 22 — A raiyat may make over his holding temporarily on trust for cultivation

Disclaimer: This section is reproduced for general informational and reference purposes only. Always verify against the latest official gazette and consult a qualified advocate before relying on any provision.