(1) Notwithstanding any agreement to the contrary and save where sanction has been given under sub-section (2), a proprietor who, after the commencement of this Act, temporarily or permanently loses (whether under decree or order of a Civil Court or a Revenue-officer or otherwise) or transfers his right to occupy sir-land as a proprietor, shall at the date of such loss or transfer become an occupancytenant of that sir-land, and the rent payable by him as such shall be the sum determined at the current settlement as the rental value of such land, unless and until, on the application of either landlord or tenant, the rent is fixed by a Revenue-officer.
(2) Grant of sanction in certain cases to transfer of the right to occupy sir-land.--An application by a proprietor for sanction to transfer his sir-land without reservation of the right of occupancy provided for in sub-section (1) may be made to such Revenue-officer, not being below the class of Deputy Commissioner, as the Local Government may appoint for this purpose. Such officer shall sanction transfer in cases in which he is satisfied that the transferor is not wholly or mainly an agriculturist or that the property is self-acquired or has been acquired otherwise than by inheritance within the twenty years last preceding In other cases he shall transmit the application to the Local Government, which may sanction the transfer in whole or in part, on the ground that--
(a) the transferor, though wholly or mainly an agriculturist, will have other permanent means of subsistence after transferring the right to occupy his sir-land, or
(b) that the area of the sir-land is too large for the transferor to manage after he has transferred his proprietary rights, or
(c) that for any other reason the transfer ought to be permitted.
The Local Government may make rules for the guidance of Revenue-officers dealing with applications under this sub-section.
(3) Prohibition in certain cases of registration of documents transferring right to occupy sirland.--Notwithstanding anything contained in the Indian Registration Act, 1877 (III of 1871), no officer empowered to register documents under that Act shall admit to registration any document which purports to transfer or surrender the rights of a proprietor in his sir-land, without reservation of the right of occupancy provided for in sub-section (1), or to be an agreement for such transfer or surrender, unless sanction to such transfer or surrender has been endorsed on the document in such manner and by such authority as the Local Government may direct.
(4) Partition of undivided share in sir-land.--If there are two or more shares in any sir-land, and one of them becomes an occupancy-tenant in it under this section, his previous share in such sir-land shall, on application made by him or by his landlord, be divided off by a Revenue-officer, and his rights as occupancy-tenant shall be limited to the land comprised in such share.
(5) Saving of rights of ordinary tenants.--The accrual of occupancy-tenant-right under sub-section (1) shall not affect the rights of an ordinary tenant holding any part of the sir-land at the time of such accrual.
(6) Saving of prior registered documents.--Nothing in this section shall affect a document expressly providing for the transfer of the right to occupy sir-land as a proprietor, and duly registered before the commencement of this Act or shall apply to a surrender or a transfer made, decreed or ordered in pursuance of such a document.
(7) Bar of jurisdiction of Civil Courts.--No Civil Court shall question the validity of an order passed under this section granting or refusing sanction to the transfer of the right to occupy sir-land as a proprietor.
(8) Exception of bhogra.--Nothing in this section shall apply to "bhogra" land.
Explanation.--For the purposes of this section a transfer includes a mortgage and a lease.
(2) Grant of sanction in certain cases to transfer of the right to occupy sir-land.--An application by a proprietor for sanction to transfer his sir-land without reservation of the right of occupancy provided for in sub-section (1) may be made to such Revenue-officer, not being below the class of Deputy Commissioner, as the Local Government may appoint for this purpose. Such officer shall sanction transfer in cases in which he is satisfied that the transferor is not wholly or mainly an agriculturist or that the property is self-acquired or has been acquired otherwise than by inheritance within the twenty years last preceding In other cases he shall transmit the application to the Local Government, which may sanction the transfer in whole or in part, on the ground that--
(a) the transferor, though wholly or mainly an agriculturist, will have other permanent means of subsistence after transferring the right to occupy his sir-land, or
(b) that the area of the sir-land is too large for the transferor to manage after he has transferred his proprietary rights, or
(c) that for any other reason the transfer ought to be permitted.
The Local Government may make rules for the guidance of Revenue-officers dealing with applications under this sub-section.
(3) Prohibition in certain cases of registration of documents transferring right to occupy sirland.--Notwithstanding anything contained in the Indian Registration Act, 1877 (III of 1871), no officer empowered to register documents under that Act shall admit to registration any document which purports to transfer or surrender the rights of a proprietor in his sir-land, without reservation of the right of occupancy provided for in sub-section (1), or to be an agreement for such transfer or surrender, unless sanction to such transfer or surrender has been endorsed on the document in such manner and by such authority as the Local Government may direct.
(4) Partition of undivided share in sir-land.--If there are two or more shares in any sir-land, and one of them becomes an occupancy-tenant in it under this section, his previous share in such sir-land shall, on application made by him or by his landlord, be divided off by a Revenue-officer, and his rights as occupancy-tenant shall be limited to the land comprised in such share.
(5) Saving of rights of ordinary tenants.--The accrual of occupancy-tenant-right under sub-section (1) shall not affect the rights of an ordinary tenant holding any part of the sir-land at the time of such accrual.
(6) Saving of prior registered documents.--Nothing in this section shall affect a document expressly providing for the transfer of the right to occupy sir-land as a proprietor, and duly registered before the commencement of this Act or shall apply to a surrender or a transfer made, decreed or ordered in pursuance of such a document.
(7) Bar of jurisdiction of Civil Courts.--No Civil Court shall question the validity of an order passed under this section granting or refusing sanction to the transfer of the right to occupy sir-land as a proprietor.
(8) Exception of bhogra.--Nothing in this section shall apply to "bhogra" land.
Explanation.--For the purposes of this section a transfer includes a mortgage and a lease.