Right to transfer

(1) Subject to the provisions of section 186 an occupancy tenant may transfer interest in his land. Provided that an occupancy tenant, from whom any amount by way of loan or otherwise is due to the Government shall not transfer such interest except with the previous permission in writing of the Deputy Commissioner. (2) Notwithstanding anything contained in sub-section (1) or any other law for the time being in force. (i) no mortgage of his interest in any land by an occupancy tenant shall be valid unless at least two hectares of land is left with him free from any encumbrance of charge; (ii) no occupancy tenant shall have the right to transfer his interest in any land if after such transfer the total extent of the land held by him will be reduced below two hectares; and (iii) the interest of an occupancy tenant in any land to the extent of two hectares, shall not be liable to be attached or sold in execution or any decree or order of any court. Provided that nothing in this sub-section shall prevent an occupancy tenant from mortgaging or transferring his interest in any land to secure payment of any load made to him by the Government or a Cooperative Society or an institution established for a public, religious or charitable purpose of a bank, or shall effect the right of the Government or such cooperative society, institution or bank, as the case may be, to sell such interest for the recovery of such loan in the execution of a decree or order of any court. (3) (a) A grantee may mortgage or transfer any interest in his land with the previous permission in writing of the Deputy Commissioner. (b) The interest of a grantee in any land to the extend of two hectares, shall not be liable to be attached or sold in execution of a decree of order of any court ; Provided that nothing in this sub-section shall prevent a grantee form mortgaging or transferring his interest in any land to secure payment of any load made to him by the Government r a cooperative society or an institution established for public, religious or charitable purpose or a bank or shall affect the right of the Government or such cooperative society, institution or bank, as the case may be, to sell such interest for the recovery of such loan in execution of decree or order of any court. (4) [Omitted] (5) Where an occupancy tenant effects a mortgage other than usufructuary mortgage of his interest in the land than notwithstanding anything contained in the mortgage deed, the total amount of interest aceruing under the mortgage shall not exceed one half of the principal amount advanced by the mortgagee. (6) Notwithstanding anything contained in the India Registration Act 1908 no officer empowered to register document which purports to conravence the provisions of this section. (7) Nothing in this section shall apply to any transfer or his interest in any land made by an occupancy tenant or a grantee before the commencement of this Regulation. (8) The interest of non-occupancy tenant shall be non-transferable. (9) The interest of a licencee of a non-agricultural land shall not be transferable except with the previous permission I writing of the Deputy Commissioner and subject to such terms and conditions as may be specified by him. Provided that where within a period of four months after the receipt of any application from any licencee, for permission to transfer his interest in any non-agricultural land being a house site, the Chief Commissioner does not refuse permission of upon refusal, does not communicate the refusal to the licencee, then the Chief Commissioner shall be deemed to have granted permission for transfer. Provided that nothing in this sub-section shall prevent a grantee from mortgaging or transferring his interest in any land to secure payment of any load made to him by the Government or a Cooperative Society or an institution established for a public; religious or charitable purpose or a bank or shall affect the right of the case may be to sell such interest for the recovery of such load in execution of decree or order of any court. Explanation I : For the purpose of this section “Schedule Tribe” shall have the same meaning as in clause (25) of article 366 of the constitution Explanation II : For the purpose of this section “Bank” means banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 and includes (i) The State Bank of India constituted under the State Bank of India Act, 1955; (ii) A subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Acts, 1959; (iii) A corresponding new bank constituted under section 3 of the Banking Companies (acquisition and Transfer of undertakings) Act, 1970; (iv) the Agricultural Refinance and Development Corporation established under the Agricultural Refinance and Development Corporation Act 1963; (v) a Regional Rural Bank established under sub-section (i) of section 3 of the Regional Bank Acts, 1976; (vi) a banking institution notified by the Central Government under section 52 of the banking Regulation Act, 1949; (vii) any other financial or banking institution notified by the Central Government in the official Gazette as a bank for the purpose of this Regulation.