Sub-division, sub-letting and assignment prohibited.

(1) Save as otherwise provided in this Act, no sub-division or sub-letting of the land held by a tenant or assignment of any interest therein, shall be valid. (2) Notwithstanding anything contained in sub-section (1), it shall be lawful for a tenant:— (a) who is a widow, minor or a person subject to any physical or mental disability, or a serving member of the Defence Forces to sub-let such land held by her or him as a tenant, or (b) who is a member of a Co-operative Society and as such member to sub-let, assign, mortgage or to create a charge on his interest in the land in favour of such Society. (3) Notwithstanding anything contained on sub-section (1), it shall also be lawful for a tenant to mortgage or create a charge on his interest in the land in favour of the Government or of a Co-operative Society, or corresponding new Bank in consideration of a loan advanced to him by the Government or the Co-operative Society, or corresponding new Bank as the case may be and without prejudice to any other remedy open to the Government or the Co-operative Society, or corresponding new Bank as the case may be, in the event of his making default in payment of such loan in accordance with the terms on which such loan was granted it shall be lawful for the Government or the Co-operative Society, or corresponding new Bank as the case may be, to cause his interest in the land to be attached and sold and the proceeds to be applied in payment of such loan. (1) Before issuing a notification under sub-section (1) of section 36, a notice shall be issued to the landlord and to the persons in actual possession or occupation of the land in respect of which the declaration under that sub-section is contemplated, directing him to show cause why such declaration should not be made. In that notice, brief reasons for the contemplated action shall be given. (2) If it appears that the land has remained uncultivated through default of any tenant such notice shall also be given to such tenant. (3) The notice shall be published in the Official Gazette and a copy of the notice shall be affixed on the Notice Board of the Mamlatdar’s office concerned. (4) The Landlord or the tenant shall be at liberty to adduce any oral or documentary evidence that he may desire in support of his objections. He shall also be heard in person or through pleader if he so desires. (5) At the conclusion of the enquiry an order shall be passed giving reasons for the final decision and the substance of such order shall also be published in the Official Gazette. (6) The notice under proviso to clause (b) of sub-section (3) of section 36 shall be published in the Official Gazette and copies of such notice shall also be affixed to the Notice Board of the Mamlatdar office concerned. Every holder of a building site, as aforesaid, shall be entitled, after payment of the said survey fee, to receive without extra charge, one or more sanads, in the prescribed form specifying, by plan and description, the extent and conditions of his holding.