Chapter III Chapter III

No tenure-holder who holds his tenure (otherwise than under a terminable lease) at a fixed rent which has not been changed from the time of the Permanent Settlement shall be liable to any enhancement of such rent, anything in the Bengal Decennial Settlement Regulation, 1793 (VIII of 1793) Section 51 or in any other law, to the contrary notwithstanding.

No bhuinhar whose lands are entered in any register prepared and confirmed under the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869) shall be liable to any enhancement of the rent of his tenure.

(1) When any tenure or portion thereof is transferred by succession, inheritance, sale, gift or exchange, the transferee or his successor in title shall cause the transfer to be registered in the office of the landlord to whom the rent of the tenure or portion is payable. (2) The landlord shall, in the absence of sufficient reason to the contrary, allow the registration of all such transfers. (3) Whenever any such transfer is registered in the office of the landlord he shall be entitled to levy a registration fee of the following amount, namely :- (a) when rent is payable in respect of the tenure or portion-a fee of two per centum on the annual rent thereof provided that no such fee shall be less than one rupee or more than one hundred rupees, and (b) when rent is not payable in respect of the tenure or portion-a fee of two rupees. (4) If an application for the registration of any transfer of a tenure or portion thereof under sub-section (1) is not made within a period of one year from the date of transfer, and if the registration fee, authorised by sub-section (3) is not paid or tendered within that period, the transferee or his successor-in-title shall not be entitled to recover, at any time after the expiry of the said period by suit or other proceeding, any rent which may have become due to him, as the owner of such tenure or portion, between the date of the transfer and the date of the application for registration. (5) Nothing in this Section shall,- (i) validate a transfer of any tenure or portion thereof which, by the terms upon which it is held, or by any law or local custom, is not transferable, or (ii) affect the right of the landlord to resume a resumable tenure.

If any landlord refuses to allow the registration of any such transfer as is mentioned in Section 11, the transferee or his successor-in-title may make application to the Deputy Commissioner and the Deputy Commissioner shall thereupon, after issuing notice to be served on the landlord, make such inquiry as Tie considers necessary; and if, no sufficient grounds are shown for the refusal, shall pass an order declaring that the transfer shall be deemed to be registered.

(1) Upon the resumption of a resumable tenure, every lien, sub-tenancy, easement or other right or interest created, without the consent or permission of the grantor or his successor-in- interest by the grantee or any of his successors, on the tenure, or in limitation of his own interest therein, shall be deemed to be annulled, except the following, namely:- (a) any lease of land whereupon a dwelling house, manufactory or other permanent building, has been erected or a permanent garden, plantation, tank, canal, bandh, ahar other work of irrigation place of worship, or burning or burying ground has been made, or wherein a mine has been sunk under lawful authority; (aa) any right of the Government in any land within a cantonment; (b) any right of a Raiyat or cultivator in his holding or land, as conferred by this Act or by any local custom or usage; (c) any right to hold land occupied by sacred grove; (d) any Mundari khunt-kattidaritenancy; (dd) any Bhuinhari tenure, as defined in the Chota Nagpur Tenure Act, 1869 (Bengal Act 2 of 1869); * * * * (e) any right of a village-headman in his office or land; and (f) any easement of necessity, (2) Nothing in clause (a) of sub-section (1) shall confer on any grantee of a resumable tenure or any of his successors any right over mineral which he does not otherwise possess.

The mere registration of a transfer under Section 11, or the mere receipt of a registration fee thereunder, or the passing of an order by the Deputy Commissioner under Section 12, shall not be deemed to imply a consent to, or permission to make, the transfer, within the meaning of Section 14; and the landlord shall not be bound by the terms or conditions of any such transfer.