Chapter VII-A Chapter VII-A

Every Raiyat shall be entitled to receive from his landlord a lease containing the following particulars, namely :-(a) the quantity and boundaries of the land comprised in his holding and where fields have been numbered in a Government survey the number of each field;(b) the amount of yearly rent payable for such land;(c) the instalments in which the rent is to be paid;(d) if the rent is payable wholly or partially in kind, the proportion or quantity of produce to be delivered, and the time and manner of delivery; and(e) any special conditions of the lease.

Whenever a landlord grants a lease to a tenant, or tenders to a tenant a lease such as he is entitled to receive, the landlord shall be entitled to receive from such tenant a counterpart engagement in conformity with the terms of the lease.

No decree or order shall be passed by any Court for the sale of the right of 'Raiyat in his holding or any portion thereof nor shall any such right be sold in execution of any decree or order : Provided as follows :-(a) any holding or portion of holding may be sold, in execution of a decree of a competent Court, to recover an arrear of rent which has accrued in respect of the holding;(b) any holding or portion of a holding may be sold, under the procedure provided by the Bihar and Orissa Public Demands Recovery Act, 1914 (B&O Act 4 of 1914 for the recovery of a loan granted under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturist Loans Act, 1884 (12 of 1884) or otherwise by the State Government;(bb) any holding or portion of a holding, belonging to any occupancy-Raiyat may be sold, under the procedure provided by the Bihar and Orissa Public Demands Recovery Act, 1914 (Bihar and Orissa Act IV of 1914), for the recovery of loan granted by a society or bank registered or deemed to be registered under the Bihar and Orissa Co- operative Societies Act, 1935 (Bihar and Orissa Act VI of 1935), or by the State Bank of India or a bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 (5 of 1970) or by a company or a corporation owned or in by which not less than fifty-one per cent of the share capital is held by the State Government or the Central Government or partly by the State Government and partly by the Central Government and which has been set up with a view to provide agricultural credit to cultivators so, however, that if such holding or portion thereof belongs to a member of the Scheduled Tribes or Scheduled Castes, it shall not be sold to any person, who is not a member of the Scheduled Tribes, or as the case may be, of the Scheduled Castes.(c) Nothing in this Section shall affect the right to execute a decree for sale of a holding passed, or the terms of conditions of any contract registered before the first day of January, 1903 * * * Explanation I. - Where a holding is held under joint landlords, and a decree has been passed for the share of the rent due to one or more, but not all, of them, proviso (a) does not authorise the sale of the holding or any portion of the holding in execution of such decree. Explanation II. - Proviso (c) does not render valid any document which is otherwise illegal or invalid, or authorise a Court to take judicial cognizance of any such document.

(1) Notwithstanding anything contained in Sections 46, 47 and 48 any occupancy Raiyat or any member of a Bhuinhari family, who is referred to in Section 48 may transfer his holding or tenure or any part thereof for the following purposes,- (a) in any case, the use of the land for any industrial purposes or for any other purposes which the State Government may, by ratification declare to be subsidiary thereto or for access to land used or required for any such purpose. (b) in any case, the use of the land for the purpose of mining or for any other purposes which the State Government may, by notification, declare to be subsidiary thereto or for access to land used or required for any such purpose. (2) The transferee in such cases shall not be entitled to use the land so transferred for any other purpose except for which it was transferred. (3) Every such transfer must be made by registered deed, and before the deed is registered and the land transferred, the written consent of the Deputy Commissioner must be obtained to the terms of the deed and to the transfer. (4) Before consenting to any such transfer, the Deputy Commissioner shall satisfy himself that adequate compensation is tendered to landlord for the loss (if any) caused to him by the transfer, and, where only part of a holding or tenure is transferred, may, if he thinks fit, apportion; between the transferee and the original tenant the rent payable for the holding or tenure. (5) The State Government may, at any time within a period of twelve years from the date on which written consent is given by the Deputy Commissioner in regard to the transfer of any holding or part thereof belonging to an occupancy-Raiyat, who is a member of the Scheduled Tribes either on its own motion or on an application made to it in this behalf set aside such written consent and annul the transfer, if after holding an inquiry in the prescribed manner and after giving reasonable opportunity to the parties concerned to be heard it finds that the consent had been obtained in contravention of the provisions of sub-sections (1) and (2) by misrepresentation or fraud, and in case any holding or part thereof has been transferred on the basis of such written consent direct the Deputy Commissioner to take further necessary action under clause (c) of sub- section 4-A of Section 46.

(1) A tenant shall not, when his landlord's interest is transferred, be liable to the transferee to the tenants, published in the prescribed manner, shall be paid in good faith to the landlord whose interest was so transferred unless the transferee has before payment served notice of the transfer on the tenant. (2) Where there is more than one tenant paying rent to the landlord whose interest is transferred, a general notice from the transferee to the tenants, published in the prescribed manner, shall be a sufficient notice for the purposes of this Section.