section 47
Restriction on sale of Raiyat's right under order of Court
The Chota Nagpur Tenancy Act, 1908Chapter VII-A Chapter VII-A
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.
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