State Act

The Chota Nagpur Tenancy Act,1908

[48. Restrictions on the transfer of Bhuinhari tenure. - (1) A member of a 'Bhuinhari family may transfer any 'Bhuinhari tenure as defined in the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869) which is held by him or any portion thereof in the same manner and to the same extent as an aboriginal 'Raiyat may transfer his right in his holding under clauses (a) and (b) of sub-section (2) of Section 46.] (2) The [State] Government may make rules permitting a member of a 'Bhuinhari family holds any 'Bhuinhari tenure to transfer such tenure or any portion thereof by sale, gift, exchange or will subject to such restrictions and conditions as may be specified in the said rules. (3) Save as provided in sub-section (1) or in any rules made under sub-section (2), a transfer of a 'Bhuinhari tenure or any portion thereof shall not be valid to any extent. (4) If a member of a 'Bhuinhari family transfers any 'Bhuinhari tenure which is held by him or any portion of such tenure in contravention of the provisions of this Section or on the expiration of the period for which any such member has transferred his 'Bhuinhari tenure or any portion thereof in accordance with the provisions of this Section or any rules made thereunder, the Deputy Commissioner may, of his own motion or on the application of such member, eject the transferee and place such member in possession of the said 'Bhuinhari tenure or portion at any time within twelve years from the date of the transfer, or from the expiration of the period of the transfer, as the case may be. [Provided that a member of the Bhuinhari may transfer by a simple mortgage his right in his tenancy or any portion thereof with a view to raising loan for agricultural purposes to 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 to a Company or Corporation owned by, or in which not less than fifty-one per cent of the share capital is held by the State Government or Central Government or partly by the State Government and partly b^the Central Government and which has been set up with a view to providing agricultural credit to cultivators.] (5) A member of a 'Bhuinhari family, who holds land in any village in which a 'Bhuinhari tenure as defined in the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869) is situated may transfer such land in the same manner and to the same extent as an occupancy 'Raiyat transfers his right in his holding under sub-section (3) of Section 46, and sub-section (4) of this Section shall apply to such land in the same way as it applies to a 'Bhuinhari tenure. (6) If any member of a 'Bhuinhari family transfers his 'Bhuinhari tenure or any portion thereof by a lease, the lessee shall not acquire a right of occupancy therein.