Leases and Transfers of Holdings under CNT Act, 1908
Leases and Transfers of Holdings under CNT Act, 1908
Lands Exempted From Chapters IV and VI
Bar to acquisition of right of occupancy in, and to application of Chapter VI to landlords’ privileged lands and certain other lands [ section – 43]
You cannot acquire a right of occupancy in the following situations, and the rules in Chapter VI (or in Sections 64 to 66) do not apply:
(a) If you are a tenant with a registered lease over landlord’s privileged lands mentioned in Section 118(a) for more than one year, or if you have a written or oral lease for a period of one year or less.
(b) If the land falls under Section 118(b) for landlord’s privileged lands.
(c) If the land is acquired under the Land Acquisition Act of 1894 for any government, local authority, or railway company, or if it belongs to the government within a cantonment while it remains their property.
(d) If the land belongs to the government, a local authority, or a corporation that promotes public health or community well-being, and is used for public works like roads, canal embankments, dams, or reservoirs, or if it is acquired for their repair or maintenance as long as it continues to be used for these purposes.
Leases and Transfers of Holdings and Tenures
Raiyat entitled to a lease [section – 44]
Every Raiyat has the right to receive a lease from their landlord that includes the following information:
(a) The size and boundaries of the land they are renting. If the fields have numbers from a Government survey, the lease should include these numbers.
(b) The total yearly rent for the land.
(c) The payment schedule for the rent.
(d) If some of the rent is paid in goods, the lease must state how much and when those goods should be delivered.
(e) Any special rules or conditions related to the lease.
Restrictions on transfer of their right by Raiyat [ section – 46]
1) A Raiyat cannot transfer their rights in a holding or any part of it in the following ways: (a) by mortgage or lease for more than five years, or (b) by sale, gift, or any other contract. These transfers are not valid. A Raiyat can enter a ‘bhugut bundha’ mortgage for up to seven years, or up to fifteen years if the mortgagee is a society registered under the Bihar and Orissa Co-operative Societies Act, 1935.
The following exceptions apply:
(a) An occupancy Raiyat who belongs to a Scheduled Tribe can transfer their rights (with the Deputy Commissioner’s approval) to another member of the Scheduled Tribe who lives nearby.
(b) An occupancy Raiyat who is a member of the Scheduled Castes or Backward Classes can transfer their rights (with the Deputy Commissioner’s approval) to another member of these groups living in the district.
(c) Any occupancy Raiyat can transfer their rights to a registered society, bank, or a company that provides agricultural credit.
(d) An occupancy Raiyat who is not a member of the Scheduled Tribes, Scheduled Castes, or Backward Classes may transfer their rights to anyone else.
2) These transfers must be recognized by landlords.
3) Transfers that violate these rules cannot be registered or recognized by any court.
3-A) The Deputy Commissioner must be included in civil suits where one party is a member of the Scheduled Tribes and the other is not.
- Within three years after a Raiyat transfers their rights, they can ask the Deputy Commissioner to regain possession of the holding or portion in the proper way.
Restriction on sale of Raiyat’s right under order of Court [ section – 47]
No court can issue an order to sell a ‘Raiyat’s’ rights in their holding or any part of it. Additionally, these rights cannot be sold to satisfy a court order. However, there are some exceptions:
(a) A holding or part of a holding can be sold to recover unpaid rent through a court order.
(b) A holding or part of a holding can be sold to recover a loan under the Bihar and Orissa Public Demands Recovery Act, 1914 (B&O Act 4 of 1914) or loans given under the Land Improvement Loans Act, 1883, or the Agriculturist Loans Act, 1884 by the State Government.
(c) This section does not change the right to carry out a court-ordered sale of a holding or to enforce contracts that were registered before January 1, 1903.
Kumar Roy vs. State of Bihar (1973) –
This case emphasizes that any transfer of tenancy rights without the landlord’s consent is void under the CNT Act. Tenants must obtain permission from their landlords before sub-leasing or transferring their holdings.
Rao Narayan Singh vs. State of Bihar (1978) –
It established that tenants have certain rights regarding the transfer of holdings, particularly if they have been in continuous possession for a defined duration.
Conclusion:
These case laws and provisions under the CNT Act provide a structured framework for managing leases and transfers of holdings. They emphasize the need for written agreements and the necessity of upholding tenant rights, ensuring that both landlords and tenants understand their obligations under the law.
Chotanagpur Tenancy Act 1908 Notes Chotanagpur Tenancy Act 1908 Notes Chotanagpur Tenancy Act 1908 Notes
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Leases and Transfers of Holdings under CNT Act, 1908
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Leases and Transfers of Holdings under CNT Act, 1908