Amendment status not verified — confirm the current text below against the official source.
Ins, by kSec. 2 of the Santal Parganas (Supplementary Proivisons) Amendment Act, 1951 (Bihar Act 11 of 1951), for the original proviso. Shall distribute the rent of the holding calculated on the basisi of settlement rate of rent, and his decision shall be final. (4) The order of the Deputy Commissioner under sub-section (3) shall take effect from such date as the Deputy Commissioner may specify in his order. (5) The Deputy Commissioner shall have power to award cost to any party to any proceeding under this section, and any sum ordered to be paid as cost shall be recoverable from the party by whom it is payable as a public demand payable to the Deputy Commissioner. (6) The Deputy Commissioner shall pay any sum recovered as cost by him under sub-section (5) to the party to whom such costs are payable. Provided, firstly, that in no case shall such holding be sub-divided if the rent of any portion of the holding will be less than three rupees. Secondly, that the private holding of the village headman pledged as security shall in no case be split up if his share together with the official, if any, will not be adequate security for the village rent. And Thirdly, that any sub-division or partition of the holding or the distribution of its rent shall not have the effect of splitting up the joint liability of faiyats for the payment of the rent of the holding as it stood prior to the sub-division or partition. (20) Transfer of raiyat’s rights – (1) No transfer by a raiyat of his right in his holding or any portion thereof, by sale, gift, mortgage, will, lease or any other contract or agreement, express or implied, shall be valid unless the right to transfer has been recorded in the record-of-rights, and then only to the extent to which such right is so recorded. Provided that a lease of raiyati land in any sub-division for the purpose of the establishment or continuance of an excise shop thereon may be validly granted or renewed by a raiyat for a period not exceeding one year, with the previous writt3en permission of the Deputy Commissioner. Provided further that where gifts by a recorded Santhal raiyat to a sister and daughter are permissible under the Santal Law, such a raiyat may with the previous written permission of the Deputy Commissioner, validly make such a gift; Provided also that an aboriginal raiyat may, with the previous written permission of the deputy Commissioner, make a garnt in respect of him lands not exceeding one fhalf of the area of his holding to his widowed mother or to his wife for her maintenance after his death. (2) Notwithstanding any thing to the contrary contained in the record-or-rights, no right of an aboriginal raiyat in his holding or any portion thereof which is transferable shall be transferred in any manner to anyone but a bona fide cultivation aboriginal raiyat of the parganan or taluk or tappa in which the holding is situated. Provided that nothing in this sub-section shall apply to a transfer made by an aboriginal raiyat of his right in his holding or portion thereof in favour of his gardi jamai or ghar jami. 1[ Provided further that a raiyat who is a member of aboriginal tribes or aborigine cates may, with the previous sanction of the Deputy Commissioner and a raiyat, who is not a member of the aboriginal tribes or aboriginal castes may without such previous sanction, enter into a simple mortgage in respect of his holding or a portion thereof with any Scheduled Bank within the meaning of the Reserve Bank of India Act, 1934, or 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 a financial instituting or with a Company or a Corporation owned by or in which not less than fifty one percent of share capital is held by the State Government, or the central government, or partly by the Central government and which has been set up with a view to provide agricultural credit to cultivators.] (3) No transfer in contravention of sub—section (1) or (2) shall be registered, or shall be in any way recognised as valid by any Court, whether in exercise of civil, criminal or revenue jurisdiction. (4) No decree or order shall be passed by any Court or officer for the sale of the right of a raiyat in his holding or any portion thereof, nor shall any such right be sold in execution of any decree or order, unless the right of the raiyat to transfer has been recorded in the record-of-rights or provided in this Act and then only to the extent to which such right is so recorded or provided. 2[Provided that a holding or a portion thereof an occupancy raiyat may be sold in accordance with the procedure laid down in Bihar and Orissa Public Demands Recover Act, 1914 (B and O. Act 4 of 1914) for the realisation of loans taken from any scheduled bank within the meaning of the Reserve Bank of India Act, 1934, or 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