(1)Every transfer of an occupancy holding or a portion or share thereof whether by sale, exchange or gift shall be made by registered instrument except in the case of a sale in execution of a decree or of a certificate signed under the Bihar and Orissa Public Demands Recovery Act, 1914 (B. & O. Act IV of 1914):Provided that the State Government may exclude, from the operation of this sub-section, any class of transfer of occupancy holdings in any Government estate of which rent is payable of this Section in such estates and prescribe fines or penalties for the infringement of such rules :Provided further that nothing in this Section shall be deemed to affect the provisions of the Mohammedan Law relating to gift, and in such cases of transfer the rules made under the first proviso shall have effect.(2)A registering officer shall not accept for registration any such instrument unless the rent of each holding or a portion or share thereof is stated separately in the instrument and unless it is accompanied by a notice signed by the transferor and the transferee giving particulars of the transfer in the prescribed form and the fee prescribed for the service of such notice on the landlord.(3)When any such instrument is admitted to registration, the registering officer shall transmit the notice to the Collector who shall cause it to be served on the landlord named in the notice in the prescribed manner :Provided that when a sole landlord purchase a holding or a portion or share thereof notice need to be served.(4)In the case of a transfer of an occupancy holding or a portion or share thereof by bequest, the Court shall, before granting probate or letters of administration, require the applicant to file a notice giving particulars of the transfer in the prescribed form accompanied with the prescribed fee for the service of the notice on the landlord. When probate or letters of administration have been granted, the Court shall transfer the notice to the Collector who shall cause it to be served on the landlord named in the notice in the prescribed manner.(5)When the holding of an occupancy raiyat or a portion or share thereof is sold in execution of a decree or of a certificate signed under the Bihar and Orissa Public Demand Recovery Act, 1914 (B. & O. Act IV of 1914) other than a decree or certificate for arrears of rent due in respect of the holding or dues recoverable as such, and neither the purchaser nor the decree holder is the sole landlord, the Court or the Revenue Officer, as the case may be, shall, before confirming the sale, require the purchaser to file a notice giving particulars of the transfer in the prescribed form and to deposit a fee of the prescribed amount for the service of it. When the sale hand been confirmed, the Court or the Revenue Officer shall transmit the notice to the Collector who shall cause it to be served on the landlord in the prescribed manner.(6)When a mortgage of a holding of an occupancy raiyat or of a portion or share thereof is foreclosed and the decree-holder is not himself the sole landlord, the Court shall before making a decree or order absolute for the foreclosure, require the mortgagee to file a notice giving particulars of the transfer in the prescribed form and to deposit fee of the prescribed amount for the services of it. When the decree or order for foreclosure has been made absolute, the Court shall transmit the notice to the Collector who shall cause it to be served on the landlord in the prescribed manner.(6-A) Notwithstanding anything contained in the preceding provisions of this Section, in any case of transfer of an occupancy holding or a portion or share thereof in a Government estate, of which rent is payable direct to Government, the notices referred to in Sub-sections (1) to (6) shall not be required to be accompanied any fee for the service of such notices on the landlord and need not be served by,the Collector on the State Government as landlord.(7)Nothing in this Section shall bar any suit in a Civil Court for establishing setting aside a transfer.
