49. Transfer of occupancy-holding or Bhuinhari-Tenure for certain purposes - [(1) Notwithstanding anything contained in Sections 46, 47 and 48 any occupancy Raiyat or any member of a Bhuinhari family, who is referred to in Section 48 may transfer his holding or tenure or any part thereof for the following purposes,-
(a)in any case, the use of the land for any industrial purposes or for any other purposes which the State Government may, by ratification declare to be subsidiary thereto or for access to land used or required for any such purpose.(b)in any case, the use of the land for the purpose of mining or for any other purposes which the State Government may, by notification, declare to be subsidiary thereto or for access to land used or required for any such purpose.(2)The transferee in such cases shall not be entitled to use the land so transferred for any other purpose except for which it was transferred.](3)Every such transfer must be made by registered deed, and before the deed is registered and the land transferred, the written consent of the Deputy Commissioner must be obtained to the terms of the deed and to the transfer.(4)Before consenting to any such transfer, the Deputy Commissioner shall satisfy himself that [adequate compensation is tendered to landlord for the loss (if any) caused to him by the transfer], and, where only part of a holding or tenure is transferred, may, if he thinks fit, apportion; between the transferee and the original tenant the rent payable for the holding or tenure.[* * * * * *][(5) The State Government may, at any time within a period of twelve years from the date on which written consent is given by the Deputy Commissioner in regard to the transfer of any holding or part thereof belonging to an occupancy-Raiyat, who is a member of the Scheduled Tribes either on its own motion or on an application made to it in this behalf set aside such written consent and annul the transfer, if after holding an inquiry in the prescribed manner and after giving reasonable opportunity to the parties concerned to be heard it finds that the consent had been obtained in contravention of the provisions of sub-sections (1) and (2) by misrepresentation or fraud, and in case any holding or part thereof has been transferred on the basis of such written consent direct the Deputy Commissioner to take further necessary action under clause (c) of sub-section 4-A of Section 46.][50. Acquisition of tenure or holding by landlord for certain purposes. - (1) Notwithstanding anything contained in Sections 46 and 47, the Deputy Commissioner, may,-(a)on the application of the landlord of a holding and on being satisfied that he is desirous of acquiring the holding or any part thereof for some reasonable and sufficient purpose having relation to the good of the holding or of the tenure or estate in which it comprised, such as the use of the land for any charitable, religious or educational purpose, or for the purpose of manufacture or irrigation, or as building ground for any such purpose or for access to land used or required for any such purpose, and after such inquiry as the Deputy Commissioner may think necessary, authorise the acquisition thereof by the landlord upon such conditions as the Deputy Commissioner may think fit, and require the tenant to sell his interest in the holding or part to the landlord upon such terms as may be approved by the Deputy Commissioner, including compensation to the tenant;(b)on the application of the landlord of a tenure or holding and on being satisfied that he is desirous of acquiring any land within the said tenure or holding for the purpose of mining or for any other purpose which the [State] Government may by notification declare to be subsidiary thereto or for access to land used or required for such purpose, and after such inquiry as the Deputy Commissioner may think necessary, authorise the acquisition by landlord of such land or part thereof upon such conditions as the Deputy Commissioner may think fit, and require all persons holding interests directly or indirectly subordinate to him in the land to sell their interest to the said landlord upon payment to every such holder or such compensation as the Deputy Commissioner may determine.(2)(a)In determining the compensation to be paid under this Section, theDeputy Commissioner shall take into consideration the matter specified in clauses first to fifthly of Section 23 of the Land Acquisition Act, 1894 (1 of 1894) and the damage, if any, resulting from diminution of the profits of the land between the time of the publication of the notice under sub-section (3) and the time when the person making the application under clause (a) or clause (b) of sub-section (1) makes tender of compensation under sub-section (5).(b)The Deputy Commissioner shall not take into consideration any of the matters specified in clause first to sixthly of Section 24 of the Land Acquisition Act, 1894 (I of 1894), nor any outlay or improvements on, or disposal of, the land acquired commenced, made or effected after the date of the publication of the notice under sub-section (3).(c)The Deputy Commissioner shall, in addition to the market value of the land ascertained in accordance with the provisions of clause (a) of this sub-section, award to the holder of any interest acquired under this Section a sum of 20 percentum on such market value in consideration of the compulsory nature of the acquisition.(3)The Deputy Commissioner shall, before holding the inquiry mentioned in clause (a) or clause (b) of sub-section (1), give notice in the prescribed manner of the application for acquisition under this Section and of his intention to hold such inquiry, to all persons known or believed to be interested in any land proposed to be acquired, and shall receive and decide any objection to the proposed acquisition which may be made by any person ;Provided that if any person, being the owner or lessee of the minerals lying under the land proposed for acquisition or under any part thereof, shall so subject to the Deputy Commissioner, such land or part thereof, as the case may be shall not be required under clause (b) of sub-section (1):Provided also that if the landlord applies for the acquisition of a part of a holding, whether such part includes the homestead land of the Raiyat or not, the Deputy Commissioner shall, if the Raiyat does not wish to retain the remainder of the holding, reject the application or acquisition, unless the landlord is willing to acquire the entire holding.(4)On the acquisition under this Section of a part of any tenure or holding, the Deputy Commissioner may order such reduction of rent as may be fair and equitable.(5)If the landlord making an application under clause (a) or clause (b) of sub-section (1) tenders to any person, whose holding or interest or part thereof is being acquired such sum as the Deputy Commissioner has determined as compensation under sub-section (2) and such person refuses the same, the Deputy Commissioner may, on the landlord depositing the said sum with the Deputy Commissioner, give possession of such holding or interest to the landlord in the prescribed manner.(6)Any person interested, who has not accepted the award under this Section may, by written application presented to the Deputy Commissioner within six weeks of the date of the award, require that the matter be referred to the principal Civil Court of original jurisdiction for determination in accordance with the procedure prescribed in Part II of the Land Acquisition Act, 1894 (1 of 1894).(7)Nothing herein contained shall enable the Deputy Commissioner to authorise the acquisition of any part of a holding whereon a temple, mosque or other place of worship, sacred grove, burial or burning ground exists.]
