Section 10 in The Administration of Orissa States Orders, 1948
10. Modification of the Tenancy Laws.
(a)Notwithstanding anything contained in the Tenancy Laws of the states as continued in force under sub-paragraph (b) of paragraph 4 an occupancy tenant shall be entitled-(i)to freely transfer his holding subject to the restriction that no transfer of a holding from a member of an aboriginal tribe to a member of a non-aboriginal tribe shall be valid unless such transfer is made with the previous permission of the Sub-divisional Magistrate concerned ;(ii)to have full right over all kinds of trees standing on his holding(iii)to use the land comprised in the holding in any manner which does not materially impair the value of the land or render it unfit for the purposes of the tenancy ;(iv)to presume that the rent for the time being payable by him is fair and equitable until the contrary is proved.(b)Where a rent of an occupancy tenant is payable in cash, it shall not be liable to be enhanced except in accordance with the Tenancy Laws continued in force in the state concerned.(c)An occupancy tenant shall not be liable to ejectment from his holding except in execution of a decree for ejectment passed on the ground that-(i)he has used the land comprised in his holding in a manner which renders it unfit for the purpose of the tenancy; or(ii)he has broken a condition consistent with the provisions of the Tenancy Laws in force in the state concerned and on breach of which he is under the terms of a contract between himself and his landlord liable to be ejected.(d)The interest of an occupancy tenant in his holding shall on his death pass by inheritance or survivorship in accordance 'with his personal law.(e)A "Sukhabasi" shall be entitled to the rights at an occupancy tenant over his homestead notwithstanding any law or custom to the contrary.Explanation. - (1) An "occupancy tenant" means a tenant or a raiyat having occupancy rights in his holding under the Tenancy Laws continued in force in the various states under sub-paragraph (b) of paragraph 4.(2)An "aboriginal tribe" means any tribe that may from time to time be notified as such by the Provincial Government for the purpose of this Order.(3)A "Sukhabasi" means any person holding only homestead whether or not recorded in the settlement papers as , Ghar" "Bari" or "Gharbari" or a person who is granted land by the Thikadar or by a competent Revenue Officer for the purpose of using it as homestead.
