240. Restrictions on transfer of Mundari khunt-kattidari tenancies - (1) No Mundari-khunt-kattidari tenancy or portion thereof shall be transferable by sale, whether in execution decree or order of a Court or otherwise :
Provided that, when a decree or order has been made by any Court for the sale of any such tenancy or portion thereof, in satisfaction of a debt due under a mortgage (other than a usufructuary mortgage) which was registered before the commencement of the Chota Nagpur Tenancy (Amendment) Act, 1903 [(Ben. Act 5 of 1903)], the sale may be made with the previous sanction of the Deputy Commissioner.(2)If the Deputy Commissioner refuses to sanction the sale of any such tenancy or portion thereof under the proviso to sub-section (1), he shall attach the land and make such arrangements as he may consider suitable for liquidating the debt.(3)No mortgage of a Mundari khunt-kattidari tenancy or any portion thereof shall be valid, except a bhugut bandha mortgage for a period, expressed or implied, which does not exceed or cannot in any possible event exceed seven years :[Provided that, a Mundari Khunt Kattidar tenant may transfer by simple mortgage his right in this tenancy or any portion thereof with a view to raising loan for agricultural purpose to 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 company or Corporation owned by or in which not less than fifty one per cent of the share capital is held by the State Government or the Central Government or partly by the State Government or partly by the Central Government and which has been set up with a view to providing agricultural credit to cultivators.](4)No lease of a 'Mundari Khunt kattidari' tenancy or any portion thereof shall be valid, except a lease of one or other of the following kinds, namely :-(a)'mukarrari leases' of uncultivated land, when granted to a Mundari or a group of Mundaris for the purposes of enabling the lessees or the male members of their families to bring suitable portions of the land under cultivation;(b)leases of uncultivated land, when granted to a 'Mundari' cultivator to enable him to cultivate the land as a Raiyat.Explanation. - The expression "uncultivated land" as used in this sub-section, includes land which, though formerly cultivated, is not, at the time the lease is granted, either under cultivation or in the occupation of the lessee for purposes of cultivation.(5)Where a 'Mundari khunt-kattidari' tenancy is held by the group of 'Mundari khunt-kattidars' no bhugut bandha mortgage or 'mukarrari' lease of the tenancy or any portion thereof shall be valid, unless it is made with the consent of all the 'Mundari Khuntkattidars'.(6)No transfer of a 'Mundari khuntkattidar' tenancy or any portion thereof, by any contract or agreement made otherwise than as provided in the foregoing subsections shall be valid; and no such contract or agreement shall be registered.(7)Nothing in the foregoing sub-section shall affect any sale or, except as declared in the Proviso to sub-section (1), any mortgage or any lease, made before the commencement of the Chota Nagpur Tenancy (Amendment) Act, 1903 [(Bengal Act 5 of 1903).]
