Section 20(5) in Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949
(5)[ If at any time it comes to the notice of the Deputy Commissioner that a transfer of land belonging to a raiyat who is a member of the Scheduled Tribes as specified in Part III of the Schedule to the Constitution (Scheduled Tribes) Order, 1950, has taken place in contravention of sub-section (1) or (2) or by any fraudulent method [including decrees obtained in suits by fraud or collusion', he may, after giving reasonable opportunity to the transferees, who is proposed to be evicted, to show cause and after making necessary enquiry in the matter evict the transferee from such land without payment of compensation and restore it to the transferor or his heir, or in the case the transferor or heir is not available or is not willing to agree to such restoration, re-settle it with another raiyat belonging to the Scheduled Tribes according to the village custom for the disposal of an abandoned holding:] [Subs. By Section 6 of the Bihar Scheduled Areas Regulation, 4969 (Bihar Regulation 1 of 1969)]Provided that if the transferee has within 30 years from the date of transfer, constructed any building or structure on such holding or portion thereof, the Deputy Commissioner, shall, if the transferor is not willing to pay the value of the same, order the transferee to remove the same withing a period of six months from the date of the order, or within such extended time not exceeding two years from the date of the order as the Deputy Commissioner may allow, failing which the Deputy Commissioner may get such building or structure removed:Provided further that where the Deputy Commissioner is satisfied that the transferee has constructed a substantial structure or building on such holding or portion thereof before coming into force of the Bihar Scheduled Areas Regulation, 1969, he may, notwithstanding any other provisions of the Act, validate such a transfer where the transferee either, makes available to the transferor an alternative holding or portion thereof, as the case may be, of the equivalent value in the vicinity or pays adequate compensation to be determined by the Deputy Commissioner for rehabilitation of the transferor:Provided also that if after an enquiry the Deputy Commissioner is satisfied that the transferee has acquired a title by adverse possession and that the transferred land should be restored or re-settled, he shall require the transferor or his heir or another raiyat, as the case may be to deposit with the Deputy Commissioner such sum of money as may be determined by the Deputy Commissioner having regard to the amount for which the land was transferred or the market value of the land, as the case may be, and the amount of any compensation for improvements effected to land which the Deputy, Commissioner may deem fair and equitable][Explanation. [Inserted by Section 2 (c) of the Santal Parganas Tenancy (Supplementary Provisions) Amendment Act, 1975 (Bihar Act 17 of 1976)] - For the purpose of this section a financial institution means,-i. a banking company as defined in the Banking regulation Act 1949,ii. the State Bank of India constituted under the State Bank of India Act, 1955,iii. a subsidiary Bank as defined in the State Bank of India) Subsidiary Bank) Act, 1959,iv. a corresponding new bank constituted under the banking Companies (Acquisition and Transfer of Undertakings) Act, 1970,v. Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963,vi. the Agro- Industries Corporation,vii. the Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956, andviii. any other institution as may be notified in this behalf as a financial institution by the State Government in the Official Gazette.]
