Section 11 in Administration of Mayurbhanj State Order, 1949
11. Modification of the Tenancy Laws.
(a)Notwithstanding anything contained in the Tenancy Laws of the State 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 Administrator or an officer especially authorised by him in this behalf,(ii)to have full right over all kinds of trees standing on his holding,(iii)to issue 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 purpose 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 Tenancy Laws continued in force in the State.(c)An occupancy tenant shall not be liable to ejection 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 purposes of the tenancy, or,(ii)he has broken a condition consistent with the provisions of Tenancy Laws in force in the State 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 right of an occupancy tenant over his homestead notwithstanding any law or custom of the country.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 State 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 paper as "Ghar", "Bari" of "Ghar Bari" or a person who is granted land by the Thekadar or by a competent Revenue Officer for the purpose of using it as homestead.
