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[Cites 0, Cited by 0] [Section 49] [Entire Act]

Chota Nagpur Division - Subsection

Section 49(4) in Chota Nagpur Tenancy Act, 1908

(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.