47. Restriction on sale of Raiyat's right under order of Court - No decree or order shall be passed by any Court for the sale of the right of 'Raiyat in his holding [or any portion thereof] nor shall any such right be sold in execution of any decree or order :
Provided as follows :-(a)any holding [or portion of holding] may be sold, in execution of a decree of a competent Court, to recover an arrear of rent which has accrued in respect of the holding;(b)any holding [or portion of a holding] may be sold, under the procedure provided by [the Bihar and Orissa Public Demands Recovery Act, 1914 (B&O Act 4 of 1914] for the recovery of a loan granted [* * *] under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturist Loans Act, 1884 (12 of 1884) or otherwise by the [State] Government;[(bb) any holding or portion of a holding, belonging to any occupancy-Raiyat may be sold, under the procedure provided by the Bihar and Orissa Public Demands Recovery Act, 1914 (Bihar and Orissa Act IV of 1914), for the recovery of loan granted by 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 by the State Bank of India or a bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 (5 of 1970) or by a company or a corporation owned or in by 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 and partly by the Central Government and which has been set up with a view to provide agricultural credit to cultivators so, however, that if such holding or portion thereof belongs to a member of the Scheduled Tribes or Scheduled Castes, it shall not be sold to any person, who is not a member of the Scheduled Tribes, or as the case may be, of the Scheduled Castes.](c)Nothing in this Section shall affect the right to execute a decree for sale of a holding passed, or the terms of conditions of any contract registered before the first day of January, 1903 [* * *][* * * * *]Explanation I. - Where a holding is held under joint landlords, 6[and a decree has been passed for the share of the rent due to one or more, but not all, of them, proviso (a) does not authorise the sale of the holding [or any portion of the holding] in execution of such decree.Explanation II. - Proviso (c) does not render valid any document which is otherwise illegal or invalid, or authorise a Court to take judicial cognizance of any such document.[48. Restrictions on the transfer of Bhuinhari tenure. - (1) A member of a 'Bhuinhari family may transfer any 'Bhuinhari tenure as defined in the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869) which is held by him or any portion thereof in the same manner and to the same extent as an aboriginal 'Raiyat may transfer his right in his holding under clauses (a) and (b) of sub-section (2) of Section 46.](2)The [State] Government may make rules permitting a member of a 'Bhuinhari family holds any 'Bhuinhari tenure to transfer such tenure or any portion thereof by sale, gift, exchange or will subject to such restrictions and conditions as may be specified in the said rules.(3)Save as provided in sub-section (1) or in any rules made under sub-section (2), a transfer of a 'Bhuinhari tenure or any portion thereof shall not be valid to any extent.(4)If a member of a 'Bhuinhari family transfers any 'Bhuinhari tenure which is held by him or any portion of such tenure in contravention of the provisions of this Section or on the expiration of the period for which any such member has transferred his 'Bhuinhari tenure or any portion thereof in accordance with the provisions of this Section or any rules made thereunder, the Deputy Commissioner may, of his own motion or on the application of such member, eject the transferee and place such member in possession of the said 'Bhuinhari tenure or portion at any time within twelve years from the date of the transfer, or from the expiration of the period of the transfer, as the case may be.[Provided that a member of the Bhuinhari may transfer by a simple mortgage his right in his tenancy or any portion thereof with a view to raising loan for agricultural purposes 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 to 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 Central Government or partly by the State Government and partly b^the Central Government and which has been set up with a view to providing agricultural credit to cultivators.](5)A member of a 'Bhuinhari family, who holds land in any village in which a 'Bhuinhari tenure as defined in the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1869) is situated may transfer such land in the same manner and to the same extent as an occupancy 'Raiyat transfers his right in his holding under sub-section (3) of Section 46, and sub-section (4) of this Section shall apply to such land in the same way as it applies to a 'Bhuinhari tenure.(6)If any member of a 'Bhuinhari family transfers his 'Bhuinhari tenure or any portion thereof by a lease, the lessee shall not acquire a right of occupancy therein.[48A. Restriction on the sale of Bhuinhari tenure. - (1) No decree or order shall be passed by any Court for the sale of the right of a member of a Bhuinhari family in his Bhuinhari-tenure, nor shall any such right be sold in execution of any decree or order.(2)A decree for arrears of rent due in respect of any Bhuinhari-tenure held by a member of a Bhuinhari family may be executed by the attachment and sale of the produce of the land comprised in the tenure or by sale of other movable property of the judgement-debtor and not otherwise.]
