4. Restrictions on transfer of their rights by raiyats.. -
(1)For the purpose of these rules'-(a)"transfer" means a transfer in contravention of sub-section (1) of Section 46 of the Chota Nagpur Tenancy Act, 1908, and(b)"raiyat" means an occupancy-raiyat or a raiyat having khunt-katti rights, but does not include a member of a Bhuinhari family referred to in Section 48 of the said Act or a tenant of a ghatwari holding.(2)A transfer of his entire holding, or, with the Deputy Commissioner's consent of part of his holding, may be made by a raiyat to another person who is of the same tribe or caste as himself and resides in the same village or an adjoining village belonging to the same landlord, or, with the sanction of the Deputy Commissioner, to any person without limitation of residence who is closely related to the transferor raiyat.(3)No transfer by a raiyat of the Kolhan in the district of Singhbhum shall be made without the previous sanction of the Deputy Commissioner whose order in that behalf shall be final.(3-A) An application by a raiyat for the consent or sanction of the Deputy Commissioner to a transfer may be made to the Sub-divisional Officer. A Sub-divisional Officer receiving any such application shall, after making such enquiries as he thinks fit, forward the application with his recommendations thereon to the Deputy Commissioner for orders.(4)No transfer shall be valid unless made by a registered instrument.(5)When a Deputy Commissioner sanctions a transfer of land under these rules, his order shall not be taken to decide or affect any question relating to any customary right or right of inheritance.[(6)(i) The Deputy Commissioner receiving the application under clause (a) of sub-section (4A) of Section 46, after examining the documents, if any, which may be produced by or on behalf of his claim over the land, shall serve a notice on the transferee concerned calling upon him to appear either in person or through an agent duly authorised by him in this behalf in his Court at a time and on a date to be specified in the notice and to file a written statement, if any on the point or points arising in the matter. The Deputy Commissioner after giving a reasonable opportunity to the parties concerned of being heard and adducing evidence, if any, will determine whether the transfer was made in contravention of clause (a) of the second proviso to sub-section (1) of Section 46 and thereupon pass order under clause (b) or clause (c) of sub-section (4-A) of Section 46, as the case may be.(ii)If the transferee fails to appear either in person or through his duly authorised agent on the date and time specified in the notice, or extended date, the Deputy Commissioner may proceed to decide the dispute ex parte.][5. Recovery of possession of their holdings by tenants under Sections 46(4),46(4A) and Section 73(3). - (1) Whenever the Deputy Commissioner determines to put a raiyat into possession of his holding or a portion thereof under sub-section (4) of Section 46 of the Act, or to restore an occupancy -raiyat to possession of his holding or a portion thereof under sub-section (4A) of Section 46 or to restore an occupancy-raiyat to possession of his holding under sub-section (3) of Section 73, he shall issue a warrant to the Head Bailiff of his Court, directing him to cause possession of the holding or portion thereof to be given to the raiyat.(2)The substance of the warrant shall be proclaimed by a Bailiff of the said Court by beat of drum,-(a)in the village in which the land is situate, and also in some conspicuous places on the land itself, and(b)when the land is situated in more than one village, then in each such village separately.(3)Possession shall, if practicable, be given in the presence of the transferee or the landlord or his agent, as the case may be, whom it is intended to dispossess, and of two or more persons (one of whom shall, if possible, be the headman) of the village in which the land is situated and the Bailiff shall attach to his report the thumb-impression or signature of two such persons.
