Section 20 in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
20. Raiyat may sub-let after giving information to Collector or Executive Committee of Gram Panchayat.
- [(1) Subject to the provisions of the tenancy law of the area and other provisions of this Act, and the Rules made by the State Government under this section, a raiyat, who is minor or a widow or an unmarried, divorced or separated woman or a person suffering from mental or physical disability or a person in the service of the Army, Navy or Air force of the Union of India or a public servant in receipt of a substantive salary not exceeding two hundred and fifty rupees a month, may sublet any land during the period the raiyat remains a minor or a widow or unmarried or divorced or separated woman or suffers from mental or physical disability or remains in the service of the Army, Navy or Air force of the Union of India or remains a public servant in receipt of a substantive salary not exceeding two hundred and fifty rupees a month.Explanation. - (i) When a land is held by a raiyat mentioned in this subsection jointly with another person who is not entitled to the benefit thereof only such raiyat shall be entitled to the benefit thereof in respect of his own share of the land in the joint family.(ii)Any person who is either remunerated out of the Revenue of the Central Government or any State Government or any local authority or by any other public body including an educational institution recognised in this behalf by the State Government shall, for the purposes of Sub-section (1) deemed to be a public servant.(iii)Where any question arises as to whether any person is or is not a public servant or in the service of the Army, Navy or Air Force of the Union of India, the question shall be referred to the State Government and the decision of the State Government which shall be made after giving the person concerned reasonable opportunity of representing his case shall be final.](2)(i)A raiyat shall not be entitled to recover from the sub-lessee holding at money-rent, rent exceeding the rent which he himself pays, by more than fifty per cent of the same:Provided that where the land held by such sub-lessee is a portion of the holding of such raiyat the rent calculated for the entire holding in the aforesaid manner shall be reduced in such proportion as the area of the land sub-let bears to the total area of the holding.(ii)Where the sub-lessee pays for the land sub-let to him, rent in kind by division of the produce, the raiyat, under whom he holds that land shall not be entitled to recover rent from the sub-lessee exceeding one fourth of the produce of such land:Provided that such raiyat shall not be entitled to any share in the straw or bhoosa as rent out of the produce of such land.Explanation. - The word "straw" in this Section includes jute sticks after the jute has been extracted therefrom, and arhar and maize sticks.(3)A sub-lessee to whom land has been sub-let under this Section shall not, irrespective of the duration of his tenancy, acquire any right of occupancy in such land and he may be ejected from such land on one or more of the following grounds but not otherwise, namely:-(i)that he has failed to pay an arrear of rent:(ii)that he has used the land in a manner which renders it unfit for the purposes of the tenancy: or(iii)that the term of the lease has expired.(4)(i)When a sub-lessee is liable to be ejected under sub-section (3), the raiyat of the land may make an application in the prescribed Form within the prescribed period for the restoration of the land sub-let to him after ejecting the sub-lessee therefrom.(ii)On such application being filed, if the Collector, after giving the parties a reasonable opportunity of being heard and adducing evidence, and making such inquiry as he thinks fit, is satisfied for reasons to be recorded that the sub-lessee is liable to be ejected, he shall direct the sub-lessee to put the raiyat in possession of the land within six months of the order.(iii)If the sub-lessee against whom an order is made under clause (ii) refuses or fails to put the raiyat in possession of the land within the period specified in the said clause, the Collector shall, on the application of the raiyat made within the prescribed period and subject to any order on appeal or revision, eject the sub-lessee and put the raiyat in possession thereof, and may, for that purpose use such force as may be necessary.(5)(i)If any sub-lessee wishes to surrender the land sub-let to him under this section, he shall submit an application to the Collector and the Collector shall, if he is satisfied that the proposed surrender is being made voluntarily, accord permission thereto and register the same in the prescribed manner:Provided that soon after the application is received by the Collector shall, in consultation with the raiyat, sub-let the land on behalf of the raiyat to another person for the remainder of the term of the original lease and until such settlement is made by the Collector the surrender shall not take effect.(ii)No document purporting to surrender the land shall be registered by the registering authority under the Indian Registration Act, 1908 (XVI of 1908), unless the document is accompanied with the permission of the Collector approving the surrender.(6)The provisions of sub-sections (2) and (5) shall apply also to an under raiyat holding land on the date of the commencement of this Act under a raiyat who on such date did not hold land in excess of the ceiling area.
