Consolidation officer to decide whether lease should be transferred or not.

§29A

Summary

1[29A. Consolidation Officer to decide whether lease should be transferred or not.- (1) If the holding of an owner included in a scheme of consolidation which has come into force under section 22 is burdened with a lease, the Consolidation Officer shall, by an order in writing determine whether such lease shall or shall not be transferred therefrom. A copy of the order passed by the Consolidation Officer under this sub-section shall be affixed to a place near the holding and shall also be published in the prescribed manner. (2) If the Consolidation Officer determines that such lease shall be transferred from the original holding it shall attach itself to the holding allotted to the owner under the scheme or such part of it as the Consolidation Officer may, subject to any rules under section 37, appoint and the lessee shall exercise his rights accordingly. The provisions of sub-sections (2) and (3) of section 29 shall apply to such lease as if the lease were a mortgage or other encumbrance. (3) If the Consolidation Officer determines that such lease shall not be transferred from the original holding it shall remain attached thereto, and the owner to whom such holding is allotted under the scheme shall hold it subject to such lease; and the provisions of the 2[relevant tenancy law], shall so far as may be notwithstanding the change in the ownership, apply to such lease; and the rights and liabilities of such owner and the lessee shall be governed by the provisions of the 3[said law] as between the landlord and his tenant: Provided that such owners shall not be entitled to arrears of rent due under such lease immediately before the allotment of the holding as aforesaid. (4) An appeal against the decision of the Consolidation Officer under this section shall lie to the Settlement Commissioner within the prescribed time.]

1[29A. Consolidation Officer to decide whether lease should be transferred or not.- (1) If the holding of an owner included in a scheme of consolidation which has come into force under section 22 is burdened with a lease, the Consolidation Officer shall, by an order in writing determine whether such lease shall or shall not be transferred therefrom. A copy of the order passed by the Consolidation Officer under this sub-section shall be affixed to a place near the holding and shall also be published in the prescribed manner. (2) If the Consolidation Officer determines that such lease shall be transferred from the original holding it shall attach itself to the holding allotted to the owner under the scheme or such part of it as the Consolidation Officer may, subject to any rules under section 37, appoint and the lessee shall exercise his rights accordingly. The provisions of sub-sections (2) and (3) of section 29 shall apply to such lease as if the lease were a mortgage or other encumbrance. (3) If the Consolidation Officer determines that such lease shall not be transferred from the original holding it shall remain attached thereto, and the owner to whom such holding is allotted under the scheme shall hold it subject to such lease; and the provisions of the 2[relevant tenancy law], shall so far as may be notwithstanding the change in the ownership, apply to such lease; and the rights and liabilities of such owner and the lessee shall be governed by the provisions of the 3[said law] as between the landlord and his tenant: Provided that such owners shall not be entitled to arrears of rent due under such lease immediately before the allotment of the holding as aforesaid. (4) An appeal against the decision of the Consolidation Officer under this section shall lie to the Settlement Commissioner within the prescribed time.]

← Previous Section Next Section →

Explore this Chapter