Subletting and Transfer — Sections 45–52

7.1 General Rule — Prohibition of Subletting

As a general rule, a Khatedar cannot sublet the land as it defeats the purpose of land reform (ensuring cultivator retains the land). However, the Act creates exceptions:

Permitted subletting (Section 45):

• A widow who is unable to cultivate personally
• A person who is a minor
• A person physically incapacitated due to disease or disability
• A person in military service for the duration of service
• A female who is in purdah (observing seclusion)

7.2 Duration of Permitted Subletting

Sub-tenancy is permitted for a maximum of five years; renewal requires fresh permission. The sub-tenant cannot acquire Khatedar rights in the sub-let land regardless of the period of cultivation — they remain sub-tenants as long as the sub-tenancy continues.

7.3 Transfer to Non-Agriculturist — Section 42

Transfer of Khatedari land to a non-agriculturist requires:

• Collector's written permission
• Public notice inviting objections
• Consideration of whether the transfer would cause land concentration

SC/ST Protected Transfers: Transfer of SC/ST khatedari land to any non-SC/ST person (including another agriculturist) requires permission from the Sub-Divisional Officer (SDO) with additional conditions to prevent alienation of tribal land.

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