240 KESTRICTIONS ON THE ALIENATION OF LANDS. 



one hand, such transfers are made subject to the provisions of the Act, 

 it is at the same time provided that the Deputy Commissioner shall 

 sanction transfers of this nature made bond fide by a tenant to his 

 landlord [clauses 3 and 4 (2} of the Bill] . 



(it) Gifts for religions or charitable purposes. Gifts of this 

 nature are expressly excluded from the definition of 'permanent aliena- 

 tion' in the Act as it now stands, and here again there is an opening for 

 evading the restrictions imposed by the Act. In the Bill this matter 

 is dealt with on similar lines to those applied to the purchase by a 

 landlord of occupancy rights, i.e., the sanction of the Deputy Com- 

 missioner will be necessary, but it is provided that sanction must be 

 given to all bond fide gifts of this character. 



(Hi) The permission of the Government of India has been 

 obtained to a change in respect of the authority for notifying agricul- 

 tural tribes. Section 4 of the Act requires the sanction of the 

 Governor-General in Council before a tribe can be notified as an 

 agricultural tribe. The work of notifying tribes has-been practically 

 completed, and the general principles on which they are selected for 

 notification have been determined, so that there is no further object 

 in requiring previous sanction. Clause 5 of the Bill provides for the 

 deletion of the words which make such sanction necessary. 



(iv) The fourth point to be noticed is one of some considerable 

 importance in the practical working of the Act. One of the main 

 features of the Act was the limitation of the period of years for 

 which land could be temporarily alienated by members of agricultural 

 tribes to outsiders, and power was given to the Deputy Commissioner 

 to oust a mortgagee or lessee who remained in possession after the 

 expiry of the prescribed period. But two defects or omissions have 

 come to light of which I will notice the more important first. Where 

 a mortgagee under either of the first two forms of mortgage permit- 

 ted by section 6 is in possession of the land, section 7 (3) permits 

 the mortgagor to redeem the land on payment of the mortgage debt 

 or the proportionate amount of it which the Deputy Commissioner 

 determines to be due. But if the mortgagee declined to receive the 

 amount due when tendered by the mortgagor or to give up posses- 

 sion, the mortgagor would have to face the troubles and expense 

 involved in civil litigation. It is a very common cause of complaint 

 that a mortgagor may be quite ready and willing to make the pay- 



