Invalidation of certain transfers or acquisitions of land.

§121

Summary

1[(1)] Where a transfer or acquisition (other than by way of surrender of tenancy) of any land such as would, if made after the commencement of this Act, be invalid under any provisions of this Act, is made between the appointed day and the date of the commencement of this Act, it shall be deemed to be invalid : Provided that if such a transfer or acquisition,- (i) would have required the previous sanction of the Collector had it been made after the commencement of this Act, or (ii) would have been subject to any conditions had it been made after the commencement of this Act- Such a transfer or acquisition shall not be declared to be invalid if- (a) in the case of category (i) the transferee or the person acquiring such land makes an application for necessary sanction within the prescribed period and such sanction is subsequently accorded by the Collector; (b) in the case of category (ii) the transferee or the person acquiring such land gives within the prescribed period an intimation in writing to the Collector about the fact of such transfer or acquisition, as the case may be, and his willingness to accept the conditions applicable to such transfer or acquisition under this Act and takes within such period not exceeding three months as may be allowed by the Collector such proceedings as may be necessary to give effect to these conditions. 2[(2) In respect of a transfer or acquisition deemed to be invalid under sub-section (1) the Tahsildar, suo motu or on the application of any person interested in such land, shall after giving a notice to the transferor, the transferee or the person acquiring such land, as the case may be, hold an enquiry and decide whether the transfer or acquisition is or is not valid. (3) If after holding such enquiry the Tahsildar declares the transfer or acquisition to be invalid, he shall direct that the land shall be restored to the person from whom it was acquired and that the amount of consideration paid, if any, shall be recovered as an arrear of land revenue from the transferor and paid to the transferee and until the amount is so fully paid, the said amount shall be a charge on the land: Provided that where the transfer of land was made by the landlord to the tenant in possession of the land, the Tahsildar shall not declare such transfer to be invalid if- (i) the price of the land received by the landlord does not exceed the reasonable price thereof under section 90 and the transferee pays to the State Government a penalty of one rupee within such period not exceeding three months as the Tahsildar may fix, or (ii) the price of the land received by the landlord exceeds the reasonable price thereof under section 90 and the transferor as well as the transferee pays to the State Government each a penalty equal to one-tenth of the reasonable price within such period as the Tahsildar may fix. (4) If the person to whom the land is directed to be restored refuses to take possession of the land, the Tahsildar shall declare it to be surplus land. (5) The amount of recurring compensation or reasonable price realised in respect of land declared as surplus land under sub-section (4), shall be payable to the transferor. (6) If the transferee refuses to accept the amount paid to him under sub-section (3) or the transferor refuses to accept the amount paid to him under sub-section (5), the amount shall be forfeited to Government.]

1[(1)] Where a transfer or acquisition (other than by way of surrender of tenancy) of any land such as would, if made after the commencement of this Act, be invalid under any provisions of this Act, is made between the appointed day and the date of the commencement of this Act, it shall be deemed to be invalid : Provided that if such a transfer or acquisition,- (i) would have required the previous sanction of the Collector had it been made after the commencement of this Act, or (ii) would have been subject to any conditions had it been made after the commencement of this Act- Such a transfer or acquisition shall not be declared to be invalid if- (a) in the case of category (i) the transferee or the person acquiring such land makes an application for necessary sanction within the prescribed period and such sanction is subsequently accorded by the Collector; (b) in the case of category (ii) the transferee or the person acquiring such land gives within the prescribed period an intimation in writing to the Collector about the fact of such transfer or acquisition, as the case may be, and his willingness to accept the conditions applicable to such transfer or acquisition under this Act and takes within such period not exceeding three months as may be allowed by the Collector such proceedings as may be necessary to give effect to these conditions. 2[(2) In respect of a transfer or acquisition deemed to be invalid under sub-section (1) the Tahsildar, suo motu or on the application of any person interested in such land, shall after giving a notice to the transferor, the transferee or the person acquiring such land, as the case may be, hold an enquiry and decide whether the transfer or acquisition is or is not valid. (3) If after holding such enquiry the Tahsildar declares the transfer or acquisition to be invalid, he shall direct that the land shall be restored to the person from whom it was acquired and that the amount of consideration paid, if any, shall be recovered as an arrear of land revenue from the transferor and paid to the transferee and until the amount is so fully paid, the said amount shall be a charge on the land: Provided that where the transfer of land was made by the landlord to the tenant in possession of the land, the Tahsildar shall not declare such transfer to be invalid if- (i) the price of the land received by the landlord does not exceed the reasonable price thereof under section 90 and the transferee pays to the State Government a penalty of one rupee within such period not exceeding three months as the Tahsildar may fix, or (ii) the price of the land received by the landlord exceeds the reasonable price thereof under section 90 and the transferor as well as the transferee pays to the State Government each a penalty equal to one-tenth of the reasonable price within such period as the Tahsildar may fix. (4) If the person to whom the land is directed to be restored refuses to take possession of the land, the Tahsildar shall declare it to be surplus land. (5) The amount of recurring compensation or reasonable price realised in respect of land declared as surplus land under sub-section (4), shall be payable to the transferor. (6) If the transferee refuses to accept the amount paid to him under sub-section (3) or the transferor refuses to accept the amount paid to him under sub-section (5), the amount shall be forfeited to Government.]

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