(1) Save as otherwise provided in sub-section (2) no land allotted under section 29 shall be—
(a) transferred whether by way of sale (including sale in execution of a decree of a civil suit or of an award or order of any other competent authority) or by way of gift, mortgage, exchange, lease or otherwise, or
(b) sub-divided (including sub-division by a decree or order of a Civil Court or any other competent authority ) whether by partition or otherwise, without the previous sanction of the Collector. Such sanction shall not be Special provision in respect of efficieently managed compact blocks of land and orchards to ensure efficient cultivation and continuity of production.
Application of Code to surplus land.
Restriction on transfer or subdivision of land allotted under sec tion 29.
given 85[except in such circumstances and on such conditions as hereinafter mentioned, namely :—
(i) In the case of land allotted to a co-operative society, the membership of which is held wholly or partly by persons belonging to a Scheduled Tribes or Scheuled Caste or of land allotted to a person belonging to a Scheduled Tribe or Scheduled Caste, if the transfer or sub-division thereof is in favour of a co-operative society of the same class or of a person belonging to a Scheduled Tribe or Scheduled Caste or of a person not belonging to a Scheduled Tribe or Scheduled Caste for want of a person belonging to a Scheduled Tribe or Scheuled Caste.
(ii) In the case of land allotted to any co-operative society or person other than a co-operative society or person referred to in clause (i),—
(a) the transfer or sub-division is in favour of an agriculturist who holds land less in area than the ceiling area, an agricultural labourer or a landless person,
(b) the transfer or sub-division is in favour of a person not being a person referred to in clause (i), who bona fide requires the land for a non agricultural purpose,
(c) the land is required for benefit of an industiral or commercial undertaking of an educational or chariatable institution,
(d) the land is required by a Co-operative farming society,
(e) the land is being sold in execution of a decree of a Civil Court or for the recovery of arrears of land revenue or of any sums recoverable as arrears of land revenue, or
(f) the land is being given in gift whether by way of trust or otherwise and such gift is made bona fide by the holder in favour of a member of his family.
(iii) The person who obtains land by transfer or sub-division in accordance with the provisions of this sub-section shall commence the use of the land for the purpose for which he obtained land, within a period of one year from the date on which he takes possession of the land or within such further period not exceeding five years in the aggregate as the Collector for reasons to be recorded in writing may from time to time fix.
(iv) If the person fails to comply with the condition specified in clause
(iii), the sanction given under this sub-section shall stand cancelled and the transfer or as the case may be, the sub-Division of the land in favour of the person shall for the purposes of sub-section (4) be deemed to be in contravention of this sub-section].
(2) Notwithstanding anything contained in sub-section (7), it shall be lawful for a person to mortgage or create a charge on his ineterest in the land allotted to him under section 29 in favour of the State Government in consideration of a loan advanced to him by the State Government under the the Land Improvement Loans Act, 1883, the Agriculturists' Loans Act, 1884 or the Bombay Non-Agriculturists' Loans Act, 1928, or in favour of a co-operative society 86 [or in favour of a land development bank or the State Bank of India constituted under the State Bank of India Act, 1955 or a subsidiary banks as defined in the State Bank of India (Subsidiary Banks) Act, 1959, or a bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 ] in consideration of a loan advanced to him by such co-operative society 87[ or by any such bank ], and without prejudice to any other remedy open to the 88[ State Government, the co-operative society, or as the case may be, the bank], in the event of his XIX of 1883 XXII of 1884 Bom. III of 1928.
Act 23 of 1955 Act 38 of 1959.
Act 5 of 1970.
making default in payment of such loan in accordance with the terms on which such Joan was granted, it shall be lawful for the 88[State Government, the co-operative society, or as the case may be, the bank], to cause his interest in the land to be attached and sold and the proceeds to be applied in payment of such loan.
(3) Any subsequent transfer or sub-division of land transferred or sub-divided in accordance with sub-section (1), shall also be subject to the provisions of sub-section (1).
(4) Any transfer or sub-division of land in contravention of sub-section (1) or
(3) and the acquisition of such land under such transfer or sub-division shall be invalid and the land shall stand forfeited to the State Government.