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Section 12: Restrictions on transfer, sub-division, partition, conversion or improvement of land.

The Maharashtra Project Affected Persons Rehabilitation Act, 1999State Act of Maharashtra · Act 11 of 2001

(1) Notwithstanding anything contained in any law for the time being in force, no agricultural land in the villages or areas specified in the notification under section 11 shall, after publication of the notification in the Official Gazette, and until Collector makes a declaration to the effect that no further land in the benefited zone of any particular village or area therefrom is required for the purpose of this Act, be-

(a) transferred whether by way of sale (including sale in execution of a decree of civil court or of an award or order of any other competent authority) or by way of gift, exchange, lease or otherwise ;

(b) sub-divided (including sub-division by a decree or order of any court or any other competent authority) ; or

(c) partitioned (including partition by a decree or order of any court or any other competent authority) ;

(d) converted to non-agricultural purpose ; or

(e) improved by making substantial additions and alternations, except with the permission in writing of the Commissioner.

(2) The Commissioner may refuse to give such permission, if in his opinion, the transfer, sub-division, partition, conversion or improvement of land is likely to defeat the object of this Act, or may give such general or special permission, subject to such conditions, if any, as he may deem fit to impose to carry out the object of this Act, including a condition that the grant of such permission shall be without prejudice to the area of land liable to be compulsorily acquired under section 14 on the basis of any holding as it existed immediately before the grant of such permission.

(3) Any transfer, sub-division, partition, conversion or improvement of land made in contravention of sub-section (1) or of any condition imposed under sub-section (2), shall be void and inoperative.

(4) Any transfer, sub-division, partition, conversion or improvement of any land in the villages or areas specified in notification under section 11 and to which restrictions specified in this section apply, made on or before the date of such notification shall not be taken into consideration for the purposes of sub-section (4) of section 14, unless such transfer, sub-division, partition, conversion or improvement is made-

(a) by mets and bounds and entries in respect thereof are recorded in the relevant village record after due certification ; or

(b) by decree to that effect and entries in respect thereof are recorded in the relevant village records after due certification or the proceedings are pending before the Revenue Authorities for recording the entries in respect of the same in the relevant village records.

Where this provision sits

ActThe Maharashtra Project Affected Persons Rehabilitation Act, 1999
Section12
Marginal noteRestrictions on transfer, sub-division, partition, conversion or improvement of land.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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