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Section 84A: Validation of transfers made before appointed day.

The Maharashtra Tenancy and Agricultural Lands Act.State Act of Maharashtra · Act 67 of 1948

[84A. Validation of transfers made before appointed day.- (1) A transfer of any land in contravention of section 63 or 64 as it stood before the commencement of the Amending Act, 1955, made after the 28th day of December 1948 (when the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948), came into force) and before the 15th day of June 1955 shall not be declared to be invalid merely on the ground that such transfer was made in contravention of the said sections if the transferee pays to the State Government a penalty equal to [one per cent.] of the consideration or Rs. 100, whichever is less :

Provided that, if such transfer is made by the landlord, in favour of the tenant in actual possession, the penalty leviable in respect thereof shall be one rupee :

Provided further that if any such transfer is made by the landlord in favour of any person other than the tenant in actual possession, and such transfer is made either after the unlawful eviction of such tenant, or results in the eviction, of the tenant in actual possession, then such transfer, shall not be deemed to be validated [unless such tenant has failed to apply for the possession of the land under sub-section (1) of section 29 within two years from the date of his eviction from the land].

(2) On payment of such penalty, the Mamlatdar shall issue a certificate to the transferee that such transfer is not invalid.

[(3) Where the transferee fails to pay the penalty referred to in sub-section (1), within such period as may be prescribed, the transfer shall be declared by the Mamlatdar to be invalid and thereupon the provisions of sub-sections (3) to (5) of section 84C shall apply].

Where this provision sits

ActThe Maharashtra Tenancy and Agricultural Lands Act.
Section84A
Marginal noteValidation of transfers made before appointed day.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted. These sections were inserted, ibid., s. 45.
  • substituted, Bom. 63 of 1958. These words were substituted for the words "five per cent." by Bom. 63 of 1958, s. 12.
  • added, Bom. 15 of 1957. These words were added by Bom. 15 of 1957, s. 14(1).
  • added. This sub-section was added, ibid., s. 14(2).

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