Section 57: Restriction on transfers of land purchased or sold under this Act.
The Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act.State Act of Maharashtra · Act 99 of 1958
(1) No land purchased by a tenant under section 41 or 46 [or 49A [57D]] or 130 or sold to any person under section 91 or 122 shall be transferred by sale, gift, exchange, mortgage, lease or assignment [ * * *] without the previous sanction of the Collector. Such sanction shall be given by the Collector in such circumstances and subject to such conditions as may be prescribed by the State Government.
[Provided that, no such previous sanction shall be necessary for the sale, gift, exchange, mortgage, lease or assignment of the land in respect of which ten years have elapsed from the date of purchase or sale of land under the sections mentioned in this sub-section, subject to the conditions that,-
(a) before selling the land, the seller shall pay a nazarana equal to forty times the assessment of the land revenue to the Government;
(b) the purchaser shall be an agriculturist;
(c) the purchaser shall not hold the land in excess of the ceiling area permissible under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Mah. XXVII of 1961); and
(d) the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947) shall not be violated.]
(2) Any transfer [ * * *] of land in contravention of sub-section (1) shall be invalid:
Provided that nothing in this section shall apply to the lands purchased by an occupancy tenant.
Restriction on transfers of land purchased or sold under this Act.
Jurisdiction
State of Maharashtra
Status
In 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, Mah. 2 of 1962. This was inserted by Mah. 2 of 1962, s. 13.
inserted, Mah. 39 of 1964. This was inserted by Mah. 39 of 1964, s. 2, Schedule.
omitted, Mah. 5 of 1982. The words "or partitioned" shall be deemed always to have been deleted by Mah. 5 of 1982, s. 8(1)(a).
added, Mah. 1 of 2014. This proviso was added by Mah. 1 of 2014, s. 4.
other, Mah. 24 of 2012. The short title of the Act has been amended as "the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act" by Mah. 24 of 2012, sections 2 and 3, Schedule, Entry 29, w.e.f. 1-5-1960.
omitted, Mah. 5 of 1982. The words "or partition" shall be deemed always to have been deleted by Mah. 5 of 1982, s. 8(1)(b). Section 8(2) of Mah. V of 1982 reads as under :- "Notwithstanding the amendment of section 57 of the Vidarbha Tenancy Act made by sub-section (1) of this section, where any orders have been made, by the Collector or any officer exercising the powers of the Collector under the said section 57, decla…
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