23. Effect of transfer in contravention of Section 22.
(1)In the case of any transfer in contravention of the provisions of [Sub-section (1) of Section 22] [Substituted vide Orissa Act No. 13 of 1965.] the Revenue Officer on his own information, or on the application of any person interested in the land may issue notice in the prescribed manner calling upon the transferor and transferee to show cause why the transfer should not be declared invalid.(2)[ After holding such enquiry as the Revenue Officer deems fit and after hearing the persons interested, he may declare such transfer to be invalid and impose on the transferee penalty of an amount not exceeding two hundred rupees per acre of the land so transferred for each year or any part thereof during which the possession is continued in pursuance of the transfer which has been declared to be invalid] [Substituted vide Orissa Act No. 9 of 1974.] [and may also order such portion of the penalty as he deems fit, to be paid to the transferor or his heir.] [Added vide Orissa Act No. 44 of 1976.](3)On a declaration being made under Sub-section (2) the Revenue Officer suo motu or on the application of any person interested cause restoration of the property to the transferor or his heirs and for the purpose may take such steps as may be necessary for compliance with the said order of preventing any breach of peace :[Provided that if the Revenue Officer is of the holding that the restoration of the property is not reasonably practicable, he shall record his reasons therefor and shall, subject to the control of Government settle the said property with another member of a Scheduled Tribe or in the absence of any such member, with any other person in accordance with the provisions contained in the Orissa Government Land Settlement Act, 1962 (33 of 1962).] [Substituted vide Orissa Act No. 44 of 1976.]Explanation. - Restoration of the property means actual delivery of possession of the property to the transferor or his heir.(4)[ Where any transfer is declared under this section to be invalid and the transferee or any other person in possession of the property has been evicted therefrom the transferee shall not be entitled to the refund of any amount paid by him to the transferor by way of consideration for the transfer.] [Inserted vide Orissa Act No. 44 of 1976]
