Section 165(6) in The M.P. Land Revenue Code, 1959
(6)[ Notwithstanding anything contained in sub-section (1) the right of bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe by the State Government by a notification in that behalf, for the whole or part of the area to which this Code applies shall-(i)in such areas as are predominately inhabited by aboriginal tribes and from such date as the State Government may, by notification, specify, not be transferred nor it shall be transferable either by way of sale or otherwise or as a consequence of transaction of loan to a person not belonging to such tribe in the area specified in the notification;(ii)in areas other than those specified in the notification under clause (i), not to be transferred or be transferable either by way of sale or otherwise or as a consequence of transaction of loan to a person not belonging to such tribe without the permission of a Revenue Officer not below the rank of Collector, given for reasons to be recorded in writing.Explanation. - For the purposes of this sub-section the expression "otherwise" shall not include lease.] [Substituted by M.P. Act No. 61 of 1976 (w.e.f. 29-11-1976).][(6-a) Notwithstanding anything contained in sub-section (1), [the right of a bhumiswami other than a bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe under sub-section (6), in the land excluding the agricultural land] [Inserted by Notification No. F-16-1 -81 -XXV, dated 15-4-1981.] shall not be transferred or be transferable either by way of sale or otherwise or as a consequence of transaction of loan to a person not belonging to aboriginal tribe without the permission of the Collector given for reasons to be recorded in writing :Provided that every such transfer effected [after the 9th day of June, 1980 but before the 20th April, 1981] [Substituted by Notification dated 17-7-1981.] which is not in accordance with the provisions herein contained shall, unless such transfer if ratified by the Collector in accordance with the provisions hereinafter contained, be void and shall be of no effect whatsoever, notwithstanding anything contained in this Code or any other law for the time being in force.(6-b) Notwithstanding anything contained in the Limitation Act, 1963 (No. 36 of 1963), the Collector may on his own motion at any time or on an application made in this behalf within three years of such transaction in such form as may be prescribed, make an enquiry as he may deem fit, and may, after giving a reasonable opportunity of being heard to the persons affected by the transfer, pass an order ratifying the transfer or refusing to ratify the transfer.(6-c) The Collector shall in passing an order under sub-section (6-a) granting or refusing to grant permission or under sub-section (6-b) ratifying or refusing to ratify the transaction shall have due regard to the following : -(i)whether or not the person to whom land is being transferred is a resident of the Scheduled Area;(ii)the purpose to which land shall be or is likely to be used after the transfer;(iii)whether the transfer serves, or is likely to serve or prejudice the social, cultural and economic interest of the residents of the Scheduled Area;(iv)whether the consideration paid is adequate;(v)whether the transaction is spurious or benami; and(vi)such other matters as may be prescribed.The decision of the Collector granting or refusing to grant the permission under sub-section (6-a) or ratifying or refusing to ratify the transaction of transfer under sub-section (6-b), shall be final, notwithstanding anything to the contrary contained in this Code.Explanation.-For the purpose of this sub-section,-(a)"Scheduled Area" means any area declared to be a Scheduled Area within the State of Madhya Pradesh under paragraph 6 of the Fifth Scheduled to the Constitution of India;(b)the burden of proving that the transfer was not spurious, fictitious or benami shall lie on the person who claims such transfer to be valid.(6-d) On refusal to grant the permission under sub-section (6-a) or ratification under sub-section (6-b), the transferee, if in possession of the land shall vacate the possession forthwith and restore the possession thereof to the original bhumiswami.(6-e) If the bhumiswami for any reason whatsoever fails or is unable to take possession of the land of which the right of possession stands restored to him under sub-section (6-d), the Collector shall cause the possession of land to be taken and cause the land to be managed on behalf of the bhumiswami subject to such terms and conditions as may be prescribed till such time as the original bhumiswami enters upon his land :Provided that if any resistance is offered in restoring possession, the Collector shall use or cause to be used such force as may be necessary.[(6-ee) The agricultural land transferred by the bhumiswami other than a bhumiswami belonging to an aboriginal tribe declared under sub-section (6) to a person not belonging to an aboriginal tribe shall not be diverted for any other purpose before the expiry of period of ten years from the date of transfer;] [Inserted by Notification No. 37-4-VII-N-II-84, dated 4-6-1984.](6-f) The provisions of sub-section (6-a) to [(6-ee)] [Substituted by Notification No. 37-4-VII-N-II-84, dated 4-6-1984.] shall have effect, notwithstanding anything to the contrary contained in this Code or any other law for the time being in force.] [Substituted by M.P. Act No. 2 of 1990 (w.e.f. 6-2-1990).]
