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Bombay Presidency - Section

Section 122A in Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958

122A. [ Disposal of land transfer or acquisition of which is valid for breach condition. [Section 122A was inserted by Maharashtra 2 of 1962, s.28.]

- Where the Collector suo motu or on an application made to him in this behalf has reason to believe that there has been a breach of any of the conditions subject to which permission to transfer land was granted under section 59, he shall issue a notice and hold an inquiry, and after giving an opportunity of being heard to the person in whose favour such transfer was made, decide whether there has been any breach of condition of transfer and on his holding in the affirmative make an order declaring the transfer to be invalid unless he holds that the breach was occasioned for reasons beyond the control of such person.
(2)On making an order under sub-section (1) the land shall stand forfeited and transferred to, and shall vest without further assurance in, the State Government.
(3)The land vesting in the State Government under sub-section (2) shall be disposed of by the Collector to persons or bodies in the order given in section 84 or in such other manner as the State Government may, by general or special order, direct; and the encumbrances lawfully subsisting thereon on the date of the vesting shall be paid out of the occupancy price in the manner provided in section 44 for the payment of encumbrances out of the purchase price of the sale of land, but the right of the holder of such encumbrances to proceed against the person liable, for enforcement of his right in any manner shall not be affected.]