Section 5 in The M.P. Ceiling On Agricultural Holdings Act, 1960
5. Restrictions on transfer or sub-divisions of land and consequences of transfer or sub-division made in contravention thereof.
- Notwithstanding anything contained in any law for the time being in force, no land shall be-(a)transferred whether by way of sale (including sale in execution of a decree of a Civil Court or of an award or order of any other lawful authority) or by way of gift, exchange, lease or otherwise; or(b)sub-divided (including sub-division by a decree or order of a Civil Court or any other lawful authority) whether by partition or otherwise;until a final order under Section 11 is passed except with the permission in writing of the Collector.(2)The Collector may refuse to give such permission if in his opinion the transfer or sub-division of land is likely to defeat the object of this Act.[[(3) Nothing in this section shall apply to a transfer made by holder-(a)who does not hold land in excess of the ceiling area; and(b)who is a member of a family and where all the members of the family together do not hold land in excess of the ceiling area;as specified in sub-section (1) of Section 7 as substituted by Section 8 of the Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1974 on the date of the transfer.] [Substituted by M.P. Act No. 13 of 1974 (w.e.f. 7-3-1974.)][Substituted by M.P. Act No. 20 of 1974 (w.e.f. 7-3-1974.)](4)The registering officer shall furnish to the Collector or such other officer as may be authorised by him in writing in this behalf, particulars relating to every transfer of land made on or after [the 1st January 1971] [Substituted by M.P. Act No. 20 of 1974 (w.e.f. 7-3-1974.)] and before the appointed day, in such form and within such period as may be prescribed.(5)In regard to every transfer [to which this section applies] [Substituted by M.P. Act No. 20 of 1974 (w.e.f. 7-3-1974.)] the burden of proving that the transfer was not benami or was not made in any other manner to defeat the provisions of this Act shall be on the transferor.]
