103. Transfer in contravention of the provisions of the Code (Section 105).
(1)If a bhumidhar or an asami has transferred his interest in any holding or part thereof which is void under section 104, the Lekhpal shall promptly submit a report to the Sub-Divisional Officer containing particulars specified in rule 97(1).(2)On receipt of the report of the Lekhpal under sub-rule (1), or on information received otherwise, the Sub- Divisional Officer shall call upon the parties to the transfer to show cause, why action under section 104 read with section 105 should not be taken in respect of the land in question.(3)After hearing the parties and making such inquiries as may be considered necessary, if the Sub- Divisional Officer is satisfied that the transfer in question is void under section 104, he shall declare that-(a)the subject matter of such transfer shall vest in the State Government;(b)the trees, crops, well and other improvements existing on the holding or part shall vest in the State Government free from all encumbrances; and(c)the interests of the transferor as well as of the transferee stood extinguished, from the date of such transfer.(4)The Sub-Divisional Officer shall direct that the revenue records should be corrected accordingly and where the transfer in contravention of the provisions of the Code relates to a part of the holding, he shall also fix land revenue in respect of the part left with the transferor in accordance with Chapter XI of these rules.(5)Every order of the Sub-Divisional Officer under this rule shall be endorsed to the Samiti for necessary action.(6)Where any property referred to in section 105 has vested in the State Government, the Collector may evict any person in unauthorised occupation of such property and deliver possession thereof to the Gram Panchayat concerned.
