Section 43 in The Maharashtra Tenancy and Agricultural Lands Act, 1948
43. [ Restriction on transfers of land purchased or sold under this Act.] [This section was substituted for the original, by Bombay 13 of 1956, Section 29.] - (1) No land purchased by a tenant under sections 32, 32F, [32-I] [This portion was substituted for '32-I or 32-O' by Maharashtra 9 of 1961, Section 20(i).], 32-O [33C or 43-1D] [This portion was substituted for the word, figures and letter 'or 33C' by Maharashtra 39 of 1964, Section 2, Schedule.] or sold to any person under section 32P or 64 shall be transferred by sale, gift, exchange, mortgage, lease or assignment [* * *] [The words or partitioned' were deemed always to have been deleted by Maharashtra 5 of 1982. Section 3(a).] without the previous sanction of the Collector. [Such sanction shall be given by the Collector in such circumstances, and subject to such condition, as may be prescribed by the State Government:
Provided that, no such sanction shall be necessary where the land is to be mortgaged in favour of Government or a society registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925, for raising a loan for effecting any improvement of such land.[Provided further that, no such previous sanction shall be necessary for the sale, gift, exchange, mortgage, lease or assignment of the land in respect of which ten years have elapsed from the date of purchase or sale of land under the sections mentioned in this sub-section, subject to the conditions that,-(a)before selling the land, the seller shall pay a nazarana equal to forty times the assessment of the land revenue to the Government;(b)the purchaser shall be an agriculturist;(c)the purchaser shall not hold the land in excess of the ceiling area permissible under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961; and(d)the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 shall be violated.](2)Any transfer [* * *] [The words 'or partition' were deemed always to have been deleted by Maharashtra 5 of 1982, Section3(b).] of land in contravention of sub-section (1) shall be invalid.] [This portion was added by Maharashtra 9 of 1961, Section 20(ii).](3)[ Notwithstanding the amendment of section 43 of the Bombay Tenancy Act made by sub-section (1) of this section, where any orders have been made, by the Collector or any officer exercising the powers of the Collector under the said section 43, declaring partition of any land as invalid and the person concerned has been evicted by the Collector or such officer for such land, before the commencement of this Act, then such orders shall not be affected by the amendment aforesaid, but shall continue to be in operation as before.] [Sub-section (2) of Section 3 of Maharashtra 5 of 1982.][Chapter III-AA] [Chapter III-AA was inserted by Maharashtra 39 of 1964, Section 2, Schedule.] Special provisions for Termination of tenancy by Landlords who are or have been Serving members of the Armed forces; and for Purchase of their Lands by Tenants
