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State of Rajasthan - Section

Section 13 in The Rajasthan Colonisation Act, 1954

13. [ Transfer of rights. [Substituted by Rajasthan 23 of 1974.]

- [(1) No tenant shall without the previous consent in writing of the State Government or an Officer of the State Government authorised by it in this behalf, to be given on the fulfilment of such conditions as may be prescribed, transfer his rights or interest in land by way of sale, mortgage, exchange or gift or shall create a charge thereon or shall sub-let the same for more than five years except by way of exchange under Section 12 or by way of mortgage or charge to the State Government or to a Bank for the purpose of obtaining financial assistance from any of them:][Provided that the State Government may exclude any area or class of tenants from the operation of sub-Section (1).] [Added by Rajasthan 12 of 1989 [7.9.1988].]
(2)A transfer or sub-lease made or charge created in contravention of sub-Section (1) shall be void and if the transferee, sub-lessee or, as the case may be, the charge holder has obtained possession of the land transferred, sub-let or, as the case may be, charged or of any part thereof, he shall, after an opportunity of being heard has been given to him and to the transferor, be liable to be ejected therefrom under the orders of the Collector and such land shall be resumed by the Collector to the State Government.Explanation. - For the purpose of sub-Section (1) of this section-
(a)The expression "Bank" shall have the same meaning as is assigned to it by clause (b) of Section 2 of the Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974 (Rajasthan Act 22 of 1974) and shall include Land Development Banks specified in Section 84 of the Rajasthan Co-operative Societies Act, 1965 (Rajasthan Act 13 of 1965) and such other bank or financial institution which the State Government may, by notification in the Official Gazette, specify as a Bank for such purpose: and
(b)The expression "financial assistance" shall have the same meaning as is assigned to it by clause (f) of Section 2 of the Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974 (Rajasthan Act 22 of 1974).]