Section 84A in The Bombay Tenancy and Agricultural Lands Act, 1948
84A. [ Validation of transfer made before appointed day. [These sections were substituted by Bombay 13 of 1956, section 45.]
(1)A transfer of any land in contravention of section 63 or 64 as it stood before the commencement of the Amending Act, 1955, made after the 28th day of December 1948 (when the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay LXV of 1948), came into force) and before the 15th day of June 1955 shall not be declared to be invalid merely on the ground that such transfer was made in contravention of the said sections if the transferee pays to the State Government a penalty equal to [one per cent.] of the consideration or Rs. 100, whichever is less:Provided that, if such transfer is made by the landlord, in favour of the tenant in actual possession, the penalty leviable in respect thereof shall be one rupees;Provided further that if any such transfer is made by the landlord in favour of any person other than the tenant in actual possession, and such transfer is made either after the unlawful eviction of such tenant, or results in the eviction of the tenant in actual possession, then such transfer shall not be deemed to be validated [unless such tenant has failed to apply for the possession of the land under sub-section (1) of section 29 within two years from the date of his eviction from the land.] [These words, brackets and figures were added by Bombay 15 of 1957, section 14(1).](2)On payment of such penalty, the Mamlatdar shall issue a certificate to the transferee that such transfer is not invalid.(3)[ Where the transferee fails to pay the penalty referred to in sub-section (1) within such period as may be prescribed, the transfer shall be declared by the Mamlatdar to be invalid and thereupon the provisions of sub-section (3) to (5) of section 84C shall apply:] [This sub-section was added, by Bombay 15 of 1957, section 14 (2).][Provided that where the transfer was made in favour of the tenant nothing in this sub-section shall apply to such transfer, if the tenant pays the penalty even after the expiry of the period prescribed for such payment but before the end of the 31st March 1966.] [This proviso was added by Gujarat 36 of 1965, section 16 (w.e.f. 01-02-1966).]
