73A. [ Power to restrict right of transfer. [Section 73A was inserted by Bombay 6 of 1901, section 11.]
(1)Notwithstanding anything in the foregoing section, in any tract or village to which [the [State] Government] may, by notification published before the introduction therein of an original survey settlement under section 103, declare the provisions of this section applicable, [occupancies] [This word was substituted for the word 'the occupancy for interest of the occupant in the land' by Bombay 4 of 1913, section 31.] shall not after the date of such notification be transferable without the previous sanction of the Collector.(2)[The [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] may, by notifications in the [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.], from time to time exempt any part of such tract or village or any person or class of persons from the operation of this section.][[73AA. Restriction on transfer of occupancies of tribals to tribals or non-tribals. [Sections 73AA, 73AB, 73AC and 73AD were inserted by Gujarat 37 of 1980, section 2.](1)Notwithstanding anything contained in section 73, an occupancy of a person belonging to any of the Schedule Tribes (hereafter in this section and in section 73AB referred to as "(the tribal)" shall not be transferred to any person without the previous sanction of the Collector.(2)The previous sanction of the Collector under sub-section (1) may be given in such circumstances and subject to such conditions as may be prescribed.(3)(a)Where tribal transfers the possession of his occupancy to another tribal in contravention of sub-section (1), the tribal transferor or his successor in interest may, within two years of such transfer, apply to the collector that the possession of such occupancy may be restored to him and thereupon the Collector shall, after issuing a notice to the transferee or his successor in interest, as the case may be, in the prescribed form to show cause why he should not be disentitled to retain possession of the occupancy and after holding such inquiry as he deems fit, declare that the transferee or his successor in interest shall not be entitled to retain possession of the occupancy and that the occupancy shall be restored to the tribal transferor or his successor in interest, as the case may be, on the same terms and conditions on which the transferor held it immediately before the transfer and subject to his acceptance of the liability for payment of arrears of land revenue in respect of such occupancy in accordance with the rules made by the State Government and that the transferee or his successor in interest as the case may be, shall be deemed to be unauthorisedly occupying the occupancy:Provided that such declaration shall stand revoked if the tribal transferor, or, as the case may be, his successor in interest fails or refuses in writing to accept the restoration of the possession of such occupancy within the prescribed period.(b)Where-(i)a tribunal in contravention of sub-section (1) of section 73-A, or of any other law for the time being in force, has transferred his occupancy to another tribal at any time during the period commencing on the 4,h April, 1961 and ending on the day immediately before the date of commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 (Gujarat 37 of 1980), and(ii)the tribal transferee or his successor in interest has not been evicted from such occupancy under section 79A.the transfer of occupancy shall be valid, as if it were made with the previous sanction of the Collector under section 73A.(4)Where a tribal-(a)in contravention of sub-section (1) of this section, or of sub-section (1) of section 73A or of any other law for the time being in force, transfers his occupancy to any person other than a tribal (hereafter in this section and in section 73AB referred to as "the non-tribal") at any time on or after the date of commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 (Gujarat 37 of 1980). (hereinafter in this section referred to as "the said date"); or](b)in contravention of sub-section (1) of section 73A or of any other law for the time being in force has transferred his occupancy to a non-tribal at any time before the said date, the Collector shall, notwithstanding anything contained in any law for the time being in force, either suo-motu at any time, or on a application made by the tribal transferor or his successor-in interest at any time within three years from the said date or the date of such transfer, whichever is later, after issuing a notice to the transferee or his successor-in-interest as the case may be, to show cause why the transfer should not be declared void and after making such inquiry as he thinks fit, declare the transfer of such occupancy to be void and thereupon the occupancy together with the standing crops thereon, if any, shall vest in the State Government free from all encumbrances.(5)Where an occupancy if vested in the State Government under sub-section (4) and such occupancy was assessed or held for the purposes of agriculture immediately before its transfer by the tribal transferor, the Collector shall, after taking necessary action under sections 79A and 202, give notice to the tribal transferor or his successor in interest, as the case may be, requiring him to state in writing within ninety days from the date of receipt of such notice whether he is willing to purchase the occupancy and cultivate in personally, and if such tribal transferor or his successor in-interest agrees to purchase the occupancy and undertakes to cultivate it personally, it may be granted to him on payment of the prescribed occupancy price.(6)If within the said period of ninety days the transferor or his successor in interest does not intimate his willingness to purchase the occupancy and to cultivate it personally, or fails to pay the occupancy price within such period as may be specified by the Collector, the occupancy shall be granted to any other tribal residing in the same village or in any other village situated within such distance from the village as may be prescribed, on the same conditions, including the payment of the occupancy price, as are specified in sub-section (5), and if he is not so willing, it shall be granted to other classes of persons in such order or priority at such occupancy price and subject to such conditions as may be prescribed.(7)Where any occupancy is transferred to a non-tribal in contravention of subsection (1) such non-tribal shall, without prejudice to any other liability to which he may be subject, be liable to pay to the State Government, a penalty not exceeding three times the value of the occupancy such penalty and value to be determined by the Collector, and such determination shall be, final:Provided that before levying any such penalty, the non-lribal shall be given a reasonable opportunity of being heard.(8)The penalty payable under sub-section (7) shall, if it is not paid within the time specified by the Collector, be recoverable as an arrear of land revenue.Explanation. - For the purposes of this section,-(i)"prescribed" means prescribed by rules under section 214;(ii)"Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under article 342 of the Constitution.(iii)"to cultivate personally" shall have the meaning assigned to it in clause (6) of section 2 of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay LXVI of 1948).
