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Bombay Presidency - Section

Section 57 in Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958

57. Restriction on transfers of land purchased or sold under this Act.

(1)No land, or any interest therein purchased by a tenant under Sections 41 or 46 [or 49A [or 57D] [This was inserted by Maharashtra 2 of 1962, s. 18.]] or 130 or sold to any person under Section 91 or 122 shall be transferred or agreed by an instrument in writing to be transferred by sale, gift, exchange, mortgage, lease or assignment or partitioned without the previous sanction of the Collector. Such sanction shall be given by the Collector in such circumstances and subject to such conditions as may be prescribed by the State Government.[Provided 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 LXII of Holdings Act, 1947 shall not be violated.]
(2)Any transfer or partition, or any agreement of transfer, of any land or interest therein in contravention of sub-section (1) shall be invalid:Provided that nothing in this section shall apply to the lands purchased by an occupancy tenant.[Chapter IIIA] [Chapter III-A was inserted by Maharashtra 39 of 1994.] Special Provisions for Termination of Tenancy by Landlords who are or have been serving members or the Armed Forces; and for Purchase of Their Lands by Tenants