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State of Himachal Pradesh - Section

Section 7 in The Himachal Pradesh Ceiling on Land Holdings Act, 1972

7. Certain transfers not to affect the surplus area.

(1)Except in the case of land acquired by the Union Government or the State Government under any law for the time being in force or by a tenant under the Pepsu Tenancy and Agricultural Lands Act, 1955 (13 of 1955), or the Punjab Security of Land Tenures Act, 1953 (10 of 1953), or the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (15 of 1953), no transfer by a person holding land in excess of the permissible area except to bonafide transfer after the appointed day shall affect the right of the State Government to the surplus area to which it would be entitled but for such transfers.
(2)The Collector shall determine whether a transfer is bonafide or not and his decision shall be final:Provided that the burden of proving the transfer to the bonafide one shall be on the transferer:Provided further that if a person transfers any land in contravention of the provisions of this section, in case of vestment in the State, the land left with him after such transfer will be taken into account first and the transferred land will be taken into account only for making up of deficiency of land to be vested.