Section 4 in Tamil Nadu Estates Communal Forest and Private Lands (Prohibition of Alienation) Act, 1947
4. Transactions of the nature specified in section 3 to be void.
(1)Any transaction of the nature prohibited by section 3 which took place, in the case of any communal or forest land, on or after the 31st day of October 1939, and in the case of any private land in a notified estate, on or after the 1st day of November 1945, shall be void and inoperative and shall not confer or take away, or be deemed to have conferred or taken away, any right whatever on or from any party to the transaction:Provided that nothing contained in this sub-section shall be deemed to invalidate -(i)any such transaction in respect of any forest land entered into before the 27th day of June 1947, in favour of any religious, charitable or educational institution, or of any hospital, or of any [local board, municipal council or cooperative society registered] [Now the district board, panchayat union council and panchayat.] or deemed to be registered under the Madras Cooperative Societies Act, 1932 [Madras Act VI of 1932] [See now the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983).], or of any other public body or institution;(ii)any such transaction in respect of any private land entered into before the date on which the impartible estate in which the land is situated is notified as specified in section 3(l)(b), in favour of any religious, charitable or educational institution, or of any hospital, or of any [local board, municipal council] [Now the district board, panchayat union council and panchayat.] or co-operative society registered or deemed to be registered under the Madras Co-operative Societies Act, 1932 [Madras Act VI of 1932] [See now the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983).], or of any other public body or institution;(iii)any such transaction in respect of any forest or private land not exceeding twenty acres in extent, entered into, in the case of forest land, before the 27th day of June 1947, and in the case of private land, before the date on which the impartible estate in which the land is situated is notified as aforesaid;(iv)any such transaction in respect of any forest or private land exceeding twenty acres in extent, entered into before the respective dates specified in clause (iii), up to a limit of twenty acres chosen by the assignee or alienee, the choice being limited as far as possible to contiguous land;(v)any such transaction in respect of any forest or private land entered into before the respective dates specified in clause (iii), in favour of an assignee or alienee in good faith and for valuable consideration.(2)Any choice made under clause (iv) of the proviso to sub-section (1) shall be communicated to the Collector of the district or such officer as may be authorized by him, in the case of forest land within three months from the date on which this Act conies into force and in the case of private land, within three months from that date or from the date on which the impartible estate is notified as aforesaid, whichever is later.(3)If any dispute arises as to the validity of the claim of any person to any land under clauses (i) to (v) of the proviso to sub-section (1), it shall be open to such person or to any other person interested in the transaction or to the [State] [Substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government, to apply to the District Judge of the district in which the land is situated, for a decision as to the validity of such claim.(4)The District Judge to whom an application is made under sub-section (3) shall, after giving notice to all the other persons concerned in the transaction or interested in the land and also, where the application is not made by the [State] [Substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government, to the [State] [Substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government, decide whether the claim to the land is valid or not; and his decision shall be final.(5)The [State] [Substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government may, by notification in the Fort St. George Gazette, make rules for the purpose of carrying the provisions of this section into effect, and in particular as to the fees to be paid in respect of the applications referred to in sub-section (3), and the procedure of the District Judge.
