GBTALA 84A — Validation of transfers made before appointed day.

Gujarat Tenancy and Agricultural Lands Act, 1948

Statutory text

(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, came into force) and before 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 percent] of the consideration or ₹ 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 rupee:

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.] (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:]

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