Amendment status not verified — confirm the current text below against the official source.
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 1[the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974), no transfer by a person holding land in excess of the permissible area except a 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 be bonafide one shall be on the transferor: 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. 2[7-A. Bar to transfer of land under tea estates.- (1) Notwithstanding anything to the contrary contained in any law, contract, agreement, custom or usage for the time being in force, and the provisions contained in clause (g) of section 5 of this Act no transfer of whole or part of the land under a tea estate and identified to be exempted under section 10 of this Act, shall be made by way of sale, gift, exchange, lease, mortgage with possession or creation of any tenancy or otherwise except with the permission of the State Government. (2) No Registrar or the Sub-Registrar appointed under the Indian Registration Act, 1908, (16 of 1908) shall register any document pertaining to the transfer of land which is in contravention of the provisions of sub-section (1) and such transfer, shall be void ab-initio and the land involved in such transfer, shall together with structures, buildings or other attachments, if any, vest in the State Government free from all encumbrances and such land shall be treated as surplus area under the provisions of this Act.]