Amendment status not verified — confirm the current text below against the official source.
Restriction on transfer -Notwithstandmg anything to the contrary contained in any other law, or in any contract, custom or usage, or in any Judgment, decree or order of any court, any transfer effected by a member of a Scheduled Tribe, of immovable property possessed, enjoyed or owned by him, on or after the commencement of this Act to a person other than a member of a Scheduled Tribe, without the previous consent in writmg of the competent authority, shall be invalid 5 Certain transfers to be invalid.-Notwithstandmg any- thing to the contrary contained in any other law for the time being in force, or m any contract, custom or us~gE', or in any judgment, decree or order of any court, any transfer of immo- vable property possessed, enjoyed or owned by a member of a Scheduled Tribe to a person other than a member of a Sche- duled Tribe, effected on or after the 1st day of January 1960, and before the commencement of this Act shall be deemed to be invalid. 6 Reconveyance of property.-(1) Where by reason of a transfer of immovable property which is invalid under section 4 or section 5, a member of a Scheduled Tribe has ceased or ceases to be m possess10n or enjoymen~ thereof, he shall be entitled to the restoration of possession or enjoyment, as the case may be, of such property (2) Any person entitled to be restored to the posse3sion or enJoyment of any immovable property under sub-section (1) or any other person on his behalf may makP an application, either orally or in writing, to the Revenue Divisional Officer within a period of one year from the date of commencement of this Act or such further pE>riod as may be specified by Gov- ernment by notification in the Gazette,- (a) for restoration of possession or enjoyment, as the case may be, of such property, if such transfer had been made before the date of commencement of this Act , or I I I ~ I I J 191 (b) for restoration of possession or enjoyment, as the case may be, of such property and for the prosecution of the person who has procured such transfer, if such tron~l"er was made on or after the date of commencement of this Act. (3) On receipt of an application under sub-section (2), the Revenue Pivisional Officer shall make or cause to be made necessary inquiries in respect of such application and, if he is satisfied that the applicant or the person on whose behalf the application has been made is entitled to restoration of possession or enjoyment, as the case may be, of the immovable property mentioned in the application, he shall, by order, direct the person m possession or enjoyment of such property to tlelivcr possession thereof to the aophcent or to the person on whose behalf the application has been made, or, as the case may be. to allow him to enjoy such property, within a period of thiry days from the date of servke of the order and also specify the amount payable under section 11 · Provided that no ordE'lf under this sub-section shall be made unless the person in possession or enJoyment o( the pro- perty has been given a reasonable opportunity of being heard m the matter (4) Every order made under sub-section (3) shall be served on the person for whom it is intended,- (a) by dehvenng or tend'enng it to that person , or (b) if it cannot be delivered or tendered to that person. by delivering or tenderini:! 11. to c>ny officer of such J)erson or any adult member of the family of such person or by affixing a copy thereof on the outer-door or some conspicuous part of the premises m which that person 1s known to have last resided or carried on business or pe!'sonally worked for gain , or (c) failing served by any of these mean<> ,by reg1ste1·ed post "? (5) Any person aggrieved by an ordrr of the Revenue Divisional Officer under sub-section (3) may, within a period of thirty days from the datf' of service of the order, pref Pr an appeal to the competent authority, and the d<>c1s1on of thP. competent authority on such appeal shall be final and sha11 not be called in question in any court of law. 192 (6) Where an order under sub-section (3) has not been complied with, and (a) an appeal has not been preferred withm the time allowed for such appeal ; or (b) an appeal having been preferred has been d1s- m1ssed, the Revenue Divis10nal Officer shall cause the immovable property to which the order relates to be delivered' to the transferor by putting him m possess10n or enjoyment of that property, if need be, by removing any person who refuses to vacate the same 1 7 Suo motu action by Government.-(1) Notwithstanding anything contained m section 6, the Government may, of their own motion, by order, d1rect the person m possession or enJoyment of any immovable property to deliver possession thereof to a member of a Scheduled Tribe or allow such a member to enJOY such property, If they are satisfied after necessary mqumes that such member was deprived' of the possession or en1oyment. as the case may be, of that immovable property by reason of a transfer which 1s invalid under section 4 or section 5 : Provided that no order under this sub-section shall be made unless the person in possession or enjoyment of the property has been given a reasonable opportunity of being heard' m the matter. (2) Every order under sub-section (1) shall be served on the person for whom it is intended m the manner specified in sub-section (4) of section 6. (3) An order under sub-section (1) shall be final and shall not be questioned m any court. 8 Burden of proof.-Where, in any proceedings under this Act, or in the trial of an offence punishable under section 13, the validity of any transfer of immovable property is called m quest10n, the burden of proof of the validity shall, notwithstanding anything contained in any other l~w for the time being m force, he on the person who claims such transfer to be valid 9 Inadmissibility of deetfs for purposes of registratior.- Notw1thstandmg anything containe:l m the Reg1str?.tlon Act, 1908 (Central Act 16 of 1908), no deed of transfer of any l J immovable property executed in contravention of or contrary to the provisions of this Act shall be accepted in registration.