Amendment status not verified — confirm the current text below against the official source.
Transaction of the Nature Specified in Section 3 to be void – (1) Any transaction of the nature prohibited by Section 3 which took place on or after the 1 st day of April, 1946, shall be void and inoperative and shall not confer to take away or be deemed to have conferred to 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 private land or forest land entered into prior to the 30th day of November, 1947 in favour of any religious, charitable or educational institution or of any hospital or of any local authority or cooperative society registered either under the Madras Co operative Societies Act, VI of 1932 or the Bihar and Orissa Co-operative Societies Act, VI of 1935, as the case may be, of any other public body or institution; 3 (ii) any such transaction in respect of private land or forest land entered into prior to the 30th day of November, 1947 in favour of any person in good faith and for valuable consideration. (2) If any dispute arises as to the validity of the claim of any person to any land under Clauses (i) and (ii) of the proviso to Sub-section, (1) it shall be upon to such person 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 (3) The District Judge to whom an application is made under Sub-section (2) shall, after giving notice to all the persons concerned in the transaction or interested in the land also, where the application is not made by the 1[State Government] to the State Government decide whether the claim to the land is valid or not; and his decision shall be final and not subject to appeal or revision in any superior Court. (4) The 1[State Government] may, by notification makes rules for the purpose of carrying into effect the provisions of this section and in particular as to the fees to be paid in respect to the application referred to in Sub-section (3) and the procedure to be followed by the District Judge. Explanation- In Sub- section (2), (3) and (4) the expression “District Judge” shall include “Additional District Judge” in respect of those cases that may be transferred to him for disposal. Case Laws: Section 4 (1)- Civil Court’s jurisdiction to determine the validity of a lease to “Nij –jote land” as contemplated under-Scope of – Lessees to file such an application to enforce the law : ILR 1964 Cutt. 111: 30(1964) CLT. (Notes) 6. Section 4 (2)- Jurisdiction of the Court – District Judge appointed as competent authority to decide the validity of claim- Jurisdiction of the ordinary Civil Court barred : 30 (1964) CLT 481. Section 4 (2) and section (7) of the Orissa Estates Abolition Act, 1951- Plaintiff claiming “khas possession “ under section of the O.E.A. Act on the basis of a sale deed which defendant disputes being void under Act (1) of 1948-Order of Estate Abolition Collector setting land on plaintiff without considering validity of sale deed and plaintiff not filing dispute before District Judge for decision –Decree passed of Civil Court basing on such sale deed and order of settlement of land under section (7) of O.E.A. Act invalid : 36 (1970) CLT 636. Section 4(2) and (3) Application of Lease after 1.4 .1946 Provisions not applicable- No application of District Judge lies: ILR 1972 Cutt.753. Section 4 land leased out without previous sanction of Collector void: 64(1987) CLT