Chapter II Chapter II

Exemptions and restrictions on transfer of land

[3. The following lands shall be exempted from the provisions of this Act, that is to say,-

1. (a) land held by a local authority or a University established by law within the State;
2. (b) land held by the Madhya Pradesh State Agro Industries Development Corporation Ltd., or any other Corporation, controlled or managed by the State Government or the Central Government, whether singly or jointly;
3. (c) land which is the property of a public trust or a wakf for a religious purpose : Provided that-
   • (i) such public trust or wakf is registered on or before the 1st January, 1971 under any enactment relating to public trust or wakf for the time being in force and the entire income of such land is appropriated for the purpose of such trust or wakf;
   • (ii) such land is property of the public trust or wakf on the appointed day;
4. (d) land held by a Bhoodan Yagna Board under the Madhya Pradesh Bhoodan Yagna Adhiniyam, 1968 (No. 28 of 1968);
5. (e) land held by a co-operative land development bank or any other co-operative bank registered or deemed to be registered under the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961);
6. (f) land held by a bank; Explanation.- For the purpose of this clause 'bank' means a banking company as defined in section 5 of the Banking Regulation Act, 1949 (No. 10 of 1949), and includes the State Bank of India constituted by the State Bank of India, 1955 (No. 23 of 1955), a subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (No. 38 of 1959), a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (No. 5 of 1970), the Agricultural Refinance Corporation established under the Agricultural Refinance Corporation Act, 1963 (No. 10 of 1963), the Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956 (No. 1 of 1956) and any other financial institution as the State Government may, by notification, specify in this behalf;] [(g) land held by such Co-operative Societies as hold land not exceeding the total area arrived at by aggregating the ceiling area in respect of each of its members on the register of members for the time being and approved by general or special order by the State Government in this behalf : Provided that in the case of a Joint Farming Society no member shall hold land in excess of the ceiling area;]
7. (h) any class of land which the State Government may, for a public purpose, by notification, exempt from the provisions of this Act.]

[(1) Notwithstanding anything contained in any law for the time being in force, where after, the 1st January, 1971 but before the appointed day, any holder has transferred any land held by him by way of sale, gift, exchange or otherwise or has effected a partition of his holding or part thereof or the holding held by the holder has been transferred in execution of a decree of any Court, the competent authority may, after notice to the holder and other persons affected by such transfer or partition and after such enquiry as it thinks fit to make, declare the transfer or partition to be void if it finds that the transfer or the partition, as the case may be, was made in anticipation of or to defeat the provisions of this Act.] [(2) Nothing in this section shall apply to a transfer made by a holder--

1. (a) who does not hold land in excess of the ceiling area; or
2. (b) who is a member of a family and where all the members of the family together do not hold land in excess of the ceiling area; as specified in sub-section

1. (1) of section 7 as substituted by section 8 of the Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1974 on the date of the transfer.]
2. (3) Any person aggrieved by an order of the competent authority under this section may prefer an appeal against such order to the Board of Revenue. The decision of the Board and subject to the decision of the Board in appeal the decision of the competent authority shall be final. [(4) In regard to every transfer to which this section applies, the burden of proving that the transfer was not benami or was not made in any other manner to defeat the provisions of this Act shall be on the transferor.
3. (5) Notwithstanding anything contained in any law for the time being in force,-
   • (i) no Court shall entertain any suit for the specific performance of any contract of sale of land on the basis of any agreement or document made on or before the 1st January, 1971, or
   • (ii) any decree passed by a Civil Court for the specific performance of the contract of sale of land on the basis of any agreement or document made on or before the 1st January, 1971 shall be null and shall not be enforceable, over if such suit or decree is for the purpose of defeating the provisions of this Act.]

Notwithstanding anything contained in any law for the time being in force, no land shall be-

1. (a) transferred whether by way of sale (including sale in execution of a decree of a Civil Court or of an award or order of any other lawful authority) or by way of gift, exchange, lease or otherwise; or
2. (b) sub-divided (including sub-division by a decree or order of a Civil Court or any other lawful authority) whether by partition or otherwise; until a final order under section 11 is passed except with the permission in writing of the Collector.

1. (2) The Collector may refuse to give such permission if in his opinion the transfer or sub-division of land is likely to defeat the object of this Act. [(3) Nothing in this section shall apply to a transfer made by a holder--
   • (a) who does not hold land in excess of the ceiling area; and
   • (b) who is a member of a family and where all the members of the family together do not hold land in excess of the ceiling area; as specified in sub-section
2. (1) of section 7 as substituted by section 8 of the Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1974 on the date of the transfer.]
3. (4) The registering officer shall furnish to the Collector or such other officer as may be authorised by him in writing in this behalf, particulars relating to every transfer of land made on or after the 1st January 1971 and before the appointed day, in such form and within such period as may be prescribed.
4. (5) [In regard to every transfer to which this section applies the burden of proving that the transfer was not benami or was not made in any other manner to defeat the provisions of this Act shall be on the transferor]

x x x x x

x x x x x