Restriction on transfer of agricultural land

Restriction on transfer of agricultural land.—

1. (1) No person who owns or occupies or in possession of an agricultural land shall transfer such land by way of sale (including sale in execution of a decree of a Civil Court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift, exchange, lease or by any other mode of transfer, in favour of a person other than an agriculturist: Provided that the Collector may on an application made in a prescribed form grant permission to transfer such land to a person other than Agriculturist in any of the following circumstances, namely:—
   • (a) the land is required for purpose of agriculture by industrial or commercial undertaking in connection with such industrial or commercial operations carried on by such undertaking;
   • (b) the land is required by a co-operative farming society;
   • (c) on the request by a person to the Collector, the Collector is satisfied that the land is required for cultivating it personally by a person, who, not being an agriculturist, intends to take up agriculture and is capable of cultivating land personally;
   • (d) in such other circumstances as may be prescribed: Provided further that the person referred at clause
   • (c) above shall take up agriculture on such land within a period of three years from the date of acquisition of such land and continue to carry thereon agriculture, failing which, such land shall vest in the Government, upon expiry of three years from the date of abandonment or discontinuation of such activity.
2. (2) No person who owns or occupies or in possession of any agricultural land shall use or allow it to be used for any purpose other than agriculture, except by following due procedure laid down under any law in force.
3. (3) Any transfer of an agricultural land in contravention of the provisions of sub-section
4. (1) shall be null and void and non-est in the eyes of law and shall not confer any right or title to or interest in such agricultural land in favour of the transferee.
5. (4) If any question arises as to whether any land is an agricultural land or not, the Mamlatdar of the respective jurisdiction shall after holding such inquiry as deemed fit by him decide such question.