section 8
Transfers or partitions made after 15th January 1959 but before commencement of this Act
The Gujarat Agricultural Land Ceiling Act-1960Civil196055 sections
Statutory text
- (1) Where after 15th day of January 1959 but before the commencement of this Act, any person has transferred whether by sale, gift, mortgage with possession, exchange, lease, surrender or otherwise or partitioned any land held by him, then notwithstanding anything contained in any law for the time being in force such transfer or partition shall, unless it is proved to the contrary, be deemed to have been made in anticipation in order to defeat the object of this Act.
- (2) Any person affected by the provisions of sub-section
- (1) may, within the prescribed period and in the prescribed form, make an application to the Collector for a declaration that the transfer or partition was not made in anticipation in order to defeat the object of this Act.
- (3) On receipt of such application, the Collector shall hold an inquiry and after giving an opportunity to the transferor and the transferee or, as the case may be, to the parties to the partition, to be heard and after considering the evidence which may be produced, decide whether the transfer or, as the case may be, the partition was or was not made in anticipation in order to defeat the object of this Act and accordingly may—
- (i) reject the application, or
- (ii) by order in writing make a declaration that the transfer or, as the case may be, the partition was not made in anticipation in order to defeat the object of this Act.
- (4) Where the application is rejected, the transfer or, as the case may be, the partition shall be ignored in computing under this Act the area of surplus land, if any, held by such person.
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