Chapter IX A

Certain restrictions on the rights of transfer for the protection of the interests of the scheduled tribes

Service of Notice for transfer

1. (1) A notice by a person not belonging to the scheduled Tribe under section 107D shall be in Form 66 to the competent authority. The original notice shall be accompanied by as many copies of the notice as there are co-sharers of the land intended to be transferred and the members of the scheduled Tribe owing land adjoining such land along with two more copies to be affixed on such land and in the office of the competent authority.
2. (2) The notice shall clearly describe the property to be sold, the price to be charged, the encumbrances to the land if any the name, address of the co-sharers and the name, address of the members of the Scheduled Tribe owing land adjoining to the land to be sold.
3. (3) In an application under sub-section (3) of section 107 D the co-sharer and the member of the Scheduled Tribe shall indicate as to whether he is ready to purchase the land at a price demanded by the intending transferor.
4. (4) If more one co-sharers or members of the Scheduled Tribe apply under sub-section (3) of section 107D to purchase the land to be sold, the competent authority shall selected a person entitled to purchase such land in accordance either the provisions of sub-section (4) of section 107D and shall communicate his decision to the person selected to purchase the land and to the intending transferor.
5. (5) If no application is received under sub-section (3) of section 107D within the time specified the competent authority shall invite applications by a notice in Form 67 from the intending purchaser belonging to the landless Scheduled tribe residing in the village or Tehsil, as the case may be, where the land is situated.
6. (6) Notice in Form 67 under sub-rule (5) shall be served by affixing a copy thereof in a conspicuous place of the village where the lands is situated in the Tehsil office and in the office of the competent authority.
7. (7) On receipt of the applications under sub-rule (6) the competent authority shall after examining the applications and after hearing the applications and such other person or persons as he may to be heard, select a landless member of the scheduled Tribe entitled to purchase the land to be sold and shall communicate the same to the person selected and to the intending transferor.
8. (8) If there is any dispute about the market value payable for the land to be sold as referrer to in sub-sections (6) and (8) of section 107D the competent authority shall determine the market value of the land after examining the relevant documents and after hearing such person or persons as he may like to be heard. The value of the land used for agricultural and non-agricultural purpose shall be determined by the competent authority after taking into consideration the market value of similar land devoted to similar purpose in the neighborhood.
9. (9) The Selected intending purchaser shall deposit the consideration money within 30 days from the date of order with competent authority under sub-section (8) of section 107D. (10)
   • (a) The certificate under sub-section (9) of section 107D shall be given to the purchaser in Form 68.
   • (b) The competent authority shall then depute an officer to deliver possession of the property for which certificate had been issued to the purchaser.
   • (c) The title to the property shall best in the purchaser from the date of the certificate.
10. (11) If an expiry of the period prescribed under sub-rule (9) the competent authority finds that the consideration money has not been deposited, it shall intimate the Government to this effect and the Government may purchase such landing accordance with the proviso to sub-section (10) of section 107D.
11. (12) If the Government purchases the land to be sold then after so purchase it may transfer the said land to the selected intending purchaser who is a member of the Scheduled Tribe on condition of his repaying the consideration money by such annual installments not exceeding twenty as may be decided by the Government, with interest at the rate of two and half percent per annum on the unpaid amount.