Meghalaya Transfer Of Land Regulation Act, 1971
No: 12 Dated: Jan, 05 1972
THE MEGHALAYA TRANSFER OF LAND REGULATION ACT, 1971
ACT 12 OF 1972
An Act to regulate transfer of land in Meghalaya for the protection of the interest of the Scheduled Tribes therein Be it enacted by the Legislature of Meghalaya in the Twenty-second Year of the Republic of India as follow:-
1. Short title and commencement:- (1) This Act may be called Meghalaya Transfer of Land (Regulation) Act, 1971.
(2) It shall come into force on such day as the Government of Meghalaya may, by notification, appoint.
2. Definitions:- In this Act, unless the context otherwise requires:-
(a) “competent authority” means such authority as the Government of Meghalaya may, by notification, appoint for the purpose of exercising all or any of the functions of a competent authority under this Act for the whole of Meghalaya or any part thereof;
(b) “land” includes immovable property of every description and any rights in or over such property.
(c) “non-tribal” means a person who is not a tribal and excludes Rabhas and Kacharis resident in Meghalaya;
(d) “transfer” means the conveyance of land of one person to another and includes gift, sale, exchange, mortgage, lease, surrender or any other mode of transfer;
(e) “transfer” means a conveyance of land of one person to another and includes gift, sale, exchange, mortgage, lease, surrender or any other mode of transfer;
(f) “tribal” means a person belonging to any of the Schedule Tribes pertaining to Meghalaya and as specified in the Constitution (Scheduled Tribes) Order, 1950, as amended from time to time.
3. Transfer of land:- (1) No land in Meghalaya shall be transferred by a tribal to a nontribal or by a non-tribal to another non-tribal except with the previous sanction of the competent authority.
(2) Any transfer of land made in contravention of the provisions of this section shall be avoid and shall not be enforceable in any court.
4. Disposal of application:- (1) In granting or refusing sanction under section 3 the competent authority shall take into account the following matters according to the circumstances of each case:-
(a) whether the non-tribal holds any other land in Meghalaya;
(b) whether there is any other tribal willing to take the land on transfer at the market value;
(c) whether the non-tribal seeking to take the land on transfer is carrying on any business, profession or vocation in or near the area and whether for the purposes of such business, profession or vocation, it is necessary for him to reside in the area;
(d) whether the proposed transfer is likely to promote the economic interests of the Scheduled Tribes in the area.
(2) Every order granting or refusing sanction shall be in writing and in the case of refusal shall contain reasons for such a refusal.
(3) Every application for sanction under this section shall be disposed of by the competent authority as early as possible and not later than six months.
(4) If no order is passed by the competent authority on such application within six months, is shall be deemed that sanction has been accorded.
5. Appeal:- Any person aggrieved by an order passed by the competent authority refusing him sanction under this Act, may, within a period of sixty days from the date the order is communicated, prefer an appeal to the Board of Revenue and its order shall be final.