84: Transfer of holding

Transfer of holding.– (1) At any time after an arrear of land-revenue has accrued on a holding, the Collector may transfer the holding to any person being a land-owner of the estate in which such holding is situated and not being a defaulter in respect of his own holding on condition of his paying the arrear being put in possession of the holding and on such further conditions as the Collector may deem fit to impose: Provided that no order shall be passed under this sub-section for the transfer of a holding unless the processes specified in clauses (b) and (c) of section 80 have first been taken against the land-owner [:] [Provided further that during pendency of such processes, entries restricting alienation may be made in the revenue record by the order of the Collector of the District.] (2) The transfer may, as the Collector thinks fit be either till the end of the agricultural year in which the defaulter pays to the transferee the amount of the arrear which the transferee paid before being put in possession of the holding, or for a term not exceeding fifteen years from the commencement of the agricultural year next following the date of the transfer. (3) The Collector shall report to the [Commissioner] any transfer made by him under this section, and the [Commissioner] may set aside the transfer or alter the conditions thereof or pass such other order as he thinks fit. (4) In respect of all rights and liabilities arising under this Act, the person to whom the holding is transferred shall, subject to the conditions of the transfer, stand in the same position as that in which the defaulter would have stood if the holding had not been transferred. (5) When the transfer is for a term, the holding shall, on the expiration of the term, be restored by the Collector to the defaulter free of any claim on the part of Government or the transferee for any arrear of land-revenue or rates and cess due in respect thereof. 130 The Punjab Laws

Effective date: 1967-12-07

Related sections