The Meghalaya Transfer Of Land Regulation Act, 1971 Act No.12 Of 1971

MEGHALAYA ACT 12 OF 1972
THE MEGHALAYA TRANSFER OF LAND REGULATION ACT, 1971
(As passed by the Assembly)
[Received the assent of the President on the 28th December, 1971]
(Published in the Gazette of Meghalaya Extraordinary, dated the 5th January, 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:-
Short title and
commencement.
1. (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.
Definitions. 2. 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.
Transfer of land. 3. (1) No land in Meghalaya shall be transferred by a tribal to a non -
tribal 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.
Disposal of application. 4. (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.
Appeal. 5. 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.
Restrictions on
registration, etc.
6. No officer required under any law for the time being in force relating
to the registration of documents or the recording of any rights in or
over land shall register any documents or record any right relating to
any transfer of land which is contrary to the provisions of this Act.
Registrations of certain
transfers made before
commencement of the
Act.
7. Every transfer of land made after the commencement of the
Constitution and before the commencement of this Act by a tribal to a
non-tribal or by a non -tribal to another non -tribal shall , within a
period of two years from the commencement of this Act, be registered
by the transfer or any p erson claiming title through him before such
authority as the Government of Meghalaya may specify in this behalf.
Provided that the Government of Meghalaya may direct the
authority to register any such transfer beyond the period of two years.
Eviction of persons in
unauthorised
possession.
8. (1) If any person is found in possession of any land otherwise than in
accordance with the provisions of this Act, the competent authority
may serve a notice upon such person requiring him to show c ause
why he should not be evicted from the land, and , after giving him an
opportunity of being heard, require him to vacate the land and to
remove any buildings or fences which may have been erected thereon
within such time as may be fixed in this behalf;
Provided that crops actually growing on the land, if any, shall be
allowed to remain till they are harvested.
(2) Any person aggrieved by an order passed by the competent
authority under sub -section (1) may, within a period of thirty days
from the date the order is communicated, prefer an appeal to the
Board of Revenue and its order shall be final.
Penalties. 9. If any person fails-
(a) to comply with the provisions contained in Section 7; or
(b) to carry out any order passed under sub-section (1) of section 8;
he shall, on conviction before a Magistrate, be punishable with fine which
may extend to five hundred rupees or in default to imprisonment which may
extend to one month.
Cognizance of
offences.
10. All offences punishable under this Act shall be cognizable and
bailable.
Exemptions. 11. Nothing contained in this Act shall apply to-
(a) any transfer of land as security for any loan granted by any
banking company, co -operative society or other credit
institution which the Government of Meghalaya may, by
notification, specify in this behalf;
Provided that a banking, company, co -operative society or other
credit institution as notified above by the Government of Meghalaya shall not
transfer any land to a non -tribal except with the previous sanction of the
competent authority as provided in section 3;
(b) the letting out on rent of any building standing on land;
(c) any transfer of land to, or in favour of, Government or
District Council.
Bar of suits in civil
courts.
12. No suit shall be brought in any civil court to set aside or modify any
order made under this Act.
Suits, etc., against
authority and officers
acting on good faith.
13. No suit prosecuting or legal proceeding shall lie against any authority
or officer for anything done in faith under this Act.
Power to make rules. 14. (i) The Government of Meghalaya may, by notification, make rules to
carry out the purposes of this Act.
(ii) In particular, and without prejudice to the generality of the
foregoing provisions, such rules may provide for all or any of the
following matters namely:-
(a) the form and manner in which application for sanction of the
competent authority may be made under this Act and the free
payable therefore;
(b) the procedure to be followed by the competent authority in
the disposal of application under this Act;
(c) the particulars to be furnished in respect or registrations under
Section 7;
(d) any other matter which may be prescribed.

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