State Act

The Gujarat Land Revenue Code, 1879

73AD. (1) Notwithstanding anything contained in the Registration Act, 1908,— (a) no document relating to transfer (not being a mortagage or creation of charge failing under section 73AB) of an occupancy of a person belonging to any of the Scheduled Tribes shall be registered on or after the date of the commencement of the Bombay Land Revenue (Gujarat Second Amedment) Act, 1980 (hereinafter in this section referred to as “the said date”), by any registering officer appointed under the Registration Act, 1908 unless the person presenting the document furnishes a declaration by the transferor in the prescribed form which shall be subject to verification in the prescribed manner, that the transfer of occupancy is made with the previous sanction of the Collector under section 73A or section 73AA. (b) a document relating to the transfer of an occupancy belonging to any of the Scheduled Tribes, referred to in clause (a) which is registered on or after the said date shall take effect and operate only from the time of such registration. (2) Nothing in sub-section (1) shall apply to the documents of transfers of occupancies of persons beloning to any of the Scheduled Tribes made before the said date, but presented for registration after the said date. Explanation— In this section, the expressions “prescribed” and “Scheduled Tribes” shall have the same meanings as the said expressions have in clauses (i) and (ii) respectively of the Explanation to section 73AA].