LAND ALIENATION ACT 131 



Permanent Alienation of Land. 



3. (1) A person who desires to make a permanent alienation Sanction of 



of his land shall be at liberty to make such alienation Collector 



where— re( * ux . red to 



certain per- 



(a) The alienor is not a member of an agricultural ^nation 



tribe ; or 



(b) The alienor and alienee are members of the same 



agricultural tribe, or are members of agricultural 

 tribes and both residents of the district in which the 

 land is situated. 



(2) Except in the cases provided for in subsection 1, a per- 

 manent alienation of land shall not take effect as such unless 

 and until sanction is given thereto by the Collector of the dis- 

 trict in which the land is situated : 



Provided that sanction may be given after the act of aliena- 

 tion is otherwise completed. 



(3) The Collector shall inquire into the circumstances of the 

 alienation, and shall have discretion to grant or refuse by an 

 order in writing the sanction required by subsection (2). 



(4) Nothing in this section shall affect sales ordered or 

 permitted under the provisions of the Bundelkhand Encum- 

 bered Estates Act, 1903. 



4. The Local Government shall, by notification in the Agricultural 

 Gazette, published with the previous sanction of the Governor- tribes. 

 General in Council, determine what bodies of persons in any 



district or subdivision of a district are to be deemed to be 

 agricultural tribes for the purposes of this Act. 



5. When a Collector sanctions a permanent alienation of Saving for 

 land, his order shall not be taken to decide or affect any ques- "ghts in land 

 tion of title, or any question relating to any reversionary right ahenated - 



or right of pre-emption. 



Temporary Alienations of Land. 



6. If a member of an agricultural tribe mortgages his land Forms of 

 and the mortgagee is not a member of the same tribe, or the mort g a ge 

 mortgagor and mortgagee are not members of agricultural Certain cases 

 tribes and both residents of the district in which the land 



is situated, the mortgage shall be made in one of the following 

 forms : 



(a) In the form of a usufructuary mortgage, by which the 

 mortgagor delivers proprietary possession of the 

 land to the mortgagee, and authorizes him to retain 

 such possession and to receive the rents and profits 



9—2 



