Section 63 in The Maharashtra Tenancy and Agricultural Lands Act, 1948
63. Transfers to non-agriculturists barred.
(1)Save as provided in this Act-(a)no sale (including sale in execution of a decree of a Civil Court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift, exchange or lease of any land or interest therein, or(b)no mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgagee,shall be valid in favour of person who is not an agriculturist [or who being an agriculturist [will after such sale, gift, exchange, lease or mortgage, hold land exceeding two-thirds of the ceiling area determined under the Maharashtra Agricultural Lands (Ceiling on Holding) Act, 1961] [These words were inserted by Bombay 13 of 1956, Section 32(1).] or who is not an agricultural labourer] :Provided that the Collector or an officer authorised by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government in this behalf may grant permission for such sale, gift, exchange, lease or mortgage, on such conditions as may be prescribed. [Such permission shall not be granted, where land is being sold to a person who is not an agriculturist for agricultural purposes, if the annual income of such a person from other sources is Rs. 12,000 or more] [This portion was added by Maharashtra 21 of 1975, Section 34, Second Schedule.].[Explanation. - For the purpose of this sub-section the expression 'agriculturist' includes any person who as a result of the acquisition of his land for any public purpose has been rendered landless, for a period not exceeding ten years from the date possession of his land is taken for such acquisition.] [This Explanation was added by Maharashtra 4 of 1966, Section 2.](1A)[ Where any condition subject to which permission to transfer was granted is contravened, then the land in respect of which such permission was granted shall be liable to be forfeited in accordance with the provisions of section 84CC.(1B)Where permission is granted to any transfer of land under sub-section (1) any subsequent transfer of such land shall also be subject to the provisions of subsection (1)] [ Sub-sections (1A) and (1B) were inserted by Maharashtra 8 of 1963, Section 5.].(2)Nothing in this section shall be deemed to prohibit the sale, gift, exchange or lease of a dwelling house or the site thereof or any land appurtenant to it in favour of an agricultural labourer or an artisan [or a person carrying on any allied pursuit.] [These words were inserted by Bombay13 of 1956, Section 32(2).](3)[ Nothing in this section shall apply or be deemed to have applied to a mortgage of any land or interest therein effected in favour of a co-operative society as security for the loan advanced by such society [or any transfer declared to be a mortgage by a court under section 24 of the Bombay. Agricultural Debtors' Relief Act, 1947.] [This sub-section was added by Bombay 12 of 1951, Section 6.]](4)[ Nothing in section 63A shall apply to any sale made under sub-section (1).] [This sub-section was added, by Bombay 13 of 1956, Section 32(4).]
