Section 63(1) in The Bombay Tenancy and Agricultural Lands Act, 1948
(1)Save as provided in this Act,-(a)no sale (including sales in execution of a decree of Civil Court of 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, [or] [This word was added by Gujarat 30 of 1977, section 5(1) (i).](c)[ no agreement made by an instrument in writing for the sale, gift, exchange, lease or mortgage of any land or interest therein.] [This clause was inserted, by Gujarat 30 of 1977, section 5(1) (ii).]shall be valid in favour of a person who is not an agriculturist [or who being an agriculturist cultivates personally land not less than the ceiling area whether as an owner or tenant or partly as owner and partly as tenant or who is not an agricultural labourer] [These words were inserted by Bombay 13 of 1956, section 32(1).]:Provided that the Collector or an officer authorised by the [State] [This word was substituted for the word 'Provisional' by the Adaptation of Laws Order, 1950.] Government in this behalf may grant permission for such sale, gift, exchange, lease or mortgage, [or for such agreement] [These words were inserted by Gujarat 30 of 1977, section 5(1) (iii).] on such conditions as may be prescribed.[Provided further that, no such permission shall be granted, where land is being sold to a person who is not an agriculturist for agricultural purpose, if the annual income of such person from other sources exceeds five thousand rupees.] [This proviso was inserted by Gujarat 5 of 1973, section 16.]
