Section 63 in The Bombay Tenancy and Agricultural Lands Act, 1948
63. Transfers to non-agriculturists barred.
(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.](2)Nothing in this section shall be deemed to [prohibit the sale, gift, exchange, or lease, or the agreement for the sale, gift, exchange or lease of] [These words were substituted for the words 'prohibit' the sale, gift, exchanges or lease of' by Gujarat 30 of 1977, section 5(2).] 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 Bombay 13 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 (Bombay XXVIII of 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).]
