Section 89 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
89. Transfers to non-agriculturists barred.
(1)Save as provided in this Act,-(a)no sale (including sales 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, [or] [Added by Gujarat 30 of 1977, dated 4th November, 1977](c)[ no agreement made by an instrument in writing for the sale, gift, exchange, lease or mortgage of any land or interest therein.] [Inserted by Gujarat 30 of 1977, dated 4th November, 1977]shall be valid in favour of a person who is not an agriculturist or who being an agriculturist cultivates personally land not less than three family holdings whether as [owner] [This word was substituted, for the word 'tenure-holder' by Schedule III, Clause 34 (2).] or tenant or partly as [owner] [This word was substituted, for the word 'tenure-holder' by Schedule III, Clause 35.] or partly as tenant or who is not an agricultural labourer:Provided that the Collector or an officer authorised by the State Government in this behalf may grant permission for such sate, gift, exchange, lease or mortgage, [or for such agreement] [Inserted by Gujarat 30 of 1977, dated 4th November, 1977] in such circumstances 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 source exceeds five thousand rupees.] [This proviso was added by Gujarat 17 of 1973, Section 2.].(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] [Substituted for 'prohibit the sale, gift, exchange or lease of' by Gujarat 30 of 1977, dated 4th November, 1977] a dwelling house or the site thereof or any land appurtenant to it in favour of an agricultural labourer or an artisan.(3)Nothing in this section shall apply 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.(4)Nothing in Section 90 shall apply to any sale made under sub-section (1).
