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[Cites 0, Cited by 2] [Section 43] [Entire Act]

State of Gujarat - Subsection

Section 43(1A) in The Bombay Tenancy and Agricultural Lands Act, 1948

(1A)[ The sanction under sub-section (1) shall be given by the Collector in such circumstances and subject to such conditions, as may be prescribed by the State Government.,] [Sub-section (1A) was inserted by Gujarat 15 of 1969.][[[(1AA) Notwithstanding anything contained in sub-section (1), it shall be lawful for such tenant or a person to mortgage or create a charge on his interests in the land in favour of the State Government in consideration of a loam advanced to him by the State Government under the Land Improvement Loans Act, 1983 (XIX of 1983), the Agriculturists' Loans Act, 1984 (XII of 1983), or the Bombay Non-agriculturists' Loans Act, 1928 (Bombay Ill of 1928), as in force in the State of Gujarat, or in favour of a bank or cooperative society, and without prejudice to any other remedy open to the State Government, bank or co-operative society, as the case may be, in the event of his making default in payment of such loan in accordance with the terms, on which such loan was granted, it shall be lawful for the State Government, bank or co-operative society, as the case may be, to cause his interest in the land to be attached and sold and the proceeds to be applied in payment of such load.Explanation. - For the purposes of this sub-section," bank" means-
(a)the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955);
(b)any subsidiary bank s defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);
(c)any corresponding new bank as defined in clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970);
(d)the Agricultural Refinance and Development Corporation, established under the Agricultural Refinance and Development Corporation Act, 1963 (10 of 1963).]]]
(IB)Nothing in sub-section (1) [Or (1AA) shall apply to land purchased under section 32, 32F, 320 or 64 by a permanent tenant thereof, if prior to the purchase, the permanent tenant, by usage, custom, agreement or decree or order of a Court, held transferable right in the tenancy of the land.] [These words, brackets, figures and letters were substituted for the word, brackets, figure and letter 'or (1A) by President's Act No. 37 of 1976, section 2(ii).]