Section 57 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
57. Restriction on transfers of land purchased or sold under this Act.
(1)[No land, or any interest therein] [Substituted for 'No land' by Gujarat 30 of 1977, dated 4th November, 1977] purchased by a tenant under Sections 41 or 46 [or 57D] [This word, figures and letter were inserted by Gujarat 24 of 1965, Section 18.] or 130 or sold to any person under Section 91 or 122 [shall be transferred or agreed by an instrument in writing to be transferred] [Substituted for 'shall be transferred' by Gujarat 30 of 1977, dated 4th November, 1977] by sale, gift, exchange, mortgage, lease or assignment or partitioned without the previous sanction of the Collector. Such sanction shall be given by the Collector in such circumstances and subject to such conditions as may be prescribed by the State Government.(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 loan advanced to him by the State Government under the Land Improvement Loans Act, 1883 (XIX of 1883), the Agriculturists' Loans Act, 1984 (XII of 1984), 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 loan.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 as 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).](2)[Any transfer or partition, or any agreement of transfer, of any land or interest therein] [Substituted for 'Any transfer or partition of land' by Gujarat 30 of 1977, dated 4th November, 1977] in contravention of sub-section (1) shall be invalid:Provided that nothing in this section shall apply to the lands purchased by an occupancy tenant.[Chapter IIIA] [Chapter IIIA was inserted, by Gujarat 24 of 1965, Section 19.] Special Provisions for Termination of Tenancy by Landlords who are or have been serving members or the Armed Forces; and for Purchase of Their Lands by Tenants
