Section 43 in The Bombay Tenancy and Agricultural Lands Act, 1948
43. [ Restriction on transfers of land purchased or sold under this Act. [This section was substituted for the original, by Bombay 13 of 1956, section 29.]
- [(1) No land or any interest therein purchased by a tenant under section 17B, 32, 32F, 321, 320, [32U, 43-ID or 88E] or sold to any person under section 32P or 64 shall be transferred or shall be agreed by an instrument in writing to be transferred, by sale, gift, exchange, mortgage, lease or assignment, without the previous sanction of the Collector and except in consideration of payment of such amount as the State Government may by general or special order determine; and no such land or any interest, therein shall be partitioned without the previous sanction of the Collector.](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).](1C)[ The land to which sub-section (1) applies and for which no permission is required under sub-section (1) of section 65B of the Bombay Land Revenue Code, 1879 (Bombay V of 1879) for use of such land for a bona fide industrial purpose may, notwithstanding anything contained in sub-section (1) of this section, be sold without the previous sanction of the Collector under sub-section (1) but subject to payment of such amount as may be determined by the State Government under sub-section (1).] [Sub-section (1C) inserted by Gujarat 7 of 1997, dated 6th March, 1997 (w.r.e.f. 24-12-1996).](2)[Any transfer or partition, or any agreement of transfer, or any land or any interest therein] [These words were substituted for the words 'Any transfer or partition of land' by Gujarat 30 of 1977, section 4(4).] in contravention of sub-section (1) [or sub-section (1C)] [Inserted by Gujarat 7 of 1997, dated 6th March, 1997 (w.r.e.f. 24-12-1996).] shall be invalid.] [These sub-sections were inserted by Gujarat 16 of 1960, section 16(2).][Chapter III-AA] [Chapter III-AA was inserted by Gujarat 24 of 1965, section 10.] Special Provisions for Termination of Tenancy by Landlords who are or have been Serving Members of the Armed Forces and for Purchase of their Lands by Tenants
