Section 33 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
33. Sub-division, sub-letting and assignment prohibited.
(1)No sub-division or sub-letting of the land held by a tenant or assignment of any interest therein shall be valid:Provided that if the tenant dies,-(i)if he is a member of a joint family, the surviving members of the said family, and(ii)if he is not a member of a joint family, his heirs,shall be entitled to partition and sub-divide the land leased subject to the following conditions, namely:-(a)each sharer shall hold his share as a separate tenant,(b)the rent payable in respect of the land leased shall be apportioned among the sharers, as the case may be, according to the share allotted to them,(c)the area allotted to each sharer shall not be less than the unit which the State Government may, by general or special order, specify in this behalf having regard to the productive capacity and other circumstances relevant to the full and efficient use of the land for agriculture,(d)if such area is less than the unit referred to in clause (c), the sharers shall be entitled to enjoy the income jointly, but the land shall not be divided by metes and bounds,(e)if any question arises regarding the apportionment of the rent payable by the shares, it shall be decided by the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule Ill, Clause 1.] whose decision shall be final.(2)Notwithstanding anything contained in sub-section (1), it shall be lawful for a tenant,-(a)who is a widow, minor or a person subject to any physical or mental disability, or a serving member of the armed forces, to sub-let such land held by her or him as a tenant; or(b)who is a member of a co-operative farming society and as such member to sub-let, assign, mortgage or to create a charge on his interest in the land in favour of such society [or in consideration of a loan advanced by any person authorised under Section 54 of the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXVIII of 1947)] [These words were added by Schedule Ill, Clause 14.].(3)Notwithstanding anything contained in sub-section (1), it shall also be lawful for a tenant to mortgage or create a charge on his interest 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, 1884, (XII of 1884) or the Bombay Non-Agriculturists' Loans Act, 1928 (Bombay Ill of 1928), or in favour of a co-operative society in consideration of a loan advanced to him by such cooperative society, and without prejudice to any other remedy open to the State Government or the 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 or the 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.
