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[Cites 0, Cited by 1] [Section 89] [Entire Act]

Bombay Presidency - Subsection

Section 89(1) in Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958

(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,
shall be valid in favour of a person who is not an agriculturist or who being an agriculturist [will, after such sale, gift exchange, lease or mortgage, hold land as tenure-holder or tenant or party as tenure-holder and party as tenant exceeding two-thirds of this ceiling area determined under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961(Maharashtra XXVII of 1961)] [This portion was substituted for the words 'cultivates personally land not less than three family holdings whether as tenure holder or tenant or party as tenure-holder and party as tenant by Maharashtra 27 of 1961, s. 48, second schedule.] 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 circumstances [and subject to such conditions] [These words were inserted by Maharashtra 2 of 1962, s. 17(a).] as may be prescribed:[Explanation. - For the purpose of this sub-section the expression 'agriculturist' include any person any person who as a result of the acquisition of his land for any public purpose has been rendered landless, for a period not exceeding ten years from the date possession of his land is taken for such acquisition.] [These words were inserted, by Maharashtra 2 of 1962, s. 17(a).]