Section 54 in Saurashtra Gharkhed, Tenancy Settlement And Agricultural lands Ordinance, 1949
54. Transfer to non-agriculturists barred.
(1)Save as provided in this Ordinance:-(a)no sale (including sales in execution of a decree of a civil court or for recovery of arrears of land revenue or for suns recoverable as arrears of land revenue), gift, exchange or lease of any land [where lease is by law allowed] [These words were inserted by Saurashtra Act No. XLIV of 1953.] or interest therein, or(b)no mortgage of any land or interest (herein 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] [This word was added by Guj. 30 of 1977, s. 9(i).](c)[ no agreement made by an instrument in writing for the sale, gift, exchange, lease or mortgage of any land or interest therein:] [Clause (c) was inserted, by Guj. 30 of 1977, s. 9.(ii).]Provided that the Collector or an officer authorised by the Government may grant permission for such sale, gift, exchange, lease, [where lease is by law allowed] [These words were inserted, by Saurashtra Act, No. XLIV of 1953, S. 2 (i)(b).], or mortgage, [or for such agreement] [These words were inserted by Gujrat Act No. 30 of 1977, s. 9 (iii).] on such conditions as may be prescribed:[Provided further that no such permission shall be granted, where land is being sold to a person who is not an agriculturist for agricultural purpose, if the annual income of such person from other sources exceeds five thousand rupees.] [This proviso was added by Guj. 16 of 1973, s. 2.](2)Nothing in this section shall be deemed to prohibit the sale, gift, exchange or lease of a dwelling house or the site thereof or any land appurtenant to it in favour of an agricultural labourer or an artisan.[Explanation . [This Explanation was added by Saurashtra Act No. XLIV of 1953, s. 2 (b).] - For the purpose of this section in so far as it relates to sale or lease of land, the term" agriculturist" shall include a [Maldhari and Landless Labourers employed in agricultural operations].]
