Section 30 in The Gujarat Agricultural Lands Ceiling Act, 1960
30. Restriction on transfer or sub-division of land allotted under Section 29.
(1)Save as otherwise provided in sub-section (2) no land allotted under Section 29 shall be-(a)transferred whether by way of sale (including sale in execution of a decree of a civil suit or of an award or order of any other competent authority) or by way of gift, mortgage, exchange, lease or otherwise, or(b)sub-divided (including sub-division by a decree or order of a Civil Court or any other competent authority) whether by partition or otherwise, without the previous sanction of the Collector. Such sanction shall not be given [(except in such circumstances and on such conditions as hereinafter mentioned, namely.- [This portion was substituted for the words 'except in such circumstances and on such conditions as may be prescribed' by Gujarat 4 of 1968, Section 3.](i)In the case of land allotted to a co-operative society, the membership of which is held wholly or partly by persons belonging to a Scheduled Tribe or Scheduled Caste or of land allotted to a person belonging to a Scheduled Tribe or Scheduled Caste, if the transfer of sub-division thereof is in favour of a co-operative society of the same class or of a person belonging to a Scheduled Tribe or Scheduled Caste or of a person not belonging to a Scheduled Tribe or Scheduled Caste for want of a person belonging to a Scheduled Tribe or Scheduled Caste.(ii)In the case of land allotted to any co-operative society or person other than a co-operative society or person referred to in clause (i)(a)the transfer or sub-division is in favour of an agriculturist who holds land less in area than the ceiling area, an agricultural labourer or a landless person,(b)the transfer or sub-division is in favour of a person not being a person referred to in clause (i), who bona fide requires the land for a non-agricultural purpose,(c)the land is required for the benefit of an industrial or commercial undertaking of an educational or charitable institution,(d)the land is required by a Co-operative farming society,(e)the land is being sold in execution of a decree of a Civil Court or for the recovery of arrears of land revenue or of any sums recoverable as arrears of land revenue, or(f)the land is being given in gift whether by way of trust or otherwise and such gift is made bona fide by the holder in favour of a member of his family.(iii)The person who obtains land by transfer or sub-division in accordance with the provisions of this sub-section shall commence the use of the land for the purpose for which he obtained land, within a period of one year from the date on which he takes possession of the land or within such further period not exceeding five years in the aggregate as the Collector for reasons to be recorded in writing may from time to time fix.(iv)If the person fails to comply with the condition specified in clause (iii), the sanction given under this sub-section shall stand cancelled and the transfer or as the case may be, the sub-division of the land in favour of the person shall for the purposes of subsection (4) be deemed to be in contravention of this sub-section ].(2)Notwithstanding anything contained in sub-section (1), it shall be lawful for a person to mortgage or create a charge on his interest in the land allotted to him under Section 29 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 (XXII of 1884) or the Bombay Non-Agriculturists' Loans Act, 1928 (Bombay III of 1928), or in favour of a co-operative society [or in favour of a land development bank or the State Bank of India constituted under the State Bank of India Act, 1955 (Act 23 of 1955) or a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Act 38 of 1959), or a bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Act 5 of 1970)] [These words, figures and brackets were inserted by Gujarat 2 of 1974, Section 25 (i).] in consideration of a loan advanced to him by such co-operative society [or by any such bank] [These words were inserted, by Gujarat 2 of 1974, Section 25 (ii).], and without prejudice to any other remedy open to the [State Government, the co-operative society, or as the case may be, the bank] [These words were substituted for the words 'State Government or the Co-operative Society as the case may be' by Gujarat 2 of 1974, Section 25 (iii).], 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, the co-operative society, or as the case may be, the bank] [These words were substituted for the words 'State Government or the Co-operative Society as the case may be' by Gujarat 2 of 1974, Section 25 (iii).], to cause his interest in the land to be attached and sold and the proceeds to be applied in payment of such loan.(3)Any subsequent transfer or sub-division of land transferred or sub-divided in accordance with sub-section (1), shall also be subject to the provisions of sub-section (1).(4)Any transfer or sub-division of land in contravention of sub-section (1) or (3) and the acquisition of such land under such transfer or sub-division shall be invalid and the land shall stand forfeited to the State Government.
