Bare ActsThe Bombay Tenancy and Agricultural Lands Act-1948

Section 9

Sub-section (1A) was inserted by Guj

Amendment status not verified — confirm the current text below against the official source.

Sub-section (1A) was inserted by Guj. 15 of 1969, s. 4. Continuance of tenancy on death of tenant. Compensation for improvement made by tenant. Tenant's right to erect farm house. Restriction on transfers of land purchased or sold under this Act. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 53 1[2[3[(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 loan advanced to him by the State Government under the Land Improvement Loans Act, 1983, the Agriculturists'Loans Act, 1984, or the Bombay Non-agriculturists'Loans Act, 1928, as in force in the State of Gujarat, or in favour of a bank or co-operative 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 proceeds to be applied in payment of such loan. 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; (b) any subsidiary bank as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Bank) Act, 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; (d) the Agricultural Refinance and Development Corporation, established under the Agricultural Refinance and Development Corporation Act, 1963.] (1B) Nothing in sub-section (1) 4[or(1AA)] shall apply to land purchased under section 32, 5[32 F 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 a tranferable right in the tenancy of the land.] 6[(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 for use of such land for a bonafide 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).] (2) 8[Any transfer or partition, or any agreement of transfer, or any land or any interest therein] in contravention of sub-section (1) 7[or sub-section (1C)] shall be invalid.] 9[CHAPTER III-AA. 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. 43-1A. In this Chapter, unless the context requires otherwise, 'landlord' a landlord (including a certified landlord within the meaning of section 32S) who is, or has ceased to be, a serving member of the armed forces; and in relation to the land of a landlord who is dead, includes his window, son, son's son, unmarried daughter, father or mother. 43-1B. (1) Notwithstanding anything contained in the foregoing provisions of this Act, but subject to the provision of this section, it shall be lawful to a landlord at any time after the

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