Vidhi Codex

section 30

Restriction on transfer or sub-division of land allotted under section

The Gujarat Agricultural Land Ceiling Act-1960
Civil196055 sections
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Statutory text
  1. (1) Save as otherwise provided in sub-section
  2. (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 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 may be prescribed.
  3. (2) Notwithstanding anything contained in sub-section (1), it shall be lawful for a person to mortgage or create a charge on his interests 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, the Agriculturists' Loans Act, 1884 or the Bombay Non-Agriculturists' Loans Act, 1928, or in favour of a co-operative 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.
  4. (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).
  5. (4) Any transfer or sub-division of land in contravention of sub-section
  6. (1) or
  7. (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.

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