Notwithstanding anything contained in section 73 or in subsection (1) of section 73AA or, in any condition lawfully annexed to the tenure, but subject to the provisions contained in section 56, it shall be lawful for an occupant to mortgage, or create a charge on interest, in his occupancy 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 as in force in the State of Gujarat or in favour of a bank or a 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 the 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 occupancy to be attached and sold and the proceeds to be applied in payment of such loan:

Provided that if an occupant is a tribal his interest in the occupancy shall not be so sold to a non-tribal without the previous sanction of the Collector.

4. Amendment of section 214 "Amendment of section 214":

4. In sub-section

1. (2) of section 214 of the principal Act, clause
   • (hh) shall be renumbered as clause (h-i) and after clause (h-i) as so renumbered, the following clauses shall be inserted, namely :- (h-ii) prescribing the form of notice to be issued to the transferor or his successor in interest by the Collector, making rules relating to the liability to pay arrears of land revenue in respect of an occupancy restored to the tribal transferor under sub-section
2. (3) of section 73AA, and prescribing the period within which the tribal transferor shall accept the occupancy restored to him, under the proviso to the said sub-section (3); (h-iii) prescribing the circumstances in which and the conditions subject to which the previous sanction of the Collector shall be given under sub-section (2), occupancy price on the payment of which occupancy shall be granted under sub-section
3. (5) and the distance within which any other village shall be situated and the order of priority in which, the occupancy price at which, and the conditions subject to which the occupancy shall be granted to other classes of persons under sub-section
4. (6) of section 73-AA; (h-iv) the form in which the declaration shall be made, and the manner in which such declaration shall be verified, by the transferor, under clause
   • (a) of sub-section
5. (3) of section 73-AA. 5. Amendment of enactments For section 66 of the principal Act, the following section shall be substituted, namely : - "66. If any land referred to in section 65 or section 65A be used for any purpose other than the purpose for which such land is assessed or held with- out the permission of the Collector being first obtained, or before the expiry of three months from the date of application for such permission, the occupant and any tenant or other person holding under or through him shall, without prejudice to the occupant's liability to pay the new assessment which may be leviable under the provisions of section 48, be liable to be summarily evicted by the Collector from the land so used and from the entire survey number or sub-division of the survey number of which it may form a part. Any tenant of any occupant or any other person holding under or through an occupant, who shall without the occupant's consent use any such land for any such purpose, and thereby render the said occupant liable to the penalty afore- said, shall be responsible to the said occupant in damages.".