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 sums recoverable as arrears of land revenue), gift, exchange or lease of any land where lease is by law allowed 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 (c) no agreement made by an instrument in writing for the sale, gift, exchange, lease or mortgage of any land or interest therein: 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, or mortgage, or for such agreement on such conditions as may be prescribed: Provided futher 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. (1A) The State Government may, by notification in the Official Gazette, exempt from the provisions of sub-section (1), for the transfer of any agricultural land to any public trust established for the charitable purpose and which is non-profitable in nature, for the use of such land in the field of health and education, subject to such conditions as may be specified therein. (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:—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.