REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 152] NEW DELHI, WEDNESDAY. SEPTEMBER 32, I976/BHADRA 3I, 1898
Separate paging is given to this Part in order that it may be filed
as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the 22nd September, 1976/Bhadra 31, 1898 (Saka)
THE GUJARAT TENANCY LAWS (AMENDMENT) ACT, 1976 No. 37 OF 1976
Enacted by the President in the Twenty-seventh Year of the
Republic of India.
An Act further to amend the Bombay Tenancy and Agricultural Lands Act, 1948 and the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, as in force in the State of Gujarat.
44 of l976.
In exercise of the powers conferred by section 3 of the Gujarat State Legislature (Delegation of Powers) Act, 1976, the President is pleased to enact as follows: —
1. This Act may be called the Gujarat Tenancy Laws (Amendment) Short title.
Act, 1976.
2. In section 43 of the Bombay Tenancy and Agricultural Land's Act,
1948, as in force in the State of Gujarat,—
GuJ.Aci XVI ol I960..
(i) for sub-section (1A), as inserted by the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960, the following sub-section shall be substituted, namely:—•
Amend- ment of section 43 of Bombay] Act LXVII of 1948.
'(1AA) Notwithstanding anything contained in sub-sec- tion (1), it shall be lawful for such tenant or a person to mortgage or create a charge on his interest in the land in favour of the State Government in consideration of a loan advanced to him by the State Government under the Land
(1397)
1398 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—19 of wax 12 of 1884. Bom. I ll of 1928.
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 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 pay- ment 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 the 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, 1965;
23 of 193*.
(b) any subsidiary bank as defined in clause (fc) of section 2, of the State Bank of India (Subsidiary Banks) Act, 1959;
(c) any corresponding new bank as denned 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.';
(ii) in sub-section (lB)t for the word, brackets, figure and letter "or (1A)", the word, brackets, figure and letters "or (1AA)V shall be substituted.
3. In section 57 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1956, as in force in the State of Gujarat, after sub-section (7), the following sub-section shall be inserted, namely: —
Amend- ment of section 57 of Bombay Act XCIX of 1958.
19 of 1883.
12 of 1884, Bom. Ill of 1928.
'(1A) Notwithstanding anything contained in sub-section CO, it shall be lawful for such tenant or a person to mortgage or create a charge on his interest in the land in favour of the State Govern- ment in consideration of a loan advanced to him by the State Govern- ment under the Land Improvement Loans Act, 1883, the Agricul- turists' Loans Act, 1884, or the Bombay Non-agriculturists' Loans Act, 19(28, ;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 the proceeds to be applied in payment of such loan.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1399Explanation.—For the purposes of this sub-section, "bank" means—
(a) the State Bank of India constituted under the State 23 of 1955.
Bank of India Act. 1955;
(b) any subsidiary bank as denned in clause (fc) of section 2 38 of 1959.
of the State Bank of India (Subsidiary Banks) Act, 1959;
5 of 1970.
(c) any corresponding new bank as defined in clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;
10 of 1863.
(d) the Agricultural Refinance and Development Corpo- ration, established under the Agricultural Refinance and Development Corporation Act, 1963.'.
FAKHRUDDIN ALI AHMED,
President.
S. K. MAITRA,
Jt. Secy, to the Govt. of India.
I4oo THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1JReasons for the enactment
Section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948,. which is in force in the Bombay area of the State of Gujarat, prohibits transfer, without the previous sanction of the Collector, of land pur- chased by a tenant, or sold to any person under certain provisions of the Act, except by way of mortgage or creation of a charge in favour of the State Government or a co-operative society. Likewise, section 57 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, which is in force in the Kutch area of the State of Gujarat prohibits the [transfer of land purchased by a teniant. or sold to any person under certain provisions of the Act, without the previous sanction of the Collector. The above restrictions put impedi- ments in the way of tenants and other interested persons obtaining; loans even from recognised public credit institutions like the Agricul- tural Refinance and Development Corporation, nationalised banks, etc., tfor the purpose of agricultural development. It is considered! necessary to remove such restrictions by including more institutions ini the list of those in whose favour a mortgage or a charge can be created. This measure seeks to achieve the aforesaid object.
2. In view of the urgency of the matter, it is not practicable to^ consult the Consultative Committee of Parliament on Gujarat Legis- lation. This measure is accordingly being enacted without reference to the Consultative Committee.
K. S. NARANG,
Secretary to the Government of India^.
Ministry of Agriculture and Irrigation,,
(Department of Agriculture).
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