GUJARAT
TENANCY LAWS (AMENDMENT) ACT, 1976 THE GUJARAT TENANCY LAWS (AMENDMENT) ACT, 1976 [Act No. 37 of 1976] [22nd September, 1976] 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. In exercise of the powers
conferred by section 3 of the Gujarat State Legislature (Delegation of Powers)
Act, 1976(44 of 1976), the President is pleased to enact as follows: ? This Act may be called the
Gujarat Tenancy Laws (Amendment) Act, 1976. In section 43 of the Bombay
Tenancy and Agricultural Lands Act, 1948, as in force in the State of Gujarat,? (i) for
sub-section (IA), as inserted by the Bombay Tenancy and Agricultural Lands
(Gujarat Amendment) Act, 1960(Guj. Act XVI of 1960), the following sub-section
shall be substituted, namely:? '(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 interest in the land in favor of
the State Government in consideration of a loan advanced to him by the State
Government under the Land Improvement Loans Act, 1883(19 of 1883), the
Agriculturists' Loans Act, 1884(12 of 1884), or the Bombay Non-agriculturists'
Loans Act, 1928(Bom. III of 1928), as in force in the State of Gujarat, or in
favor 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. 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(23 of 1955); (b)
any subsidiary bank as defined in clause (k) of section 2 of the
State Bank of India (Subsidiary Banks) Act, 1959(38 of 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(10 of 1963); (ii)
in sub-section (IB), for the word, brackets, figure and letter
"or (1A)", the word, brackets, figure and letters "or (1AA)
shall be substituted. In section 57 of the Bombay
Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, as
in force in the State of Gujarat, after sub-section (1), the following
sub-section shall be inserted, namely:? '(1A) 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 interest in the land in favor of
the State Government in consideration of a loan advanced to him by the State
Government under the Land Improvement Loans Act, 1883(19 of 1883), the
Agriculturists' Loans Act, 1884(12 of 1884), or the Bombay Non-agriculturists'
Loans Act, 1928(Bom. III of 1928), as in force in the State of Gujarat, or in
favor 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. 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(23 of 1955); (b)
any subsidiary bank as defined in clause (k) of section 2 of the
State Bank of India (Subsidiary Banks) Act, 1959(38 of 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(10 of 1963).'.
Preamble - THE GUJARAT TENANCY LAWS (AMENDMENT) ACT, 1976PREAMBLE