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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS
DEPARTMENT
The Gujarat Tenancy and
Agricultural Land Act, 1948
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(Bombay Act No. LXVII of 1948)
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( As modified up to the 31st January, 2018)
Printed in India by The Manager, Government Press And Stationery, Vadodara,
Published by the Director, Government Printing, and
(G.P.V)-H-2031-1,130-Book-02-2018.
Stationery, Gujarat State, Ahmedabad.
2018.
( Price : ` 81.00 )
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âˆØ×ðß ÁØÌð
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS
DEPARTMENT
The Gujarat Tenancy and
Agricultural Land Act, 1948
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(Bombay Act No. LXVII of 1948)
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In
( As modified up to the 31st January, 2018)
Printed in India by The Manager, Government Press And Stationery, Vadodara,
Published by the Director, Government Printing, and
Stationery, Gujarat State, Ahmedabad.
2018.
( Price : ` 81.00 )
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PRINTED AT THE GOVERNMENT PRESS, VADODARA.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 i
THE GUJARAT TENANCY AND AGRICULTURAL LANDS ACT, 1948.
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CONTENTS.
Preamble.
Sections.
CHAPTER I.
Preliminary.
1. Short title and extent. 2
2. Definitions. 2
CHAPTER II.
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General Provisions Regarding Tenancies.
3. Application of Chapter V of Transfer of Property Act. 7
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4. Persons to be deemed tenants. 7
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4A. Protected tenants. 8
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4B. Tenancy not to be terminated by efflux of time. 8
5. Ceiling area. 8
6. Economic holding. 8
6A. Irrigated land. 9
7. Power of Government to vary ceiling area and economic holding. 9
8. Rent and its maximum and minimum. 9
9. Rate of rent payable by tenant to his landlord. 10
9A. Quantum of rent payable by tenant to landlord. 10
9B. Landlord not liable to make contribution towards cost of cultivation. 11
9C. Liability of tenant to payment until rent is fixed under preceding sections. 11
10. Refund of rent recovered in contravention of the provisions of the Act and other penalties. 11
10A. Liability of tenant to pay land revenue and certain other cesses. 11
11. Abolition of all cesses, etc. 12
12. [Deleted]. 12
13. Suspensions or remissions of rent. 13
14. Termination of tenancy for default of tenant. 13
15. Surrender by tenant. 14
ii The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
16. Bar to eviction from dwelling house. 14
17. Tenant to be given first option of purchasing site on which he has built a dwelling house. 15
17A. Tenant’s right to purchase site referred to in seciton 16. 15
17B. Tenant to be deemed to have purchased sites referred to in section 16 from specified date. 16
18. Dwelling houses of agricultural labourers, etc. 17
19. Tenant’s right to trees planted by him. 17
20. Right to produce of naturally growing trees. 17
21. [Deleted]. 17
22. Tenants responsible for maintenance of boundary marks. 17
23. Repairs of protective bunds. 18
24. Relief against termination of tenancy in certain cases. 18
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25. Relief against termination of tenancy for non-payment of rent. 18
25A.
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Tenancy to be in abeyance during usufructuary mortgage in favour of tenant. 19
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26. Receipts for rent. 19
27. Sub-division, sub-letting and assignment prohibited. 19
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28. Bar to attachment, seizure or sale by process of Court. 20
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29. Procedure of taking possession. 20
29A. Provisions of section 29 to apply to sites used for allied pursuits. 21
30. Rights and privileges of tenants not to be affected. 21
CHAPTER III.
Special Rights and Privileges of Tenants and provisions for
Distribution of land for personal cultivation.
31. Landlord’s right to terminate tenancy for personal cultivation and non-agricultural purpose. 22
31A. Conditions of termination of tenancy. 23
31B. No termination of tenancy in contravention of Bom. LXII of 1947 or if tenant is member of co-
operative farming society. 24
31C. Landlord not entitled to terminate tenancy for personal cultivation of land left with tenant. 24
31D. Apportionment of rent after termination of tenancy for land left with tenant. 24
32. Tenants deemed to have purchased land on tiller’s day. 24
32A. Tenants deemed to have purchased up to ceiling area. 27
32B. When Tenants not deemed to have purchased lands. 28
32C. When Tenants entitled to choose lands to be purchased. 28
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 iii
32D. When Tenants deemed to have purchased fragments. 28
32E. Disposal of balance of lands after purchase by tenant. 28
32F. Right of tenant to purchase where landlord is minor, etc. 28
32FF. Tenant in possession who has surrendered tenancy to be deemed to have purchased land on specified
date. 30
32G. Tribunal to issue notice and determine price of land to be paid by tenants. 30
32H. Purchase price and its maxima. 31
32I. Sub-tenant of permanent tenant to be deemed to have purchased land. 32
32J. [Deleted]. 33
32K. Mode of payment of price by tenant. 33
32L. Purchase price recoverable as arrear of land revenue. 34
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32M. Purchase to be ineffective on tenant’s failure to pay purchase price in lump sum or instalments within
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given period. 34
32N. Landlord’s right to recover rent when purchase becomes ineffective. 35
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32O. [Deleted].
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32P. Power of Collector to resume and dispose of land not purchased by tenants and appeal against
Collector’s order. 36
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32PP. Further opportunity to tenant to purchase land. 39
32PPP. Further opportunity to purchase land to tenants whose purchase became ineffective after
commencement of Guj. 36 of 1965. 41
32Q. Amount of purchase price to be applied towards satisfaction of debts. 42
32QQ. Deposit or payment of purchase price by State Government on behalf of specified tenants. 43
32R. Purchaser to be evicted if he fails to cultivate personally. 44
32S. Definitions. 44
32T. Special right of certified landlord to terminate tenancy for personal cultivation. 44
32U. Tenants of lands mentioned in section 88C to be deemed to have purchased land and other
incidental provisions. 47
33. Right of protected tenants to exchange land. 48
34. [Deleted]. 48
34A. Holders of land to furnish particulars of land to Mamlatdar. 48
35. [Deleted]. 48
36. Fragment in excess of economic holding or ceiling area may be permitted to remain with holder. 49
iv The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
37. Landlord to restore possession if he fails to cultivate within one year. 49
38. [Deleted]. 51
39. Application for recovery of possession by tenant. 51
40. Continuance of tenancy on death of tenant. 52
41. Compensation for improvement made by tenant. 52
42. Tenant’s right to erect farm house. 52
43. Restriction on transfers of land purchased or sold under this Act. 52
CHAPTER III-AA
Special provisions for termination of tenancy by landords who are or have been
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serving members of the armed forces and for purchase of their lands by tenants.
43-1A. Definition.
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43-1B. Right of landlord to terminate the tenancy. 53
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43-1C. Transfer of pending proceedings to Collector and State Government. 54
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43-1D. Right of tenant to purchase land from landlord. 55
43-1E. Savings. 55
CHAPTER III-A.
Special provisions for lands held on lease by industrial or
commercial undertaking and by certain persons for the
cultivation of sugarcane and other notified agricultural produce.
43A. Some of the provisions not to apply to leases of land obtained by industrial or commercial
undertaking, certain co-operative societies or for cultivation of sugarcane or fruits or flowers. 55
43B. Reasonable rent of land to which section 43A applies. 56
CHAPTER III-B.
Special provisions in respect of areas within the limits
of a municipality or a cantonment.
43C. Certain provisions not to apply to municipal or cantonment areas. 57
43D. Termination of tenancy. 57
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 v
CHAPTER IV.
Management of estates held by land holders.
44. Power to assume management of land holder’s estate. 58
45. Vesting of estate in management. 58
46. Effect of declaration of management. 58
47. Manager’s powers. 59
48. Manager to pay costs of management, etc. 59
49. Notice to claimants. 60
50. Claim to contain full particulars. 60
51. Claim not duly notified to be barred. 60
52. Determination of debts and liabilities. 60
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53. Power to rank debts and fix interest. 61
54. Scheme for liquidation. 61
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55. Provision of scheme. 61
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56. Effects of sanctioning scheme. 61
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57. Power to remove mortgagee in possession. 61
58. Power to sell or lease. 61
59. Manager’s receipt a discharge. 62
60. Holder of estate dying. 62
61. Termination of management. 62
62. Manager deemed to be public servant. 62
CHAPTER V.
Restrictions on transfers of agricultural lands, Management
of Uncultivated lands and acquisition of estates and lands.
63. Transfers to non-agriculturist barred. 62
63A. Reasonable price of land for the purpose of its sale and purchase. 63
63AA. Sale of land for bonafide industrial purpose permitted in certain cases. 64
63AB. Last transaction if made to an agriculturist to be valid even if earlier transaction or transactions 67
may be invalid.
63AC. Conversion of land into non-agricultural purpose if the land is purchased before the commencement
of Amending Act, 2015. 68
63AD. Penalty to transferee for transfer of land in breach of provisions of sub-section (1) of section 63. 68
vi The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
64. Sale of agricultural land to particular person. 68
64A. [Deleted]. 70
65. [Deleted]. 70
65A. [Deleted]. 70
66. [Deleted]. 70
CHAPTER V-A.
Construction of water course through land of another.
66A. Construction of water course through land belonging to other person. 70
66B. Failure to pay rent and to keep water course in good repair. 72
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66C. Removal or discontinuance of water course.
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66D. Neighbouring holder entitled to use surplus water on payment of rate. 72
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CHAPTER VI.
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Procedure and Jurisdiction of Tribunal; Mamlatdar and Collector;
Appeals and Revision.
67. Tribunal. 72
68. Duties of the Tribunal. 73
69. Powers of the Tribunal. 73
70. Duties of the Mamlatdar. 73
70A Regularisation of certain sale of land. 74
71. Commencement of proceedings. 75
72. Procedure. 75
72AA. Distribution of business amongst Mamlatdars. 75
72A. Power of Collector to transfer proceedings. 75
72B. Application for possession of land made to different Mamlatdars to be heard by designated Mamlatdar. 75
72C. Designated Tribunal to conduct proceedings in respect of land held by the same tenant in different areas. 76
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 vii
73. Execution of order for payment of money or for restoring possession. 77
73A. Powers of Collector in inquiries under sub-section (3A) of section 29; provision as respects 77
revision and execution of orders.
74. Appeals. 78
74A. Power of Collector to transfer and withdraw appeals. 79
75. Appeal against award of Collector. 80
76. Revision. 80
76A. Revisional powers of Collector. 80
76AA. Revisional power of Government is certain cases. 81
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77. Court Fees. 81
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78. Orders in appeals or revision. 81
79. Limitation. 81
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80. Inquiries and proceedings to be judicial proceedings. 81
80A. Pleaders, etc., excluded from appearance. 82
CHAPTER VII.
Offences and Penalties.
81. Offences and penalties. 82
CHAPTER VIII.
Miscellaneous.
82. Rules. 83
83. Delegation of powers, functions and duites. 85
83A. Restriction on acquiring land by transfer which is invalid. 86
84. Summary eviction. 86
84A. Validation of transfers made before appointed day. 86
84B. Certain transfers made between appointed day and commencement of Amending Act, 1955 invalid. 87
viii The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
84C. Disposal of land, transfer or acquisition of which is invalid. 88
84CC. Dispossession of land in certain circumstances to be ineffective. 89
84D. Temporary leases of land liable to be disposed of under section 32P or 84C. 90
85 Bar of jurisdiction. 91
85A. Suits involving issues required to be decided under this Act. 91
86. Control. 91
87. Indemnity. 91
87A. Saving in respect of provisions of Land Tenures Abolition Acts. 92
88. Exemption to Government lands and certain other lands. 92
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88AI. [Deleted]. 94
88A od
Provisions of Act not to apply to land transferred to or by Bhoodan Samiti. 94
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88B. Exemption from certain provisions to lands to local authorities, universities and trusts. 94
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88C. Exemption from certain provisions to lands leased by persons with the annual income not exceeding 95
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` 1,500.
88CC. Rights of certain tenants to purchase land barred. 96
88CA. Section 32 to 32R not to apply to certain service lands. 96
88D. Power of Government to withdraw exemption. 96
88E. Cessor of exemption in respect of certain public trust lands. 97
89. Repeal. 97
90. Enactments amended. 98
Schedule I 98
Schedule II 101
Schedule III 103
Schedule IV [Deleted]. 104
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1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 1
Gujarat Act No. LXVII of 1948.1
[ The 2[Gujarat] Tenancy and Agricultural Lands Act, 1948. ]
[28th December, 1948.]
Adapted and modified by the
Adaptation of Laws Order, 1950.
Amended by Bom. 12 of 1951. Amended by the President's Act. 37 of 1976.
Amended by the Guj. 3 of 1977.
,, ,, ,, 34 of 1951. ,, ,, ,, 3 of 1977.
,, ,, ,, 45 of 1951. ,, ,, ,, 30 of 1977.
,, ,, ,, 33 of 1952. ,, ,, ,, 11 of 1978.
,, ,, ,, 60 of 1953. ,, ,, ,, 4 of 1979.
,, ,, ,, 13 of 1956. ,, ,, ,, 4 of 1980.
Adapted and modified by the ,, ,, ,, 37 of 1980.
Adaptation of Laws (State and ,, ,, ,, 13 of 1981.
Concurrent Subjects) Order, 1956. ,, ,, ,, 5 of 1982.
Amended by Bom. 15 of 1957.* ,, ,, ,, 8 of 1984.
,, ,, ,, 38 of 1957.† ,, ,, ,, 8 of 1986.
,, ,, ,, 63 of 1958.†† ,, ,, ,, 8 of 1987.
,, ,, ,, 21 of 1987.
Adapted and modified by the ,, ,, ,, 4 of 1995.
Gujarat Adaptation of Laws ,, ,, ,, 7 of 1997.
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(State and Concurrent Subjects) ,, ,, ,, 3 of 2001.
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Order, 1960.
Amended by Guj. 15 of 1957. * ,, ,, ,, 10 of 2009.
,, ,, ,, 16 of 1960. ,, ,, ,, 15 of 2011.
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,, ,, ,, 27 of 1961. ,, ,, ,, 16 of 2011.
,, ,, ,, 15 of 1964. ,, ,, ,, 24 of 2011.
,, ,, ,, 24 of 1965. ,, ,, ,, 8 of 2014.
,, ,, ,, 36 of 1965. ,, ,, ,, 5 of 2015.
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,, ,, ,, 15 of 1969. ‡ ,, ,, ,, 28 of 2015.
,, ,, ,, 16 of 1969.
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,, ,, ,, 2 of 1971.
,, ,, ,, 5 of 1973.
,, ,, ,, 19 of 1973.
,, ,, ,, 2 of 1974.
the President’s Act 7 of 1974.
the President’s Act 15 of 1974.
the President’s Act Guj.14 of 1976.
1. For Statement of Objects and Reasons see Bombay Government Gazette, 1948, Part
V, page 295.
* Section 17 of Bom. 15 of 1957 reads as Follows :–
Bom. "17. The amendment made to the said Act by section 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, Certain
XIII of 13, and 14 and by sub-clause (a) of clause (1) and clause (2) of section 15 of this Act amendments to
1956. shall be deemed to have been made and to have come into force on the date on which the have retrospec-
Bombay Tenancy and Agricultural Lands (Amendement) Act, 1955, came into force." tive effect.
† Section 34 of Bom. 38 of 1957 reads as follows :–
Bom. "34 The amendment made to the said Act by sub-section (2) of section 2, sections 3, Certain
XIII of 4, 5, 11, 12 and 13, sub-section (1) of section 14 and sections 18, 20 and 28 shall be deemed amedements to
1956. to have been made and to have come into force on the date of which the Bombay Tenancy have retrospec-
and Agricultural Lands (Amendment) Act, 1956, came into force." tive effect.
†† Section 21 of Bom. 63 of 1958 reads as follows :–
Bom. "21. (1) The amendment made to the principal Act by sections 3, 5, 6, 7, 12, 13, 14, Certain amend-
XIII of 15, 16, 17, 18 and 20 of the Act shall deemed to have been made and to have come into ments to have
1956. force on the date on which the Bombay Tenancy and Agricultual Land (Amendment) Act, retrospective
1955 came into force. effect, and refund
(2) The amount of penalty, if any, paid by a transferee under sections 84A of the of penalty.
principal Act before the coming into force of this Act shall to the extent to which it is in
excess of the amount payable under the said section as amendment by this Act be refunded.
(3) If any transfer in favour of the tenant is declared invalid under section 84B or 84C of the principal Act,
before the coming into force of this Act, and if the tenants pays to the State Government a penalty as prescribed in the
said section 84B or 84C as amended by section 13 or 14 of this such transer shall be revalidated by the mamlatdar."
2. This word was substituted for the word "Bombay" by Guj. 15 of 2011, Sch., Sr. No. 29.
2 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
An Act to amend the law relating to tenancies of agricultural lands and to
make certain other provisions in regard to those lands.
WHEAREAS it is necessary to amend the law which governs the relations of landlords
and tenants of agricultural lands;
And Whereas on account of the neglect of a landholder of disputes between a land-
holder and his tenants, the cultivation of his estate has seriously suffered, or for the purpose
of improving the economic and social conditions of peasants or ensuring the full efficient use
of land for agriculture, it is expendient to assume management of estate held by landholders
and to regulate and impose restrictions on the transfer of agricultural lands, dwelling houses,
sites and lands appurtenant thereto belonging to or occupied by agriculturists, agrigultural,
labourers and artisans in the Province of bombay and to make provisions for certain other
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purpose hereinafter appearing; It is hereby enacted as follows:–
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CHAPTER I.
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Preliminary.
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Short title and 1. (1) This Act may be called the 1[Gujarat] Tenancy and Agricultural Lands Act, 1948.
extent.
(2) It extends to the 2[Bombay area of the State of Gujarat.]
Definitions. 2. In this Act unless there is anything repugnant in the subject or context–
3
[(1) "agriculture" includes horticulture, the raising of crops, grass or garden produce,
4
[the use by an agriculturist of the land held by him or a part thereof for the grazing of his
cattle, the use of any land, whether or not an appanage to rice or paddy land, for the purpose
of rab manure] but does not include allied pursuits or the cutting of wood only:
5
[Provided that in the case of such tracts of land abounding in natural growth of grass
as the State Government may, by notification, in the Official Gazette, specify, "agriculture"
shall include the cutting of grass for any purpose;]
1. This word was substituted for the word "Bombay" by Guj. 15 of 2011, Sch., Sr. No. 29.
2. These words were substituted for the words "pre-Re-organisation State of Bombay excluding the transferred
territories" by the Gujarat Adaptaion of Laws (State and concurrent Subjects) (Third Amendment) order, 1960.
3. Clauses (1) and (1A) were substituted for the original clause (1) by Bom. 13 of 1956, s.2(1).
4. These words were inserted by Bom. 15 of 1957, s. 2 (a).
5. This proviso was added by Guj. 16 of 1960, s. 2.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 3
(1A) "agricultural labourer" means a person whose principal means of livelihood is
manual labour on land;]
(2) "agriculturist" means a person who cultivates land personally;
[(2A) "allied pursuits" means dairy farming, poultry farming, breeding of livestock,
2
grazing 2 [(other than the pasturage of one's own agricultural cattle)] and such other pursuits
as may be prescribed;
(2B) "appointed day" means the 15th day of June, 1955.
(2C) "backward area" means any area declared by the State Government to be a
backward area, being an area in which, in the opinion of the State Government, socially,
economically and educationally backward classes of citizens predominate, and includes
an area declared to be Scheduled area under paragraph 6 of the Fifth Schedule to the
Constitution of India;
(2D) "ceiling area" means in relation to land held by a person, whether as an owner or
tenant or partly as owner and partly as tenant, the area of land fixed as a ceiling area under
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section 5 or 7;
Bom. V
of 1879.
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(2E) "Collector" includes an Assistant or Deputy Collector performing the duties
and exercising the powers of the Collector under the Bombay Land Revenue Code, 1879,
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or any other officer specially empowered by the State Government to perform the function
of the Collector under this Act;]
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Bom. VII (3) "Co-operative Socitey" means a society registered under the provisions of the
of 1925.
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Bombay Co-operative Society Act, 1925, or a society deemed to have been registered under
the said Act;
Bom. VII (4) Co-operative Farming Society" means a society registered as such under the
of 1925. Bombay Co-operative Socities Act, 1925;
3
[ (5) "to cultivate" which its grammatical variations and cognate expressions means
to till or husband the land for the purpose of raising or improving agricultural produce,
whether by manual labour or by means of cattle or machinery, or to carry on any agricultural
operation thereon; and the expression "uncultivated" shall be constructed correspondingly.
Explanation.–A person who takes up a contract to cut grass, or to gather the fruits or
other produce of trees on any land, shall not on that account only be deemed to cultivate
such land;]
4
[ (6) "to cultivate personally" means to cultivate land on one's own account–
(i) by one's own labour, or
(ii) by the labour of any member of one's family, or
(iii) under the personal supervision of oneself or any member or one's family, by hired
labour or by servants on wages payable in cash or kind but not in crop share.
5
[ * * * ]
1. Clauses (2A) , (2B), (2C), (2D) and (2E) were substituted for clauses (2A) by Bom. 13 of 1956, s. 2(2).
2. This protion was inserted by Bom. 15 of 1957, s. 2(b).
3. Clause (5) was substituted for the original by Bom. 13 of 1956, s. 2 (3).
4. Clause (6) was substituted for the original, ibid., s. 2 (4).
5. This portion was deemed always to have been deleted by Guj. 3 of 2001, s. 2.
4 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
1
[ * * * * * *]
Explanation I.—A widow or a minor, or a person is subject to physical or mental
disability, or a serving member of the armed forces shall be deemed to cultivate the land
personally if such land is cultivated by servants, or by hired labour, or through tenants.
Explanation II.— In the case of a joint family, the land shall be deemed to have been
cultivated personally, if it is cultivated by any member of such family, 2[and in the case of
a family other than a joint family, a person, other than the husband, or, as the case may by,
wife of the person concerned or any of his lineal descendants dependant on him, shall not
be deemed to be a member of the family.]
3
[ * * * * * *]
4
[ * * * * * *]
[ (6A) "to hold land" as an owner or tenant shall, for the purposes of clause (2D) of
5
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this section and sections 32A, 32B, 34 and 35, mean to be area of land fixed as an economic
holding under section 6 or 7;
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(6B) "fragment" means a fragment as defined in sub-section (4) of section 2 of the Bom.
LXII of
Bombay prevention of Fragmentation and Consolidation of Holdings Act, 1947]; 1947.
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[(6C) "to hold land" as an owner or tenant shall, for the purposes of clause (2D) of
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this section and sections 32A, 32B, 34 and 35, mean is be lawfully in actual possession of
land as an owner or tenant, as the case may be;]
(7) "Improvement" means with reference to any land, any work which adds to the
value of the land and which is suitable thereto as also consistent with the purpose for which
it is held; and includes—
(a) the construction of tanks, wells, water channels, embankments and
other works for storage, supply or distribution of water for agricultural purpose;
(b) the construction of works for the drainage of land or for the protection of
land from floods or from erosion or other damage from water;
(c) the reclaiming, clearing, enclosing, levelling or terracing of land.
(d) the erection of buildings on the land, required for the convenient or profitable
use of such land for agricultural purpose; and
1. This proviso was deleted by Guj. 5 of 1973, s. 2(1) (a).
2. This portion was added, ibid., s. 2(1) (b).
3. Explanation III inserted by Guj. 5 of 1973, s. 2(1) (c) was deemed always to have been deleted by Guj. 3
of 2001, s. 2.
4. Clause (6AA) which was inserted by Bom. 38 of 1957, s. 2(1) was deleted by Bom. 63 of 1958, s. 2.
5. Clauses (6A) and (6B) were inserted by Bom. 13 of 1956, s. 2(5).
6. Clause (6C) was inserted by Bom. 15 of 1957, s. 2 (c).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 5
(e) the renewal or reconstruction of any of the foregoing works or alterations
therein or additions thereto as are not of the nature of ordinary repairs; but does not
include such clearances, embankments, levellings, enclosures, temporary wells, water
channels and other works as are commonly made by the tenants in the ordinary course
of agriculture;
[(7A) "joint family" means an undivided Hindu Family, and in the case of
1
other persons a group or unit the members of which are by custom joint in estate or
residence;]
2
[(8) "land" means–
(a) land which is used for agricultural purpose 3[or which is so used but is left
fallow, and includes the sites of farm buildings ] appurtenants to such land; and
(b) for the purposes of sections 11, 16, 17, 17A, 17B, 18, 19, 20, 26, 28, 29,
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29A, 30, 41, 4[43] , 63, 64, 64A, 84A ,84B and 84C–
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(i) the sites of dwelling houses occupied by agriculturists, agricultural labourers
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or artisans and land appurtenant to such dwelling houses.
(ii) the sites of structures used by agriculturiests for allied pursuits;]
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(9) "landholder" means a zamindar, jagirdar, saranjamdar, inamdar, talukdar, malik or
khot or any person not hereinbefore specified who is a holder of land or "who is interested
in land and whom the 5[State] Government has declared on account of the extent and value
of the land or his interests therein to be a landholder for the purpose of this Act;
[(9A) "landless person" means a person who, holding no land for agricultural purpose,
6
whether as an owner or tenant earns his livelihood principally by manual labour; and intends
to take the profession of agriculture and is capable of clutivating land personally;]
(10) "Mamlatdar" includes a Mahalkari and any other officer, whom the
[State] Government may appoint to perform the duties of a Mamlatdar under this Act;
5
7
[(10A) "permanent tenant" means a person–
(a) who immediately before the commencement of the Bombay Tenancy and
Agricultural Lands (Amendment) Act, 1955 (hereinafter called "the Amending Act,
1955"),–
1. Clause (7A) was inserted by Bom. 13 of 1956, s. 2(6).
2. Clause (8) was substituted for the oridinal, ibid., s. 2(7).
3. These words were substituted for the words" and the sites of farm buildings" by Bom. 15 of 1957, s. 2 (d).
4. These figures were inserted by Guj. 30 of 1977, s. 2.
5. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
6. Clause (9A) was inserted by Bom. 13 of 1956, s. 2(8).
7. Clause (10A) was inserted, ibid., s. 2 (9).
6 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(i) holds land as mulgenidar or mirasdar; or
(ii) by custom, agreement or the decree or order or a Court holds the
land on lease permanently; or
(b) the commencement or duration of whose tenancy cannot satisfactorily be
proved by reason of antiquity;
and includes a tenant whose name or the name of whose predecessor-in-title has
been entered in the record of rights or in any public record or in any other revenue
record as a permanent tenant immediately before the commencement of the Amending
Act, 1955];
(11) "person" includes 1[ a joint ] 2[* * ]family;
(12) "prescribed" means prescribed by rules made under this Act;
(13) "profits of agriculture" in respect of any land means the surplus remaining
[with the holder] after the expenses of cultivation including the wages of the cultivator
3
working on the land are deducted from the gross produce.
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[Explanation.–If the members of the family of a holder work on the land for the
4
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purpose of cultivation thereof, the labour of such members shall be taken into account in
estimating the expenses of cultivation referred to in this caluse];
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(14) "protected tenant" means a person who is recognised to be a protected
tenant 5[under section 4A];
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6
[ * * * * * ]
In
(16) "rent" means any consideration, in money or kind or both, paid or payable
by a tenant on account of the use or occupation of the land held by him but shall not include
the rendering of any personal service or labour;
[(16A) "serving member of the armed forces" means a person in the service
7
of the armed forces of the Union:
Provided that if question arises whether any person is a serving member of the
armed forces of the Union, such question shall be decided by the State Government,
and its decision shalll be final;
(16B) "small holder" means an agriculturist cultivating land less in area than an
economic holding who earns his livelihood principally by agriculture or by agricultural
labour;]
[(16C) "specified date" means the date of the coming into force of the
8
Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1972;] Guj. 5 of
1973.
(17) "tenancy" means the relationship of landlord and tenant;
1. These words were substituted for the words "an undivided" by Bom. 13 of 1956, s. 2(10).
2. The word "Hindu" was deleted by Bom. 38 of 1957, s. 2(2).
3. These words were substituted for the words "with the cultivator" by Bom. 13 of 1956, s. 2 (11) (a).
4. This Explanation was inserted, ibid., s. 2 (11) (b).
5. These words, figure and letter were substituted for the words and figures " under section 31", ibid.,
s. 2(12).
6. Clause (15) was deleted, ibid., s. 2 (13).
7. Clasuses (16A) and (16B) were inserted, ibid., s. 2 (14).
8. Clasuse (16C) was inserted by Guj. 5 of 1973, s. 2(2).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 7
1
[(18) "tenant" means a person who holds land on lease and includes–
(a) a person who is deemed to be a tenant under section 4;
(b) a person who is a protected tenant; and
(c) a person who is a permanent tenant;
2[(d) a person who, after the surrender of his tenancy in repect of any land
at any time after the appointed day but before the specified date has continued,
or is deemed to have continued, to remain in actual possession, with or without
the consent of the landlord, of such land till the specified date;]
and the word "landlord" shall be construed accordingly;]
(19) "Tribunal" means the Agricultural Lands Tribunal constituted under
section 67;
[(20) "Village" means a village recognised as such in the revenue
3
accounts;]
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4
[(20A) "Warkas lands" means land which is used for the purpose of rab
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manure in connection with rice cultivation and is classified in the revenue record
as Warkas;]
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Bom. V (21) words and expressions used in this Act but not defined shall have
of 1879.
the meaning assigned to them in the Bombay Land Revenue Code, 1879, and the
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IV of
1882. Transfer of Property Act, 1882, as the case may be.
In
CHAPTER II.
General Provisions Regarding Tenancies.
IV of 3. The provisions of Chapter V of the Transfer of Property Act, 1882, shall Application
1882. of Chapter V
in so far as they are not inconsistent with the provisions of this Act, apply to the of Transfer of
tenancies and leases of land to which this Act applies. Property Act.
4. A person lawfully cultivating any land belonging to another person shall be Persons to be
deemed to be a tenant if such land is not cultivated personally by the owner and deemed tenants.
if such person is not–
(a) a member of the owner's family; or
(b) a servant on wages payable in cash or kind but not in crop share or a hired la-
bourer cultivating the land under the personal supervision of the owner or any member of
the owner's family, or
(c) a mortgagee in possession.
Explanation 5[I].– A person shall not be deemed to be a tenant under this section
if such person has been on an application made by the owner of the land as provided
Bom. under section 2A of the Bombay Tenancy Act, 1939 declared by a competent authority
XXIX of
1939.
not to be a tenant.
1. This clause was substituted for the original by Bom. 13 of 1956, s. 2(15).
2. Item (d) was inserted by Guj. 5 of 1973, s. 2(3).
3. This clause was substituted for the orginal by Bom. 13 of 1956, s. 2(16).
4. This clause was inserted by Bom. 15 of 1957, s. 2(c).
5. The existing Explanation was renumbered as Explanation I by Bom. 38 of 1957, s. 3.
8 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
1
[Explanation II.– Where any land is cultivated by a widow or a minor or a
person who is subject to physical of mental disability or a serving member of the armed
forces through a tenant then notwithstanding anything contained in Explanation I to clause
(6) of section 2, such tenant shall be deemed to be a tenant within the meaning of this
section.]
Protected
2
[4A. For the purpose of this Act, a person shall be recognised to be a protected tenant, Bom.
XXIX of
tenants. if such person has been deemed to be a protected tenant under sections, 3, 3A and 4 of the 1939.
Bombay Tenancy Act, 1939 referred to in Schedule 1 to this Act.
Tenancy not to 4B. No tenancy of any land 3[(other than tenancy created with the previous sanction
be terminated of the Collector under section 73AA of the Bombay Land Revenue Code, 1879)] shall be
by efflux of
time.
terminated merely on the ground that the period fixed by agreement or usage for its duration
has expired.]
Ceiling area. 4
[5. (1) For the purpose of this Act, the ceiling area of lands shall be–
(a) 48 acres of jirayat land, or
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(b) 24 acres of seasonally irrigated land or paddy or rice land, or
(c) 12 acres of perennially irrigated land.
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(2) Where the land held by a person consists of two or more kinds of land
specified in sub-section (1), the ceiling area of such holding shall be determined
on the basis of one acre of perennially irrigated land being equal of two acres of
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seasonally irrigated land or paddy or rice land, or four acres of jirayat land.
In
5
[(3) Where in any case the ceiling area as determined under the provisions of Guj.
the Gujarat Agricultural Lands Ceiling Act, 1960 as in force for the time being is XXV II
of 1961.
less than the ceiling area specified in this section, then, notwithstanding anything
contained in this section, the ceiling area of land as determinaed under the said Act
shall be the ceiling area for the purposes of this Act.]
6
[Explanation.–In calculating the ceiling area warkas land shall be excluded.]
Economic
holding. 6. (1) For the purpose of this Act, an economic holding shall be –
(a) 16 acres of jirayat land, or
(b) 8 acres of seasonally irrigated land, or paddy or rice land, or
(c) 4 acres of perennially irrigated land.
(2) Where the land held by a person consists of two, or more kinds of land specified
in sub-section (1), an economic holding shall be determined on the basis applicable
to the ceiling area under sub-section (2) of section 5.
[Explanation.–In calculating an economic holding warkas land shall be excluded.]
7
1. Explanation II was inserted by Bom. 38 of 1957, s. 3.
2. Sections 4A and 4B were inserted by Bom. 13 of 1956, s. 3.
3. These brackets, words, figures and letters were inserted by Guj. 37 of 1980, s. 5, Sch., Sr. No. 1 (1).
4. These sections were substituted for sections 5,6,7,8 and 9 by Bom. 13 of 1956, s. 4.
5. Sub-section (3) was inserted by Guj. 2 of 1974, s. 30.
6. This Explanation was added by Bom. 15 of 1957, s. 3.
7. This Explanation was added, ibid., s. 4.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 9
6A. For the purpose of this Act,- Irrigated
land.
Bom. (a) irrigated Land, whether perennially or seasonally irrigated, shall not include
VII of land irrigated by source other than canals or bandharas within the meaning of the Bombay
1979. Irrigation Act, 1979, or any lift irrigation system constucted or maintained by the State
Government;
(b) seasonally irrigated land shall include alluvial land and land situated in
the bed of a river and seasonally flooded by the water of such river.
7. Notwithstanding anything contained in section 5 and 6, it shall be lawful for the Power of
State Government, if it is satisfied that it is expedient so to do in the public interest, to Government
vary, by notification in the Official Gazette, the acreage of the ceiling area or economic to vary
holding, or the basis of determination of such ceiling area or economic holding under ceiling
area and
sub-section (2) of section 5, regard being had to-
economic
(a) the situation of the land, holding.
(b) its productive capacity,
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(c) the fact that the land is located in a backward area, and
(d) any other factors which may be prescribed:
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1
[Provided that the extent of ceiling area shall not be varied so as to increase if
Guj it is already in excess of the ceiling area as determine for the time beining under the
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XXVII Of Gujarat Agricultural Land Ceiling Act, 1960, or so as to exceed the extent of ceiling
1961. area as so determined if it is less than such extent.]
In
8. (1) Subject to the provision of this Act.- Rent and
(a) but notwithstanding any law, custom, usage, agreement or the decree its
or order of a court, the rent payable shall be paid annually, and in cash; maximum
and
(b) such rent shall not exceed five times the assessment payable in respect minimum.
of the land or twenty rupees per acre whicher is less, and shall not be less than twice
such assessement:
Provided that where the amount equal to twice the assessment exceeds the sum
of twenty rupees per acre, the rent shall br twice the assessment.
(2) For the purpose of this section “assessment”means-
(i) in areas in which a settlement has been made under Chapter VIIIA of the
Bom. V of
1879.
Bombay Land Revenue Code, 1879, or in which the assessment has been fixed under
section 52 of the said Code the assessment so settled or fixed;
(ii) in areas to which rule 19N of the Land Revenue Rules, 1921, applies such
assessment as may be leviable under that rule;
Bom. (iii) in areas to which the Bombay Merged Territories and Areas (Jagirs Abolition)
XXXIX of Act, 1953 applies the assessment fixed under section 7 of that Act;
1954.
(iv) in areas in which the assessment is payable in crop share or produce, such
assessment as may be fixed by the State Government in accordance with the principles
laid down in rule 19-O of the Land Revenue Rules,1921.
1. This proviso was added by Guj. 5 of 1973, s.3.
10 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(3) If by custom, usage, agreement or the decree or order of a court, the amount of
rent payable is less than the maximum or minimum specified in subsection (1), the amount
so payable shall be the rent in respect of the land.
Explanation.–In respect of any land which is partially or wholly exempt from the
payment of land revenue, the full amount of assessment leviable in respect of such land
shall be deemed to be the assessment in respect thereof for the purpose of sub-section (1) as
if the land was not exempt from the payment of the land revenue either partially or wholly.
Rate of rent 9. (1) Subject to the maximum and minimum limits of rent fixed under section 8, the
payable by Mamlatdar shall for each village, or group of villages or for any area in such village or group,
tenant to his within his jurisdiction, fix the reate of rent payable by a tenant for the lease of different classes
landlord. of land situate in such village or group of villages or areas, as the case may be:
[ [Provided that this sub-section shall not apply to rent payable in accordance with
1 2
the provisions of sub-section (3) of section 8 where it is lower than the rent at the rate fixed
by the Mamlatdar under this section.]]
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(2) In arriving at such rate the Mamlatdar shall have regard to the rents prevalent in
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the locality, the productivity of the lands, the prices of commodities and such other factors
as may be prescribed.
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(3) The rate of rent so fixed shall continue for a period of five years and shall be liable
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to be revised by the Mamlatdar thereafter at the end of each successive period of five years:
In
Provided that the rate of rent so fixed, if not revised at the end of any such period,
shall continue until it is so revised.
(4) The rent payable by a tenant to his landlord in respect of any land in a village or
group of villages, or areas, shall be at the rate fixed under subsection (1):
Provided that the Mamlatdar or the Collector, subject to the provisions of section 8,
may at any time during any such period of five years, on an application made to him in this
behalf,–
(i) reduce the rent, if he is satisfied that on account of the deterioration of the land by
flood, or other cause beyond the control of the tenant, the land has been wholly or partially
rendered unfit for cultivation, or
(ii) enhance the rent, if he is satisfied that on account of any improvement made in the
land, at the expense of the landlord, there has been an increase in the agricultural produce
thereof.
Quantum of 9A. (1) The rent payable by a tenant shall, subject to the maximum and minimum fixed
rent payable under section 8, be the rent at the rate fixed under section 9 in respect of the class of land to
by tenant to which the land held by the the tenant belongs 3[or where rent payable under the operation
landlord.
of sub-section (3) of section 8 is lower than the rent at the rate fixed under section 9, such
lower rent]:
1. This proviso was added by Bom. 15 of 1957, s. 5.
2. This proviso was substituted by Bom. 38 of 1957, s. 4.
3. This portion was substituted for the orginal, ibid., s.5.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 11
[Provided that where any land held by a tenant is wholly or partially exempt from
1
the payment of land revenue, and the rent payable in respect of such land is at the rate fixed
under section 9, then the amount of rent shall be increased by a sum equal to the aggregate
of the following amounts, that is to say :—
(i) the amount of full assessment leviable in respect of such land,
(ii) the amounts of the casses mentioned in claused (b), (c) and (d) of sub-section (1)
of section 10A levied of leviable in respect of such land under the relvent law,
and the tenant shall be liable to pay rent as so increased:
Provided further that if the amount of rent payable by the tenant for any year exceeds
the value of 1/6th of the produce of the land in that year, the tenant shall be entitled to deduct
from the rent for that year the amount so in excess, and the quantum of rent payable by the
tenant to his landlord for that year shall be deemed to have been reduced to the extent of
such deduction.]
(2) If there is a dispute regarding the class to which any land belong, either of the
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parties to the dispute may apply to the Mamlatdar who shall, after making an inquiry, decide
the dispute.
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9B. Notwithstanding any law, usage or agreement or the decree or order of a court in Landlord not
the case of land in respect of which the rent has been fixed under section 9, a landlord shall liable to make
contribution
not be liable to make any contribution towards the cultivation of the land in the possession
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towards cost
of his tenants. of cultivation.
In
9C. Until the rent is fixed in accordance with the provisions of the preceding section, Liability of
a tenant shall, subject to the maximum provided under section 8, be liable to pay to the tenant to
payment
landlord the rent at the rate of which it was payable immediately before the commencement
until rent is
of the Amending Act, 1955; and if such rent was payable in crop share or produce, either fixed under
partly or wholly, the value of such crop share or produce shall be determined in the prescribed preceding
manner.] sections.
10. If any landlord recovers rent from any tenant in contravention of the provisions Refund of rent
of section 2[8, 9, 9A or 9C] he shall forthwith refund the excess amount recovered to the recovered in
contravention
tenant and shall be liable to pay such compensation to the tenant as may be determined by
of the provisions
the Mamlatdar in this behalf and shall also be liable to such penalty as may be prescribed of the Act and
by rules made under this Act. other penalties.
[10A. (1) Subject to the provisions of sub-section (2), every tenant shall be liable
3
Liability of
to pay in respect of the land held by him as a tenant— tenant to pay
land revenue
Bom. V (a) the land revenue in accordance with the provisions of the Bombay Land Revenue and certain
of 1879
Code, 1879. other cesses.
Bom. VII (b) the irrigation cess in accordance with the provisions of the Bombay Irrigation Act,
of 1879
1879, 4[*].
1. These provisons were added by Guj. 16 of 1960, s. 3.
2. The figures, letters and word were substituted for the figures and word "6, 7, 8 or 9" by Bom. 13 of 1956, s. 5.
3. This section was inserted, ibid., s. 6.
4. The word "and" was deleted by Bom. 38 of 1957, s. 6 (1)(i).
12 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(c) the cess levied under section 93 of the Bombay Local Boards Act, 1923 as amended Bom. VI
in Schedule II to this Act, 1[and] of 1923.
2
[(d) the cess levied under section 89B of the Bombay Village Panchayats Act, 1933]. Bom. VI
of 1933.
(2) If the aggregate amount of—
(i) the land revenue payable by a tenant under clause (a) of sub-section (1)
(ii) the cess payable by him under 3[clauses (c) and (d)] of sub-section (1) and
(iii) the rent payable by him to the landlord under section 9 or 9C, as the case
may be,
for any year exceeds the value of one-sixth of the produce of such land in that year, the
tenant shall be entitled to deduct from the rent for that year the amount so in excess, and
the quantum of rent payable by the tenant to his landlord for that year shall be deemed to
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have been reduced to the extent of such deduction.
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(3) Nothing in sub-section (1) and (2) shall apply to any land held by—
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(a) a tenant in a Scheduled area;
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(b) a tenant who is paying to the landlord the rent 4[* * * *] under sub-section
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(3) of section 8 5[until such tenant is deemed to have purchased the land under section 32
or purchases the land under section 32F 6[* *] and the purchase price is determind under
section 32H].
[(c) a tenant, where such land is wholly or partly exempt from the payment of land
7
revenue].
Abolition of all 11. 8[(1)] Notwithstanding any agreement, usage of law, it shall not be lawful for any
cesses, etc. landlord to levy any cess, rate, vero, huk, or tax or service of any description or denomination
whatsoever from any tenant in respect of any land held by him as a tenant other than the
rent lawfully due in respect of such land.
[(2) Nothing in sub-section (1) shall affect the liability of a tenant to pay any of the
9
cesses under section 10A.]
12. [Enquiries as regards reasonable rent.] Deleted by Bom. 13 of 1956, s.8.
1. This word was inserted by Bom. 38 of 1957, s. 6 (1)(ii).
2. This clause was inserted, ibid., s. 6(1) (iii).
3. These words, brackets and letters were substituted for the word, brackets and letter "clause (c)", ibid., s. 6(2).
4. The word "agreed upon between him and the landlord" were deleted, ibid., 6. (3).
5. This portion was inserted by Bom. 63 of 1958, s. 3.
6. These word, figure and letter "Or 32-0" were deleted by Guj. 10 of 2009, s. 2.
7. This clause was inserted by Guj. 16 of 1960, s. 4.
8. This section was renumbered as sub-section (1) of that section by Bom. 13 of 1956.
9. Sub-section (2) was inserted, ibid.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 13
13. (1) Notwithstanding anything contained in section 84A of the Bombay Land Suspensions or
Bom. V Revenue Code, 1879, whenever from any cause the payment of the whole land revenue remissions of
of 1879 rent.
payable to Government 1[ * * * * ] in respect of any land is suspended or remitted, the
landlord shall suspend or remit, as the case may be, the payment to him of the rent of such
land by his tenant. If in the case of such land the land revenue is partially suspended or
remitted, the landlord shall suspend or remit the rent payable by the tenant of such land in
the same proportion.
(2) If no land revenue is payable to Government in respect of such land and if from any
cause, the payment of the whole or any part of the land revenue payable to Government in
respect of any other land in the neighbourhood of such land has been suspended or remitted,
the Collector shall, subject to the general or special orders of Government, in the manner
provided in sub-section (1) suspend or remit, as the case may be, the payment to the landlord
of the rent or part of it due in respect of such land.
(3) No application for assistance under sectioins 86 and 87 of the Bombay Land
Bom. V Revenue Code, 1879, shall be entertained, no suit shall be lie and no decree of a Civil Court
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of 1879. shall be executed for recovery by a landlord of any rent, the payment of which has been
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remitted, or during the period for which the payment of such rent has been suspended under
this section. The period during which the payment of rent is suspended under this section
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shall be excluded in computing the period or limitation prescribed for any suit or proceeding
for the recovery of such rent.
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(4) Notwithstanding anything contained in sections 86 and 87 of the Bombay Land
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Bom. V Revenue Code, 1879, the Collector shall in passing an order under sub-section (2) of section-87
of 1879. of the said Code, for rendering assistance to the landlord allow to the tenant, a set-off for the
sum, if any, paid by such tenant to the landlord, in excess of the amount of rent due from him
after deducting the amount required to be remitted under sub-section (1) or sub-section (2) of
this section or under section 84A of the said Code. The set-off under this sub-section shall be
allowed only in respect of the sums paid by such tenant to such landlord during a period of
three years immediately preceding the date of the application made under section 86 of the
said Code.
(5) If any landlord fails to suspend or remit the payment of rent as provided in this
section, he shall be liable to refund to the tenant the amount recoverd by him in contravention
of this section. The tenant may apply to the Mamlatdar for the recovery of the amount and
the Mamlatdar may after making an inquiry make an order for the refund 2[and for inflicting
such penalty on the landlord as may be prescribed.]
[14. (1) Notwithstanding any law, agreement or usage or the decree or order of a Termination
3
court, the tenancy of any land shall not be terminated— of tenancy
for default of
tenant.
(a) unless the tenant—
(i) has failed to pay the rent for any revenue year before the 31st day of May
thereof;
1. The words "by a landlord" were deleted by Bom. 13 of 1956, s. 9(1).
2. These words were added, ibid., s. 9(2).
3. This section was substituted for the original, ibid., s. 10.
14 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(ii) has done any act which is destructive or permanently injurious to the land
(iii) has sub-divided, sub-let or assigned, the land in contravention of section 27;
(iv) has failed to cultivate it personally; of
(v) has used such land for a purpose other than agriculture or allied pursuits;
and
(b) unless the landlord has given three months' notice in writing informing the
tenant of his decision to terminate the tenancy and the ground for such termination, and
within that period the tenant has failed to remedy the breach for which the tenancy is
liable to be terminated.
(2) Nothing in sub-section (1) shall apply to the tenancy of any land held by a
permanent tenant unless by the conditions of such tenancy the tenancy is liable to be
terminated on any of the grounds mentioned in the said sub-section.]
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Surrender by
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[15. (1) Notwithstanding anything contained in this Act, or in any other law for the
1
tenant.
time being in force, no tenant shall at any time terminate the tenancy in respect of any land
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by surrendering his interest therein in favour of the landlord.
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(2) If a tenant intends to terminate tenancy in respect of any land by surrendering
his interest therein, he shall intimate in writing to the landlord and to the Collector to that
In
effect. On receipt of such intimation the Collector shall, after giving an opportunity to the
landlord, the tenant and any other person interested in the land to be heard and after holding
such inquiry as he deems fit, call upon the tenant to tender to the landlord, the rent in arrears
within the period specified in the order and pass an order directing that the tenancy shall be
terminated and that the land shall vest in the State Government free from all encumbrances
as if, on termination of such tenancy, the State Government had acquired the land from the
landlord, and such land shall be liable to be disposed of in the manner provided under clause
(c) of sub-section (2) of section 32P.
(3) Where any land vests in the State Government under the provisions of sub-section
(2), the landlord shall be entitled to be paid by the State Government an amount which shall
be equal to the price of such land and such price shall be determined and payable in the
manner provided in sub-section (5) of section 32P as if the land had been sold under sub-
section (2) of that section.
(4) If the tenant fails to pay to the landlord the rent in arrears within the period specified
under sub-section (2), the same shall be recovered from him as arrears of land revenue and
paid to the landlord.]
Bar to eviction 16. (1) If in any village a tenant, is in occupation of a dwelling house built at the
from dwelling expense of such tenant or his predecessor-in-title on a site belonging to his landlord, such
house.
tenant shall not be evicted from such dwelling house (with the materials and the site thereof
and the land immediately appurtenant thereto and necessary for its enjoyment) unless—
1. This section was substituted by Guj. 5 of 1973, s. 4.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 15
(a) the landlord proves that the dwelling house was not built at the expense of such
tenant or his predecessor-in-title; and
(b) such tenant makes 1[any three defaults] in the payment of rent, if any, which he
has been paying for the use and occupation of such site.
(2) The provisions of sub-section (1) shall not apply to a dwelling house which is
situated on any land used for the purposes of agriculture from which he has been evicted
under 2[section 31].
17. (1) If a landlord to whom the site referred to in section 16 belongs, intends to sell Tenant to be
such site, the tenant at the expense of whom or whose predecessor-in-title, a dwelling house given first
option of
is built thereon shall be given in the manner provided in sub-section (2) of the first option purchasing
of purchasing the site at a value determined by the Tribunal. site on which
he has built
(2) The landlord intending to sell such site shall give notice in writing to the tenant a dwelling
requiring him to state within three months from the date of service of such notice whether house.
he is willing to purchase the site.
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(3) If within the period of three months so specified the tenant intimates in writing to
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the landlord that he is willing to purchase the site, the landlord shall make an application
to the Tribunal for the determination of the value of the site. On receipt of such application
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the Tribunal after giving notice to the tenant and after holding an inquiry shall determine
the value of the site 3[which shall not exceed 20 times the annual rent thereof]. The Tribunal
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may, by an order in writing require the tenant to deposit the amount of value of such site
4
[within one year] from the date of such order. On the deposit of such amount the site shall
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be deemed to have been transferred to the tenant and the amount deposited shall be paid to
the landlord. The Tribunal shall on payment of the prescribed fees grant a certificate in the
prescribed form to such tenant specifying therein the site so transferred and the name of
such tenant.
(4) If the tenant fails to intimate his willingness to purchase the site within the time
specified in sub-section (2) or fails to deposit the amount of the value within the time
specified in sub-section (3) the tenant shall be deemed to have relinquished his right of first
option to purchase the site and the landlord shall then be entitled to evict the tenant either
on payment of such compensation for the value of the structure of such dwelling house as
may be determined by the Tribunal or allow the tenant at his option to remove the materials
of the structure.
(5) Any sale of a site held in contravention of this section shall be null and void.
[17A. (1) If a tenant referred to in section 16 intends to purchase the site on which
5 Tenant's right
a dwelling house is built, he shall give notice in writing to the landlord to the effect. to purchase
site referred to
(2) If the landlord refuses, or fails, to accept the offer and to execute the saledeed in section 16.
within three months from the date thereof, the tenant may apply to the Tribunal for the
1. These words were substituted for the words "a default" by Bom. 13 of 1956, s. 12(1).
2. These words and figures were substituted for the words, brackets and figures "sub-section (1) of section 4",
ibid., s. 12(2).
3. These words and figures were inserted, ibid., s. 13.
4. These words were substituted for the words "within three months", ibid.
5. Sections 17A and 17B were inserted, ibid., s. 14.
16 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
determination of the reasonable price of the land which shall not exceed 20 times the
annual rent thereof; and there upon the provisions for the determination and payment of
the price and the issue of a certificate of purchase contained in the next succeeding section
shall apply thereto.
Tenant to be 17B. 1[(1) On and with effect from such date as the State Government may, by
deemed to
have notification in the Official Gazette, specify, every tenant referred to in section 16 shall be
purchased deemed to have purchased from his landlord the site on which the dwelling house occupied
sites referred by such tenant, was built and the land immediately appurtenant thereto and necessary for
to in enjoyment of the dwelling house free from all encumbrances, at the price to be fixed by the
section 16
from specified Tribunal, being a price not exceeding twenty times the annual rent for the site.]
date.
(3) As soon as may be thereafter, the Tribunal shall publish or cause to be published
a notice in such village within its jurisdiction in which all such sites are situate and shall,
as far as practicable, issue notice to each such landlord and tenant and to any other person
interested in such site to appear before it on the date specified in the notice. The notice
published in a village shall be affixed in the Chavdi or at such public place as the Tribunal
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may direct.
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(4) The Tribunal shall, after giving an opportunity to such landlord, tenant and other
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person interested to be heard and after holding an inquiry, determine the price of the site.
(5) On the determination of the price of the site under sub-section (4), the tenant shall
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deposit the amount of such price with Tribunal—
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. (a) either in lump sum within one year from such date, or
(b) in such instalments not exceeding three with simple interest at the rate of
4½ percent. per annum, and at such intervals during the period not exceeding three years
and on or before such dates.
as may be fixed by the Tribunal and the Tribunal shall direct that the amount deposited in
lump sum or the amount of the instalments deposited at each interval shall be paid in
accordance with the provisions of section 32Q so far as they are applicable.
(6) On the deposit of the amount of the price in lump sum or of the last instalment
of such price, the Tribunal shall, on payment of a prescribed fee, grant a certificate in the
prescribed form, to the tenant declaring him to be the purchaser to the site. Such certificate
shall be conclusive evidence of the sale.
(7) If the tenant fails to pay any instalment on or before the date fixed by the
Tribunal under sub-section (5), the amount of such instalment and the interest thereon shall
be recovered as an arrear of land revenue.
(8) If after holding an inquiry under sub-section (4), the Tribunal is satisfied that the
tenant is not willing to purchase the site, the Tribunal shall issue a certificate to the landlord to
that effect. On the issue of such certificate the landlord shall be entitled to evict the tenant and
dispose of the site in such manner as he may think fit either on payment of such compensation
for the value of the structure of such dwelling house as may be determined by the Tribunal,
or after allowing the tenant, at his option, to remove the materials of the structure:]
1. Sub-section (1) was substituted for sub-section (1) and (2) by Guj. 5 of 1973, s. 5(i).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 17
1
[Provided that the landlord shall not dispose of the site in any manner except by
first giving option of purchasing the same for the price determined by the Tribunal, to
an agricultural labourer, landless person, small holder or a village artisan, who owns no
house site, in the said order of priority and where any site is disposed of without giving
such option such disposal shall be void:
Provided further that the provisions of section 63 shall apply to the disposal of
the site in any manner in a case where the option of purchase is not exercised by any
of the persons mentioned in the first proviso.]
2
[18. The provisions of sections 16, 17, 17A and 17B shall apply— Dwelling
houses of
(a) to the dwelling houses and sites threof occupied by agricultural labourers and agricultural
labourers, etc.
artisans in any village; and
(b) to the lands held on lease in any village by persons carrying on an allied pursuit
for the purpose of such pursuit.]
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19. If a tenant has planted of plants any trees on any land leased to him he shall Tenants
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be entitled to the produce and the wood of such trees during the continuance of his rights to
trees planted
tenancy and shall on the termination of his tenancy be entitled to such compensation by him.
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for the said trees as may be determined by the Mamlatdar:
Provided further that the landlord shall during the continuance of the tenancy if
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the tenancy is terminated by surrender on the part of the tenant:
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Provided further that the landlord shall during the continuance of the tenancy, be
entitled to the rent of the land as if the trees had not been planted.
20. (1) A tenant shall during the continuance of his tenancy be entitled to two- Right to
thirds of the total produce of trees naturally growing on the land the landlord being produce of
naturally
entitled to one-third of the produce of such trees. growing trees.
(2) If there is any dispute regarding the right to the produce of such trees or the
apportionment of such produce as produce as provided under sub-section (1) the tenant
or the landlord may apply to the Mamlatdar. Such applications shall be made in such
from as may be prescribed.
(3) On receipt of such application, the mamlatdar shall, after holding an inquiry,
pass such order thereon as he deems fit.
21. [Sub-letting of land by or on behalf of person in military, naval or air service,
of the Union not to terminate tenancy.] Deleted by Bom. 13 of 1956, s. 16.
22. Notwithstanding anything contained in section 123 of the Bombay Land Tenants
Bom.V of
1879. Revenue Code, 1879, the responsibility for the maintenance and good repair of the responsible for
maintenance of
boundary marks of the land held by the tenant and any charges reasonably incurred on boundary
account of service by revenue officers in case of alteration, removal or disrepair of such marks.
boundary marks shall be upon the tenant.
1. These provisions were added by Guj. 5 of 1973, s.5(ii).
2. Section 18 was substituted for the origional by Bom. 13 of 1956, s. 15.
18 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
Repairs of 23. (1) Notwithstanding any agreement, usage or custom to the contrary, if it
protective appears to the 1[State] Government that the construction, maintenance or repairs of any
bunds.
bunds protecting any land held by a tenant is neglected due to a dispute between the
landlord and the tenant or for any other reason, it may by an order in writing direct that
the construction, maintenance or repairs shall be carried out by such persons as may
be specified in the order and the cost thereof shall be recoverable from the person in
actual possession of the land as arrears of land revenue.
(2) The person from whom the costs are recovered under sub-section (1) shall be
entitled to recover the same or any part thereof from any person who under any agreement,
usage or custom is wholly or partially liable to construct, maintain or repair the bands.
(3) Notwithstanding anything contained in sub-section (1), it shall be lawful for the
tenant of any land, the protective bunds of which are neglected, to construct, maintain
or repair such bunds at his costs and the costs so incurred by him shall on application
made by him to the Mamlatdar be recoverable by him from the landlord according to
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his liability under the agreement, usage or custom. The costs of the proceedings of the
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tenant's application shall also be recoverable from the landlord in case the landlord is
held wholly or partially liable to pay the costs incurred by the tenant for construction,
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maintenance or repairs to the bunds.
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Relief against 24. Where any tenancy of any land held by any tenant is terminated on the ground
termination that the tenant has done any act which is destrnctive or permanently injurious to the land,
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of tenancy in
certain cases. no proceeding for ejectment aganist such tenant shall lie unless and until the landlord
has served on the tenant a notice in writing specifying the act,of destruction or injury
complained of and the tenant fails within a period of one year from the service of notice
to restore the land to the condition in which it was before such destruction or injury.
Relief against 25. 2[(1) Where any tenancy of any land held by any tenant is terminated for
termination of payment of rent and the landlord files any proceeding to eject the tenant, the Mamlatdar
tenancy for
non-payment
shall call upon the tenant to tender to the landlord the rent in arrears together with the
of rent. cost of the proceeding, within 3[three months] from the date of order, and if the tenant
complies with such order, the mamlatdar shall, in lieu of making an order for ejectment,
pass an order directing that the tenancy had not been terminated and thereupon the tenant
shall hold the land as if the tenancy had not been terminated:
4
[Provided that if the Mamlatdar is satisfied that in consequnance of total or partial
failure of crops or similar calamity the tenant has been unable to pay the rent due, the
Mamlatdar may, for reasons to be recorded in writing, direct that the arrears of rent
together with the costs of the proceedings if awarded shall be paid within one year from
the date of the order and that if before the expiry of the said period the tenant fails to
pay the said arrears of rent and costs the tenancy shall be deemed to be terminated and
the tenant shall be liable to be evicted.]
1. This word was substituted for the word "Provincial" by theAdaptation of Laws Order, 1950.
2. Section 25 was renumbered as sub-section (1) of that section by Bom. 33 of 1952, s. 5.
3. These words were substituted for the words "fifteen days" by Bom. 13 of 1956, s. 17 (1).
4. This proviso was added by Bom. 33 of 1952, s. 5(1).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 19
[(2) Nothing in this section] shall apply to any tenant whose tenancy is terminated
1
for non-payment of rent if he has failed for any three years to pay rent 2[and landlord has
given intimation to the tenant to that effect within a period of three months on each default.]
[25A. If any land is mortgaged by a landlord by way of a usufructuary mortgage
3 Tenancy to
to a tenant cultivating such land, the tenancy of such land shall be in abeyance during the be in abeyance
during
period the mortagage subsists. After the expiry of the said period it shall, notwithstanding usufructuary
any other law for the time being in force be lawful to the tenant to continue to hold the land mortgage in
on the terms and conditions on which he held it before the mortgage was created.] favour of
tenant.
26. (1) In the absence of an express intimation in writing to the contrary by a tenant, Receipts
every payment made by a tenant to the landlord shall be presumed to be a payment on account for rent.
of rent due by such tenant for the year in which the payment is made.
4
[(2) When any amount of rent is received in respect of any land by a landlord or by
a person on behalf of such landlord, the landlord or, as the case may be, the person shall at
the time, when such amount is received by him, give a written receipt therefor in such form
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and in such manner as may be prescribed.]
5
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[27. (1) 6[Save as otherwise provided in section 32F no sub-division] or sub-letting Sub-division,
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sub-letting
of the land held by a tenant or assignment of any interest therein shall be valid: and
assignment
Provided that nothing in this sub-section shall prejudicially affect the rights of a
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prohibited.
permanent tenant:
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Provided further that if the tenant dies,−
(i) if he is a member of a joint family, the surviving members of the said family, and
(ii) if he is not a member of a joint family, his heirs,
shall be entitled to partition and sub-divide the land leased subject to the following
conditions :-
(a) each sharer shall hold his share as a separate tenant,
(b) the rent payable in respect of the land leased shall be apportioned among the shares,
as the case may be, according to the share allotted to them,
(c) the area allotted to each sharer shall not be less than the unit which the State
Government may, by general or special order, specify in this behalf having regard to the
productive capacity and other circumstances relevant to the full and efficient use of the land
for agriculture.
1. These brackets, figure and words were substituted for the words "Provided that nothing in this section" by
Bom. 33 of 1952, s. 5(2).
2. These words were substituted for the words and figures "within the period specified in section 14" by Bom.
13 of 1956, s. 17(2).
3. Section 25A was inserted by Bom. 34 of 1951, s. 2.
4. Sub-section (2) was substituted for the original by Bom. 63 of 1958, s. 4.
5. Section 27 was substituted for the original by Bom. 13 of 1956, s. 18.
6. These words, figures and letter were substituted for the words "No sub-division" by Bom. 38 of 1957, s. 8.
20 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(d) if such area is less than the unit referred to in clause (c), the sharers shall be entitled
to enjoy the income jointly, but the land shall not be divided by metes and bounds,
(e) if any question arises regarding the apportionment of the rent payable by the
sharers, it shall be decided by the Mamlatdar, whose decision shall be final.
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for a
tenant,-
(a) who is a widow, minor or a person subject to any physical or mental disability, or
a serving member of the armed forces, to sub-let such land held by her or him as a, tenant;
or
(b) Who is a member of a co-operative farming society and as such member to sub-let,
assign mortgage or to create a charge on his interest in the land in favour of such society, Bom.
e
or in consideration of a loan advanced by any person authorised under section 54 of the XXVIII
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Bombay Agricultural Debtors Relief Act, 1947. of 1947.
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(3) Notwithstanding anything contained in sub-section (1), it shall also be lawful
for a tenant to mortgage or create a charge on his interest in the land in favour of the State
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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
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Non-Agriculturists, Loans Act, 1928, or in favour of a co-operative society in consideration XIX of 1888.
of a loan advanced to him by such co-operative society, and without prejudice to any other XII of 1884.
Bom. III of
remedy open to the State Government or the co-operative society, as the case may be, in 1928.
the event of his making default in payment of such loan in accordaance 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.]
Bar to 28. Save as expressly provided in this Act or as provided in the Bombay Co-operative Bom. VII
attachment, Societies Act, 1925, or the Bombay Agricultural Debtors Relief Act, 1947, for the recovery of 1925.
seizure or sale
by process of of loans permitted under section 27, any interest in the land held by him as a tenant shall Bom.
XXVIII
Court. not be liable to be attached, seized or sold in execution of a decree or order of a Civil Court. of 1947.
Procedure of *29. (1) A tenant or an agricultural labourer or artisan entitled to possession of any
taking possession. land or dwelling house under any of the provisions of this Act may apply in writing for
* Section 4 of Bom. XLV of 1951 reads as under :-
Pending
4. If at the date when this Act comes into force an application under section 29 of the said Act is pending before
applications,
the Mamlatdar or the Tribunal, or an appeal or an application for revision arising out of such application is
appeals, revision
applications not pending before the Collector or the Bombay Revenue Tribunal as the case may be, on such date, such
to be dismissed if application, appeal or applications for revision shall not be dismissed only on the ground that the said
field within period application under section 29 of the said Act was not made within the period of limitation, if it was made
of two year. within the period prescribed by section 29 of the said Act as amended by this Act.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 21
such possession to the Mamlatdar. The application shall be made in such form as may be
prescribed 1[and within a period of two years from the date on which the right to obtain
possession of the land or dwelling house is deemed to have accrued to the tenant, agricultural
labourer or artisan, as the case may be.]
(2) 2[Save as otherwise provided in sub-section (3A), no landlord] shall obtain
possession of any land or dwelling house held by a tenant except under an order of the
Mamlatdar. For obtaining such order he shall make an application in the prescribed form
3
[and within a period of two years from the date on which the right to obtain possession of
the land or dwelling house, as the case may be, is deemed to have accrued to him.]
(3) On receipt of application under sub-section (1) or (2) the Mamlatdar shall, after
holding an inquiry, pass such order thereon as he deems fit:
4
[Provided that where an application under sub-section (2) is made by a landlord in
pursuance of the right conferred on him under section 31, the Mamlatdar shall first decide,
as preliminary issues, whether the conditions specified in clauses (c) and (d) of section 31A
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and sub-sections (2) and (3) of section 31B are satisfied. If the Mamlatdar finds that any of
the said conditions is not satisfied, he shall reject the application forthwith.]
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[(3A) Where a landlord proceds for termination of the tenancy under sub-section (1)
5
of section 43-IB, then, notwithstanding anything contained in this Act, the application for
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possession of the land shall be made to the Collector, who shall, after holding an inquiry in
the prescribed manner, pass such order thereon as he deems fit.]
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(4) Any person taking possession of any land or dwelling house except in (accordance
with the provisions of 6[sub-section (1), (2) or as the case may be, (3A)] shall be liable to
forfeiture of crops, if any, grown in the land in addition to payment of costs as may be
directed by the Mamlatdar or by the Collector and also to the penalty prescribed in section
81.
[29A. The provisions of section 29 shall apply to the sites used for allied pursuits as
7
Provisions of
they apply to the sites of dwelling houses of an agricultural labourer or artisan in regard to section 29 to
taking possession of any land or dewlling house under the provisions of this Act.] apply to sites
used for allied
pursuits.
[30. Save as provided in this Act, the rights or privileges of any tenant under usage
8 Rights and
or law for the time being in force or arising out of any contract, grant, decree or order of a privileges of
tenants not to
court or otherwise howsoever shall not be limited or abridged.] be affected.
1. These words were added by Bom. 45 of 1951, s. 2 (i).
2. These words, brackets, figure and letter were substituted for the words "No landlord" by Guj. 24 of 1965, s. 2 (1).
3. These words were added by Bom. 45 of 1951, s. 2 (ii).
4. This proviso was inserted by Guj. 38 of 1957, s. 9.
5. Sub-section (3A) was inserted by Guj. 24 of 1965, s. 2 (2).
6. These words brackets, figures and letter were substituted for the words, brackets and figures "sub-section (1)
or (2), as the case may be", ibid., s. 2(3).
7. Section 29A was inserted by Bom. 13 of 1956, s. 19.
8. This section was substituted for the original by Bom. 38 of 1957, s. 10.
22 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
CHAPTER III.
1
[Special Rights and Privileges of Tenants and Provisions for
Distribution of Land for Personal Cultivation.]
2
[(I) Termination of tenancy for personal cultivation and non-agricultural use.
Landlord's 31. (1) Notwithstanding anything contained in sections 14 and 30 but subject to
right to
terminate
sections 31A to 31D (both inclusive), a 3[landlord (not being a landlord within the meaning
tenancy for of Chapter III-AA) may] after giving notice and making an application for possession as
personal provided in sub-section (2), terminate the tenancy of any land (except a permanent tenancy),
cultivation and if the landlord bona fide requires the land for any of the following purposes :—
non
agricultural (a) for cultivating personally, or
purpose.
(b) for any non-agricultural purposes.
(2) The notice required to be given under sub-section (1) shall be in writing shall state
the purpose for which the landlord requires the land and shall be served on the tenant on
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or before the 31st day of December, 1956. A copy of such notice shall, at the same time, be
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sent to the Mamlatdar. An application for possession under section 29 shall be made to the
Mamlatdar on or before the 31st day of March, 1957.
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(3) Where a landlord is a minor, or a widow, or a person subject to mental or physical
disability 4[* * *] then such notice may be given 5[and an application for possession
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under section 29 may be made],—
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(i) by the minor within one year from the date on which he attanis majority;
(ii) by the successor-in-title of a widow within one year from the date on which
her interest in the land ceases to exist;
(iii) within one year from the date on which mental or physical disability ceases
to exist; and
6
[ * * * * * ]:
7
[Provided that where a person of such category is a member of a joint family, the
provisions of this sub-section shall not apply if atleast one member of the joint family is
outside the categories mentioned in this sub-seciton unless before th 31st day of March 1958
the share of such person in the joint family has been separated by metes and bounds and the
Mamlatdar on inquiry is satisfied that the share of such person in the land is separated, having
regard to the area, assessment, classification and value of the land, in the same proportion as
the share of that person in the entire joint family property, and not in a larger proportion].
8
[(4) Notwithstanding anything contained in sub-section (3),—
1. This heading was substituted for the original by Bom. 13 of 1956, s. 21.
2. These sections were substituted for the original sections 31 and 32, ibid., s. 22.
3. These words, brackets, figures and letters were substituted for the words "landlord may" by Guj. 24 of 1965,
s. 3 (1).
4. The words "or a serving member of the armed forces" were deleted, ibid., s. 3 (2) (i).
5. These words were inserted by Bom. 38 of 1957, s. 11 (1).
6. Clause (iv) was deleted by Guj. 24 of 1965, s. 3 (2) (ii).
7. This proviso was inserted by Bom. 38 of 1957, s. 11 (2).
8. Sub-section (4) was inseted by Guj. 5 of 1973, s. 6.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 23
(a) the right conferred under the said sub-section (3) on a landlord who is a minor or a
person subject to mental or physical disability shall, after the specified date, be exercisable.
(i) by such landlord, in a case where the period of one year within which such right
may be exercised under sub-section (3) has commenced, within such period of one year or
within a period of six months from the specified date, whichever period expires earlier;
(ii) by the guardian or other legal representative of such landlord, in a case where
the period of one year within which such right may be exercised under sub-section (3) has
not commenced, within a period of six months from the specified date;
(b) the right conferred under the said sub-section (3) on a landlord who was a widow
on the first day of April, 1957 shall after the specified date,—
(i) be exercisable by the widow within a period of six months from the specified
date;
(ii) be exercisable, in a case where the interest of the widow in the land has ceased
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to exist, by reason of her death or otherwise, before the specified date but the period of one
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year within which her successor-in-title is entitled to exercise the right under section 31
has not expired, by the successor-in-title of the widow within a period of one year from the
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date on which her interest in the land ceased or, within a period of three months from the
specified date, whichever period expires earlier;
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(iii) in a case where the interest of the widow in the land ceases to exist on or after
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the specified date, expire on the date on which her interest so ceases to exist.]
31A. The right of a landlord to terminate a tenancy for cultivating the land personally Conditions of
under section 31 shall be subject to the following conditions:— termination of
tenancy.
(a) If the landlord at the date on which the notice is given and on the date on which it
expires has no other land of his own or has not been cultivating personally any other land,
he shall be entitled to take possession of the land leased to the extent of a ceiling area.
(b) If the land cultivated by him personally is less than a ceiling area, the landlord shall
be entitled to take possession of so much area of the land leased as will be sufficient to make
up the area in his possession to the extent of a ceiling area.
(c) The income by the cultivation of the land of which he is entitled to take possession
is the principal source of income for his maintenance.
1
[(d) The land leased stands in the record of rights or in any public record or similar
revenue record on the 1st day January, 1952 and thereafter during the period between the
said date and the appointed day in the name of the landlord himself, or of any of his ancestors
2
[but not of any other predecessor-in-title from whom title is derived, whether by assignment
or Court sale or otherwise] or if the landlord is a member of a joint family, in the name of
a member of such family.]
1. This clause was substituted by Bom. 15 of 1957, s.7.
2. These words were inserted and shall, notwithstanding any decrce or order of a Court, be deemed to have been
inserted with effect on and from the 1st day of August, 1956 by Guj. 16 of 1960, s. 5.
24 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(e) If more tenancies than one are held under the same landlord, then the landlord shall
be competent to terminate only the tenancy or tenancies which are the shortest in point of
duration.
No termination 31 B. In no case a tenancy shall be terminated under section 31—
of tenancy in
contravention
(1) In such manner as will result in leaving with a tenant, after termination less than
of Bom. LXII of
1947 or if tenant half the area of the land leased to him, or
is member of
co-operative (2) in such a manner as will result in a contravention of the provisions of the Bombay
farming Prevention of Fragmentation and Consolidation of Holdings Act, 1947, or in making any
society. part of the land leased a fragment within the meaning of that Act, or
(3) if the tenant has become a member of a co-operative farming society and so long
as he continues to be such member, 1[or]
2
[(4) if the tenants is a member of a scheduled caste or a scheduled Tribe.]
Landlord not 31C. The tenancy of any land left with the tenant after the termination of the tenancy
e
entitled to
under section 31 3[or before the commencement of the Amending Act, 1955, under any other
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terminate
tenancy for law then in force on the ground that the landlord required the land to cultivate personally or
personal for any non-agricultural purpose] shall not at any time afterwards be liable to termination
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cultivation of again on the ground that the landlord bona fide requires that land for personal cultivation.
land left with
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tenant.
Apportionment 31D. If, in consequence of the termination of the tenancy under section 31, any part of
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of rent after the land leased is left with the tenant, the rent shall be apportioned in the prescribed manner
termination
of tenancy for
in proportion to the area of the land left with the tenant.
land left with
tenant. (II) Purchase of land by tenants.
Tenants deemed 32. 4[(1)] On the first day of April, 1957 (hereinafter referred to as "the tiller's day")
to have every tenant shall, 5[subject to the other provisions of this section and the provisions of]
purchased land
on tiller's day. the next succeeding section, be deemed to have purchased from his landlord, free of all
encumbrances subsisting thereon, on the said day, the land held by him as tenant, if—
(a) such tenant is a permanent tenant thereof and cultivates land personally;
(b) such tenant is not a permanent tenant but culfivates the land leased personally; and
(i) the landlord has not given notice of termination of his tenancy under section
31; or
(ii) notice has been given under section 31, but the landlord has not applied to the
Mamlatdar on or before the 31st day of March, 1957 under section 29 for obtaining
possession of the land; 6[or]
1. The word "or" was added by Guj. 5 of 1973, s. 7 (i).
2. Clause (4) was added, ibid., s. 7 (ii).
3. These words and figures were inserted by Guj. 16 of 1960, s. 6.
4. This section was renumbered as sub-section (1) of that section by Bom. 15 of 1957, s. 8.
5. These words were substituted for the words "subject to the provisions right were of " by Bom. 63 of 1958, s. 5 (1).
6. The word "or" was added by Bom. 38 of 1957, s. 12 (1).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 25
[(iii) the landlord has not terminated his tenancy on any of the grounds specified
1
in section 14, or has so terminated the tenancy but has not applied to the Mamlatdar on
or before the 31st day of March, 1957 under section 29 for obtaining possession of the
land:]
Provided that if an application made by the landlord under section 29 for
obtaining possession of the land has been rejected by the Mamalatdar or by the
Collector in appeal or in revision by the 2[Gujarat Revenue Tribunal] under the provision
of this Act, the tenant shall be deemed to have purchased the land on the date on which
the final order of rejection is passed. The date on which the final order of rejection is
passed is hereinafter referred to as "the postponed date"]:
[Provided further that the tenant of a landlord who is entitled to the benefit of
3
the proviso to sub-section (3) of section 31 shall be deemed to have purched the land
on the 1st day of April, 1958, if no separation of his share has been effected before the
date mentioned in that proviso.]
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od
[(1A) (a) Where a tenant, on account of his eviction from the land by the landlord,
4
before the 1st day of April, 1957, is not in possession of the land on the said date but has
aC
made or makes an application for possession of the land under sub-section (1) of section
29 within the period specified in that sub-section, then if the application is allowed by
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the Mamlatdar, or as the case may be, in appeal by the Collector or in revision by the
2
[Gujarat Revenue Tribunal], he shall be deemed to have purchased the land on the date
In
on which the final order allowing the application is passed.
(b) Where such tenant has not made an application for possession within the period
specified in sub-section (1) of section 29 or the application made by him is finally rejected
under this Act, and the land is held by any other person as tenant on the expiry of the
said period or on the date of the final rejection of the application, such other person
shall be deemed to have purchased the land on the date of the expiry of the said period
or as the case may be, on date of the final rejection of the application.]
5
[(1B) Where a tenant who was in possession of land on the appointed day and
who, on account of his being dispossessed of such land or any part there of by the
landlord at any time before the specified date otherwise than in the manner provided
in section 29 or any other provision of this Act is not in possession of such land or any
part there of and such land or part thereof is in the possession of the landlord or his
successor-in-interest on the said date and such land or part there of is not put to non-
agricultural use on or before the said date, then the Mamlatdar shall, notwithstanding
anything contained in the said section 29 or any other provision of this Act either suo motu or
on an application of the tenant made within the prescribed period hold an inquiry and direct
1. This sub-clause was inserted by Bom. 38 of 1957, s.12(2).
2. These words were substituted for the words "Bombay Revenue Tribunal" by the Gujarat Adaptation of
Laws (State and Concurrent Subjects) Order, 1960.
3. This Proviso was added by Bom. 38 of 1957, s. 12(3).
4. Sub-section (1A) was inserted by Bom. 63 of 1958, s. 5(2).
5. Sub-section (1B) was inserted by Guj. 5 of 1973, s. 8.
26 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
that such land or as the case may be, part thereof shall be taken from the possessiom
of the landlord or, as the case may be, his successor in interest, and shall be restored,
to as the tenant; and there after, the provisions of this section and sections 32A to 32R
(both inclusive) shall, so far as they may be applicable, apply there to, subject to the
modification that the tenant shall be deemed to have purchased such land or part there
of on the date on which such land or, as the case may be, part there of is restored to him:
Provided that the tenant shall be entitled to restoration of land or part there of,
as the case may be, under this sub-section only 1[if he gives an undertaking in writing
within such period as may be prescribed] to cultivate it personally and of so much there
of as together with the other land held by him as owner or tenant shall not exceed the
ceiling area:
2
[Provided further that-
(i) if the tenant fails to give such undertaking within such prescribed period, or
if the tenant, after giving such undertaking refuses to accept the tenancy or possession
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of the lands, the land the possession of which the land-lord or, as the case may be, his
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successor-in-interests is not entitled to retain under this sub-section; or
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(ii) if the tenant gives such undertaking and accepts such tenancy or possession
of the land, such portion of the land referred to in clause (i) to the restoration of which
the tenant would not be entitled under the first proviso,
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shall vest in the State Government free from all encumbrances, and shall be disposed of in
In
the manner provided in sub-section (2) of section 32P]
Explanation.- In this sub-section "successor in interest" means a person who
acquires the interest by testamentary disposition or devolution on death.]
3
[(2) Where by custom, usage or agreement or order of a Court, any warkas land
belonging to the landlord is used by the tenant for the purpose of rab manure in connection
with rice cultivation in the land held by him as tenant-
(a) the whole of such warkas land, or
(b) as the case may be, such part there of as the Tribunal may determine in cases
where such warkas land is jointly used by more person than one for the purpose of rab
manure,
shall be included in the land to be deemed to have been purchased by the tenant under
sub-section (1):
Provided that in cases referred to in clause (b) the Tribunal may determine that such
warkas shall be jointly held by persons entitled to use the same, if in the opinion of the
Tribunal, the partition of such warkas land by metes and bounds is neither practicable nor
expedient in the interest of such persons.]
1. These words were substituted for the words "if he undertakes"by Guj. 30 of 1977, s.3 (1).
2. This proviso was inserted, ibid., s. 3(2).
3. This sub-section was inserted by Bom. 15 of 1957, s. 8.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 27
[(3) In respect of the land deemed to have been purchased by a tenant under
1
sub-section (1),-
(a) the tenant shall continue to be liable to pay to the landlord the rent of such
land, and
(b) the landlord shall continue to be liable to pay to the State Government the
dues, if any, referred to in clauses (a), (b), (c) and (d) of sub-section (1) of section 10A,
where the tenant is not liable to pay such dues under sub-section (3) of that section,
until the amount of the purchase price payable by the tenant to the landlord is determined
under section 32H.]
Guj. XVI of 2
[(4) On the date of the commencement of the Bombay Tenancy and Agricultural
1960.
Lands (Gujarat Amendment) Act, 1960, every tenant in the areas within the limit of
e
Bom. XVIII
Municipal borough within the meaning of the Bombay Municipal Borough Act, 1925 or
od
of 1925.
Bom. III of within the limits of municipal district constituted under the Bombay District Municipal
1901. Act, 1901, shall, subject to the other provisions of this Act, be deemed to have purchased
aC
from a landlord free from all encumbrances subsisting there on the said date the land
held by him as tenant as if the said date were the tillers' day:
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Provided that nothing in this sub-section shall apply to land leased by a landlord
and situated within the limits of any such Municipal borough or municipal district,
if such land does not exceed an economic holding and the total annual income of the
landlord including the rent of such land does not exceed ` 1,500 and such land is not
held under a permanent tenancy.
(5) A person eligible to the exemption as provided in the proviso to sub section (4)
shall make an application before the 1st day of July, 1961 to the Mamlatdar for a certificate
as provided in section 88C, and the provision of sub section (2) to (4) of that section shall
apply there to as if the application had been made under section 88C.
(6) The provisions of sections 32S, 32T and 32U shall mutatis mutandis apply to the
termination of tenancy of such land by a landlord holding a certificate under sub -section (5)
and purchase of such land by the tenant there of as if such landlord were a certified landlord
and such tenant were an excluded tenant within the meaning of those sections.]
32A. A tenant shall be deemed to have purchased land under section 32— Tenants
deemed to
have purchased
(1) in the case of a tenant who does not hold any land as owner but holds land as up to
tenant in excess of the ceiling area up to the ceiling area, ceilling area.
1. Sub-section (3)was inserted by Bom. 63 of 1958, s. 5(3).
2. Sub-sections (4), (5) and (6) were inserted by Guj. 16 of 1960, s. 7.
28 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(2) in the case of a tenant who holds land as owner below the ceiling area, such
part of the land only as will raise his holding to the extent of the ceiling area.
When tenants 32B. If a tenant holds land partly as owner and partly as tenant but the area of
not deemed
the land helds as owner is equal to or exceeds the ceiling area, he shall not be deemed
to have
purchased lands. to have purchased the land held by him as a tenant under section 32.
When tenants 32C. If a tenant holds the land separately from more than one landlord, the tenant
entitled to choose
shall, subject to the rules made by the State Government in this behalf, be entitled to
lands to be
purchased. choose the area and the location of the land to be purchased from each of such landlords:
Provided that the area so chosen shall not, as far as may be practicable, be other
than a survey number or a sub-division of a survey number.
When tenants 32D. 1[(1)] If the land held on tenancy is only a fragment, the tenant shall be
deemed
deemed to have purchased such fragment under section 32 notwithstanding anything
e
to have
purchased contained in the Bombay Prevention of Fragmentation and Consolidation of Holding Bom. LXII
od
fragments. Act, 1947. of 1947.
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1
[(2) If the tenancy of the land is attached to a holding or part thereof under section
29A of the Bombay Prevention of Fragmentation and Consolidation of Holding Act, 1947, Bom. LXII
di
the tenant shall notwithstanding anything to the contrary contained in that Act, be deemed, of 1947.
in the circumstances set out in section 32, to have purchased the land held on such tenancy.]
In
Disposal of [32E. The balance of any land after the purchase by the tenant under section 32
2
balance of
shall be disposed of by sale by the Collector in the manner specified in clause (c) of
lands after
purchase by sub-section (2) of section 32P, and there upon the provision of sub-section (5) of section
tenant. 32P shall apply to such sale.]
Right of tenant to 32F. (1) Notwithstanding anything contained in the preceding sections,—
purchase where
landlord is
minor, etc. (a) where the landlord is a minor, or a widow, or a person subject to any mental or
physical disability 3[* * * * *] the tenant shall have the right to purchase such land under
section 32 within one year from the expiry of the period during which such landlord is
entitled to terminate the tenancy under section 31:
[Provided that where a person of such category is a member of a joint family, the
4
provisions of this sub-section shall not apply if atleast one member of the joint family
is outside the categories mentioned in this sub-section unless before the 31st day of
March, 1958 the share of such person in the joint family has been separated by
metes and bounds and the Mamlatdar on inquiry is satisfied that the share
1. Section 32D was renumbered as sub-section (1) of that section and sub-section (2) was added by Bom. 38 of
1957, s. 13.
2. Section 32E was substituted by Guj. 5 of 1973, s. 9.
3. The words "or a serving member of the armed forces" were deleted by Guj. 24 of 1965, s. 4.
4. This Proviso was added by Bom. 38 of 1957, s. 14(1).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 29
of such person in the land is separated, having regard to the area, assessment,
classification and value of the land, in the same proportion as the share of that
person in the entire joint family property, and not in a larger proportion.]
(b) where the tenant is a minor or a widow or a person subject to any
mental or physical disability or a serving member of the armed forces, then
subject to the provisions of clause (a), the right to purchase land under section
32 may be exercised–
(i) by the minor within one year from the date on which he attains majority;
(ii) by the successor-in-title of the widow within one year from the date on
which her interest in the land ceases to exist;
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od
(iii) within one year from the date on which the mental or physical disability
of the tenant ceases to exist;
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(iv) within one year from the date on which the tenant ceases to be serving member
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of the armed forces:
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1
[Provided that where a person of such category is a member of a joint family,
the provisions of this sub-section shall not apply if atleast one member of the joint
family is outside the categories mentioned in this sub-section unless before the
31st day of March, 1958 the share of such person in the joit family has been
separated by metes and bounds and the Mamlatdar on inquiry is satisfied that
the share of such person in the land is separated, having regard to the area,
assessment, classification and value of the land, in the same proportion as
the share of that person in the entire joint family property, and not in a larger
proportion.]
Guj. XVI of 2
[(1A) On and after the date of the commencement of the Bombay Tenancy and
1960. Agricultural Lands (Gujarat Amendment) Act, 1960 (hereinafter referred to in this
sub-section as " the said date"), every tenant who has not exercised his right of
purchase within the period of one year within which it may be exercised under
sub-section (1) shall, if the said period has commenced be deemed to have purchased
the land on the said date, whether the period has expired or not; and if the period
has not commenced, he shall be deemed to have purchased the land on the date on
which the period would have commenced but for the provisions of this sub-section.]
1. This proviso was added by Bom. 38 of 1957, s. 14(1).
2. This sub-section was substituted for the original by Guj. 16 of 1960, s. 8.
30 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(2) The provisions of sections 32 to 32E (both inclusive) and sections 32G to
32R (both inclusive), shall, so far as may be applicable, apply to such purchase.
Tenant in
1
[32FF. (1) Notwithstanding anything contained in the preceding sections, a
possession who person who is a tenant within the meaning of sub-clause (d) of clause (18) of
has surrendered section 2 shall be deemed to have purchased the land in his possession of which
tenancy to be he is the tenant, free from all encumbrances subsisting thereon, on the specified
deemed to have
purchased land
date.
on sepcified
date. (2) The provisions of section 32 to 32E (both inclusive) and sections 32G to
32R (both inclusive) shall, so far as may be applicable, apply to such pruchase.]
Tribunal to 32G. (1) As soon as may be after the tiller's day the Tribunal shall publish
issue notices and
or cause to be published a public notice in the prescribed form in each village
determine price
of land to be within its jurisdiction calling upon–
paid by tenants.
(a) all tenants who under section 32 are deemed to have purchased the lands.
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(b) all landlords of such lands, and
(c) all other persons interested therein,
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to appear before it on the date specified in the notice. The Tribunal shall issue
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a notice individually to each such tenant, landlord and also, as far as practicable,
other persons calling upon each of them to appear before it on the date specified
In
in the public notice.
(2) The Tribunal shall record in the prescribed manner the statement of the
tenant whether he is or is not willing to purchase the land held by him as a
tenant.
(3) Where any tenant fails to appear or makes a statement that he is not willing
to purchase the land, the Tribunal shall by an order in writing declare that such tenant
is not willing to purchase the land and that the purchase is ineffective:
Provided that if such order is passed in default of the appearance of any party
the Tribunal shall communicate such order to the parties and any party on whose
default the order was passed may within 60 days from the date on which the
order was communicated to him apply for the review of the same.
(4) If a tenant is willing to purchase, the Tribunal shall, after giving an
opportunity to the tenant and landlord and all other persons interested in such
land to be heard and after holding an inquiry, determine the purchase price of such
land in accordance with the provisions of section 32H and of sub-section (3) of
Section 63A:
[Provided that where the purchase price in accordance with the provision of
2
section 32H is mutually agreed upon by the landlord and the tenant, the
1. Section 32FF was inserted by Guj. 5 of 1973, s. 10.
2. This proviso was added by Bom. 38 of 1957, s. 15.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 31
Tribunal after satisfying itself in such manner as may be prescribed that the
tenant's consent to the agreement is voluntary may make an order determining
the purchase price and providing for its payment in accordance with such
agreement.]
(5) In the case of a tenant who is deemed to have purchased the land on the
postponed date the Tribunal shall, as soon as may be, after such date determine the
price of the land.
(6) If any land which by or under the provisions of any of the Land Tenures
Abolition Acts referred to in Schedule III to this Act, is regranted to the holder thereof
on condition that it was not transferable, such condition shall not be deemed to affect
the right of any person holding such land on lease created before the regrant
and scuh person shall as a tenant be deemed to have purchased the land under this
section, as if the condition that it was not transferable was not the condition of regrant.
32H. 1[(1) Subject to the additions and deductions as provided in sub- Purchase price
sections (1A) and 1(B), the purchase price shall be reckoned as follows, namely:– and its maxima.
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(i) in the case of a permanent tenant who is cultivating the land personally
the purchase price shall be the aggregate of the following amounts, that is
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to say,–
(a) an amount equal to six times the rent of the land;
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(b) the amount of the arrears of rent, if any, lawfully due on the tiller's
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day or the postponed date;
(c) the amounts, if any, paid by or recovered from the landlord as land
revenue and cesses referred to in clauses (a), (b), (c) and (d) of sub-section
(1) of section 10A, in the event of the failure on the part of the tenant to
pay the same;
(ii) in the case of other tenants, the purchase price shall be the aggregate of the
following amounts, that is to say:–
(a) such amount as the Tribunal may determine not being less than 20
times the assessment and not more than 200 times the assessment.
(b) the value of any structures wells and embankments constructed and
other permanent fixtures made and trees planted by the landlord on the land;
(c) the amount of the arrears of rent, if any, lawfully due on the tiller's
day or the postponed date;
(d) the amounts, if any, paid by or recovered from the landlord as land revenue
and other cesses referred to in clauses (a), (b), (c) and (d) of sub-section (1) of
section 10A, in the event of the failure on the part of the tenant to pay the
same.]
1. This portion was substituted for the original sub-section (1) except the Explanations thereto by Bom.
63 of 1958, s. 6(1).
32 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
1
[Explanation 1].– For the purposes of calculating the price under this sub-
section, the amount of water rate, if any, levied under setion 55 of the Bombay Bom. v
Land Revenue Code, 1879, and included in such assessment, shall be excluded. of 1879.
2
[Explanation 2.– For the purposes of this sub-section, the expression "assessment"
shall have the meaning assigned to it in section 8.]
3
[(1A) Where a tenant to whom sub-sections (1) and (2) of section 10A do
not apply, has, after the commencement of the Bombay Tenancy and Agricultural Bom XIII
of 1955.
Lands (Amendment) Act, 1955, paid in respect of the land held by him as
tenant land revenue and other cesses referred to in sub-section (1) of that
section, on account of the failure of the landlord to pay the same, a sum equal
to the total amount so paid by the tenant until the date of the determination of the
purchase price shall be deducted from the aggregate of the amounts determined under
sub-section (1).
e
(1B) (a) On the amount arrived at in accordance with the proivisions of
od
sub-sections (1) and (1A), there shall be calculated interest at 4½ per cent. per
annum for the period between the date on which the tenant is deemed to have
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purchased the land under section 32 and the date of the determination of the
purchase price.
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(b) (i) The amount of interest so calculated shall be added to, and
(ii) the amount of rent, if any, paid by the tenant to the landlord and the value
of any products of trees planted by the landlord if such products are removed
by the landlord during the said period shall be deducted from, the amount so
arrived at.]
(2) The State Government may, by general or special order, fix different minima
and maxima for the purpose of sub-clause (a) of clause (ii) of sub-section (1)
in respect of any kind of land held by tenants in any backward area. In fixing
such minima and maxima, the State Government shall have regard to the rent
payable for the land and the factors specified in sub-section (3) of section 63A.
Sub-tenant 32-I (1) Where a permanent tenant has sub-let the land held by him, the sub-tenant
of permanent
tenant to be shall, to the extent and subject to the conditions specified in sections 32 to 32E
deemed to have (both inclusive), be deemed to have purchased the land on the tillers' day.
purchased
land.
(2) The purchase price thereof shall be determined in the manner provided
in clause (ii) of sub-section (1) of section 32H.
1. This Explanation was numbered as Explanation (1) by Bom. 15 of 1957, s. 9.
2. This Explanation was added, ibid.
3. Sub-sections (1A) and (1B) were inserted by Bom. 63 of 1958, s. 6 (2).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 33
(3) Out of the purchase price payable by such sub-tenant the amount equal to
six times the rent shall, in lump sum, be payable to the owner and the balance
shall be paid to the permanent tenant.
(4) The provisions of sections 32 to 32H (both inclusive) and sections 32J
to 32R (both inclusive), in so far as they may be applicable, shall apply to the
purchase of the land by such sub-tenant and the payment to be made, to and on
behalf, of the permanent tenant.
32J. [Appeal to State Government against decision of Tribunal] Deleted by
Guj. 36 of 1965, s. 2.
32K. (1) On the determination of the purchase price 1[payable under section Mode of
32H], the tenant,– payment of price
by tenant.
(i) if he is a permanent tenant, shall deposit with the Tribunal the entire
amount of the purchase price within one year from such date as may be fixed
by the Tribunal:
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od
Provided that if the Tribunal is satisfied that such tenant has failed to make
the payment within the time specified for any reason beyond his control, the
Tribunal may extend the period by a period not exceeding one year;
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(ii) if he is not a permanent tenant, shalll deposit with the Tribunal the entire
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amount of the price–
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(a) either in lump sum within one year from such date, or
(b) in such annual instalments not exceeding twelve with simple interest
at the rate of 4½ per cent. per annum on or before such dates as may be fixed
by the Tribunal; and
the Tribunal shall direct that the amount deposited in lump sum or the amount
of instalments deposited shall be paid to the landlord:
2
[Provided that in a case in which the tenant is required to deposit the
amount in lump sum, if the Tribunal is satisfied that such tenant has failed to
deposit the amount within the period specified in sub-clause (a) for any
reason beyond his control, it may extend the period by a period not exceeding
one year:
Provided further that where the period within which the lump sum was to
be paid has expired before the commencement of the Bombay Tenancy and
Guj. XVI Agricultural Lands (Gujarat Amendment) Act, 1960, then notwithstanding the expiry
of 1960.
of the period the Tribunal may extend the period by a period not exceeding
one year from the date of such commencement.]
(2) During any period for which payment of rent is suspended or remitted
under section 13, the tenant shall not be bound to pay the purchase price in
1. This portion was substituted for the words, figures and letter "under section 32G" by Bom. 63 of
1958, s. 7 (1).
2. These provisos were added by Guj. 16 of 1960, s. 9.
34 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
lump sum or the amount of any instalments fixed under this section or any
interest thereon, if any.
1
[ * * * * *]
Purchase price 32L. (1) If a permanent tenant or on his behalf, a sub-tenant fails to deposit
recoverable as the amount of the purchase price as required under section 32K such amount
arrear of land
revenue.
shall be recoverable as an arrear of land revenue.
(2) If a tenant or sub-tenant of a permanent tenant fails to make payment of
any instalment in accordance with the provisions of the foregoing sections and
the default in payment of which does not render the purchase ineffective under
section 32M, the amount of scuh instalment shall also be recoverable as an arrear
of land revenue.
(3) The amount recovered under sub-section (1) or (2) shall be deposited with
the Tribunal.
Purchase to 32M. (1) On the deposit of the price in lump sum or of the last instalment of
be ineffective such price, the Tribunal shall issue a certificate of purchase in the prescribed form,
e
on tenant's to the tenant in respect of the land. Such certificate shall be conclusive evidence
od
failure to pay
purchase price of purchase. If a tenant fails to pay lump sum within the period fixed under
in lump sum clause (ii) of sub-section (1) of section 32K, or is at any time in arreas of four
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or in instalments the purchase shalll be ineffective and the land shall be at the disposal of
instalments the Collector under section 32P and any amount deposited by such tenant towards the
within given
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period. price of the land shall be refunded to him.
2
[(2) In the case of the purchase of any land by a tenant, which before the
In
date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Guj. 36 of
Amendment) Act, 1965 has become ineffective by reason of the failure of the 1965.
tenant to pay the lump sum within the period fixed under clause (ii) of sub-
section (1) of section 32K or the tenant remaining in arrears of four instalments,
if the tenant deposits with the Tribunal within a period of three years from the
date of such commencement the entire amount of the price of the land as fixed
under section 32K or, as the case may be, such portion of the price so fixed as
may have remained unpaid, together with the interest, if any, payable under
section 32K, the purchase of the land shall be deemed not to have become so
ineffective and the Tribunal shall issue a certificate of purchase to the tenant
under sub-section (1).]
3
[(3) Notwithstanding the expiry of the period specified in sub-section (2),
if the tenant of land to which sub-section (2) applies deposits with the Tribunal
within a period of two years after the expiry of the period mentioned in sub-section
(2) the entire amount of the price of the land or, as the case may be, the portion
of the price, together with interest, as specified in the said sub-section (2), the
purchase of the lands shall be deemed not to have become ineffective and the
Tribunal shall issue a certificate of purchase to the tenant under sub-section (1).
(4) In the case of the purchase of any land by a tenant which at any time after
the date of the commencement of the Bombay Tenancy and Agricultural Lands Guj. 36 of
(Gujarat Amendment) Act, 1965 has become ineffective by reason of the 1965.
1. Sub-section (3) was deleted by Bom. 63 of 1958, s. 7 (2).
2. Sub-section (2) was inserted by Guj. 36 of 1965, s. 3.
3. Sub-sections (3) and (4) were inserted by Guj. 15 of 1969, s. 2.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 35
failure of the tenant to pay the lump sum withing the period fixed under clause
(ii) of sub-section (1) of section 32K or the tenant remaining in arrears of four
instalments, if such land has not been disposed of by the Collector in the
manner provided in sub-section (2) of section 32P, then, if the tenant deposits
with the Tribunal within the period of two years after the expiry of the period
mentioned in sub-section (2) the entire amount of the price of the land as fixed
under section 32K, or as the case may be, such portion of the price so fixed as may
have remained unpaid, together with the interest if any, payable under section
32K, the purchase of the land shall be deemed not to have become so
ineffective and the Tribunal shall issue a certificate of purchase to the tenant under
sub-section (1).]
1
[(5) Notwithstanding the expiry of the period specified in sub-section (3)
or (4)–
(a) if the tanant of land to which sub-section (3) or, as the case may
be, sub-section (4) applies and which has not been disposed of by the
Collector in the manner provided in sub-section (7) of section 32P, deposits with
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Guj. 13 of the Tribunal at any time before two months after the commencement of the Bombay
1981. Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981, or
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(b) if the specified tenant of land to which sub-section (3) or, as the case
may be, sub-section (4) applies and which has not been disposed of by the
Collector in the manner provided in sub-section (2) of section 32P, deposits with
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the Tribunal at any time 2[before the date specified from time to time by notification
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in the official Gazatte by the State Government in this regard].
the entire amount of the price of the land or, as the case may be, the unpaid
portion of the price, together with interest, as specified in the said sub-section
(3) and (4), as the case may be, the purchase of the land shall be deemed not
to have become ineffective and the Tribunal shall issue a certificate of purchase
to the tenant or the specified tenant under sub-section (1).
Explanation.–For the purposes of this section and sections 3[32PP, 32PPP and
32QQ] the expression "specified tenant" means a tenant who holds land (whether
as a tenant or owner or otherwise) not exceeding four hectares.]
32N. (1) Where any purchase of land becomes ineffective, the landlord shall Landlord's
be entitled to recover from the tenant the rent of the land as if the land had not right to recover
rent when
been purchased. The amount of rent so recoverable shall be deducted from the purchase
amount, if any, to be refunded to the tenant: becomes
ineffective.
4
[Provided that–
(a) where the amount of rent exceeds the amount, if any, to be refunded to
the tenant, the tenant shall, within three months from the date on which the purchase
becomes ineffective, pay to the landlord the amount of rent so in excess, and
1. Sub-section (5) was substituted by Guj. 13 of 1981, s. 2.
2. These words were substituted for the words and figures "before the end of December 1986" by Guj. 24
of 2011, s. 2(1).
3. These figures, letters and word were substituted for the figures, letters and word " 32PP and 32PPP",
ibid., s. 2 (2).
4 This proviso was added by Guj. 16 of 1960, s. 11.
36 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(b) where the tenant fails to pay the amount in accordance with clause
(a), it shall be recovered from him as an arrear of land revenue and paid to the
landlord.]
(2) If within three months from the date on which the purchase of any land has
become ineffective the landlord fails to refund the tenant the amount paid after
deducting any rent due to him it shall be recovered from him as an arrear of
land revenue and paid to the tenant.
1
[ * * * * * * ]
Power of 32P. (1) Where the purchase of any land by tenant under section 32 becomes
Collector to ineffectives 2[under the foregoing provisions of this sub-chapter] 3[or where the tenant
resume and
dispose of land fails to exercise the right to purchase land under section 43-ID within the period
not purchased specified in that section] 4[* * * *] the Collector may suo motu
by tenant 5[and or on an application made in this behalf and after holding a formal inquiry direct
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appeal against that the land shall be disposed of in the manner provided in sub-section (2).
Collector's
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order.]
(2) 6[Such direction shall, subject to the 7[provisions of sub-sections (2AA)
aC
and (2A)], provide]-
(a) that the tenancy in respect of the land shall be terminated and the
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tenant be summarily evicted:
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8
[ * * * * * ]
(c) that 9[ * * * * * * ] the entire land or such
portion thereof, as the case may be, notwithstanding that it is a fragment, 10[shall,
subject to the terms and conditions as may be specified in the direction he disposed
of by sale] to person in the following order of priority (hereinafter called "the
priority list"):–
1. This section was deleted by Guj. 10 of 2009, s. 3.
2. These words were substituted for the words, figures and letters "under section 32G, or 32M" by Guj.
16 of 1960, s. 13 (1).
3. These words, figures and letter were inserted by Guj. 24 of 1965, s. 5.
4. The words, figure and letters "or where a tenant fails to exercise the right to purchase the land held by
him within the specified period under section 32F or 32–0" were deleted by Guj. 16 of 1960, s. 13 (2).
5. These words were inserted by Guj. 36 of 1965, s. 4 (iv).
6. These words, brackets, figures and letters were substituted for the words "Such direction shall provide"
ibid., s. 4 (i)(a).
7. These words, brackets, figures and letters were substituted for the words, brackets, figures and letter
"provisions of sub-section (2A)" by Guj. 5 of 1973, s. 12 (1) (a).
8. Clause (b) was deleted, ibid., s. 12 (1) (b).
9. The words and figures "if the entire land or any portion thereof cannot be surrendered in accoradance
with the provisions of section 15" were deleted, ibid., s. 12 (1) (c) (i).
10. These words were substituted for the words "shall be disposed of by sale" by Guj. 36 of 1965, s. 4(i) (b).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 37
and conditions as may be specified in the direction be disposed of by sale] to person in the
following order of priority (hereinafter called "the priority list"):-
[(a-i) the tenant whose tenancy in respect of that land is terminated if such tenant is
1
willing to accept the offer of sale, provided the occasion for the issue of such direction has
not arisen by reason of an act of collusion between such tenant and the landlord;]
(i) a co-operative farming society, the members of which are agricultural labourers,
landless persons or small holders or a combination of such persons;
(ii) agricultural labourers;
(iii) landless persons;
(iv) small holders;
(v) a co-operative farming society of agriculturists (other than small holders) who hold
either as owner or tenant or partly as owner and partly as tenant, land less in area than an
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economic holding and who are artisan;
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(vi) an agriculturist (other than small holder) who holds either as owner or tenant or
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partly as owner and partly as tenant, land less in area than an economic holding and who is
an artisan;
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(vii) any other co-operative farming society;
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(viii) any agriculturist who holds either as owner or tenant or partly as owner and partly
as tenant land larger in area than an economic holding but less in area than the ceiling area;
(ix) any person not being an agriculturist, who intends to take to the profession of
agriculture:
[Provided that the State Government may, by notification in the Official Gazette, give,
2
in relation to such local areas as it may specify, such priority in the above order as it
thinks fit to any class of persons who, by reason of the acquisition of their land for any
development project approved for the purpose by the State Government, have been displaced,
and require to be re-settled]:
3
[Provided further that–
(a) where there are two or more co-operative farming societies falling under item
(i), (v) or (vii), preference amongst them shall be given in the following order, namely:-
(1) a co-operative farming society each of the members of which belongs to a
Scheduled Tribe;
(2) a co-operative farming society the membership of which is hold partly by persons
belonging to a Scheduled Tribe and partly by persons belonging to a Scheduled Caste;
1. Item (a-i) was inserted by Guj. 5 of 1973, s. 12(1) (c) (ii).
2. This proviso was added by Bom. 15 of 1957, s. 10.
3. This proviso was added by Guj. 5 of 1973, s. 12 (1) (c) (iii).
38 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(3) a co-operative farming society each of the members of which belongs to a Scheduled
Caste;
(4) a co-operative farming society the membership of which is not solely held by persons
belonging to a Scheduled Tribe or Scheduled Caste;
(b) in the case of persons falling under items (ii), (iii) and (iv) preference shall be given
in the following order, namely:-
(1) a person belonging to a Scheduled Tribe;
(2) a person belonging to a Scheduled Caste;
(3) other persons.]
1
[(2AA) where in any case the direction under sub-section (2) provides that the land in
respect of which the tenancy is terminated shall be disposed of by sale to the tenant referred
to in sub-clause (a-i) of clause (c) of sub-section (2), the tenant shall be liable to be evicted
only if the land or, as the case may be, the portion thereof could not be disposed of by sale
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to him.]
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[(2A) Where the tenancy in respect of any land is terminated under clause (a) of sub-
2
section (2) but the tenant of such land is a co-operative farming society of the type referred
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to in sub-clause (i) of clause (c) of sub-section (2), the direction under sub-section (2) shall
further provide–
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(i) that 3[* * * * * * * ]
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the entire land or such portion thereof, as the case may be, shall be disposed of by sale to the
co-operative farming society which was the tenant of the land or as the case may be, portion
thereof immediately before the termination of tenancy under clause (a) of sub-section (2):
Provided that the total acreage of the land to be so disposed of shall not exceed an area
arrived at by multiplying the ceiling area by the total number of the members of the
co-operative farming society;
(ii) that on the termination of the tenancy under clause (a) of sub-section (2), the
co-operative farming society shall be liable to be evicted only from such portion of the land
as could not be disposed of by sale to it under a direction issued under sub-section (2).]
4
[* * * * * * * ]
(4) 5[Where the land or portion thereof is offered for sale] under sub-section (2) but
no person comes forward to purchase such land or portion, such land or portion, as the case
may be, shall vest in the State Government and the Collector shall determine the price of
such land or portion in accordance with the proivisions of section 63A and the amount of
the price so determined shall, subject to the provisions of section 32Q, be paid to the owner
thereof.
1. Sub-section (2AA) was inserted by Guj. 5 of 1973, s. 12 (2).
2. Sub-section (2A) was inserted by Guj. 36 of 1965, s. 4(ii).
3. The words and figures "if the entire land or any portion thereof cannot be surrendered in accordance with
the provisions of section 15" were deleted by Guj. 5 of 1973, s. 12 (3).
4. Sub-section (3) was deleted, ibid., s. 12(4).
5. These words were substituted for the words "Where any land" or portion thereof cannot be surrendered in
favour of the landlord and where such land or portion is "offered for sale", ibid., s. 12 (5).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 39
(5) Where any land is sold under sub-section (2), the Collector shall determine
the price of the land in accordance with the provisions of section 63A and the price so
determined shall be payable by annual instalments not exceeding six with simple interest
at the rate of 4 1/2 per cent. per annum as the Collector may determine and the price of
the land recovered from the purchaser shall, subject to the provisions of section 32Q, be
paid to the owner thereof.
[(6) On the payment of the last instalment of the price, together with the interest due,
1
the Collector shall issue a certificate of purchase in the prescribed form to the purchaser in
respect of the land. Such certificate shall be conclusive evidence of purchase.
(7) (a) 2[Where, before the specified date, any land has been surrendered to a landlord
under sub-section (2) of this section as in force immediately before such date]; and the
landlord has taken possession of the land, the landlord shall be liable to cultivate the land
personally and shall be entitled to the use and occupation of the land so long as he cultivates
the land personally.
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(b) If he fails to so cultivate the land he shall be evicted from the land and the land
shall be disposed of in accordance with the provisions of section 84C.
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(8) 3[No land of the description referred to in sub-section (7) ] shall be transferred
by sale, gift, exchange, mortgage, lease or assignment or partitioned without the previous
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sanction of the Collector and except on payment of such amount as the State Government
may by general or special order determine.
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(9) Any person aggrieved by any order made by the Collector under the foregoing
provisions of this section may appeal to the State Government against such order.
(10) The State Government shall after giving an opportunity to the parties to be heard,
decide the appeal.
(11) The order of the Collector, subject to such appeal and decision of the State
Government on appeal, shall be final.]
4
[32PP. (1) Notwithstanding anything contained in section 32G and 32P where before Further
the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat opportunity to
Guj. 36 of Amendment) Act, 1965 (hereinafter referred to in this section as "the said date")– tenant to
1965. purchase land.
(i) any land has been at the disposal of the Collector under section 32P on account of
the purchase of the land by the tenant thereof having become ineffective under sub-section
(3) of section 32G by reason of the tenant failing to appear before the Tribunal or making
a statement expressing his unwillingness to purchase the land, and
1. Sub-section (6) to (11) were inserted by Guj. 36 of 1965, s. 4 (iii).
2. These words, brackets and figures were substituted for the words, brackets and figures "were any
land is surrendered to a land lord under sub-section (2)" by Guj. 5 of 1973, s. 12(6).
3. These words, brackets and figure were substituted for the words, brackets and figure "No land surrendered
to a landlord under sub-section (2)", ibid., s. 12 (7).
4. Section 32PP was inserted by Guj. 36 of 1965, s. 5.
40 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(ii) the land so at the disposal of the Collector has not been disposed of in
the manner provided in sub-section (2) of section 32P, the tenant, if he is willing
to purchase the land may an application in writing to the Tribunal within a period
of one year from the said date for a declaration that the purchase has not become
ineffective.
1
[(1A) Notwithstanding the expiry of the period specified in sub-section (1), the Guj. 36
right conferred under that sub-section, may be exercised as if in that sub-section, for of 1965.
Guj. 2 of
the words, brackets and fighres "the Bombay Tenancy and Agricultrual Lands (Gujarat 1971.
Amendment) Act, 1965" the words, brackets and figures "the Bombay Tenancy and
Agricultural Lands (Gujarat Amendment) Act, 1970" were substituted.
(1B)Where an application for a declaration that the purchase has not become
ineffective made by a tenant under sub-section (1) before the comencement of the Guj. 2 of
Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1970 was not 1971.
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admitted by the Tribunal on the ground that the period for making it had expired,
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such tenant shall also be entitled to exercise the right conferred under sub-section
(1) by making an application within the period specified in that sub-section and on
receipt of an application from any such tenant the Tribunal shall admit it as if it
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were an application made within such specified period.]
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[ [(1C) Notwithstanding the expiry of the period specified in sub-section (1) read with
2 3
In
sub-section (1A), the right conferrd under sub-section (1) may be exercised,
(a) by a tenant at any time before two months after the commencement of the Bombay Guj. 13 of
Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981; or 1981.
(b) by a specified tenant at any time 4[before the date specified under clause (b) of
sub-section (5) of section 32M.]
(1D) Where an application for a declaration that the purchase has not become ineffective
made by a tenent under sub-section (1) before the specified date was not admitted by
the Tribunal on the ground that the period for making it had expired,
[(a) such tenant shall also be entitled to exercise the right conferred under sub-section Guj. 13
5
(1) by making an application at any time before two months after the commencement of of 1981.
the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981; or
1. Sub-section (1A) and (1B) were inserted by Guj. 2 of 1971, s. 2.
2. Sub-sections (1C) and (1D) were inserted by Guj. 5 of 1973, s. 13(1).
3. Sub-sections (1C) was subsituted by Guj. 13 of 1981, s. 3 (1).
4. These words brackets, letters and figures were substituted for the words and figures "before the end of
December, 1986" by Guj. 24 of 2011, s. 3.
5. This portion was substituted for the portion begining with the words "such tenant shall" and ending with the
words" for making it" by Guj. 13 of 1981, s. 3 (2).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 41
(b) such tenant being a specified tenant shall also be entitled to exercise the right
conferred in sub-section (1) by making an application at any time 1[before the date specified
under clause (b) of sub-section (5) of section 32M]
and on receipt of an application from any such tenant or specified tenant the Tribunal shall
admit it as if it were an application made within the period specified for making it.]]
(2) On receipt of an application under sub-section (1) the Tribunal shall issue a notice
to the tenant and the landlord calling upon them to appear before it on the date specified in
the notice.
(3) If the tenant appears and makes a statement that he is willing to purchase the land,
the land shall cease to be at the disposal of the Collector under section 32P and the Tribunal
shall determine the purchase price of the land in the manner provided in section 32G as if the
purchase had not been ineffective.
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(4) The provisions of section 32 to 32P and sections 32 Q and 32R shall so far as may
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be applicable apply to the purchase of the land by a tenant under this section.
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(5) In the case of land to which this section applies no action shall be taken under
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section 32P unless the tenant entitled to make an application under this section fails to make
such application within the period specified in sub-section (1).]
2
[Explanation.—Notwithstanding anything contained in any judgment, decree or
order of any court, tribunal or other authority, for the purpose of clause (ii) of sub-section
(1), the land shall not be deemed to have been disposed of till the person entitled to take
possession of the land in pursuance of any direction the person entitled to take possession
of the land in pursuance of any direction issued under sub-section (2) of section 32P takes
actual possession of such land in accoudance with law.]
Guj. 36 of
1965.
3
[32PPP. (1) Notwithstanding anything in sections 32G and 32P where on or after Further
the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat opportunity to
purchase land
Amendment) Act, 1965,—
to tenants whose
purchase
became
(i) any land has been at the disposal of the Collector under section 32P on account ineffective after
of the purchase of the land by the tenant having become ineffective under sub-section (2) commencement
of section-32G by reason of the tenant failing to appear before the Tribunal or making a of Guj. 36 of
1965.
statement expressing his unwillingness to purchase the land, and
1. These words, brackets, letter and figures were substituted for the words and figures "before the end of December,
1986" by Guj. 24 of 2011, s. 3.
2. This Explanation shall be and shall be deemed always to have been added by Guj. 5 of 1973, s. 13(2).
3. Section 32PPP was inserted, ibid., s 14.
42 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
1
[(ii) the land so at the disposal of the Collector has not been disposed of in the manner
provided in sub-section (2) of section 32P—
(a) the tenant, if he is willing to purchase the land may make an application in writing
to the Tribunal before two months after the commencement of the Bombay Tenancy and
Agricultural Lands (Gujarat Amendment) Act, 1981; or Guj. 13 of
1981.
(b) the tenant, if he is a specified tenant and is willing to purchase the land, may make an
application in writing to the Tribunal 2[before the data specified under clase (b) of sub-section
(5) of section 32M]
for a declaration that the purchase has not been ineffective.].
(2) On receipt of an application under sub-section (1) the Tribunal shall issue a notice to the
tenant and the landlord calling upon them to appear before it on the date specified in the notice.
(3) If the tenant appears and makes a statement that he is willing to purchase the land, the
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land shall cease to be at the disposal of the Collector under section 32P and the Tribunal shall
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determine the purchase price of the land in the manner provided in section 32G as if the purchase
has not been ineffective.
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(4) The provisions of section 32 to 32P and sections 32Q and 32R shall so far as may be
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applicable apply to the purchase of the land by a tenant under this section.
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(5) In the case of land to which this section applies no action shall be taken under section
32 P unless the tenant entitled to make an application under this section fails to make such
application within the period specified in sub-section (1).
Explanation.—Notwithstanding anything contained in any judgement, decree or order of
any court, tribunal or other authority for the purpose of clause (ii) of sub-section (1), the land shall
not be deemed to have been disposed of till the person entitled to take possession of the land in
pursuance of any direction issued under sub-section (2) of section 32P takes actual possession
of such land in accordance with law.]
Amount of 32Q. (1) During an inquiry held under section 32G the Tribunal shall determine any
purchase price encubrances lawfully subsisting on the land on the tillers' day.
to be applied
towads
satisfaction of
(2)(a) If the total amount of the encumbrances is less than the purchase price so
debts. determined,—
(i) where the purchase price is paid in lump sum it shall be deducted from the purchase
price and the balance paid to the landlord;
(ii) where the purchase price is made payable in instalments, the Tribunal shall deduct
such amount from such instalments towards the payment of the encumbrances:
1. Clause (ii) was subsituted by Guj. 13 of 1981, s. 4.
2. These wards, brackets, letters and figures were subtituted for the words and figures "before the end of December,
1985" by Guj. 24 fo 2011, s. 4.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 43
Provided that where under any agreement, award, the decree or order of a court or any
law, the amount of the encumbrances is recoverable in instalments, the Tribunal shall deduct
such amount as it deems reasonable from instalments so payable.
(b) If the total amount of encumbrances is more than the amount so determined, the
purchase price in lump sum or the instalments, as the case may be, shall be distributed in
the order of priority. If any person has a right to receive maintenance or alimony from the
profits of the lands, the Tribunal shall also make dedcuctions for payment out of the purchase
price.
(3) If such question involves any question of law regarding the validity of the
1
[encumbrances or the claim] of the holder of the encubrance or any question regarding the
amount due to in respect of the encumbrance, then notwithstanding anything contained in
section 85A, the Tribunal shall in the manner prescribed refer the question for decision to
2
[* * * *] the Civil Judge within the territorial limits of whose jurisdiction the
land is situate. On receipt of such reference the Judge concerned shall, after giving notice
to the parties concerned try the question referred to and record findings thereon and send
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the same to the Tribunal. The Tribunal shall then give the decision in accordance with the
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said findings.
(4) Nothing in this shall affect the rights of holder of any such encumbrances to proceed
aC
to enforce against the landlord his right in any other manner or any other law for the time
being in force.
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3
[32QQ. (1) (a) Where a specified tenant permitted under clause (b) of sub- Deposit or
In
section (5) of section 32M to deposit with the Tribunal at any time 4[before the date payment of
specified under clause (b) of sub-section (5) of section 32M] the entire amount of the purchase
price by State
price of the land or, as the case may be, the unpaid portion of the price, together Government on
with the interest, as specified in sub-section (3) and (4) of section 32M, has failed to behalf of
Guj. Ord.
deposit with the Tribunal such amount before the date of the commencement of the specified tenant.
14 of 1986. Bombay Tenancy and Agricultural Lands (Gujarat Second Amendment) Ordinance, 1986
(hereinafter referred to as "the said date"), the State Government shall, notwithstanding
the expiry of the period specified in clause (b) of sub-section (5) of section 32M,
deposit on behalf of such specified tenant, with the Tribunal within a period of
twelve months from the said date such amount, and on depositing such amount with
the Tribunal, the purchase of land shall be deemed not to have become ineffective
and the Tribunal shall issue a certificate of purchase to the specified tenant under
sub-section (1) of section 32M.
(b) Where a specified tenant permitted under clause (b) of sub-section (1C) or
clause (b) of sub-section (1D) of section 32PP or under sub-clause (b) of clause (ii)
of sub-section (1) of section 32PPP to make at any time 4[before the date specified
under clause (b) of sub-section (5) of section 32M] an application under sub-section
(1) of section 32PP for a declaration that purchase has not become ineffective, fails
to make such application before the end of December, 1986, and the Collector directs under
1. These words were substituted for the words "encumbrance, the claim" by Bom. 38 of 1957, s. 17.
2. The words "the Judge of the Presidency Small Clauses Court, or" were deleted by the Gujarat Adaptation of
Laws (State and Concurrent Subjects) (Third Amendment) Order, 1960.
3. Section 32QQ was inserted by Guj. 8 of 1987, s. 2.
4. These wrds, brackets, letters and figures were substituted for the workds and figures "before the end of
December, 1986" by Guj. 24 of 2011, s. 5.
44 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
sub-section (2) of section 32P that the land in respect of which the tenancy is terminated shall
be disposed of by sale to the specified tenant who is a tenanet refferred to in sub-clause (a-i) of
clause (c) of the said sub-section (2) and the land is disposed of by sale to such specified tenant,
the Collector shall issue a certificate of purchase in the form prescribed under sub-section (1) of
section 32M to such specified tenant who shall be liable to pay to the Collector the price of such
land determined by the Collector under sub-section (5) of section 32P.
(2) The amount deposited with the Tribunal under clause (a) of sub-section (1) or, as
the case may be, the amount of price of land which the specified tenant is liable to pay to the
Collector under clause (b) of sub-section (1) shall be deemed to be the amount of loan granted to
the specified tenant by the State Government on such terms and conditions as may be prescribed
and the amount of loan and interest or any portion thereof shall be recoverable from such specified
tenant as arrears of land revenue.]
Purchaser to be 32R. If at any time after the purchase of the land under any of the foregoing
evicted if he fails provisions, the purchaser fails to cultivate the land personally, he shall unless the Collector
to cultivate
personally. condones such failure for sufficient reasons, be evicted and the land shall be disposed
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of in accordance with the provisions of section 84C.
1
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[(II-A) Termination of Tenancy by landlords, and purchase of land
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by tenants, of lands to which section 88C applies,
Definitions.
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32S. For the purposes of section 32T and 32U—
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(i) 'certified landlord' means a person who holds a certificate issued to him under
sub-section (4) of section 88C; 2[but dose not include a landlord within the meaning of Chapter
III-AA holding a similar certificate]; and
(ii) 'excluded tenant' means a tenant of land to which the provisions of section 32
to 32R (both inclusive) do not apply by virtue of sub-section (1) of section 88C.
Special right 32T. (1) Notwithstanding anything contained in section 31 to 31B (both inclusive) but
of certified subject to the provisions of this section a certified landlord may, after giving notice and making
landlord to
terminate an application for possession as provided in sub-section (3), terminate the tenancy of any land
tenancy for leased by him to an excluded tenant, if he bona fide requires such land for cultivating it personally.
personal
cultivation. (2) (a) The notice may be given and an application may be made by a certified landlord
under sub-section (3), notwithstanding that in respect of the same tenancy any application made
by him in accordance with sub-section (2) of section 31—
(i) is pending before the Mamlatdar or in appeal before the Collector or in revision before
the Gujarat Revenue Tribunal on the date of the commencement of the Bombay Tenancy and Guj.
XVI of
Agricultural Lands (Gujarat Amendment) Act, 1960 (hereinafter referred to in section as "the 1960.
commencement date") or
(ii) has been rejected by the Mamlatdar or in appeal by the Collector or in revision by the
Gujarat Revenue Tribunal before the commencement date.
1. This heading and section 32S, 32T and 32U were inserted by Guj. 16 of 1960, s. 14.
2. These words, figures and letters were inserted by Guj. 24 of 1965, s. 6.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 45
(b) Any such pending application shall be deemed to have abated on the commencement
date.
(3) The notice required to be given under sub-section (1) shall be in writing and shall
be served on the tenant on or before the 31st day of December, 1961 and a copy thereof
shall, at the same time be sent to the Mamlatdar. An application for possession of the land
shall thereafter be made under section 29 to the Mamlatdar on or before the 31st day of
March, 1962:
Provided that where a landlord has applied for a certificate under sub-section (3) of
section 88C within the period prescribed or specified therefor but no certificate has been
issued to him before the 31st day of December, 1961, he may give such notice and make
an application for possession of the land before the expiry of three months from the date on
which a certificate is issued to him under sub-section (4) of section 88C.
(4) Where the certified landlord is of one of the following categories, namely:—
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(a) a minor,
(b) a widow,
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1[* * * * * * *] or
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(d) a person subject to any physical or mental disability,
In
then if he has not given a notice and not made an application as required by sub-section (1)
and (3), such notice may be given and such application may be made—
(A) by the landlord within one year from the date on which—
(i) in the case of category (a) he attains majority;
2[ * * * *]
(iii) in the case of category (d) he ceases to be subject to such physical or mental
disability; and
(B) in the case of a widow, by the successor-in-title within one year from the date on
which the widow's interest in the land ceases to exist:
Provided that where a person of such category is a member of a joint family, the
provisions of this sub-section shall not apply if at least one member of the joint family is
outside the categories mentioned in this sub-section unless the share of such person in the
joint family has been separated by metes and bounds before, 31st day of March, 1958 and
the Mamlatdar on inquiry is satisfied that the share of such person in the land is separated,
having regard to the area, assessement, classification and value of the land, in the same
proportion as the share of that person in the entire joint family property, and not in a larger
proportion.
1. Clause (c) was deleted by Guj. 24 of 1965, s. 7(a).
2. Item (ii) was deleted, ibid., s. 7(b).
46 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(5) The right of a certified landlord to terminate a tenancy under this section
shall be subject to the following conditions, namely:—
(a) that if before the commencement of the Bombay Tenancy and Guj. XVI
Agricultural Lands (Gujarat Amendment) Act, 1960, the landlord has already of 1960.
under section 31 or under any other law then in force terminated the tenancy
of any land held by the same tenant on the ground that he required it for
personal cultivation thereof or for non-agricultural use and take possession,
he shall not be entitled to terminate a tenancy under the provisions of sub-
section (1);
(b) that notwithstanding anything contained in the Bombay Prevention of Bom. LXII
Fragmentation and Consolidation of Holding Act, 1947, the landlord shall be entitled of 1947.
to take possession of the land leased to the extent of half the area thereof:
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Provided that if at date on which the application for possession is made by the
landlord to the Mamlatdar in accordance with sub-section (3) or (4)—
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(i) the landlord has not been cultivating personally any other land or has
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been cultivating personally other land less than half an economic holding, and
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(ii) the tenant has been cultivating and is entitled to continue to cultivate
personally other land exceeding half an economic holding, the landlord shall be entitled
to take possession of the whole of the land leased;
(c) that the land leased stands in the Record of Rights or in any public record
or similar revenue record on the 1 st day of January, 1952 and thereafter until the
commencement date in the name of the landlord himself, or of any of his ancestors
but not of any other predecessor-in-title from whom title is derived by a assignment
or court sale or otherwise, or of a joint family of which the landlord is a member;
(d) that the landlord shall not be entitled to the possession of the land, if an
application under clause (iv) of sub-section (1) of section 88D has been made and has
not been rejected.
(6) The tenancy of any land left with the tenant after the termination of the tenancy
under this section shall not at any time afterwards be liable to termination again on
the ground that the landlord bonafide requires that land for personal cultivation.
(7) If, in consequence of the termination of the tenancy under this section any
part of the land leased is left with the tenant, the rent shall be apportioned in the
prescribed manner in proportion to the area of the land left with the tenant.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 47
32U. (1) Notwithstanding anything contained in sub-section (1) of section 88C, Tenants of lands
but subject to the provisions of this section every excluded tenant holding land from mentioned in
section 88C to
a certified landlord shall except as otherwise provided in sub-section (3), be deemed to be deemed to
have purchased from the landlord on the first day of April 1962, free from all encumbrances have purchased
subsisting thereon on the said day, the land held by him as tenant, if such land is cultivated land and other
by him personally; and incidental
provisions.
(i) the landlord has not given notice of termination of tenancy in accordance
with sub-section (3) of section 32T, or
(ii) the landlord has given such notice but has not made an application
thereafter under section 29 for possession as required by the said sub-section (3), or
(iii) the landlord not being a person of any of the categories specified in
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sub-section (4) of section 32T has not terminated the tenancy on any of the grounds
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specified in section 14 or has so terminated the tenancy but has not applied to the
Mamlatdar on or before the 31 st of March, 1962 under section 29 for possession of
the land:
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Provided that where the landlord has made such application for possession but it
is rejected by the Mamlatdar or in appeal by the Collector or in revision by the Gujarat
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Revenue Tribunal under the provisions of this Act, the tenant shall be deemed to have
purchased the land on the date on which the final order of rejection is passed.
(2) (a) Where a tenant, on account of his eviction from the land by the landlord
before the 1 st day of April, 1962, is not in possession of the land on the said date but
has made or makes an application for possession of the land under sub-section (1)
of section 29 within the period specified in that sub-section, then if the application
is allowed by the Mamlatdar, or as the case may be, in appeal by the Collector or in
revision by the Gujarat Revenue Tribunal, he shall be deemed to have purchased the
land on the date on which the final order allowing the application is passed.
(b) Where such tenant has not made an application for possession within the
period specified in sub-section (1) of section 29 or the application made by him is
finally rejected under this Act, and the land is held by any other persons as tenant on
the expiry of the said period or on the date of the final rejection of the application,
such other person shall be deemed to have purchased the land on the date of the
expiry of the said period or, as the case may be, on the date of the final rejection of
the application.
(3) Where the certified landlord being a person of any of the categories specified
in sub-section (4) of section 32T has not given notice of termination of the tenancy
of an excluded tenant in accordance with sub-section (3) of that section or has given
such notice but has not made an application thereafter under section 29 for possession
48 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
as required by the said sub-section (3) such excluded tenant shall be deemed to have
purchased the land held by him as tenant on the expiry of the period specified in sub-
section (4) of section 32T:
Provided that where the tenancy is terminated and application for possession
is made in accordance with the provisions of sub-section (4) of section 32T but the
application is rejected by the Memlatdar or in appeal by the Collector or in revision
by the Gujarat Revenue Tribunal, the tenant shall be deemed to have purchased
the land on the date on which the final order of rejection is passed.
(4) The provisions of section 32 to 32R shall so far as may be applicable
apply to the purchase of land under this section by an excluded tenant.]
Right of 1[*] tenants 33. (1) Notwithstanding anything contained in this Act or any other law or any
to exchange land. agreement or usage, the 1[* ] tenants holding lands 2 [* * *] as such 1[* ] tenants
may agree and may make an application to the Mamlatdar in the prescribed form for
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the exchange of their tenancies in respect of the lands held by them as 1[*] tenants.
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(2) On receipt of the application, the Mamlatdar after giving notice to the landlord
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concerned and after making an inquiry may sanction the exchange on such terms and
conditions as may be prescribed and may issue certificates in the prescribed form to
the applicants.
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(3) The certificates so issued shall be conclusive of the of such exchange against
the landlords and all persons interested in the lands exchanged.
(4) Each of the two 1[* ] tenants shall on exchange hold the land on the same
terms and conditions on which it was held by the original tenant immediately before
the exchange subject to such modifications as may have been sanctioned by the
Mamlatdar.
3
[(III) Restriction upon holding land in excess of ceiling area.
34. [Maximum land that can be held by a person.] Deleted by Guj. 27 of 1961,
s. 54, Sch. III, Item 1.
Holders of land
4
[34A. Every person holding land in the charge of more than one Village
to furnish Accountant whether as owner or tenant or partly as owner and partly as tenant on the
particulars of 31 st day of March, 1957, shall within the prescribed period furnish in the prescribed
land to
Mamlatdar. manner true particulars of all the land so held by him to each of the Mamlatdar within
whose jurisdiction any piece of such land is situate.]
35. [Provision of section 34 to land, coming into possession of person on gift,
etc.] Deleted by Guj. 27 of 1961, s. 54, Sch. III, Item 2.
1. The word "Protected" was deleted by Bom. 13 of 1953, s. 23 (ii).
2. The word "in the same village" were deleted, ibid., s. 23 (i).
3. This portion was subsituted for sections 34 to 36, ibid., s. 24.
4. This section was inserted by Bom. 38 of 1957, s. 19.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 49
36. If, as a result of any redistribution or transfer of land under the provisions of Fragment in
this Act, any area in excess of the economic holding or ceiling area, which a person is excess of
economic
entitled to hold under this Act is left over as a fragment, the Collector may, [* * * * * *]; holding or
1
permit such fragment to remain with either to the holders of the land, having regard to the ceiling area may
efficient use thereof for agricultural purposes.] be permitted
to remain with
holder.
37. (1) If after the landlord takes possession of the land after the termination of the Landlord
tenancy 2[under section 31] 3[or 32T] he fails to use it for any of the purposes specified in to restore
the notice given under 4[section 31] 3[or 32T] within one year from the date on which he possession if he
fails to cultivate
took possession or cases to use it at any time for any of the aforesaid purposes within twelve within one year.
years from the date on which he took such possession, the landlord shall forthwith restore
possession of the land to the tenant whose tenancy was terminated by him, unless he has
obtained from the tenant his refusal in writing to accept the tenancy on the same terms and
conditions or has offered in writing to give possession of the land to the tenant on the same
terms and conditons and the tenant has failed to accept the offer within three months of the
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receipt thereof.
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[(1A) Notwithstanding anything contained in sub-section (1), where in respect of
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5
any land the possession of which has been taken by the landlord after the termination of
the tenancy under section 31 or 32T, the Mamlatdar Suo motu or on an appliction from any
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person interested in such land has reason to believe that the landlord has failed to use the
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land for any of the purpose specified in the notice given to the tenant under section 31 or
32T, within one year from the date on which he took possession of the land or ceases or
has ceased to use it for the purpose specified in the notice, at any time within twelve years
from the date on which he took possession, or has transferred the land to any other person
and such transfer is inconsistent with the ground on which the tenancy of the land was
terminated, the Mamlatdar shall, after issuing a notice to the landlord or as the case may
be, to the landlord and the transferee both, in the prescribed form to showcause why the
landlord should not be disentitled to retain possession of the land, as the case may be, why
the transfer should not be declared invalid and after holding such inquiry as he deems fit,
declare that the landlord shall not be entitled to retain possesion of the land or, as the case
may be, that the transfer of the land shall be invalid and that the transferee shall be deemed
to be unauthorisedly occupying the land.
(1B) Where in the case of any landlord a declaration has been made under sub-section
(1A) that he shall not be entitled to retain possession of the land such landlord shall forthwith
offer in writing to the tenant whose tenancy was terminated to give possession of the land
on the same terms and conditions on which the tenancy was held before its termination.
1. The words and figures "notwithstanding the restrictions imposed under section 34 and 35" were deleted by
Guj. 27 of 1961, s. 54, Sch. III, Item 3.
2. These words and figures were substituted for the words and figures under section 34" by Bom.13 of 1956,
s. 25(1).
3. These word, figures and letter were inserted by Guj. 16 of 1960, s. 15(1).
4. These word and figures were substituted for the words, brackets and figures "sub-section (1) of section 34"
by Bom. 13 of 1956, s., 25(2).
5. Sub-sections (1A) and (1B) were inserted by Guj. 5 of 1973, s. 15(i).
50 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
If within three months of the receipt of such offer the tenant accepts such offer the landlord
shall forthwith restore possession of the land to the tenant and if within the said period
the tenent refuses in writing or fails to accept the tenancy, the land shall vest in the State
Government free from all encumbrances lawfully subsisting thereon on the dfate of such
vesting.]
(2) After the tenant has recovered possession under sub-section 1[(1) or (1B)] he shall,
subject to the provisions of this Act hold such land on the same terms and conditions on
which he held it at the time his tenancy was terminated.
(3) If the landlord has failed to restore possession of the land to the tenant as
provided in sub-section 1[(1) or (1B)] he shall be liable to pay such compensation
to the tenant as may be determined by the Mamlatdar for the loss suffered by the
tenant on account of eviction.
2
[(4) Where before the commencement of the Amending Act, 1955, a landlord
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in accordance with the provision of this Act as then in force has terminated, the
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tenancy of any land by giving notice to the tenant that he required the land for
cultivating personally or for any non-agricultural purpose and has taken possession
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of the land, whether before or after such commencement, then if he fails to use the
land for the purpose specified in the notice within one year from the date on which
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he took possession or cease to use it for the purpose specified in the notice at any
time within twelve years from the date on which he took possession, the foregoing
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provisions of this section shall, notwithstanding any decree or order of a court or
tribunal, apply to such failure or cessation, as the case may be, as if there had been
a termination of the tenancy 3[under section 31, and where after the termination of
tenancy as aforesaid the land has been tranferred to any person and the transfer
is inconsistant with the ground on which the tenancy of the land was terminated,
the transfer shall be invalid and the person shall be deemed to be unauthorisedly
occupying the land.]
(5) Whereas a failure or cessation referred to in sub-section (4) has taken place before
the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat Guj. XVI
Amendment) Act, 1960, the liability of the landlord under sub-section 1[(1) or (1B)] to restore of 1960.
posssession of the land to the tenant shall commence from that date.]
4
[(5AA) Where in any case the transfer of any land has been declared to be invalid
under sub-section (1A) or (4) and the transferee is deemed to be in unauthorised occupation
of the land, such land shall be deemed to vest in the State Government on and from the date
of such declaration, free from all encumbrances lawfully subsist in thereon on the said date.
1. These brackets, figures, letter and word were substituted for the brackets and figure "(1)" by Guj. 5 of 1973,
s. 15 (ii).
2. These sub-sections were inserted by Guj. 16 of 1960, s. 15(2).
3. These word and figures were substituted for the words and figures "under section 31" and shall be deemed
to have been substituted with effect on and from the 13th December,1960 by Guj. 36 of 1965, s. 6(1).
4. Sub-section (5AA) and (5AB) were inserted by Guj. 5 of 1973, s. 15(iii).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 51
(5AB) Where any land vests or is deemed to vest in the State Government under
sub-section (1B) or (5AA) the State Government shall dispose of such land by granting it
on new and impartible tenure and on payment of occupancy price equal to the reasonable
price determined by the Mamlatdar in accordance with the provisions of section 63A, to
persons or bodies in the order given in the priority list and the encumbrances referred to in
sub-section (1B) or (5AA) shall be paid by the Mamlatdar out of the occupancy price in the
manner provided in section 32Q for the payment of encumbrances out of the purchase price
of the sale of the land, without prejudice to the right of the holder of such encumbrances
to proceed against the person liable for the enforcement of his right in any other manner.
Explanation.- In this sub-section, "new and impartible tenure" means the tenure of
occupancy which is non-transferable and non-partible without the previous sanction of the
Collector.]
1
[(5A)] 2[ * * * * * * * * *]
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1
[(5B)] If the Mamlatdar declares the transfer to be invalid he shall direct 3[ * * * *]
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that the amount of consideration, if any, received by the transferor shall be paid by the transferor
to the transferee within the period specified in the direction.
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[(5C)] If the transferor fails to pay the amount to the transferee within the period so
1
specified, the amount shall be recovered from him as an arrear of land revenue and paid to
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the transferee.
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[(5D)] Nothing in section 84A, 84B, or 84C shall apply to a transfer of land which
1
is invalid under this section.
4
[(6) The provisions of this section shall not apply to a landlord who becomes a
serving member of the armed forces, and on that account, fails to use the land or ceases to
use it, for any of the purposes specified in the notice referred to in sub-section 5[(1) or (1B)]
and within the period specified in that sub-section.]
38. [Circumstances in which landlord shall be deemed to cultivate personally.]
Deleted by Bom. 13 of 1956, s. 26.
39. If at any time the tenant makes an application to the Mamlatdar and satisfies Application
him that the landlord has failed to comply within a reasonable time with the provisions of for recovery of
section 37, the tenant shall be entitled on a direction by the Mamlatdar to obtain immediate possession by
tenant.
possession of the land and to such compensation as may be awarded by the Mamlatdar, for
any loss caused to the tenant by eviction and by failure on the part of the landlord to restore
or give possession of the land to him as required by section 37.
1. Sub-sections (6) to (9) shall be and shall be deemed to have been inserted with effect on and from the 13th
December, 1960, by Guj. 36 of 1965, s. 6(2) and were renumbered as sub-sections (5A to 5D) with effect on
and from the date on which they were inserted by Guj. 15 of 1969, s. 3.
2. Sub-section (5A) was deleted by Guj. 5 of 1973, s. 15 (iv).
3. The words "that the land shall be restored to the possession of the transferor and" were deleted, ibid., s. 15(v).
4. Sub-section (6) was inserted by Guj. 24 of 1965, s. 8.
5. These brackets, figures, letter and word were substituted for the brackets and figure "(1)" by Guj. 5 of 1973,
s. 15 (vi).
52 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
Continuance 1
[40. (1) Where a tenant (other than a permanent tenant) dies, the landlord shall be
of tenancy deemed to have continued the tenancy on the same terms and conditions on which such
on death of
tenant was holding it at the time of his death, to such heir or heirs of the deceased tenant as
tenant.
may be willing to continue the tenancy.
(2) Where the tenancy is inherited by heirs other than the widow of the deceased
tenant, such widow shall have a charge for maintenance on the profits of such land.]
Compensation 41. (1) A [ * * * ] tenant who has made an improvement on the land held by him shall
2
for improvement if his tenancy is terminated under the provisions of this Act, be entitled to compensation for
made by tenant. such improvement. For determining the amount of the compensation the tenant shall apply to
the Mamlatdar in the prescribed form.
(2) The compensation to which a tenant shall be entitled under sub-section (1) shall
be the estimated value of such improvement at the time of the termination of his tenancy.
In estimating such value regard shall be paid to–
(a) the amount by which the value of the land is increased by the improvement;
(b) the present condition of the improvement and the probable duration of its effects;
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(c) the labour and capital provided or spent by the tenant for the making of the
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improvement; and
(d) any reduction or remission of rent or other advantage allowed to the tenant by the
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landlord in consideration of the improvement 3[including permanent fixtures.]
Tenant's right 42. A 2[ * * * ] tenant shall be entitled to erect a farm-house on the land held by
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to erect farm him as a 2[ * * * ] tenant.
house.
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Restriction on
4
[43. 5
[(1) No land or any interest therein purchased by a tenant under section
transfers of 17B, 32, 32F, 32-I. 6[*], 7[32U, 43-1D or 88E] or sold to any person under section 32P or
land purchased 64 shall be transferred or shall be agreed by an instrument in writing to be transferred, by
or sold under sale, gift, exchange, mortgage, lease or assignment, without the previous sanction of the
this Act. Collector and except in consideration of payment of such amount as the State Government
may by general or special order determine; and no such land or any interest, therein shall
be partitioned without the previous sanction of the Collector]:
8
[Provided that no previous sanction of the Collector shall be required, if the partition
of the land is among the members of the family who have direct blood relation or among
the legal heirs of the tenant:
Provided further that the partition of the land as aforesaid shall not be valid if it is
made in contravention of the provisions of any other law for the time being in force:
Provided also that such members of the family or the legal heirs shall hold the land,
after the partition, on the same terms, conditions and restrictions as were applicable to such
land or interest therein purchased by the tenant or the person.]
9
[(1A) The sanction under sub-section (1) shall be given by the Collector in such
circumstances and subject to such conditions, as may be prescribed by the State Government.]
1. This section was substituted for the original by Bom. 13 of 1956, s. 27.
2. The word "protected" was deleted, ibid., s.28.
3. These Words were inserted, ibid.
4. This section was substituted for the original, ibid., s. 29.
5. This sub-section was substituted by Guj. 30 of 1977, s. 4(1).
6. The figuure and letter "32-O" were deleted by Guj 10 of 2009, s. 4 (1).
7. These figures,letters and word were substituted for the figures, letters and word "32U, or 43-1D" by
Guj. 21 of 1987, s.2.
8. These provisons were added by Guj. 10 of 2009, s.4 (2).
9. Sub-section (1A) was inserted by Guj. 15 of 1969, s. 4.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 53
[ [ [(1AA )] Notwithstanding anything contained in sub-section (1), it shall be lawful
1 2 3
for such tenant] or a person to mortgage or create a charge on his interests in the land in
favour of the State Government in consideration of a loan advanced to him by the State
XIX of 1983. Government under the Land Improvement Loans Act, 1983, the Agriculturists'Loans Act,
XII of 1983. 1984, or the Bombay Non-agriculturists'Loans Act, 1928, as in force in the State of Gujarat,
Bom. III of or in favour of a bank or co-operative society, and without prejudice to any other remedy
1928.
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 proceeds to
be applied in payment of such loan.
28 of 1955. 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;
(b) any subsidiary bank as defined in clause (k) of section 2 of the State Bank
38 of 1959.
of India (Subsidiary Bank) 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;
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(d) the Agricultural Refinance and Development Corporation, established under
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10 of 1963.
the Agricultural Refinance and Development Corporation Act, 1963.]
(1B) Nothing in sub-section (1) 4[or(1AA)] shall apply to land purchased under section
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32, [32 F or 64] by a permanent tenant thereof, if prior to the purchase, the permanent
5
tenant, by usage custom, agreement or decree or order of a court, held a tranferable right in
the tenancy of the land.]
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6
[(1C) The land to which sub-section (1) applies and for which no permission is required
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under sub-section (1) of section 65B of the Bombay Land Revenue Code, 1879 for use of
such land for a bonafide industrial purpose may, notwithstanding anything contained in
sub-section (1) of this section, be sold without the previous sanction of the Collector under
sub-section (1) but subject to payment of such amount as may be determined by the State
Government under sub-section (1).]
(2) 8[Any transfer or partition, or any agreement of transfer, or any land or any interest
therein] in contravention of sub-section (1) 7[or sub-section (1C)] shall be invalid.]
9
[CHAPTER III-AA.
special provisions for termination of tenancy by landlords who
are or have been serving members of the armed forces and
for purchase of their lands by tenants.
43-1A. In this Chapter, unless the context requires otherwise, 'landlord' a landlord Definition.
(including a certified landlord within the meaning of section 32S) who is, or has ceased to
be, a serving member of the armed forces; and in relation to the land of a landlord who is
dead, includes his window, son, son's son, unmarried daughter, father or mother.
43-1B. (1) Notwithstanding anything contained in the foregoing provisions of this Act, Right of
landlord to
but subject to the provision of this section, it shall be lawful to a landlord at any time after the terminate the
tenancy.
1. These sub-sections were inserted by Guj. 16 of 1960, s. 16(2).
2. This Sub-section was substituted by President's Act No. 37 of 1976, s. 2(i).
3. Sub-section (1A) inserted by Guj.16 of 1960 was renumbered as sub-section (1AA) by Guj. 30 of 1977, s. 4(2).
4. These words, brackets, figure and letters were substituted for word, brackets, figure and letter "or (1A)" by
President's Act No. 37 of 1976, s. 2(ii).
5. These figures , letters and word were substituted for the figures letters, and words "32F,32-0 or 64" by Guj.
10 of 2009, s. 4(3).
6. sub-section (1C) was inserted by Guj.7 of 1997, s. 2(1).
7. These word, brackets and figure were inserted, ibid., s.2(2).
8. These words were substituted for the words "Any transfer of partition of land" by Guj. 30 of 1977, s. 4(4).
9. Chapter III-AA was inserted by Guj. 24 of 1965, s. 10.
54 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965,
(to terminate the tenancy of any land and obtain possession there of, but— Guj. 24
of 1965.
(a) of so much of such land as will be sufficient to make up the total land in his actual
possession equal to the ceiling area; and
(b) where the landlord is a member of a joint family, only to the extent of his share in
the land (not exceeding the ceiling area) held by the joint family:
Provided that the Collecter on inquiry is satisfied that such share has (regard being
had to the area, assessment, classification and value of land) been separted by metes and
bounds in the same proportion as his share in the entire joint family property and not in a
larger proportion.
(2) No tenancy of any land shall be terminated under sub-section (1), unless a notice
in writing is given to the tenant, and an application for possession under sub-section (3A)
of section 29 is made to the Collector:
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Provided that in the case of a landlord ceasing to be a serving member of the armed
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forces or dying while being or after ceasing to be such member, whether before or after the Guj. 24
the commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, of 1965.
1965, such notice shall be given and such application be made not later than the date of the
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expiry of a period of two years—
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(a) from the date of such cessor or as the case may be, death, or
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(b) From the date of the commencement of the Gujarat Tenancy Law (Defence Personnel) Guj. 24
of 1965.
(Amendment) Act, 1965.
whichever event occurs later.
(3) Nothing in this Chapter shall—
(a) apply to a tenancy of land created (after obtaining possession there of under the
provision of this Chapter) by a landlord who has ceased to be a serving member of the armed
forces;1[* * *]
(b) entitle a landlord who has ceased to be a serving member of the armed forces (as
a result of his being duly dismissed or discharged after a court martial or on account of bad
character or as a result of desertion) or who has not been attested, to terminate the tenancy
of his land under this section.
(4) Nothing in the Bombay Prevention of Fragmentation and Consolidation of Holdings Bom. LXII
of 1947.
Act, 1947, shall affect the termination of any tenancy under this Chapter.
Transfer of 43-1C All proceedings for recovery or restoration of possession of land filed under
pending section 31 or 32T by a landlord pending immediately before the commencement of the
proceedings to Gujarat Tenancy law (Defence Personel), (Amendment) Act, 1965, before a Mamlatdar
Collector and Guj. 24
State shall (subject to any rules made as respects such transfer or any matter incidental thereto) on of 1965.
Government. such commencement, stand transferred to the Collector, and all such proceeding pending in
appeal before the Collector or in revision before the Gujarat Revenue Tribunal shall likewise
stand transferred to the State Government; and such proceeding shall be deemed to have
1. Thses words, figures and letter were deleted by Guj. 10 of 2009, s.5.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 55
been instituted for restoration of the land before the Collector under section 43-1B, or as
the case may be, pending in revision before land the State Government under section 73 A
and be disposed of accordingly.
43-1D. (1) Notwithstanding anything contained in the foregoing provisions of this Right of
tenant to
Act, or any law, agreement, custom or usage to the contrary, but subject to the provisions of
purchase land
this section a tenant holding land from a landlord shall, subject to the provisions of section from landlord.
32A, be entitled to purchase from the landlord—
(a) where the landlord fails to make an application as required by section 43-1B, the
land so held by him, and
(b) in any other case, such part of the land held by the tenant as is left with him after
the termination of tenancy under section 43-1B.
(2) The right to purchase land under sub-section (1) shall be exercised within one year
from the date on which possession of the land is obtained by the landlord in pursuance of the
provision of section 43-1B; or as the case may be, from the date of the expiry of the period
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referred to in the proviso to sub-section (2) of section 43-1B; and intimation of exercise of
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the right shall be sent to the landlord and the Tribunal in the prescribed manner within the
period aforesaid.
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(3) The provision of section 32 to 32E (both inclusive) and section 32G to 32N (both
inclusive) and sections 32P, 32Q and 32R shall apply to the purchase of the land by a tenant
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under sub-section (1) as those provisions apply in relation to the purchase of land under
section 32.
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43-1E. Nothing in this Chapter shall apply in relation to land which before the Savings.
commencement of the Gujarat Tenancy law (Defence Personnel) (Amendment) Act, 1965,
Guj. 24 of
1965. is purchased by any tenant under the provisions of Chapter III].
1
[CHAPTER III-A.
special provisions for land held on lease by industrial or commercial
undertaking and by certain persons for the cultivation of
sugarcane and other notified agricultural produce.
43A. (1) The provision of sections 4B, 8, 9, 9A, 9B, 9C, 10, 10A, 14, 16, 17, 17B, Some of the
provisions not
18, 27, 31 to 31D (both inclusive), 32 to 32R (both inclusive), 2[ * * *] 43, 63, 3[63A and to apply to
64] shall not apply to— leases of
land obtained
(a) 4[land leased to or held by] any industrial or commercial undertaking (other than by industrial
or commercial
a Co-operative Society) which in the opinion of the State Government bonafide carries on undertaking,
any industrial or commercial operations and which is approved by the State Government; certain co-
operative
(b) lease of land granted to any bodies or persons other than those mentioned in clause societies or for
cultivation of
(a) for the cultivation of sugarcane or the growing of fruits or flower or for the breeding of sugarcane or
livestock; fruits or
flower.
1. Chapter III-A and III-B were inserted by Bom. 13 of 1956, s. 30.
2. The figures "34, 35" were deleted by Guj. 27 of 1961, s. 54, Sch. III, Item 4.
3. These figures, letter and word were substituted for the figures, letter and word "63 A , 64 and 65" by Guj. 10
of 2009, s.6.
4. These words were substituted for the words "leases of land grant or for the benefit of" by Bom. 38 of 1957, s. 20(1).
56 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(c) to lands held or leased by such co-operative societies as are approved in the prescribed
manner by the State Government which have for their object the improvement of the economic
and social condition of peasants or ensuring the full and efficient use of land for agriculture
and allied pursuits.
(2) The State Government may by notification in the Official Gazette in this
behalf direct that the provisions of the said sections shall not apply to a lease of
land obtained by any person for growing any other class of agricultural produce
to which it is satisfied that it will not be expedient in the public interest to apply
the said provisions. Before the issue of such notification, the State Government
shall direct an inquiry to be made by an officer authorised in this behalf by the State
Government and shall give all persons who are likely to be affected by such notification,
an opportunity to submit their objections.
(3) Notwithstanding anything contained in sub-section (1) and (2), it shall be
lawful for the State Government to direct, by notification in the Official Gazette
that the lease 1[or lands, as the case may be,] to which the provisions of sub-section
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(1) and (2) apply, shall be subject to such conditions as may be specified in the
notification, in respect of —
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(a) the duration of the lease;
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(b) the improvements to be made on the and the formation of co-operative farming
societies for that purpose and financial assistance to such societies;
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(c) the payment of land revenue, irrigation cess, local fund cess and any other charge
payable to the State Government or any local authority;
(d) any other matter referred to in sections mentioned in sub-section (1).
Reasonable 43B. Notwithstanding any agreement, usage, decree or order of a court or any other
rent of
authority, in the case of any land to which section 43A applies, the rent payable shall be
land to
which section reasonable rent as determine under the following clauses :—
43A applies.
(1) A landlord or a tenant of such land may make an application in writing to the
Mamlatdar for the determination of the reasonable rent in respect of such land.
(2) On receipt of such application, the Mamlatdar shall give notice thereof to the party
to the lease after holding an inquiry shall determine the reasonable rent.
(3) In determining the reasonable rent regard shall be had to the following factors:—
(a) profits of agriculture of similar lands in the locality.
(b) prices in the locality of the particular crop for the groving of which the land is
leased,
1. These words were inserted by Bom. 38 of 1957, s. 20 (2).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 57
(c) the improvements made in the land by the lessee or the landlord.
(d) the assessement payable in respect of land.
(e) the profits realised by the lessee on account of the lease of the land.
(f) profit earned by an industrial or commercial undertaking by the manufacure or sale
of articles made out of the produce or the land leased.
(g) such other factors as may be prescribed.
(4) The reasonable rent determined by the Mamlatdar under clause (2) shall, with
effect from 1[the date specified by the mamlatdar] in that behalf, be deemed to be the rent
fixed under the lease in lieu of the rent, if any, agreed between the parties.
CHAPTER III-B
Special Provisions in resptect of areas within the limits
of a Municipality or a Cantonment.
43C. Nothing in sections 32 to 32R (both inclusive) and 43 shall apply to lands in the Certain provisions
[areas withc on the date of the coming into force of the Amending Act, 1955 are within not to apply
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2
to municipal
the limits of] :–
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or cantonment
areas.
3
[ * * * *]
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(b) a municipal corporttion constituted under Bombay Provincial Municipal
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Bom. LIX.
Corporations Act, 1949.
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of 1949.
4
[ * * * *]
(e) a cantonment, or
Bom. XXV. (f) any area included in a Town Planning Scheme under the Bombay Town Planning
of 1955. Act, 1954:
Provided that if any person has acquired any right as a tenant under this Act on or after
Bom. XXX.
the 28th December, 1948, the said right shall not be deemed to have been affected by the
of 1952. Bombay Tenancy and Agricultural Lands (Amendement) Act, 1952, or (save as expressly
provided in section 43D) by the amending Act, 1955, notwithstanding the fact that either
of said Act has been made applicable to the area in which such land is situate.
43D. (1) In the areas 5[to which section 43C applies] notwithstanging anything contained Termination
in section 31 to 31D (both inclusive) a landlord may terminate the tenancy of a tenant (other of tenancy.
than a permanent) in respect of any land with effect from the 31st day of May of any year by
giving the tenant three months notice in writing, if the landlord bona fide requires the land
for any non-agricultural purpose:
1. These words were substituted for the words "the date of the order of the Collector made" by Bom.38 of 1957,
s. 21.
2. These words shall be and shall be deemed always to have been substituted with effect on and from the 1st
August, 1956 for the words "areas within the limits of" by Guj. 36 of 1965, s. 7.
3. Clause (a) was deleted by the Gujarat Adapation of laws (State and Concurrent subjects) (Third Amendment)
Order, 1960.
4. Clause (c) and (d) were deleted by Guj. 16 of 1960, s. 17.
5. These words, figures and letter were substituted for the words, figures and letter "specified in section 43C",
ibid., s. 18.
58 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
Provided that the three months' period of such notice shall expire before the 31st day
of May of such year.
(2) The provisions of sections 29, 37 and 39 shall mutatis mutandis apply to the
termination of the tenance of a tenant in respect of any land under sub-section (1).
1
[* * * * *]]
CHAPTER IV.
Management of Estates held by Landholders.
Power to 44. Notwithstanding any law for the time being in force, usage or costom or the
assume terms of contract or grant, when the 2[State] Government is satisfied that on account of the
management neglect of a landholder or disputes between him and his tenants the cultivation of his estate
of land holder's
has seriously suffered, or when it apeears to the 2[State] Government that it is necessary
estate.
[for the said purpose or for the purpose of] ensuring the full and efficient use of land for
3
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agriculture to assume management of any land holder's estate, a notification announcing
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such intention shall be published in the Official Gazette, and the Collector shall cause notice
of the substance of such notification to be given at convenient places in the locality where
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the estate is situted. Such notification shall be conclusive.
Vesting of 45. 4[(1)] On the publication of the notification under section 44, the estate in respect
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estate in of which the notification has been published shall, so long as the management continues,
management.
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vest in the [State] Government. Such management shall be deemed to commence from
2
the date on which the nofification is published and the 2[State] government shall appoint a
manager to be in charge of such estate.
[(2) Notwithstanding the vesting of the estate in the state Government under sub-
5
section (1), the tenant holding the lands on lease comprised in the estate shall, save as
otherwise provided in this Chapter, continue to have the same right and shall be subject to
the same obligations, as they have or are subject under the preceding Chapter in respect of
the lands held by them on lease.]
Effect of 46. On the publication of the notification under section 44, the following
declaration of consequences shall ensue :–
management.
(1) all proceeding then pending in any Civil Court in respect to the debts and
liabilities enforceable against the estate shall be stayed; and the operation of all processes,
executions and attachments then in force for or in respect of such debts and liabilities shall
be suspended;
1. Sub-section (3) was deleted by the Gujarat Adaption of laws (State and Concurrent Subjects) (Third Amandement)
Order, 1960.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3. These words were substituted for the words for the purpose of improving the economic and social condintion
of peasants or" by Bom. 33 of 1952, s. 11.
4. Section 45 was renumbered as sub-section (1) of that section, ibid., s. 12.
5. Sub-section (2) was added, ibid.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 59
(2) So long as the management continues no fresh proceedings, processes, executions
or attachment shall be instituted in or issued, enforced or executed by any Civil Court in
respect of such debts and liabilities;
(3) so long as the management continues the holder of the estate shall be incompetent–
(a) to enter into any contract involving the estate in pecuniary liability.
(b) to mortgage, charge, lease or alienate the property under management or any part
thereof, or
(c) to grant valid receipts for the rents and profits arising or accruing therefrom:
Provided that nothing contained in this section shall be deemed to preclude the
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Manager from letting and the holder from taking the whole or a part of such estate on
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such terms consistent with this Act as may be agreed upon between the parties;
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(4) so long as the management continues, no person other than the Manager shall be
competent to mortgage, charge, lease or alienate such estate or any part therof.
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47. (1) The Manager shall during the management of the estate have all the powers Manager's
which the holder thereof might as such have exercised and shall receive and recover all powers.
rents and profits due in respect of the property under management.
(2) For the purposes of recovering such rents and profits the Manager shall have, in
addition to any powers possessed by the holder, all the powers possessed by the Collector
under the law for the time being in force for securing and recovering land revenue due to
Government.
48. (1) From the sums received or recovered under section 47, the Manager shall Manager to
pay– pay costs of
management,
(i) the costs of management including the costs of necessary repairs; etc.
(ii) the Government revenue and all debts and liabilities for the time being, due or
incurred to the 1[Government] in respect of the property under management;
(iii) the rent, if any, due to any superior holder in respect of the said estate;
(iv) such periodical allowance as the Collector may from time to time fix for the
maintenance and other expenses of the holder and of such members of his family as the
Collector directs;
1. This words was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
60 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(v) the costs of such improvements of the said estate as he thinks necessary and as
approved by the Collector.
(2) The residue shall be retained by the Manager for the liquidation, in the manner
hereinafter provided, of the debts and liabilities other than those mentioned in sub-section (1)
and also for the repayment, either before or after the liquidation of such debts and liabilities,
of any loan received from Government by the Manager udner this Act. The balance, if any,
shall be paid to the holder.
Notice to 49. On the publication of the order of management, the Manager shall publish in the
claimants. Official Gazette, a notice calling upon all persons having claims against the estate under
management to notify the same in writing to such Manager within two months from the date
of the publication. He shall also cause copies of such notice to be exhibited at such several
places as he thinks fit.
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Claim to 50. (1) Every such claimant shall, alongwith his claim, present full particulars thereof.
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contain full
particulars.
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(2) Every document on which the claimant finds his claim, or on whcih he relies in
support therof, shall be delivered to the Manager alongwith the claim.
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(3) If the document be an entry in any book, the claimant shall produce the book to
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the Manager, together with copy of the entry on which he relies. The Manager shall mark
the book for the purpose of identification, and, after examining and comparing the copy
with the original shall return the book to the claimant.
(4) If any document in possession or under the control of the claimant is not delivered
or produced by him to the Manager alongwith the claim, the manager may refuse to receive
such document in evidence on the claimant's behalf at the investigation of the case.
Claim 51. Every such claim other than the claim of the 1[Government] not informed to the
not duly Manager within the time and in the manner required by such notice shall, except as provided
notified to
hereinafter, be deemed for all purposes and on all occasions, whether during the continuance
be barred.
of the management or afterwards, to have been duly discharged:
Provided that when proof is made to the Manager that the claimant was unable to
comply with the provisions of section 49, the Manager may receive such claim within the
further period of two months from the expiration of the original period of two months.
Determination 52. The Manager shall inquire into the history and merits of every claim received
of debts and under preceding sections and shall in accordance with the rules to be made under this Act
liabilities.
determine the amount of the debts and liabilites, if any, justly due to the several claimants.
1. This word was substituted for the "Crown" by the Adaptation of Laws Orders, 1950.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 61
53. If such amount cannot be paid at once, the Manager shall then proceed to rank Power to rank
such debts and liabilities according to the order in which they shall be paid, and to fix the debts and fix
interest.
interest, if any, to be paid thereon, respectively from the date of the final decision thereon,
to the date of the payment and discharge thereof.
54. When the total amount of the debts and liabilities including those due and incurred Scheme for
to the 1[Government] has been finally determined, the Manager shall prepare and submit liquidation.
to the Collector a schedule of such debts and liabilities, and a scheme (hereinafter called
the liquidation scheme) showing the mode in which it is proposed to pay and discharge the
same, whether from the income of the property under management, or with the aid of funds
raised under the powers hereinafter conferred, or partly in one of such ways and partly in
the other.
55. Every liquidation scheme shall further provide for the continuance of the payments Provision of
to be made by the Manager and for the repayment of money, if any, which the Manager scheme.
proposes to borrow from Government under this Act and may provide for the improvement
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of the estate under management either from the said income or with the aid of the funds
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raised as aforesaid or partly in one of such ways and partly in the other.
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56. When the Collector sanctions the liquidation scheme, he shall notify the fact of Effects of
such sanction at such place and in such manner as the 2[State] Government may from time sanctioning
scheme.
to time by rule direct; and thereupon—
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(i) all proceedings, processes, executions and attachments stayed or suspended under
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section 46 shall be for ever barred;
(ii) every debt or liability due or owing to any person which was provable before the Manager
shall be extinguished, and such person shall be entitled to receive under the liquidation scheme
the amount, if any finally awarded to him under the preceding sections in respect of such debt
or liability.
57. (1) If the estate under management or any part thereof be in the possession of a Powers to
mortgagee, or a conditional vendee, the manager, at any time after the liquidation scheme remove
mortgagee in
has been sanctioned as aforesaid, may be an order in writing require such incumbrancer to possession.
deliver up possession of the same to him at the end of the then current revenue year.
(2) If such incumbrancer refuses or neglects to obey such order, the Manager may
without resorting to a Civil Court enter upon the property and summarily evict there from
the said incumbrancer or any other person obstructing or resist on his behalf.
(3) Nothing in this section shall be held to affect the right of any incumbrancer to receive
under the liquidation scheme the amount, if any, awarded to him under this Act.
58. Subject to the rules made under this Act, the Manager after the liquidation scheme Power to sell or
has been sanctioned as aforesaid, shall have power to sell or grant on lease all or any part lease.
of the estate under the management:
1. This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
2. This word was substituted for the word "Provincial", ibid.
62 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
Provided that the estate or any part thereof shall not be sold or leased for a period
exceeding ten years without the previous permission of the Collector:
Provided further that the Collector shall not give such permission unless he is satisfied
that such sale or lease is necessary for the benefit of the estate 1[or unless such sale is in
favour of 2[a tenant under section 32, 32F, 32-I or 32-O.]]
Manager's 59. The Manager's receipt for any moneys, rents or profits raised or received by him
receipt a
discharge.
under this Act shall discharge the person paying the same therefrom or from being concerned
to see to the application thereof.
Holder of estate 60. (1) If the holder of the estate dies after the publication of the order of management,
dying.
the management shall continue and proceed in all respects as if the holder were still living.
(2) Any person succeeding to the whole or any part of the estate under management
shall, while such management continues, be subject in respect of such estate to the disabilities
imposed under this Act.
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(3) No Civil Court shall, during the continuance of the management, issue any
attachment or other process against any portion of the estate under management for or
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in respect of any debt or liability incurred by any such person either before or after his
said succession.
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Termination of 61. The 3[State] Government, when it is of opinion that it is not necessary to continue
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management.
the management of the estate, by order published in the Official Gazette direct that the
said management shall be terminated. On the termination of the said management, the
estate shall be delivered into the possession of the holder, or, if he is dead, of any person
entitled to the said estate together with any balances which may be due to the credit of the
said holder. All acts done or purporting to be done by the Manager during the continuance
of the management of the estate shall be binding on the holder or to any person to whom
the possession of the estate has been delivered.
Manager 62. The manager appointed under this Chapter shall be deemed to be a public servant XLV of
deemed to be 1860.
public servant.
under section 21 of the Indian Penal Code.
CHAAPTER V.
Restrictions on Transfers of Agricultural Lands, Management of
Uncultivated Lands and Acquisition of Estates and Lands.
Transfers to non- 63. (1) Save as provided in this Act,—
agriculturists
barred.
(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 or interest therein, or
1. These words and figures were inserted by Bom. 33 of 1952, s. 13.
2. These words, figures and letters were substituted for the words and figures "a protected tenant under section
32" by Bom. 13 of 1956, s. 31.
3. This word was substituted for the word "Provinicial" by the Adaptation of Laws Order, 1950.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 63
(b) no mortgage of any land or interest therein, in which the possession of the mortgaged
property is delivered to the mortgage, 1[or]
2
[(c) no agreement made by an instrument in writing for the sale, gift, exchange, lease
or mortgage of any land or interest therein.]
shall be valid in favour of a person who is not an agriculturist 3[or who being an agriculturist
cultivates personally land not less than the ceiling area whether as an owner or tenant or partly
as owner and partly as tanant or who is not an agricultural labourer]:
Provided that the Collector or an officer authorised by the 4[State] Government in this
behalf may grant permission for such sale, gift, exchange, lease or mortgage, 5[or for such
agreement] on such conditions as may be prescribed:
6
[Provided further 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.]
7
[(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
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trust established for the charitable purpose and which is non-profitable in nature, for the
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use of such land in the field of health and education, subject to such conditions as may be
specified therein.]
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(2) Nothing in this section shall be deemed to 8[prohibit the sale, gift, exchange or
lease, or the agreement for the sale, gift, exchange or lease, of] a dwelling house or the site
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thereof or any land appurtenant to it in favour of an agricultural labourer or an artisan 9[or
a person carrying on any allied pursuit].
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10
[(3) Nothing in this section shall apply or be deemed to have applied to a mortgage
of any land or interest therein effected in favour of a co-operative society as security for the
Bom.
XXVIII of loan advanced by such society [or any transfer declared to be a mortgage by a court under
11
1947. section 24 of the Bombay Agricultural Debtors' Relief Act, 1947]].
12
[(4) Nothing in section 63A shall apply to any sale made under sub-section (1).]
13
[63A. (1) Except as otherwise expressly provided in this Act, the price of any land Reasonable
sold or purchased under the provisions of this Act shall consist of the following amounts, price of land
for the
namely :– purpose of
(a) an amount not being less than 20 times the assessment levied or leviable in respect its sale and
of the land and not being more than 200 times such assessment excluding, however, for purchase.
Bom. V the purpose of calculation, the amount of water rate, if any, levied under section 55 of the
of 1879. Bombay Land Revenue Code, 1879 and included in such assessment;
(b) the value of any structures, wells and embankments constructed, permanent
fixtures made and trees planted on the land.
1. This word was added by Guj. 30 of 1977, s. 5(1) (i).
2. This clause was inserted, ibid., s. 5(1) (ii).
3. These words was inserted by Bom. 13 of 1956, s. 32(1).
4. This word was substituted for the word "Provinicial" by the Adaptation of Laws Order, 1950.
5. These words were inserted by Guj. 30 of 1977, s. 5 (1) (iii).
6. This proviso was inserted by Guj. 5 of 1973, s. 16.
7. Sub-section (1A) was inserted by Guj. 5 of 2015, s. 2.
8. These words were substituted for the words "prohibit the sale, gift, exchange on lease of" by Guj. 30 of
1977, s. 5(2).
9. These words were inserted by Bom. 13 of 1956, s. 32 (2).
10. This sub-section was added by Bom. 12 of 1951, s. 6.
11. These words and figures were inserted by Bom. 13 of 1956, s. 32(3).
12. This sub-section was added, ibid., s. 32(4).
13. This section was inserted, ibid., s. 33.
64 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(2) Where under the provisions of this Act any land is sold or purchased by mutual
agreement, such agreement shall be registered before the Mamlatdar, and the price of the
land shall, subject to the limits specified in sub-section (1), be such as may be mutually
agreed upon by the parties. In the case of disagreement between the parties, the price shall
be determined by the Tribunal having regard to the factors mentioned in this section.
(3) Where in the case of a sale or purchase of any land under this Act, the Tribunal or
the Mamlatdar has to fix the price of such land under this Act, the Tribunal or the Mamlatdar,
as the case may be, shall, subject to the quantum specified in sub-section (1), fix the price
having regard to the following factors, namely:-
(a) the rental values of lands used for similar purposes in the locality;
(b) the sturctures and wells constructed and permanent fixtures made and trees planted,
on the land by the landlord or tenant;
(c) the profits of agriculture of similar lands in the locality;
(d) the prices of crops and commodities in the locality;
e
(e) the improvements made in the land by the landlord or the tenant;
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(f) the assessment payable in respect of the land; and
(g) such other factors as may be prescribed;]
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[Explanation.– For the purpose of this section the expression "assessment" shall have
1
the meaning assigned to it in section 8.]
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Sale of land for [63AA. (1) Nothing in section 63 shall prohibit the sale or the agreement for the
2
In
bonafide
sale of land for which no permission is required under sub-section (1) of section 65B of the Bom. V of
industrial
purpose Bombay Land Revenue Code, 1879 in favour of any person for use of such land by such 1879.
permitted in person for a bonafide industrial purpose:
certain cases.
Provided that –
(a) the land is not situated within the urban agglomeration as defined in clause (a) of 33 of 1876.
section 2 of the Urban Land (Ceiling and Regulation) Act, 1976,
(b) where the area of the land proposed to be sold exceeds ten hectares the person to
whom the land is proposed to be sold in pursuance of this sub-section shall obtain previous
permission of the industries Commissioner, Gujarat State or such other officer, as the State
Government may by an order in writing, authorise in this behalf,
(c) The area of the land proposed to be sold shall not exceed four times the area on
which construction for a bonafiede industrial purpose is proposed to be made by the purchaser:
Provided that any additional land which may be required for pollution control
measures or required under any relevant law for the time being in force and certified
as such by the relevant authority under that law shall not be taken into account for the
purpose of computing four times the area:
[Provided further that where the land is sold to a purchaser which is a company as
3
defined by clause (20) of section 2 of the Companies Act, 2013, it may offer the equity shares 18 of 2013.
of the company, to the person by whom such land is being sold, in lieu of the sale price of
such land and if such peron is in agreement for accepting such equity shares, either in
1. This Explanation was added by Bom. 15 of 1957, s. 12.
2. Section 63AA was inserted by Guj. 7 of 1997, s. 3.
3. This proviso was inserted by Guj. 28 of 2015, s. 2(1).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 65
full or partly, then it shall be incumbent upon such company to allot such equity shares of
equivalent amount, either in full or partly, to such person,]
(d) where the land proposed to be sold is owned by a person to belonging to the
Bom. V of Scheduled Tribe, the sale shall be suject to the provisions of section 73AA of the Bombay
1879. Land Revenue Code, 1870.
(2) Nothing in section 63A shall apply to any sale made in pursuance of sub-section (1).
(3) (a) Where the land is sold to a person in pursuance of sub-section (1) (hereinafter
referred to as " the purchaser"), he shall within thirty days from the date of the purchase
of the land for a bonafide industrial purpose send a notice of such purchase in such a form
alongwith such other particulars as may be prescribed to the Collector and endorse a copy
thereof to the Mamlatdar.
(b) Where the purchaser fails to send the notice and other particulars to the Collector
under clause (a) within the period specified therein, be shall be liable to pay in addition to the
e
non-agricultural assessment leviable under this Act, such fine not exceeding two thousand
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rupees as the Collector may, subject to rules made under this Act, direct.
(c) Where on receipt of the notice of the date of purchase for the use of land for a
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bonafide industrial purpose and other particulars sent by the purchaser under clause (a), the
Collector, after making such inquiry as he deems fit–
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(i) is satisfied that the purchaser of such land has validly purchased the land for
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a bonafide industrial purpose in conformity with the provisions of sub-section (1), he shall
issue a certificate to that effect to the purchaser in such form and within such time as may
be prescribed.
(ii) is not so satisfied, he shall, after giving the purchaser an opportunity of being
heard, refuse to issue such certificate and on such refusal, the sale of land to the purchaser
shall be deemed to be in contravention of section 63.
(d) (i) The purchaser aggrieved by the refusal to issue a certificate by the Collector under
sub-clause (ii) of clause (c) may file an appeal to the State Government or such officer as it
may, by an order in writing, authorise in this behalf.
(ii) The State Government or the authorised officer shall after giving the appellant
an opportunity of being heard pass such order on the appeal as it or be deems fit.
(4) (a) The purchaser shall comply with the provisions of any law for the time being
in force or any order or directions of the Central Government or State Goverment or any
Corporation owned or controlled by such Government, Government Company, local authority
or statutory authority in relation to use of land for industrial purpose before the land is put to
use for such purpose.
[(b) the purchaser to whom a certificate is issued under sub-clause (i) of clause (c) of
1
sub-section (3) shall commence production of goods or providing of services within five
years from such date:
1. This clause was substituted by Guj. 28 of 2015, s. 2 (2).
66 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
Provided that the period of five years may on an application made by the purchaser in
that behalf be extended by two years by the Collector as he may by an order in writing in
such circumstances as may be prescribed:
Provided further that the Collector shall not extend such period for more than a period
of one year at a time:
Provided also that such aggregate period of seven years may, on an application made
by the purchaser in that behalf, and on the payment of fifty per cent of the prevailing Jantri
value, be extended by another three years by the State Government.]
1
[(4A) In case where the purchaser fails to commence the production of goods or
providing of services within three years from the date of certificate issued under sub-section
(3) or thereafter, the Collector may, after an application is made to him in that behalf, grant
permission by an order for sale or transfer of such land:
Provided that such permission shall be granted by the Collector only upon the payment
of -
e
od
(i) 40 per cent. of the prevailing Jantri value, if the application is made before the
completion of a period of five years from the date of certificate;
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(ii) 60 per cent. of the prevailing Jantri value, if the application is made after a period
of five years but before the completion of a period of seven years from the date of certificate;
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(iii) 100 percent. of the prevailing Jantri value, if the application is made thereafter.
In
(4B) Notwithstanding anything contained in sub-section (4) or sub-section (4A), -
(i) where the land is sold to a person in pursuance of sub-section (1) for the purpose
of establishing an industrial park in consonance with the policy and conditions of the State
Government in that behalf, the purchaser shall fulfill all the conditions in such manner and
within such period as may be prescribed;
(ii) the purchaser shall be required to obtain certificate/certificates from the Industries
Commissioner, Gujarat State, in the manner as may be prescribed of having fulfill the
conditions as referred to in clause (i);
(iii) in case where the purchaser fails to obtain the certificate/certificates as referred
to in clause (ii), the provisions of sub-section (5), in so far as vesting of such land or part
of such land in case where the purchaser has already transferred any portion or portions of
such land, in the State Government and disposal of such land are concerned, shall mutatis
mutandis apply;
(iv) the purchaser shall be entitled to transfer or sell portion of such land to any person
for establishing an industry thereon subject to the provisions of the policy of the State
Government with regard to the industrial park;
(v) the transferee under clause (iv) or any person to whom such land may be
transferred in any subsequent transaction or transactions shall be entitled to sell or transfer
such portion of land to any person for the purpose as provided in clause (iv);
1. Sub-section (4A) and (4B) was inserted by Guj. 28 of 2015, s. 2 (3).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 67
(vi) in case where the purchaser is of the view, after a period of three years from the
date of purchaser of such land, that it is not possible for him to fulfill the conditions and
obtain the certificate/certificates as referred to in this section, he may make an application
to the Collector for grant of permission to sale or transfer of such land and the Collector
shall thereupon grant such permission only upon the payment of,-
(a) 40 per cent. of the prevailing Jantri value, if the application is made before the
completion of a period of five years from the date of certificate; as referred to in sub-clause
(i) of clause (c) of sub-section (3);
(b) 60 per cent. of the prevailing Jantri value, if the application is made after a period
of five years, but before the completion of a period of seven years from the date of certificate;
as referred to in sub-clause (i) of clause (c) of sub-section (3);
(c) 100 per cent. of the prevailing Jantri value, if the application is made thereafter:
Provided that such permission for sale of such land shall be granted only for the
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purpose of use of such land for the bonafide industrial purpose.
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Explanation:- For the purposes of this section, the expression "bonafide industrial purpose"
includes and shall always be deemed to have included the establishment of the industrial
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park.]
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1
[(5) Where the Collector after making such inquiry deems fit and giving the purchaser
an opportunity of being heard comes to the conclusion that the purchaser has failed to
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commence production of goods or providing of services within the period as specified in
clause (b) of sub-section (4), or the period extended under the provisos to the clause, the
land shall vest in the State Government free from all encumbrances on payment to the
purchaser of such compensation as the State Government may determine and such land
shall be disposed of by the State Government in the manner as may be prescribed.]]
2
[63AB. (1) Notwithstanding anything contained in section 63, where the Mamalatdar Last
suo moto or on the application of any person interested in the land, has reason to believe transaction
if made to an
that, in the breach of the provisions of clause (a), (b) or (c) of sub-section (1) of section 63, agriculturist to
transfer of the land had taken place in favour of a person who was not an agriculturist and be valid even if
that certain transaction or transaction have taken place thereafter and the person in whose earlier
favour the last transaction was made on or before the 30th June,2015, is an agriculturist, transaction or
transactions
he shall issue a notice to such person and shall give him an opportunity of being heard and may be invalid.
also make an inquiry as he deems fit.
(2) If the Mamalatdar comes to the conclusion that as a result of the last transaction in
respect of such land, the person to whom such land was transferred is indeed an agriculturist,
he shall call upon such person to pay to the Sate Government, for the use of such land only
for the agriculture purpose, the amount of ten percent of the prevailing jantri and after such
payment he shall declare by an order, such last transaction to be valid irrespective of the fact
that any one or more of such transaction was or were invalid and upon such order, no proceeding
under section 84C shall be initiated and if already initiated shall be discontinued forthwith.
1. Sub-section (5) was substituted by Guj. 28 of 2015, s. 2 (4).
2. Section 63AB, 63AC and 63AD were inserted by Guj. 28 of 2015, s. 3.
68 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
Conversion 63AC. (1) Notwithstanding anything contained in section 63 or 63AD but subject to
of land into
non-
the provisions of any other law for the time being in force, any institution registered as a Bom. 29
agricultural public trust for charitable purpose under the Gujarat Public Trusts Act, 1950, or any company of 1950.
purpose if the registered under the Companies Act, 2013 which has in its objects the promotion of charity 18 of 2013.
land is
purchasd
and to which provisions of section 8 of the said Act are applicable, has purchased the land
before the in contravention of the provision of sub-section (1) of section 63 on or before the 30th June, Guj. 28
of 2015.
commencement 2015, such institution shall be entitled to make an application within six months from the
of Amending
Act, 2015.
commencement of the Gujarat Tenancy and Agricultural Land Laws (Amendment) Act,
2015, to the Collector for conversion of such land into non-agricultural purpose.
(2) On an application made under sub-section (1), the Collector shall make a detailed
inquiry and comes to the conclusion that such institution has, in contravention of the
provisions as referred to in sub-section (1) purchased the land, he shall call upon such public
trust or the company as referred to in sub-section (1) to pay such amount in such manner as
may be prescribed by the Sate Government and if such public trust or company pays such
sum as directed by the Collector, the Collector shall allow the conversion of such land into
the non-agriculture purpose and pass the order accordingly.
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Penalty to 63AD. (1) Notwithstanding anything contained in section 84C, where the Mamalatdar
transferee for suo moto or on the application of any person, has reason to believe that, in the breach of the
transfer of land
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in breach of provisions of clause (a), (b) or (c) of sub-section (1) of section 63, transfer of the land has
provision of taken place in favour of a person who is not an agriculturist or in favour of any institution,
sub-section (1) the Mamalatdar shall issue a notice to such person or institution and, after affording an
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of section 63. opportunity of being heard, decide whether the transfer of the land is valid or not.
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(2) If the Mamalatdar comes to a decision that the transfer of such land is not valid
then he shall pass an order thereby,-
(i) imposing the penalty of three times the amount of the prevailing Jantri of such land
on such person or institution in whose favour such land is not validly transferred;
and
(ii) directing the person or institution in whose favour such land is not validly
transferred to restore the land along with the rights and interest there in to the
position in which it was immediately before such transfer within a period of one
month of such order.
Explanation - For the purpose of this Act, the expression "Jantri" means the index of base
market values as may be determine by the State Government from time to time.]
Sale of
Agricultural
1
[64. (1) Where a landlord intends to sell any land, he shall apply to the Tribunal
land to for determining the reasonable price thereof. The Tribunal shall thereupon determine
particular reasonable price of the land in accordance with the provisions of section 63A. The Tribunal
person. shall also direct that the price shall be payable either in lump sum, or in annual instalments
l
not exceeding six carrying simple interest at 4 2 per cent. per annum:
Provided that in the case of sale of the land in favour of a permanent tenant when
he is in possession thereof, the price shall be a six times the annual rent.
(2) After the Tribunal has determined the reasonable price, the landlord shall simultaneously
in the prescribed manner make an offer,—
1. Section 64 was substituted for the original by Bom. 13 of 1956, s. 34.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 69
(a) in the case of agricultural land—
(i) to the tenant in actual possession thereof, notwithstanding the fact that such
land is a fragment, and
(ii) to all persons and bodies mentioned in the priority list:
(b) in the case of a dwelling house, or a site of a dwelling house or land appointenant
to such house when such dwelling house, site or land is not used or is not necessary to
carry on agricultural operations in the adjoining lands—
(i) to the tenant thereof;
(ii) to the person residing in the village who is not in possession of any dwelling
house:
Provided that if there are more than one such person the offer shall be made to such
person or persons and in such order of priority as the Collector may determine in this behalf
e
having regard to the needs of the following persons, namely:-
(i) an agricultural labourer, od
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(ii) an artisan,
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(iii) a person carrying on an allied pursuit,
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(iv) any other person in the village.
(3) The persons to whom such offers are made shall intimate to the landlord within
one month from the date of receipt of the offer whether they are willing to purchase the land
at the price fixed by the Tribunal.
(4) (a) If only one person intimates to the landlord under sub-section (3) his willingness
to accept the offer made to him by the landlord under sub-section (2), the landlord shall call
upon such person by a notice in writing in the prescribed form to pay him the amount of
the reasonable price determined by the Tribunal or to deposit the same with Tribunal within
one month or such further period as the landlord may consider resonable from the date of
receipt of the notice by such person.
(b) If more than one person intimate to the landlord under sub-section (3) their
willingness to accept the offers made to them by the landlord under sub-section (2), the
landlord shall call upon by a notice in writing in the prescribed form and the person having
the highest priority in the order of priority given in sub-section (2) to pay him the amount
of the reasonable price determined by the Tribunal or to deposit the same with the Tribunal
within one month or such further period as the landlord may consider reasonable from the
date of the notice by such person.
(5) If the person to whom a notice is given by the landlord under sub-section (4) fails
to pay the amount of the reasonable price to the landlord or to deposit the same with the
Tribunal within the period referred to in sub-section (4) such person shall be deemed to be
not willing to purchase the land and the landlord shall call upon in the manner provided
70 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
in sub-section (4) the person who stands next highest in the order of priority and who has
intimated his willingness to the landlord under sub-section (3).
(6) If any dispute arises under this section regarding-
(a) the offer made by the landlord under sub-section (2), or
(b) the notice given by the landlord under sub-section (4) or (5), or
(c) the payment or deposit of the reasonable price, or
(d) the execution of the sale deed,
such dispute shall be decided by the Tribunal.
(7) (a) Notwithstanding anything contained in the foregoing provision of this section
a landlord may after obtaining the previous permission of the Tribunal as provided in the
next succeding clause (b) sell any land notwithstanding the fact that such land is a fragment
to the tenant in actual possession there of at a price mutually agreed upon between him and
the tenant subject to the provisions of section 63A.
e
(b) The landlord shall make an application in writting to the Tribunal for permission to
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sell the land at such price. On receipt of the application, the Tribunal shall grant the premission
if, on holding an inquiry, it is satisfied that the price has been agreed to voluntarily by the
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tenant.
(8) Any sale made in contravention of this section shall be invalid.
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(9) If a tenant refuses of fails to purchase the land or a dwelling house offered to him
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under this section, and the land or the dwelling house, as the case may be, is sold to any
other person under this section, the landlord shall be entitled to evict such tenant and put
the purchaser in possession.]
64A. [Exemption to sales by or in favour of co-operative societies.] Deleted by Guj.
21 of 1987, s. 3.
65. [Assumption of management of land which remained uncultivated.] deleted by
Guj. 10 of 2009, s.7
65A. [Power of State Government to declare that more raising of grass shall not be
deemed full and efficient use for agriculture.] deleted by Guj. 10 of 2009, s.7.
66. [Acquisition of estate or land under management or interest therein.] deleted by
Guj. 10 of 2009, s. 7.
1
[CHAPTER V-A.
Construction of water course through land of another.
Construction 66A. (1) If any person (hereinafter called the applicant) desires to construct a
of water course
water course to take water for the purpose of agriculture from a source of water
through land
belonging to to which he is entitiled, but such water course is to be constructed through any land
other person. which belongs to, or is in possession of, another person (hereinafter called the
neighbouring holder), and if no private agreement is arrived at for such construction
between the applicant and the neighbouring holder, the person desiring to construct the
water course may make an application in the prescribed form to the Mamlatdar.
1. Chapter V-A was inserted by Bom. 13 of 1956, s. 36.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 71
Explanation.–For the purpose of this Chapter the neighbouring holder shall
include the person to whom the land belongs and all persons holding through or
under him.
(2) On receipt of the application, if the Mamlatdar, after making an inquiry and
after giving to the neighbouring holder and all other persons interested in the land
an opportunity of stating any objection to the application, is satisfied that for ensuring
the full and efficient use for agriculture of the land belonging to the applicant it is
necessary to construct the water course, he may by order in writing direct the neighbouring
holder to permit the applicant to construct the water course on the following conditions:–
(i) the water course shall be constructed through such land in such direction and
manner as is agreed upon by the parties, or failing agreement as directed by the Mamlatdar
so as to cause as little damage to the land through which it is constructed, as may be
possible;
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(ii) where the water course consists of pipes, the pipes shall be laid at a depth
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not less than one foot and a half from the surface of the land;
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(iii) where the water course consists of a water channel, the channel shall not
exceed five feet in breadth;
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(iv) the applicant shall pay to the neighbouring holder–
(a) such compensation for any damage caused to such land by reason of the
construction of the water couse injuriously affecting such land;
(b) such annual rent as the Mamlatdar may decide to be reasonable;
(v) the applicant shall maintain the water course in a fit state of repairs;
(vi) the applicant shall within the prescribed period execute an agreement in the
prescribed form in favour of the neighbouring holder;
(vii) such other conditions as the Mamlatdar may think fit to impose.
(3) An order made under sub-section (2) shall direct how the amount of
compensation shall be apportioned among the neighbouring holder and all persons
interested in the land.
(4) Any order made under sub-section (2) shall after the applicant executes an
agreement as required under clause (vi) of sub-section (2) be a complete authority
to him or to any agent or other person employed by him for the purpose to enter
upon the land specified in the order with assistants or workmen and to do all such
work as may be necessary for the construction of the water course and for renewing
or repairing the same.
72 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
Failure to 66B. If the applicant in whose favour an order under sub-section (2) of section 66A
payment and was made–
to keep water
course in good
repair.
(a) fails to pay the amount of compensation or the amount of the rent, it shall
be recovered as an arrear of land revenue on an application being made, to the
Mamlatdar by the person entitled thereto;
(b) fails to maintain the water course in a fit state of repairs, he shall be liable
to pay such compensation as may be determined by the Mamlatdar for any damage
caused on account of such failure.
Removal or 66C. (1) If a person intends to remove or discontinue the water course
discontinuance constructed under the authority conferred on him under section 66A, he may do so
of water course.
after giving notice to the Mamlatdar and the neighbouring holder.
(2) In the event of removal or discontinuance of such water course, the person
taking the water shall fill in and reinstate the land at his own cost with the least
practicable delay. If he fails to do so, the neighbouring holder may apply to the
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Mamlatdar who shall require such person to fill in and reinstate the land.
Neighbouring
holder entitled od
66D. The neighbouring holder or any person on his behalf shall have the right
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to use surplus to the use of any surplus water from the water course on payment of such rates as
water on may be agreed upon between the parties, and on failure of agreement, as may be
payment of
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rate. determined by the Mamlatdar. If a dispute arises whether there is or is no surplus
water in the water course, it shall be determined by the Mamlatdar, and his decision
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shall be final.]
CHAPTER VI.
1
[Procedure and Jurisdiction of Tribunal, Mamlatdar and Collector;
Appeals and Revision. ]
Tribunal. [67. (1) For the purpose of this Act, there shall be a Tribunal called the
2
Agricultural Lands Tribunal for each taluka or mahal or for such area as the State
Government may think fit.
(2) The State Government may appoint an officer not below the rank of a Mamlatdar
to be the Tribunal and to exercies the powers and perform the duties and functions
of the Tribunal under this Act in a taluka or mahal or any other area referred to
in sub-section (1) :
Provided that the State Government may for any area constitute a Tribunal
consisting of not less than three members of whom–
(a) at least one shall be a person who is holding or has held a Judicial Bom.
office not lower in rank than that of a civil judge under the Bombay Civil XIV of
Courts Act, 1869, or who is qualified to practice as a lawyer in the 3[State of 1869.
Gujarat], and
1. The heading was substituted for the original by Guj. 24 of 1965, s. 11.
2. Section 67 was substituted for the original by Bom. 63 of 1958, s. 8.
3. These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws (State and
Concurrent Subjects) (Third Amendment) Order, 1960.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 73
(b) one shall be appointed to be the President of the Tribunal and the Tribunal so
constituted shall exercise power and perform the duties and functions of the Tribunal under
this act.
Explanation.–In this section 'lawyer' means any person entitled to appear and
plead for another in Court in the State and includes an advocate, a vakil and an
attorney of the 1[High Court of Gujarat].]
68. It shall be the duty of the Tribunal,– Duties of the
Tribunal.
(a) to determine the value of the site of a dwelling house under section 17;
2
[(b) to determine the purchase price of land under section 32G, 63A or 64;
(c) to decide any dispute under sections 32 to 32R (both inclusive);]
(d) to perform such other functions in carrying out the provisions of this Act,
as may be prescribed or as may be directed by the 3[State] Government.
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69. (1) The Tribunal shall have the same powers in making inquiries under this Powers of the
Tribunal.
V of Act as are vested in Courts in respect of the following matters under the Code of
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1908. Civil Procedure, 1908, in trying a suit, namely :–
(a) proof of facts by affidavits;
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(b) summoning and enforcing the attendance of any person and examining him
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on oath; and
(c) compelling the production of documents.
(2) The Tribunal shall have also such other powers as may be prescribed. The
Tribunal shall have powers to award costs.
(3) The orders of the Tribunal shall be given effect to in the manner provided
in section 73.
70. For the purpose of this Act the following shall be the duties and functions to Duties of the
be performed by the Mamlatdar– Mamlatdar.
(a) to decide whether a person is an agriculturist;
(b) to decide whether a person 4[is or was a tenant] or a protected tenant 5[or a
permanent tanant];
6
[(c) to determine the rates of rent under section 9;
(d) to decide dispute regarding class of land under section 9A:]
1. These words were substituted for the words "High Court of Bombay" by the Gujarat Adoptation of Laws
(State and Concurrent subjects) (Third Amendment) Order, 1960.
2. These clauses were substituted for the original by Bom. 13 of 1956, s. 33.
3. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
4. These words were substituted for the words "is a tenant" by Guj. 5 of 1973, s. 17 (1).
5. These words were inserted by Bom. 13 of 1956, s. 39(1).
6. These clauses were substituted for clauses (c), (d) and (e), ibid., s. 39 (2).
74 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(f) to determine the amount of compensation under section 10 for the contravention
of sections 1[8, 9, 9A, and 9C];
2
[ * * * * * * ]
(h) to determine the amount to be refunded to a tenant under section 13(5);
(i) to determine the amount of compensation for trees to which a tenant is
entitled under section 19;
(j) to determine any dispute regarding the right to produce of trees naturally
growing under section 20;
(k) to determine the costs of repairing protective bunds under section 23;
(l) to sanction exchange of tenancies under section 33;
(m) to determine the amount of compensation payable to 3[ * * *] tenant
for any improvement under section 41]:
4
[(ma) to determine what is reasonable rent under section 43B;
(mb) to issue a certificate under section 84A, and decide under section 84B or
84C whether a transfer or acquisition of land is invalid and to dispose of land as
e
provided in section 84C;
(mc) to decide references under section 85A.
(md) to decide any dispute under section 88C; od
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5
[ * * * * * * ]]
di
(n) to take measures for putting the tenant or landlord or the agricultural labourer
or artisan 6[or person carrying on an allied pursuit] into the possession of the land or
In
dwelling house under this Act; 7[*];
8
[(na) to decide all matters relating to the construction of water course under
Chapter V-A;]
9
[(nb) to issue temporary injunction;]
(o) to decide such other matters as may be referred 10[by the State Government]
to him by or under this Act.
Regularisation 11
[70A. In case where a person is or was declared as a permanent tenant under
of certain sale section 70 by the Mamlatdar and Agricultural Lands Tribunal and subsequently on the
of land. basis of such order sale or more than one sale in respect of the land in question has taken
place and if thereafter the order declaring a person as the permanent tenant is found
not in accordance with law, then, the Collector, on an application made by the present
occupant in this regard, shall, subject to other provisions of this Act or any other law
for the time being in force, proceed to impose the restrictions of section 43 of this Act in
respect of such land and shall, after levying rupee one as the penalty and in consideration
of payment of such amount as may be determined by the State Government by general or
special order from time to time, pass an order regularising such sale, subject to such
conditions as may be specified by him.]
1. These figures, letters and ward were substituted for the figures and word "6 to 9" by Bom. 13 of 1956, s. 39(3).
2. Clause (g) was deleted, ibid., s. 39 (4).
3. The word "protected" was deleted, ibid., s. 39 (5).
4. These clauses were inserted, ibid., s. 39(6).
5. Clause (me) was deleted by Guj. 36 of 1965, s. 8.
6. These words were inserted by Bom. 13 of 1956, s. 39(7).
7. The word "and" was deleted, ibid.
8. This clause (na) was inserted, ibid., s. 39 (8).
9. Clause (nb) was inserted by Guj. 5 of 1973, s. 17(2).
10. These words were inserted by Guj. 16 of 2011, s. 2.
11. Section 70A was inserted by Guj. 8 of 2014, s. 2.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 75
71. Save as expressly provided by or under this Act, all inquiries and other Commencement
proceedings before the Mamlatdar or Tribunal shall be commenced by an application of proceedings.
which shall contain the following particulars :–
(a) the name, age, profession and place of residences of the applicant and the
opponents;
(b) a short description and situation of the property of which possession is sought,
or the amount of the claim, as the case may be;
(c) the circumstances out of which the cause of action arose;
(d) a list of the applicant's documents, if any, and of his witnesses, and whether
such witnesses are to be summoned to attend or whether the applicant will produce
them on the day of the hearing;
e
od
(e) such other particulars as may be prescribed.
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72. In all inquiries and proceedings commenced on the presentation of Procedure.
applications under section 71 the Mamlatdar or the Tribunal shall exercise the same
di
Bom. II powers as the Mamlatdar's Court under the Mamlatdars' Courts Act, 1906 and shall
of 1906. 1
[save as provided in section 29] follow the provisions of the said Act, as if the
In
Mamlatdar or the Tribunal were a Mamlatdar's Court under the said Act and the
application presented was a plaint presented under section 7 of the said Act. In regard
to matters which are not provided for in the said Act, the Mamlatdar or the Tribunal
shall follow the procedure as may be prescribed by the 2[State] Government. Every
decision of the Mamlatdar or the Tribunal shall be recorded in the form of an order
which shall state reasons for such decisions.
Bom. V [72AA. Where in any taluka or mahal in addition to the Mamlatdar
3
Distribution
of 1879. appointed under section 12 of the Bombay Land Revenue Code, 1879, or as of business
the case may be, in addition to the Mahalkari appointed under section 13 of amongst
Mamlatdars.
the said Code one or more officers are appointed by the State Government to perform the
duties of a Mamlatdar under this Act in such taluka or mahal, each such officer shall dispose
of such inquiries or proceedings commenced under section 71 as the Mamlatdar or as the
case may be, the Mahalkari, subject to the control of the Collector, may by general or appeal
order, refer to him.]
[72A. The Collector may, after due notice to the parties, by order in writing transfer
4
Power of
any proceeding under this Act pending before a Mamlatdar in his district from such Collector
to transfer
Mamlatdar to any other Mamlatdar in his district and the Mamlatdar to whom the proceeding
proceedings.
is so transferred shall thereupon exercise jurisdiction under this Act in such proceeding:
1. These words and figures were inserted by Bom. 45 of 1951, s. 3.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1959.
3. Section 72AA was inserted by Bom. 63 of 1958, s. 9.
4. This section was inserted by Bom. 12 of 1951, s. 8.
76 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
Provided that any order issued to village officers under sub-section (2) of section 73
shall be issued by the Mamlatdar to whom such village officers are subordinate.]
Application
1
[72B. (1) If in the course of the hearing of an application for possession of any land
for possession made by a landlord under section 29, the Mamlatdar of one area finds that the landlord had
of land made
made a similar application to the Mamlatdar of another area for posession of other land held
to different
Mamlatdars by him in that area, then the Mamlatdar shall refer the case to the Collector if the other land
to be heard is in the same district, 2[and to the State Government if the other land is in another district].
by designated
Mamlatdar. (2) On receipt of the reference, the Collector 3[ * * * * ] or the State Government,
as the case may be, shall–
(a) call for the proceedings of the other application from the Mamlatdar concerned;
(b) having regard, among other matters to the extent of the land of which possession
is sought under the different applications, transfer all the applications and proceedings to
one of the Mamlatdars for hearing and disposal; and
(c) give an intimation of the transfer to the Mamlatdars, the landlord and the tenants
e
concerned.
od
(3) The Mamlatdar to whom the application are so transferred shall exercise jurisdiction
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in respect thereof under this Act:
Provided that any order to be issued to village officers under sub-section (2) of section
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73 shall be issued by or through the Mamlatdar to whom such village officers are subordinate.
In
Designated 72C. (1) If in the course of a proceeding under section 32G in respect of any tenant,
Tribunal the Tribunal finds that such tenant holds as a tenant other land outside its jurisdicion, then
to conduct
proceedings in
the Tribunal shall refer the case in the prescried manner to the Collector if the other land is
respect of land in the same district, 4[to the State Government if the other land is in another district].
held by the
same tenant in
different areas.
(2) On receipt of the reference the Collector 5[ * * * ] or the State Governmet,
as the case may be, shall—
(a) call for the details of such land in the prescribed from from the Tribunal within
whose jurisdiction the land is situate;
(b) taking into consideration the extent of land held by the tenant as tenant situate
within the jurisdiction of different Tribunals, direct that the proceeding under sections 32G,
32H, 32-I, 32K, 32L,6[32M and 32N] in respect of all the lands held by the tenant as tenant
shall be conducted and disposed of by the Tribunal designated for the purpose, and transfer
the case accordingly; and
(c) give an intimation of the transfer to the Tribunal, the landlords and the tenant
concerned.
1. Sections 72B and 72C were inserted by Bom. 38 of 1957, s. 22.
2. These words were substituted for the words "and to the Divisional officer if the other land is in another district,
and to the State Government if the other land is in another division" by Guj. 15 of 1964, s. 4, Sch.
3. The words "or the Divisional officer" were deleted, ibid.
4. These words were substituted for the words "and to the Divisional officer, if the other land is in another District
and to the State Government if the other land is in another division", ibid.
5. The words "or the Divisional officer" were deleted by Guj. 15 of 1964, s. 4, Sch.
6. These figures, letters and word "32 M, 32 N and 32-O" by Guj. 10 of 2009, s. 8.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 77
(3) The Tribunal designated under sub-section (2) shall exercise jurisdiction under
this Act in respect of all the said lands:
Provided that any order to be issued to village officers under sub-section (2) of section
73 shall be issued by or through the Mamlatdar to whom such village officers are subordinate.]
73. (1) Any sum the payment of which has been directed by an order of the Mamlatdar Execution
or the Tribunal including an order awarding costs shall be recoverable from the person for order for
payment of
ordered to pay the same as an arrear of land revenue. money or for
restoring
(2) An order of the Mamlatdar or the Tribunal awarding possession or restoring the possession.
Bom. II possession or use of any land shall be executed in the manner provided in section 21 of the
of 1906. Mamlatdars' Courts Act, 1906, as if it was the decision of the Mamlatdar under the said Act:
1
[Provided that such order shall not be executed till the expiry of the period of appeal
2
[or, as the case may be, of application for revision as provided] in section 79.]
e
od
[73A. (1) For the purposes of an inquiry under sub-section (3A) of section 29, the
3
Powers of
Collector shall have the same powers as are vested in courts in respect of the following Collector in
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V of 1908. inquiries
matters under the Code of Civil Procedure, 1908, in trying a suit, namely:— under sub-
section (3A)
di
(a) proof of facts by affidavits, of section 29;
provision
In
as respects
(b) summoning and enforcing attendance of any person and examining him on revision and
oath, and execution of
orders.
(c) compelling the production of documents.
(2) The order of the Collector under sub-section (3A) of section 29 shall, subject to
revision under sub-section (3), be final.
(3) The State Government may, suo motu or on an appliaction from any person interested
in the land, call for the record of any such inquiry for the purpose of satisfying itself as to
the legality or propriety of the order passed by the Collector and pass such order thereon
as it deems fit:
Provided that no such order shall be modified, annulled or reversed, unless an
opportunity has been given to the interested parties to show cause why such order should
not be modified, annulled or reversed.
(4) Every such order of the Collector or of the State Government in revision awarding
possession of any land shall be executed in the manner provided for the execution of the
orders of the Mamlatdar or Tribunal under section 73.]
1. This proviso was added by Bom. 38 of 1957, s. 23.
2. These words were inserted by Guj. 16 of 1960, s. 19.
3. Section 73A was inserted by Guj. 24 of 1965, s.12.
78 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
Appeals. 74. (1) An appeal against the order of the Mamlatdar and the Tribunal may be filed
to the Collector in the following cases:—
(a) an order under section 4,
1
[ * * * * ]
2
[ * * * * ]
(d) an order under secton 9,
3
[(da) an order under section 9A],
(e) an order under section 10,
4
[ * * * ]
(g) an order under section 13,
e
5
[ * * * ]
(h) an order under section 17,
od
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(i) an order under section 19,
(j) an order under section 20,
di
(k) an order under section 23,
In
(l) an order under section 25,
(m) an order under section 29,
6
[ * * * ]
7
[(ma) an order under 8[sub-section (1B) and (2)] of section 32,]
9
[(mb) a decision under section 31 or 32F, or an order under section 32G,]
10
[(n) an order under section 11[32K or 32M]]
1. Clause (b) was deleted by Bom. 38 of 1957, s. 24(1).
2. Clause (c) was deleted by Bom. 13 of 1956, s. 40(1).
3. This clause was inserted , ibid., s. 40(2).
4. Clause (f) was deleted, ibid., s. 40(3).
5. Clause (ga) which was inserted by Bom. 38 of 1956, s. 24(2) was deleted by Guj. 5 of 1973, s. 18 (i).
6. Clause (mm) was deleted by Bom. 13 of 1956, s. 40(4).
7. This clause was inserted by Bom. 15 of 1957, s. 13.
8. These words, brackets, figures and letter were substituted for the words, brackets and figure "sub-section (2)"
by Guj. 5 of 1973, s. 18(ii).
9. This Clause was inserted by Guj. 16 of 1960, s. 20(i) and shall be deemed to have been inserted with effect
on and from the 1st day of August, 1956.
10. This clause was substituted for the original by Bom. 13 of 1956, s. 40(5).
11. These figures, letters and words were substituted for the figures, letters and word "32K,32M or 32-O" by Guj.
10 of 2009, s. 9.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 79
[(na)] a decision under the proviso to sub-section (4) of section 32T or an order under
1
section 32U,]
(o) an order under section 33,
2
[(oo) an order under sub-section (5) of section 34,]
(p) an order under section 37,
(q) an order under section 39,
(r) an order under section 41, 3[ * ]
4
[(rr) an order made pursuant to a notification issued under sub-section (3) of section
43A,]
5
[(ra) an order under section 43B,]
(s) an order under section 64.
6
[(t) an order under Chapter V-A,]
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od
7
[(ta) an order passed under 8[clause (b) or clause (nb)] of section 70,]
(u) an order made under section 84A, 84B or 84C,
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9
[(ua) an order under section 84CC,]
di
(v) an order under section 85A,
In
(w) an order under section 88C,
(2) Save as otherwise provided in this Act, the provisions of Chapter XIII of the Bombay
Bom. V of 1879. Land Revenue Code, 1879, shall apply to appeals to the Collector under this Act, as if the
Collector were the immediate superior of the Mamlatdar or the Tribunal. The Collector in
appeal shall have power to award costs.
10
[74A. The Collector may, after due notice to the parties, by order in writing— Powers of
Collector to
(a) transfer any appeal pending before him or before any Assistant or Deputy Collector transfer and
subordinate to him to any Assistant or Deputy Collector specified in such order, performing withdraw
appeals.
the duties and exercising the powers of a Collector and upon such transfer the Assistant
Collector or the Deputy Collector, as the case may be, shall have power to hear and decide
the appeal as if it was originally filed to him, or
(b) withdraw any appeal pending before any Assistant or Deputy Collector and himself
hear and decide tha same.]
1. This clause was inserted by Guj. 16 of 1930, s. 20(ii).
2. This clause was inserted by Bom. 38 of 1957, s. 24(3).
3. The word "and" was deleted by Bom. 13 of 1956, s. 40 (6).
4. Clause (rr) was inserted by Bom. 63 of 1958, s. 10.
5. This clause was inserted by Bom. 13 of 1956, s. 40 (7).
6. This clause was added, ibid., s. 40(8).
7. Clause (ta) was inserted by Guj. 5 of 1973, s. 18 (iii).
8. These words, brackets and letters were substituted for the word, brackets and letter "clause (b)" by Guj. 19 of
1973, s. 2.
9. Clause (ua) was inserted by Guj. 5 of 1973, s. 18 (iv).
10. Section 74A was substituted for the original by Bom. 33 of 1952, s. 15.
80 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
Appeal against 75. (1) An appeal against the award of the Collector made under section 66
award of may be filed to the 1[Gujarat Revenue Tribunal] notwithstanding anything contained Bom. XXXI
Collector. of 1958.
in the 2[Bombay Revenue Tribunal Act, 1957].
(2) In deciding appeals under sub-section (1), the 1[Gujarat Revenue Tribunal] shall Bom. XXXI
exercise all the powers which a court has and 3[subject to the regulations framed of 1958.
by such Tribunal under the 2[Bombay Revenue Tribunal Act, 1957]] follow the same
procedure which a court follows in deciding appeals from the decree or order of an
original Court under the Code of Civil Procedure, 1908. V of 1908.
Revision. 76. (1) Notwithstanding anything contained in the 2[Bombay Revenue Tribunal Bom.
Act, 1957] an application for revision may be made to the 1[Gujarat Revenue Tribunal] XXXI of
constituted under the said Act against any order of the Collector 4[except an order 1958.
under section 32P or an order in appeal against an order under sub-section (4) of
e
section 32G] on the following grounds only :–
od
(a) that the order of the Collector was contrary to law,
aC
(b) that the Collector failed to determine some material issue of law, or
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(c) that there was a substantial defect in following the procedure provided
In
by this Act 5[or that there has been failure to take evidence or error in approciating
important evidence] which has resulted in the miscarriage of justice.
(2) In deciding applications under this section the 1[Gujarat Revenue Tribunal]
shall follow the procedure which may be prescribed by rules made under this Act
after consultation with the 1[Gujarat Revenue Tribunal].
Revisional 6
[76A. Where no appeal has been filed within the period provided for it.
powers of
the Collector may, suomotu or on a reference made in this behalf by
Collector. 7
[* * *] the State Government, at any time,–
(a) call for the record of any inquiry or the proceeding of any Mamlatdar or
Tribunal for the purpose of satisfying himself as to the legality or propriety of any
order passed by, and as to the regularity of the proceedings of such Mamlatdar or
Tribunal, as the case may be, and
(b) pass such order thereon as he deems fit:
1. These words were substituted for the words "Bombay Revenue Tribunal" by the Gujarat Adoptation of
Lands (State and Concurrent Subjects) (Third Amendment) Order, 1960.
2. These words and figures were substituted for the words and figures "Bombay Revenue Tribunal Act,
1939", ibid.
3. This portion was inserted by Bom. 12 of 1956, s. 41.
4. These words, figures and letters and brackets were inserted by Guj. 36 of 1965, s. 9.
5. These words were inserted by Guj. 16 of 1960, s. 71.
6. Section 76A was inserted by Bom. 38 of 1957, s. 25.
7. The words "the Divisional Officer or" were deleted by Guj. 15 of 1964, s. 4, Sch.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 81
Provided that 1[no such record shall be called for after the expiry of one year
from the date of such order and] no order of such Mamlatdar or Tribunal shall be
modified, annulled or reversed unless opportunity has been given to the interested
parties to appear and be heard.]
2
[76.AA. An application for revision may be made to the State Government Revisional
against the decision of the Collector in an appeal against an order made under power of
sub-section (4) of section 32G and the State Government may call for the Government in
certain cases.
proceedings of the Collector for the purpose of satisfying itself as to the legality
or propriety of the decision of the Collector and pass such order as it may think
fit.]
VII of 77. Notwithstanding anything contained in the Court-fees Act, 1870 every Court Fees.
1870. application or appeal made under this Act to the Mamlatdar, Tribunal, 3[Collector,
State Government] or 4[Gujarat Revenue Tribunal] shall bear a court-fee stamp of
such value as may be prescribed.
78. (1) The Collector in appeal and the 4[Gujarat Revenue Tribunal] in appeal Orders in
e
under section 75 and in revision under section 76 may confirm, modify or rescind appeals or
od
revision.
the order in appeal or revision or its' execution or may pass such other order as may seem
legal and just in accordance with the provisions of this Act.
aC
(2) The orders of the Collector in appeal or of the 4[Gujarat Revenue
Tribunal] 5[or of the State Government] in appeal or revision shall be executed in
di
the manner provided for the execution of the orders of the Mamlatdar and Tribunal
In
under section 73.
79. Every appeal or application for revision under this Act shall be filed within Limitation.
a period of sixty days from the date of the order of the Mamlatdar, Tribunal or
Collector, as the case may be. The provisions of sections 4, 5, 12 and 14 of the
IX of
1908. Indian Limitation Act, 1908 shall apply to the filing of such appeal or application for
revision]:
[Provided that an appeal against a decision of the Mamlatdar under section 31
6
or 32F or an order passed by the Tribunal under section 32G before the date of the
Guj. XVI commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment)
of 1960. Act, 1960 may be filed within a period of six months from the date of such
commencement.]
80. All inquiries and proceedings before the Mamlatdar, the Tribunal, 7[the Inquiries and
Collector, the 4[Gujarat Revenue Tribunal] and the State Government] shall deemed proceedings
to be judicial
XLV of to be judicial proceedings within the meaning of sections 193, 219 and 228 of the proceedings.
1860. Indian Penal Code.
1. These words were inserted by Bom. 16 of 1948, s. 23.
2. Section 76AA was inserted by Guj. 36 of 1965, s. 10.
3. These words were substituted for the word "Collector", ibid., s. 11.
4. These words were substituted for the word "Bombay Revenue Tribunal" by the Gujarat Adaptation of Laws
State and Concurrent Subjects) (Third Amendment) Order, 1960.
5. These words were inserted by Guj. 36 of 1965, s. 12.
6. This proviso was added by Guj. 16 of 1939, s. 22.
7. These words were substituted for the words "the Collector and the Gujarat Revenue Tribunal" by Guj. 36
of 1965, s. 13.
82 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
Pleaders, etc. [80A. Notwithstanding anything contained in this Act or any law for the time
1
excluded from being in force, no pleader shall be entitled to appear on behalf of any party in any
appearance.
proceedings under this Act before the Mamlatdar, the Tribunal or the Collector:
Provided that the Mamlatdar, the Tribunal or the Collector may, in the interest
of justice for reasons to be recorded in writing, allow the parties to be represented
at their own cost by a pleader:
Provided further that pleader's fees shall not be allowed as part of the costs for
the appearance of a pleader in any such proceedings:
Provided also that if any officer of Government is appointed or declared by a
competent court or is authorised under any law for the time being in force as a
guardian, administrator or manager of the property of a person who is under a legal
disability or is incompetent or unable to manage or to act, such officer shall be entitled
to appear through a representative authorised by him in writing in this behalf in any
proceedings before the Mamlatdar, the Tribunal or the Collector, Such representative
e
may also submit any application and otherwise act on behalf of the officer in any
od
such proceedings.
aC
Explanation.– For the purpose of this section the expression "pleader" includes an
advocate, attorney, vakil or any other legal practitioner.]
di
CHAPTER VII.
In
Offences And Penalties.
Offences 81. (1) Whoever contravences any provision of any of the sections, sub-sections or
and caluses mentioned in the first column of the following Table shall, on conviction, for each
Penalties.
such offence be punishable with fine which may extend to the amount mentioned in that
behalf in the third column of the said Table.
Explanation.—The entries in the second column of the said table headed "Subject"
are not intended as the definitions of offences described in the sections, sub-sections and
clauses mentioned in the first column, or even as abstracts of those sections, sub-sections
and clauses, but are inserted merely as references to the subjects of the section sub-sections
and clauses, the numbers of which are given in the first column.
TABLE
Section, sub-section Subject Fine
or clause may be
imposed
`
1 2 3
2
[ * * * * *
* * * * *
* * * * * ]
1. Section 80A was inserted by Bom. 60 of 1952, s. 3.
2. Entries relating to sections 5, 8 (3) and 9 (3) were deleted by Bom. 13 of 1956, s. 42 (1) (a).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 83
Section, sub-section Subject Fine
or clause may be
imposed
`
1 2 3
Section 11 … Lavy of cess, rate, vero-huk tax, or service which 1,000
has been abolished.
Section 26 (2) … Failure to give written receipt for the amount of rent 100
received.
Section 29 … Taking possession of land or dwelling house contry 1,000
to section 29.
1
[Section 34 A … Failure to furnish particulars of land or furnishing 25]
false particulars.
2
[Section 66A … Failure on the part of the nieghbouring holder to 100]
comply with the order made under this section.
e
(2) An offence for the contravention of the provisions of 3[section 11 or sub-section
(2) of section 26 or section 29] shall be congnizable.
CHAPTER VIII od
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Miscellaneous.
82. (1) The 4[State] Government may make rules for carrying out the purposes of this Rules.
di
Act.
In
(2) In particular and without prejudice to the generality of the foregoing provisions, such
rules may provide for the following matters:—
5
[(a) the other pursuits to be prescribed under clause (2A) of section 2;
(b) the other factors to be prescribed under section 7 and section 9;
(bb) the manner in which the value of crop share or produce shall be determined under
section 9C;]
(c) the penalty to be recovered under section 10 6[or to be inflicted under sub-section
(5) of section 13;]
7
[ * * * * * *]
(e) the fees to be paid for the grant of a certificate and the form of such certificate
under sub-section (3) of section 17;
8
[ 9[* * * * * * * ] the fee to be
paid and the form of certificate, under sub-section (6) of section 17B;]
(f) the manner and the form in which a receipt is to be given by the landlord under
section 26;
1. This entry was inserted by Bom. 38 of 1957, s. 26.
2. This entry was inserted by Bom. 13 of 1956, s. 42 (1) (b).
3. This portion was substituted for the words and figures "section 9 or 11'', ibid., s. 42 (a).
4. This word was substituted for the word "Provincial" by the Adapatation of Laws Order, 1950.
5. These clauses were substituted for the original clauses (a) and (b) by Bom. 13 of 1956, s. 43 (1).
6. These words, brackets and figures were inserted, ibid., s. 43 (2).
7. Clause (d) was deleted by Guj. 5 of 1973, s. 19 (i).
8. This clause was inserted by Bom. 13 of 1953, s. 43 (1).
9. The words, brackets and figures "the manner of making record of rights relating to site and houses thereon
under sub-section (1), and" were deleted by Guj. 5 of 1973, s. 19 (ii).
84 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
1
[(g) the manner of apportionment of rent under section 31D;
(ga) the rules subject to which a tenant shall be entitled to choose the area and location
under section 32C;
2
[(gaa) the manner of giving intimation under sub-section (1A) of section 32F 3[ * * *]]
(gb) the form of public notice under sub-section (1), and the manner of recording
statement under sub-section (2) of section 32 G;
(gc) the form of certificate to be issued under sub-section (1) of section 32M;
(gd) the manner of referring a question for decision under sub-section (3) of section 32Q;]
4
[(gdd) the terms and conditions on which the amount deposited or the amount of price of
land shall be deemed to be the amount of loan granted under sub-section (2) of section 32QQ;]
(h) the terms and conditions for exchange of lands and the form of certificate to be
issued under section 33;
5
[(hh) the period within which and the manner in which particulars of land are to be
furnished to Mamlatdars under section 34A;]
e
6
[(hhh) the circumstances in which and the conditions subject to which, the previous
od
sanction of the collector under sub-section (1) of section 43 may be given;]
7
[(ha) other factors to be taken into consideration for determining reasonable rent under
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section 43B;]
8
[ * * * *]
di
(j) the manner of notifying liquidation schemes sanctioned under section 56;
(k) the conditions subject to which permission to acquire land or interests therein
In
may be granted under section 63;
9
[(ka) other factors to be taken into consideration for determining reasonable price
under section 63A;
10
[(kaa) the form of notice and particulars to be sent under clause(a), the rules subject
to which the Collector may direct the payment of fine under clause (b), the form of and the
time within which a certificate is to be issued under sub-clause (i) of clause (c), of sub-section
(3) and the circumstances in which the period may be extended under the proviso to clause
(b) of sub-section (4), of section 63AA.]
11
[(kaa) the manner and period to fulfill the conditions by purchaseer of the industrial
park under sub-section (4B) of section 63AA;
(kbb) the manner for disposal of land vested in the State Government under sub-section
(v) of section 63AA;]
(kb) the manner in which an offer shall be made and the form in which notice shall
be given under section 64;]
1. These clauses were inserted by Bom. 13 of 1956, s. 43(5).
2. This clause was inserted by Bom. 38 of 1957, s. 27(1).
3. These words, brackets, figures and letters were deleted by Guj. 10 of 2009, s 10(1).
4. Clause (gdd) was inserted by Guj. 8 of 1987, s. 3.
5. This clause was inserted by Bom. 38 of 1957, s. 27(2).
6. Clause (hhh) was inserted by Guj. 15 of 1969, s. 5.
7. This cluase was inserted by Bom. 13 of 1956, s. 43(6).
8. This clause was deleted by Guj. 10 of 2009, s. 10(2).
9. These clauses were inserted by Bom. 13 of 1956, s. 43(7).
10. This clause was inserted by Guj. 7 of 1997, s.4.
11. These clauses were inserted by Guj. 28 of 2015, s.4.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 85
(l) the manner of making inquiry to determine the value of the estate, land or interest
acquired and any other matter to be taken into consideration in determining the value under
section 66;
1
[(la) the form in which an application shall be made and the period within which and
the form in which an agreement shall be executed under section 66A;]
(m) the other functions of the Tribunal under section 68;
(n) the other powers of the Tribunal under section 69;
(o) the other procedure to be followed by the Mamlatdar and Tribunal under section 72;
(p) the value of the court-fee stamp payable on an appliction to the Mamlatdar or
Tribunal or on an application or appeal to the Collector or 2[Gujarat Revenue Tribunal]
under section 77;
3
[(pp) the manner of disposal of land under sub-section (3) of section 84B;]
4
[(pa) the manner of grant of land under section 84C;]
5
[(pb) the period within which and the form in which an application under section 88C
e
shall be made and the form of certificate to be issued under that section;]
od
6
[* * * * * * * * ]
(q) any other matter which is or may be prescribed under this Act.
aC
7
[(2A) Such rules may also provide for the levy of fees for giving copies of, or extracts
from, any document issued under this Act or record maintained under or for the purposes
di
of Act and the scales of such fees.]
In
(3) Rules made under this section shall be subject to the condition of previous
publication in the official Gazette.
8
[(4) All rules made under this section shall be laid before the State Legislature as soon as
may be after they are made and shall be subject to such modifications as the State Legislature
may make during the session in which they are so laid or the session immediately following.]
9
[(5) Any modifications so made by the State Legislature shall be published in the
official Gazette and shall thereupon take effect.]
83. The 10[State] Government may, subject to such restriction and conditions as it may Delegation
impose, by notification in the official Gazette, delegate to any of its officers, not below the of
11
[powers,
rank of an Assistant or Deputy Collector, all or any of the 11[powers conferred or functions
functions and
or duties imposed] on it by this Act. duties].
1. This clause was inserted by Bom. 18 of 1956, s. 43 (8).
2. These words were substituted for the words "Bombay Revenue Tribunal' by the Gujarat Adaptation of
Laws (State and Concurrent Subjects) (Third Amendment) Order, 1960.
3. This clause was inserted by Bom. 38 of 1957, s. 27 (3).
4. This clause was inserted by Bom. 13 of 1956, s. 43(9).
5. This clause was inserted by Bom. 38 of 1957, s. 27(4).
6. Clause (pc) was deleted by Guj. 36 of 1965, s. 14(1).
7. Sub-section (2A) was inserted, ibid., s. 14(2).
8. This sub-section was inserted by Guj. 16 of 1960, s. 23(2).
9. Sub-section (5) was inserted by Guj. 36 of 1965, s. 14(3).
10. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
11. These words were substituted for the words "powers conferred" by Guj. 36 of 1965, s. 11.
86 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
Restriction [83A. (1) No person shall acquire land by transfer where such transfer or acquisition
1
on acquiring is invalid under any of the provisions of this Act.
land by
transfer
which is (2) Any person who acquires land in contravention of sub-section (1) shall, in the
invalid. event of the transfer or acquisition being decided or declared invalid, be liable to suffer, the
consequences under section 84 or 84C as the case may be.]
Summary 84. Any person unauthorisedly occupying or wrongfully in possession of any land—
eviction.
(a) the transfer 2[or acquisition] of which either by the act of parties or by the operation
of law is invalid under the provision of this Act,
(b) the management of which has been assumed under the said provisions, or
(c) to the use and occupation of which he is not entitled under the said provisions
and the said provisions do not provide for the eviction of such persons, may be summarily
e
evicted by the Collector.
Validation
of transfers
3
od
[84A. (1) A transfer of any land in contravention of section 63 or 64 as it stood before
aC
the commencement of the Amending Act, 1955, made after the 28th day of December 1948
made before
appointed (when the Bombay Tenancy and Agricultural Lands Act, 1948, came into force) and before Bom.
15th day of June, 1955 shall not be declared to be invalid merely on the ground that such LXV11
di
day. of
transfer was made in contravention of the said sections if the transferee pays to the State 1948.
In
Government a penalty equal to 4[one percent] of the consideration or ` 100, whichever
is less:
Provided that, if such transfer is made by the landlord, in favour of the tenant in actual
possession, the penalty leviable in respect thereof shall be one rupee:
Provided further that if any such transfer is made by the landlord in favour of any
person other than the tenant in actual possession, and such transfer is made either after the
unlawful eviction of such tenant or results in the eviction of the tenant in actual possession
then such transfer shall not be deemed to be validated 5[unless such tenant has failed to apply
for the possession of the land under sub-section (1) of section 29 within two years from the
date of his eviction from the land.]
(2) on payment of such penalty, the Mamlatdar shall issue a certificate to the transferee
that such transfer is not invalid.
[(3) Where the transferee fails to pay the penalty referred to in sub-section (1) within
6
such period as may be prescribed, the transfer shall be declared by the Mamlatdar to be
invalid and thereupon the provisions of sub-section (3) to (5) of section 84C shall apply:]
1. This section was inserted by Guj. 16 of 1960, s. 24.
2. These words were inserted by Bom. 13 of 1956, s. 44.
3. These sections were inserted, ibid., s. 45.
4. These words were substituted for the words "five percent" by Bom. 63 of 1953, s. 12.
5. These words, brackets and figures were added by Bom. 15 of 1957, s. 14(1).
6. This sub-section was added, ibid., s. 14(2).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 87
[Provided that where the transfer was made in favour of the tenant nothing in this
1
sub-section shall apply to such transfer, if the tenant pays the penalty even after the expiry
of the period prescribed for such payment but before the end of the 31st March1966.]
84B. (1) Where in respect of a transfer or acquisition of any land made on or after Certain
the 15th day of June 1955 and before the commencement of the Amending Act, 1955, the transfers
made between
Mamlatdar, suo motu or on the application of any person interested in such land, has reason appointed
to believe that such transfer or acquisition. day and
commencement
(a) was in contravention of section 63 or 64 as it stood before the commencement of Amending
Act, 1955
of the Amending Act, 1955, or invalid.
(b) is inconsistent with any of the provisions of this Act as amended by the Amending
Act, 1955,
the Mamlatdar shall issue a notice in the prescribed form to the transferor, the transferee or
e
the person acquiring such land, as the case may be, to show cause as to why the transfer or
od
acquisition should not be declared to be invalid and shall hold an inquiry and decide whether
the transfer or acquisition is or is not invalid:
aC
2
[Provided that where the transfer or acquisition was in favour of the tenant in
di
possession of the land and the area of the land so transferred together with the area of other
land, if any, cultivated personally by the tenant did not exceed the ceiling area, such transfer
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or acquisition shall not be declared to be invalid if the tenant pays to the state Government a
penalty of one rupee within such period not exceeding three months as the Mamlatdar may fix.]
(2) If after holding such inquiry the Mamlatdar declares the transfer or acquisition
to be invalid, he shall direct that the land shall be restored to the person from whom it was
acquired, and that the amount of consideration paid, if any, shall be recovered as an arrear
of land revenue from the transferor and paid to the transferee and until the amount is so
fully paid, the said amount shall be a charge on the land.
[(3) If the person to whom the land is directed to be restored refuses to take possession
3
of the land, the Mamlatdar shall, subject to the provisions of section 63A, dispose of the
land by sale in the prescribed manner in the following order of priority:—
(i) the tenant in actual possession of the land if he is not the transferee,
(ii) the persons or bodies in the order given in the priority list.
(4) The amount of price realised under sub-section (3) shall subject to the payment of
any encumbrances subsisting on the land, be paid to the 4[transfer or].
1. This proviso was added by Guj. 36 of 1965, s. 16.
2. This proviso was substituted by Guj. 16 of 1960, s. 25.
3. These sub-sections were inserted by Bom. 38 of 1957, s. 23.
4. This word was substituted for the word "transfer" by Bom. 63 of 1958, s. 13(24).
88 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(5) If the transferee refuses to accept the amount paid to him under sub-section (2) 1[or
the transferor refuses to accept the amount paid to him under sub-section (4)] the amount
shall be forfeited to the State Government.]
Disposal of 84C. (1) Where in respect of the transfer or acquisition of any land made on or after
land, transfer the commencement of the Amending Act, 1955, the Mamlatdar suo motu or on the application
or acquisition of any person interested in such land has reason to believe that such transfer or acquisition
of which is
invalid.
is or becomes invalid under any of the provisions of this Act, the Mamlatdar shall issue a
notice and hold any inquiry as provided for in section 84B and decide whether the transfer
or acquisition is or is not invalid.
(2) If after holding such inquiry, the Mamlatdar comes to a conclusion that the transfer
or acquisition of land to be invalid, he shall make an order declaring the transfer or acquisition
to be invalid, 2[unless the parties to such transfer or acquisition give an undertaking in
writing that within a period of three months from such date as the Mamlatdar may fix, they
shall restore the land alongwith the rights and interest therein to the position in which it
e
was immediately before the transfer or acquisition, and the land is so restored within that
period]:
od
aC
3
[Provided that where the transfer of land was made by the landlord to the tenant of
the land and the area of the land so transferred together with the area of other land, if any,
di
cultivated personally by the tenant did not exceed the ceilling area, the Mamlatdar shall not
declare such transfer to be invalid-
In
(i) if the amount received by the landlord as the price of the land is equal to or less
than the reasonable price determined under section 63A and the transferee pays to the State
Government a penalty equal to ` 1 within such period not exceeding three months as the
Mamlatdar may fix;
(ii) if the amount received by the landlord as the price of the land is in excess of the
reasonable price determined under section 63A and the transferor as well as the transferee
pays to the State Government each a penalty equal to one-tenth of the reasonable price
within such period as may be fixed by the Mamlatdar.]
(3) On the declaration made by the Mamlatdar under sub-section (2),—
(a) the land shall be deemed to vest in the State Government, free from all encumbrances
lawfully subsisting thereon on the date of such vesting and shall be disposed of in the manner
provided in sub-section (4); the encumbrances shall be paid out of the occupancy price in
the manner provided in section 32Q for the payment of encumbrances out of the purchase
price of the sale of land but the right of the holder of such encumbrances to proceed against
the person liable, for the enforcement of his right in any other manner, shall not be affected;
1. This portion was substituted for the word, brackets and figure "or (4)" by Bom. 63 of 1958, s. 13(3).
2. This portion was added by Guj. 16 of 1960, s. 26(1) (a).
3. This proviso was substituted, ibid., s. 6(1) (b).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 89
(b) the amount which was received by transferor as the price of the land shall be
deemed to have been forfeited to the State Government and it shall be recoverable as an
arrear of land revenue; and
(c) the Mamlatdar shall, in accordance with the provisions of section 63A determine
the reasonable price of the land.
(4) After determining the reasonable price, the Mamlatdar shall grant the land on new
and impartible tenure and on payment of occupancy price equal to the reasonable price
determined under sub-section (3) in the prescribed manner in the following order of priority:—
(i) the tenant in actual possession of the land;
(ii) the persons or bodies in the order given in the priority list:
[ [Provided that where the transfer of land was made by the landlord to the tenant
1 2
of the land and area of the land so transferred together with the area of the land, if any,
cultivated personally by the tenant did not exceed the ceiling area then—]
e
(i) 3[if the amount] received by the transferor as the price of the land is equal to or
od
less than the reasonable price, the amount forfeited under sub-section (3) shall be returned
to the transferor and the land restored to the transferee on payment of a penalty of rupee
aC
one in each case; and
(ii) 3[if the amount] received by the transferor as the price of the land is in excess
di
of the reasonable price, the Mamlatdar shall grant the land to the transferee on new and
impartible tenure and on payment of occupancy price equal to one-tenth of the reasonable
In
price and out of the amount forfeited under sub-section (3), the transferor shall be paid back
an amount equal to nine-tenths of the reasonable price.]
(5) The amount of the occupancy price realised under sub-section (4) shall subject
to the payment as aforesaid of any encumbrances subsisting on the land, be credited to the
State Government:
Provided that where the acquisition of any excess land was on account of a gift or
bequest, the amount of the occupancy price realised under sub-section (4) in respect of such
land shall, subject to the payment of any encumbrances subsisting thereon, be paid to the
donee or legatee in whose possession the land had passed on account of such acquisition.
Explanation.—For any purposes of this section "new and impartible tenure" means
the tenure of occupancy which is non-transferable and non-partible without the previous
sanction of the Collector.]
[84CC. (1) Where any person who had surrendered his tenancy in respect of any land Dispossession of
4
L. A. Bill
or part thereof at any time after 31st March, 1957, but before 5th December, 1972, the date land in certain
circumstances
No. 43 of of the publication in the Official Gazette of the Bombay Tenancy and Agricultural Lands to be ineffective.
1972. (Gujarat Amendment) Bill, 1972 ( hereinafter referred to as the latter date ) and had
1. This proviso was added by Bom. 38 of 1957, s. 29.
2. This portion was substituted for the words "Provided that in the case of transfer by the landlord to the tenant
of the land" by Guj. 16 of 1960, s. 26(2) (a).
3. These words were substituted for the words "where the amount", ibid., s. 26(2) (b).
4. Section 84CC was inerted by Guj. 5 of 1973, s. 20.
90 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
continued to remain in actual possession, with or without the consent of the landlord, of
such land or, as the case may be, part thereof till the latter date had been dispossessed of
such land or part thereof by the landlord at any time during the period between the latter
date and the specified date, and the Mamlatdar suo motu or on the application of the person
so dispossessed or of any other person inserted in such land or part thereof has reason to
believe that such dispossession was effected in anticipation in order to defeat the object of
section 32FF, the Mamlatdar shall issue a notice in the prescribed form to the landlord to
show cause as to why such dispossession should not be declared to have been effected in
anticipation in order to defeat the object of section 32FF.
(2) If after hearing the landlord and holding such inquiry as the Mamlatdar thinks fit,
the Mamlatdar declares that the dispossession was effected in anticipation in order to defeat
the object of section 32FF, he shall direct that the land or, as the case may be, part thereof,
shall be restored to the person who has been dispossessed.
(3) If the person to whom the land, or, as the case may be, part thereof, if directed to
be restored refuses to take possession thereof, the land shall be deemed to vest in the State
e
Government free from all encumbrances lawfully subsisting thereon on the date of such
od
vesting and shall be disposed of in the manner provided in sub-section (4) of section 84C.
aC
(4) If the person to whom the land, or as the case may be, part thereof, is directed
to be restored takes possession thereof, such person shall be deemed to have continued to
di
remain in actual possession thereof during the period of dispossession as if he had not been
dispossessed of such land, or, as the case may be, part thereof.]
In
Temporary [84D. (1) Where any land has become liable to be disposed of under 2[section 32P,
1
leases of land
section 37 or section 84C], and the Collector or, as the case may be, the Mamlatdar considers
liable to be
disposed of that such disposal is likely to take time and that with a view to preventing the land remaining
under section uncultivated it is necessary to take such a step, he may lease the land for cultivation to any
32P or 84C. agriculturist who has under personal cultivation land less than the ceiling area, subject to
the following conditions :—
(i) the lease shall be for a period of one year;
(ii) the lessee shall pay rent at the rate fixed by the Mamlatdar and applicable to the
land under section 9;
(iii) the lessee shall be liable to pay the land revenue and the other cesses specified in
sub-section (1) of section 10A and payable in respect of the land;
(iv) if the lessee fails to vacate the land on the expiry of the term of the lease, he shall
be liable to be summarily evicted by the Mamlatdar.
(2) The person holding land on lease under sub-section (1) shall not be deemed to be
a tenant within the meaning of this Act.
1. This section was inserted by Bom. 38 of 1957, s. 30.
2. These words, figures and letters were substituted for the words, figures and letters "section 32P or 84C" by
Guj. 5 of 1973, s. 21(i).
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 91
(3) The amount of rent realised under sub-section (1), shall be—
(a) paid to the owner of the land, where the land is liable to be disposed of under
section 32P, and
(b) forfeited to Government, where the land is liable to be disposed of under 1[section
37 or section 84C].]
85. (1) No Civil Court shall have jurisdiction to settle, decide or deal with any question Bar of
which is by or under this Act required to be settled, decided or dealt with by the mamlatdar or jurisdiction.
Tribunal, a manager, 2[the Collector, the Gujarat Revenue Tribunal or the State Government]
in appeal or revision or the 4[State] Government in exercise of their powers of control.
(2) No order of the Mamlatdar, the Tribunal, the Collector or the 3[Gujarat Revenue
Tribunal] or the 4[State] Government made under this Act shall be questioned in any civil
or criminal court.
Explanation.—For the purposes of this section a Civil Court shall include a
e
Bom. II of 1906. Mamalatdar's Court constituted under the mamlatdar's Courts Act, 1906.
od
[85A. (1) If any suit 6[instituted, whether before or after the specified date in any Suits involving
5
aC
Civil Court] involves any issues which are required to be settled, decided or dealt with by issues required
to be decided
any authority competent to settle, decide or dealt with such issues under this Act (hereinafter under this Act.
di
referred to as the "competent authority") the Civil Court shall stay the suit and refer such
issues to such competent authority for determination.
In
(2) On receipt of such reference from the Civil Court, the competent authority shall
deal with and decide such issues in accordance with the provisions of this Act and shall
communicate its decision to the Civil Court and such court shall thereupon dispose of the
suit in accordance with the procedure applicable thereto.
Explanation.—For the purpose of this section a Civil Court shall include a Mamalatdar's
Bom. II of 1906. Court constituted under the mamlatdar's Courts Act, 1906.]
86. In all matters connected with this Act, the 4[State] Government shall have the same Control.
authority and control over the Mamlatdars and the Collectors acting under this Act as they
have and exercise over them in the general and revenue administration.
87. No suit or other legal proceeding shall lie against any person in respect of anything Indemnity.
which is in good faith done or intended to be done under this Act.
1. These words, figures and letter were substituted for the word, figures and letter "section 84C" by Guj. 5 of
1973, s. 21(ii).
2. These words were substituted for the words "the Collector or the Gujarat Revenue Tribunal" by Guj. 36 of
1965, s. 17.
3. These words were substituted for the words "Bombay Revenue Tribunal" by the Gujarat Adaptation of Laws
(State and Concurrent Subjects) (Third Amenment) Order, 1960.
4. This word was substituted for the words "Provincial" by the Adaptation of Laws Order, 1960.
5. This section was inserted by Bom. 13 of 1956, s. 46.
6. These words were substituted for the words "instituted in any Civil Court" by Guj. 5 of 1973, s. 22.
92 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
Saving in respect 1
[87A. Nothing in this Act shall affect the provisions of any of the Land Tenures
of provisions of
Land Tenures
Abolition Acts, specified in Schedule III to this Act, in so far as such provisions relate to
Abolition Acts. the conferment of right of an occupant in favour of any inferior holder or tenant in rspect
of any land held by him.]
Exemption to [88. 3[(1)] 4[Save as otherwise provided in sub-section (2), nothing in the foregoing
2
Government
lands and provisions of this Act] shall apply—
certain other
lands. (a) to lands belonging to, or held on lease from, the government;
5
[(aa) to lands held or leased by a local authority; ]
(b) to any area which the State Government may, from time to time, by notification in
the official Gazette, specify as being reserved for non-agricultural or industrial development:
6
[Provided that if after a notification in respect of any area specified in the notification
is issued under this clause, whether before or after the commencement of the Bombay
Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965, the limits of the area so Guj. 36 of 1965.
specified are enlarged on account of the addition of any other area thereto, then merely by
e
reason of such addition, the reservation as made by the notification so issued shall not apply
od
and shall be deemed never to have applied to the area so added, notwithstanding anything
to the contrary contained in any judgement, decree, or order of any court, tribunal or any
other authority:
aC
Provided further that if any land in the area so added has been transferred or acquired
after the issue of the notification referred to in the first proviso but before the 29th day of
di
October, 1964, such transfer or acquisition of land shall have effect as if it were made in an
In
area to which this clause applies];
(c) to an estate or land taken 7[* * * * * ] u n d e r t h e
anagement of the Court of words 8[or of a Government Officer appointed in his official
capacity as a guardian under the Guardians and wards Act, 1890 or to the lands taken under VIII of 1890.
management temporarily by the Civil, Revenue or Criminal Courts by themselves or through
the receivers appointed by them till the decision of the title of the rightful holders;
[(d) to an estate or land taken under management by the State Government under
9
chapter IV 10[except as provided in the said chapter IV and in sections 80A, 82, 83,84, 85,
86 and 87:]
Provided that with effect from the date on which such estate or land is released from
such management, the foregoing provisions of this Act shall apply thereto and in the case
1. These section was inserted by Bom. 13 of 1956, s. 47.
2. These sections were substituted for the original section 88, ibid., s. 48.
3. Section 88 was renumbered as sub-section (1) of that section by Guj. 16 of 1960, s. 27.
4. These words, brackets and figure were substituted for the words "Nothing in the foregoing provisions of this
Act", ibid, s. 27 (1) (i).
5. Clause (aa) was inserted by Guj. 36 of 1965, s. 18 (1) (i).
6. These proviso were added, ibid., s. 18 (1) (ii).
7. The words "under management of the State Government under Chapter IV or section 65 or" were deleted by
Bom. 15 of 1957, s. 15 (1) (a).
8. These words and figures were inserted, ibid., s. 15 (1) (b).
9. This clause was inserted, ibid., s. 15 (2).
10. These words and figures were substituted for the words and figures "or section 65 except as provided in the
said chapter IV or section 65, as the case may be, and in section 66" by Guj. 10 of 2009, s. 11.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 93
of a tenancy (other than a permanent tenancy) subsisting on such date in respect of any
land in such estate or such land, the landlord shall be entitled to terminate such tenancy
under section 31 within one year from such date and the tenant 1[shall be decemed to have
purchased] the land under section 32 2[on the expiry] of the period during which such
landlord is entitled to terminate the tenency under section 31. The provisions of sections 31
to 31D (both inclusive) and 32 to 32R (both inclusive) shall, so far as may be applicable,
apply to such termination of tenancy and to the right of the tenant to purchase the land:
3
[Provided further that—
(1) in the case of a permanent tenancy the permanent tenant shall be deemed to have
purchased the land held by him on permanent tenancy on the date on which the estate or land
is released from management or has ceased to be subject to the provisions of this section as
aforesaid, whether such release or cesation was before or after the commencement of the
Guj. XVI of 1960. Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960, and
e
(2) the provisions of sections 32 to 32R shall so far as may by applicable apply to the
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purchase of land by the permanent tenant under this section.]
aC
4
[Explanation.—For the purposes of 5[clause (a) of this sub-section] land held
as inam or watan for service useful to Government and assigned as remuneration to the
person actually performing such service for the time being under section 23 of the Bombay
di
Bom. II of 1874. Hereditary Offices Act, 1874, or any other law for the time being in force shall be deemed
In
to beland belonging to Government.]
6
[(1A) Where under the first proviso to sub-section (1) as it was in force before the
date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat
Guj. XVI of 1960. Amendment) Act, 1960 (hereinafter referred to in this sub-section as "the said date") a
landlord was entitled to terminate under section 31 the tenancy of any land after
the 1st August, 1956, but within a period of one year from the date on which the land was
released from management and the tenant had a right to purchase the land within one year
from the expiry of that period, the tenant shall—
(i) if the period for exercising the right of purchase had commenced under the aforesaid
proviso before the said date, then whether the period had expired or not be deemed to have
purchased the land on the expiry of the period during which the landlord was entitled to
terminate the tenancy, and
(ii) in any other case, be deemed to have purchased the land on the date on which the
period for exercising the said right would have commenced under the aforesiad proviso.
The provisions of section 31 to 31D (both inclusive and sections 32 to 32 R (both inclusive)
1. These words were substituted for the words "shall have the right to purchase" by Guj. 16 of 1960, s. 27(1)(ii).
2. These words were substituted for the words "within one year from the expiry", ibid.
3. This proviso was inserted, ibid., s. 27 (1)(iii).
4. This Explanation was added by Bom. 63 of 1958, s. 15.
5. These words, brackets and letter were substituted for the words, brackets and letter "clause (a) of this section"
by Guj. 16 of 1960, s. 27(1)(iv).
6. Sub-section (1A) was inserted by Guj. 36 of 1965, s. 18(2).
94 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
shall, so far as may be applicable, apply and shall be deemed always to have applied to
such termination of tenancy and to the right of the tenant to purchase the land.]
1
[(2) If any land held on lease from Government or any part thereof—
(i) is held at the commencement of the Bombay Tenancy and Agricultural Lands Guj.
(Gujarat Amendment) Act, 1960 by a person under a sub-lease from the lessee and is XVI
of 1960.
cultivated personally by such person, or
(ii) is sub-leased after the commencement of the Bombay tenancy and Agricultural Guj.
Lands (Gujarat Amendment) Act, 1960 by the lessee to any person for cultivation and XVI
of 1960.
such sub-leasing of the land or part thereof is authorised in accordance with the terms of
the lease, then all the provisions of this Act except sections 32 to 32R (both inclusive) and
section 43 shall notwithstanding anything contained in such lease, apply to the land, or
as the case may be, the part thereof, held under such sub-lease, as if the person holding it
under such sub-lease were a tenant within the meaning of section 4 of this Act and lessee
were the landlord:
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Provided that in the case of a sub-lease subsisting on the date of the commencement
od
Guj.
of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960, the XVI
of 1960.
lessee shall be entitled to terminate under section 31 the sub lease within one year from
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such date and the provisions of sections 31 to 31D (both inclusive) shall, so far as may
be applicable, apply to the termination of the sub-lease.
di
Explanation.—In sub-section (2) of this section references to a lease include a
In
reference to a person to whom the entire interest in the land held on lease, or in any part
thereof has been transferred or assigned.]
88A-I [Special provisions in respect of tenants of certain lands in villages specified
in Schedule IV] Inserted by Bom63 of 1958. s. 16 was deleted by the Gujarat Adaptation
of laws (State and Concurrent Subjects) (Third Amendement) Order, 1960.
Provisions 88A. Nothing in the foregoing provisions shall apply to land transferred to or by a
of Act not to
apply to land Bhoodan Samiti recognized by the State Government in this behalf.
transferred to
or by Bhoodan
Samiti.
Exemption 88B. 2[(1)] Nothing in the foregoing provisions, except sections 3, 4B, 8, 9, 9A,
from certain
9B, 9C, 10, 10A, 11, 13 and 27 and the provisions of Chapters VI and VIII in so far as
provisions to
lands to local the provisions of the said Chapters are applicable to any of the matters referred to in the
authorities, sections mentioned above, shall apply—
universities
and trusts.
(a) to lands held or leased by a 3[ * * *] University established by law in the
4
[Bombay area of the state of Gujarat]; and
1. This sub-section was inserted by Guj. 16 of 1960, s. 27 (2).
2. Section 88B was renumbered as sub-section (1) of that section by Bom. 33 of 1957, s. 31.
3. The words "local authority or" were deleted by Guj. 36 of 1965, s. 19 (1).
4. These words were substituted for the words "Pre-Re organisation State of Bombay excluding the transferred
territories" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment) Order,
1960.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 95
(b) to lands which are the property of a trust for an educational purpose 1[a hospital,
Panjrapole.] 2[or Gaushala];
3
[(c) to lands assigned or donated by any person before the 1st day of August, 1956, for
the purpose of rendering any of the following services useful to the community, namely:—
maintenance of water works, lighting or filling of water throughs for cattle:]
Provided that —
Bom. (i) such trust is or is deemed to be registered under the Bombay Public Trusts Act,
XXIX 1950, and
of 1950.
(ii) the entire income of such land is appropriated for the purposes of such trust.
4
[(2) For the purposes of this section a certificate granted by the Collector, after
holding an inquiry, that the conditions in the proviso to sub-section (1) are satisfied by any
trust shall be conclusive evidence in that behalf.]
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[(3) Notwithstanding anything contained in sub-section (1), nothing in the foregoing
5
provisions of this Act shall apply to lands leased for cultivation with the help of sewage,
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whether before or after the commencement of the Amending Act, 1955 by a local authority in
discharge of its duties and functions relating to the establishment and maintenance of a farm
di
for the disposal of sewage under the law under which such local authority is consitituted.]
In
Guj. 88C. (1) 6[Save as otherwise provided by the Bombay Tenancy and Agricultural Lands Exemption
XVI from certain
(Gujarat Amendment) Act, 1960, nothing in sections] 32 to 32R (both inclusive) shall apply provisions to
of 1960.
to lands leased by any person if such land does not exceed an economic holding and lands leased by
the total annual income of such person including the rent of such land does not exceed ` persons with
1,500: the annual
income not
Porvided that the provisions of this sub-section shall not apply to any person who exceeding
` 1,500.
holds such land as a permanent tenant or who has leased such land on permanent tenancy
to any other person.
[(2) Every person eligible to the exemption provided in sub-section (1) shall make an
7
application in the prescribed from to the Mamlatdar within whose jurisdiction all or most
of the pieces of land leased by him are situate, within the prescribed period for a certificate
that he is entitled to such exemption]:
1. These words were substituted for the word "hospital" by Bom. 15 of 1957, s. 16.
2. These words were substituted for the words "Gaushala or an institution for public religious worship" by Guj.
16 of 1969, s. 31, Sch. item (1).
3. Clause (c) was added by Bom. 63 of 1958, s. 17.
4. Sub-section (2) was inserted by Bom. 38 of 1957, s. 31.
5. Sub-section (3) was inserted by Guj. 36 of 1965, s. 19(2) with effect on and from the date on which Amending
Act, 1955 came into force.
6. These words, brackets and figures were substituted for the words "Nothing in section" by Guj. 16 of 1960,
s. 28(1).
7. These Sub-section were substituted for the original sub-section (2) by Bom. 38 of 1957, s. 32.
96 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
[Provided that where such person is a widow she may make such application
1
before the 1st day of July, 1961, notwithstanding that the period prescribed under
this section has expired.]
(3) On receipt of such application, the Mamlatdar shall after giving notice to the
tenant or tanants of the land, hold inquiry and decide whether the land leased by
such person is exempt under sub-section (1) from the provisions of sections 32 to
32R.
(4) If the Mamlatdar decides that the land is so exempt, he shall issue a certificate
in the prescribed form to such person.
2
[ * * * * * * ]
Rights of [88CC. Notwithstanding anything contained in this Act, a tenant who does
3
certain tenants
to purchase
not belong to any of the Scheduled Tribes shall not, after the commencement of
land barred. the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 be entitled to
purchase from the landlord under this Act, any land leased to him with the previous Guj. 37
of 1980.
sanction of the Collector under section 73AA of the of the Bombay Land Revenue Bom. V
e
Code, 1879.
od
of 1879.
Explanation.–For the purpose of this section, "Schedule Tribes" means such tribes
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or tribal communities or part of or groups within such tribes or tribal communities
as are deemed of the Scheduled Tribes in relation to the State of Gujarat under
article 342 of the Constitution.]
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Sections 32 4
[88CA. Nothing in section 32 to 32R (both inclusive) shall apply to land held
In
to 32R not to as inam or watan for service useful to Government but not assigned as remuneration
apply to certain
service lands.
to the person actually performing such service for the time being under section 23
Bom. III
of the Bombay Hereditary Offices Act, 1874, or any other law for the time being of 1874.
in force.]
Power of [88D. (1) Notwithstanding anything contained in sections 88, 88A, 88B and
5
Government
to withdraw 88C, if the State Government is satisfied,–
exemption.
(i) in the case of an area referred to in clause (b) of section 88, that the chances
of non-agricultural or industrial development are remote, or that after the eviction of
tenants from any land in such area, the land has not been used for a non-agricultural
or industrial purpose,
(ii) that the lands transferred by a Bhoodan Samiti are not cultivated personally
by the transferees or are alienated by them,
(iii) in the case of lands referred to in clause (b) of section 88B, that the trust
is unable to look after the property or has mismanaged it or that there are disputes
between the trust and the tenants, and
(iv) in the case of lands referred to in section 88C, that the annual income of
the person has exceeded ` 1,500 or that the total holding of such person exceeds an
economic holding, the State Government may, by order published in the prescribed
1. This proviso was inserted by Guj. 16 of 1960, s. 28(2).
2. Sub-section (5) was deleted, ibid., s. 28(3).
3. Section 88CC was inserted by Guj. 37 of 1980, s. 5, Sch., Sr. No. 1(2).
4. Section 88CA was inserted by Bom. 63 of 1958, s. 18.
5. This section was substituted for the original by Bom. 38 of 1957, s. 33.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 97
manner, direct that with effect from such date as may be specified in the order such
land or area, as the case may be, shall cease to be exempted from all or any of
the provisions of this Act form which it was exempted under any of the sections
aforesaid, and any certificate granted under section 88B or 88C, as the case may
be, shall stand revoked.
(2) Where any such land or area ceases to be so exempted than in the case of
a tenancy subsisting on the date specified in the order issued under sub-section (1),
the landlord shall be entitiled to terminate such tenancy under section 31 within one
year from such date and the tanant, unless his tenancy is so terminated, shall have
a right to purchase the land within one year from the expiry of the period during
which such landlord is entitled to terminate the tenancy. The provisions of sections
31 to 31D (both inclusive) and sections 32 to 32R (both inclusive) shall so as far
may be applicable, apply to such termination of tenancy and to the right of the tenant
to purchase the land.]
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[88E. (1) Notwithstanding anything contained in section 88B, with effect on and Cessor of
1
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from the specified date lands which are the property of an institution for public exemption
religious worship shall cease to be exempted from those provisions of the Act except in respect of
certain public
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sections 31 to 31D (both inclusive) from which they were exempted under section 88B trust lands.
and all certificates granted under that section in respect of such lands shall stand
revoked.
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(2) Where any such land ceases to be so exempted, then in the case of a tenancy
subsisting immediately before the specified date the tenant shall be deemed to have
purchased the land on the specified date and the provisions of sections 32 to 32R
(both inclusive) shall so far as may be applicable, apply.
Guj. 16 Explanation.–In this section "specified date" means the date of the commencement
of 1969. of the Gujarat Devasthan Inams Abolition Act, 1969.]
89. (1) The enactment specified in 2[Schedule I] is hereby repealed to the extent Repeal.
mentioned in the fourth column thereof.
(2) But nothing in this Act or any repeal effected thereby–
Bom. V (a) shall affect the amendments made in section 59 of the Bombay Land
of 1879. Revenue Code, 1879, or sections 6 and 9 of the Khoti Settlement Act, 1880;
Bom. I of
1880.
(b) shall, save as expressly provided in this Act, affect or be deemed to
affect,–
(i) any right, title, interest, obligation or liability already acquired, accrued
or incurred before the commencement of this Act, or
1. Section 88E was inserted by Guj. 16 of 1969, s. 31, Sch., Item (2).
2. These word and figure were substituted for the words "the Schedule" by Bom. 13 of 1956, s. 49.
98 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
(ii) any legal proceeding or remedy in respect of any such right, title, interest,
obligation or liability or anything done or suffered before the commencement of
this Act,
and any such proceedings shall be continued and disposed of, as if this Act was not
passed.
(3) Notwithstanding anything contained in sub-section (2), all proceedings for the
recovery or restoration of the possession of the land under section 7 of the Act so
repealed, pending at the date of the commencement of this Act before the Mamlatdar
or in appeal before the Collector, shall, notwithstanding anything contained in this
section, be deemed to have been instituted and pending before the Mamlatdar or in
appeal before the Collector, at the case may be, under this Act and shall be disposed
of in accordance with the provisions of this Act.
(4) Any appointment, notification, notice, order, rule or form made or issued under
e
the Bombay Tenancy Act, 1939, shall continue to be inforce and deemed to have
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Bom.
been made or issued under the provisions of this Act, in so far as such appointment, XXIX of
notification, notice, order, rule or form is not inconsistent with the provisions of this 1939.
aC
Act or rules made thereunder and shall continue to be in foce unless and until it
is superseded by any appointment, notification, notice, order, rule or form made or
di
issued under this Act.
In
Enactments [90. The enactments specified in Schedule II shall be amended to the extent
1
amended. mentioned in the fourth column thereof.]
[SCHEDULE I]
2
Enactment repealed.
(See section 89).
Year No. Short title Extent of repeal
4
1 2 3
1939 XXIX The Bombay Tenancy The whole except sections 3,3A and 4 as
Act, 1939. modified in the following manner, namely:–
Protected 3. A tenant shall be deemed to be a
tenants. protected tenant in respect of any land if–
(a) he has held such land continuously
for a period of not less than six years
immediately preceding either–
(i) the first day of January 1938, or
(ii) the first day of January 1945, and
1. This section was inserted by Bom. 13 of 1956, s. 50.
2. This Schedules was numbered as "Schedule 1", ibid., s. 51.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 99
SCHEDULE I–contd.
Year No. Short title Extent of repeal
1 2 3 4
(b) he has cultivated such land personally,
during the aforesaid period.
Explanation I.–If the person who held such land
on the first day of January 1938 or the first day of
January, 1945, as the case may be, came to hold the
same by inheritance or successsion from another
person or if he has held such land as a tenant and
is an heir to such other person, the period during
which such other person held such land as a tenant
shall be included in calculating the period of six
years under this section.
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Explanation II.–If the person who held such land
on the first day of January 1938 or the first day of
January 1945, as the case may be, held as a tenant
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at any time within six years before the said date
from the same landlord in the same village any
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other land which he cultivated personally, the
period during which he held such other land shall
In
be included in calculating the period of six years
under this section.
Explanation III.–Where any land is held by two or
more persons jointly as tenants, all such persons
shall, if any one of them cultivated and continues
to cultivate such land personally and if the other
conditions specified in this section are fulflled, be
deemed to be protected tenants in respect of such
land.
3A. Every tenant shall from the eighth day of Tenants on expiry
November, 1947 be deemed to be a protected of one year from
coming into force
tenant for the purposes of this Act and his rights
of Bom. XXVI of
as such protected tenant shall be recorded in the 1946 to be deemed
Record of Rights unless his landlord has prior protected tenants.
to the aforesaid date made an application to the
Mamlatdar for declaration that the tenant is not a
protected tenant.
Explanation.–A person shall not be deemed to
be a protected tenant if such person has been
on an application made by the owner of the
land as provided in section 3A of the Bombay
Bom.
Tenancy Act, 1939, declared by a competent
XXIX of
1938. authority not to be a protected tenant.
100 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
SCHEDULE I–contd.
Year No. Short title Extent of repeal
1 2 3 4
Tenants evicted after 4. (1) Every tenant shall be deemed to be protected
1st April 1937 to be deemed tenant for the purposes of this Act, if he –
protected tenants.
(a) held any land and cultivated it personally
continuously for a period of not less than six
years immediately preceding the 1st day of April,
1937 and was evicted from such land on or after
such date otherwise than by order of a competent
authority on any of the grounds specified in section
14 of this Act, or
(b) held any land and cultivated it personally
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continuously for a period of not less than six years
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immediately preceding the first day of April, 1944
and was evicted from such land on or after such date
aC
otherwise than by order of a competent authority on
any of the grounds specified in section 14 of this
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Act :
Provided that any tenant who had been evicted
In
from the land in consequence of his failure to tender
the rent referred to in section 9 of the Bombay Small
Holders Relief Act, 1938, as provided therein, snall Bom. VIII of 1938.
not be deemed to be a protected tenant for the purpose
of this Act, unless he had paid to the landlord such rent
in cases falling under clause (a) within four months
from the date on which this section came into force
in the area in which the land is situated and in cases
falling under clause (b) within six months from the
eighth day of November, 1946.
(2) A person who is deemed to be a protected tenant
under sub-section (1) shall, if he had intimated
in writing to the landlord in cases falling under
clause (a) of sub-section (1) within one year after
the coming into force of this section in the area in
which the land is situated and in cases falling under
clause (b) of sub-section (1) within one year after
the eighth day of November 1946, that he is willing
to hold the land on the same terms and conditions on
which he held it at the time when he was evicted be
entitled to recover possession of the land–
(a) in cases falling under clause (a) of sub-section
(1)–
(i) if the land has been leased out by the landlord
for a period expiring after the 31st day of May
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 101
SCHEDULE I–contd.
Year No. Short title Extent of repeal
1 2 3 4
immediately following the date of the coming into
force of this section in the area in which the land is
situated, from the date on which such lease expires;
and
(ii) in other cases, from the 1st day of June immediately
following the date of the coming into force of this
section in the area in which the land is situated;
(b) in cases falling under clause (b) of sub-section
(1)–
(i) if the land has been leased out by the landlord for a
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period expiring after 31st day of May from the date
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on which such lease expires ;
(ii) in other cases from the 1st day of June 1947 and
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on so recovering possession, he shall subject to the
provisions of this Act, hold the land on the said
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terms and conditions.
(3) The provisions of this section shall not apply in
In
cases where the landlord is using the land for any of
the purpose mentioned in sub-section (1) of section
34 of this Act.
1
[SCHEDULE II
(See sections 10A and 90)
Year No. Short title Extent of amendment
1 2 3 4
1879 V The Bombay Land 2
[(1A) In section 80, for the words 'through non-
Revenue Code, payment by the occupant of the land revenue due
1879. on account thereof, it shall be lawful for any person
intrested to pay on behalf of such occupant', the
words 'through non-payment of the land revenue
due on account thereof by the person primarily
liable for payment of it, it shall be lawful for any
person interested to pay on behalf of such person'
shall be substituted].
1. These Schedules were inserted by Bom. 13 of 1956, s. 51.
2. This entry was inserted by Bom. 63 of 1958, s. 19.
102 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
SCHEDULE — II—contd.
Year No. Short title Extent of amendment
1 2 3 4
(1) After section 84, the following section shall be
Section 83 inserted, namely :—
and 84 act
"84-IA. The provisions of sections 83 and 84 shall
to apply
cause to apply to tenacies to which the provisions
to certain Bom. LXVII 1918.
of the Bombay Tenancy and Agricultural Land Act,
tenancies.
1948, apply."
(2) In section 86, for the proviso, the following shall be
substituted, namely:—
"Provided that such application shall be made before
the expiry of the year immediately succeeding the
revenue year or the year of the tenancy in which the
e
said rent or land revenue became payable."
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(3) In section 136, to sub-section (1) the following
proviso shall be added, namely:—
aC
"Provided that in the case of any land in the
possession of a tenant, if such tenant is liable to
di
pay land revenue in respect of such land under the
provisions of the Bombay Tenancy and Agricultural Bom. LXVII 1948.
In
Lands Act, 1948, such tenant shall be primarily
liable for the payment of the land revenue in respect
of such land."
1879 VII The Bombay Irrigation In section 56 (D), for the proviso to sub-section (i) the
Act, 1879. following shall be substituted namely:—
"Provided that in the case of any land in the possession
of a tenant, if such tenant is liable to pay irrigation cess
in respect of such land under the provisions of the
Bombay Tenancy and Agricultural Lands Act, 1948,
Bom. LXVII 1948.
such tenant shall be primarily liable to pay the irrigation
cess, in respect of such land."
1923 VI The Bombay Local To section 96, the following proviso shall be added,
Boards Act, 1923. namely:—
"Provided that in the case of any land in the possession of
a tenant, if such tenant is liable to pay the cess in respect of
such land under the provisions of the Bombay Tenancy and Bom. LXVII 1948.
Agricultural Lands Act, 1948, such tenant shall be primarily
liable for the payment of the cess in respect of such land."
1925 VII The Bombay Co- In section 24AA—
operative Societies Act, (1) in clause (i)—
1925. (a) after the words "owns any land" the words
"or has interest in any land as a tenant" shall
be inserted.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 103
Year No. Short title Extent of amendment
1 2 3 4
(b) for the words "on the land owned by him and
specified therein" the words "on such land
of interest specified the declaration" shall be
substituted.
(2) after clause (ii), the following clauses shall be inserted
namely:—
(ii-a) any person who has borrowed a loan from a so-
ciety of which he is a member before the equate
of the coming into force of the Bombay Tenancy
and Agricultural Lands (Amendment) Act, 1955
and has any interest in land as a tenant shall, as
soon as possible, make a declaration, in the form
e
and to the effect referred to in clause (i) and no
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such person shall unless and until he has made
such declareation be entitled to exercise any right
as member of the society;"
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(3) in clauses (iii), (iv), (vi) and (vii) for the words,
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brackets and figures "or (ii)" wherever they occur
the brackets, figures letter and word "(ii) or (ii-a)"
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shall be substituted'
(4) in clauses (iv), after the words "of the land" the
words "or interest therein" shall be inserted;
(5) in clause (vi), after the words "on the land" the
words "or interest" shall be inserted;
(6) in clause (vii), after the words "on land" the words
"or interest" shall be inserted;
SCHEDULE III
(See sections 32G (6) and 87 A]
List of Land Tenures Abolition Acts.
1. The Bombay Bhagdari and Narwadari Tenures Abolition Act, 1948, (Bom. XXXII of
1949).
2. The Bombay Maleki Tenure Abolition Act, 1949 (Bom. LXI of 1949).
3. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bom. LXII of 1949).
4. The Panchmahals Mehwassi Tenure Abolition Act, 1949 (Bom. LXIII of 1949).
5. The Bombay Kheti Abolition Act, 1949 (Bom. VI of 1950).
104 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
SCHEDULE III-Contd.
6. The Bombay Paragrana and Kulkarni Watans (Abolition) Act, 1950 (Bom. LX of 1950).
7. The Bombay Watwa Vazifdari Rights Abolition Act, 1950 (Bom. LXII fo 1950).
8. The Salsette Estates (Land Revenue Exemption Abolition) Act, 1951 (Bom. LXVII of
1951).
9. The Bombay Land Tenures Abolition (Amendment) Act, 1953 (Bom. XXXVIII of
1953).
10. The Bombay Personal Inams Abolition Act, 1952 (Bom. XLII of 1953).
11. The Bombay Merged Territories (Ankadia Tenure Abolition) Act, 1953 (Bom. LXIII
of 1953).
12. The Bombay Kauli and Katuban Tenures (Abolition) Act, 1953 (Bom XLIV of 1953).
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od
13. The Bombay Merged Territories (Baroda Mulgiras Tenure Abolition) Act, 1953 (Bom.
XLV of 1953).
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14. The Bombay Merged Territories (Baroda Watan Abolition) Act, 1953 (Bom. XLVI of
1953).
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15. The Bombay Merged Territories Matadari Tenure Abolition Act, 1953 (Bom. XLVIII
of 1953).
16. The Bombay Service Inams (Useful to Community) Abolition Act, 1953 (Bom. LXX
of 1953).
17. The Bombay Merged Territories (Janjira and Bhor) Khoti Tenure Abolition Act, 1953
(Bom. LXXI of 1953).
18. The Bombay (Okhamandal Salami Tenure Abolition ) Act, 1953 (Bom. I of 1954).
19. The Bombay Merged Territories and Area (Jagirs Abolition) Act, 1953 (Bom. XXXIX
of 1954).
20. The Bombay Bhil Naik Inams Abolition Act, 1955 (Bom. XXI of 1955).
21. The Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 (Bom.
XXII of 1955).]
SCHEDULE IV
[Inserted by Bom. 63 of 1958, s. 20 was Deleted by the Gujarat Adaptation of Laws
(State and Concurrent Subjects) (Third Amendment) Order, 1960].
------------------
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About this act
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India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2018-12-03. Check the linked official text and subsequent notifications when applying a provision.