AND FOR PURCHASE OF THEIR LANDS BY TENANTS.

In this Chapter, unless the context requires otherwise, 'landlord' means a landlord (including a certified landlord within the meaning of section 88C) 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 widow, son, son's son, unmarried daughter, father or mother.

43-1B.

1. (1) Notwithstanding anything contained in the foregoing provisions of this Act, but subject to the provisions of this section, it shall be lawful to a landlord at any time after the commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965, to terminate the tenancy of any land and obtain possession thereof, but-
   • (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 Collector on inquiry is satisfied that such share has (regard being had to the assessment, classification and value of land) been separated by metes and bounds in the same proportion as his share in the entire joint family property and not in a larger proportion.
2. (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 : Provided that in the case of a landlord ceasing to be a serving member of the armed forces or dying while being or after ceasing to be such member, whether before or after the commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965, such notice shall be given and such application be made not later than the date of the expiry of a period of two years-
   • (a) from the date of such cesser or as the case may be, death, or
   • (b) from the date of the commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965 whichever event occurs later.
3. (3) Nothing in this Chapter shall-
   • (a) apply to a tenancy of land created (after obtaining possession thereof under the provisions of this Chapter) by a landlord who has ceased to be a serving member of the armed forces; but the provisions of section 32-0 shall apply to such tenancy as they apply in relation to a tenancy created after the tiller's day;
   • (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 have not been attested, to terminate the tenancy of his land under this section.
4. (4) Nothing in the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, shall affect the termination of any tenancy under this Chapter. 43-1C. All proceedings for recovery or restoration of possession of land filed under section 31 or 32T by a landlord pending immediately before the commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965 before a Mamlatdar shall, (subject to any rules made as respects such transfer or any matter incidental thereto) on such commencement, stand transferred to the Collector, and all such proceedings pending in appeal before the Collector or in revision before the Gujarat Revenue Tribunal shall likewise stand transferred to the State Government; and such proceedings shall be deemed to have been instituted for restoration of the land before the Collector under section 43-1B, or as the case may be, pending in revision before the State Government under section 73A and be disposed of accordingly. 43-1D.
5. (1) Notwithstanding anything contained in the foregoing provisions of this Act, or any law, agreement, custom or usage to the contrary but subject to the provisions of this section a tenant holding land from a landlord shall, subject to the provisions of section 32, 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.
6. (2) The right to purchase land under sub-section
7. (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 provisions of section 43-1B; or as the case may be, from the date of the expiry of the period referred to in the proviso to sub-section
8. (2) of section 43-1B; and intimation of exercise of the right shall be sent to the landlord and the Tribunal, in the prescribed manner within the period aforesaid.
9. (3) The provisions of sections 32 to 32E (both inclusive) and sections 32G to 32N (both inclusive), and sections 32P, 32Q and 32R, shall apply to the purchase of the land, by a tenant under sub-section
10. (1) as those provisions apply in relation to the purchase of land under section 32. 43-1E. Nothing in this Chapter shall apply in relation to land which before the commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965 is purchased, by any tenant under the provisions of Chapter III.". 43A. Definition In this Chapter, unless the context requires otherwise, 'landlord' means a landlord (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 widow, son, son's son, unmarried daughter, father or mother.