AND FOR PURCHASE OF THEIR LANDS BY TENANTS.

AMENDMENT OF THE BOMBAY TENANCY AND AGRICULTURAL LANDS (VIDARBHA REGION AND KUTCH AREA) ACT, 1958 IN ITS APPLICATION TO THE KUTCH AREA OF THE STATE

13. Amendment of section 36 of Bom. XCIX of 1958 In the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 in its application to the Kutch area of the State (hereinafter referred to as "the Kutch Tenancy Act"), in section 36,-

1. (1) in sub-section (2), for the words "No landlord" the words, brackets, figures and letter "Save as otherwise provided in sub-section (3A), no landlord" shall be substituted;
2. (2) after sub-section (3), the following shall be inserted, namely: - "(3A) where a landlord proceeds for termination of the tenancy under sub-section
   • (I) of section 57B, then notwithstanding anything contained in this Act, the application for 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.";
3. (3) in sub-section (4), for the words, brackets and figures "sub-section
4. (1) or (2), as the case may be" the words, brackets, figures and letter "sub-section (1), (2), or as the case may be, (3A)" shall be substituted. 14. Amendment of section 38 of Bom. XCIX of 1958 In section 38 of the Kutch Tenancy Act-
5. (1) in sub-section (I), for the words "landlord may" the words, brackets, figures and letter "landlord (not, being a landlord within the meaning of Chapter 111-A) may" shall be subslikted:
6. (2) in sub-section (2)-
   • (a) in paragraph (A), item
     • (ii) shd be dtktsd, 15. Amendment of section 41 of Bom. XCIX of 1958 In section 41 of the Kutch Tenancy Act,-
7. (1) in sub-section (I), after the word "personally" the words, figure and letters "unless the land is held by him as a tenant from a landlord to whom the provi- sions of Chapter 111-A are applicable" shall be inserted;
8. (2) in sub-seciion (2),-
   • (a) clause
   • (c) and item
     • (ii) shall be deleted;
   • (b) in the first proviso for the words, brackets and letters "clauses
   • (a) to (d)" the words, brackets and letters "clauses (a),
   • (b) and (d)" shalI be substituted. 16. Amendment of section 50 of Bom. XCIX of 1958 In section 50 of the Kutch Tenancy Act, for the words "tenancy created" the words, brackets, figure and letter "tenancy created by the landlord (not being a landlord within the meaning of Chapter III-A)" shall be substituted. 17. Amendment of section 52 of Bom. XCIX of 1958 In section 52 of the Kutch Tenancy Act, after sub-section (4), the following shall be added, namely :- "(5) 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 the purpose specified in the notice referred to in sub-section
9. (1) and within the period specified in that sub-section.". 18. Amendment of section 57 of Bom. XCIX of 1958 In section 57 of the Kutch Tenancy Act, in sub-section (1), after the figures "46" the word, figures and letter "or 57D" shall be inserted. 19. Insertion of Chapter III-A in Bom. XCIX of 1958 After section 57 of the Kutch Tenancy Act, the following new Chapter shall be inserted, namely : - " CHAPTER 111 A SPECIAL PROVISIONS FOR TERMMATION OF TENANCY BY LANDLORDS WHO ARE OR HAVE BEEN SERVING MEMBERS OF THE ARMED FORCES :

In this Chapter, unless the context requires otherwise "landlord" means a landlord 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.

57B.

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 three family holdings; and
   • (b) where the landlord is a member of a joint family, only to the extent of his share in the land (not exceeding three family holdings) held by the joint family, provided that the Collector on inquiry is satisfied that such share has (regard being had to the area, 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 36 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 serving member of the armed forces; but the provisions of section 50 shall apply to such tenancy as they apply in relation to a tenancy created after the date referred to in sub-section
4. (1) of section 46;
   • (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.
5. (4) Nothing in the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, shall affect the termination of any tenancy under this Chapter.