The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965

This Act may be called the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960.

In section 2 of the Bombay Tenancy and Agricultural Lands Act, Bom. LXVII of 1948 (hereinafter referred to as "the principal Act") to clause

1. (7) the following proviso shall be added, namely :— " 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 ;”

In section 9A of the principal Act, to sub-section (1), the following provisos shall be added, namely :— " Provided that where any land held by a tenant is wholly or partially exempt from 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 :—

1. (i) the amount of full assessment leviable in respect of such land,
2. (ii) the amounts of the cesses mentioned in clauses (b),

1. (c) and
2. (d) of sub-section

1. (1) of section 10A levied or leviable in respect of such land under the relevant 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.”

In section 10A of the principal Act, in sub-section (3), after clause (b), the following clause shall be inserted, namely :— “(c) a tenant, where such land is wholly or partially exempt from the payment of land revenue.”

In section 31A of the principal Act, in clause (d), after the words "any of his ancestors", the following shall be inserted and shall, notwithstanding any decree or order of a Court, be deemed to have been inserted with effect on and from the 1st day of August 1956, namely :— “but not of any other predecessor-in-title from whom title is derived, whether by assignment or Court sale or otherwise”

In section 31C of the principal Act, after the word and figures "section 31" the words and figures "or before the commencement of the Amending Act, 1955, under any other law then in force on the ground that the landlord required the land to cultivate personally or for any non-agricultural purpose" shall be inserted.

In section 32 of the principal Act, after sub-section

1. (3) the following sub-sections shall be inserted, namely :— “(4) On the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960, every tenant in the areas within the limits of Municipal boroughs within the meaning of the Bombay Municipal Boroughs Act, 1925 or within the limits of municipal districts constituted under the Bombay District Municipal Act, 1901, shall, subject to the other provisions of this Act, be deemed to have purchased from a landlord free from all encumbrances subsisting thereon on the said date the land held by him as tenant, as if the said date were the tillers' day. 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 Rs. 1,500 and such land is not held under a permanent tenancy.
2. (5) A person eligible to the exemption as provided in the proviso to sub-section
3. (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 provisions of sub-sections
4. (2) to
5. (4) of that section shall apply thereto as if the application had been made under section 88C.
6. (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
7. (4) and purchase of such land by the tenant thereof as if such landlord were a certified landlord and such tenant were an excluded tenant within the meaning of those sections”.

In section 32F of the principal Act, for sub-section (1A), the following sub-section shall be substituted, namely :— “(1A) On and after the date of the commencement of the Bombay Tenancy and 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”.

In section 32K of the principal Act, in sub-section (1), to clause (ii), the following provisos shall be added, namely :— “ 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 Agricultural Lands (Gujarat Amendment) Act, 1960, then notwithstanding the expiry of the period the tribunal may extend the period by a period not exceeding one year from the date of such commencement”.

In section 32M of the principal Act, sub-section

1. (2) shall be deleted.

In section 32N of the principal Act, to sub-section (1), the following proviso shall be added, namely :— “ Provided that —

1. (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
2. (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”.

In section 32O of the principal Act —

1. (1) in sub-section (1), for the words "shall be entitled within one year" the words "shall be deemed to have purchased on the date of expiry of one year" shall be substituted and the words "to purchase" shall be deleted ;
2. (2) sub-section (1-A) shall be deleted.

In section 32P of the principal Act, in sub-section (1)—

1. (1) for the words, figures and letters "under section 32G or 32M" the words "under the foregoing provisions of this sub-chapter" shall be substituted ;
2. (2) the words, figures 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 32O" shall be deleted.

After section 32R of the principal Act, the following heading and sections shall be inserted, namely :— “(II-A) Termination of tenancy by landlords, and purchase of land by tenants, of lands to which section 88C applies. Definitions. 32-S. For the purposes of sections 32T and 32U —

1. (i) 'certified landlord' means a person who holds a certificate issued to him under sub-section

1. (4) of section 88C ; and
   • (ii) 'excluded tenant' means a tenant of land to which the provisions of sections 32 to 32R (both inclusive) do not apply by virtue of sub-section
2. (1) of section 88C.

1. (1) Notwithstanding anything contained in sections 31 to 31B (both inclusive) but subject to the provisions of this section a certified landlord may, after giving notice and making an application for possession as provided in sub-section (3), terminate the tenancy of any land leased by him to an excluded tenant, if he bona fide requires such land for cultivating it personally. (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. (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 Agricultural Lands (Gujarat Amendment) Act, 1960 (hereinafter referred to in this section as 'the 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 ;
   • (b) Any such pending application shall be deemed to have abated on the commencement date.
3. (3) The notice required to be given under sub-section
4. (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
5. (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
6. (4) of section 88C.
7. (4) Where the certified landlord is one of the following categories, namely, —
   • (a) a minor,
   • (b) a widow,
   • (c) a serving member of the armed forces, or
   • (d) a person subject to any physical or mental disability, then if he has not given a notice and not made an application as required by sub-sections
8. (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;
     • (ii) in the case of category
   • (c) he ceases to serve in such force ;
     • (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 the 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, 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.
9. (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 Agricultural Lands (Gujarat Amendment) Act, 1960, the landlord has already 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 taken 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 Fragmentation and Consolidation of Holdings Act, 1947, the landlord shall be entitled to take possession of the land leased to the extent of half the area thereof: Provided that if at the date on which the application for possession is made by the landlord to the Mamlatdar in accordance with sub-section
10. (3) or
11. (4) —
    • (i) the landlord has not been cultivating personally any other land or has been cultivating personally other land less than half an economic holding, and
    • (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 1st day of January, 1952 and there after 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 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
12. (1) of section 88D has been made and has not been rejected.
13. (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 bona fide requires that land for personal cultivation.
14. (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.

1. (1) Notwithstanding anything contained in sub-section
2. (1) of section 88C, but subject to the provisions of this section every excluded tenant holding land from a certified landlord shall except as otherwise provided in sub-section (3), be deemed to have purchased from the landlord, on the first day of April 1962, free from all encumbrances subsisting thereon on the said day, the land held by him as tenant, if such land is cultivated by him personally; and
   • (i) the landlord has not given notice of termination of tenancy in accordance with sub-section
3. (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 sub-section
4. (4) of section 32T has not terminated the tenancy on any of the grounds specified in section 14 or has so terminated the tenancy but has not applied to the Mamlatdar on or before the 31st day of March 1962 under section 29 for possession of the land: 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 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 1st 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
5. (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
6. (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 the date of the final rejection of the application.
7. (3) Where the certified landlord being a person of any of the categories specified in sub-section
8. (4) of section 32T has not given notice of termination of the tenancy of an excluded tenant in accordance with sub-section
9. (3) of that section or has given such notice but has not made an application thereafter under section 29 for possession 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
10. (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
11. (4) of section 32T but the application is rejected by the Mamlatdar 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.
12. (4) The provisions of sections 32 to 32R shall so far as may be applicable apply to the purchase of land under this section by an excluded tenant." 15. Amendment of section 37 of Bom. LXVII of In section 37 of the principal Act —
13. (1) in sub-section
14. (1) after the word and figures "section 31" where they occur at two places, the word, figures and letter "or 32 T" shall be inserted;
15. (2) after sub-section
16. (3) the following sub-sections shall be inserted, namely :— "(4) Where before the commencement of the Amending Act, 1955, a landlord in accordance with the provisions of this Act as then in force has terminated the 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 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 he took possession or ceases 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 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 under section 31.
17. (5) Where a failure or cessation referred to in sub-section
18. (4) has taken place before the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960, the liability of the landlord under sub-section
19. (1) to restore possession of the land to the tenant shall commence from that date." 16. Amendment of section 43 of Bom. LXVII of In section 43 of the principal Act, —
20. (1) in sub-section
21. (1) —
    • (a) for the figures, letters and word "32I or 320" the figures, letters and word "32I, 320 or 32U" shall be substituted;
    • (b) after the word "Collector" the words "and except on payment of such amount as the State Government may by general or special order determine" shall be inserted;
22. (2) after sub-section (1), the following sub-sections shall be inserted, namely :— "(1A) Notwithstanding anything contained in sub-section (1), it shall be lawful for such tenant or a person to mortgage or create a charge on his interest in the land in favour of the State 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 Non-Agriculturists' Loans Act, 1928, or in favour of a co-operative society, and without prejudice to any other remedy open to the State Government or the co-operative society, in the event of his making default in payment of such loan, in the event of such loan in accordance 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. (1B) Nothing in sub-section
23. (1) or (1A) shall apply to land purchased under section 32, 32F, 320 or 64 by a permanent tenant thereof, if prior to the purchase, the permanent tenant, by usage, custom, agreement or decree or order of a Court, held a transferable right in the tenancy of the land." 17. Amendment of section 43C of Bom. LXVII of In section 43C of the principal Act, clause
    • (c) and clause
    • (d) shall be deleted. 18. Amendment of section 43D of Bom. LXVII of In section 43D of the principal Act, in sub-section (1), for the words, figures and letter "specified in section 43C" the words, brackets, figures and letter "to which section 43C applies" shall be substituted. 19. Amendment of section 73 of Bom. LXVII of In section 73 of the principal Act, in the proviso, after the words "of appeal" the words "or, as the case may be, of application for revision as provided" shall be inserted. 20. Amendment of section 74 of Bom. LXVII of In section 74 of the principal Act, in sub-section (1), —
      • (i) after clause (ma), the following clause shall be inserted and shall be deemed to have been inserted with effect on and from the 1st day of August 1956, namely :- "(mb) a decision under section 31 or 32F, or an order under section 32G,";
      • (ii) after clause (n), the following clause shall be inserted, namely :- "(na) a decision under the proviso to sub-section
24. (4) of section 32T or an order under section 32U," 21. Amendment of section 76 of Bom. LXVII of In section 76 of the principal Act, in clause
    • (c) of sub-section (1), after the words "by this Act" the words "or that there has been failure to take evidence or error in appreciating important evidence" shall be inserted. 22. Addition of proviso to section 79 of Bom. LXVII of To section 79 of the principal Act, the following proviso shall be added, namely :- " Provided that an appeal against a decision of the Mamlatdar under section 31 or 32F or an order passed by the Tribunal under section 32G before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 may be filed within a period of six months from the date of such commencement." 23. Amendment of section 82 of Bom. LXVII of In section 82 of the principal Act,—
25. (1) in sub-section (2), after clause (pb), the following clause shall be inserted, namely :- "(pc) fees for giving copies of, or extracts from any document issued under this Act or record maintained under or for the purposes of this Act",
26. (2) after sub-section (3), the following shall be inserted, namely :- "(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." 24. Insertion of new section 83A in Bom. LXVII of After section 83 of the principal Act, the following section shall be inserted, namely:- "83 A.
27. (1) No person shall acquire land by transfer where such transfer or acquisition is invalid under any of the provisions of this Act.
28. (2) Any person who acquires land in contravention of sub-section
29. (1) shall, in the 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." 25. Amendment of section 84B of Bom. LXVII of In section 84B of the principal Act, in sub-section
30. (1) for the proviso the following shall be substituted, namely :- " Provided that where the transfer or acquisition was in favour of the tenant in 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 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." 26. Amendment of section 84C of Bom. LXVII of In section 84C of the principal Act, —
31. (1) in sub-section (2), —
    • (a) after the words "acquisition to be invalid" the following shall be added, namely:- "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 along with the rights and interest therein to the position in which it was immediately before the transfer or acquisition, and the land is so restored within that period.";
    • (b) for the proviso, the following shall be substituted, namely :- " 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, cultivated personally by the tenant did not exceed the ceiling area, the Mamlatdar shall not declare such transfer to be invalid—
      • (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 Re. 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.";
32. (2) in sub-section (4), in the proviso—
    • (a) for the words " Provided that in the case of a transfer by the landlord to the tenant of the land" the following shall be substituted, namely :- " 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 the land, if any, cultivated personally by the tenant did not exceed the ceiling area then-"; and
    • (b) in clauses
      • (i) and (ii), for the words "where the amount" the words "if the amount" shall be substituted. 27. Amendment of section 88 of Bom. LXVII of Section 88 of the principal Act shall be renumbered as sub-section
33. (1) of that section and—
34. (1) in sub-section
35. (1) as so renumbered—
    • (i) for the words "Nothing in the foregoing provisions of this Act" the words, brackets and figures "Save as otherwise provided in sub-section (2), nothing in the foregoing provisions of this Act" shall be substituted;
    • (ii) in the proviso for the words "shall have the right to purchase" the words "shall be deemed to have purchased" and for the words "within one year from the expiry" the words "on the expiry" shall be substituted.
    • (iii) after the proviso, the following shall be inserted, namely :- " Provided further that—
36. (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 cessation was before or after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960, and
37. (2) the provisions of sections 32 to 32R shall so far as may be applicable apply to the purchase of land by the permanent tenant under this section.".
    • (iv) in the Explanation, for the word, brackets and letter "clause
    • (a) of this section" the words, brackets and letter "clause
    • (a) of this sub-section" shall be substituted.
38. (2) after sub-section
39. (1) as so renumbered, the following sub-section shall be inserted, namely :- "(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 (Gujarat Amendment) Act, 1960 by a person under a sub-lease from the lessee and is cultivated personally by such person, or
    • (ii) is sub-leased after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 by the lessee to any person for cultivation and 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 the lessee were the landlord : Provided that in the case of a sub-lease subsisting on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 the lessee shall be entitled to terminate under section 31 the sub-lease within one year from 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. Explanation.—In sub-section
40. (2) of this section references to a lessee include a 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." 28. Amendment of section 88C of Bom. LXVII of In section 88C of the principal Act,—
41. (1) in sub-section (1), for the words "Nothing in sections" the words, brackets and figures "Save as otherwise provided by the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960, nothing in sections" shall be substituted ;
42. (2) to sub-section (2), the following proviso shall be added, namely :— " Provided that where such person is a widow she may make such application before the 1st day of July 1961 notwithstanding that the period prescribed under this section has expired." ;
43. (3) sub-section
44. (5) shall be deleted.