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section 32U

Tenants of lands mentioned in section 88C to be deemed to have purchased land and other incidental provisions.

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

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