Chapter III GIRASDARS AND THEIR RELATIONSHIP WITH TENANTS

(1) Any person who is lawfully cultivating any land belonging to a Girasdar, shall for the purposes of this Act, be deemed to be the tenant :

Provided that no such person shall be deemed to be a tenant if he-

(a) is a member of the Girasdar's family; or

(b) is a servant on wages payable in cash or in kind but not in a share of the crops, or is a hired labourer cultivating the land under the personal supervision of the Girasdar or any member of his family; or

(c) is a mortgagee in possession.

Explanation.-A person who is otherwise deemed to be a tenant shall not cease to be a tenant, only on the ground that he is also a mortgagee in possession.

(2) A tenant who, on joining the Armed Forces of India, had given land for cultivation to a sub-tenant, shall be deemed to be a tenant for the purposes of this Act.

(3) Notwithstanding anything contained in sub-section (1), a person shall not be deemed to be a tenant under this section if such a person has been previously declared by a competent authority not to be a tenant.

It shall not be lawful for a Girasdar to recover from any tenant in respect of any holding of that tenant any rent exceeding an amount equal to one and a half times the assessment thereon :

Provided that where a tenant has not filed an application on or before the 3lst December, 1954, for the acquisition of occupancy rights in respect of his holding under section 28, the Girasdar may recover after that date any rent not exceeding an amount equal to two and a half times the assessment on such holding.

It shall not be lawful for a Girasdar to levy or receive from any tenant in respect of any holding of that tenant any cess, rate, hak, tax or service of any description or denomination whatsoever in addition to the rent lawfully recoverable under section 7.

If the Mamlatdar, after due inquiry in the prescribed manner, is satisfied that a Girasdar has recovered any rent, cess, hak, rate, tax or received any service from any tenant in contravention of the provisions of section 7 or section 8, the Mamlatdar may dirct the Girasdar- (a) to pay to the Government as penalty such sum not exceeding one thousand rupees as the Mamlatdar deems fit; (b) where the Girasdar has made any such unlawful recovery as aforesaid from the tenant, to refund such amount to the tenant; or (c) where the Girasdar has received any service from any tenant, to pay to the tenant such sum by way of compensation as the Mamlatdar deems fit.

A Girasdar shall, in respect of any land for which rent is payable to him by a tenant, be liable to pay to the Government as land revenue a sum equal to twelve and half per cent of the assessment on that land.

(1) Whenever from any cause the payment of the whole of land revenue payable to the Government by a Girasdar in respect of any land is suspended or remitted, the Girasdar 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 Girasdar shall suspend or remit the rent payable by the tenant of such land in the same proportion.

(2) No application for assistance under sections 86 and 87 of the Code shall be entertained, no suit shall lie and no decree of a Civil Court shall be executed for the recovery by a Girasdar of any rent, the payment of which has been 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 shall be excluded in computing the period of limitation prescribed for any suit or proceeding for the recovery of such rent.

(3) Notwithstanding anything contained in sections 86 and 87 of the Code, the Collector shall, in passing an order under sub-section (2) of section 87 of the Code, for rendering assistance to the Girasdar, allow to the tenant set-off for the sum, if any, paid by such tenant to the Girasdar in excess of the amount of rent due from him after deducting the amount required to be remitted under sub section (1) of this section. The set-off under this sub-section shall be allowed only in respect of the sums paid by such tenant to such Girasdar during a period of three years immediately preceding the date of the application made under section 86 of the Code,

(4) If any Girasdar fails to suspend or remit the payment of rent as provied in this section, he shall be liable to refund to the tenant the amount recovered 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.

(1) No tenancy shall be terminated except in accordance with the previsions of Chapter IV, or except on the following grounds, namely:-

(a) that the tenant has failed to pay in any year, within fifteen days from the day fixed for the payment of the last instalment of the land revenue in accordance with the rules made under the Code for that year, the rent for that year; or

(b) that the tenant has done any act which is destructive or permanently injurious to the land comprised in the holding; or

(c) that the tenant has subject the holding or failed to cultivate it personally; or

(d) that the tenant has used the land for a purpose other than agriculture.

(2) Notwithstanding anything contained in sub-section (1), the tenancy in respect of any holding of a tenant who is a widow or a minor or who is subject to physical or mental disability shall not be liable to be terminated under the said sub-section only on the ground that the land has been sublet on behalf of the said tenent.

Where any tenancy is terminated for non-payment of rent and the Girasdar files any proceeding before the Mamlatdar to eject the tenent, the Mamlatdar shall call upon the tenent to tender to the Girasadr the rent in arrears together with the cost of the proceeding, within fifteen days from the date of the order, and if the tenent complies with such an 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 tenent shall hold the land as if the tenancy had not been terminated.

(1) Where a tenant has failed to comply with the order of the Mamlatdar asking him to pay the arrears of rent together with the cost of proceedings under section 13, the termination of tenancy shall not take effect till any appeal or revision application against any order passed in the proceedings started before the Mamlatdar under section 13, pending on the date of the commencement of the Saurashtra Land Reforms (Second Amendment) Act, 1953, is disposed of, and in cases in which no such appeal or revision application is pending on such date, till the expiry of four months from the the date of the order of the Mamlatdar.

(2) If during the pendency of any such appeal or revision application on the date first mentioned in sub-section (1), or, where no such appeal or revision application is pending, within four months from the date of the order of the Mamlatdar, the tenent makes payment of an amount equal to six times the assessment, as provided in sect on 28, together with arrears of rent with in terest at the rate of 6% per annum and the costs of all the proceedings, if any, the tenancy shall not be deemed to have been terminated.

(3) The Mamlatdar shall report the fact of such payment to the authority before whom the appeal or revision application may be pending and thereupon the proceedings in the appeal or revision application shall abate and the Mamlatdar shall proceed in accordance with the provisions of Chapter V.

Notwithstanding anything contained in section 86 of the Code, the Girasdar shall, upon written application to the Mamlatdar, be entiteled to assistance, by the use of precautionary and other measures, except that contained in section 137 of the Code, and in the same manner as prescribed in Chapter XI of the Code, for the recovery of rent payable to him by the tenant:

Provided that no such application shall be entertained for the recovery of rent a suit for which has become barred under the Indian Limitation Act, 1908 at the date of such applicaton.

(1) If in any village, a tenant is in occupaton of a dwelling-house built on a site belonging to his Girasdar, such tenant shall not be evicted from such dwelling-house or the land immediately appurtenant thereto and necessary for its enjoyment unless-

(a) the Girasdar proves that the dwelling-house was not built at the expense of such tenant or his predecessor-in-title, and

(b) such tenant makes a default in payment of rent, if any, which he has been paying for the use and occupation and such house.

(2) The provisons of sub-section (1) shall not apply to a dwelling-house which is situated on any land used for the purposes of agriculture in respect of which the tenancy has been terminated under sub-section (1) of section 12.

Where any tenant of any dwelling-house is liable to be evicted under the provisions of section 14 and the Girasdar files any proceeding before the Mamlatdar to eject the tenant, the Mamlatdar shall, by order in witing,-

(a) if the tenant had previsouly been paying rent of the dwelling-house, direct the tenant to tender to the Girasdar the rent in arrears together with the costs of the proceedings, within fifteen days from the date of such order; or

(b) if no rent was being so paid, assess reasonable rent in respect of the dwelling-house and direct the tenant to pay the rent so assessed, with fifteen days of the date of the order;

and if the tenant complies with such an order the Mamlatdar shall, in lien of making an order of ejectment, pass an order directing that the tenant shall not be evicted, and thereupon the tenant shall continue to be in lawful occapation of the dwelling-house so long as he carries out the directions given in the Mamlatdar's order.

The Government may, by notification, in the Official Gazette, direct that the provisions of section 14 or of section 34 shall apply mutatis mutandis to the dwelling-house and sites thereof occupied by agricultural labourers or artisans in any particular area specified in the notification.

Where any land was reserved by the Girasdar for personal cultivation at any time after the 1st January, 1948, but before the 20th May, 1950, and an application disputing such reservation has been made by a tenant before the 1st May, 1951 and is pending at the commencement of this Act, or where such reservation was made by the Girasdar at any time after the 20th May, 1950, or where such reservation having been made at any time between the 1st January, 1948, and the 20th May, 1950, the land was let out to another tenant after the 20th May, 1950, and an application disputing such reservation or letting out, as the case may be, is made within ninety days from the commen cement of this Act, the Mamlatdar shall decide the dispute, and if he decides that the reservation of any land was made illegally, or that the tenant was entitled to restoration of the land, he shall direct that the possession of such land shall be restored to the tenant.

Nothing contained in this Act shall be construed to limit or abridge the rights or privileges of any tenant under any usage or law for the time being in force or arising out of any contract, grant, ecree or order of a court or otherwise howsoever.