Vidhi Codex

THE GUJARAT TENANCY AND AGRICULTURAL LANDS ACT, 1948

The Gujarat Tenancy and Agricultural Land Act, 1948

Civil1948154 of 155 sections available9 chapters

This law governs the relationship between landlords and tenants in Gujarat, specifically focusing on agricultural land. It applies to people who cultivate land as tenants, protecting them from arbitrary eviction and setting strict limits on the amount of land a person can own or rent. The Act establishes maximum and minimum rent rates, ensures tenants have the right to purchase the land they cultivate, and prevents landlords from taking back land for personal use without following proper procedures. By securing the rights of cultivators, the legislation aims to stabilize rural livelihoods and prevent land concentration.

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Chapter I Preliminary. →

  1. 1Short title and extent. 2
  2. 2Definitions. 2 CHAPTER II.
  3. 3Application of Chapter V of Transfer of Property Act. 7
  4. 4Persons to be deemed tenants. 7
  5. 4AProtected tenants. 8
  6. 4BTenancy not to be terminated by efflux of time. 8
  7. 5Ceiling area. 8
  8. 6Economic holding. 8
  9. 6AIrrigated land. 9
  10. 7Power of Government to vary ceiling area and economic holding. 9
  11. 8Rent and its maximum and minimum. 9
  12. 9Rate of rent payable by tenant to his landlord. 10
  13. 9AQuantum of rent payable by tenant to landlord. 10
  14. 9BLandlord not liable to make contribution towards cost of cultivation. 11
  15. 9CLiability of tenant to payment until rent is fixed under preceding sections. 11
  16. 10Refund of rent recovered in contravention of the provisions of the Act and other penalties. 11
  17. 10ALiability of tenant to pay land revenue and certain other cesses. 11
  18. 11Abolition of all cesses, etc. 12
  19. 13Suspensions or remissions of rent. 13
  20. 14Termination of tenancy for default of tenant. 13
  21. 15Surrender by tenant. 14
  22. 16Bar to eviction from dwelling house. 14
  23. 17Tenant to be given first option of purchasing site on which he has built a dwelling house. 15
  24. 17ATenant’s right to purchase site referred to in seciton 16. 15
  25. 17BTenant to be deemed to have purchased sites referred to in section 16 from specified date. 16
  26. 18Dwelling houses of agricultural labourers, etc. 17
  27. 19Tenant’s right to trees planted by him. 17
  28. 20Right to produce of naturally growing trees. 17
  29. 22Tenants responsible for maintenance of boundary marks. 17
  30. 23Repairs of protective bunds. 18
  31. 24Relief against termination of tenancy in certain cases. 18
  32. 25Relief against termination of tenancy for non-payment of rent. 18
  33. 25ATenancy to be in abeyance during usufructuary mortgage in favour of tenant. 19
  34. 26Receipts for rent. 19
  35. 27Sub-division, sub-letting and assignment prohibited. 19
  36. 28Bar to attachment, seizure or sale by process of Court. 20
  37. 29Procedure of taking possession. 20
  38. 29AProvisions of section 29 to apply to sites used for allied pursuits. 21
  39. 30Rights and privileges of tenants not to be affected. 21 CHAPTER III.
  40. 31Landlord’s right to terminate tenancy for personal cultivation and non-agricultural purpose. 22
  41. 31AConditions of termination of tenancy. 23
  42. 31BNo termination of tenancy in contravention of Bom
  43. 31CLandlord not entitled to terminate tenancy for personal cultivation of land left with tenant. 24
  44. 31DApportionment of rent after termination of tenancy for land left with tenant. 24
  45. 32Tenants deemed to have purchased land on tiller’s day. 24
  46. 32ATenants deemed to have purchased up to ceiling area. 27
  47. 32BWhen Tenants not deemed to have purchased lands. 28
  48. 32CWhen Tenants entitled to choose lands to be purchased. 28
  49. 32DWhen Tenants deemed to have purchased fragments. 28
  50. 32EDisposal of balance of lands after purchase by tenant. 28
  51. 32FRight of tenant to purchase where landlord is minor, etc. 28
  52. 32GTribunal to issue notice and determine price of land to be paid by tenants. 30
  53. 32HPurchase price and its maxima. 31
  54. 32ISub-tenant of permanent tenant to be deemed to have purchased land. 32
  55. 32KMode of payment of price by tenant. 33
  56. 32LPurchase price recoverable as arrear of land revenue. 34
  57. 32MPurchase to be ineffective on tenant’s failure to pay purchase price in lump sum or instalments within given period. 34
  58. 32NLandlord’s right to recover rent when purchase becomes ineffective. 35
  59. 32PDeleted.
  60. 32RPurchaser to be evicted if he fails to cultivate personally. 44
  61. 32SDefinitions. 44
  62. 32TSpecial right of certified landlord to terminate tenancy for personal cultivation. 44
  63. 32UTenants of lands mentioned in section 88C to be deemed to have purchased land and other incidental provisions. 47
  64. 32FFTenant in possession who has surrendered tenancy to be deemed to have purchased land on specified date. 30
  65. 32PPFurther opportunity to tenant to purchase land. 39
  66. 32QQDeposit or payment of purchase price by State Government on behalf of specified tenants. 43
  67. 32PPPFurther opportunity to purchase land to tenants whose purchase became ineffective after
  68. 33Right of protected tenants to exchange land. 48
  69. 36Fragment in excess of economic holding or ceiling area may be permitted to remain with holder. 49
  70. 37Landlord to restore possession if he fails to cultivate within one year. 49
  71. 39Application for recovery of possession by tenant. 51
  72. 40Continuance of tenancy on death of tenant. 52
  73. 41Compensation for improvement made by tenant. 52
  74. 42Tenant’s right to erect farm house. 52
  75. 43Restriction on transfers of land purchased or sold under this Act. 52 CHAPTER III-AA

Chapter III-A SPecial ProviSionS for landS held on leaSe by induStrial or commercial undertakinG and by certain PerSonS for the cultivation of SuGarcane and other notified aGricultural Produce. →

  1. 43ASome of the provisions not to apply to leases of land obtained by industrial or commercial undertaking, certain co-operative societies or for cultivation of sugarcane or fruits or flowers. 55
  2. 43BReasonable rent of land to which section 43A applies. 56

Chapter III-B SPecial ProviSionS in reSPect of areaS within the limitS of a municiPality or a cantonment. →

  1. 43CCertain provisions not to apply to municipal or cantonment areas. 57
  2. 43DTermination of tenancy. 57

Chapter IV manaGement of eStateS held by land holderS. →

  1. 44Power to assume management of land holder’s estate. 58
  2. 45Vesting of estate in management. 58
  3. 46Effect of declaration of management. 58
  4. 47Manager’s powers. 59
  5. 48Manager to pay costs of management, etc. 59
  6. 49Notice to claimants. 60
  7. 50Claim to contain full particulars. 60
  8. 51Claim not duly notified to be barred. 60
  9. 52Determination of debts and liabilities. 60
  10. 53Power to rank debts and fix interest. 61
  11. 54Scheme for liquidation. 61
  12. 55Provision of scheme. 61
  13. 56Effects of sanctioning scheme. 61
  14. 57Power to remove mortgagee in possession. 61
  15. 58Power to sell or lease. 61
  16. 59Manager’s receipt a discharge. 62
  17. 60Holder of estate dying. 62
  18. 61Termination of management. 62
  19. 62Manager deemed to be public servant. 62

Chapter V reStrictionS on tranSferS of aGricultural landS, manaGement of uncultivated landS and acquiSition of eStateS and landS. →

  1. 63Transfers to non-agriculturist barred. 62 63A. Reasonable price of land
  2. 63AASale of land for bonafide industrial purpose permitted in certain cases. 64
  3. 63ABLast transaction if made to an agriculturist to be valid even if earlier transaction or transactions 67 may be invalid.
  4. 63ACConversion of land into non-agricultural purpose if the land is purchased before the commencement of Amending Act, 2015.
  5. 63ADPenalty to transferee for transfer of land in breach of provisions of sub-section (1) of section 63. 68
  6. 64Sale of agricultural land to particular person. 68
  7. 66AConstruction of water course through land belonging to other person. 70
  8. 66BFailure to pay rent and to keep water course in good repair. 72
  9. 66CRemoval or discontinuance of water course. 72
  10. 66DNeighbouring holder entitled to use surplus water on payment of rate. 72

Chapter VI Procedure and JuriSdiction of tribunal; mamlatdar and collector; aPPealS and reviSion. →

  1. 67Tribunal. 72
  2. 68Duties of the Tribunal. 73
  3. 69Powers of the Tribunal. 73
  4. 70Duties of the Mamlatdar. 73 70A Regularisation of certain sale of land. 74
  5. 71Commencement of proceedings. 75
  6. 72Procedure. 75 72AA. Distribution of business amongst Mamlatdars. 75
  7. 72APower of Collector to transfer proceedings. 75
  8. 72BApplication for possession of land made to different Mamlatdars to be heard by designated Mamlatdar. 75
  9. 72CDesignated Tribunal to conduct proceedings in respect of land held by the same tenant in different areas. 76
  10. 73Execution of order for payment of money or for restoring possession. 77
  11. 73APowers of Collector in inquiries under sub-section (3A) of section 29; provision as respects 77 revision and execution of orders.
  12. 74Appeals. 78
  13. 74APower of Collector to transfer and withdraw appeals. 79
  14. 75Appeal against award of Collector. 80
  15. 76Revision. 80
  16. 76ARevisional powers of Collector. 80 76AA. Revisional power of Government is certain cases. 81
  17. 77Court Fees. 81
  18. 78Orders in appeals or revision. 81
  19. 79Limitation. 81
  20. 80Inquiries and proceedings to be judicial proceedings. 81
  21. 80APleaders, etc., excluded from appearance. 82

Chapter VII offenceS and PenaltieS. →

  1. 81Offences and penalties. 82

Chapter VIII miScellaneouS. →

  1. 82Rules. 83
  2. 83Delegation of powers, functions and duites. 85
  3. 83ARestriction on acquiring land by transfer which is invalid. 86
  4. 84Summary eviction. 86
  5. 84AValidation of transfers made before appointed day. 86 84B.
  6. 84CDisposal of land, transfer or acquisition of which is invalid. 88 84CC.
  7. 85ASuits involving issues required to be decided under this Act. 91
  8. 86Control. 91
  9. 87Indemnity. 91
  10. 87ASaving in respect of provisions of Land Tenures Abolition Acts. 92
  11. 88Exemption to Government lands and certain other lands. 92 88AI. [Deleted]. 94
  12. 88BExemption from certain provisions to lands to local authorities, universities and trusts. 94
  13. 88CExemption from certain provisions to lands leased by persons with the annual income not exceeding 95 ` 1,500.
  14. 88DPower of Government to withdraw exemption. 96
  15. 88ECessor of exemption in respect of certain public trust lands. 97
  16. 88CCRights of certain tenants to purchase land barred. 96 88CA. Section 32 to 32R not to apply to certain service lands. 96
  17. 89Repeal. 97
  18. 90Enactments amended. 98

Chapter VIII miScellaneouS. →

  1. 90Enactments amended. 98

Some statutory text is still being prepared for this language version.

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