Chapter VIII miScellaneouS.

82. (1) The 4[State] Government may make rules for carrying out the purposes of this Rules. Act. (2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for the following matters:— 5[(a) the other pursuits to be prescribed under clause (2A) of section 2; (b) the other factors to be prescribed under section 7 and section 9; (bb) the manner in which the value of crop share or produce shall be determined under section 9C;] (c) the penalty to be recovered under section 10 6[or to be inflicted under sub-section (5) of section 13;] 7[ * * * * * * ] (e) the fees to be paid for the grant of a certificate and the form of such certificate under sub-section (3) of section 17; 8[ 9[* * * * * * * ] the fee to be paid and the form of certificate, under sub-section (6) of section 17B;] (f) the manner and the form in which a receipt is to be given by the landlord under section 26; 1. This entry was inserted by Bom. 38 of 1957, s. 26. 2. This entry was inserted by Bom. 13 of 1956, s. 42 (1) (b). 3. This portion was substituted for the words and figures "section 9 or 11'', ibid., s. 42 (a). 4. This word was substituted for the word "Provincial" by the Adapatation of Laws Order, 1950. 5. These clauses were substituted for the original clauses (a) and (b) by Bom. 13 of 1956, s. 43 (1). 6. These words, brackets and figures were inserted, ibid., s. 43 (2). 7. Clause (d) was deleted by Guj. 5 of 1973, s. 19 (i). 8. This clause was inserted by Bom. 13 of 1953, s. 43 (1). 9. The words, brackets and figures "the manner of making record of rights relating to site and houses thereon under sub-section (1), and" were deleted by Guj. 5 of 1973, s. 19 (ii). 84 [(g) the manner of apportionment of rent under section 31D; (ga) the rules subject to which a tenant shall be entitled to choose the area and location under section 32C; 2[(gaa) the manner of giving intimation under sub-section (1A) of section 32F 3[ * * *]] (gb) the form of public notice under sub-section (1), and the manner of recording statement under sub-section (2) of section 32 G; (gc) the form of certificate to be issued under sub-section (1) of section 32M; (gd) the manner of referring a question for decision under sub-section (3) of section 32Q;] 4[(gdd) the terms and conditions on which the amount deposited or the amount of price of land shall be deemed to be the amount of loan granted under sub-section (2) of section 32QQ;] (h) the terms and conditions for exchange of lands and the form of certificate to be issued under section 33; 5[(hh) the period within which and the manner in which particulars of land are to be furnished to Mamlatdars under section 34A;] 6[(hhh) the circumstances in which and the conditions subject to which, the previous sanction of the collector under sub-section (1) of section 43 may be given;] 7[(ha) other factors to be taken into consideration for determining reasonable rent under section 43B;] 8[ * * * *] (j) the manner of notifying liquidation schemes sanctioned under section 56; (k) the conditions subject to which permission to acquire land or interests therein may be granted under section 63; 9[(ka) other factors to be taken into consideration for determining reasonable price under section 63A; 10[(kaa) the form of notice and particulars to be sent under clause(a), the rules subject to which the Collector may direct the payment of fine under clause (b), the form of and the time within which a certificate is to be issued under sub-clause (i) of clause (c), of sub-section (3) and the circumstances in which the period may be extended under the proviso to clause (b) of sub-section (4), of section 63AA.] 11[(kaa) the manner and period to fulfill the conditions by purchaseer of the industrial park under sub-section (4B) of section 63AA; (kbb) the manner for disposal of land vested in the State Government under sub-section (v) of section 63AA;] (kb) the manner in which an offer shall be made and the form in which notice shall be given under section 64;] 1. These clauses were inserted by Bom. 13 of 1956, s. 43(5). 2. This clause was inserted by Bom. 38 of 1957, s. 27(1). 3. These words, brackets, figures and letters were deleted by Guj. 10 of 2009, s 10(1). 4. Clause (gdd) was inserted by Guj. 8 of 1987, s. 3. 5. This clause was inserted by Bom. 38 of 1957, s. 27(2). 6. Clause (hhh) was inserted by Guj. 15 of 1969, s. 5. 7. This cluase was inserted by Bom. 13 of 1956, s. 43(6). 8. This clause was deleted by Guj. 10 of 2009, s. 10(2). 9. These clauses were inserted by Bom. 13 of 1956, s. 43(7). 10. This clause was inserted by Guj. 7 of 1997, s.4. 11. These clauses were inserted by Guj. 28 of 2015, s.4. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 85 (l) the manner of making inquiry to determine the value of the estate, land or interest acquired and any other matter to be taken into consideration in determining the value under section 66; 1[(la) the form in which an application shall be made and the period within which and the form in which an agreement shall be executed under section 66A;] (m) the other functions of the Tribunal under section 68; (n) the other powers of the Tribunal under section 69; (o) the other procedure to be followed by the Mamlatdar andT ribunal under section 72; (p) the value of the court-fee stamp payable on an appliction to the Mamlatdar or Tribunal or on an application or appeal to the Collector or 2[Gujarat Revenue Tribunal] under section 77; 3[(pp) the manner of disposal of land under sub-section (3) of section 84B;] 4[(pa) the manner of grant of land under section 84C;] 5[(pb) the period within which and the form in which an application under section 88C shall be made and the form of certificate to be issued under that section;] 6[* * * * * * * * ] (q) any other matter which is or may be prescribed under this Act. 7[(2A) Such rules may also provide for the levy of fees for giving copies of, or extracts from, any document issued under this Act or record maintained under or for the purposes of Act and the scales of such fees.] (3) Rules made under this section shall be subject to the condition of previous publication in the official Gazette. 8[(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.] 9[(5) Any modifications so made by the State Legislature shall be published in the official Gazette and shall thereupon take effect.]

83. The 10[State] Government may, subject to such restriction and conditions as it may Delegation impose, by notification in the official Gazette, delegate to any of its officers, not below the of rank of an Assistant or Deputy Collector, all or any of the 11[powers conferred or functions 11[powers, functions and or duties imposed] on it by this Act. duties]. 1. This clause was inserted by Bom. 18 of 1956, s. 43 (8). 2. These words were substituted for the words "Bombay Revenue Tribunal' by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment) Order, 1960. 3. This clause was inserted by Bom. 38 of 1957, s. 27 (3). 4. This clause was inserted by Bom. 13 of 1956, s. 43(9). 5. This clause was inserted by Bom. 38 of 1957, s. 27(4). 6. Clause (pc) was deleted by Guj. 36 of 1965, s. 14(1). 7. Sub-section (2A) was inserted, ibid., s. 14(2). 8. This sub-section was inserted by Guj. 16 of 1960, s. 23(2). 9. Sub-section (5) was inserted by Guj. 36 of 1965, s. 14(3). 10. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 11. These words were substituted for the words "powers conferred" by Guj. 36 of 1965, s. 11. 86 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII Restriction

1[83A. (1) No person shall acquire land by transfer where such transfer or acquisition on acquiring is invalid under any of the provisions of this Act. land by transfer which is (2) Any person who acquires land in contravention of sub-section (1) shall, in the invalid. 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.] Summary

84. Any person unauthorisedly occupying or wrongfully in possession of any land— eviction. (a) the transfer 2[or acquisition] of which either by the act of parties or by the operation of law is invalid under the provision of this Act, (b) the management of which has been assumed under the said provisions, or (c) to the use and occupation of which he is not entitled under the said provisions and the said provisions do not provide for the eviction of such persons, may be summarily evicted by the Collector. Validation

Certain transfers made between appointed day and commencement of Amending Act, 1955 invalid. 87

Dispossession of land in certain circumstances to be ineffective. 89 84D. Temporary leases of land liable to be disposed of under section 32P or 84C. 90 85 Bar of jurisdiction. 91

85A. (md) to decide any dispute under section 88C; 5[ * * * * * * ]] (n) to take measures for putting the tenant or landlord or the agricultural labourer or artisan 6[or person carrying on an allied pursuit] into the possession of the land or dwelling house under this Act; 7[*]; 8[(na) to decide all matters relating to the construction of water course under Chapter V-A;] 9[(nb) to issue temporary injunction;] (o) to decide such other matters as may be referred 10[by the State Government] to him by or under this Act. Regularisation 11[70A. In case where a person is or was declared as a permanent tenant under of certain sale section 70 by the Mamlatdar and Agricultural Lands Tribunal and subsequently on the of land. basis of such order sale or more than one sale in respect of the land in question has taken place and if thereafter the order declaring a person as the permanent tenant is found not in accordance with law, then, the Collector, on an application made by the present occupant in this regard, shall, subject to other provisions of this Act or any other law for the time being in force, proceed to impose the restrictions of section 43 of this Act in respect of such land and shall, after levying rupee one as the penalty and in consideration of payment of such amount as may be determined by the State Government by general or special order from time to time, pass an order regularising such sale, subject to such conditions as may be specified by him.] 1. These figures, letters and ward were substituted for the figures and word "6 to 9" by Bom. 13 of 1956, s. 39(3). 2. Clause (g) was deleted, ibid., s. 39 (4). 3. The word "protected" was deleted, ibid., s. 39 (5). 4. These clauses were inserted, ibid., s. 39(6). 5. Clause (me) was deleted by Guj. 36 of 1965, s. 8. 6. These words were inserted by Bom. 13 of 1956, s. 39(7). 7. The word "and" was deleted, ibid. 8. This clause (na) was inserted, ibid., s. 39 (8). 9. Clause (nb) was inserted by Guj. 5 of 1973, s. 17(2). 10. These words were inserted by Guj. 16 of 2011, s. 2. 11. Section 70A was inserted by Guj. 8 of 2014, s. 2. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 75

86. In all matters connected with this Act, the 4[State] Government shall have the same Control. authority and control over the Mamlatdars and the Collectors acting under this Act as they have and exercise over them in the general and revenue administration.

87. No suit or other legal proceeding shall lie against any person in respect of anything Indemnity. which is in good faith done or intended to be done under this Act. 1. These words, figures and letter were substituted for the word, figures and letter "section 84C" by Guj. 5 of 1973, s. 21(ii). 2. These words were substituted for the words "the Collector or the Gujarat Revenue Tribunal" by Guj. 36 of 1965, s. 17. 3. These words were substituted for the words "Bombay Revenue Tribunal" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amenment) Order, 1960. 4. This word was substituted for the words "Provincial" by the Adaptation of Laws Order, 1960. 5. This section was inserted by Bom. 13 of 1956, s. 46. 6. These words were substituted for the words "instituted in any Civil Court" by Guj. 5 of 1973, s. 22. 92 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII Saving in respect

1[87A. Nothing in this Act shall affect the provisions of any of the Land Tenures of provisions of Abolition Acts, specified in Schedule III to this Act, in so far as such provisions relate to Land Tenures Abolition Acts. the conferment of right of an occupant in favour of any inferior holder or tenant in rspect of any land held by him.] Exemption to

88A Provisions of Act not to apply to land transferred to or by Bhoodan Samiti. 94

88B. 2[(1)] Nothing in the foregoing provisions, except sections 3, 4B, 8, 9, 9A, from certain 9B, 9C, 10, 10A, 11, 13 and 27 and the provisions of Chapters VI and VIII in so far as provisions to the provisions of the said Chapters are applicable to any of the matters referred to in the lands to local authorities, sections mentioned above, shall apply— universities and trusts. (a) to lands held or leased by a 3[ * * *] University established by law in the 4[Bombay area of the state of Gujarat]; and 1. This sub-section was inserted by Guj. 16 of 1960, s. 27 (2). 2. Section 88B was renumbered as sub-section (1) of that section by Bom. 33 of 1957, s. 31. 3. The words "local authority or" were deleted by Guj. 36 of 1965, s. 19 (1). 4. These words were substituted for the words "Pre-Re organisation State of Bombay excluding the transferred territories" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment) Order, 1960. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 95 (b) to lands which are the property of a trust for an educational purpose 1[a hospital, Panjrapole.] 2[or Gaushala]; 3[(c) to lands assigned or donated by any person before the 1st day of August, 1956, for the purpose of rendering any of the following services useful to the community, namely:— maintenance of water works, lighting or filling of water throughs for cattle:] Provided that — (i) such trust is or is deemed to be registered under the Bombay Public Trusts Act, Bom. XXIX 1950, and of 1950. (ii) the entire income of such land is appropriated for the purposes of such trust. 4[(2) For the purposes of this section a certificate granted by the Collector, after holding an inquiry, that the conditions in the proviso to sub-section (1) are satisfied by any trust shall be conclusive evidence in that behalf.] 5[(3) Notwithstanding anything contained in sub-section (1), nothing in the foregoing provisions of this Act shall apply to lands leased for cultivation with the help of sewage, whether before or after the commencement of the Amending Act, 1955 by a local authority in discharge of its duties and functions relating to the establishment and maintenance of a farm for the disposal of sewage under the law under which such local authority is consitituted.] Guj. 88C. (1) 6[Save as otherwise provided by the Bombay Tenancy and Agricultural Lands Exemption from certain XVI (Gujarat Amendment) Act, 1960, nothing in sections] 32 to 32R (both inclusive) shall apply provisions to of 1960. to lands leased by any person if such land does not exceed an economic holding and lands leased by the total annual income of such person including the rent of such land does not exceed ` persons with 1,500: the annual income not exceeding Porvided that the provisions of this sub-section shall not apply to any person who ` 1,500. holds such land as a permanent tenant or who has leased such land on permanent tenancy to any other person. 7[(2) Every person eligible to the exemption provided in sub-section (1) shall make an application in the prescribed from to the Mamlatdar within whose jurisdiction all or most of the pieces of land leased by him are situate, within the prescribed period for a certificate that he is entitled to such exemption]: 1. These words were substituted for the word "hospital" by Bom. 15 of 1957, s. 16. 2. These words were substituted for the words "Gaushala or an institution for public religious worship" by Guj. 16 of 1969, s. 31, Sch. item (1). 3. Clause (c) was added by Bom. 63 of 1958, s. 17. 4. Sub-section (2) was inserted by Bom. 38 of 1957, s. 31. 5. Sub-section (3) was inserted by Guj. 36 of 1965, s. 19(2) with effect on and from the date on which Amending Act, 1955 came into force. 6. These words, brackets and figures were substituted for the words "Nothing in section" by Guj. 16 of 1960, s. 28(1). 7. These Sub-section were substituted for the original sub-section (2) by Bom. 38 of 1957, s. 32. 96 [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.] (3) On receipt of such application, the Mamlatdar shall after giving notice to the tenant or tanants of the land, hold inquiry and decide whether the land leased by such person is exempt under sub-section (1) from the provisions of sections 32 to 32R. (4) If the Mamlatdar decides that the land is so exempt, he shall issue a certificate in the prescribed form to such person. 2[ * * * * * * ] Rights of

88C. (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 (5) and purchase of such land by the tenant there of as if such landlord were a certified landlord and such tenant were an excluded tenant within the meaning of those sections.]

5[88D. (1) Notwithstanding anything contained in sections 88, 88A, 88B and Government 88C, if the State Government is satisfied,– to withdraw exemption. (i) in the case of an area referred to in clause (b) of section 88, that the chances of non-agricultural or industrial development are remote, or that after the eviction of tenants from any land in such area, the land has not been used for a non-agricultural or industrial purpose, (ii) that the lands transferred by a Bhoodan Samiti are not cultivated personally by the transferees or are alienated by them, (iii) in the case of lands referred to in clause (b) of section 88B, that the trust is unable to look after the property or has mismanaged it or that there are disputes between the trust and the tenants, and (iv) in the case of lands referred to in section 88C, that the annual income of the person has exceeded ` 1,500 or that the total holding of such person exceeds an economic holding, the State Government may, by order published in the prescribed 1. This proviso was inserted by Guj. 16 of 1960, s. 28(2). 2. Sub-section (5) was deleted, ibid., s. 28(3). 3. Section 88CC was inserted by Guj. 37 of 1980, s. 5, Sch., Sr. No. 1(2). 4. Section 88CA was inserted by Bom. 63 of 1958, s. 18. 5. This section was substituted for the original by Bom. 38 of 1957, s. 33. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 97 manner, direct that with effect from such date as may be specified in the order such land or area, as the case may be, shall cease to be exempted from all or any of the provisions of this Act form which it was exempted under any of the sections aforesaid, and any certificate granted under section 88B or 88C, as the case may be, shall stand revoked. (2) Where any such land or area ceases to be so exempted than in the case of a tenancy subsisting on the date specified in the order issued under sub-section (1), the landlord shall be entitiled to terminate such tenancy under section 31 within one year from such date and the tanant, unless his tenancy is so terminated, shall have a right to purchase the land within one year from the expiry of the period during which such landlord is entitled to terminate the tenancy. The provisions of sections 31 to 31D (both inclusive) and sections 32 to 32R (both inclusive) shall so as far may be applicable, apply to such termination of tenancy and to the right of the tenant to purchase the land.]

1[88E. (1) Notwithstanding anything contained in section 88B, with effect on and Cessor of from the specified date lands which are the property of an institution for public exemption religious worship shall cease to be exempted from those provisions of the Act except in respect of certain public sections 31 to 31D (both inclusive) from which they were exempted under section 88B trust lands. and all certificates granted under that section in respect of such lands shall stand revoked. (2) Where any such land ceases to be so exempted, then in the case of a tenancy subsisting immediately before the specified date the tenant shall be deemed to have purchased the land on the specified date and the provisions of sections 32 to 32R (both inclusive) shall so far as may be applicable, apply. Guj. 16 Explanation.–In this section "specified date" means the date of the commencement of 1969. of the Gujarat Devasthan Inams Abolition Act, 1969.]

3[88CC. Notwithstanding anything contained in this Act, a tenant who does certain tenants not belong to any of the Scheduled Tribes shall not, after the commencement of to purchase the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 be entitled to land barred. purchase from the landlord under this Act, any land leased to him with the previous Guj. 37 of 1980. sanction of the Collector under section 73AA of the of the Bombay Land Revenue Bom. V Code, 1879. of 1879. Explanation.–For the purpose of this section, "Schedule Tribes" means such tribes or tribal communities or part of or groups within such tribes or tribal communities as are deemed of the Scheduled Tribes in relation to the State of Gujarat under article 342 of the Constitution.] Sections 32 4[88CA. Nothing in section 32 to 32R (both inclusive) shall apply to land held to 32R not to as inam or watan for service useful to Government but not assigned as remuneration apply to certain to the person actually performing such service for the time being under section 23 service lands. Bom. III of the Bombay Hereditary Offices Act, 1874, or any other law for the time being of 1874. in force.] Power of

89. (1) The enactment specified in 2[Schedule I] is hereby repealed to the extent Repeal. mentioned in the fourth column thereof. (2) But nothing in this Act or any repeal effected thereby– Bom. V (a) shall affect the amendments made in section 59 of the Bombay Land of 1879. Revenue Code, 1879, or sections 6 and 9 of the Khoti Settlement Act, 1880; Bom. I of 1880. (b) shall, save as expressly provided in this Act, affect or be deemed to affect,– (i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Act, or 1. Section 88E was inserted by Guj. 16 of 1969, s. 31, Sch., Item (2). 2. These word and figure were substituted for the words "the Schedule" by Bom. 13 of 1956, s. 49. 98 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII (ii) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this Act, and any such proceedings shall be continued and disposed of, as if this Act was not passed. (3) Notwithstanding anything contained in sub-section (2), all proceedings for the recovery or restoration of the possession of the land under section 7 of the Act so repealed, pending at the date of the commencement of this Act before the Mamlatdar or in appeal before the Collector, shall, notwithstanding anything contained in this section, be deemed to have been instituted and pending before the Mamlatdar or in appeal before the Collector, at the case may be, under this Act and shall be disposed of in accordance with the provisions of this Act. (4) Any appointment, notification, notice, order, rule or form made or issued under the Bombay Tenancy Act, 1939, shall continue to be inforce and deemed to have Bom. been made or issued under the provisions of this Act, in so far as such appointment, XXIX of notification, notice, order, rule or form is not inconsistent with the provisions of this 1939. Act or rules made thereunder and shall continue to be in foce unless and until it is superseded by any appointment, notification, notice, order, rule or form made or issued under this Act. Enactments

Schedule I 98 Schedule II 101 Schedule III 103 Schedule IV [Deleted]. 104 -------------- PB The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 1 Bom. XIII of 1956. Bom. XIII of 1956. Bom. XIII of 1956. Gujarat Act No. LXVII of 1948.1 [ The 2[GujaraT] Tenancy and aGriculTural lands acT, 1948. ] [28th December, 1948.] Adapted and modified by the Adaptation of Laws Order, 1950. Amended by Bom. 12 of 1951. Amended by the President's Act. 37 of 1976. Amended by the Guj. 3 of 1977. ,, ,, ,, 34 of 1951. ,, ,, ,, 3 of 1977. ,, ,, ,, 45 of 1951. ,, ,, ,, 30 of 1977. ,, ,, ,, 33 of 1952. ,, ,, ,, 11 of 1978. ,, ,, ,, 60 of 1953. ,, ,, ,, 4 of 1979. ,, ,, ,, 13 of 1956. ,, ,, ,, 4 of 1980. Adapted and modified by the Adaptation of Laws (State and Concurrent Subjects) Order, 1956. ,, ,, ,, ,, ,, ,, ,, ,, ,, 37 of 1980. 13 of 1981. 5 of 1982. Amended by Bom. 15 of 1957.* ,, ,, ,, 8 of 1984. ,, ,, ,, 38 of 1957.† ,, ,, ,, 8 of 1986. ,, ,, ,, 63 of 1958.†† ,, ,, ,, 8 of 1987. ,, ,, ,, 21 of 1987. Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. ,, ,, ,, ,, ,, ,, ,, ,, ,, 4 of 1995. 7 of 1997. 3 of 2001. Amended by Guj. 15 of 1957. * ,, ,, ,, 10 of 2009. ,, ,, ,, 16 of 1960. ,, ,, ,, 15 of 2011. ,, ,, ,, 27 of 1961. ,, ,, ,, 16 of 2011. ,, ,, ,, 15 of 1964. ,, ,, ,, 24 of 2011. ,, ,, ,, 24 of 1965. ,, ,, ,, 8 of 2014. ,, ,, ,, 36 of 1965. ,, ,, ,, 5 of 2015. ,, ,, ,, 15 of 1969. ‡ ,, ,, ,, 28 of 2015. ,, ,, ,, 16 of 1969. ,, ,, ,, 2 of 1971. ,, ,, ,, 5 of 1973. ,, ,, ,, 19 of 1973. ,, ,, ,, 2 of 1974. the President’s Act 7 of 1974. the President’s Act 15 of 1974. the President’s Act Guj.14 of 1976. 1. For Statement of Objects and Reasons see Bombay Government Gazette, 1948, Part V, page 295. Section 17 of Bom. 15 of 1957 reads as Follows :– "17. The amendment made to the said Act by section 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, and 14 and by sub-clause (a) of clause (1) and clause (2) of section 15 of this Act shall be deemed to have been made and to have come into force on the date on which the Bombay Tenancy and Agricultural Lands (Amendement) Act, 1955, came into force." † Section 34 of Bom. 38 of 1957 reads as follows :– "34 The amendment made to the said Act by sub-section (2) of section 2, sections 3, 4, 5, 11, 12 and 13, sub-section (1) of section 14 and sections 18, 20 and 28 shall be deemed to have been made and to have come into force on the date of which the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956, came into force." †† Section 21 of Bom. 63 of 1958 reads as follows :– "21. (1) The amendment made to the principal Act by sections 3, 5, 6, 7, 12, 13, 14, 15, 16, 17, 18 and 20 of the Act shall deemed to have been made and to have come into force on the date on which the Bombay Tenancy and Agricultual Land (Amendment) Act, 1955 came into force. (2) The amount of penalty, if any, paid by a transferee under sections 84A of the principal Act before the coming into force of this Act shall to the extent to which it is in excess of the amount payable under the said section as amendment by thisAct be refunded. (3) If any transfer in favour of the tenant is declared invalid under section 84B or 84C of the principal Act, before the coming into force of this Act, and if the tenants pays to the State Government a penalty as prescribed in the said section 84B or 84C as amended by section 13 or 14 of this such transer shall be revalidated by the mamlatdar." 2. This word was substituted for the word "Bombay" by Guj. 15 of 2011, Sch., Sr. No. 29. Certain amendments to have retrospective effect. Certain amedements to have retrospective effect. Certain amendments to have retrospective effect, and refund of penalty. An Act to amend the law relating to tenancies of agricultural lands and to make certain other provisions in regard to those lands. WHEAREAS it is necessary to amend the law which governs the relations of landlords and tenants of agricultural lands; and Whereas on account of the neglect of a landholder of disputes between a landholder and his tenants, the cultivation of his estate has seriously suffered, or for the purpose of improving the economic and social conditions of peasants or ensuring the full efficient use of land for agriculture, it is expendient to assume management of estate held by landholders and to regulate and impose restrictions on the transfer of agricultural lands, dwelling houses, sites and lands appurtenant thereto belonging to or occupied by agriculturists, agrigultural, labourers and artisans in the Province of bombay and to make provisions for certain other purpose hereinafter appearing; It is hereby enacted as follows:–