Chapter I Preliminary.

1. (1) This Act may be called the 1[Gujarat] Tenancy and Agricultural Lands Act, 1948. extent. (2) It extends to the 2[Bombay area of the State of Gujarat.] Definitions.

General ProviSionS reGardinG tenancieS.

3. Clauses (1) and (1A) were substituted for the original clause (1) by Bom. 13 of 1956, s.2(1).

4. These words were inserted by Bom. 15 of 1957, s. 2 (a).

2[4A. For the purpose of this Act, a person shall be recognised to be a protected tenant, Bom. Protected XXIX of if such person has been deemed to be a protected tenant under sections, 3, 3A and 4 of the tenants. 1939. Bombay Tenancy Act, 1939 referred to in Schedule 1 to this Act. Tenancy not to

4B. No tenancy of any land 3[(other than tenancy created with the previous sanction be terminated of the Collector under section 73AA of the Bombay Land Revenue Code, 1879)] shall be by efflux of terminated merely on the ground that the period fixed by agreement or usage for its duration time. has expired.] Ceiling area. 4[5. (1) For the purpose of this Act, the ceiling area of lands shall be– (a) 48 acres of jirayat land, or (b) 24 acres of seasonally irrigated land or paddy or rice land, or (c) 12 acres of perennially irrigated land. (2) Where the land held by a person consists of two or more kinds of land specified in sub-section (1), the ceiling area of such holding shall be determined on the basis of one acre of perennially irrigated land being equal of two acres of seasonally irrigated land or paddy or rice land, or four acres of jirayat land. 5[(3) Where in any case the ceiling area as determined under the provisions of Guj. XXV II the Gujarat Agricultural Lands Ceiling Act, 1960 as in force for the time being is of 1961. less than the ceiling area specified in this section, then, notwithstanding anything contained in this section, the ceiling area of land as determinaed under the said Act shall be the ceiling area for the purposes of this Act.] 6[Explanation.–In calculating the ceiling area warkas land shall be excluded.] Economic 6. (1) For the purpose of this Act, an economic holding shall be – holding. (a) 16 acres of jirayat land, or (b) 8 acres of seasonally irrigated land, or paddy or rice land, or (c) 4 acres of perennially irrigated land. (2) Where the land held by a person consists of two, or more kinds of land specified in sub-section (1), an economic holding shall be determined on the basis applicable to the ceiling area under sub-section (2) of section 5. 7[Explanation.–In calculating an economic holding warkas land shall be excluded.] 1. Explanation II was inserted by Bom. 38 of 1957, s. 3. 2. Sections 4A and 4B were inserted by Bom. 13 of 1956, s. 3. 3. These brackets, words, figures and letters were inserted by Guj. 37 of 1980, s. 5, Sch., Sr. No. 1 (1). 4. These sections were substituted for sections 5,6,7,8 and 9 by Bom. 13 of 1956, s. 4. 5. Sub-section (3) was inserted by Guj. 2 of 1974, s. 30. 6. This Explanation was added by Bom. 15 of 1957, s. 3. 7. This Explanation was added, ibid., s. 4. The Gujarat Tenancy And Agricultural Lands Act, 1948 9

5. This proviso was added by Guj. 16 of 1960, s. 2. The Gujarat Tenancy And Agricultural Lands Act, 1948 3 (1A) "agricultural labourer" means a person whose principal means of livelihood is manual labour on land;] (2) "agriculturist" means a person who cultivates land personally; 2 [(2A) "allied pursuits" means dairy farming, poultry farming, breeding of livestock, grazing 2 [(other than the pasturage of one's own agricultural cattle)] and such other pursuits as may be prescribed; (2B) "appointed day" means the 15th day of June, 1955. (2C) "backward area" means any area declared by the State Government to be a backward area, being an area in which, in the opinion of the State Government, socially, economically and educationally backward classes of citizens predominate, and includes an area declared to be Scheduled area under paragraph 6 of the Fifth Schedule to the Constitution of India; (2D) "ceiling area" means in relation to land held by a person, whether as an owner or tenant or partly as owner and partly as tenant, the area of land fixed as a ceiling area under section 5 or 7; Bom. V (2E) "Collector" includes an Assistant or Deputy Collector performing the duties of 1879. and exercising the powers of the Collector under the Bombay Land Revenue Code, 1879, or any other officer specially empowered by the State Government to perform the function of the Collector under this Act;] Bom. VII (3) "Co-operative Socitey" means a society registered under the provisions of the of 1925. Bombay Co-operative Society Act, 1925, or a society deemed to have been registered under the said Act; Bom. VII (4) Co-operative Farming Society" means a society registered as such under the of 1925. Bombay Co-operative Socities Act, 1925; 3[ (5) "to cultivate" which its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce, whether by manual labour or by means of cattle or machinery, or to carry on any agricultural operation thereon; and the expression "uncultivated" shall be constructed correspondingly. Explanation.–A person who takes up a contract to cut grass, or to gather the fruits or other produce of trees on any land, shall not on that account only be deemed to cultivate such land;] 4[ (6) "to cultivate personally" means to cultivate land on one's own account– (i) by one's own labour, or (ii) by the labour of any member of one's family, or (iii) under the personal supervision of oneself or any member or one's family, by hired labour or by servants on wages payable in cash or kind but not in crop share. 5[ * * * ] 1. Clauses (2A) , (2B), (2C), (2D) and (2E) were substituted for clauses (2A) by Bom. 13 of 1956, s. 2(2). 2. This protion was inserted by Bom. 15 of 1957, s. 2(b). 3. Clause (5) was substituted for the original by Bom. 13 of 1956, s. 2 (3). 4. Clause (6) was substituted for the original, ibid., s. 2 (4). 5. This portion was deemed always to have been deleted by Guj. 3 of 2001, s. 2. The Gujarat Tenancy And Agricultural Lands Act, 1948 5 1[ * * * * * *] Explanation I.—A widow or a minor, or a person is subject to physical or mental disability, or a serving member of the armed forces shall be deemed to cultivate the land personally if such land is cultivated by servants, or by hired labour, or through tenants. Explanation II.— In the case of a joint family, the land shall be deemed to have been cultivated personally, if it is cultivated by any member of such family, 2[and in the case of a family other than a joint family, a person, other than the husband, or, as the case may by, wife of the person concerned or any of his lineal descendants dependant on him, shall not be deemed to be a member of the family.] 3[ * * * * * *] 4[ * * * * * *] 5[ (6A) "to hold land" as an owner or tenant shall, for the purposes of clause (2D) of this section and sections 32A, 32B, 34 and 35, mean to be area of land fixed as an economic holding under section 6 or 7; (6B) "fragment" means a fragment as defined in sub-section (4) of section 2 of the Bom. LXII of Bombay prevention of Fragmentation and Consolidation of Holdings Act, 1947]; 1947. 6[(6C) "to hold land" as an owner or tenant shall, for the purposes of clause (2D) of this section and sections 32A, 32B, 34 and 35, mean is be lawfully in actual possession of land as an owner or tenant, as the case may be;] (7) "Improvement" means with reference to any land, any work which adds to the value of the land and which is suitable thereto as also consistent with the purpose for which it is held; and includes— (a) the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purpose; (b) the construction of works for the drainage of land or for the protection of land from floods or from erosion or other damage from water; (c) the reclaiming, clearing, enclosing, levelling or terracing of land. (d) the erection of buildings on the land, required for the convenient or profitable use of such land for agricultural purpose; and 1. This proviso was deleted by Guj. 5 of 1973, s. 2(1) (a). 2. This portion was added, ibid., s. 2(1) (b). 3. Explanation III inserted by Guj. 5 of 1973, s. 2(1) (c) was deemed always to have been deleted by Guj. 3 of 2001, s. 2. 4. Clause (6AA) which was inserted by Bom. 38 of 1957, s. 2(1) was deleted by Bom. 63 of 1958, s. 2. 5. Clauses (6A) and (6B) were inserted by Bom. 13 of 1956, s. 2(5).

6. Clause (6C) was inserted by Bom. 15 of 1957, s. 2 (c). The Gujarat Tenancy And Agricultural Lands Act, 1948 5 (e) the renewal or reconstruction of any of the foregoing works or alterations therein or additions thereto as are not of the nature of ordinary repairs; but does not include such clearances, embankments, levellings, enclosures, temporary wells, water channels and other works as are commonly made by the tenants in the ordinary course of agriculture; 1[(7A) "joint family" means an undivided Hindu Family, and in the case of other persons a group or unit the members of which are by custom joint in estate or residence;] 2[(8) "land" means– (a) land which is used for agricultural purpose 3[or which is so used but is left fallow, and includes the sites of farm buildings ] appurtenants to such land; and (b) for the purposes of sections 11, 16, 17, 17A, 17B, 18, 19, 20, 26, 28, 29, 29A, 30, 41, 4[43] , 63, 64, 64A, 84A ,84B and 84C– (i) the sites of dwelling houses occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses. (ii) the sites of structures used by agriculturiests for allied pursuits;] (9) "landholder" means a zamindar, jagirdar, saranjamdar, inamdar, talukdar, malik or khot or any person not hereinbefore specified who is a holder of land or "who is interested in land and whom the 5[State] Government has declared on account of the extent and value of the land or his interests therein to be a landholder for the purpose of this Act; 6[(9A) "landless person" means a person who, holding no land for agricultural purpose, whether as an owner or tenant earns his livelihood principally by manual labour; and intends to take the profession of agriculture and is capable of clutivating land personally;] (10) "Mamlatdar" includes a Mahalkari and any other officer, whom the 5[State] Government may appoint to perform the duties of a Mamlatdar under thisA ct; 7[(10A) "permanent tenant" means a person– (a) who immediately before the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955 (hereinafter called "the Amending Act, 1955"),– 1. Clause (7A) was inserted by Bom. 13 of 1956, s. 2(6). 2. Clause (8) was substituted for the oridinal, ibid., s. 2(7). 3. These words were substituted for the words" and the sites of farm buildings" by Bom. 15 of 1957, s. 2 (d). 4. These figures were inserted by Guj. 30 of 1977, s. 2. 5. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 6. Clause (9A) was inserted by Bom. 13 of 1956, s. 2(8).

6A. For the purpose of this Act,- Irrigated land. Bom. (a) irrigated Land, whether perennially or seasonally irrigated, shall not include VII of land irrigated by source other than canals or bandharas within the meaning of the Bombay 1979. Irrigation Act, 1979, or any lift irrigation system constucted or maintained by the State Government; (b) seasonally irrigated land shall include alluvial land and land situated in the bed of a river and seasonally flooded by the water of such river. 7. Notwithstanding anything contained in section 5 and 6, it shall be lawful for the Power of State Government, if it is satisfied that it is expedient so to do in the public interest, to Government vary, by notification in the Official Gazette, the acreage of the ceiling area or economic to vary holding, or the basis of determination of such ceiling area or economic holding under ceiling area and sub-section (2) of section 5, regard being had to- economic (a) the situation of the land, holding. (b) its productive capacity, (c) the fact that the land is located in a backward area, and (d) any other factors which may be prescribed: 1[Provided that the extent of ceiling area shall not be varied so as to increase if Guj it is already in excess of the ceiling area as determine for the time beining under the XXVII Of Gujarat Agricultural Land Ceiling Act, 1960, or so as to exceed the extent of ceiling 1961. area as so determined if it is less than such extent.] 8. (1) Subject to the provision of this Act.- Rent and (a) but notwithstanding any law, custom, usage, agreement or the decree its or order of a court, the rent payable shall be paid annually, and in cash; maximum and (b) such rent shall not exceed five times the assessment payable in respect minimum. of the land or twenty rupees per acre whicher is less, and shall not be less than twice such assessement: Provided that where the amount equal to twice the assessment exceeds the sum of twenty rupees per acre, the rent shall br twice the assessment. (2) For the purpose of this section “assessment”means- (i) in areas in which a settlement has been made under Chapter VIIIA of the Bom. V of Bombay Land Revenue Code, 1879, or in which the assessment has been fixed under 1879. section 52 of the said Code the assessment so settled or fixed; (ii) in areas to which rule 19N of the Land Revenue Rules, 1921, applies such assessment as may be leviable under that rule; Bom. (iii) in areas to which the Bombay Merged Territories and Areas (Jagirs Abolition) XXXIX of Act, 1953 applies the assessment fixed under section 7 of that Act; 1954. (iv) in areas in which the assessment is payable in crop share or produce, such assessment as may be fixed by the State Government in accordance with the principles laid down in rule 19-O of the Land Revenue Rules,1921. 1. This proviso was added by Guj. 5 of 1973, s.3. The Gujarat Tenancy And Agricultural Lands Act, 1948 11 (3) If by custom, usage, agreement or the decree or order of a court, the amount of rent payable is less than the maximum or minimum specified in subsection (1), the amount so payable shall be the rent in respect of the land. Explanation.–In respect of any land which is partially or wholly exempt from the payment of land revenue, the full amount of assessment leviable in respect of such land shall be deemed to be the assessment in respect thereof for the purpose of sub-section (1) as if the land was not exempt from the payment of the land revenue either partially or wholly. Rate of rent

7. Clause (10A) was inserted, ibid., s. 2 (9). The Gujarat Tenancy And Agricultural Lands Act, 1948 7 (i) holds land as mulgenidar or mirasdar; or (ii) by custom, agreement or the decree or order or a Court holds the land on lease permanently; or (b) the commencement or duration of whose tenancy cannot satisfactorily be proved by reason of antiquity; and includes a tenant whose name or the name of whose predecessor-in-title has been entered in the record of rights or in any public record or in any other revenue record as a permanent tenant immediately before the commencement of the Amending Act, 1955]; (11) "person" includes 1[ a joint ] 2[* * ]family; (12) "prescribed" means prescribed by rules made under this Act; (13) "profits of agriculture" in respect of any land means the surplus remaining 3[with the holder] after the expenses of cultivation including the wages of the cultivator working on the land are deducted from the gross produce. 4[Explanation.–If the members of the family of a holder work on the land for the purpose of cultivation thereof, the labour of such members shall be taken into account in estimating the expenses of cultivation referred to in this caluse]; (14) "protected tenant" means a person who is recognised to be a protected tenant 5[under section 4A]; 6[ * * * * * ] (16) "rent" means any consideration, in money or kind or both, paid or payable by a tenant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour; 7[(16A) "serving member of the armed forces" means a person in the service of the armed forces of the Union: Provided that if question arises whether any person is a serving member of the armed forces of the Union, such question shall be decided by the State Government, and its decision shalll be final; (16B) "small holder" means an agriculturist cultivating land less in area than an economic holding who earns his livelihood principally by agriculture or by agricultural labour;] 8[(16C) "specified date" means the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1972;] Guj. 5 of 1973. (17) "tenancy" means the relationship of landlord and tenant; 1. These words were substituted for the words "an undivided" by Bom. 13 of 1956, s. 2(10). 2. The word "Hindu" was deleted by Bom. 38 of 1957, s. 2(2). 3. These words were substituted for the words "with the cultivator" by Bom. 13 of 1956, s. 2 (11) (a). 4. This Explanation was inserted, ibid., s. 2 (11) (b). 5. These words, figure and letter were substituted for the words and figures " under section 31", ibid., s. 2(12). 6. Clause (15) was deleted, ibid., s. 2 (13). 7. Clasuses (16A) and (16B) were inserted, ibid., s. 2 (14).

8. Clasuse (16C) was inserted by Guj. 5 of 1973, s. 2(2). The Gujarat Tenancy And Agricultural Lands Act, 1948 7 1[(18) "tenant" means a person who holds land on lease and includes– (a) a person who is deemed to be a tenant under section 4; (b) a person who is a protected tenant; and (c) a person who is a permanent tenant; 2[(d) a person who, after the surrender of his tenancy in repect of any land at any time after the appointed day but before the specified date has continued, or is deemed to have continued, to remain in actual possession, with or without the consent of the landlord, of such land till the specified date;] and the word "landlord" shall be construed accordingly;] (19) "Tribunal" means the Agricultural Lands Tribunal constituted under section 67; 3[(20) "Village" means a village recognised as such in the revenue accounts;] 4[(20A) "Warkas lands" means land which is used for the purpose of rab manure in connection with rice cultivation and is classified in the revenue record as Warkas;] Bom. V (21) words and expressions used in this Act but not defined shall have of 1879. the meaning assigned to them in the Bombay Land Revenue Code, 1879, and the IV of Transfer of Property Act, 1882, as the case may be. 1882. CHAPTER II. General ProviSionS reGardinG tenancieS. IV of 3. The provisions of Chapter V of the Transfer of Property Act, 1882, shall Application 1882. in so far as they are not inconsistent with the provisions of this Act, apply to the of Chapter V of Transfer of tenancies and leases of land to which this Act applies. Property Act. 4. A person lawfully cultivating any land belonging to another person shall be Persons to be deemed to be a tenant if such land is not cultivated personally by the owner and deemed tenants. if such person is not– (a) a member of the owner's family; or (b) a servant on wages payable in cash or kind but not in crop share or a hired la- bourer cultivating the land under the personal supervision of the owner or any member of the owner's family, or (c) a mortgagee in possession. Explanation 5[I].– A person shall not be deemed to be a tenant under this section if such person has been on an application made by the owner of the land as provided Bom. under section 2A of the Bombay Tenancy Act, 1939 declared by a competent authority XXIX of not to be a tenant. 1939. 1. This clause was substituted for the original by Bom. 13 of 1956, s. 2(15). 2. Item (d) was inserted by Guj. 5 of 1973, s. 2(3). 3. This clause was substituted for the orginal by Bom. 13 of 1956, s. 2(16). 4. This clause was inserted by Bom. 15 of 1957, s. 2(c). 5. The existing Explanation was renumbered as Explanation I by Bom. 38 of 1957, s. 3. The Gujarat Tenancy And Agricultural Lands Act, 1948 9 1[Explanation II.– Where any land is cultivated by a widow or a minor or a person who is subject to physical of mental disability or a serving member of the armed forces through a tenant then notwithstanding anything contained in Explanation I to clause (6) of section 2, such tenant shall be deemed to be a tenant within the meaning of this section.]

9. (1) Subject to the maximum and minimum limits of rent fixed under section 8, the payable by Mamlatdar shall for each village, or group of villages or for any area in such village or group, tenant to his within his jurisdiction, fix the reate of rent payable by a tenant for the lease of different classes landlord. of land situate in such village or group of villages or areas, as the case may be: 1[2[Provided that this sub-section shall not apply to rent payable in accordance with the provisions of sub-section (3) of section 8 where it is lower than the rent at the rate fixed by the Mamlatdar under this section.]] (2) In arriving at such rate the Mamlatdar shall have regard to the rents prevalent in the locality, the productivity of the lands, the prices of commodities and such other factors as may be prescribed. (3) The rate of rent so fixed shall continue for a period of five years and shall be liable to be revised by the Mamlatdar thereafter at the end of each successive period of five years: Provided that the rate of rent so fixed, if not revised at the end of any such period, shall continue until it is so revised. (4) The rent payable by a tenant to his landlord in respect of any land in a village or group of villages, or areas, shall be at the rate fixed under subsection (1): Provided that the Mamlatdar or the Collector, subject to the provisions of section 8, may at any time during any such period of five years, on an application made to him in this behalf,– (i) reduce the rent, if he is satisfied that on account of the deterioration of the land by flood, or other cause beyond the control of the tenant, the land has been wholly or partially rendered unfit for cultivation, or (ii) enhance the rent, if he is satisfied that on account of any improvement made in the land, at the expense of the landlord, there has been an increase in the agricultural produce thereof. Quantum of

9A. (1) The rent payable by a tenant shall, subject to the maximum and minimum fixed rent payable under section 8, be the rent at the rate fixed under section 9 in respect of the class of land to by tenant to which the land held by the the tenant belongs 3[or where rent payable under the operation landlord. of sub-section (3) of section 8 is lower than the rent at the rate fixed under section 9, such lower rent]: 1. This proviso was added by Bom. 15 of 1957, s. 5. 2. This proviso was substituted by Bom. 38 of 1957, s. 4. 3. This portion was substituted for the orginal, ibid., s.5. The Gujarat Tenancy And Agricultural Lands Act, 1948 11 1[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 :— (i) the amount of full assessment leviable in respect of such land, (ii) the amounts of the casses mentioned in claused (b), (c) and (d) of sub-section (1) of section 10A levied of leviable in respect of such land under the relvent 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.] (2) If there is a dispute regarding the class to which any land belong, either of the parties to the dispute may apply to the Mamlatdar who shall, after making an inquiry, decide the dispute.

9B. Notwithstanding any law, usage or agreement or the decree or order of a court in Landlord not the case of land in respect of which the rent has been fixed under section 9, a landlord shall liable to make contribution not be liable to make any contribution towards the cultivation of the land in the possession towards cost of his tenants. of cultivation.

9C. Until the rent is fixed in accordance with the provisions of the preceding section, Liability of a tenant shall, subject to the maximum provided under section 8, be liable to pay to the tenant to payment landlord the rent at the rate of which it was payable immediately before the commencement until rent is of the Amending Act, 1955; and if such rent was payable in crop share or produce, either fixed under partly or wholly, the value of such crop share or produce shall be determined in the prescribed preceding manner.] sections.

10. If any landlord recovers rent from any tenant in contravention of the provisions Refund of rent of section 2[8, 9, 9A or 9C] he shall forthwith refund the excess amount recovered to the recovered in contravention tenant and shall be liable to pay such compensation to the tenant as may be determined by of the provisions the Mamlatdar in this behalf and shall also be liable to such penalty as may be prescribed of the Act and by rules made under this Act. other penalties.

3[10A. (1) Subject to the provisions of sub-section (2), every tenant shall be liable Liability of to pay in respect of the land held by him as a tenant— tenant to pay land revenue Bom. V (a) the land revenue in accordance with the provisions of the Bombay Land Revenue and certain of 1879 Code, 1879. other cesses. Bom. VII (b) the irrigation cess in accordance with the provisions of the Bombay Irrigation Act, of 1879 1879, 4[*]. 1. These provisons were added by Guj. 16 of 1960, s. 3. 2. The figures, letters and word were substituted for the figures and word "6, 7, 8 or 9" by Bom. 13 of 1956, s. 5. 3. This section was inserted, ibid., s. 6. 4. The word "and" was deleted by Bom. 38 of 1957, s. 6 (1)(i). The Gujarat Tenancy And Agricultural Lands Act, 1948 13 (c) the cess levied under section 93 of the Bombay Local Boards Act, 1923 as amended Bom. VI in Schedule II to this Act, 1[and] of 1923. 2[(d) the cess levied under section 89B of the Bombay Village Panchayats Act, 1933]. Bom. VI of 1933. (2) If the aggregate amount of— (i) the land revenue payable by a tenant under clause (a) of sub-section (1) (ii) the cess payable by him under 3[clauses (c) and (d)] of sub-section (1) and (iii) the rent payable by him to the landlord under section 9 or 9C, as the case may be, for any year exceeds the value of one-sixth of the produce of such 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. (3) Nothing in sub-section (1) and (2) shall apply to any land held by— (a) a tenant in a Scheduled area; (b) a tenant who is paying to the landlord the rent 4[* * * *] under sub-section (3) of section 8 5[until such tenant is deemed to have purchased the land under section 32 or purchases the land under section 32F 6[* *] and the purchase price is determind under section 32H]. 7[(c) a tenant, where such land is wholly or partly exempt from the payment of land revenue]. Abolition of all

12. [Deleted]. 12

13. (1) Notwithstanding anything contained in section 84A of the Bombay Land Suspensions or Bom. V Revenue Code, 1879, whenever from any cause the payment of the whole land revenue remissions of rent. of 1879 payable to Government 1[ * * * * ] in respect of any land is suspended or remitted, the landlord 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 landlord shall suspend or remit the rent payable by the tenant of such land in the same proportion. (2) If no land revenue is payable to Government in respect of such land and if from any cause, the payment of the whole or any part of the land revenue payable to Government in respect of any other land in the neighbourhood of such land has been suspended or remitted, the Collector shall, subject to the general or special orders of Government, in the manner provided in sub-section (1) suspend or remit, as the case may be, the payment to the landlord of the rent or part of it due in respect of such land. (3) No application for assistance under sectioins 86 and 87 of the Bombay Land Bom. V Revenue Code, 1879, shall be entertained, no suit shall be lie and no decree of a Civil Court of 1879. shall be executed for recovery by a landlord 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 or limitation prescribed for any suit or proceeding for the recovery of such rent. (4) Notwithstanding anything contained in sections 86 and 87 of the Bombay Land Revenue Code, 1879, the Collector shall in passing an order under sub-section (2) of section-87 Bom. V of 1879. of the said Code, for rendering assistance to the landlord allow to the tenant, a set-off for the sum, if any, paid by such tenant to the landlord, in excess of the amount of rent due from him after deducting the amount required to be remitted under sub-section (1) or sub-section (2) of this section or under section 84A of the said Code. The set-off under this sub-section shall be allowed only in respect of the sums paid by such tenant to such landlord during a period of three years immediately preceding the date of the application made under section 86 of the said Code. (5) If any landlord fails to suspend or remit the payment of rent as provided in this section, he shall be liable to refund to the tenant the amount recoverd 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 2[and for inflicting such penalty on the landlord as may be prescribed.]

3[14. (1) Notwithstanding any law, agreement or usage or the decree or order of a Termination court, the tenancy of any land shall not be terminated— of tenancy for default of tenant. (a) unless the tenant— (i) has failed to pay the rent for any revenue year before the 31st day of May thereof; 1. The words "by a landlord" were deleted by Bom. 13 of 1956, s. 9(1). 2. These words were added, ibid., s. 9(2). 3. This section was substituted for the original, ibid., s. 10. The Gujarat Tenancy And Agricultural Lands Act, 1948 15 (ii) has done any act which is destructive or permanently injurious to the land (iii) has sub-divided, sub-let or assigned, the land in contravention of section 27; (iv) has failed to cultivate it personally; of (v) has used such land for a purpose other than agriculture or allied pursuits; and (b) unless the landlord has given three months' notice in writing informing the tenant of his decision to terminate the tenancy and the ground for such termination, and within that period the tenant has failed to remedy the breach for which the tenancy is liable to be terminated. (2) Nothing in sub-section (1) shall apply to the tenancy of any land held by a permanent tenant unless by the conditions of such tenancy the tenancy is liable to be terminated on any of the grounds mentioned in the said sub-section.] Surrender by

1[15. (1) Notwithstanding anything contained in this Act, or in any other law for the tenant. time being in force, no tenant shall at any time terminate the tenancy in respect of any land by surrendering his interest therein in favour of the landlord. (2) If a tenant intends to terminate tenancy in respect of any land by surrendering his interest therein, he shall intimate in writing to the landlord and to the Collector to that effect. On receipt of such intimation the Collector shall, after giving an opportunity to the landlord, the tenant and any other person interested in the land to be heard and after holding such inquiry as he deems fit, call upon the tenant to tender to the landlord, the rent in arrears within the period specified in the order and pass an order directing that the tenancy shall be terminated and that the land shall vest in the State Government free from all encumbrances as if, on termination of such tenancy, the State Government had acquired the land from the landlord, and such land shall be liable to be disposed of in the manner provided under clause (c) of sub-section (2) of section

16. (1) If in any village a tenant, is in occupation of a dwelling house built at the from dwelling expense of such tenant or his predecessor-in-title on a site belonging to his landlord, such house. tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment) unless— 1. This section was substituted by Guj. 5 of 1973, s. 4. The Gujarat Tenancy And Agricultural Lands Act, 1948 15 (a) the landlord proves that the dwelling house was not built at the expense of such tenant or his predecessor-in-title; and (b) such tenant makes 1[any three defaults] in the payment of rent, if any, which he has been paying for the use and occupation of such site. (2) The provisions of sub-section (1) shall not apply to a dwelling house which is situated on any land used for the purposes of agriculture from which he has been evicted under 2[section 31].

17. (1) If a landlord to whom the site referred to in section 16 belongs, intends to sell Tenant to be such site, the tenant at the expense of whom or whose predecessor-in-title, a dwelling house given first option of is built thereon shall be given in the manner provided in sub-section (2) of the first option purchasing of purchasing the site at a value determined by the Tribunal. site on which he has built (2) The landlord intending to sell such site shall give notice in writing to the tenant a dwelling requiring him to state within three months from the date of service of such notice whether house. he is willing to purchase the site. (3) If within the period of three months so specified the tenant intimates in writing to the landlord that he is willing to purchase the site, the landlord shall make an application to the Tribunal for the determination of the value of the site. On receipt of such application the Tribunal after giving notice to the tenant and after holding an inquiry shall determine the value of the site 3[which shall not exceed 20 times the annual rent thereof]. The Tribunal may, by an order in writing require the tenant to deposit the amount of value of such site 4[within one year] from the date of such order. On the deposit of such amount the site shall be deemed to have been transferred to the tenant and the amount deposited shall be paid to the landlord. The Tribunal shall on payment of the prescribed fees grant a certificate in the prescribed form to such tenant specifying therein the site so transferred and the name of such tenant. (4) If the tenant fails to intimate his willingness to purchase the site within the time specified in sub-section (2) or fails to deposit the amount of the value within the time specified in sub-section (3) the tenant shall be deemed to have relinquished his right of first option to purchase the site and the landlord shall then be entitled to evict the tenant either on payment of such compensation for the value of the structure of such dwelling house as may be determined by the Tribunal or allow the tenant at his option to remove the materials of the structure. (5) Any sale of a site held in contravention of this section shall be null and void.

5[17A. (1) If a tenant referred to in section 16 intends to purchase the site on which Tenant's right a dwelling house is built, he shall give notice in writing to the landlord to the effect. to purchase site referred to (2) If the landlord refuses, or fails, to accept the offer and to execute the saledeed in section 16. within three months from the date thereof, the tenant may apply to the Tribunal for the 1. These words were substituted for the words "a default" by Bom. 13 of 1956, s. 12(1). 2. These words and figures were substituted for the words, brackets and figures "sub-section (1) of section 4", ibid., s. 12(2). 3. These words and figures were inserted, ibid., s. 13. 4. These words were substituted for the words "within three months", ibid. 5. Sections 17A and 17B were inserted, ibid., s. 14. The Gujarat Tenancy And Agricultural Lands Act, 1948 17 determination of the reasonable price of the land which shall not exceed 20 times the annual rent thereof; and there upon the provisions for the determination and payment of the price and the issue of a certificate of purchase contained in the next succeeding section shall apply thereto. Tenant to be

17B. 1[(1) On and with effect from such date as the State Government may, by deemed to notification in the Official Gazette, specify, every tenant referred to in section 16 shall be have purchased deemed to have purchased from his landlord the site on which the dwelling house occupied sites referred by such tenant, was built and the land immediately appurtenant thereto and necessary for to in enjoyment of the dwelling house free from all encumbrances, at the price to be fixed by the section 16 Tribunal, being a price not exceeding twenty times the annual rent for the site.] from specified date. (3) As soon as may be thereafter, the Tribunal shall publish or cause to be published a notice in such village within its jurisdiction in which all such sites are situate and shall, as far as practicable, issue notice to each such landlord and tenant and to any other person interested in such site to appear before it on the date specified in the notice. The notice published in a village shall be affixed in the Chavdi or at such public place as the Tribunal may direct. (4) The Tribunal shall, after giving an opportunity to such landlord, tenant and other person interested to be heard and after holding an inquiry, determine the price of the site. (5) On the determination of the price of the site under sub-section (4), the tenant shall deposit the amount of such price with Tribunal— . (a) either in lump sum within one year from such date, or (b) in such instalments not exceeding three with simple interest at the rate of 4½ percent. per annum, and at such intervals during the period not exceeding three years and on or before such dates. as may be fixed by the Tribunal and the Tribunal shall direct that the amount deposited in lump sum or the amount of the instalments deposited at each interval shall be paid in accordance with the provisions of section 32Q so far as they are applicable. (6) On the deposit of the amount of the price in lump sum or of the last instalment of such price, the Tribunal shall, on payment of a prescribed fee, grant a certificate in the prescribed form, to the tenant declaring him to be the purchaser to the site. Such certificate shall be conclusive evidence of the sale. (7) If the tenant fails to pay any instalment on or before the date fixed by the Tribunal under sub-section (5), the amount of such instalment and the interest thereon shall be recovered as an arrear of land revenue. (8) If after holding an inquiry under sub-section (4), the Tribunal is satisfied that the tenant is not willing to purchase the site, the Tribunal shall issue a certificate to the landlord to that effect. On the issue of such certificate the landlord shall be entitled to evict the tenant and dispose of the site in such manner as he may think fit either on payment of such compensation for the value of the structure of such dwelling house as may be determined by the Tribunal, or after allowing the tenant, at his option, to remove the materials of the structure:] 1. Sub-section (1) was substituted for sub-section (1) and (2) by Guj. 5 of 1973, s. 5(i). The Gujarat Tenancy And Agricultural Lands Act, 1948 17 1[Provided that the landlord shall not dispose of the site in any manner except by first giving option of purchasing the same for the price determined by the Tribunal, to an agricultural labourer, landless person, small holder or a village artisan, who owns no house site, in the said order of priority and where any site is disposed of without giving such option such disposal shall be void: Provided further that the provisions of section 63 shall apply to the disposal of the site in any manner in a case where the option of purchase is not exercised by any of the persons mentioned in the first proviso.]

2[18. The provisions of sections 16, 17, 17A and 17B shall apply — Dwelling houses of (a) to the dwelling houses and sites threof occupied by agricultural labourers and agricultural artisans in any village; and labourers, etc. (b) to the lands held on lease in any village by persons carrying on an allied pursuit for the purpose of such pursuit.]

19. If a tenant has planted of plants any trees on any land leased to him he shall Tenants be entitled to the produce and the wood of such trees during the continuance of his rights to trees planted tenancy and shall on the termination of his tenancy be entitled to such compensation by him. for the said trees as may be determined by the Mamlatdar: Provided further that the landlord shall during the continuance of the tenancy if the tenancy is terminated by surrender on the part of the tenant: Provided further that the landlord shall during the continuance of the tenancy, be entitled to the rent of the land as if the trees had not been planted.

21. [Deleted]. 17

22. Notwithstanding anything contained in section 123 of the Bombay Land Tenants Bom.V of Revenue Code, 1879, the responsibility for the maintenance and good repair of the responsible for 1879. maintenance of boundary marks of the land held by the tenant and any charges reasonably incurred on boundary account of service by revenue officers in case of alteration, removal or disrepair of such marks. boundary marks shall be upon the tenant. 1. These provisions were added by Guj. 5 of 1973, s.5(ii). 2. Section 18 was substituted for the origional by Bom. 13 of 1956, s. 15. The Gujarat Tenancy And Agricultural Lands Act, 1948 19 Repairs of

23. (1) Notwithstanding any agreement, usage or custom to the contrary, if it protective appears to the 1[State] Government that the construction, maintenance or repairs of any bunds. bunds protecting any land held by a tenant is neglected due to a dispute between the landlord and the tenant or for any other reason, it may by an order in writing direct that the construction, maintenance or repairs shall be carried out by such persons as may be specified in the order and the cost thereof shall be recoverable from the person in actual possession of the land as arrears of land revenue. (2) The person from whom the costs are recovered under sub-section (1) shall be entitled to recover the same or any part thereof from any person who under any agreement, usage or custom is wholly or partially liable to construct, maintain or repair the bands. (3) Notwithstanding anything contained in sub-section (1), it shall be lawful for the tenant of any land, the protective bunds of which are neglected, to construct, maintain or repair such bunds at his costs and the costs so incurred by him shall on application made by him to the Mamlatdar be recoverable by him from the landlord according to his liability under the agreement, usage or custom. The costs of the proceedings of the tenant's application shall also be recoverable from the landlord in case the landlord is held wholly or partially liable to pay the costs incurred by the tenant for construction, maintenance or repairs to the bunds. Relief against

24. Where any tenancy of any land held by any tenant is terminated on the ground termination that the tenant has done any act which is destrnctive or permanently injurious to the land, of tenancy in no proceeding for ejectment aganist such tenant shall lie unless and until the landlord certain cases. has served on the tenant a notice in writing specifying the act,of destruction or injury complained of and the tenant fails within a period of one year from the service of notice to restore the land to the condition in which it was before such destruction or injury. Relief against

25. 2[(1) Where any tenancy of any land held by any tenant is terminated for termination of payment of rent and the landlord files any proceeding to eject the tenant, the Mamlatdar tenancy for shall call upon the tenant to tender to the landlord the rent in arrears together with the non-payment cost of the proceeding, within 3[three months] from the date of order, and if the tenant of rent. complies with such 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 tenant shall hold the land as if the tenancy had not been terminated: 4[Provided that if the Mamlatdar is satisfied that in consequnance of total or partial failure of crops or similar calamity the tenant has been unable to pay the rent due, the Mamlatdar may, for reasons to be recorded in writing, direct that the arrears of rent together with the costs of the proceedings if awarded shall be paid within one year from the date of the order and that if before the expiry of the said period the tenant fails to pay the said arrears of rent and costs the tenancy shall be deemed to be terminated and the tenant shall be liable to be evicted.] 1. This word was substituted for the word "Provincial" by theAdaptation of Laws Order, 1950. 2. Section 25 was renumbered as sub-section (1) of that section by Bom. 33 of 1952, s. 5. 3. These words were substituted for the words "fifteen days" by Bom. 13 of 1956, s. 17 (1). 4. This proviso was added by Bom. 33 of 1952, s. 5(1). The Gujarat Tenancy And Agricultural Lands Act, 1948 19 1[(2) Nothing in this section] shall apply to any tenant whose tenancy is terminated for non-payment of rent if he has failed for any three years to pay rent 2[and landlord has given intimation to the tenant to that effect within a period of three months on each default.]

3[25A. If any land is mortgaged by a landlord by way of a usufructuary mortgage Tenancy to to a tenant cultivating such land, the tenancy of such land shall be in abeyance during the be in abeyance during period the mortagage subsists. After the expiry of the said period it shall, notwithstanding usufructuary any other law for the time being in force be lawful to the tenant to continue to hold the land mortgage in on the terms and conditions on which he held it before the mortgage was created.] favour of tenant.

26. (1) In the absence of an express intimation in writing to the contrary by a tenant, Receipts every payment made by a tenant to the landlord shall be presumed to be a payment on account for rent. of rent due by such tenant for the year in which the payment is made. 4[(2) When any amount of rent is received in respect of any land by a landlord or by a person on behalf of such landlord, the landlord or, as the case may be, the person shall at the time, when such amount is received by him, give a written receipt therefor in such form and in such manner as may be prescribed.]

5[27. (1) 6[Save as otherwise provided in section 32F no sub-division] or sub-letting Sub-division, sub-letting of the land held by a tenant or assignment of any interest therein shall be valid: and assignment Provided that nothing in this sub-section shall prejudicially affect the rights of a prohibited. permanent tenant: Provided further that if the tenant dies,− (i) if he is a member of a joint family, the surviving members of the said family, and (ii) if he is not a member of a joint family, his heirs, shall be entitled to partition and sub-divide the land leased subject to the following conditions :- (a) each sharer shall hold his share as a separate tenant, (b) the rent payable in respect of the land leased shall be apportioned among the shares, as the case may be, according to the share allotted to them, (c) the area allotted to each sharer shall not be less than the unit which the State Government may, by general or special order, specify in this behalf having regard to the productive capacity and other circumstances relevant to the full and efficient use of the land for agriculture. 1. These brackets, figure and words were substituted for the words "Provided that nothing in this section" by Bom. 33 of 1952, s. 5(2). 2. These words were substituted for the words and figures "within the period specified in section 14" by Bom. 13 of 1956, s. 17(2). 3. Section 25A was inserted by Bom. 34 of 1951, s. 2. 4. Sub-section (2) was substituted for the original by Bom. 63 of 1958, s. 4. 5. Section 27 was substituted for the original by Bom. 13 of 1956, s. 18. 6. These words, figures and letter were substituted for the words "No sub-division" by Bom. 38 of 1957, s. 8. The Gujarat Tenancy And Agricultural Lands Act, 1948 21 (d) if such area is less than the unit referred to in clause (c), the sharers shall be entitled to enjoy the income jointly, but the land shall not be divided by metes and bounds, (e) if any question arises regarding the apportionment of the rent payable by the sharers, it shall be decided by the Mamlatdar, whose decision shall be final. (2) Notwithstanding anything contained in sub-section (1), it shall be lawful for a tenant,- (a) who is a widow, minor or a person subject to any physical or mental disability, or a serving member of the armed forces, to sub-let such land held by her or him as a, tenant; or (b) Who is a member of a co-operative farming society and as such member to sub-let, assign mortgage or to create a charge on his interest in the land in favour of such society, Bom. or in consideration of a loan advanced by any person authorised under section 54 of the XXVIII Bombay Agricultural Debtors Relief Act, 1947. of 1947. (3) Notwithstanding anything contained in sub-section (1), it shall also be lawful for a tenant 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 in consideration XIX of 1888. of a loan advanced to him by such co-operative society, and without prejudice to any other XII of 1884. Bom. III of remedy open to the State Government or the co-operative society, as the case may be, in 1928. the event of his making default in payment of such loan in accordaance 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.] Bar to

28. Save as expressly provided in this Act or as provided in the Bombay Co-operative Bom. VII attachment, Societies Act, 1925, or the Bombay Agricultural Debtors Relief Act, 1947, for the recovery of 1925. seizure or sale of loans permitted under section 27, any interest in the land held by him as a tenant shall Bom. by process of XXVIII Court. not be liable to be attached, seized or sold in execution of a decree or order of a Civil Court. of 1947. Procedure of *29. (1) A tenant or an agricultural labourer or artisan entitled to possession of any taking possession. land or dwelling house under any of the provisions of this Act may apply in writing for * Section 4 of Bom. XLV of 1951 reads as under :- Pending 4. If at the date when this Act comes into force an application under section 29 of the said Act is pending before applications, the Mamlatdar or the Tribunal, or an appeal or an application for revision arising out of such application is appeals, revision applications not pending before the Collector or the Bombay Revenue Tribunal as the case may be, on such date, such to be dismissed if application, appeal or applications for revision shall not be dismissed only on the ground that the said field within period application under section 29 of the said Act was not made within the period of limitation, if it was made of two year. within the period prescribed by section 29 of the said Act as amended by this Act. The Gujarat Tenancy And Agricultural Lands Act, 1948 21 such possession to the Mamlatdar. The application shall be made in such form as may be prescribed 1[and within a period of two years from the date on which the right to obtain possession of the land or dwelling house is deemed to have accrued to the tenant, agricultural labourer or artisan, as the case may be.] (2) 2[Save as otherwise provided in sub-section (3A), no landlord] shall obtain possession of any land or dwelling house held by a tenant except under an order of the Mamlatdar. For obtaining such order he shall make an application in the prescribed form 3[and within a period of two years from the date on which the right to obtain possession of the land or dwelling house, as the case may be, is deemed to have accrued to him.] (3) On receipt of application under sub-section (1) or (2) the Mamlatdar shall, after holding an inquiry, pass such order thereon as he deems fit: 4[Provided that where an application under sub-section (2) is made by a landlord in pursuance of the right conferred on him under section 31, the Mamlatdar shall first decide, as preliminary issues, whether the conditions specified in clauses (c) and (d) of section 31A and sub-sections (2) and (3) of section 31B are satisfied. If the Mamlatdar finds that any of the said conditions is not satisfied, he shall reject the application forthwith.] 5[(3A) Where a landlord proceds for termination of the tenancy under sub-section (1) of section 43-IB, then, notwithstanding anything contained in this Act, the application for possession of the land shall be made to the Collector, who shall, after holding an inquiry in the prescribed manner, pass such order thereon as he deems fit.] (4) Any person taking possession of any land or dwelling house except in (accordance with the provisions of 6[sub-section (1), (2) or as the case may be, (3A)] shall be liable to forfeiture of crops, if any, grown in the land in addition to payment of costs as may be directed by the Mamlatdar or by the Collector and also to the penalty prescribed in section 81.

29. 1[Section 34 A … Failure to furnish particulars of land or furnishing 25] false particulars. 2[Section 66A … Failure on the part of the nieghbouring holder to 100] comply with the order made under this section. (2) An offence for the contravention of the provisions of 3[section 11 or sub-section (2) of section 26 or section 29] shall be congnizable. CHAPTER VIII miScellaneouS.

7[29A. The provisions of section 29 shall apply to the sites used for allied pursuits as Provisions of they apply to the sites of dwelling houses of an agricultural labourer or artisan in regard to section 29 to taking possession of any land or dewlling house under the provisions of this Act.] apply to sites used for allied pursuits.

SPecial riGhtS and PrivileGeS of tenantS and ProviSionS for diStribution of land for PerSonal cultivation.

31. (1) Notwithstanding anything contained in sections 14 and 30 but subject to right to sections 31A to 31D (both inclusive), a 3[landlord (not being a landlord within the meaning terminate of Chapter III-AA) may] after giving notice and making an application for possession as tenancy for personal provided in sub-section (2), terminate the tenancy of any land (except a permanent tenancy), cultivation and if the landlord bona fide requires the land for any of the following purposes :— non agricultural (a) for cultivating personally, or purpose. (b) for any non-agricultural purposes. (2) The notice required to be given under sub-section (1) shall be in writing shall state the purpose for which the landlord requires the land and shall be served on the tenant on or before the 31st day of December, 1956. A copy of such notice shall, at the same time, be sent to the Mamlatdar. An application for possession under section 29 shall be made to the Mamlatdar on or before the 31st day of March, 1957. (3) Where a landlord is a minor, or a widow, or a person subject to mental or physical disability 4[* * *] then such notice may be given 5[and an application for possession under section 29 may be made],— (i) by the minor within one year from the date on which he attanis majority; (ii) by the successor-in-title of a widow within one year from the date on which her interest in the land ceases to exist; (iii) within one year from the date on which mental or physical disability ceases to exist; and 6[ * * * * * ]: 7[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 atleast one member of the joint family is outside the categories mentioned in this sub-seciton unless before th 31st day of March 1958 the share of such person in the joint family has been separated by metes and bounds 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]. 8[(4) Notwithstanding anything contained in sub-section (3),— 1. This heading was substituted for the original by Bom. 13 of 1956, s. 21. 2. These sections were substituted for the original sections 31 and 32, ibid., s. 22. 3. These words, brackets, figures and letters were substituted for the words "landlord may" by Guj. 24 of 1965, s. 3 (1). 4. The words "or a serving member of the armed forces" were deleted, ibid., s. 3 (2) (i). 5. These words were inserted by Bom. 38 of 1957, s. 11 (1). 6. Clause (iv) was deleted by Guj. 24 of 1965, s. 3 (2) (ii). 7. This proviso was inserted by Bom. 38 of 1957, s. 11 (2). 8. Sub-section (4) was inseted by Guj. 5 of 1973, s. 6. The Gujarat Tenancy And Agricultural Lands Act, 1948 23 (a) the right conferred under the said sub-section (3) on a landlord who is a minor or a person subject to mental or physical disability shall, after the specified date, be exercisable. (i) by such landlord, in a case where the period of one year within which such right may be exercised under sub-section (3) has commenced, within such period of one year or within a period of six months from the specified date, whichever period expires earlier; (ii) by the guardian or other legal representative of such landlord, in a case where the period of one year within which such right may be exercised under sub-section (3) has not commenced, within a period of six months from the specified date; (b) the right conferred under the said sub-section (3) on a landlord who was a widow on the first day of April, 1957 shall after the specified date,— (i) be exercisable by the widow within a period of six months from the specified date; (ii) be exercisable, in a case where the interest of the widow in the land has ceased to exist, by reason of her death or otherwise, before the specified date but the period of one year within which her successor-in-title is entitled to exercise the right under section 31 has not expired, by the successor-in-title of the widow within a period of one year from the date on which her interest in the land ceased or, within a period of three months from the specified date, whichever period expires earlier; (iii) in a case where the interest of the widow in the land ceases to exist on or after the specified date, expire on the date on which her interest so ceases to exist.]

31A. The right of a landlord to terminate a tenancy for cultivating the land personally Conditions of under section 31 shall be subject to the following conditions:— termination of tenancy. (a) If the landlord at the date on which the notice is given and on the date on which it expires has no other land of his own or has not been cultivating personally any other land, he shall be entitled to take possession of the land leased to the extent of a ceiling area. (b) If the land cultivated by him personally is less than a ceiling area, the landlord shall be entitled to take possession of so much area of the land leased as will be sufficient to make up the area in his possession to the extent of a ceiling area. (c) The income by the cultivation of the land of which he is entitled to take possession is the principal source of income for his maintenance. 1[(d) The land leased stands in the record of rights or in any public record or similar revenue record on the 1st day January, 1952 and thereafter during the period between the said date and the appointed day in the name of the landlord himself, or of any of his ancestors 2[but not of any other predecessor-in-title from whom title is derived, whether by assignment or Court sale or otherwise] or if the landlord is a member of a joint family, in the name of a member of such family.] 1. This clause was substituted by Bom. 15 of 1957, s.7. 2. These words were inserted and shall, notwithstanding any decrce or order of a Court, be deemed to have been inserted with effect on and from the 1st day of August, 1956 by Guj. 16 of 1960, s. 5. The Gujarat Tenancy And Agricultural Lands Act, 1948 25 (e) If more tenancies than one are held under the same landlord, then the landlord shall be competent to terminate only the tenancy or tenancies which are the shortest in point of duration. No termination 31 B. In no case a tenancy shall be terminated under section 31— of tenancy in contravention (1) In such manner as will result in leaving with a tenant, after termination less than of Bom. LXII of half the area of the land leased to him, or 1947 or if tenant is member of co-operative (2) in such a manner as will result in a contravention of the provisions of the Bombay farming Prevention of Fragmentation and Consolidation of Holdings Act, 1947, or in making any society. part of the land leased a fragment within the meaning of that Act, or (3) if the tenant has become a member of a co-operative farming society and so long as he continues to be such member, 1[or] 2[(4) if the tenants is a member of a scheduled caste or a scheduled Tribe.] Landlord not

LXII of 1947 or if tenant is member of cooperative farming society. 24

31C. The tenancy of any land left with the tenant after the termination of the tenancy entitled to under section 31 3[or before the commencement of the Amending Act, 1955, under any other terminate law then in force on the ground that the landlord required the land to cultivate personally or tenancy for personal for any non-agricultural purpose] shall not at any time afterwards be liable to termination cultivation of again on the ground that the landlord bona fide requires that land for personal cultivation. land left with tenant. Apportionment

31D. If, in consequence of the termination of the tenancy under section 31, any part of of rent after the land leased is left with the tenant, the rent shall be apportioned in the prescribed manner termination in proportion to the area of the land left with the tenant. of tenancy for land left with (II) Purchase of land by tenants. tenant. Tenants deemed

32. 4[(1)] On the first day of April, 1957 (hereinafter referred to as "the tiller's day") to have every tenant shall, 5[subject to the other provisions of this section and the provisions of] purchased land the next succeeding section, be deemed to have purchased from his landlord, free of all on tiller's day. encumbrances subsisting thereon, on the said day, the land held by him as tenant, if— (a) such tenant is a permanent tenant thereof and cultivates land personally; (b) such tenant is not a permanent tenant but culfivates the land leased personally; and (i) the landlord has not given notice of termination of his tenancy under section 31; or (ii) notice has been given under section 31, but the landlord has not applied to the Mamlatdar on or before the 31st day of March, 1957 under section 29 for obtaining possession of the land; 6[or] 1. The word "or" was added by Guj. 5 of 1973, s. 7 (i). 2. Clause (4) was added, ibid., s. 7 (ii). 3. These words and figures were inserted by Guj. 16 of 1960, s. 6. 4. This section was renumbered as sub-section (1) of that section by Bom. 15 of 1957, s. 8. 5. These words were substituted for the words "subject to the provisions right were of " by Bom. 63 of 1958, s. 5 (1). 6. The word "or" was added by Bom. 38 of 1957, s. 12 (1). The Gujarat Tenancy And Agricultural Lands Act, 1948 25 1[(iii) the landlord has not terminated his 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, 1957 under section 29 for obtaining possession of the land:] Provided that if an application made by the landlord under section 29 for obtaining possession of the land has been rejected by the Mamalatdar or by the Collector in appeal or in revision by the 2[Gujarat Revenue Tribunal] under the provision 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. The date on which the final order of rejection is passed is hereinafter referred to as "the postponed date"]: 3[Provided further that the tenant of a landlord who is entitled to the benefit of the proviso to sub-section (3) of section 31 shall be deemed to have purched the land on the 1st day of April, 1958, if no separation of his share has been effected before the date mentioned in that proviso.] 4[(1A) (a) Where a tenant, on account of his eviction from the land by the landlord, before the 1st day of April, 1957, 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 (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 2[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 (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 date of the final rejection of the application.] 5[(1B) Where a tenant who was in possession of land on the appointed day and who, on account of his being dispossessed of such land or any part there of by the landlord at any time before the specified date otherwise than in the manner provided in section 29 or any other provision of this Act is not in possession of such land or any part there of and such land or part thereof is in the possession of the landlord or his successor-in-interest on the said date and such land or part there of is not put to non- agricultural use on or before the said date, then the Mamlatdar shall, notwithstanding anything contained in the said section 29 or any other provision of this Act either suo motu or on an application of the tenant made within the prescribed period hold an inquiry and direct 1. This sub-clause was inserted by Bom. 38 of 1957, s.12(2). 2. These words were substituted for the words "Bombay Revenue Tribunal" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. This Proviso was added by Bom. 38 of 1957, s. 12(3). 4. Sub-section (1A) was inserted by Bom. 63 of 1958, s. 5(2). 5. Sub-section (1B) was inserted by Guj. 5 of 1973, s. 8. The Gujarat Tenancy And Agricultural Lands Act, 1948 27 that such land or as the case may be, part thereof shall be taken from the possessiom of the landlord or, as the case may be, his successor in interest, and shall be restored, to as the tenant; and there after, the provisions of this section and sections 32A to 32R (both inclusive) shall, so far as they may be applicable, apply there to, subject to the modification that the tenant shall be deemed to have purchased such land or part there of on the date on which such land or, as the case may be, part there of is restored to him: Provided that the tenant shall be entitled to restoration of land or part there of, as the case may be, under this sub-section only 1[if he gives an undertaking in writing within such period as may be prescribed] to cultivate it personally and of so much there of as together with the other land held by him as owner or tenant shall not exceed the ceiling area: 2[Provided further that- (i) if the tenant fails to give such undertaking within such prescribed period, or if the tenant, after giving such undertaking refuses to accept the tenancy or possession of the lands, the land the possession of which the land-lord or, as the case may be, his successor-in-interests is not entitled to retain under this sub-section; or (ii) if the tenant gives such undertaking and accepts such tenancy or possession of the land, such portion of the land referred to in clause (i) to the restoration of which the tenant would not be entitled under the first proviso, shall vest in the State Government free from all encumbrances, and shall be disposed of in the manner provided in sub-section (2) of section 32P] Explanation.- In this sub-section "successor in interest" means a person who acquires the interest by testamentary disposition or devolution on death.] 3[(2) Where by custom, usage or agreement or order of a Court, any warkas land belonging to the landlord is used by the tenant for the purpose of rab manure in connection with rice cultivation in the land held by him as tenant- (a) the whole of such warkas land, or (b) as the case may be, such part there of as the Tribunal may determine in cases where such warkas land is jointly used by more person than one for the purpose of rab manure, shall be included in the land to be deemed to have been purchased by the tenant under sub-section (1): Provided that in cases referred to in clause (b) the Tribunal may determine that such warkas shall be jointly held by persons entitled to use the same, if in the opinion of the Tribunal, the partition of such warkas land by metes and bounds is neither practicable nor expedient in the interest of such persons.] 1. These words were substituted for the words "if he undertakes"by Guj. 30 of 1977, s.3 (1). 2. This proviso was inserted, ibid., s. 3(2). 3. This sub-section was inserted by Bom. 15 of 1957, s. 8. The Gujarat Tenancy And Agricultural Lands Act, 1948 27 1[(3) In respect of the land deemed to have been purchased by a tenant under sub-section (1),- (a) the tenant shall continue to be liable to pay to the landlord the rent of such land, and (b) the landlord shall continue to be liable to pay to the State Government the dues, if any, referred to in clauses (a), (b), (c) and (d) of sub-section (1) of section 10A, where the tenant is not liable to pay such dues under sub-section (3) of that section, until the amount of the purchase price payable by the tenant to the landlord is determined under section 32H.] Guj. XVI of 2[(4) On the date of the commencement of the Bombay Tenancy and Agricultural 1960. Lands (Gujarat Amendment) Act, 1960, every tenant in the areas within the limit of Bom. XVIII Municipal borough within the meaning of the Bombay Municipal Borough Act, 1925 or of 1925. Bom. III of within the limits of municipal district constituted under the Bombay District Municipal 1901. Act, 1901, shall, subject to the other provisions of this Act, be deemed to have purchased from a landlord free from all encumbrances subsisting there 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 ` 1,500 and such land is not held under a permanent tenancy. (5) A person eligible to the exemption as provided in the proviso to sub section (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 provision of sub section (2) to (4) of that section shall apply there to as if the application had been made under section

32A. A tenant shall be deemed to have purchased land under section 32— Tenants deemed to have purchased (1) in the case of a tenant who does not hold any land as owner but holds land as up to tenant in excess of the ceiling area up to the ceiling area, ceilling area. 1. Sub-section (3)was inserted by Bom. 63 of 1958, s. 5(3). 2. Sub-sections (4), (5) and (6) were inserted by Guj. 16 of 1960, s. 7. The Gujarat Tenancy And Agricultural Lands Act, 1948 29 (2) in the case of a tenant who holds land as owner below the ceiling area, such part of the land only as will raise his holding to the extent of the ceiling area. When tenants

32B. If a tenant holds land partly as owner and partly as tenant but the area of not deemed the land helds as owner is equal to or exceeds the ceiling area, he shall not be deemed to have to have purchased the land held by him as a tenant under section 32. purchased lands. When tenants

1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 iii

32D. 1[(1)] If the land held on tenancy is only a fragment, the tenant shall be deemed deemed to have purchased such fragment under section 32 notwithstanding anything to have contained in the Bombay Prevention of Fragmentation and Consolidation of Holding purchased Bom. LXII fragments. Act, 1947. of 1947. 1[(2) If the tenancy of the land is attached to a holding or part thereof under section 29A of the Bombay Prevention of Fragmentation and Consolidation of Holding Act, 1947, Bom. LXII the tenant shall notwithstanding anything to the contrary contained in that Act, be deemed, of 1947. in the circumstances set out in section 32, to have purchased the land held on such tenancy.] Disposal of

2[32E. The balance of any land after the purchase by the tenant under section 32 balance of shall be disposed of by sale by the Collector in the manner specified in clause (c) of lands after sub-section (2) of section 32P, and there upon the provision of sub-section (5) of section purchase by tenant. 32P shall apply to such sale.] Right of tenant to

32F. (1) Notwithstanding anything contained in the preceding sections,— purchase where landlord is (a) where the landlord is a minor, or a widow, or a person subject to any mental or minor, etc. physical disability 3[* * * * *] the tenant shall have the right to purchase such land under section 32 within one year from the expiry of the period during which such landlord is entitled to terminate the tenancy under section 31: 4[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 atleast one member of the joint family is outside the categories mentioned in this sub-section unless before the 31st day of March, 1958 the share of such person in the joint family has been separated by metes and bounds and the Mamlatdar on inquiry is satisfied that the share 1. Section 32D was renumbered as sub-section (1) of that section and sub-section (2) was added by Bom. 38 of 1957, s. 13. 2. Section 32E was substituted by Guj. 5 of 1973, s. 9. 3. The words "or a serving member of the armed forces" were deleted by Guj. 24 of 1965, s. 4. 4. This Proviso was added by Bom. 38 of 1957, s. 14(1). The Gujarat Tenancy And Agricultural Lands Act, 1948 29 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.] (b) where the tenant is a minor or a widow or a person subject to any mental or physical disability or a serving member of the armed forces, then subject to the provisions of clause (a), the right to purchase land under section 32 may be exercised– (i) by the minor within one year from the date on which he attains majority; (ii) by the successor-in-title of the widow within one year from the date on which her interest in the land ceases to exist; (iii) within one year from the date on which the mental or physical disability of the tenant ceases to exist; (iv) within one year from the date on which the tenant ceases to be serving member of the armed forces: 1[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 atleast one member of the joint family is outside the categories mentioned in this sub-section unless before the 31st day of March, 1958 the share of such person in the joit family has been separated by metes and bounds 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.] Guj. XVI of 2[(1A) On and after the date of the commencement of the Bombay Tenancy and 1960. 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.] 1. This proviso was added by Bom. 38 of 1957, s. 14(1). 2. This sub-section was substituted for the original by Guj. 16 of 1960, s. 8. The Gujarat Tenancy And Agricultural Lands Act, 1948 31 (2) The provisions of sections 32 to 32E (both inclusive) and sections 32G to 32R (both inclusive), shall, so far as may be applicable, apply to such purchase.

32G. (1) As soon as may be after the tiller's day the Tribunal shall publish issue notices and or cause to be published a public notice in the prescribed form in each village determine price within its jurisdiction calling upon– of land to be paid by tenants. (a) all tenants who under section 32 are deemed to have purchased the lands. (b) all landlords of such lands, and (c) all other persons interested therein, to appear before it on the date specified in the notice. The Tribunal shall issue a notice individually to each such tenant, landlord and also, as far as practicable, other persons calling upon each of them to appear before it on the date specified in the public notice. (2) The Tribunal shall record in the prescribed manner the statement of the tenant whether he is or is not willing to purchase the land held by him as a tenant. (3) Where any tenant fails to appear or makes a statement that he is not willing to purchase the land, the Tribunal shall by an order in writing declare that such tenant is not willing to purchase the land and that the purchase is ineffective: Provided that if such order is passed in default of the appearance of any party the Tribunal shall communicate such order to the parties and any party on whose default the order was passed may within 60 days from the date on which the order was communicated to him apply for the review of the same. (4) If a tenant is willing to purchase, the Tribunal shall, after giving an opportunity to the tenant and landlord and all other persons interested in such land to be heard and after holding an inquiry, determine the purchase price of such land in accordance with the provisions of section 32H and of sub-section (3) of Section 63A: 2[Provided that where the purchase price in accordance with the provision of section 32H is mutually agreed upon by the landlord and the tenant, the 1. Section 32FF was inserted by Guj. 5 of 1973, s. 10. 2. This proviso was added by Bom. 38 of 1957, s. 15. The Gujarat Tenancy And Agricultural Lands Act, 1948 31 Tribunal after satisfying itself in such manner as may be prescribed that the tenant's consent to the agreement is voluntary may make an order determining the purchase price and providing for its payment in accordance with such agreement.] (5) In the case of a tenant who is deemed to have purchased the land on the postponed date the Tribunal shall, as soon as may be, after such date determine the price of the land. (6) If any land which by or under the provisions of any of the Land Tenures Abolition Acts referred to in Schedule III to this Act, is regranted to the holder thereof on condition that it was not transferable, such condition shall not be deemed to affect the right of any person holding such land on lease created before the regrant and scuh person shall as a tenant be deemed to have purchased the land under this section, as if the condition that it was not transferable was not the condition of regrant.

32H. 1[(1) Subject to the additions and deductions as provided in sub- Purchase price sections (1A) and 1(B), the purchase price shall be reckoned as follows, namely:– and its maxima. (i) in the case of a permanent tenant who is cultivating the land personally the purchase price shall be the aggregate of the following amounts, that is to say,– (a) an amount equal to six times the rent of the land; (b) the amount of the arrears of rent, if any, lawfully due on the tiller's day or the postponed date; (c) the amounts, if any, paid by or recovered from the landlord as land revenue and cesses referred to in clauses (a), (b), (c) and (d) of sub-section (1) of section 10A, in the event of the failure on the part of the tenant to pay the same; (ii) in the case of other tenants, the purchase price shall be the aggregate of the following amounts, that is to say:– (a) such amount as the Tribunal may determine not being less than 20 times the assessment and not more than 200 times the assessment. (b) the value of any structures wells and embankments constructed and other permanent fixtures made and trees planted by the landlord on the land; (c) the amount of the arrears of rent, if any, lawfully due on the tiller's day or the postponed date; (d) the amounts, if any, paid by or recovered from the landlord as land revenue and other cesses referred to in clauses (a), (b), (c) and (d) of sub-section (1) of section 10A, in the event of the failure on the part of the tenant to pay the same.] 1. This portion was substituted for the original sub-section (1) except the Explanations thereto by Bom. 63 of 1958, s. 6(1). The Gujarat Tenancy And Agricultural Lands Act, 1948 33 1[Explanation 1].– For the purposes of calculating the price under this sub- section, the amount of water rate, if any, levied under setion 55 of the Bombay Bom. v Land Revenue Code, 1879, and included in such assessment, shall be excluded. of 1879. 2[Explanation 2.– For the purposes of this sub-section, the expression "assessment" shall have the meaning assigned to it in section 8.] 3[(1A) Where a tenant to whom sub-sections (1) and (2) of section 10A do not apply, has, after the commencement of the Bombay Tenancy and Agricultural Bom XIII of 1955. Lands (Amendment) Act, 1955, paid in respect of the land held by him as tenant land revenue and other cesses referred to in sub-section (1) of that section, on account of the failure of the landlord to pay the same, a sum equal to the total amount so paid by the tenant until the date of the determination of the purchase price shall be deducted from the aggregate of the amounts determined under sub-section (1). (1B) (a) On the amount arrived at in accordance with the proivisions of sub-sections (1) and (1A), there shall be calculated interest at 4½ per cent. per annum for the period between the date on which the tenant is deemed to have purchased the land under section 32 and the date of the determination of the purchase price. (b) (i) The amount of interest so calculated shall be added to, and (ii) the amount of rent, if any, paid by the tenant to the landlord and the value of any products of trees planted by the landlord if such products are removed by the landlord during the said period shall be deducted from, the amount so arrived at.] (2) The State Government may, by general or special order, fix different minima and maxima for the purpose of sub-clause (a) of clause (ii) of sub-section (1) in respect of any kind of land held by tenants in any backward area. In fixing such minima and maxima, the State Government shall have regard to the rent payable for the land and the factors specified in sub-section (3) of section 63A. Sub-tenant 32-I (1) Where a permanent tenant has sub-let the land held by him, the sub-tenant of permanent shall, to the extent and subject to the conditions specified in sections 32 to 32E tenant to be deemed to have (both inclusive), be deemed to have purchased the land on the tillers' day. purchased land. (2) The purchase price thereof shall be determined in the manner provided in clause (ii) of sub-section (1) of section 32H. 1. This Explanation was numbered as Explanation (1) by Bom. 15 of 1957, s. 9. 2. This Explanation was added, ibid. 3. Sub-sections (1A) and (1B) were inserted by Bom. 63 of 1958, s. 6 (2). The Gujarat Tenancy And Agricultural Lands Act, 1948 33 (3) Out of the purchase price payable by such sub-tenant the amount equal to six times the rent shall, in lump sum, be payable to the owner and the balance shall be paid to the permanent tenant. (4) The provisions of sections 32 to 32H (both inclusive) and sections 32J to 32R (both inclusive), in so far as they may be applicable, shall apply to the purchase of the land by such sub-tenant and the payment to be made, to and on behalf, of the permanent tenant. 32J. [Appeal to State Government against decision of Tribunal] Deleted by Guj. 36 of 1965, s. 2.

32J. [Deleted]. 33

32K. (1) On the determination of the purchase price 1[payable under section Mode of 32H], the tenant,– payment of price by tenant. (i) if he is a permanent tenant, shall deposit with the Tribunal the entire amount of the purchase price within one year from such date as may be fixed by the Tribunal: Provided that if the Tribunal is satisfied that such tenant has failed to make the payment within the time specified for any reason beyond his control, the Tribunal may extend the period by a period not exceeding one year; (ii) if he is not a permanent tenant, shalll deposit with the Tribunal the entire amount of the price– (a) either in lump sum within one year from such date, or (b) in such annual instalments not exceeding twelve with simple interest at the rate of 4½ per cent. per annum on or before such dates as may be fixed by the Tribunal; and the Tribunal shall direct that the amount deposited in lump sum or the amount of instalments deposited shall be paid to the landlord: 2[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 Guj. XVI Agricultural Lands (Gujarat Amendment) Act, 1960, then notwithstanding the expiry of 1960. of the period the Tribunal may extend the period by a period not exceeding one year from the date of such commencement.] (2) During any period for which payment of rent is suspended or remitted under section 13, the tenant shall not be bound to pay the purchase price in 1. This portion was substituted for the words, figures and letter "under section 32G" by Bom. 63 of 1958, s. 7 (1). 2. These provisos were added by Guj. 16 of 1960, s. 9. The Gujarat Tenancy And Agricultural Lands Act, 1948 35 lump sum or the amount of any instalments fixed under this section or any interest thereon, if any. 1[ * * * * *] Purchase price

32L. (1) If a permanent tenant or on his behalf, a sub-tenant fails to deposit recoverable as the amount of the purchase price as required under section 32K such amount arrear of land shall be recoverable as an arrear of land revenue. revenue. (2) If a tenant or sub-tenant of a permanent tenant fails to make payment of any instalment in accordance with the provisions of the foregoing sections and the default in payment of which does not render the purchase ineffective under section 32M, the amount of scuh instalment shall also be recoverable as an arrear of land revenue. (3) The amount recovered under sub-section (1) or (2) shall be deposited with the Tribunal. Purchase to

32M. (1) On the deposit of the price in lump sum or of the last instalment of be ineffective such price, the Tribunal shall issue a certificate of purchase in the prescribed form, on tenant's to the tenant in respect of the land. Such certificate shall be conclusive evidence failure to pay of purchase. If a tenant fails to pay lump sum within the period fixed under purchase price in lump sum clause (ii) of sub-section (1) of section 32K, or is at any time in arreas of four or in instalments the purchase shalll be ineffective and the land shall be at the disposal of instalments the Collector under section 32P and any amount deposited by such tenant towards the within given price of the land shall be refunded to him. period. 2[(2) In the case of the purchase of any land by a tenant, which before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Guj. 36 of Amendment) Act, 1965 has become ineffective by reason of the failure of the 1965. tenant to pay the lump sum within the period fixed under clause (ii) of sub- section (1) of section 32K or the tenant remaining in arrears of four instalments, if the tenant deposits with the Tribunal within a period of three years from the date of such commencement the entire amount of the price of the land as fixed under section 32K or, as the case may be, such portion of the price so fixed as may have remained unpaid, together with the interest, if any, payable under section 32K, the purchase of the land shall be deemed not to have become so ineffective and the Tribunal shall issue a certificate of purchase to the tenant under sub-section (1).] 3[(3) Notwithstanding the expiry of the period specified in sub-section (2), if the tenant of land to which sub-section (2) applies deposits with the Tribunal within a period of two years after the expiry of the period mentioned in sub-section (2) the entire amount of the price of the land or, as the case may be, the portion of the price, together with interest, as specified in the said sub-section (2), the purchase of the lands shall be deemed not to have become ineffective and the Tribunal shall issue a certificate of purchase to the tenant under sub-section ( 1). (4) In the case of the purchase of any land by a tenant which at any time after the date of the commencement of the Bombay Tenancy and Agricultural Lands Guj. 36 of (Gujarat Amendment) Act, 1965 has become ineffective by reason of the 1965. 1. Sub-section (3) was deleted by Bom. 63 of 1958, s. 7 (2). 2. Sub-section (2) was inserted by Guj. 36 of 1965, s. 3. 3. Sub-sections (3) and (4) were inserted by Guj. 15 of 1969, s. 2. The Gujarat Tenancy And Agricultural Lands Act, 1948 35 failure of the tenant to pay the lump sum withing the period fixed under clause (ii) of sub-section (1) of section 32K or the tenant remaining in arrears of four instalments, if such land has not been disposed of by the Collector in the manner provided in sub-section (2) of section 32P, then, if the tenant deposits with the Tribunal within the period of two years after the expiry of the period mentioned in sub-section (2) the entire amount of the price of the land as fixed under section 32K, or as the case may be, such portion of the price so fixed as may have remained unpaid, together with the interest if any, payable under section 32K, the purchase of the land shall be deemed not to have become so ineffective and the Tribunal shall issue a certificate of purchase to the tenant under sub-section (1).] 1[(5) Notwithstanding the expiry of the period specified in sub-section (3) or (4)– (a) if the tanant of land to which sub-section (3) or, as the case may be, sub-section (4) applies and which has not been disposed of by the Collector in the manner provided in sub-section (7) of section 32P, deposits with Guj. 13 of the Tribunal at any time before two months after the commencement of the Bombay 1981. Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981, or (b) if the specified tenant of land to which sub-section (3) or, as the case may be, sub-section (4) applies and which has not been disposed of by the Collector in the manner provided in sub-section (2) of section 32P, deposits with the Tribunal at any time 2[before the date specified from time to time by notification in the official Gazatte by the State Government in this regard]. the entire amount of the price of the land or, as the case may be, the unpaid portion of the price, together with interest, as specified in the said sub-section (3) and (4), as the case may be, the purchase of the land shall be deemed not to have become ineffective and the Tribunal shall issue a certificate of purchase to the tenant or the specified tenant under sub-section ( 1). Explanation.–For the purposes of this section and sections 3[32PP, 32PPP and 32QQ] the expression "specified tenant" means a tenant who holds land (whether as a tenant or owner or otherwise) not exceeding four hectares.]

32O.

Power of Collector to resume and dispose of land not purchased by tenants and appeal against Collector’s order. 36

32R. If at any time after the purchase of the land under any of the foregoing evicted if he fails provisions, the purchaser fails to cultivate the land personally, he shall unless the Collector to cultivate condones such failure for sufficient reasons, be evicted and the land shall be disposed personally. of in accordance with the provisions of section 84C. 1[(II-A) Termination of Tenancy by landlords, and purchase of land by tenants, of lands to which section 88C applies, Definitions.

32S. For the purposes of section 32T and 32U— (i) 'certified landlord' means a person who holds a certificate issued to him under sub-section (4) of section 88C; 2[but dose not include a landlord within the meaning of Chapter III-AA holding a similar certificate]; and (ii) 'excluded tenant' means a tenant of land to which the provisions of section 32 to 32R (both inclusive) do not apply by virtue of sub-section 1() of section 88C. Special right

32T. (1) Notwithstanding anything contained in section 31 to 31B (both inclusive) but of certified subject to the provisions of this section a certified landlord may, after giving notice and making landlord to an application for possession as provided in sub-section (3), terminate the tenancy of any land terminate tenancy for leased by him to an excluded tenant, if he bona fide requires such land for cultivating it personally. personal cultivation. (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) 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 Guj. XVI of Agricultural Lands (Gujarat Amendment) Act, 1960 (hereinafter referred to in section as "the 1960. 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. 1. This heading and section 32S, 32T and 32U were inserted by Guj. 16 of 1960, s. 14. 2. These words, figures and letters were inserted by Guj. 24 of 1965, s. 6. The Gujarat Tenancy And Agricultural Lands Act, 1948 45 (b) Any such pending application shall be deemed to have abated on the commencement date. (3) The notice required to be given under sub-section (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 (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 (4) of section 88C. (4) Where the certified landlord is of one of the following categories, namely:— (a) a minor, (b) a widow, 1[* * * * * * *] 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-section (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; 2[ * * * *] (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, 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, assessement, 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. 1. Clause (c) was deleted by Guj. 24 of 1965, s. 7a(). 2. Item (ii) was deleted, ibid., s. 7(b). The Gujarat Tenancy And Agricultural Lands Act, 1948 47 (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 Guj. XVI Agricultural Lands (Gujarat Amendment) Act, 1960, the landlord has already of 1960. 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 take 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 Bom. LXII Fragmentation and Consolidation of Holding Act, 1947, the landlord shall be entitled of 1947. to take possession of the land leased to the extent of half the area thereof: Provided that if at date on which the application for possession is made by the landlord to the Mamlatdar in accordance with sub-section ( 3) or (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 thereafter 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 a 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 (1) of section 88D has been made and has not been rejected. (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 bonafide requires that land for personal cultivation. (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. The Gujarat Tenancy And Agricultural Lands Act, 1948 47

32U. (1) Notwithstanding anything contained in sub-section (1) of section 88C, Tenants of lands but subject to the provisions of this section every excluded tenant holding land from mentioned in section 88C to a certified landlord shall except as otherwise provided in sub-section (3), be deemed to be deemed to have purchased from the landlord on the first day of April 1962, free from all encumbrances have purchased subsisting thereon on the said day, the land held by him as tenant, if such land is cultivated land and other by him personally; and incidental provisions. (i) the landlord has not given notice of termination of tenancy in accordance with sub-section (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) 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 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 (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 (1) of section 29 or the application made by him is finally rejected under this Act, and the land is held by any other persons 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. (3) Where the certified landlord being a person of any of the categories specified in sub-section (4) of section 32T has not given notice of termination of the tenancy of an excluded tenant in accordance with sub-section (3) of that section or has given such notice but has not made an application thereafter under section 29 for possession The Gujarat Tenancy And Agricultural Lands Act, 1948 49 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 (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 (4) of section 32T but the application is rejected by the Memlatdar 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. (4) The provisions of section 32 to 32R shall so far as may be applicable apply to the purchase of land under this section by an excluded tenant.] Right of 1[*] tenants

1[32FF. (1) Notwithstanding anything contained in the preceding sections, a Tenant in person who is a tenant within the meaning of sub-clause (d) of clause (18) of possession who has surrendered section 2 shall be deemed to have purchased the land in his possession of which tenancy to be he is the tenant, free from all encumbrances subsisting thereon, on the specified deemed to have date. purchased land on sepcified (2) The provisions of section 32 to 32E (both inclusive) and sections 32G to date. 32R (both inclusive) shall, so far as may be applicable, apply to such pruchase.] Tribunal to

4[32PP. (1) Notwithstanding anything contained in section 32G and 32P where before Further the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat opportunity to Guj. 36 of Amendment) Act, 1965 (hereinafter referred to in this section as "the said date")– tenant to 1965. purchase land. (i) any land has been at the disposal of the Collector under section 32P on account of the purchase of the land by the tenant thereof having become ineffective under sub-section (3) of section 32G by reason of the tenant failing to appear before the Tribunal or making a statement expressing his unwillingness to purchase the land, and 1. Sub-section (6) to (11) were inserted by Guj. 36 of 1965, s. 4 (iii). 2. These words, brackets and figures were substituted for the words, brackets and figures "were any land is surrendered to a land lord under sub-section (2)" by Guj. 5 of 1973, s. 12(6). 3. These words, brackets and figure were substituted for the words, brackets and figure "No land surrendered to a landlord under sub-section (2)", ibid., s. 12 (7). 4. Section 32PP was inserted by Guj. 36 of 1965, s. 5. The Gujarat Tenancy And Agricultural Lands Act, 1948 41 (ii) the land so at the disposal of the Collector has not been disposed of in the manner provided in sub-section (2) of section 32P, the tenant, if he is willing to purchase the land may an application in writing to the Tribunal within a period of one year from the said date for a declaration that the purchase has not become ineffective. 1[(1A) Notwithstanding the expiry of the period specified in sub-section (1), the Guj. 36 right conferred under that sub-section, may be exercised as if in that sub-section, for of 1965. Guj. 2 of the words, brackets and fighres "the Bombay Tenancy and Agricultrual Lands (Gujarat 1971. Amendment) Act, 1965" the words, brackets and figures "the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1970" were substituted. (1B) Where an application for a declaration that the purchase has not become ineffective made by a tenant under sub-section (1) before the comencement of the Guj. 2 of Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1970 was not 1971. admitted by the Tribunal on the ground that the period for making it had expired, such tenant shall also be entitled to exercise the right conferred under sub-section (1) by making an application within the period specified in that sub-section and on receipt of an application from any such tenant the Tribunal shall admit it as if it were an application made within such specified period.] 2[3[(1C) Notwithstanding the expiry of the period specified in sub-section (1) read with sub-section (1A), the right conferrd under sub-section (1) may be exercised, (a) by a tenant at any time before two months after the commencement of the Bombay Guj. 13 of Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981; or 1981. (b) by a specified tenant at any time 4[before the date specified under clause (b) of sub-section (5) of section 32M.] (1D) Where an application for a declaration that the purchase has not become ineffective made by a tenent under sub-section (1) before the specified date was not admitted by the Tribunal on the ground that the period for making it had expired, 5[(a) such tenant shall also be entitled to exercise the right conferred under sub-section Guj. 13 (1) by making an application at any time before two months after the commencement of of 1981. the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981; or 1. Sub-section (1A) and (1B) were inserted by Guj. 2 of 1971, s. 2. 2. Sub-sections (1C) and (1D) were inserted by Guj. 5 of 1973, s. 13(1). 3. Sub-sections (1C) was subsituted by Guj. 13 of 1981, s. 3 (1). 4. These words brackets, letters and figures were substituted for the words and figures "before the end of December, 1986" by Guj. 24 of 2011, s. 3. 5. This portion was substituted for the portion begining with the words "such tenant shall" and ending with the words" for making it" by Guj. 13 of 1981, s. 3 (2). The Gujarat Tenancy And Agricultural Lands Act, 1948 41 (b) such tenant being a specified tenant shall also be entitled to exercise the right conferred in sub-section (1) by making an application at any time 1[before the date specified under clause (b) of sub-section (5) of section 32M] and on receipt of an application from any such tenant or specified tenant the Tribunal shall admit it as if it were an application made within the period specified for making it.]] (2) On receipt of an application under sub-section (1) the Tribunal shall issue a notice to the tenant and the landlord calling upon them to appear before it on the date specified in the notice. (3) If the tenant appears and makes a statement that he is willing to purchase the land, the land shall cease to be at the disposal of the Collector under section 32P and the Tribunal shall determine the purchase price of the land in the manner provided in section 32G as if the purchase had not been ineffective. (4) The provisions of section 32 to 32P and sections 32 Q and 32R shall so far as may be applicable apply to the purchase of the land by a tenant under this section. (5) In the case of land to which this section applies no action shall be taken under section 32P unless the tenant entitled to make an application under this section fails to make such application within the period specified in sub-section (1).] 2[Explanation.—Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, for the purpose of clause (ii) of sub-section (1), the land shall not be deemed to have been disposed of till the person entitled to take possession of the land in pursuance of any direction the person entitled to take possession of the land in pursuance of any direction issued under sub-section (2) of section 32P takes actual possession of such land in accoudance with law.] Guj. 36 of

3[32QQ. (1) (a) Where a specified tenant permitted under clause (b) of sub- Deposit or section (5) of section 32M to deposit with the Tribunal at any time 4[before the date payment of purchase specified under clause (b) of sub-section (5) of section 32M] the entire amount of the price by State price of the land or, as the case may be, the unpaid portion of the price, together Government on with the interest, as specified in sub-section (3) and (4) of section 32M, has failed to behalf of deposit with the Tribunal such amount before the date of the commencement of the specified tenant. Guj. Ord. Bombay Tenancy and Agricultural Lands (Gujarat Second Amendment) Ordinance, 1986 14 of 1986. (hereinafter referred to as "the said date"), the State Government shall, notwithstanding the expiry of the period specified in clause (b) of sub-section (5) of section 32M, deposit on behalf of such specified tenant, with the Tribunal within a period of twelve months from the said date such amount, and on depositing such amount with the Tribunal, the purchase of land shall be deemed not to have become ineffective and the Tribunal shall issue a certificate of purchase to the specified tenant under sub-section (1) of section 32M. (b) Where a specified tenant permitted under clause (b) of sub-section (1C) or clause (b) of sub-section (1D) of section 32PP or under sub-clause (b) of clause (ii) of sub-section (1) of section 32PPP to make at any time 4[before the date specified under clause (b) of sub-section (5) of section 32M] an application under sub-section (1) of section 32PP for a declaration that purchase has not become ineffective, fails to make such application before the end of December, 1986, and the Collector directs unde r 1. These words were substituted for the words "encumbrance, the claim" by Bom. 38 of 1957, s. 17. 2. The words "the Judge of the Presidency Small Clauses Court, or" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment) Order, 1960. 3. Section 32QQ was inserted by Guj. 8 of 1987, s. 2. 4. These wrds, brackets, letters and figures were substituted for the workds and figures "before the end of December, 1986" by Guj. 24 of 2011, s. 5. The Gujarat Tenancy And Agricultural Lands Act, 1948 45 sub-section (2) of section 32P that the land in respect of which the tenancy is terminated shall be disposed of by sale to the specified tenant who is a tenanet refferred to in sub-clause (a-i) of clause (c) of the said sub-section (2) and the land is disposed of by sale to such specified tenant, the Collector shall issue a certificate of purchase in the form prescribed under sub-section (1) of section 32M to such specified tenant who shall be liable to pay to the Collector the price of such land determined by the Collector under sub-section (5) of section 32P. (2) The amount deposited with the Tribunal under clause (a) of sub-section (1) or, as the case may be, the amount of price of land which the specified tenant is liable to pay to the Collector under clause (b) of sub-section (1) shall be deemed to be the amount of loan granted to the specified tenant by the State Government on such terms and conditions as may be prescribed and the amount of loan and interest or any portion thereof shall be recoverable from such specified tenant as arrears of land revenue.] Purchaser to be

commencement of Guj. 36 of 1965. 41 32Q. Amount of purchase price to be applied towards satisfaction of debts. 42

34. [Deleted]. 48 34A. Holders of land to furnish particulars of land to Mamlatdar. 48 35. [Deleted]. 48 36. Fragment in excess of economic holding or ceiling area may be permitted to remain with holder. 49

iv The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII

38. [Deleted]. 51

39. If at any time the tenant makes an application to the Mamlatdar and satisfies Application him that the landlord has failed to comply within a reasonable time with the provisions of for recovery of section 37, the tenant shall be entitled on a direction by the Mamlatdar to obtain immediate possession by tenant. possession of the land and to such compensation as may be awarded by the Mamlatdar, for any loss caused to the tenant by eviction and by failure on the part of the landlord to restore or give possession of the land to him as required by section 37. 1. Sub-sections (6) to (9) shall be and shall be deemed to have been inserted with effect on and from the 13th December, 1960, by Guj. 36 of 1965, s. 6(2) and were renumbered as sub-sections (5A to 5D) with effect on and from the date on which they were inserted by Guj. 15 of 1969, s. 3. 2. Sub-section (5A) was deleted by Guj. 5 of 1973, s. 15 (iv). 3. The words "that the land shall be restored to the possession of the transferor and" were deleted, ibid., s. 15(v). 4. Sub-section (6) was inserted by Guj. 24 of 1965, s. 8. 5. These brackets, figures, letter and word were substituted for the brackets and figure "(1)" by Guj. 5 of 1973, s. 15 (vi). The Gujarat Tenancy And Agricultural Lands Act, 1948 53 Continuance

1[40. (1) Where a tenant (other than a permanent tenant) dies, the landlord shall be of tenancy deemed to have continued the tenancy on the same terms and conditions on which such on death of tenant was holding it at the time of his death, to such heir or heirs of the deceased tenant as tenant. may be willing to continue the tenancy. (2) Where the tenancy is inherited by heirs other than the widow of the deceased tenant, such widow shall have a charge for maintenance on the profits of such land.]

41. (1) A 2[ * * * ] tenant who has made an improvement on the land held by him shall Compensation for improvement if his tenancy is terminated under the provisions of this Act, be entitled to compensation for made by tenant. such improvement. For determining the amount of the compensation the tenant shall apply to the Mamlatdar in the prescribed form. (2) The compensation to which a tenant shall be entitled under sub-section (1) shall be the estimated value of such improvement at the time of the termination of his tenancy. In estimating such value regard shall be paid to– (a) the amount by which the value of the land is increased by the improvement; (b) the present condition of the improvement and the probable duration of its effects; (c) the labour and capital provided or spent by the tenant for the making of the improvement; and (d) any reduction or remission of rent or other advantage allowed to the tenant by the landlord in consideration of the improvement 3[including permanent fixtures.] Tenant's right

42. A 2[ * * * ] tenant shall be entitled to erect a farm-house on the land held by to erect farm him as a 2[ * * * ] tenant. house.

SPecial ProviSionS for termination of tenancy by landordS who are or have been ServinG memberS of the armed forceS and for PurchaSe of their landS by tenantS. 43-1A. Definition. 53 43-1B. Right of landlord to terminate the tenancy. 53 43-1C. Transfer of pending proceedings to Collector and State Government. 54 43-1D. Right of tenant to purchase land from landlord. 55 43-1E. Savings. 55