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

43A. (1) The provision of sections 4B, 8, 9, 9A, 9B, 9C, 10, 10A, 14, 16, 17, 17B, Some of the provisions not 18, 27, 31 to 31D (both inclusive), 32 to 32R (both inclusive), 2[ * * *] 43, 63, 3[63A and to apply to 64] shall not apply to— leases of land obtained (a) 4[land leased to or held by] any industrial or commercial undertaking (other than by industrial or commercial a Co-operative Society) which in the opinion of the State Government bonafide carries on undertaking, any industrial or commercial operations and which is approved by the State Government; certain co- operative (b) lease of land granted to any bodies or persons other than those mentioned in clause societies or for (a) for the cultivation of sugarcane or the growing of fruits or flower or for the breeding of cultivation of sugarcane or livestock; fruits or flower. 1. Chapter III-A and III-B were inserted by Bom. 13 of 1956, s. 30. 2. The figures "34, 35" were deleted by Guj. 27 of 1961, s. 54, Sch. III, Item 4. 3. These figures, letter and word were substituted for the figures, letter and word "63 A , 64 and 65" by Guj. 10 of 2009, s.6. 4. These words were substituted for the words "leases of land grant or for the benefit of" by Bom. 38 of 1957, s. 20(1). The Gujarat Tenancy And Agricultural Lands Act, 1948 PB (c) to lands held or leased by such co-operative societies as are approved in the prescribed manner by the State Government which have for their object the improvement of the economic and social condition of peasants or ensuring the full and efficient use of land for agriculture and allied pursuits. (2) The State Government may by notification in the Official Gazette in this behalf direct that the provisions of the said sections shall not apply to a lease of land obtained by any person for growing any other class of agricultural produce to which it is satisfied that it will not be expedient in the public interest to apply the said provisions. Before the issue of such notification, the State Government shall direct an inquiry to be made by an officer authorised in this behalf by the State Government and shall give all persons who are likely to be affected by such notification, an opportunity to submit their objections. (3) Notwithstanding anything contained in sub-section (1) and (2), it shall be lawful for the State Government to direct, by notification in the Official Gazette that the lease 1[or lands, as the case may be,] to which the provisions of sub-section (1) and (2) apply, shall be subject to such conditions as may be specified in the notification, in respect of — (a) the duration of the lease; (b) the improvements to be made on the and the formation of co-operative farming societies for that purpose and financial assistance to such societies; (c) the payment of land revenue, irrigation cess, local fund cess and any other charge payable to the State Government or any local authority; (d) any other matter referred to in sections mentioned in sub-section (1). Reasonable

43B. Notwithstanding any agreement, usage, decree or order of a court or any other rent of authority, in the case of any land to which section 43A applies, the rent payable shall be land to reasonable rent as determine under the following clauses :— which section 43A applies. (1) A landlord or a tenant of such land may make an application in writing to the Mamlatdar for the determination of the reasonable rent in respect of such land. (2) On receipt of such application, the Mamlatdar shall give notice thereof to the party to the lease after holding an inquiry shall determine the reasonable rent. (3) In determining the reasonable rent regard shall be had to the following factors:— (a) profits of agriculture of similar lands in the locality. (b) prices in the locality of the particular crop for the groving of which the land is leased, 1. These words were inserted by Bom. 38 of 1957, s. 20 (2). 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 57 (c) the improvements made in the land by the lessee or the landlord. (d) the assessement payable in respect of land. (e) the profits realised by the lessee on account of the lease of the land. (f) profit earned by an industrial or commercial undertaking by the manufacure or sale of articles made out of the produce or the land leased. (g) such other factors as may be prescribed. (4) The reasonable rent determined by the Mamlatdar under clause (2) shall, with effect from 1[the date specified by the mamlatdar] in that behalf, be deemed to be the rent fixed under the lease in lieu of the rent, if any, agreed between the parties. CHAPTER III-B SPecial ProviSionS in reSPtect of areaS within the limitS of a municiPality or a cantonment.