Purchase price and its maxima. 31

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.