Further opportunity to tenant to purchase land. 39

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