section 8
Rent and its maximum and minimum. 9
The Gujarat Tenancy and Agricultural Land Act, 1948Chapter I Preliminary.
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.]
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