VINODCHANDRA SAKARLAL KAPADIA v. STATE OF GUJARAT AND ORS.
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Headnote — Supreme Court Reports (editorial summary, not part of the judgment)
Catchwords
Bombay Tenancy and Agricultural Lands Act, 1948 – ss.63, 43 & 14, 17, 17B, 27, 29, 32, 32A, 32B, 32F, 32H, 32I, 32O, 32P, C 32PP, 32PPP, 32QQ, 32R, 32U, 33(1), 63A, 64, 84C, 88B, 88E – Agricultural land was in the cultivating possession of a tenant, who became deemed purchaser under the Act as he was cultivating the land on tiller’s day – Land bequeathed through Will in favour of appellant – However, it was found that the appellant was not an agriculturist and the disposal by way of Will in his favour was contrary to s.63 – Land was declared to be vested in the State – Division Bench inter alia held that s.63 bars the transfer of agricultural land to a non-agriculturist for non-agricultural purpose unless permission is obtained from Collector/authorised officer –
Held
Provisions of the Act intend to confer the advantage of statutory purchase upon a cultivating tenant, and see that “the tiller of the land” is conferred ownership w.r.t the lands cultivated by him as well as the dwelling house occupied by him – In cases where the tenant is unable to exercise the right of purchase because his holding would go beyond ceiling limit, the land would not revert to the landlord, but in terms of s.32P, it must come to the persons or entities listed in the priority list (includes agricultural labourers, landless persons) – If a tenant or any other person from the priority list is conferred ownership in respect of the agricultural land or when a landlord is allowed to retain the land surrendered by his tenant, each of them is obliged to cultivate the land personally – In case any of them is unwilling, the land must be given to those who principally depend upon agricultural operations for their sustenance – If a person is a beneficiary of such statutory purchase and wishes to transfer his holding, the law obliges that he must take prior sanction from the Collector – A transfer inter vivos would normally be for consideration where the transferor may get value for the H 897
A land but the legislation requires previous sanction of the concerned authority so that the transferee can step into the shoes of transferor and carry out all the obligations – As against this, if a testamentary disposition which does not have the element of consideration is to be permitted, and if it is assumed that ss.43 & 63 do not get attracted, the land can be bequeathed to a total stranger and a non- B agriculturist who may not cultivate the land himself leading to engagement of somebody as a tenant on the land – Legislative intent to do away with absentee landlordism; to protect the cultivating tenants and to establish direct relationship between the cultivator and the land would then be rendered otiose – In the context of the entire scheme, the term “assignment” used in s.43 must include testamentary disposition as well – View taken by Division Bench is correct – In pith and substance, the legislation and the concerned provisions are completely within the competence of State Legislature – Interpretation of Statutes – Doctrine of pith and substance – Indian Succession Act, 1925 – Land Laws and Agricultural Tenancy. D Dismissing the appeals, the Court
Held
1.1 A) In terms of Section 32, on the tillers’ day every tenant satisfying the requirements spelt out in Section 32(1), and upto the ceiling limit as laid down in Section 32A, is deemed to have purchased from his landlord, free from all encumbrances, the land held by him as tenant. B) The purchase price payable by the tenant for such deemed purchase is to be determined in terms of Section 32H, according to which, in case of a permanent tenant the purchase price has to be equal to six times the rent, while in case of other tenants, the purchase price would not be less than 20 times the assessment, and not more than 200 times the assessment. C) In case the proceedings for eviction of the tenant are pending, the deemed date of purchase will stand postponed in terms of the first proviso to Section 32. D) Even if the tenant had lost the possession before the tillers’ day, in certain cases the possession can be restored to him and the benefit of statutory purchase can be enjoyed by him as stipulated in sub-sections (1A) and (1B) of Section 32. The benefit of statutory purchase is also made available to tenants in
Reporter's headnote (continued) and case details
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(Civil Appeal No. 2573 of 2020)
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areas within the limits of Municipal Boroughs, or within the limits of Municipal Districts as contemplated by Section 32(4) of the Act. E) If the landlord is under a disability, as stated in Section 32F, the right to purchase the land can be exercised after cessation of disability. In such cases, the period within which the right to purchase could be exercised was initially a fixed period, but facility is given in Section 32F(1A) that even if the period had expired, the tenant is still deemed to have purchased the land. F) Even a sub-tenant of a permanent tenant is entitled to the right of deemed purchase in terms of Section 32I and all the provisions concerning deemed purchase are to apply to such sub-tenant. The shares of purchase price are then to be allocated in terms of Section 32I (3). G) If the tenancy is created after the tillers’ day, in terms of Section 32O, as it stood before its deletion (vide Gujarat Act D No.10 of 2009), a tenant could exercise the right of purchase within one year from the commencement of his tenancy. H) If the purchase has become ineffective or there was failure on the part of the tenant to exercise the right of purchase, the Collector under Section 32P either suo motu, or on an E application, can pass appropriate directions in terms of Section 32P(2). In such cases, the land is to be disposed of to the persons in the priority list. At the top of the priority list is the tenant himself, in case he is willing to accept the offer of sale, followed by various entities and persons including agricultural labourers, land-less persons, small holders and persons belonging to F Scheduled Castes and Scheduled Tribes. I) If none of those persons in the priority list come forward to purchase the land, the land is to vest in the State Government, whereupon in terms of Section 32P(4) the purchase price can be determined, which will then be paid to the owner of the land. G J) Where the purchase in favour of persons from the priority list in terms of Section 32 is effected, the price will be determined in terms of Section 32P(5) read with other provisions, to be paid in annual instalments not exceeding six. H
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A K) If any land was surrendered to the landlord before the specified date and the possession of the land was taken by the landlord, in terms of Section 32P(7), the landlord will be entitled to the use and occupation of the land so long as he cultivates the land personally. In such cases, by virtue of Section 32P(8) no land as described in Section 32P(7) can be transferred by sale, mortgage, lease or assignment without the previous sanction of the Collector. L) Even in cases where the land is at the disposal of the Collector under Section 32P, by virtue of Sections 32PP, 32PPP additional opportunities are granted to the tenant to avail of the benefit of statutory purchase. Even where the tenant had failed to deposit the purchase price, in cases covered by Section 32QQ the amount will be deposited on his behalf by the State Government. M) Upon payment of the last instalment, a certificate of purchase is issued to the tenant or sub-tenant or such other person(s)/entities in the priority list, as the case may be. The certificate of purchase is conclusive evidence of the ownership of such purchaser. N) A right was conferred upon the tenant with respect to a E dwelling house under Section 17 whereunder the tenant was given the first option of purchasing the site at a value, to be determined by the tribunal. However, by virtue of the newly incorporated Section 17B, every tenant is deemed to have purchased from his landlord the site on which the dwelling house occupied by such F tenant is built and the land immediately appurtenant thereto and necessary for the enjoyment of dwelling house. O) If the landlord intends to sell any land, he must apply to the tribunal in terms of Section 64 which may thereafter determine the reasonable price, and the offer has to be made in terms of G Section 32P to the concerned persons. P) Section 88B had granted exemption from the provisions pertaining to statutory purchase and determination of price in respect of lands held by a University or a trust for an educational purpose, a hospital, punjarapol or Gaushala and to lands donated by any person for the purposes of rendering any services to the H
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community. However, in terms of Section 88E, such exemption ceased to operate from the specified date, and the tenants of such lands are also deemed to have purchased the land on the specified date, and all the relevant provisions regarding statutory purchase would then apply to such land. Q) Section 32R obliges the purchaser of land to cultivate the land personally, and in case of failure, the land can be disposed of in terms of Section 84C of the Act. The aforesaid provisions deal with matters pertaining to and arising out of proceedings related to statutory purchase. Sections 14 and 29 do not belong to that category. In terms of C Section 14, if the land “is assigned” in contravention of Section 27, the tenancy of the tenant is liable to be terminated. Section 27 states in clear terms that “assignment of any interest” in the land by a tenant shall not be valid. The decision of this Court in Bhavarlal has stood the test of time which clearly states that a tenancy governed by a statute which prohibits assignment, cannot D be willed away to a total stranger. The expression “assignment” in Sections 14 and 27, if understood in light of the decision of this Court in Bhavarlal which has consistently been followed, must include testamentary disposition. There is nothing in the provisions of the Act to suggest that the expression “assignment” E must carry a different meaning in Sections 14 and 27 on the one hand, and Section 43 on the other. [Paras 20, 21][977-H; 978-A- H; 979-A-H; 980-A-E] Bhavarlal Labhchand Shah v. Kanaiyalal Nathalal Intawala (1986) 1 SCC 571 : [1986] 1 SCR 1 – affirmed. F 1.2 The provisions hereinabove intend to confer the advantage of statutory purchase upon a cultivating tenant, and see that “the tiller of the land” is conferred ownership with respect to the lands cultivated by him as well as the dwelling house occupied by him. Thus, a cultivating tenant, if his holding is G otherwise not beyond the ceiling limit, would be given the right to own the land cultivated by him. In cases where no purchase could be effected either on account of inability of the tenant to pay the purchase price, or on account of other situations, more than one attempt and opportunities are afforded to him. The H
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A statute goes to the extent of obliging the State Government to deposit the purchase price on his behalf. Even in cases where the tenant is unable to exercise the right of purchase because his holding would go beyond ceiling limit, the land would not revert to the landlord, but in terms of Section 32P, it must come to the persons or entities listed in the priority list. The priority list includes persons such as agricultural labourers and landless persons. The scheme is, therefore, to effectuate distribution of agricultural lands in such a way that the persons who are disadvantaged, would be conferred the ownership. After such purchase, the law obliges the purchaser to cultivate the land personally and not to transfer it. [Para 22][981-B-E] 1.3 If a tenant or any other person from the priority list is conferred ownership in respect of the agricultural land or when a landlord is allowed to retain the land which was surrendered by his tenant, each one of them is obliged to cultivate the land personally. In case any of them is unwilling, the land must be given to those who principally depend upon agricultural operations for their sustenance. If a person is a beneficiary of such statutory purchase and wishes to transfer his holding the law obliges that he must take prior sanction from the Collector. While granting such sanction, the authorities may essentially check whether the transferee is an agriculturist or an agricultural labour who otherwise fulfils the requirements and would carry out the obligation of cultivating the land personally; and that his holding would not go beyond the ceiling limit. Since the ownership itself was conferred as a result of the legislative scheme as discussed hereinabove, these conditions are inherent in the very conferral of ownership and, therefore, specifically incorporated in Section 43 with direct reference to the provisions named therein. A transfer inter vivos would normally be for consideration where the transferor may get value for the land but the legislation requires previous sanction of the concerned authority so that the transferee can step into the shoes of the transferor, and carry out all the obligations as a part of legislative scheme must be discharged. Thus, the screening whether a transferee is eligible or not, can be undertaken even before the actual transfer is effected. As against this, if a testamentary disposition which does H
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not have the element of consideration is to be permitted, and if it is assumed that Sections 43 and 63 of the Act do not get attracted, the land can be bequeathed to a total stranger and a non-agriculturist who may not cultivate the land himself; which in turn may then lead to engagement of somebody as a tenant on the land. The legislative intent to do away with absentee landlordism and to protect the cultivating tenants, and to establish direct relationship between the cultivator and the land would then be rendered otiose. The construction put on the expression “assignment” appearing in Section 43, therefore, has to be consistent with the legislative scheme. In the context of the entire scheme, the term “assignment” used in Section 43 of the Act C must include testamentary disposition as well. By adopting such construction, in keeping with the law laid down by this Court, the statute would succeed in attaining the object sought to be achieved. On the other hand, if it is held that the testamentary disposition would not get covered by the provisions of Section D 43, a gullible person can be made to execute a testament in favour of a person who may not fulfil the requirements and be eligible to be a transferee in accordance with law. This may not only render the natural heirs of the tenant without any support or sustenance, but may also have serious impact on agricultural operations. In the circumstances the view taken by the Division Bench of the E High Court in the present matter is absolutely correct and does not call for any interference. The decision is completely consistent with the law laid down by this Court in Sangappa and Jayamma and the other cases referred to hereinabove and must be accepted to be the correct exposition of law. [Paras 23-25][982-D-H; F 983-A-E] Sangappa Kalyanappa Bangi (Dead) through LRs. v. Land Tribunal, Jamkhandi and Others AIR 1998 SC 3229 : (1998) 7 SCC 294 : [1998] 1 Suppl. SCR 600; Jayamma v. Maria Bai (Dead) by proposed LRs and Another AIR 2004 SCW 4412 : (2004) 7 SCC 459 : G [2004] 3 Suppl. SCR 175 – affirmed. 1.4 If the provisions referred to in Section 43 of the Act and allied provisions are considered in light of the settled principles extracted earlier, it emerges that the primary concern H
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A of those provisions is to see that the legislative scheme of granting protection to persons from disadvantaged categories and conferring the right of purchase upon them, and thereby ensure direct relationship of a tiller with the land. The provisions, though lay down a norm which may not be fully consistent with the principles of Indian Succession Act, are principally designed to attain and sub-serve the purpose of protecting the holdings in the hands of disadvantaged categories. The prohibition against transfers of holding without the previous sanction of the concerned authorities, is to be seen in that light as furthering the cause of legislation. Even if by the process of construction, the expression “assignment” is construed to include testamentary disposition, in keeping with the settled principles, the incidental encroachment cannot render the said provisions invalid. In pith and substance, the legislation and the concerned provisions are completely within the competence of the State Legislature and by placing the construction upon the expression “assignment” D to include testamentary disposition, no transgression will ensue. The construction put by the Division Bench on the provisions that fell for consideration is accepted. The challenge to the view taken by the Division Bench must therefore be rejected. The decision of this Court in Mahadeo which had failed to notice the E earlier decisions in Sangappa and Jayamma and which is inconsistent with the decisions referred to hereinabove and what the Court has concluded, must be held to be incorrectly decided. [Paras 31, 33][999-E-G; 1000-A-B] Mahadeo (Dead through legal representatives) v. F Shakuntalabai (2017) 13 SCC 756 – held incorrect law. Girnar Traders (3) v. State of Maharashtra and Others (2011) 3 SCC 1 : [2011] 3 SCR 1 – followed. Manchegowda v. State of Karnataka (1984) 3 SCC G 301 : [1984] 3 SCR 502; Lingappa Pochanna Appelwar v. State of Maharashtra and another (1985) 1 SCC 479 : [1985] 2 SCR 224; Pandey Oraon v. Ram Chander Sahu and Others (1992) 2 Suppl. SCC 77; Amrendra Pratap Singh v. Tej Bahadur Prajapati and Others H (2004) 10 SCC 65 : [2003] 6 Suppl. SCR 42; State of
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Rajasthan and Others v. Aanjaney Organic Herbal A Private Limited (2012) 10 SCC 283 : [2012] 7 SCR 1148; Rajasthan Housing Board v. New Pink City Nirman Sahkari Samiti Limited and Another (2015) 7 SCC 601 : [2015] 5 SCR 365; Samatha v. State of A.P. and Others (1997) 8 SCC 191 : [1997] 2 Suppl. SCR B 305; Welfare Association, A.R.P., Maharashtra and Another v. Ranjit P. Gohil and Others (2003) 9 SCC 358 : [2003] 2 SCR 139; State of Maharashtra v. Bharat Shanti Lal Shah and Others (2008) 13 SCC 5 : [2008] 12 SCR 1083 – relied on. State of Punjab (now Haryana) and Others v. Amar Singh C and Another (1974) 2 SCC 70 : AIR 1974 SC 994 : [1974] 3 SCR 152; Dayandeo Ganpat Jadhav v. Madhav Vithal Bhaskar and Others (2005) 8 SCC 340 : [2005] 4 Suppl. SCR 439; Timmakka Kom Venkanna Naik v. Land Tribunal (1987) 2 Kant LJ 337; D State of W.B. v. Kailash Chandra Kapur (1997) 2 SCC 387 : [1996] 9 Suppl. SCR 398; S. Rathinam alias Kappamuthu and Others v. L.S. Mariappan and Others (2007) 6 SCC 724 : [2007] 7 SCR 568; Jaspal Singh v. Additional District Judge, Bulandshahr & Ors. (1984) 4 SCC 434 : [1985] 1 SCR 889; Dr. Anant Trimbak E Sabnis v. Vasant Pratap Pandi AIR 1980 Bombay 69; Lincai Gamango and Others v. Dayanidhi Jena and Others (2004) 7 SCC 437 : [2004] 2 Suppl. SCR 825; Shamjibhai Keshavjibhai Kansagra (Patel) & Ors. v. Principal Secretary, Revenue Dept. (Appeals) & Ors. F AIR 2011 Gujarat 55 – referred to. Case Law Reference [1998] 1 Suppl. SCR 600 affirmed Para 6 (e) [2004] 3 Suppl. SCR 175 affirmed Para 6 (e) G [1974] 3 SCR 152 referred to Para 8.3 [2005] 4 Suppl. SCR 439 referred to Para 8.3 (2017) 13 SCC 756 held incorrect law Para 10 [1996] 9 Suppl. SCR 398 referred to Para 12(D) H
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A [2007] 7 SCR 568 referred to Para 12(D) [1985] 1 SCR 889 referred to Para 12(D) [1986] 1 SCR 1 affirmed Para 12(E) [1984] 3 SCR 502 relied on Para 15 (A) B [1985] 2 SCR 224 relied on Para 15 (B) (1992) 2 Suppl. SCC 77 relied on Para 1 [2003] 6 Suppl. SCR 42 relied on Para 17 [2004] 2 Suppl. SCR 825 referred to Para 17 C [2012] 7 SCR 1148 relied on Para 1 [2015] 5 SCR 365 relied on Para 18 (b) [1997] 2 Suppl. SCR 305 relied on Para 22 [2003] 2 SCR 139 relied on Para 28 D [2008] 12 SCR 1083 relied on Para 29 [2011] 3 SCR 1 followed Para 30 CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2573 of 2020. E From the Judgment and Order dated 17.03.2009 of the High Court of Gujarat at Ahmedabad in Special Civil Application No. 25058 of 2006. With Civil Appeal Nos. 2574, 2575, 2576, 2577, 2578, 2579, 2581, 2583, F 2584 of 2020. Sanjay Parikh, Sr. Adv., Ms. K. V. Bharathi Upadhyaya, Raghavendra S. Srivatsa, Pai Amit, Rahat Bansal, Aniruddha P. Mayee, A. Rajarajan, Purvish Jitendra Malkan, Ms. Dharita Purvish Malkan, Alok Kumar, Ms. Bhavna Sarkar, Ms. Deepa Gorasia, Neerav Thakkar, G Ms. Bina Madhavan, Katubadi Ismail, M/s. Lawyer S Knit & Co, P. S. Sudheer, Rishi Maheshwari, Ms. Mayuri Nayyar Chawla, Ms. Anne Mathew, Bharat Sood, Ms. Shruti Jose, Divyesh Sejpal, S. Hariharan, Ms. Jaikriti S. Jadeja, Vikash Singh, Somesh Chandra Jha, Anand Darshan, Rahul Narang, Mahesh Agarwal, Abhinav Agrawal, Nishant Roa, E. C. Agrawala, Rajiv Kumar, Krishna M. Singh, Sanjeev Gupta, H Sandeep Kumar, Rameshwar Prasad Goyal, Nikhil Goel, Dushyant Sarna
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(for A. Venayagam Balan), Ms. Hemantika Wahi, Rahul Gupta, Advs. A for the appearing parties.
Judgment
The Judgment of the Court was delivered by UDAY UMESH LALIT, J.
11. Leave granted. B
22. These Appeals arise out of the common judgment and order dated 17.03.2009 passed by the Division Bench of the High Court of Gujarat at Ahmedabad in Special Civil Application No.25058 of 2006 and all other connected matters while answering the questions referred to it by a Single Judge of the High Court. The questions that arose for consideration and the circumstances in which the matters were referred to it were set out by the Division Bench as under:-. “We are called upon to decide as to whether Section 63 of the Bombay Tenancy and Agricultural Lands, Act, 1948 (for short ‘the Bombay Tenancy Act’) debars an agriculturist from parting with his agricultural land to a non-agriculturist through a “Will” so also, whether Section 43(1) of the Tenancy Act restricts transfer of any land or interest purchased by the tenant under Sections 17B, 32, 32F. 321. 320, 32U, 33(1) or 88E or sold to any person under Section 32P or 64 of the Tenancy Act through the execution of a Will by way of testamentary disposition. E Learned Single Judges of this Court have taken a consistent view that such transfer of property through testamentary disposition would not violate Section 43 or 63 of the Tenancy Act, Justice J.B. Mehta in the case of Manharlal Ratanlal @ Radmansinh Chausinh v. Taiyabali Jaji Mohamed & others (1967-68 (Vol.5) F GLT 199) while interpreting Section 43(1) of the Tenancy Act took the view that the expression ‘transfer’ which is used in Section 43(1) of the Tenancy Act must be interpreted in light of the Transfer of Property Act viz. the transfer by way of act of parties. Learned Judge took the view that, if the Legislature wanted to include a G transfer by operation of law as to include succession, insolvency, inheritance, etc. or sales by public auction, specific provision would have been made to that effect. Learned Judge held all the specific categories which are mentioned are all of transfers by act of parties, bequest by Will cannot be included in the scope of the term ‘gift’ H
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A or ‘assignment’. Justice Rajesh Balia in Ghanshyambhai Nabheram v. State of Gujarat and others (1999 (2) GLR 1061) while interpreting Section 63 of the Tenancy Act took a view that just like, a non-agriculturist be not deprived of his inheritance, a legatee under a Will, can also be a non-agriculturist, hence, there is no bar in succeeding the property through testamentary disposition. Learned Judge held that Revenue Laws dealing with agricultural lands have not made the land uninheritable and they also do not disqualify a non-agriculturist from inheritance nor a number of persons are disentitled from succeeding to estate of an agriculturist as body of successors, which may result in well defined share of the estate of deceased vesting in them individually. Justice Rajesh Balia again in Pravinbhai Bhailalbhai Gor v. Rajkumar Gupta, collector, Vadodara (1999(1) GLR 440) while interpreting Section 43 and 63 of the Tenancy Act took the view that both provisions clearly go to show that they refer only to transaction or transfer or agreement to transfer of land or any interest therein which are inter vivos and not to vesting of such rights in anyone as a result of transmission or as a result of succession on death of holder and the provisions do not affect the operation of law of inheritance. Appeal filed against the above judgment was, however, dismissed in State of Gujarat v. P.B. E Gor (2000 (3) GLR 2168). Justice K.A. Puj also took identical view in Gasfulbhai Mohmadbhai Bilakhia v. State of Gujarat (2005 (1) GLR 575) and Gopiraj Dedraj Agrawal (Gopiram tudraj Agrawal) v. State of Gujarat (2004 (1) GLR 237). Learned Judge also made reference to the Circular dated 13.02.1989 issued by the State Government and took a view that that Section 43 as well as Section 63 of the Tenancy Act would not debar transfer of property by testamentary disposition. Justice R.K. Abichandani also took the same view in Babubhai Mervanbhai Patel v. State of Gujarat 2005 (1) GLH (UJ) 3. Learned Single Judge Justice Jayant Patel expressed some doubts about the views expressed in the above-referred judgments and felt that the matter requires re-consideration in light of the decisions rendered by the Apex Court in Sangappa Kalyanappa Bangi (dead) through LR (AIR 1998 SC 3229 = (1998) 7 SCC 294 Rajendra Babu J. and Jayamma v. Maria Bai and another (2004) 7 SCC 459 Sinha, J.) and hence these matters have been placed before us.” H
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33. Sections 43 and Section 63 of the Act1 are quoted here for ready reference:- “43. Restriction on transfers of land purchased or sold under this Act: (1) No land or any interest therein purchased by a tenant under section 17B, 32, 32F, 32I, 32O2, 32U, 43-1D or 88E or sold to any person under Section 32P or 64 shall be transferred or shall be agreed by an instrument in writing to be transferred, by sale, gift, exchange, mortgage, lease or assignment, without the previous sanction of the Collector and except in consideration of payment of such amount as the State Government may by general or special order determine; and no such land or any interest, therein shall be partitioned without the previous sanction of the Collector. Provided that no previous sanction of the Collector shall be required, if the partition of the land is among the members of the family who have direct blood relation or among the legal heirs of the tenant: Provided further that the partition of the land as aforesaid shall not be valid if it is made in contravention of the provisions of any other law for the time being in force: Provided also that such members of the family or the legal heirs shall hold the land, after the partition, on the same terms, conditions and restrictions as were applicable to such land or interest therein purchased by the tenant or the person. (1A) The sanction under sub-section (1) shall be given by the F Collector in such circumstances and subject to such conditions, as may be prescribed by the State Government. (1AA) Notwithstanding anything contained in sub-section (1), it shall be lawful for such tenant or a person to mortgage or create a charge on his interests in the land in favour of the State G Government in consideration of a loan advanced to him by the State Government under the Land Improvement Loans Act, 1983,
1 The Bombay Tenancy and Agricultural Lands Act, 1948 as applicable to State of Gujarat. 2 The words ‘32O’ were deleted by Guj. Act No.10 of 2009 H
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A the Agriculturists’ Loans Act, 1984, or the Bombay Non-agriculturists’ Loans Act, 1928, as in force in the State of Gujarat, or in favour of a bank or co-operative society, and without prejudice to any other remedy open to the State Government, bank or co-operative society, as the case may be, in the event of his making default in payment of such loan in accordance with B the terms on which such loan was granted, it shall be lawful for the State Government, bank or 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. Explanation. – For the purposes of this sub-section, “bank” C means – (a) the State Bank of India constituted under the State Bank of India Act,1955; (b) any subsidiary bank as defined in clause (k) of Section D 2 of the State Bank of India (Subsidiary Banks) Act, 1959; (c) any correspondent new bank as defined in clause (d) of Section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; E (d) the Agricultural Refinance and Development corporation, established under the Agricultural Refinance and Development Corporation Act, 1963. (1B) Nothing in sub-section (1) or (1AA) shall apply to land purchased under Section 32, 32F, or 64 by a permanent tenant F thereof, if prior to the purchase, the permanent tenant, by usage, custom, agreement or decree or order of a court, held a transferable right in the tenancy of the land. (1C) The land to which sub-section (1) applies and for which no permission is required under sub-section (1) of section 65B of the G Bombay Land Revenue Code, 1879 for use of such land for a bonafide industrial purpose may, notwithstanding anything contained in sub-section (1) of this section, be sold without the previous sanction of the Collector under sub-section (1) but subject to payment of such amount as may be determined by the State Government under sub-section (1). H
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GUJARAT AND ORS. [UDAY UMESH LALIT, J.]
(2) Any transfer or partition, or any agreement of transfer, or any A land or any interest therein in contravention of sub-section (1) shall be invalid.
63. Transfers to non-agriculturists barred. (1) Save as provided in this Act:- B (a) no sale (including sales in execution of a decree of a Civil Court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift, exchange or lease of any land or interest therein, or (b) no mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgage, or (c) no agreement made by an instrument in writing for the sale, gift, exchange, lese or mortgage of any land or interest therein, shall be valid in favour of a person who is not an agriculturist or who being an agriculturist cultivates personally land not less than the ceiling area whether as an owner or tenant or partly as owner and partly as tenant or who is not an agricultural labourer: Provided that the Collector or an officer authorised by the State E government in this behalf may grant permission for such sale, gift, exchange, lease or mortgage, or for such agreement on such conditions as may be prescribed. Provided further that no such permission shall be granted, where land is being sold to a person who is not an agriculturist for agricultural purpose, if the annual income of such person from other sources exceeds five thousand rupees. (1A) The State Government may, by notification in the Official Gazette, exempt from the provisions of sub-section (1), for the transfer of any agricultural land to any public trust established for the charitable purpose and which is non-profitable in nature, for the use of such land in the field of health and education, subject to such conditions as may be specified therein. (2) Nothing in this section shall be deemed to prohibit the sale, gift, exchange or lease, or the agreement for the sale, gift, H
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A exchange or lease, of a dwelling house or the site thereof or any land appurtenant to it in favour of an agricultural labourer or an artisan or a person carrying on any allied pursuit. (3) Nothing in this section shall apply or be deemed to have applied to a mortgage of any land or interest therein effected in favour of B a co-operative society as security for the loan advanced by such society or any transfer declared to be a mortgage by a court under section 24 of the Bombay Agricultural Debtors’ Relief Act, 1947. (4) Nothing in Section 63A shall apply to any sale made under sub-section (1).”
44. The Sections of the Act which are referred to in said Section 43 and in the light of which the reference was answered by the Division Bench as well as some other Sections having bearing on the matters in issue, are extracted hereunder: “17. Tenant to be given first option of purchasing site on which he has built dwelling house.- (1) If a landlord to whom the site referred to in section 16 belongs, intends to sell such site, the tenant at the expense of whom or whose predecessor-in-title, a dwelling house is built thereon shall be given in the manner provided in sub-section (2) of the first option of purchasing the site at a value determined by the Tribunal. (2) The landlord intending to sell such site shall give notice in writing to the tenant requiring him to state within three months from the date of service of such notice whether he is willing to purchase the site. F (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 G holding an inquiry shall determine the value of the site [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 [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 H
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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. 17B. Tenant to be deemed to have purchased sites referred to in section 16 from specified date. (1) On and with effect from such date as the State Government may, by notification in the Official Gazette, specify, every tenant referred to in section 16 shall be deemed to have purchased from his landlord the site on which the dwelling house occupied by such tenant, was built, and the land immediately appurtenant thereto and necessary for enjoyment of the dwelling house free from all encumbrances at the price to the fixed by the Tribunal, being a price not exceeding twenty times the annual rent for the site. (2) [Deleted by Guj. Act No.5 of 1973] F (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.
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A (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 per cent 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 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. E (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; 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: H
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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.
32. Tenants deemed to have purchased land on tillers’ day.- (1) On the first day of April 1957 (hereinafter referred to as “the tillers’ day”) every tenant shall, subject to the other provisions of the next succeeding sections, be deemed to have purchased from his landlord, free of all 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 cultivates 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 ; or E (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: F Provided that if an application made by the landlord under section 29 for obtaining possession of the land has been rejected by the Mamlatdar or by the Collector in appeal or in revision by the 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 G the final order of rejection is passed is hereinafter referred to as “the postponed date”: 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 H
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A be deemed to have purchased 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. (1A) (a) Where a tenant, on account of his eviction from the land by the landlord, before the 1st 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 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 the date of the final rejection of the application. (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 thereof 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 and or any part thereof 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 thereof is not put to a 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 that such land or as the case may be, part thereof shall be taken from the possession of the landlord or, as the case may be, his successor in interest, and shall be restored, to the tenant; and thereafter, the provisions of this section and sections 32A to 32R (both inclusive) shall, so far as they may be applicable, apply thereto, subject to the modification that the tenant shall be deemed to have
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purchased such land or part thereof on the date on which such land or, as the case may be, part thereof is restored to him: Provided that the tenant shale be entitled to restoration of land or part thereof, as the case may be, under this sub-section only if he gives an undertaking in writing within such period as may be prescribed to cultivate it personally and of so much thereof as together with the other land held by him as owner or tenant shall not exceed the ceiling area: 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 landlord 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) E of section 32 P. Explanation. - In this sub-section “successor in interest” means a person who acquires the interest by testamentary disposition or devolution on death. F (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 G (b) as the case may be, such part thereof as the Tribunal may determine in cases where such warkas land, is jointly used by more persons than one for the purposes of rab manure, shall be included in the land to be deemed to have been purchased by the tenant under sub-section (1): H
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A Provided that in cases referred to in clause (b) the Tribunal may determine that such warkas land 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. B (3) In respect of the land deemed to have been purchased by a tenant under subsection (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 C 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 subsection (3) of that section. until the amount of the purchase price payable by the tenant to the landlord is determined under section 32H. (4) On the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat XVI of 1960), every tenant in the areas within the limits of Municipal Boroughs Act, 1925 (Bombay XVIII of 1925), or within the limits of municipal districts constituted under the Bombay District Municipal Act, 1901 (Bombay III of 1901), shall, subject to the other provisions of this Act, be deemed to have purchased from a landlord free from all encumbrances subsisting thereon 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 Rs. 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 provisions of sub-sections (2) to (4) of that section H
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shall apply thereto as if the application had been made under section A 88C. (6) The provisions of sections 32S, 32T and 32U shall mutatis mutandis apply to the termination of tenancy of such land by a landlord holding a certificate under sub-section (5) and purchase of such land by the tenant thereof as if such landlord were a B certified landlord and such tenant were an excluded tenant within the meaning of those sections. 32A. Tenants deemed to have purchased up to ceiling area:- A tenant shall be deemed to have purchased land under section 32 – C (1) in the case of a tenant who does not hold any land as owner but holds land as tenant in excess of the ceiling area, up to the ceiling area; (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. 32B. When tenants not deemed to have purchased lands:- If a tenant holds land partly as owner and partly as tenant but the area of the land held as owner is equal to or exceeds the ceiling area, he shall not be deemed to have purchased the land held by him as a tenant under section 32. 32F. Right of tenant to purchase where landlord is minor etc. – (1) Notwithstanding anything contained in the preceding sections,- F (a) where the landlord is a minor or a widow, or a person subject to any mental or physical disability 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: G
Provided that were 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 before the 31st day of March H
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A 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. B (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- C (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 D 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; E 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 before the 31st day of March, 1958 the share of such person in the joint family has been separated F 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. G (1A) On and after the date of commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat XVI of 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 H
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commenced be deemed to have been 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. (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. 32H. Purchase price and its maxima:- (1) Subject to the additions and deductions as provided in sub-sections (1A) and 1(B), the purchase price shall be reckoned as follows, namely:– (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,– D (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 tillers’ 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 E (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:– F (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 G planted by the landlord on the land; (c) the amount of the arrears of rent, if any, lawfully due on the tillers’ day or the postponed date;
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A (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. B Explanation 1.– For the purposes of calculating the price under this subsection, the amount of water rate, if any, levied under section 55 of the Bombay Land Revenue Code, 1879, and included in such assessment, shall be excluded. Explanation 2.– For the purposes of this sub-section, the expression C “assessment” shall have the meaning assigned to it in section 8. (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 Lands (Amendment) Act, 1955, paid in respect of the land held by him as tenant land revenue and other D 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).
E (1B) (a) On the amount arrived at in accordance with the provisions 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. F (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 G 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 H
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tenants in any backward area. In fixing such minima and maxima, A the State Government shall have regard to the rent payable for the land and the factors specified in sub-section (3) of Section 63A. 32I. Sub-tenant of permanent tenant to be deemed to have purchased land. – B (1) Where a permanent tenant has sub-let the land held by him, the sub-tenant shall, to the extent and subject to the conditions specified in sections 32 to 32E (both inclusive), be deemed to have purchased the land on the tillers’ day. (2) The purchase price thereof shall be determined in the manner C provided in clause (ii) of sub-section (1) of section 32H. (3) Out of the purchase price of the 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. D (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. E 32O3. Right of tenant whose tenancy is created after tillers’ day to purchase land. – (1) In respect of any tenancy created after the tillers’ day notwithstanding any agreement or usage to the contrary, a tenant cultivating personally shall be deemed to have purchased on the date of expiry of one year from the commencement of such tenancy from the landlord the land held by him or such part thereof as will raise the holding of the tenant to the ceiling area. (2) The provisions of sections 32 to 32N (both inclusive) and of sections 32P, 32Q and 32R in so far as they may be applicable shall apply to the purchase of the land by a tenant under sub-section (1).
3 Section 32O was deleted by Guj. Act No.10 of 2009 H
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A 32P. Power of Collector to resume and dispose of land not purchased by tenant and appeal against Collector’s order: - (1) Where the purchase of any land by tenant under section 32 becomes ineffective under the foregoing provisions of this B sub-chapter or where the tenant fails to exercise the right to purchase land under section 43-1D within the period specified in that section the Collector may suo motu or on an application made in this behalf and after holding a formal inquiry direct that the land shall be disposed of in the manner provided in sub-section (2). C (2) Such direction shall, subject to the provisions of sub-sections (2AA) and (2A) provide (a) that the tenancy in respect of the shall be terminated and the tenant be summarily evicted: (b) Clause (b) deleted by Guj. Act No.5 of 1973 D (c) that the entire land or such portion thereof, as the case may be, notwithstanding that it is a fragment, shall subject to the terms and conditions as may be specified in the direction be disposed of by sale to person in the following order of priority (hereinafter called “the priority list”) :- E and conditions as may be specified in the direction be disposed of by sale to person in the following order of priority (hereinafter called “the priority list”):- (a-i) the tenant whose tenancy in respect of that land is terminated if such tenant is willing to accept the offer of sale, provided the occasion for the issue of such direction has not arisen by reason of an act of collusion between such tenant and the landlord (i) a co-operative farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons; (ii) agricultural labourers; (iii) landless persons; (iv) small holders; H
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(v) a co-operative farming society of agriculturists (other than small holders) who hold either as owner or tenant or partly as owner and partly as tenant, land less in area than an economic holding and who are artisans: (vi) an agriculturist (other than a small holder) who holds either as owner or tenant or partly owner and partly as tenant, land les in area than an economic holding and who is an artisan; (vii) an other co-operative farming society; (viii) any agriculturist who holds either as owner or tenant or partly as owner and partly as tenant land larger in area than an economic holding but less in area than the ceiling area; (ix) any person not being an agriculturist, who intends to take to the profession of agriculture: D Provided that the State Government may, by notification in the Official Gazette, give, in relation to such local areas as it may specify, such priority in the above order as it thinks fit to any class of persons who, by reason of the acquisition of their land for any development project approved for the purpose by the State Government, have been displaced, and require to be re-settled; E Provided further that- (a) where there are two or more co-operative farming societies falling under item, (i), (v) or (vii), preference amongst them shall be given in the following order, namely:- F (1) a co-operative farming society each of the members of which belongs to a Scheduled Tribe; (2) a co-operative farming society the membership of which is held partly by persons belonging to a Schedule Tribal and partly by persons belonging to a Schedule Caste; G (3) a co-operative farming society each of the members of which belongs to a Scheduled caste; (4) a co-operative farming society the membership of which is not solely held by persons belonging to a Schedule Tribe or Schedule Caste; H
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A (b) in the case of persons falling under items (ii), (iii) and (iv) preference shall be given in the following order, namely:- (1) a person belonging to a Schedule Tribe; (2) a person belonging to a Schedule Caste; B (3) other persons (2AA) Where in any case the direction under sub-section (2) provides that the land in respect of which the tenancy is terminated shall be disposed of by sale to the tenant referred to in sub-clause (a-I) of clause (c) of sub-section (2), the tenant shall be liable to C be evicted only if the land or, as the case may be, the portion thereof could not be disposed of by sale to him. (2A) Where the tenancy in respect of any land is terminated under clause (a) of sub-section (2) but the tenant of such land is a co-operative farming society of the type referred to in sub-clause D (i) of clause (c) of sub-section (2), the direction under sub-section, the direction under sub-section (2) shall further provide- (i) that the entire land or such portion thereof, as the case may be, shall be disposed of by sale to the co-operative farming society which was the tenant of the land or as the case may be, portion thereof immediately before the termination of the tenancy under clause (a) of sub-section (2). Provided that the total acreage of the land to be so disposed of shall not exceed an area arrived at by multiplying the ceiling area by the total number of the members of the co-operative farming society; (ii) that on the termination of the tenancy under clause (a) of sub-section (2), the co-operative farming society shall be liable to be evicted only from such portion of the land as could not be disposed of by sale to it under a direction issued under sub-section (2). (3) [Omitted by Gujarat Act No.5 of 1973] (4) Where the land or portion thereof is offered for sale under sub-section (2) but no person comes forward to purchase such land or portion, such land or portion, as the case may be, shall vest
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in the State Government and the Collector shall determine the price of such land or portion in accordance with the provisions of section 63A and the amount of the price so determined shall, subject to the provisions of section 32Q, be paid to the owner thereof. (5) Where any land is sold under sub-section (2), the Collector shall determine the price of the land in accordance with the provisions of section 63A and the price so determined shall be payable by annual instalments not exceeding six with simple interest at the rate of 4½ per cent, per annum as the Collector may determine and the price of the land recovered from the purchaser shall, subject to the provisions of section 32Q, be paid to the owner thereof. C
(6) On the payment of the last instalment of the price, together with the interest due, the Collector shall issue a certificate of purchase in the prescribed form to the purchaser in respect of the land. Such certificate shall be conclusive evidence of purchase. D (7) (a) Where before the specified date, any land has been surrendered to a landlord under sub-section (2) of this section as in force immediately before such date; and the landlord has taken possession of the land, the landlord shall be liable to cultivate the land personally and shall be entitled to the use and occupation of the land so long as he cultivates the land personally. E
(b) If he fails to so cultivate the land he shall be evicted from the land and the land shall be disposed of in accordance with the provisions of section 84C. (8) No land of the description referred to in sub-section (7) shall F be transferred by sale, gift, exchange, mortgage, lease, or assignment or partitioned without the previous sanction of the Collector and except on payment of such amount as the State Government may by general or special order determine. (9) Any person aggrieved by any order made by the Collector G under the foregoing provisions of this section may appeal to the State Government against such order. (10) The State Government shall after giving an opportunity to the parties to be heard, decide the appeal. H
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A (11) The order of the Collector, subject to such appeal and decision of the State Government on appeal, shall be final. 32PP. Further opportunity to tenant to purchase land.- (1) Notwithstanding anything contained in section 32G and 32P where before the date of the coming into force of the Bombay B Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965 (Guj. 36 of 1965), (hereinafter referred to in this section as “the said date”)– (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 (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. E (1A) Notwithstanding the expiry of the period specified in sub-section (1), the right conferred under that sub-section, may be exercised as if in that sub-section, for the words, brackets and figures “the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965” (Guj. 36 of 1965), the words, brackets F 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 commencement of the Bombay Tenancy and G Agricultural Lands (Gujarat Amendment) Act, 1970 (Guj. 2 of 1971), was not 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 (1) by making an application from any such tenant the Tribunal shall H
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admit it as if it were an application made within such specified period. (1C) Notwithstanding the expiry of the period specified in sub-section (1) read with sub-section (1A), the right conferred under sub-section (1) may be exercised. (a) by a tenant at any time before two months after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981 (Guj.13 of 1981); or (b) by a specified tenant at any time before the date specified under clause (b) of sub-section (5) of section 32M. C
(1D) Where an application for a declaration that the purchase has not become ineffective made by a tenant 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. D (a) such tenant shall also be entitled to exercise the right conferred under sub-section (1) by making an application at any time before two months after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981 (Guj. 13 of 1981); or E (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 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 F 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. G (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. H
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A (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). 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 accordance with law.
D 32PPP. Further opportunity to purchase land to tenants whose purchase become ineffective after commencement of Guj.36 of 1965.- (1) Notwithstanding anything contained in sections 32G and 32P where on or after the date of the coming into force of the Bombay E Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965 (Guj. 36 of 1965),— (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 F sub-section (2) 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 (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— G (a) the tenant, if he is willing to purchase the land may make an application in writing to the Tribunal before two months after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981; or H
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(b) the tenant, if he is a specified tenant and is willing to A purchase the land, may make an application in writing to the Tribunal before the data specified under clause (b) of sub-section (5) of section 32M for a declaration that the purchase has not been ineffective. (2) On receipt of an application under sub-section (1) the Tribunal B 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 C the purchase price of the land in the manner provided in section 32G as if the purchase has not been ineffective. (4) The provisions of sections 32 to 32P and sections 32Q and 32R shall so far as may be applicable apply to the purchase of the land by a tenant under this section. D (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). E Explanation.—Notwithstanding anything contained in any judgement, 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 issued under sub-section (2) of section 32P takes actual possession of such land in accordance with law. 32QQ. Deposit or payment of purchase price by State Government on behalf of specified tenant.- (1) (a) Where a specified tenant permitted under clause (b) of subsection (5) of section 32M to deposit with the Tribunal at any time before the date specified under clause (b) of sub-section (5) of section 32M the entire amount of the price of the land or, as the case may be, the unpaid portion of the price, together with the interest, as specified in sub-section (3) and (4) of section 32M, has failed to deposit with the Tribunal such amount before the H
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A date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Second Amendment) Ordinance, 1986 (Guj. Ord. 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 B 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. C (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 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 date specified under clause (b) of sub-section (5) of Section 32M, and the Collector directs under 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 tenant referred 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. 32R. Purchaser to be evicted if he fails to cultivate personally:- If at any time after the purchase of the land under
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any of the foregoing provisions, the purchaser fails to cultivate the land personally, he shall unless the Collector condones such failure for sufficient reasons, be evicted and the land shall be disposed of in accordance with the provisions of section 84C. 32U. Tenants of lands mentioned in section 88C to be deemed to have purchased land and other incidental provisions. - (1) Notwithstanding anything contained in sub-section (1) of section 88C, but subject to the provisions of this section every excluded tenant holding land from a certified landlord shall, except as otherwise provided in sub-section (3), be deemed to have purchased from the landlord on the first day of April 1962, free from all encumbrances subsisting thereon on the said day, the land hold by him as tenant, if such land is cultivated by him personally; and (i) the landlord has not given notice of termination of tenancy in accordance with sub-section (3) of section 32T, or D (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 day 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. G (2) (a) Where a tenant, on account of his eviction from the land by the landlord, before the 1st 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 H
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A 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 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 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 give such notice but has not made an application thereafter under section 29 for possession 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: E 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 Mamlatdar or in appeal by the Collector or in revision by the Gujarat Revenue Tribunal, the tenant shall be deemed to have F 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.
G 33. Right of tenants to exchange land. – (1) Notwithstanding anything contained in this Act or any other law or any agreement or usage, the tenants holding lands as such tenants may agree and may make an application to the Mamlatdar in the prescribed form for the exchange of their H tenancies in respect of the lands held by them as tenants.
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(2) On receipt of the application, the Mamlatdar after giving notice to the landlords concerned and after making an inquiry may sanction the exchange on such terms and conditions as may be prescribed and may issue certificate in the prescribed form to the applications. (3) The certificate so issued shall be conclusive of the fact of such exchange against the landlords and all persons interested in the lands exchanged (4) Each of the two tenants shall on exchange hold the land on same terms and conditions on which it was held by the original tenant immediately before the exchange subject to such modifications as may have been sanctioned by the Mamlatdar. 63A. Reasonable price of land for the purpose of its sale and purchase.- (1) Except as otherwise expressly provided in this Act, the price of any land sold or purchased under the provisions of this Act D shall consist of the following amounts, namely :– (a) an amount not being less than 20 times the assessment levied or leviable in respect of the land and not being more than 200 times such assessment excluding, however, for the purpose of calculation, the amount of water rate, if any, levied under section 55 of the Bombay Land Revenue Code, 1879 (Bom. V of 1879), and included in such assessment; (b) the value of any structures, wells and embankments constructed, permanent fixtures made and trees planted on the land. (2) Where under the provisions of this Act any land is sold or purchased by mutual agreement, such agreement shall be registered before the Mamlatdar, and the price of the land shall, subject to the limits specified in sub-section (1), be such as may be mutually agreed upon by the parties. In the case of disagreement between the parties, the price shall be determined by the Tribunal having regard to the factors mentioned in this section. (3) Where in the case of a sale or purchase of any land under this Act, the Tribunal or the Mamlatdar has to fix the price of such H
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A land under this Act, the Tribunal or the Mamlatdar, as the case may be, shall, subject to the quantum specified in sub-section (1), fix the price having regard to the following factors, (a) the rental values of lands used for similar purposes in the locality; B (b) the structures and wells constructed and permanent fixtures made and trees planted, on the land by the landlord or tenant; (c) the profits of agriculture of similar lands in the locality;
C (d) the prices of crops and commodities in the locality; (e) the improvements made in the land by the landlord or the tenant; (f) the assessment payable in respect of the land; (g) such other factors as may be prescribed; D Explanation.– For the purposes of this section the expression “assessment” shall have the meaning assigned to it in section 8.
64. Sale of agricultural land to particular person. – (1) Where a landlord intends to sell any land, he shall apply to the E Tribunal for determining the reasonable price thereof. The Tribunal shall thereupon determine reasonable price of the land in accordance with the provisions of section 63A. The Tribunal shall also direct that the price shall be payable either in lump sum, or in annual instalments not exceeding six carrying simple interest at F 4½ per cent per annum: Provided that in the case of sale of the land in favour of a permanent tenant when he is in possession thereof, the price shall be at six times the annual rent. (2) After the Tribunal has determined the reasonable price, the landlord shall simultaneously in the prescribed manner make a offer:- (a) in the case of agricultural land- (i) to the tenant in actual possession thereof, notwithstanding the fact that such land is a fragment, and
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(ii) to all persons and bodies mentioned in the propriety list; (b) in the case of a dwelling house, or a site of a dwelling house or land appurtenant to such house when such dwelling house, side or land is not used or is not necessary to carry on agricultural operations in the adjoining lands- (i) to the tenant thereof: (ii) to the person residing in the village who is not in possession of any dwelling house; C Provided that if there are more than one such person the offer shall be made to such person or persons and in such order of priority as the Collector may determine in this behalf having regard to the needs of the following persons, namely:- (i) an agricultural labourer, D (ii) an artisan, (iii) a person carrying on an allied pursuit, (iv) any other person in the village. (3) The persons to whom such offers are made shall intimate to the landlord within one month from the date of receipt of the offer whether they are willing to purchase the land at the price fixed by the Tribunal. (4) (a) If only one person intimates to the landlord under sub-section (3) his willingness to accept the offer made to him by the landlord under sub-section (2), the landlord shall call upon such person by a notice in writing in the prescribed form to pay him the amount of the reasonable price determined by the Tribunal or to deposit the same with Tribunal within one month or such further period as the landlord may consider reasonable from the date of receipt of the notice by such person. G
(b) If more than one person intimates to the landlord under sub-section (3) their willingness to accept the offers made to them by the landlord under sub-section (2), the landlord shall call upon by a notice in writing in the prescribed form and the person having H
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A the highest priority in the order of priority given in sub-section (2) to pay him the amount of the reasonable price determined by the Tribunal or to deposit the same with Tribunal within one month or such further period as the landlord may consider reasonable from the date of receipt of the notice by such person. B (5) If the person to whom a notice is given by the landlord under sub-section (4) fails to pay the amount of the reasonable price to the landlord or to deposit the same with the Tribunal within the period referred to in sub-section (4) such person shall be deemed to be not willing to purchase the land and the landlord shall call upon in the manner provided in sub-section (4) the person who C stands next highest in the order of priority and who has intimated his willingness to the landlord under sub-section (3). (6) If any dispute arises under this section regarding- (a) the offer made by the landlord under sub-section (2), or D (b) the notice given by the landlord under sub-section (4) or (5), or (c) the payment or deposit of the reasonable price, or (d) the execution of the sale deed, such dispute shall be decided by the Tribunal. E (7) (a) Notwithstanding anything contained in the foregoing provisions of this section a landlord may after obtaining the previous permission of the Tribunal as provided in the next succeeding clause (b) sell any land notwithstanding the fact that such land is a fragment to the tenant in actual possession thereof at a price mutually agreed upon between him and the tenant subject to the provisions of section 63A. (b) The landlord shall make an application in writing to the Tribunal for permission to sell the land at such price. On receipt of the application, the Tribunal shall grant the permission if, on holding an inquiry, it is satisfied that the price has been agreed to voluntarily by the tenant. (8) Any sale made in contravention of this section shall be invalid. (9) If a tenant refuses or fails to purchase the land or a dwelling house offered to him under this section, and the land or the dwelling
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house, as the case may be, is sold to any other person under this section, the landlord shall be entitled to evict such tenant and put the purchaser in possession. 84C. Disposal of land, transfer or acquisition of which is invalid.- (1) Where in respect of the transfer or acquisition of any land made on or after the commencement of the Amending Act, 1955, the Mamlatdar suo motu or on the application of any person interested in such land has reason to believe that such transfer or acquisition is or becomes invalid under any of the provisions of this Act, the Mamlatdar shall issue a notice and hold any inquiry as provided for in section 84B and decide whether the transfer or acquisition is or is not invalid. (2) If after holding such inquiry, the Mamlatdar comes to a conclusion that the transfer or acquisition of land to be invalid, he shall make an order declaring the transfer or acquisition to be invalid, unless the parties to such transfer or acquisition give an undertaking in writing that within a period of three months from such date as the Mamlatdar may fix, they shall restore the land alongwith the rights and interest therein to the position in which it was immediately before the transfer or acquisition, and the land is so restored within that period: E
Provided that where the transfer of land was made by the landlord to the tenant of the land and the area of the land so transferred together with the area of other land, if any, cultivated personally by the tenant did not exceed the ceiling area, the Mamlatdar shall not declare such transfer to be invalid- F (i) if the amount received by the landlord as the price of the land is equal to or less than the reasonable price determined undersection 63A and the transferee pays to the State Government a penalty equal to Re.1 within such period not exceeding three months as the Mamlatdar may fix; G (ii) if the amount received by the landlord as the price of the land is in excess of the reasonable price determined under section 63A and the transferor as well as the transferee pays to the State Government each a penalty equal to one- H
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A tenth of the reasonable price within such period as may be fixed by the Mamlatdar. (3) On the declaration made by the Mamlatdar under sub-section (2),— (a) the land shall be deemed to vest in the State Government, B free from all encumbrances lawfully subsisting thereon on the date of such vesting and shall be disposed of in the manner provided in sub-section (4); the encumbrances shall be paid out of the occupancy price in the manner provided in section 32Q for the payment of encumbrances out of the purchase price of the sale of land but the right of the holder of such encumbrances to proceed against the person liable, for the enforcement of his right in any other manner, shall not be affected; (b) the amount which was received by transferor as the price of the land shall be deemed to have been forfeited to the State Government and it shall be recoverable as an arrear of land revenue; and (c) the Mamlatdar shall, in accordance with the provisions of section 63A determine the reasonable price of the land. E (4) After determining the reasonable price, the Mamlatdar shall grant the land on new and impartible tenure and on payment of occupancy price equal to the reasonable price determined under sub-section (3) in the prescribed manner in the following order of priority:— F (i) the tenant in actual possession of the land; (ii) the persons or bodies in the order given in the priority list: Provided that where the transfer of land was made by the landlord to the tenant of the land and area of the land so transferred together with the area of the land, if any, cultivated personally by the tenant did not exceed the ceiling area then— (i) if the amount received by the transferor as the price of the land is equal to or less than the reasonable price, the amount forfeited under sub-section (3) shall be returned to the transferor and the land restored to the transferee on payment of a penalty of rupee one in each case; and
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(ii) if the amount received by the transferor as the price of the land is in excess of the reasonable price, the Mamlatdar shall grant the land to the transferee on new and impartible tenure and on payment of occupancy price equal to one- tenth of the reasonable price and out of the amount forfeited under sub-section (3), the transferor shall be paid back an amount equal to nine-tenths of the reasonable price. (5) The amount of the occupancy price realised under sub-section (4) shall subject to the payment as aforesaid of any encumbrances subsisting on the land, be credited to the State Government: Provided that where the acquisition of any excess land was on account of a gift or bequest, the amount of the occupancy price realised under sub-section (4) in respect of such land shall, subject to the payment of any encumbrances subsisting thereon, be paid to the done or legatee in whose possession the land had passed on account of such acquisition. D Explanation.—For any purposes of this section “new and impartible tenure” means the tenure of occupancy which is non-transferable and non-partible without the previous sanction of the Collector. 88B. Exemption from certain provisions to and of local authorizes, universities and trusts.- (1) Nothing in the foregoing provisions, except sections 3, 4B, 8, 9, 9A, 9B, 9C, 10, 10A, 11, 13 and 27 and the provisions of Chapters VI and VIII in so far as the provisions of the said Chapters are applicable to any of the matters referred to in the sections mentioned above, shall apply— (a) to lands held or leased by a University established by law in the [Bombay area of the state of Gujarat; and (b) to lands which are the property of a trust for an educational purpose a hospital, Punjarapol. or Gaushala; G st (c) to lands assigned or donated by any person before the 1 day of August, 1956, for the purpose of rendering any of the following services useful to the community, namely:— maintenance of water works, lighting or filling of water throughs for cattle: H
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A Provided that — (i) such trust is or is deemed to be registered under the Bombay Public Trusts Act, 1950 (Bom. XXIX of 1950), and
B (ii) the entire income of such land is appropriated for the purposes of such trust. (2) For the purposes of this section a certificate granted by the Collector, after holding an inquiry, that the conditions in the proviso to sub-section (1) are satisfied by any trust shall be conclusive evidence in that behalf. (3) Notwithstanding anything contained in sub-section (1), nothing in the foregoing provisions of this Act shall apply to lands leased for cultivation with the help of sewage, whether before or after the commencement of the Amending Act, 1955 by a local authority in discharge of its duties and functions relating to the establishment and maintenance of a farm for the disposal of sewage under the law under which such local authority is constituted. 88E. Cessor of exemption in respect of certain public trust lands. – E (1) Notwithstanding anything contained in section 88B, with effect on and from the specified date, lands which are the property of an institution for public religious worship shall cease to be exempted from those provisions of the Act except sections 31 to 31D (both inclusive) from which they were exempted under section 88B and all certificates granted under that section in respect of such lands shall stand revoked. (2) Where any such land ceases to be so exempted, then in the case of a tenancy subsisting immediately before the specified date the tenant shall be deemed to have purchased the land on the specified date and the provisions of sections 32 to 32R (both inclusive) shall so as far may be applicable, apply. Exemption. - In this section “specified date” means the date of the commencement of the Gujarat Devasthan Inams Abolition Act, 1969 (Gujarat 16 of 1969).”
55. The aforesaid provisions generally deal with the right of purchase conferred upon a tenant and process to effectuate said right of
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purchase. Following provisions, inter alia, deal with some of the incidents A while the relationship as a tenant is in operation including assignment on part of the tenant:- “14.Termination of tenancy for default of tenant :- (1) Notwithstanding any law, agreement or usage or the decree or order of a court, the tenancy of any land shall not be terminated— B (a) unless the tenant— (i) has failed to pay the rent for any revenue year before the 31st day of May thereof; (ii) has done any act which is destructive or permanently C 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; or D (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 E 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. F
27. Sub-division, sub-letting and assignment prohibited:- (1) Save as otherwise provided in section 32F no sub-division or sub-letting of the land held by a tenant or assignment of any interest therein shall be valid: G Provided that nothing in this sub-section shall prejudicially affect the rights of a 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 H
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