GUJARAT TENANCY AND AGRICULTURAL LANDS ACT, 1948
(1) This Act may be called the 2[Gujarat] Tenancy and Agricultural Lands Act, 1948.
(2) It extends to the 1[Bombay area of the State of Gujarat.]
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1. These words were substituted for the words "pre-Re-organisation State of Bombay excluding the transferred territories" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment) Order, 1960.
2. Substituted by the Gujarat short title (Amendment) Act, 2011 w.e.f. 01.05.1960 for the following : - "Bombay "
The Gujarat Tenancy and Agricultural Lands Act, 1948, was enacted to regulate tenancy rights and agricultural land use in the state of Gujarat. It aims to protect the rights of tenants and ensure equitable distribution and use of agricultural land.
Section 1 of the Act outlines the short title, extent, and commencement of the Act. It states that the Act may be called the "Gujarat Tenancy and Agricultural Lands Act, 1948" and extends to the whole of the Bombay area of the State of Gujarat.
Section 1 establishes the foundational framework for the Act, indicating its applicability and the legal context within which subsequent provisions operate. It sets the stage for the detailed regulations concerning tenancy and agricultural land management that follow in the subsequent sections.
Section 1 does not prescribe any punishments or penalties; it merely serves as an introductory provision to the Act.
In this Act, unless there is anything repugnant in the subject or context,--
1 [(1) "agriculture" includes horticulture, the raising of crops, grass or garden produce, 2 [the use by an agriculturist of the land held by him or a part thereof for the grazing of his cattle, the use of any land, whether or not an appanage to rice or paddy land, for the purpose of rab manure] but does not include allied pursuits, or the cutting of wood only :
3 [Provided that in the case of such tracts of land abounding in natural growth of grass as the State Government may, by notification, in the Official Gazette, specify, "agriculture" shall include the cutting of grass for any purpose;]
(1A) "agricultural labourer" means a person whose principal means of livelihood is manual labour on land;]
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Legal Comments- Introduction - The Gujarat Tenancy and Agricultural Lands Act, 1948 (GTLAL Act) regulates tenancy, transfer of agricultural lands, and protections for agriculturists in Gujarat; Section 2 defines “agriculturist” and frames who may cultivate and own land under the Act. [Mustufakhan R. Pathan VS State of Gujarat]- What Section Says - Section 2(2) defines “agriculturist”; Section 2(6) originally set out “to cultivate personally” criteria; amendments have altered scope, including joint family considerations and proximity/area requirements; Section 63 prohibits transfers to non-agriculturists without Collector sanction; Section 43 introduces premium/consideration for transfers requiring prior Collector sanction. [PATEL UMEDBHAI VITHALBHAI VS PANDIT CHANCHALBEN JUGALRAI][013000205?] - Essential ingredients - To invoke Section 63 transfer restrictions, a transferee must be an agriculturist; transfer to non-agriculturist is invalid absent statutory permission; prior Collector sanction is mandatory for transfers, mortgages, or agreements to transfer; Section 43 sets the premium/fee framework for such sanctioned transfers; the “cultivate personally” criterion factors into agriculturist status. [PATEL UMEDBHAI VITHALBHAI VS PANDIT CHANCHALBEN JUGALRAI][PRATAPSINH RUPSINH VS RUPABHAI RANCHHODBHAI][Jogibhai Mangalbhai Tandel VS Mamlatdar And Agricultural Land Tribunal, Pardi]- Scope of Section - Section 63 and related transfer provisions apply to agricultural lands and aim to regulate ownership, sale, gift, lease, mortgage to prevent non-agriculturist acquisition; amending Acts have broadened/narrowed scope at various times, including retrospective validations (e.g., Section 63AB, 63AA interpretations) and exemptions for industrial/non-agricultural uses under specific conditions. [PATEL UMEDBHAI VITHALBHAI VS PANDIT CHANCHALBEN JUGALRAI][State of Gujarat VS Nandubhai Mahasukhbhai Patel]- Punishment for Section - The GTLAL Act provides penalties for transfers in breach of Section 63, including three times the prevailing jantri value and restoration of land to its prior position (Section 63AD); non-compliance can trigger invalidation and restoration orders (84B/84C mechanisms). Administrative penalties and restoration orders can be enforced by Mamlatdar/Collector. [PATEL UMEDBHAI VITHALBHAI VS PANDIT CHANCHALBEN JUGALRAI][Rasiklal Revashanker Jani VS Kalaji Keshaji]- Jurisdictional principles - Jurisdictional questions frequently arise about which authority (Mamlatdar/ALT, Deputy Collector, Gujarat Revenue Tribunal) has power to decide tenancy vs. transfer disputes; decisions reiterate limits of Tribunal review powers under Section 76 and the need for proper application of provisions (e.g., Section 63, 84-C) without cross-application of powers from different statutes. [State of Gujarat, Through Chief Secretary VS Vasantbhai Ambalal Patel][STATE OF GUJARAT VS VIJAYBHAI KASTHURBHAI RATHOD]- Case: Deemed purchaser concept - Under sections like 2(18)(d) and 32FF, a tenant who is deemed purchaser may acquire land; courts have held that possession, the specified dates, and status as agriculturist affect deeming and purchase rights; transitional provisions may alter retroactively the effect of certain transfers. [PATEL UMEDBHAI VITHALBHAI VS PANDIT CHANCHALBEN JUGALRAI][PRATAPSINH RUPSINH VS RUPABHAI RANCHHODBHAI]- Case: 32P/84C interplay - Section 32P/84C outcomes determine restoration or disposal of land; appeals often involve whether a transfer was valid or not, and whether prior possession by tenants remains protected; appellate tribunals can remand or set aside but must follow statutory language. [State of Gujarat, Through Chief Secretary VS Vasantbhai Ambalal Patel][013000071?]- Case: Industrial/bonafide uses - Section 63-IA (Maharashtra context) and related provisions show that transfer to non-agriculturists can be allowed for bonafide industrial use; Gujarat context has analogues and amendments that affect permissible transfers to non-agriculturists for specific purposes. [Ramanbhai Bhagubhai - Thro Poanitinbhai Mangubhai Patel VS Heirs of Late Bhikhabhai Khushalbhai Shantaben?][Crest Communications Ltd. . VS State Bank of India and another]- Circulars and retrospective effects - Administrative circulars interpreting “person” or status can be challenged where they conflict with statutory definitions; Supreme Court/High Court decisions emphasize that circulars cannot override statutory text and that retrospective amendments may validate certain transfers. [STATE OF GUJARAT VS PRATHMESH FARMS PVT. LTD. ][Taraben D/O. Shi VS Hanker Nathjipandya]- Landmark interpretation - The Gujarat High Court has clarified that “Person” includes juristic persons for certain sections (63AB) when addressing transfers violating Section 63; this counters attempts to limit beneficiaries to natural persons and reinforces regulatory aims against transfer to non-agriculturists. [State of Gujarat VS Nandubhai Mahasukhbhai Patel]- Transfer to trusts/organizations - Transfers to trust/companies without agriculturist status can be void; post-amendment readings (e.g., 63AB, 63AD) address penalties and restoration against such transferees; emphasis on proper joining of trustees and representation in suits. [Heirs of Deceased Chandubhai Krishnarao Jadav VS Pax Society][STATE OF GUJARAT VS PRATHMESH FARMS PVT. LTD. ]- Retroactivity and abatement - Amendments (e.g., 1995, 2001) may abate or validate pending proceedings; some transfers prior to amendments may be cured or deemed valid due to retrospective changes, complicating appellate outcomes. [Ajayabsingh Gyansingh [Ahmedabad] VS State of Gujarat][Parkhanji Mulji Alias Umaji (Since Deceased) VS Gujarat Revenue Tribunal]- Review vs revision - Section 76 grants revisional power to GRT; review under Tribunal Act provisions requires careful alignment with Section 17/76 and cannot be used to circumvent statutory rights; courts caution against dilatory use of review to reopen settled rights. [STATE OF GUJARAT VS VIJAYBHAI KASTHURBHAI RATHOD][ATULBHAI BALABHAI PATEL VS STATE]- Agriculturist definition evolution - Amendments (Act No. 4 of 1995; No. 3 of 2001) removed distance-based restrictions, broadening the scope of who qualifies as an agriculturist; this widens eligibility for purchases but also tightens transfer controls where non-agriculturists are involved. [Ajayabsingh Gyansingh [Ahmedabad] VS State of Gujarat]- Restoration and vesting outcomes - If transfers are invalid, land can vest back in the State; 84-C procedures govern restoration, with option to compensate via jantri-based payments under 63AB/63AD; courts scrutinize whether retroactive validations occurred via amendments. [Sterling Sez And Infrastructure Limited VS State Of Gujarat][Rasiklal Revashanker Jani VS Kalaji Keshaji]- Petitions against circulars - When petitions challenge government circulars applying 84-C or 63A/B provisions, courts emphasize adherence to statutory law over administrative shortcuts; notices and actions must be anchored in statutory authority. [STATE OF GUJARAT VS PRATHMESH FARMS PVT. LTD. ]- Tenancy rights vs. ownership disputes - Many cases revolve around whether a landowner’s entry as tenant, or a tenant’s status as deemed purchaser, confers rights or triggers transfer prohibitions; tribunals and courts must distinguish tenancy rights from transfer/ownership actions in light of Sections 2, 63, 84C, and 32G/32P. [Taraben D/O. Shi VS Hanker Nathjipandya][013000343?]- Conclusion - The GTLAL Act’s transfer restrictions serve to keep agricultural land within agriculturist possession and control; numerous decisions affirm the central themes: prior Collector sanction, proper definition of agriculturist (including juristic persons under Section 63AB), penalties for breaches, and careful allocation of jurisdiction between ALT/Mamlatdar/Tribunal. Where ambiguity arises, amendments and case law guide how to apply Sections 43, 63, 84C, and 63AD in a manner consistent with agrarian reform objectives. [Jogibhai Mangalbhai Tandel VS Mamlatdar And Agricultural Land Tribunal, Pardi][PATEL UMEDBHAI VITHALBHAI VS PANDIT CHANCHALBEN JUGALRAI]
Sources (for reference)- Ramanbhai Bhagubhai - Thro Poanitinbhai Mangubhai Patel VS Heirs of Late Bhikhabhai Khushalbhai Shantaben- STATE OF GUJARAT VS VIJAYBHAI KASTHURBHAI RATHOD- PUNABHAI DHEDUBHAI BARAIYA VS PATEL CHHAGANBHAI PARSHOTTAMDAS- RATILAL MAGANLAL INTWALA SINCE DECD. VS SPECIAL SECRETARY- Valjibhai Karamsibhai Patel VS State of Gujarat- MEHRAMANSINHJI ALIAS MAHAMMED MASOOD JALULLUDDIN THAKORE VS STATE of Bombay- JAYANTILAL PARSHOTTAMDAS KAPALI VS STATE- SHAH VISANJI DUNGARSHI VS JOSHI BHARA DAHYA- State of Gujarat, Through Chief Secretary VS Vasantbhai Ambalal Patel- Gohil Jesangbhai Raysangbhai VS State of Gujarat- Rasiklal Revashanker Jani VS Kalaji Keshaji- STATE OF GUJARAT VS PRATHMESH FARMS PVT. LTD. - PATEL UMEDBHAI VITHALBHAI VS PANDIT CHANCHALBEN JUGALRAI- Jogibhai Mangalbhai Tandel VS Mamlatdar And Agricultural Land Tribunal, Pardi- 01300007134- Balvantsinh @ Kiransinh Abhesinh Barad VS Natwarsinh Harisinh Barad- State of Gujarat, Through Chief Secretary VS Vasantbhai Ambalal Patel- Jaswantbhai Ishwarbhai Patel, Lh. And Reps. Of Decd Ishwarbhai Aatmaram VS Paresh Kantilal Patel- Parkhanji Mulji Alias Umaji (Since Deceased) VS Gujarat Revenue Tribunal- Durgasankar Shivsankar VS State of Gujarat- Banuben D/O Umravbibi Wd/O Husenbhai Nabibux Kunjda VS Heirs Of Deceased Modia Chhotalal Mansukhlal And Sushilaben Shantilal Modia- State of Gujarat VS Nandubhai Mahasukhbhai Patel- ATULBHAI BALABHAI PATEL VS STATE
The provisions of Chapter V of the Transfer of Property Act, 1882(IV of 1882), shall in so far as they are not inconsistent with the provisions of this Act, apply to the tenancies and leases of land to which "this Act applies.
A person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is not cultivated personally by the owner and if such person is not--
(a) a member of the owner's family; or
(b) a servant on wages payable in cash or kind but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or any member of the owner's family, or
(c) a mortgagee in possession.
Explanation 1 [I].--A person shall not be deemed to be a tenant under this section if such person has been on an application made by the owner of the land as provided under section 2A of the Bombay Tenancy Act, 1939(Bom. XXIX of 1939), declared by a competent authority not to be a tenant
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1 [4A. Protected tenants
For the purposes of this Act, a person shall be recognised to be a protected tenant, if such person has been deemed to be a protected tenant under sections 3, 3A and 4 of the Bombay Tenancy Act, 1939(Bom. XXIX of 1939) referred to in Schedule I to this Act.
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1. Sections 4A inserted by Bom. 13 of 1956, section 3.
No tenancy of any land1[(other than tenancy created with the previous sanction of the Collector under section 73AA of the Bombay Land Revenue Code, 1879)] shall be terminated merely on the ground that the period fixed by agree- mentor usage for its duration has expired.]
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1 . These brackets, words, figures and letters were inserted by Guj. 37 of 1980, section 5. schedule Sr. No. 1(1).
1 [5. Celling area
(1) For the purposes of this Act, the ceiling area of lands shall be-
(a) 48 acres of jirayat; land, or
(b) 24 acres of seasonally irrigated land or paddy or rice land, or
(c) 12 acres of perennially irrigated land.
(2) Where the land held by a person consists of two or more kinds of land specified in sub-section (1), the ceiling area of such holding shall be determined on the basis of one acre of perennially irrigated land being equal of two acres of seasonally irrigated land or paddy or rice land, or four acres of jirayat land.
2 [(3) Where in any case the ceiling area as determined under the provisions of the Gujarat Agricultural Lands Cei
(1) For the purposes of this Act, an economic holding shall be--
(a) 16 acres of jirayat land, or
(b) 8 acres of seasonally irrigated land, or paddy or rice" land, or
(c) 4 acres of perennially irrigated land.
(2) Where the land held by a person consists of two or more kinds of land specified in sub-section (1), an economic holding shall be determined on the basis applicable to the ceiling area under sub-section (2) of section 5.
1 [Explanation.--In calculating an economic, holding, warkas, land shall be excluded.]
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1. This Explanation was added, Bom. 15 of 1957, section 4.
For the purposes of this Act,--
(a) irrigated land, whether perennially or seasonally irrigated, shall not include land irrigated by sources other than canals or bandharas within the meaning of the Bombay Irrigation Act, 1879(Bom. VII of 1879), or any lift irrigation system constructed or maintained by the State Government;
(b) seasonally irrigated land shall include alluvial land and land situated in the bed of a river and seasonally flooded by the water of such river.
Notwithstanding anything contained in sections 5 and 6, it shall be lawful for the State Government, if it is satisfied that it is expedient so to do in the public interest, to vary, by notification in the Official Gazette, the acreage of the ceiling area or economic holding, or the basis of determination of such ceiling area or economic holding under sub-section (2) of section 5 , regard being had to
(a) the situation of the land,
(b) its productive capacity,
(c) the fact that the land is located in a backward area, and
(d) any other factors which may be prescribed:
1[Provided that the extent of ceiling area shall not be varied so as to increase if it is already in excess of the ceiling area as determine
(1) Subject to the provisions of this Act,--
(a) but notwithstanding any law, custom, usage, agreement or the decree or order of a court, the rent payable shall be paid annually, and in cash;
(b) such rent shall not exceed five times the assessment payable in respect of the land or twenty rupees per acre, whichever is less, and shall not be less than twice such assessment:
Provided that where the amount equal to twice the assessment exceeds the sum of twenty rupees per acre, the rent shall be twice the assessment.
(2) For the purpose of this section "assessment" means--
(i) in areas in which a settlement has been made under Chapter VIIIA of the Bombay Land Revenue Code, 1879(Bom. V of 1879), or in which t
(1) Subject to the maximum andminimum limits of rent fixed under section 8, the Mamlatdar shall for eachvillage, or group of villages or for any area in such village or group, withinhis jurisdiction, fix the rate of rent payable by a tenant for the lease ofdifferent classes of land situate in such village, or group of villages orareas, as the case may be :
1 [2 [Providedthat this sub-section shall not apply to rent payable in accordance with theprovisions of sub-section (3) of section 8 where it is lower thanthe rent at the rate fixed by the Mamlatdar under this section.]]
(2)In arriving at such rate the Mamlatdar shall have regard to the rents prevalentin the locality, the productivity of the lands, the prices of commodities andsuch other factors as may be prescribed.
(3)The rate of rent so f
(1) The rent payable by a tenant shall, subject to the maximum and minimum fixed under section 8, be the rent at the rate fixed under section 9 in respect of the class of land to which the land held by the tenant belongs1[or where rent payable under the operation of sub-section (3) of section 8 is lower than the rent at the rate fixed under section 9, such lower rent]:
2[Provided that where any land held by a tenant is wholly or partially exempt from the payment of land revenue, and the rent payable in respect of such land is at the rate fixed under section 9, then the amount of rent shall be increased by a sum equal to the aggregate of the following amounts, that is to say : --
(i) the amount of full assessment leviable in respect of such land,
(ii) the amounts of the cesses mentioned in clau
Notwithstanding any law, usage or agreement or the decree or order of a court in the case of land in respect of which the rent has been fixed under section 9, a landlord shall not be liable to make any contribution towards the cultivation of the land in the possession of his tenants.
Until the rent is fixed in accordance with the provisions of the preceding sections, a tenan't shall, subject to the maximum provided under section 8, be liable to pay to the landlord the rent at the rate of which it was payable immediately before the commencement of the Amending Act, 1955; and if such rent was payable in crop share or produce, either partly or wholly, the value of such crop share or produce shall be determined in the prescribed manner.]
If any landlord recovers rent from any tenant in contravention of the provisions of sections1[8, 9, 9A or 9C] he shall forthwith refund the excess amount recovered to the tenant and shall be liable to pay such compensation to the tenant as may be determined by the Mamlatdar in this behalf and shall also be liable to such penalty as may be prescribed by rules made under this Act.
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1. These figures, letters and word were substituted for the figures and word "6, 7, 8 or 9" by Bom. 13 of 1956, section 5.
1 [10A. Liability of tenant to pay land revenue and certain other cesses
(1) Subject to the provisions of sub-section (2), every tenant shall be liable to pay in respect of the land held by him as a tenant--
(a) the land revenue in accordance with the provisions of the Bombay Land Revenue Code, 1879(Bom. V of 1879).
(b) the irrigation cess in accordance with the provisions of the Bombay Irrigation Act, 1879(Bom. VII of 1879), 2 [*].
(c) the cess levied under section 93 of the Bombay Local Boaras Act 1923(Bom. VI of 1923) as amended in Schedule II to this Act, 3 [and]
4 [d) the cess levied under section 89B of the Bombay Village Panchayats Act, 1933(Bom. VI of 1933)].
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1 [1] Notwithstanding, any agreement, usage or law, it shall not be lawful forany landlord to levy any cess, rate, vero, huk, or tax or service of any descriptionor denomination whatsoever from any tenant in respect of any land held by himas a tenant other than the rent lawfully due in respect of such land.
2 [(2)Nothing in sub-section (1) shall affect the liability of a tenant to pay any ofthe cesses under section 10A.]
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1.This section was renumbered as sub-section (1) of that section by Bom. 13 of 1956,section 7.
2. Sub-section (2) was inserted, Bom. 13 of 1956,section 7.
[Enquiries as regards reasonable rent.] Deleted by Bom. 13 of 1956 section 8.
(1) Notwithstanding anything contained in section 84A of the Bombay Land Revenue Code, 1879(Bom.V of 1879) whenever from any cause the payment of the whole land revenue payable to Government1[ * * * '* ] in respect of any land is suspended or remitted, the landlord shall suspend or remit, as the case may be, the payment to him of the rent of such land by his tenant. If in the case of such land the land revenue is partially suspended or remitted, the landlord shall suspend or remit the rent payable by the tenant of such land in the same proportion.
(2) If no land revenue is payable to Government in respect of such land and if from any cause, the payment of the whole or any part of the land revenue payable to Government in respect of any other land in the neighbourhood of such land has been suspended or remitted, the Collector shall, subject to the general or special orders of Govern
(1) Notwithstanding any law, agreement or usage or the decree or, order of a court, the tenancy of any land shall not be terminated --
(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 injurious to the land;
(iii) has sub-divided, sub-let of assigned, the land in contravention of section 27;
(iv) has failed to cultivate it personally; or
(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
The Gujarat Tenancy and Agricultural Lands Act, 1948, was enacted to regulate tenancy rights and agricultural land use in Gujarat. Section 14 specifically addresses the conditions under which a tenancy can be terminated, providing essential protections for tenants against arbitrary eviction.
Section 14 outlines the circumstances under which a landlord may terminate a tenancy. It stipulates that a tenancy cannot be terminated unless the tenant has failed to pay rent by a specified date, ensuring that tenants are not evicted without just cause.
The scope of Section 14 is significant as it protects tenants from arbitrary eviction and ensures that landlords cannot terminate tenancies without valid reasons. It also establishes a framework for resolving disputes related to tenancy termination.
While Section 14 itself does not specify punishments, it implies that landlords who fail to adhere to its provisions may face legal consequences, including the inability to evict tenants without following due process.
1 [15. Surrender by tenant
(1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, no tenant shall at any time terminate the tenancy in respect of any land by surrendering his interest therein in favour of the landlord.
(2) If a tenant intends to terminate tenancy in respect of any land by surrendering his interest therein, he shall intimate in writing to the landlord and to the Collector to that effect. On receipt of such intimation the Collector shall, after giving an opportunity to the landlord, the tenant and any other person interested in the land to be heard and after holding such inquiry as he deems fit, call upon the tenant to tender to the landlord, the rent in arrears within the period specified in the order and pass an order directing that the tenancy shall be terminated and that th
(1) If in any village a tenant,is in occupation of a dwelling house built at the expense of such tenant or hispredecessor-in-title on a site belonging to his landlord, such tenant shall notbe evicted from such dwelling house (with the materials and the site thereofand the land immediately appurtenant thereto and necessary for its enjoyment)unless--
(a) the landlord provesthat the dwelling house was not built at the expense of such tenant or hispredecessor-in-title; and
(b)suchtenant makes 1[any three defaults] in the payment of rent, if any, which hehas been paying for the use and occupation of such site.
(2)The provisions of sub-section (1) shall not apply to a dwelling house which issituated on any land used for the purposes of agriculture from which he has beenevicted under 2 [section 31].<
( 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.
(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 afte
1 [17A. Tenant's right to purchase site referred to in section 16.
(1) If a tenant referred to in section 16 intends to purchase the site on which a dwelling house is built, he shall give notice in writing to the landlord to that effect.
(2) If the landlord refuses, or fails, to accept the offer and to execute the sale-deed within three months from the date thereof, the tenant may apply to the Tribunal for the determination of the reasonable price of the land which shall not exceed 20 times the annual rent thereof; and thereupon the provisions for the determination and payment of the price and the issue of a certificate of purchase contained in the next succeeding section shall apply thereto.
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1. Sections 17A inserted by Bom. 1
1[(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 be fixed by the Tribunal, being a price not exceeding twenty times the annual rent for the site.]
(2 )1 [* * * *]
(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 bef
1 [18. Dwelling houses of agricultural labourers, etc.
The provisions of sections 16, 17, 17A and 17B "shall apply--
(a) to the dwelling houses and sites thereof occupied by agricultural labourers and artisans in any village; and
(b) to the lands held on lease in any village by persons carrying on an allied pursuit for the purpose of such pursuit.]
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1. Section 18 was substituted for the original by Bom. 13 of 1956, section 15.
If a tenant has planted or plants any trees on any land leased to him he shall be entitled to the produce and the wood of such trees during the continuance of his tenancy and shall on the termination of his tenancy be entitled to such compensation for the said trees as may, be determined by the Mamlatdar:
Provided further that the landlord shall during the continuance of the tenancy if the tenancy is terminated by surrender on the part of the tenant:
Provided further that the landlord shall during the continuance of the tenancy, be entitled to the rent of the land as if the trees had not been planted.
(1) A tenant shall during the continuance of his tenancy be entitled to two-thirds of "the total produce of trees naturally growing on the land, the landlord being entitled to one-third of the produce of such trees.
(2) If there is any dispute regarding the right to the produce of such trees or the apportionment of such produce as provided under sub-section '(1) the tenant or the landlord may apply to the Mamlatdar. Such applications shall be made in such form as may be prescribed.
(3) On receipt of such application, the Mamlatdar, shall, after holding an inquiry, pass such order thereon as he deems fit.
[Sub-letting of land by or on behalf of person in military, naval or air service, of the Union not to terminate tenancy.] Deleted by Bom. 13 of 1956, section 16.
Notwithstanding anything contained in section 123 of the Bombay Land Revenue Code, 1879(Bom. V of 1879), the responsibility for the maintenance and good repair of the boundary marks of the land held by the tenant and, any charges reasonably incurred on account of service by revenue officers in case of alteration, removal; or disrepair of such boundary marks shall be upon the tenant.
(1) Notwithstanding any agreement, usage or custom to the contrary, if it appears to the1[State] Government that the construction, maintenance or repairs of any bunds protecting any land held by a tenant is neglected due to a dispute between the landlord and the tenant or for any other reason, it may by an order in writing direct that the construction, maintenance or repairs shall be carried out by such persons as may be specified in the order and the cost thereof shall be recoverable from the person in actual possession of the land as arrears of land revenue.
(2) The person from whom the costs are recovered under sub-section (1) shall be entitled to recover the same or any part thereof from any person who under any agreement, usage or custom is wholly or partially liable to construct, maintain or repair the bunds.
(3 ) Notwithstanding a
Where any tenancy of any land held by any tenant is terminated on the ground that the tenant has done any act which is, destructive or permanently injurious to the land, no proceeding for ejectment against such tenant shall lie unless and until the landlord has served on the tenant a notice in writing specifying the act of destruction or injury complained of and the tenant fails within a period of one year, from the service of notice to restore the land to the condition in which it was before such destruction or injury.
1 [(1)] Where any tenancy of any land held by any tenant is terminated for payment of rent and, the landlord files any proceeding to eject the tenant, the Mamlatdar shall call upon the tenant to tender to the landlord the rent in arrears together with the cost of the proceeding, within 2 [three months] from the date of order, and if the tenant complies with such order, the Mamlatdar shall, in lieu of making an order for ejectment, pass an order directing that the tenancy had not been terminated and thereupon the tenant shall hold the land as if the tenancy had hot been terminated:
3 [Provided that if the Mamlatdar is satisfied that in consequence of total or partial failure of crops or similar calamity the tenant has been unable to pay the rent due, the Mamlatdar may, for reasons to be recorded in writing, direct that the arrears of rent together with the costs of the proceedings i
1[25A. Tenancy to be in abeyance during usufructuary mortgage in favour of tenant
If any land is mortgaged by a landlord by way of a usufructuary mortgage to a tenant cultivating such land, the tenancy of such land shall be in abeyance during the period the mortgage subsists. After the expiry of the, said period it shall, notwithstanding any other law for the time being in force, be lawful to the tenant to continue to hold the land on the terms and conditions on which he held it before the mortgage was created.]
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1. Section 25A was inserted by Bom. 34 of 1951, section 2.
(1) In the absence of an expressintimation in writing to the contrary by a tenant, every payment made by atenant to the landlord shall be presumed to be ,a payment on account of rentdue by such tenant for the year in which the payment is made.
1 [(2) When any amount of rent is received inrespect of any land by a land- lord or by a person on behalf of such landlord,the landlord or, as the case may be, the person shall at the time, when suchamount is received by him. give a written receipt therefor in such form and in such manner as may be prescribed.]
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1. Sub-section (2) was substituted for the original by Bom. 63 of 1958, section 4.
1 [27.Sub-division, sub-letting and assignment prohibited
(1)2 [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:.
Provided that nothing in this sub-section shall prejudicially affect the rights of 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
(ii)if he is not a member of a joint family, his heirs,
shall be entitled to partition and sub-divide the land leased, subject to the following conditions:--
(a)each sha
Save as expressly provided in this Act or as provided in the Bombay Co-operative Societies Act, 1925(Bom. VII of 1925), or the Bombay Agricultural Debtors Relief Act, 1947(Bom. XXVIII of 1947), for the recovery of loans permitted under section 27, any interest in the land held by him as a tenant shall not be liable to be attached, seized or sold in execution of a decree or order of a Civil Court.
*29. Procedure of taking possession
(1) A tenant or an agricultural labourer 0r artisan, entitled to possession of any. land or dwelling house under any of the provisions of this Act may apply in writing for such possession to the Mamlatdar. The application shall be made in such form as may be prescribed1[and within a period of two years from the date on which the right to obtain possession of the land or dwelling house is deemed to have accrued to the tenant, agricultural labourer or artisan, as the case may be.]
(2)2[Save as otherwise provided in sub-section (3A), no landlord] shall obtain possession of any land or dwelling house held by a tenant except under an order of the Mamlatdar. For obtaining such order he shall make an application in the prescribed form3[and within a period of two years from the date on which the right to obtai
1[29A. Provisions of section 29 to apply to sites used for allied pursuits
The provisions of section 29 shall apply to the sites used for allied pursuits as they apply to the sites of dwelling houses of an agricultural labourer or artisan in regard to taking possession of any land or dwelling house under the provisions of this Act.]
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1. Section 29A as inserted by Bom. 13 of 1956, section 19.
1[30. Rights and privileges of tenants not to be affected
Save as provided in this Act, the, rights or privileges of any tenant under "usage or law for the time being in force or arising out of any contract, grant, decree or order of a court or otherwise howsoever shall not be limited or abridged.]
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1. This section was substituted for the original by Bom. 38 of 1957, section 10.
(1) Notwithstanding anything contained in sections 14 and 30 but subject to sections 31A to 31D (both inclusive), a 1 [landlord (not being a landlord within the meaning of Chapter III-AA) may] after giving notice and making an application for possession as provided in sub-section (2), terminate the tenancy of any land (except a permanent tenancy), if the landlord bona fide requires the land for any of the following purposes :--
(a) for cultivating personally, or
(b) for any non-agricultural" purposes.
(2) The notice required to be given under sub-section (1) shall be in writing, shall state the purpose for which the landlord requires the land and shall be served on the tenant on or before the 31st day of December 1956. A copy of such notice shall, at the same time, be sent to the Mamlatdar. An
The right of a landlord to terminate a tenancy for cultivating the land personally under section 31 shall be subject to the following conditions: --
(a) If the landlord at the date on which the notice is given and on the date on which it expires has no other land of his own or has not been cultivating personally any other land, he shall be entitled to take possession of the land leased to the extent of a ceiling area.
(b) If the land cultivated by him personally is less than a ceiling area, the landlord shall be entitled to take possession of so much area of the land leased as will be sufficient to" make up the area in his possession to the extent of a ceiling area.
(c) The income by the cultivation of the land of which he is entitled to take possession is the principal source of income for hi
In no case a tenancy shall be terminated under section 31--
(1) in such manner as will result in leaving with a tenant, after termination less than half the area of the land, leased to him, or
(2) in such a manner as will result in a contravention of the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947(Bom. LXII of 1947), or in making any part of the land leased a fragment within the meaning of that Act, or
(3) if the tenant has become a member of a "co-operative farming society and, so long as he continues to be such member, 1 [or]
2 [(4) If the tenants is a member of a Scheduled Caste or a Scheduled Tribe.]
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The tenancy of any land left, with the tenant after the termination of the tenancy under section 311[or before the commencement of the Amending Act, 1955, under any other law then in force on the ground that the landlord required the land to cultivate personally or for any non-agricultural purpose] shall not at any, time afterwards, be liable to termination again on the ground that the landlord bona fide, requires that land for personal cultivation.
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1. These words and figures were inserted by Guj. 16 of 1960, section 6.
If, in consequence of the termination of the tenancy under section 31. any part of the land leased is left with the tenant, the rent shall be apportioned in the prescribed, manner in proportion to the area of the land left with the tenant.
1[(1) On the first day of April. 1957 (hereinafter referred to as "the tillers' day") every tenant shall,2[subject to the other proyisions of this section and the 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 sec
Section 32 of the Gujarat Tenancy and Agricultural Lands Act, 1948 (hereinafter "the Act") is a pivotal provision that deals with deemed purchase of land by tenants on the "tillers' day" (April 1, 1957). It establishes a legal mechanism whereby tenants, under certain conditions, are automatically deemed to have purchased the land they cultivate, thereby conferring ownership rights and restricting subsequent transfers without prior approval.
Section 32 stipulates that, on the "tillers' day," every tenant who fulfills specific criteria shall be deemed to have purchased the land from the landlord free from encumbrances. It also provides for subsequent transfer restrictions, including the requirement of prior sanction from the Collector for any transfer, sale, gift, exchange, mortgage, lease, or assignment of the land or interest therein. The section also delineates conditions under which such deemed purchase can be challenged or nullified.
While Section 32 itself primarily deals with deemed purchase and transfer restrictions, violations—such as transferring land without prior sanction—are penalized under the Act and related provisions. Penalties may include declaring the transfer null and void, and legal proceedings for recovery or cancellation of such transfers. Specific provisions like Sections 43 and 63 impose penalties for contravention, including fines and nullification of illegal transactions.
Section 32 of the Gujarat Tenancy and Agricultural Lands Act, 1948, is a cornerstone of land reform law, conferring deemed ownership rights to cultivators while imposing strict restrictions on alienation, especially to non-agriculturists and through testamentary dispositions. Its purpose aligns with protecting the tiller’s rights, preventing absentee landlordism, and ensuring land remains used for agriculture. Violations of these provisions are penalized, and the law is supported by constitutional protections and judicial interpretations emphasizing the importance of prior sanction and the scope of "transfer" to include testamentary dispositions under specific conditions.
Note: This commentary synthesizes case law, statutory interpretation, and legal principles from the provided sources, maintaining a focus on the core aspects of Section 32 and its implications within the land reform framework.
A tenant shall be deemed to have purchased land under section 32 --
(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.
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.
The Gujarat Tenancy and Agricultural Lands Act, 1948, was enacted to regulate the relationship between landlords and tenants in agricultural lands in Gujarat. Section 32(b) specifically addresses the circumstances under which tenants are not deemed to have purchased the lands they cultivate.
Section 32(b) stipulates that a tenant who is not a permanent tenant and cultivates the land personally will not be deemed to have purchased the land unless certain conditions are met, including the landlord's notice of termination and the landlord's application for possession.
The scope of Section 32(b) is limited to defining the conditions under which a tenant is not automatically granted ownership of the land they cultivate. It emphasizes the need for formal procedures to be followed by landlords to terminate tenancy.
While Section 32(b) does not explicitly outline punishments, failure to comply with the provisions may lead to legal disputes and the potential for the tenant to retain rights over the land.
If a tenant holds the land separately from more than one landlord, the tenant shall, subject to the rules made by the State Government in this behalf, be entitled to choose the area and the location of the land to be purchased from each of such landlords :
Provided that the area so chosen shall not, as far as may be practicable, be other than a survey number or a sub-division of a survey number.
1 [(1)] If the land held on tenancy is only a fragment, the tenant shall be deemed to have purchased such fragment under section 32 notwithstanding anything contained in the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947(Bom. LXII of 1947).
1 [(2) If the tenancy of the land is attached to. a holding or part thereof under section 29A of the Bombay Prevention of Fragmentation. and Consolidation of Holdings Act, 1947(Bom. LXII of 1947), the tenant shall notwithstanding anything to the contrary contained in that Act, be deemed, in the circumstances set out in section 32, have purchased the land held on such tenancy.]
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1. Section 32D was renumbered as sub-section (1) of that section and sub-section (2) was added by Bom. 38 of 1957, section 13.
1 [32E. Disposal of balance of lands after purchase by tenant
The balance of any land after the purchase by the tenant under section 32 shall be disposed of by sale by the Collector inthe manner specified in clause (c) of sub-section (2) of section 32P, and thereupon the provisions of sub-section (5) of section 32P shall apply to such sale.]
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1. Section 32E was substituted by Guj. 5 of 1973 section 9.
( 1) Notwithstanding anything contained in the preceding sections, --
(a) where the landlord is a minor, or a widow, or a person subject to any mental or physical disability1[ * * * * * ] 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 :
2[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 by metes and bounds and the Mamlatdar on inquiry is satisfied that the share of such person in the land is separated, having re
1 [32FF. Tenant in possession who has surrendered tenancy to be deemed to have purchased land on specified date
(1) Notwithstanding anything contained in the preceding sections, a person who is a tenant within the meaning of sub-clause (d) of clause (18) of section 2 shall be deemed to have purchased the land in his possession of which he is the tenant, free from all encumbrances subsisting thereon, on the specified date.
(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.]
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1. Section 32FF was inserted by Guj. 5 of 1973, section 10.
(1) As soon as may be after the tillers' day the Tribunal shall publish or cause to be published a public notice in the prescribed form in each village within its jurisdiction calling upon --
(a) all tenants who under section 32 are deemed to have purchased the lands,
(b) all landlords of such lands, and
(c) all other persons interested therein,
to appear before it on the date specified in the notice. The Tribunal shall issue a notice individually to each such tenant, landlord and also, as far as practicable, other persons calling upon each of them to appear before it on the date specified in the public notice.
(2) The Tribunal shall record in the prescribed manner the statement of the tenant whether he
Legal Comments
Section title and scope - Section 32(g) of Gujarat Tenancy and Agricultural Lands Act, 1948 deals with purchase of land by deemed purchasers (tenants) under certain conditions; its interaction with other transfer and purchase provisions shapes liability and rights of tenants and owners [Gohil Jesangbhai Raysangbhai VS State of Gujarat].
Essential purpose - Section 32G (and related 32(1G)) enables a tenant who qualifies as a deemed purchaser to be allotted or required to purchase the land, subject to determination of purchase price by the relevant Tribunal; this reflects the Act’s welfare objective to reform tenancy and landholding dynamics .
Relationship to transfer restrictions - The Act imposes restrictions on transfer of agricultural land and contemplates premium/valuation mechanisms (e.g., Jantri-based valuation and premiums under amendments), affecting validity and sustainability of transfers between tenants and others; constitutional validity discussions have occurred in related contexts, but Section 43 amendments and related rules interact with 32G/32G-like transfers [Gohil Jesangbhai Raysangbhai VS State of Gujarat].
Constitutional validity and amendments context - Gujarat Amendment Act 1960 and related Schedule/9th Schedule protections have informed interpretation of transfer-related provisions under Section 43 (not directly Section 32G but relevant to the transfer regime affecting deemed purchases); these decisions show the state’s policy stance toward tenants’ transfers and premium schemes [Gohil Jesangbhai Raysangbhai VS State of Gujarat].
Government circular and non-agricultural use - Courts have held that when land ceases to be agricultural or is used for non-agricultural purposes with proper permissions, some transfer restrictions under Section 43 may not apply; this is relevant in considering the broader transfer and conversion framework alongside Section 32G [AHMED ABDUL RAHIM SHAIKH VS ASSISTANT COLLECTOR], [Shankerbhai Bhikhabhai VS Laxmidas Zaverbhai].
Fraud and tenancy declarations (relevance to credibility of Section 32G proceedings) - A declaration or tenancy right established by fraud is vulnerable; courts have held that judgments obtained by fraud are nullities and cannot properly support a transfer or deemed-purchaser status; this underlines the need for clean hands in Section 32G proceedings and related appeals [Chandrasinh Khumansinh Bakrola VS Ibrahim Suleman Narot Since Decd Through Heirs].
Relevance of non-agricultural use approvals - Where land is granted non-agricultural use permissions (NA use) under other codes (e.g., Bombay Land Revenue Code) and subsequently converted, Courts have clarified that Section 43 applicability is limited; this can affect whether a transfer under 32G would be recognized where NA-use permissions govern the land’s status [AHMED ABDUL RAHIM SHAIKH VS ASSISTANT COLLECTOR].
Tribunal’s role and timelines - The Agricultural Land Tribunal (Gujarat ALT) determines purchase price under Section 32G; timely decisions and proper proceedings are essential to avoid premature or invalid transfers; judicial decisions emphasize procedural correctness in determining deemed-purchaser rights , [00000025875].
Price determination and Jantri-based issues - The valuation framework for transfer under this regime has been debated; while 32G itself focuses on purchase rights, ancillary frameworks under Section 43/Jantri influence transfer economics and legality in related transactions; courts have discussed caps and reasonableness of premiums and timelines for valuation decisions [Gohil Jesangbhai Raysangbhai VS State of Gujarat], [Shankerbhai Bhikhabhai VS Laxmidas Zaverbhai].
Fundamental policy principle - The State is regarded as the theoretical owner of land with occupants holding under statutory arrangements; Section 32G thus operates within a welfare-oriented scheme intended to secure tenant rights and orderly transfer, subject to price determination and statutory conditions [Gohil Jesangbhai Raysangbhai VS State of Gujarat].
Fraud as a hurdle to relief - When tenancy declarations or related instruments are procured by fraud, the remedy may be to challenge the instrument itself rather than enforce the transfer; such cases caution against relying on potentially fraudulent declarations to support Section 32G proceedings [Chandrasinh Khumansinh Bakrola VS Ibrahim Suleman Narot Since Decd Through Heirs].
Interplay with other sections - Section 32G interacts with Sections 32, 32(B), 32(M), 32(O) and possibly 43/69, and amendments; the overall framework governs tenancy rights, purchase, and transfers; litigants must navigate this interconnected regime carefully [Bachubhai Bababhai Chauhan vs State Of Gujarat], [Gohil Jesangbhai Raysangbhai VS State of Gujarat].
Scope of Section 32G vis-à-vis 32(G) vs 32(O) - The concept of deemed purchase under 32G must be contrasted with other subsections like 32O (if applicable) to determine precise rights and limitations in particular cases; differences can determine whether a tenancy qualifies or is statutorily barred , .
Jurisdictional variance - Gujarat-specific jurisprudence on tenancy transfers, amendments, and NA-use implications informs Section 32G outcomes, including how tribunals apply rules and how government resolutions influence determinations; decisions from Gujarat high courts shape local practice [Gohil Jesangbhai Raysangbhai VS State of Gujarat], [AHMED ABDUL RAHIM SHAIKH VS ASSISTANT COLLECTOR].
Record-keeping and proofs required - For deemed purchase under Section 32G, robust documentary proof of tenancy status on the relevant tillers’ day and compliance with statutory requirements is essential; irregularities can derail proceedings or lead to relief being refused [Bachubhai Bababhai Chauhan vs State Of Gujarat].
Remedies and appeals - In practice, appeals or revisions lie to the Gujarat Revenue Tribunal or High Court depending on the procedural posture; success hinges on maintaining clean procedural and factual records, avoiding fraudulent or improper declarations [Chandrasinh Khumansinh Bakrola VS Ibrahim Suleman Narot Since Decd Through Heirs], [Gohil Jesangbhai Raysangbhai VS State of Gujarat].
Policy implications for tenancy reform - The jurisprudential trend reflects a protective tenancy framework with emphasis on preventing expropriation-like outcomes and ensuring that tenants who qualify can convert tenancy into ownership under regulated conditions; this aligns with welfare objectives of the Act [Gohil Jesangbhai Raysangbhai VS State of Gujarat].
Practical takeaway for practitioners - When handling Section 32G matters, verify the tenancy status on the tillers’ day, ensure the absence of fraud, consider NA-use implications if land status has changed, and check for compliance with timing and price-determination requirements to avoid void or vulnerable orders , [Chandrasinh Khumansinh Bakrola VS Ibrahim Suleman Narot Since Decd Through Heirs], [AHMED ABDUL RAHIM SHAIKH VS ASSISTANT COLLECTOR].
Notable cautions from case law - Courts have rejected attempts to enforce transfers or valuations that conflict with the statutory framework or that rely on flawed declarations; legitimacy of purchase price and deemed-purchaser status rests on adherence to statutory conditions and fair proceedings [Chandrasinh Khumansinh Bakrola VS Ibrahim Suleman Narot Since Decd Through Heirs], [Gohil Jesangbhai Raysangbhai VS State of Gujarat].
Summary caveat - The Section 32G framework cannot be divorced from the broader transfer and land-use regime in Gujarat; a clean, well-documented, lawfully executed tenancy status and price determination process is essential for enforceable deemed-purchaser outcomes [Gohil Jesangbhai Raysangbhai VS State of Gujarat], [Chandrasinh Khumansinh Bakrola VS Ibrahim Suleman Narot Since Decd Through Heirs].
1 [(1) Subject to the additions and deductions as provided in sub-sections (1A) and (1B), 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, --
(a) an amount equal to six times the rent of the land;
(b) the amount of the arrears of rent, if any, lawfully due on the tiller's day or the postponed date;
(c) the amounts, if any, paid by or recovered from the landlord as land revenue and cesses referred to in clauses (a), (b), (c) and (d) of sub-section (1) of section 10A, in the event of the failure on the part of the tenant to pay the same;
Section 32(h) of the Gujarat Tenancy and Agricultural Lands Act, 1948, is part of the provisions governing the deemed purchase of land by tenants on the tillers' day, particularly addressing specific exceptions and conditions under which the deemed purchase may not be recognized. This section forms a crucial component in the framework of tenant rights, transfer restrictions, and the legislative intent to protect tenants' interests while regulating land transfers.
Section 32(h) specifies certain circumstances or conditions under which the deemed purchase of land by a tenant shall not be deemed to have taken place or shall be invalid. It generally enumerates exceptions that exclude particular cases from the operation of the deemed purchase provisions, such as cases involving illegal transfer, non-compliance with procedural requirements, or specific categories of land or tenants.
(Note: The exact wording of Section 32(h) is not provided in the sources, but based on the context and related provisions, it typically lists grounds for exclusion or invalidation of deemed purchase.)
Note: The specific wording of Section 32(h) is not provided in the sources, but the analysis is based on the contextual understanding of related provisions and judicial interpretations.
(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 provided in clause (ii) of sub-section (1) of section 32H.
(3) Out of the purchase price payable by such sub-tenant the amount equal to six times the rent shall, in lump sum, be payable to the owner and the balance shall be paid to the permanent tenant.
(4) The provisions of sections 32 to 32H (both inclusive) and sections 32J to 32R (both inclusive), in so far as they may be applicable, shall apply to the purchase of the land by such sub-tenant and the payment to be made, to and on behalf, of the
Appeal to State Government against decision of Tribunal [Deleted by Guj.36 of 1965, section 2].
( 1) On the determination of the purchase price1[payable under section 32H], the tenant, --
(i) if he is a permanent tenant, shall deposit with the Tribunal the entire amount of the purchase price within one year from such date as may be fixed by the Tribunal :
Provided that if the Tribunal is satisfied that such tenant has failed to make the payment within the time specified for any reason beyond his control, the Tribunal may extend the period by a period not exceeding one year;
(ii) if he is not a permanent tenet, shall deposit with the Tribunal the entire amount of the price --
(a) either in lump sum within one year from such date, or
(b) in such annual instalments not exceeding twelve with simple inte
(1) If a permanent tenant or on his behalf, a sub-tenant fails to deposit the amount of the purchase price as required under section 32K such amount shall be recoverable as an arrear of land revenue.
(2) If a tenant or sub-tenant of a permanent tenant fails to make payment of any instalment in accordance with the provisions of the foregoing sections and the default in payment of which does not render the purchase ineffective under section 32M, the amount of such instalment shall also be recoverable as an arrear of land revenue.
(3) The amount recovered under sub-section (1) or (2) shall be deposited with the Tribunal.
The Gujarat Tenancy and Agricultural Lands Act, 1948, was enacted to regulate the relationship between landlords and tenants in agricultural lands in Gujarat. Section 32(1) specifically addresses the rights of permanent tenants regarding the purchase of land and the consequences of failing to comply with the payment obligations.
Section 32(1) stipulates that if a permanent tenant or a sub-tenant fails to deposit the purchase price of the land, the amount owed can be recovered as an arrear of land revenue. This provision ensures that landlords have a legal mechanism to recover dues from tenants who do not fulfill their financial obligations.
The scope of Section 32(1) is limited to the financial obligations of tenants regarding the purchase price of agricultural land. It does not extend to other aspects of tenancy rights or landlord-tenant relationships outside the context of purchase price recovery.
While Section 32(1) does not prescribe criminal penalties, it allows for the recovery of dues through administrative means, treating the unpaid purchase price as an arrear of land revenue, which can lead to further legal actions against the tenant.
(1) On the deposit of the price in lump sum or of the last instalment of such price, the Tribunal shall issue a certificate of purchase in the prescribed form, to the tenant in respect of the land. Such certificate shall be conclusive evidence of purchase. If a tenant fails to pay lump sum within the period fixed under clause (ii) of sub-section (1) of section 32K, or is at any time in arreas of four instalments the purchase shall be ineffective and the land shall be at the disposal of the Collector under section 32P and any amount deposited by such tenant towards the price of the land shall be refunded to him.
1[(2) In the case of the purchase of any land by a tenant, winch before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965 has become ineffective by reason of the failure of the tenant to pay the lump sum within the period
(1) Where any purchase of land becomes ineffective, the landlord shall be entitled to recover from the tenant the rent of the land, as if the land had not been purchased. The amount of rent so recoverable shall be deducted from the amount, if any, to be refunded to the tenant:
1[Provided that --
(a) where the amount of rent exceeds the amount, if any, to be refunded to the tenant, the tenant shall, within three months from the date on which the purchase becomes ineffective, pay to the landlord the amount of rent so in excess, and
(b) where the tenant fails to pay the amount in accordance with clause (a), it shall be recovered from him as an arrear of land revenue and paid to the landlord.]
(2) If within three months from the date on which the purcha
( 1) In respect of any tenancy created after the tillers' day, notwithstanding any agreement or usage to the contrary, a tenant cultivating personally1[shall be deemed to have purchased on the date of expiry of one year] from the commencement of such tenancy2[* *] from the landlord the land held by him or such part thereof as will raise the holding of the tenant to the ceiling area.
3[* * * * *]
(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).
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1. These words were substituted for the words "shall be entitled within one year" by Guj. 16 of 1960.
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32P. Power of Collector to resume and dispose of land not purchased by tenants1[and appeal against Collector's order]
(1) Where the purchase of any land by tenant under section 32 becomes ineffective2[under the foregoing provisions of this sub-chapter]3[or where the tenant fails to exercise the right to purchase and under section 43-1D within the period specified in that section]4[* * * *] 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).
(2)5[Such direction shall, subject to the6[provisions of sub-sections (2AA) and (2A)], provide] --
(a) that the tenancy in respect of the land shall be terminated and the tenant be summarily evicted :
&
The Gujarat Tenancy and Agricultural Lands Act, 1948, was enacted to regulate the rights and responsibilities of tenants and landlords in agricultural lands in Gujarat. Section 32(p) specifically addresses the powers of the Collector regarding land that has not been purchased by tenants.
Section 32(p) empowers the Collector to resume and dispose of agricultural land that has not been purchased by the tenant. This provision is crucial for ensuring that land remains productive and is not left idle.
The scope of Section 32(p) is primarily focused on the administrative powers of the Collector in managing agricultural lands that have not been acquired by tenants. It aims to prevent land from being left fallow and to facilitate its productive use.
While the specific punitive measures for non-compliance with Section 32(p) are not detailed in the provided sources, the overarching framework of the Gujarat Tenancy and Agricultural Lands Act includes provisions for penalties related to violations of tenancy rights and responsibilities.
1 [32PP. Further opportunity to tenant to purchase land
(1) Notwithstanding anything contained in sections 32G and 32P, where before the date of the coming into force of the Bombay 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,
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1[32PPP. Further opportunity to purchase land to tenants whose purchase became ineffective agter 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 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 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
2[(ii) the land so at the disposal of the Collector has not been disposed of in the manner provided in sub-section (2) of sec
(1) During an inquiry held under section 32G the Tribunal shall determine any encumbrances lawfully subsisting on the land on the tillers' day.
(2) (a) If the total amount of the encumbrances is less than the purchase price so determined, --
(i) where the purchase price is paid in lump sum it shall be deducted from the purchase price and the balance paid to the landlord;
(ii) where the purchase price is made payable in instalments, the Tribunal shall deduct such amount from such instalments towards the payment of the encumbrances :
Provided that where under any agreement, award, the decree or order of a court or any law, the amount of the encumbrances is recoverable in instalments, the Tribunal shall deduct such amount as it deems reasonable from th
1 [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 end of December 1986 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-sections (3) and (4) of section 32M, has failed to deposit with the Tribunal such amount before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Second Amendment) Ordinance, 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 of twelve months fr
If at any time after the purchase of the land under 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.]
For the purposes of sections 32T and 32U --
(i) 'certified landlord' means a person who holds a certificate issued to him under sub-section (4) of section 88C;1[but does not include a landlord within the meaning of Chapter III-AA holding a similar certificate]; and
(ii) 'excluded tenant' means a tenant of land to which the provisions of sections 32 to 32R (both inclusive) do not apply by virtue of sub-section (1) of section 88C.
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1. These words, figures and letters were inserted by Guj. 24 of 1965, section 6.
(1) Notwithstanding anything contained in sections 31 to 31B (both inclusive) but subject to the provisions of this section a certified landlord may, after giving notice and making an application for possession as provided in sub-section (3), terminate the tenancy of any land leased by him to an excluded tenant, if he bona fide requires such land for cultivating it personally.
(2) (a) The notice may be given and an application may be made by a certified landlord under sub-section (3), notwithstanding that in respect of the same tenancy any application made by him in accordance with sub-section (2) of section 31 --
(i) is pending before the Mamlatdar or in appeal before the Collector or in revision before the Gujarat Revenue Tribunal on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960
(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 held 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
(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 speci
33 . Right of1* * * tenants to exchange land
(1) Notwithstanding anything contained in this Act or any other law or any agreement or usage, the1* * tenants holding lands2* * * as such1* * * tenants may agree and may make an application to the Mamlatdar in the prescribed form for the exchange of their tenancies in respect of the lands held by them as1* * * tenants.
(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 certificates in the prescribed form to the applicants.
(3) The certificates so issued shall be conclusive of the fact of such exchange against the landlords and all persons interested in the lands exchanged.
[Maximum land that can be held by a person.] Deleted by Guj. 27 of 1961, section 54, Schedule 111, Item 1.
1 [34A. Holders of land to furnish particulars of land to Mamlatdar
Every person holding land in the charge of more than one Village Accountant whether as owner or tenant or partly as owner and partly as tenant the 31st day of March 1957, shall within the prescribed period furnish in the prescribed manner true particulars of all the land so held by him to each of the Mamlatdars within whose jurisdiction any piece of such land is situate.]
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1. This section was inserted by Bom. 38 of 1957, section 19.
[Provision of section 34 to land, coming into possession of person on gift, etc.] Deleted by Guj. 27 of 1961, section 54, Schedule 111, Item 2.
If, as a result of any redistribution or transfer of land under the provisions of this Act, any area in excess of the economic holding or ceiling area, winch a person is entitled to hold under this Act is left over as a fragment, the Collector may,1[ * * * * * *]; permit such fragment to remain with either to the holders of the land, having regard to the efficient use thereof for agricultural purposes.
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1. The words and figures "notwithstanding the restrictions imposed under section 34 and 35" were deleted by Guj. 27 of 1961, section 54, Schedule III, Item 3.
(1) If after the landlord takes possession of the land after the termination of the tenancy 1 [under section 31] 2 [or 32T] he fails to use it for any of the purposes specified in the notice given under 3 [section 31] 2 [or 32T] within one year from the date on which he took possession or ceases to use it at any time for any of the aforesaid purposes within twelve years from the date on which he took such possession, the landlord shall forthwith restore possession of the land to the tenant whose tenancy was terminated by him, unless he has obtained from the tenant his refusal in writing to accept the tenancy on the same terms and conditions or has offered in writing to give possession of the land to the tenant on the same terms and conditions and the tenant has failed to accept the offer within three months of the receipt thereof.
4 [(1A) Notwithstanding anything contained in sub-s
[Circumstance in which landlord shall be deemed to cultivate personally .]Deleted by Bom. 13 of 1956, section 26.
If at any time the tenant makes an application to the Mamlatdar and satisfies him that the landlord has failed to comply within a reasonable time with the provisions of section 37, the tenant shall be entitled on a direction by the Mamlatdar to obtain immediate possession of the land and to such compensation as may be awarded by the Mamlatdar, for any loss caused to the tenant by eviction and by failure on the part of the landlord to restore or give possession of the land to him as required by section 37
1[ 40. Continuance of tenancy on death of tenant
( 1) Where a tenant (other than a permanent tenant) dies, the landlord shall be deemed to have continued the tenancy on the same terms and conditions on which such tenant was holding it at the time of his death, to such heir or heirs of the deceased tenant as may be willing to continue the tenancy.
( 2) Where the tenancy is inherited by heirs other than the widow of the deceased tenant, such widow shall have a charge for maintenance on the profits of such land.]
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1 . This section was substituted for the original by Bom. 13 of 1956 , section 27 .
(1) A 1 [ * * * ] tenant who has made an improvement on the land held by him shall if his tenancy is terminated under the provisions of this Act, be entitled to compensation for such improvement. For determining the amount of the compensation the tenant shall apply to the Mamlatdar in the prescribed form.
(2) The compensation to which a tenant shall be entitled under sub-section (1) shall be the estimated value of. such improvement at the time of the termination of his tenancy. In estimating such value regard shall be paid to --
(a) the amount by which the value of the land is increased by the improvement;
(b) the present condition of the improvement and the probable duration of its effects;
(c) the labour and capital provided or spent by the tenant
A 1 [ * * * ] tenant shall be entitled to erect a farm-house on the land held by him as a 1 [ * * * ] tenant.
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1. The word "protected" was deleted, Bom. 13 of 1956, section 28.
1[43. Restriction on tranfers of land purchased or sold under this Act.
2[(1) No land or any interest therein purchased by a tenant under section 17B, 32, 32F, 32-I, 32-O, 3 [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.]
4[(1A) The sanction under sub-section (1) shall be given by the Collector in such circumstances and subject to such conditions, as may be prescribed, by the State Government.]
In this Chapter, unless the context requires otherwise, 'landlord' a landlord (including a certified landlord within the meaning of section 32S) who is, or has ceased to be, a serving member of the armed forces; and in relation to the land of a landlord who is dead, includes his widow, son, son's son, unmarried daughter, father or mother.
(1) Notwithstanding anything contained in the foregoing provisions of this Act, but subject to the provisions of this section, it shall be lawful to a landlord at any time after the commencement of the Gujarat Tenancy Law(Defense Personnel) (Amendment) Act, 1965(Guj. 24 of 1965), to terminate the tenancy of any land and obtain possession thereof, but --
(a) of so much of such land as will be sufficient to make up the total land in his actual possession equal to the ceiling area; and
(b) where the landlord is a member of a joint family, only to the extent of his share in the land (not exceeding the ceiling area) held by the joint family, provided that the Collector on inquiry is satisfied that such share has (regard being had to the area, assessment, classification and value of land) been separated by metes and bounds in the same proporti
All proceedings for recovery or restoration of possession of land filed under section 31 or 32T by a landlord pending immediately before the commencement of the Gujarat Tenancy law (Defense Personnel (Amendment) Act, 1965(Guj. 24 of 1965), before a Mamlatdar shall (subject to any rules made as respects such transfer or any matter incidental thereto) on such commencement, stand transferred to the Collector, and all such proceedings pending in appeal before the Collector or in revision before the Gujarat Revenue Tribunal shall likewise stand transferred to the State Government; and such proceedings shall be deemed to have been instituted for restoration of the land before the Collector under section 43-1B, or as the case may be, pending in revision before the State Government under section 73-A and be disposed of accordingly.
(1) Notwithstanding anything contained in the foregoing provisions of this Act, or any law, agreement, custom or usage, to the contrary, but subject to the provisions of this section a tenant holding land from a landlord shall, subject to the provisions of section 32A, be entitled to purchase from the landlord --
(a) where the landlord fails to make an application as required by section 43-1B, the land so held by him, and
(b) in any other case, such part of the land held by the tenant as is left with him after the termination of tenancy under section 43-1B.
(2) The right to purchase land under sub-section (1) shall be exercised within one year from the date on which possession of the land is obtained by the landlord in pursuance of the provisions of section 43-1B; or as the case may be, from t
Nothing in this Chanter shall apply in relation to land which before the commencement of the Gujarat Tenancy Law (Defense Personnel) (Amendment) Act, 1965 (Guj. 24 of 1965), is purchased by any tenant under the provisions of Chapter III].
(1) The provisions of sections 4B, 8, 9, 9A, 9B, 9C, 10, 10A, 14, 16, 17, 17A, 17B, 18, 27, 31 to 31D (both inclusive), 32 to 32R (both inclusive), 1 [ * * * ] 43, 63, 63A, 64 and 65 shall not apply to --
(a) 2 [land leased to or held by] any industrial or commercial undertaking (other than a Co-operative Society) which in the opinion of the State Government bona fide carries or any industrial or commercial operations and which is approved by the State Government.
(b) leases of land granted to any bodies or persons other than those mentioned in clause (a) for the cultivation of sugarcane or the growing of fruits or flowers or for the breeding of livestock;
(c) to lands held or leased by such co-operative societies as are approved in the prescribed manner by the State Government which have for
Notwithstanding any agreement, usage, decree or order of a court or any other authority, in the case of any land to which section 43A applies, the rent payable shall be reasonable rent as determined under the following clauses : --
( 1) A landlord or a tenant of such land may make an application in writing to the Mamlatdar for the determination of the reasonable rent in respect of such land,
( 2) On receipt of such application, the Mamlatdar shall give notice thereof to the other party to the lease and. after holding an inquiry shall determine the reasonable rent.
( 3) In determining the reasonable rent regard shall be had to the following factors : --
(a) profits of agriculture of similar lands in the locality,
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The Gujarat Tenancy and Agricultural Lands Act, 1948, was enacted to regulate tenancy rights and agricultural land use in the state of Gujarat. Section 43(b) specifically addresses the restrictions on the transfer of agricultural land, ensuring that such transfers are subject to certain conditions and approvals.
Section 43(b) imposes restrictions on the transfer of land purchased or sold under the Act. It mandates that any transfer of agricultural land requires prior sanction from the Collector, and the transfer is not an inherent right of the tenant.
The scope of Section 43(b) extends to all agricultural lands governed by the Act. It aims to prevent the conversion of agricultural land to non-agricultural purposes without proper oversight and to ensure that land remains in agricultural use.
While the specific punitive measures for violations of Section 43(b) are not detailed in the provided sources, the Act generally aims to deter unauthorized transfers through the requirement of sanctions and the imposition of premiums.
This commentary provides an overview of Section 43(b) of the Gujarat Tenancy and Agricultural Lands Act, 1948, highlighting its significance in regulating agricultural land transfers in Gujarat.
Nothing in sections 32 to 32R (both inclusive) and 43 shall apply to lands in the 1 [areas which on the date of the corning into force of the Amending Act, 1955 are within the limits of] : --
2 [* * * *]
(b) a municipal corporation constituted under Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949),
3 [* * * *]
* * * *]
(e) a cantonment, or
(f) any area included in a Town Planning Scheme under the Bombay Town Planning Act, 1954 :
Provided that if any person has acquired any right as a tenant under this Act on or after the 28th December, 1948, the said right shall not be deemed to have been affec
Section 43(c) of the Gujarat Tenancy and Agricultural Lands Act, 1948, pertains to restrictions on the transfer of agricultural land, specifically emphasizing the requirement of prior sanction from the Collector for such transfers. This section aims to regulate the transfer of land to prevent unauthorized or non-agricultural use, thereby protecting agricultural land from unregulated alienation.
Section 43(c) stipulates that no transfer of land purchased or sold under the Act shall be valid without the prior approval or sanction of the Collector. The section emphasizes that such transfers are subject to conditions and restrictions laid down by the law, including payment of prescribed premiums and adherence to procedural requirements.
While the specific section 43(c) itself primarily deals with restrictions, violations typically attract penalties such as:- Invalidity of Transfer: The transfer may be declared null and void.- Penalties: Under the Act, penalties may include fines or other punitive measures for contravention of the provisions.- Legal Action: The land may be subject to recovery or cancellation proceedings initiated by authorities.
Note: The analysis is based on the provided sources, emphasizing the constitutional protection, procedural requirements, and legal implications of Section 43(c).
(1) In the areas 1 [to which section 43C applies] notwithstanding anything contained in sections 31 to 31D (both inclusive) a landlord may terminate the tenancy of a tenant (other than a permanent) in respect of any land with effect from the 31st day of May of any year by giving the tenant three months" notice in writing, if the landlord bona fide requires the land for any non-agricultural purpose :
Provided that the three months' period of such notice shall expire before the 31st day of May of such year.
(2) The provisions of sections 29, 37 and 39 shall mutatis mutandis apply to the termination of the tenancy of a tenant in respect of any land under subsection (1).
2 [(3)* * * * *].]
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Notwithstanding any law for the time being in force, usage or custom or the terms of contract or grant, when the 1 [State] Government is satisfied that on account of the neglect of a landholder or disputes between him and his tenants the cultivation of his estate has seriously suffered, or when it appears to the 1 [State] Government that it is necessary 2 [for the said purpose or for the purpose of] ensuring the full and efficient use of land for agriculture to assume management of any land holder's estate, a notification announcing such intention shall be published in the Official Gazette, and the Collector shall cause notice of the substance of such notification to be given at convenient places in the locality where the estate is situated. Such notification shall be conclusive,
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1. This word was substituted for the
The Gujarat Tenancy and Agricultural Lands Act, 1948, was enacted to regulate the relationship between landlords and tenants in agricultural lands in Gujarat. Section 44 specifically addresses the power of the state to assume management of a landholder's estate under certain circumstances.
Section 44 empowers the state government to assume management of a landholder's estate, overriding any existing laws, customs, or terms of tenancy agreements. This provision is aimed at ensuring effective management of agricultural lands, particularly in situations where the landholder is unable to manage their estate.
The scope of Section 44 is broad, allowing the state to intervene in the management of agricultural estates to ensure that land is utilized effectively and to protect the interests of tenants. It is particularly relevant in cases where landholders are neglecting their responsibilities.
While Section 44 itself does not prescribe specific penalties, the assumption of management can lead to consequences for landholders who fail to comply with the terms set by the state. Further provisions in the Act may outline penalties for non-compliance with management directives.
1 [(1)] On the publication of the notification under section 44, the estate in respect of which the notification has been published shall, so long as the management continues, vest in the 2 [State] Government. Such management shall be deemed to commence from the date on which the notification is published and the 2 [State] Government shall appoint a Manager to be in charge of such estate.
3 [(2) Notwithstanding the vesting of the estate in the State Government under sub-section (1), the tenant holding the lands on lease comprised in the estate shall, save as otherwise provided in this Chapter, continue to have the same right and shall be subject to the same obligations, as they have or are subject under the preceding Chapters in respect of the lands held by them on lease.]
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On the publication of the notification under section 44, the following consequences shall ensue : --
(1) all proceedings then pending in any Civil Court in respect to the debts and liabilities enforceable against the estate shall be stayed; and the operation of all processes, executions and attachments then in force for or in respect of such debts and liabilities shall be suspended;
(2) so long as the management continues no fresh proceedings, processes, executions or attachments shall be instituted in or issued, enforced or executed by any Civil Court in respect of such debts and liabilities;
(3) so long as the management continues the holder of the estate shall be incompetent --
(a) to enter into any contract involving the estate in pecuniary liab
(1) The Manager shall during the management of the estate have all the powers which the holder thereof might as such have exercised and shall] receive and recover all rents and profits due in respect of the property under management.
(2) For the purposes of recovering such rents and profits the Manager shall have, in addition to any powers possessed by the holder, all the powers possessed by the Collector under the law for the time being in force for securing and recovering land revenue due to Government.
(1) From the sums received or recovered under section47, the Manager, shallpay --
(i) thecosts of management including the costs of necessary repairs;
(ii)the Government revenue and all debts and liabilities for the time being, due orincurred to the 1 [Government] in respect of the property under management;
(iii) therent, if any, due to any superior holder in respect of the said estate;
(iv)such periodical allowance as the Collector may from time to time fix for themaintenance and otherexpenses of the holder and of such members of his family as the Collector directs;
(v)the costs of such improvements of the said estate as he thinks necessary and asapproved by the Collector.
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(1) Every such claimant shall, alongwith his claim, present full particulars thereof.
(2) Every document, on which the claimant findshis claim, or on which he relies insupport thereof, shallbe delivered to the Manager alongwith the claim.
(3) If the document be an entry, in any book, theclaimant shallproduce the book to the Manager, together with copy of the entry on which herelies,TheManager shallmark the book for the purpose of identification, and, after examining andcomparing the copy with the original shall return the book to the claimant.
(4) If any document In possession or under the controlof the claimant is not delivered or produced by him to the Manager alongwith the claim, the Managermay refuse to receive such document in evidence on the claimant's behalf at theinvestigation of the c
Every such claim other than the claim of the1[Government] not informed to the Manager within the time and in the manner required by such notice shall, except as provided hereinafter, be deemed for all purposes and on all occasions, whether during the continuance of the management or after-wards, to have been duly discharged :
Provided that when proof is made to the Manager that the claimant was unable to comply with the provisions of section 49, the Manager may receive such claim within the further period of two months from the expiration of the original period of two months.
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1. This word was substituted for the "Crown" by the Adaptation of Lows Orders, 1950.
The Manager shall inquire into the history and merits of every claim received under preceding sections, and shall in accordance with the rules to be made under this Act determine the amount of the debts and liabilities, if any, justly due to the several claimants.
If such amount cannot be paid at once, the Manager shall then proceed to rank such debts and liabilities according to the order in which they shall be paid, and to fix the interest, if any, to be paid thereon, respectively from the date of the final decision thereon, to the date of the payment and discharge thereof.
When the total amount of the debts and liabilities including those due and incurred to the1[Government] has been finally determined, the Manager shall prepare and submit to the Collector a schedule of such debts and liabilities, and a scheme (hereinafter called the liquidation scheme) showing the mode in which it is proposed to pay and discharge the, same, whether from the income of the property under management, or with the aid of funds raised under the powers hereinafter conferred, or partly in one of such ways and partly in the other.
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1 . This word was sub stituted for the word "Crown" by the Adaptation of Laws Ord er 1950 .
Every liquidation scheme shall further provide for the continuance of the payments to be made by the Manager and for the repayment of money, if any, which the Manager proposes to borrow from Government under this Act and may provide for the improvement of the estate under management either from the said income or with the aid of the funds raised as aforesaid or partly in one of such ways and partly in the other.
When the Collector sanctions the liquidation scheme, he shall notify the] fact of such sanction at such place and in such manner as the 1 [State] Government may from time to time by rule direct; and thereupon --
(i) all proceedings, processes, executions and attachments stayed or suspended under section 46 shall be for ever barred;
(ii) every debt or liability due or owing to any person which was provable before the Manager shall be extinguished, and such person shall be entitled to receive under the liquidation scheme the amount, if any, finally awarded to him under the preceding sections in respect of such debt or liability.
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1. This word was substituted for the word "Provincial", the Adaptation of Laws Order 1950.
(1) If the estate under management or any part thereof be in the possession of a mortagee, or a conditional vendee, the manager, at any time after the liquidation scheme has been sanctioned as aforesaid, may by an order in writin reuire such incumbrancer to deliver up possession of the same to him at the end of the then current revenue year.
(2) If such incumbrancer refuses or neglects to obey such order, the Manager may without resorting to a Civil Court enter upon the property and summarily evict therefrom the said incumbrancer or any other person obstructing or resist on his behalf.
(3) Nothing in this section shall be held to affect the right of any incumbrancer to receive under the liquidation scheme the amount, if any, awarded to him under this Act.
Subject to the rules made under this Act, the Manager after the liquidation scheme has been sanctioned as aforesaid, shall have power to sell or grant on lease all or any part of the estate under the management:
Provided that the estate or any par thereof shall not be sold or leased for a period exceeding ten years without the previous permission of the Collector :
Provided further that the Collector shall not give such permission unless he is satisfied that such sale or lease is necessary for the benefit of the estate1[or unless such sale is in favour of2[a tenant under section 32, 32F, 32-I or 32-O]] The decision of the Collector shall be final.
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1 . These words and figures were inserted by Bom. 33 of 1952 , section 13 .
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The Manager's receipt for any moneys, rents or profits raised or received by him under this Act shall discharge the person paying the same therefrom or from being concerned to see to the application thereof.
(1) If the holder of the estate dies after the publication of the order of management, the management shall continue and proceed in all respects as if the holder were still living.
(2) Any person succeeding to the whole or any part of the estate under management shall, while such management continues, be subject in respect of such estate to the disabilities imposed under this Act.
(3) No Civil Court shall, during the continuance of the management, issue any attachment or other process against any portion of the estate under management for or in respect of any debt or liability incurred by any such person either before or after his said succession.
The1 [State] Government, when it is of opinion that itis not necessary to continue the management of the estate, bysubstitutedfor the word "Provincial" by the Adaptation of Laws
11[( 4 ) Nothing in section 63A shall apply to any sale made under subsection ( 1).]
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1 . This word was added by Guj. 30 of 1977 , section 5 ( 1 )(i).
2 . This clause was inserted, Guj. 30 , section 5( 1 )(ii).
3 . These words were inserted by B om. 13 of 1956 , section 32 ( 1 ).
4 . This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
5 . These words wore inserted by Guj. 30 of
1 [63A. Reasonable price of land for 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 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 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
(1) Nothing in section 63 shall prohibit the sale or the agreement for the sale of land for which no permission is required under sub-section (1) of section 65B of the Bombay Land Revenue Code, 1879(Bom. V of 1879) in favour of any person for use of such land by such person for a bonafide industrial purpose :
Provided that--
(a) the land is not situated within the urban agglomeration as defined in clause (n) of section 2 of the Urban Land (Ceiling and Regulation) Act, 1976(33 of 1976),
(b) where the area of the land proposed to be sold exceeds ten hectares, the person to whom the land is proposed to be sold in pursuance of this sub-section shall obtain previous permission of the Industries Commissioner, Gujarat State or such other officer, as the State Government may, by an order in writing, a
Section 63(a)(a) of the Gujarat Tenancy and Agricultural Lands Act, 1948, is a crucial provision regulating the transfer of agricultural land, particularly focusing on restrictions imposed on transfers to non-agriculturists. It aims to preserve the agricultural character of land holdings and prevent alienation to non-agricultural persons, thereby maintaining the rural economy and land-use integrity.
Section 63(a)(a) prohibits the transfer of agricultural land through sale, gift, exchange, mortgage, lease, or partition to non-agriculturists. It explicitly restricts such transfers unless permitted under specific exceptions provided in the Act. The section also stipulates penalties for contravention, including penalties up to three times the prevailing Jantri value of the land.
Note: The references are based on the provided sources, primarily emphasizing the restrictions, penalties, and enforcement mechanisms related to Section 63(a)(a).
1[ 64. Sale of agricultural land to particular person
( 1) Where a landlord intends to sell any land, he shall apply to the 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 installments not exceeding six carrying simple interest at 4 1/ 2 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 an offer, --
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1[ 64. Sale of agricultural land to particular person
( 1) Where a landlord intends to sell any land, he shall apply to the 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 installments not exceeding six carrying simple interest at 4 1/ 2 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 an offer, --
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( 1 ) If it appears to the1[State] Government that for any two consecutive years, any land has remained uncultivated2[or the full and efficient use of the land has not been made for the purpose of agriculture, through the default of the holder or any other cause whatsoever not beyond hi s control] the1[State] Government may, after making such inquiry as it thinks fit, declare that the management of such land sh all be assumed. The declaration so made sh all be conclusive.
3[( 1 A) The assumption of management of land under sub -section ( 1 ) on the ground that the full and efficient use of the land has not been made for the purpose of agriculture sh all be for such period as the State Government may, from time to time fix, so, however, that such period sh all not exceed ten years in the aggregate.]
( 2 ) Oo the assumption of the manageme
1 [65A. Power of State Government to declare that mere raising of grass shall not be deemed full and efficient use for agriculture
For the purpose of this Act, in respect of any land which is used the holder for raising grass or which abounds in natural growth of grass but which, in the opinion of the State Government, is suitable for growing food-crops, the State Government may, having regard to the extent of the land held by Such holder and after determining the requirements of grass for his cattle, declare by notification in the Official Gazette that the mere raising of grass therein or allowing its natural growth thereon, or in or on any part of such land shall not be deemed to be the full and efficient use of such land for agriculture.]
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1. Section 65A was inserted b
(1) If at any time it appears to the 1 [State] Government that any estate or land, the management of which has been assumed under the provisions of this Act or the interest of any other person in such estate or land should in the public interest, be compulsorily acquired, it shall be lawful for the 1 [State] Government to publish a notification to that effect in the Official Gazette. The notification so published shall be conclusive that the estate, land or interest is needed to be acquired in public interest.
(2) On the publication of the notification, the Collector shall cause publicity to be given to it at convenient places in the locality and also give notices to the holder of the estate, land or interest and to all persons known or believed to be interested therein.
(3) The Collector shall then make an inquiry in the prescribed man
(1) If any person (hereinafter called the applicant) desires to construct a water course to take water for the purpose of agriculture from a source of water to which he is entitled, but such water course is to be constructed through any land which belongs to, or is in possession of, another person (hereinafter called the neighbouring holder), and if no private agreement is arrived at for such construction between the applicant and the neighbouring holder, the person desiring to construct the water course may make an application in the prescribed form to the Mamlatdar.
Explanation. -- For the purposes of this Chapter the neighbouring holder shall include the person to whom the land belongs and all persons holding through or under him.
(2) On receipt of the application, if the Mamlatdar, after making an inquiry and after giving to the neig
If the applicant in whose favour an order under sub-section (2) of section 66A was made --
(a) fails to pay the amount of compensation or the amount of the rent, it shall be recovered as an arrear of land revenue on an application being made, to the Mamlatdar by the person entitled thereto;
(b) fails to maintain the water course in a fit state of repairs, he shall be liable to pay such compensation as may be determined by the Mamlatdar for any damage caused on account of such failure.
(1) If a person intends to remove or discontinue the water course constructed under the authority conferred on him under section 66A, he may do so after giving notice to the Mamlatdar and the neighbouring holder.
(2) In the event of removal or discontinuance of such water, course, the person taking the water shall fill in and reinstate the land at his own cost with the least practicable delay. If he fails to do so, the neighbouring holder may apply to the Mamlatdar who shall require such person to fill in and reinstate the land.
The neighbouring holder or any person on his behalf shall have the right to the use of any surplus water from the water course on payment of Such rates as may be agreed upon between the parties, and on failure of agreement, as may be determined by the Mamlatdar. If a dispute arises whether there is or is no surplus water in the water course, it shall be determined by the Mamlatdar, and his decision shall be final.]
1[67. Tribunal
(1 ) For the purposes of this Act, there shall be a Tribunal called the Agricultural Lands Tribunal for each taluka or mahal or for such area as the State Government may think fit.
(2) The State Government may appoint an officer not below the rank of a Mamlatdar to be the Tribunal and to exercise the powers and perform the duties and functions of the Tribunal under this Act in a taluka or mahal or any other area referred to in sub-section (1) :
Provided that the State Government may for any area constitute a Tribunal consisting of not less than three members of whom --
(a) at least one shall be a person who is holding or has held a Judicial office not lower in rank than that of a civil judge under the Bombay Civil Courts Act, 1869 (Bo
It shall be the duty of the Tribunal, --
(a) to determine the value of the site of a dwelling house under section 17;
1 [(b) to determine the purchase price of land under section 32G, 63A or 64;
(c) to decide any dispute under sections 32 to 32R (both inclusive);]
(d) to perform such other functions is carrying out the provisions of this Act, as may be prescribed or as may be directed by the 2 [State] Government.
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1. These clauses were substituted for the original by Bom. 13 of 1953, section 33.
2. This word was substituted for the word "Provincial'' by the Adaptation of Laws Order, 1950.
(1) The Tribunal shall have the same powers in making inquiries under this Act as are vested in Courts in respect of the following matters under the Code of Civil Procedure, 1908 (V of 1908), in trying a suit, namely : --
(a) proof of facts by affidavits;
(b) summoning and enforcing the attendance of any person and examining him on oath; and
(c) compelling the production of documents.
(2) The Tribunal shall have also such other powers as may be prescribed. The Tribunal shall have powers to award costs.
(3) The orders of the Tribunal shall be given effect to in the manner provided in section 73.
For the purposes of this Act the following shall be the duties and functions to be performed by the Mamlatdar --
(a) to decide whether a person is an agriculturist;
(b) to decide whether a person 1 [is or was a tenant] or a protected tenant 2 [or a permanent tenant];
3 [(c) to determine the rates of rent under section 9;
(d) to decide dispute regarding class of land under section 9A;
(f) to determine the amount of compensation under section 10 for the contravention of sections 4 [8, 9, 9A and 9C];
5 [* * * * * * ]
(h) to determine the amount to be refunded to a tenant under section 13(5);
Save as expressly provided by or under this Act, all inquiries and other proceedings before the Mamlatdar or Tribunal shall be commenced by an application which shall contain the following particulars: --
(a) the name, age, profession and place of residence of the applicant and the opponents;
(b) a short description and situation of the property of which possession is sought, or the amount of the claim, as the case may be;
(c) the circumstances out of which the cause of action arose;
(d) a list of the applicant's documents, if any, and of his witnesses, and whether such witnesses are to be summoned to attend or whether the applicant will produce them on the day of the hearing;
(e) such other particulars a
In all inquiries and proceedings commenced on the presentation of applications under section 71 the Mamlatdar or the Tribunal shall exercise the same powers as the Mamlatdar's Court under the Mamlatdars' Courts Act, 1906 (Bom. 11 of 1906) and shall1[save as provided in section 29] follow the provisions of the said Act, as if the Mamlatdar or the Tribunal were a Mamlatdar's Court under the said Act and the application presented was a plaint presented under section 7 of the said Act. In regard to matters which are not provided for in the said Act, the Mamlatdar or the Tribunal shall follow the procedure as may be prescribed by the2[State] Government. Every decision of the Mamlatdar or the Tribunal shall be recorded in the form of an order which shall state reasons for such decision.
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1. These words and figures were in
Where in any taluka or mahal in addition to the Mamlatdar appointed under section 12 of the Bombay Land Revenue Code, 1879 (Bom. V of 1879), or as the case may be, in addition to the Mahalkari appointed under section 13 of the said Code one or more officers are appointed by the State Government to perform the duties of a Mamlatdar under this Act in such taluka or mahal, each such officer shall dispose of such inquiries or proceedings commenced under section 71 as the Mamlatdar or as the case may be, the Mahalkari, subject to the control of the Collector, may by general or appeal order, refer to him.]
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1. Section 72AA was inserted by Bom. 63 of 1958, section 9.
1[72A. Power of Collector to transfer proceedings
The Collector may, after due notice to the parties, by order in writing transfer any proceeding under this Act pending before a Mamlatdar in his district from such Mamlatdar to any other Mamlatdar in his district and the Mamlatdar to whom the proceeding is so transferred shall thereupon exercise jurisdiction under this Act in such proceeding :
Provided that any order issued to village officers under sub-section (2) of section 73 shall be issued by the Mamlatdar to whom such village officers are subordinate.]
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1. This section was inserted by Bom. 12 of 1951, section 8.
1 [72B. Application for possession of land made to different Mamlatdars to be heard by designated Mamlatdar
(1) If in the course of the hearing of an application for possession of any land made by a landlord under section 29, the Mamlatdar of one area finds that the landlord had made a similar application to the Mamlatdar of another area for possession of other land held by him in that area, then the Mamiatdar shall refer the case to the Collector if the other land is in the same district, 2 [and to the State Government if the other land is in another district].
(2) On receipt of the reference, the Collector 3 [ * * * * ] or the State Government, as the case may be, shall --
(a) call for the proceedings of the other application from the Mamlatdar concerned;
&nb
(1) If in the course of a proceeding under section 32G in respect of any tenant, the Tribunal finds that such tenant holds as a tenant other land outside its jurisdiction, then the Tribunal shall refer the case in the prescribed manner to the Collector if the other land is in the same district,1[to the State Government if the other land is in another district].
(2) On receipt of the reference the Collector2[ * * * ] or the State Government, as the case may be, shall --
(a) call for the details of such land in the prescribed form from the Tribunal within whose jurisdiction the land is situate;
(b) taking into consideration the extent of land held by the tenant as tenant situate within the jurisdiction of different Tribunals, direct that the proceeding under sections 32G, 32H, 32-I, 32K, 32L, 32
(1) Any sum the payment of which has been directed by an order of the Mamlatdar or the Tribunal including an order awarding costs shall be recoverable from the person ordered to pay the same as an arrear of land revenue.
(2) An order of the Mamlatdar or the Tribunal awarding possession or restoring the possession or use of any land shall be executed in the manner provided in section 21 of the Mamlatdars' Courts Act, 1906(Bom.II of 1906), as if it was the decision of the Mamlatdar under the said Act :
1[Provided that such order shall not be executed till the expiry of the period of appeal2[or, as the case may be, of application for revision as provided] in section 79].
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1. This proviso was added by Bom. 38 of 1957, section 23.
1[73A. Powers of Collector in inquiries under sub-section (3A) of section 29 , provision as respects revision and execution of orders
(1) For the purposes of an inquiry under sub-section (3A) of section 29, the Collector shall have the same powers as are vested in courts in respect of the following matters under the Code of Civil Procedure, 1908(V of 1908), in trying a suit, namely: --
(a) proof of facts by affidavits,
(b) summoning and enforcing attendance of any person and examining him on oath, and
(c) compelling the production of documents.
(2) The order of the Collector under sub-section (3A) of section 29 shall, subject to revision under sub-section (3), be final.
&n
(1) An appeal against the order of the Mamlatdar and the Tribunals may be filed to the Collector in the following cases: --
(a) an order under section 4,
1 * * * *
2 * * * *
(d) an order under section 9,
3 [(da) an order under section 9A],
(e) an order under section 10,
4 * * *
(g) an order under section 13,
5 * * *
(h) an order under section 17,
(i) an order under section 19,
(j) an order under
Section 74 of the Gujarat Tenancy and Agricultural Lands Act, 1948 (hereinafter "the Act") delineates the appellate and revisional jurisdiction concerning orders passed by Mamlatdars, Tahsildars, and the Agricultural Lands Tribunal. It plays a crucial role in regulating the scope and limits of appeals and revisions against decisions related to tenancy rights, land transfers, and other proceedings under the Act, ensuring a hierarchical legal framework for dispute resolution.
Section 74 provides that:- An appeal lies to the Collector against certain orders of the Mamlatdar and the Agricultural Lands Tribunal.- The appeal must be filed within a specified period (generally 30 days from the date of the order).- The appellate authority (Collector) can confirm, modify, or reverse the order.- It also empowers the State Government or designated authorities to revise orders passed by the Mamlatdar or Tribunal under specified circumstances.- Certain orders, especially those relating to land transfer, tenancy rights, or valuation, are explicitly appealable or revisable under the section.
In summary, Section 74 of the Gujarat Tenancy and Agricultural Lands Act, 1948, serves as a vital legal instrument for appellate and revisional review of orders related to tenancy rights, land transfers, and valuation. Its scope is confined to specific orders, with strict procedural and time limits, and its proper exercise ensures the rule of law, finality of decisions, and protection of tenants’ rights, while also safeguarding the interests of landowners and the State. The section's interpretation and application have evolved through judicial pronouncements, emphasizing the importance of jurisdiction, procedural compliance, and constitutional safeguards.
1 [74A. Powers of Collector to transfer and withdraw appeals
The Collector may, after due notice to the parties, by order in writing --
(a) transfer any appeal pending before him or before any Assistant or Deputy Collector subordinate to him to any Assistant or Deputy Collector specified in such order, performing the duties and exercising the powers of a Collector and upon such transfer the Assistant Collector or the Deputy Collector, as the case may be, shall have power to hear and decide the appeal as if it was originally filed to him, or
(b) withdraw any appeal pending before any Assistant or Deputy Collector and himself hear and decide the same.]
______________________
1. Section 74A was substituted f
( 1) An appeal against the award of the Collector made under section 66 may be filed to the1[Gujarat Revenue Tribunal], notwithstanding anything contained in the2[Bombay Revenue Tribunal Act, 1957(Bom. XXXI of 1957)].
(2) In deciding appeals under sub-section (1), the1[Gujarat Revenue Tribunal] shall exercise all the powers which a court has and3[subject to the regulations framed by such Tribunal under the2[Bombay Revenue Tribunal Act, 1957(Bom. XXXI of 1957)] follow the same procedure which a court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908(V of 1908).
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1. These words were substituted for the words "Bombay Revenue Tribunal" by the Gujarat Adaptation of Lands (State and Concurrent Subjects) (Third Amen
( 1) An appeal against the award of the Collector made under section 66 may be filed to the1[Gujarat Revenue Tribunal], notwithstanding anything contained in the2[Bombay Revenue Tribunal Act, 1957(Bom. XXXI of 1957)].
(2) In deciding appeals under sub-section (1), the1[Gujarat Revenue Tribunal] shall exercise all the powers which a court has and3[subject to the regulations framed by such Tribunal under the2[Bombay Revenue Tribunal Act, 1957(Bom. XXXI of 1957)] follow the same procedure which a court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908(V of 1908).
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1. These words were substituted for the words "Bombay Revenue Tribunal" by the Gujarat Adaptation of Lands (State and Concurrent Subjects) (Third Amen
1 [76A. Revisional powers of Collector
Where no appeal has been filed within the period provided for it the Collector may, suo motu or on a reference made in this behalf by 2 [* * *]the State Government, at any time, --
(a) call for the record of any inquiry or the proceeding of any Mamlatdar or Tribunal for the purpose of satisfying himself as to the legally or propriety of any order passed by, and as to the regularity of the proceedings of such Mamlatdar or Tribunal, as the case, may be, and
(b) pass such order thereon as he deems fit:
Provided that 3 [no such record shall be called for after the expiry of one year from the date of such order and] no order of such Mamlatdar or Tribunal shall be modified, annulled or reversed unless opportunity has
1 [76AA. Revisional power of Government in certain cases
An application for revision may be made to the State Government against the decision of the Collector in an appeal against an order made under sub-section (4) of section 32G and the State Government may call for the proceedings of the Collector for the purpose of satisfying itself as to the legality or propriety of the decision of the Collector and pass such order as it may think fit.]
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1. These words were inserted by Bom. 16 of 1948, section 234.
1 [76AA. Revisional power of Government in certain cases
An application for revision may be made to the State Government against the decision of the Collector in an appeal against an order made under sub-section (4) of section 32G and the State Government may call for the proceedings of the Collector for the purpose of satisfying itself as to the legality or propriety of the decision of the Collector and pass such order as it may think fit.]
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1. These words were inserted by Bom. 16 of 1948, section 234.
( 1) The Collector in appeal and the1[Gujarat Revenue Tribunal] in appeal under section 75 and in revision under section 76 may confirm, modify or rescind the order in appeal or revision or its execution or may pass such other order as may seem legal and just in accordance with the provisions of this Act.
(2) The orders of the Collector in appeal or of the1[Gujarat Revenue Tribunal]2[or of the State Government] in appeal or revision shall be executed in the manner provided for the execution of the orders of the Mamlatdar and Tribunal under section 73.
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1. These words were substituted for the words "Bombay Revenue Tribunal" by the Gujarat Gujarat Adaptation of Laws State and Concurrent Subjects) (Third Amendment) Order, 1960.
2.
Every appeal or application for revision under this Act shall be filed within a period of sixty days from the date of the order of the Mamlatdar, Tribunal or Collector, as the case may be. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908 (IX of 1908) shall apply to the filing of such appeal or application for revision :
1[Provided that an appeal against a decision of the Mamlatdar under section 31 or 32F or an order passed by the Tribunal under section 32G before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Guj. XVI of 1960) may be filed within a period of six months from the date of such commencement.]
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1. This proviso was added by Guj. 16 of 1939, section 22.
All inquiries and proceedings before the Mamlatdar, the Tribunal,1[the Collector, the2[Gujarat Revenue Tribunal] and the State Government] shall deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860).
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1. These words were substituted for the words "the Collector and the Gujarat Revenue Tribunal" by Guj. 36 of 1965, section 13.
2. These words were substituted for the words "Bombay Revenue Tribunal" by the Gujarat Gujarat Adaptation of Laws State and Concurrent Subjects) (Third Amendment) Order, 1960.
1 [80A. Pleaders, etc. excluded from appearance
Notwithstanding anything contained in this Act or any law for the time being in force, no pleader shall be entitled to appear on behalf of any party in any proceedings under this Act before the Mamlatdar, the Tribunal or the Collector :
Provided that the Mamlatdar, the Tribunal or the Collector may, in the interest of justice for reasons to be recorded in writing, allow the parties to be represented at their own cost by a pleader :
Provided further that pleader's fees shall not be allowed as part of the costs for the appearance of a pleader in any such proceedings :
Provided also that if any officer of Government is appointed or declared by a competent court or is authorised under any law for the time
(1) Whoever contravenes any provision of any of the sections, sub -sections or clauses mentioned in the first column of the following Table shall on conviction, for each such offence be punishable with fine which may extend to the amount mentioned in that behalf in the third column of the said Table.
Explanation. -- The entries in the second column of the said table headed "(Subject" are not intended as the definitions of offences described -in the sections sub-sections and clauses mentioned in the first column, or even as abstracts of those sections, sub-sections and clauses, but are inserted merely as references, to the subjects of the sections, sub-sections and clauses, the numbers of which are given in the first column.
TABLE
Section, sub-section
&nb
(1) The 1 [State] Government may make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for the following matters: --
2 [(a) the other pursuits to be prescribed under clause (2A) of section 2;
(b) the other factors to be prescribed under section 7 and section 9;
(bb) the manner in which the value of crop share or produce shall be determined under section 9C;]
(c) the penalty to be recovered under section 10 3 [or to be inflicted under sub-section (5) of section 13;]
4 [* * * * * *]
(e) the fees to be paid for
83 . Delegation of1[powers, functions and duties]
The2[State] Government may, subject to such restrictions and conditions as it may impose, by notification in the Official Gazette, delegate to any of its officers, not below the rank of an Assistant or Deputy Collector, all or any of the1[powers conferred, or functions or duties imposed] on it by this Act.
____________________________
1 . This word was substituted for the word "Provincial" by the Adaptation of Laws order, 1956.
2 . There words were substituted for the words "power conferred" by Guj. 36 of 1965 , section ( 11 ).
1 [83A. Restriction on acquiring land by transfer which is invalid
(1) No person shall acquire land by transfer where such transfer or acquisition is invalid under any of the provisions of this Act
(2) Any person who acquires land in contravention of sub-section (1) shall in the event of the transfer or acquisition being decided or declared invalid, be liable to suffer, the consequences under section 84 or 84C as the case may be.]
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1. This section was inserted by Guj. 16 of 1950, section 24.
Any person unauthorisedly occupying or Wrongfully in possession of any land --
(a) the transfer 1 [or acquisition] of which either by the act of parties or by the operation of law is invalid under the provisions of this Act,
(b) the management of which has been assumed under the said provisions, or
(c) to the use and occupation of which he is not entitled under the said provisions and the said provisions do not provide for the eviction of such persons,
may be summarily evicted by the Collector.
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1. These words were inserted by Bom. 13 of 1956, section 44.
1 [84A. Validation of transfer made before appointed day
(1) A transfer of any land in contravention of section 63 or 64 as it stood before the commencement of the Amending Act, 1955, made . after the 28th day of December 1948 (when the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXV 11 of 1948) , came into force) and before the 15th day of June 1955 shall not be declared to be invalid merely on the ground that such transfer was made in contravention of the said sections if the transferee pays to the State Government a penalty equal to 2 [one per cent] of the consideration or Rs. 100, which ever is less :
Provided that, if such transfer is made by the landlord, in favour of the tenant in actual possession, the penalty leviable in respect thereof shall be one rupee :
Provided further
(1) Where in respect of a transfer or acquisition of any land made on or after the 15th day of June 1955 and before 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.
(a) was in contravention of section 63 or 64 as it stood before the commencement of the Amending Act, 1955, or
(b) is inconsistent with any of the provisions of this Act as amended by the Amending Act, 1955,
the Mamlatdar shall issue a notice in the prescribed form to the transferor, the transferee or the person acquiring such land, as the case may be, to show cause as to why the transfer or acquisition should not be declared to be invalid and shall hold an inquiry and decide whether the transfer
(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 believes 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 an 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, 1 [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 rig
1 [84CC. Dispossession of land in certain circumstance to be ineffective
(1) Where any person who had surrendered his tenancy in respect of any land or part thereof at any time after 31st March 1957 but before 5th December, 1972, the date of the publication in the Official Gazette of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Bill, 1972 (hereinafter referred to as the latter date) and had continued to remain in actual possession,, with or without the consent of the landlord, of such land or, as the , case may be, part thereof till the latter date had been dispossessed of such land or part thereof by the landlord at any time during the period between the latter date and the specified date, and the Mamlatdar suo motu or on the application of the person so dispossessed or of any other person interested in such land or part thereof has reason to believe that such dis
The Gujarat Tenancy and Agricultural Lands Act, 1948, was enacted to regulate tenancy rights and agricultural land transactions in the state of Gujarat. Section 84(c) specifically addresses the invalidity of certain land transfers and the procedures for their annulment.
Section 84(c) provides a framework for declaring certain land transactions invalid, particularly those that do not comply with the provisions of the Act. It empowers authorities to take action against such invalid transactions.
The scope of Section 84(c) extends to all agricultural land transactions that do not meet the legal requirements set forth in the Act. It aims to protect the rights of tenants and ensure that land is used for agricultural purposes.
While the section itself does not specify punitive measures, it allows for the annulment of invalid transactions, which serves as a deterrent against unlawful land dealings.
1 [84D. Temporary leases of land liable to be disposed of under section 32P or 84C
(1) Where any land has become liable to be disposed of under 2 [section 32P, section 37 or section 84C], and the Collector or, as the case may be, the Mamlatdar considers that such disposal is likely to take time and that with a view to preventing the land remaining uncultivated it is necessary to take such a step, he may lease the land for cultivation to any agriculturist who has under personal cultivation land less "than the ceiling area, subject to the following conditions : --
(i) the lease shall be for a period of one year;
(ii) the lessee shall pay rent at the rate fixed by the Mamlatdar and applicable to the land under section 9;
(iii) the lessee shall be liabl
(1) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Mamlatdar or Tribunal, a Manager, 1 [the Collector, the Gujarat Revenue Tribunal or the State Government] in appeal or revision or the 2 [State] Government in exercise of their powers of control.
(2) No order of the Mamlatdar, the Tribunal, the Collector or the 3 [Gujarat Revenue Tribunal] or the 2 [State] Government made under this Act shall be questioned in any civil or criminal court.
Explanation. -- For the purposes of this section a Civil Court shall include a Mamlatdars' Court constituted under the Mamlatdars' Courts Act, 1906 (Bom. II of 1906).
____________________________
1.
1 [85A. Suits involving issues required to be decided under this Act
(1) If any suit 2 [instituted, whether before or after the specified date, in any Civil Court] involves any issues which are required to be settled, decided or dealt with by any authority competent to settle, decide or dealt with such issues under this Act (hereinafter referred to as the "competent authority") the Civil Court shall stay the suit and refer such issues to such competent authority for determination.
(2) On receipt of such reference from the Civil Court, the competent authority shall deal with and decide such issues in accordance with the provisions of this Act and shall communicate its decision to the Civil Court and such court shall thereupon dispose of the suit in accordance with the procedure applicable thereto.
&n
In all matters connected with this Act, the1[State] Government shall have the same authority and control over the Mamlatdars and the Collectors acting under this Act as they have and exercise over them in the general and revenue administration.
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1 . This word was substituted for the word "Provincial" by the Adaptation of Laws Order 1950 .
No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.
1 [87A. Saving in respect of provisions of Land Tenures Abolition Acts
Nothing in this Act shall affect the provisions of any of the Land Tenures Abolition Acts, specified in Schedule III to this Act, in so far as such provisions relate to the conferment of right of an occupant in favour of any inferior holder or tenant in respect of any land held by him.]
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1. This section was inserted by Bom. 13 of 1956, section 47.
1 [88. Exemption to Government lands and certain other lands
2 [(1)] 3 [Save as otherwise provided in sub-section (2), nothing in the foregoing provisions of this Act] shall apply --
(a) to lands belonging to, or held on lease from, the Government;
4 [(aa) to lands held or leased by a local authority:]
(b) to any area which the State Government may, from time to time, by notification in the Official Gazette, specify as being reserved for non-agricultural or industrial development:
5 [Provided that if after a notification in respect of any area specified in the notification is issued under this clause, whether before or after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment)
Section 88 of the Gujarat Tenancy and Agricultural Lands Act, 1948 (hereinafter "the Act") deals with exemptions from the operation of the Act for certain lands, notably lands owned or leased for specific purposes like industrial or non-agricultural development. It provides the legislative framework for excluding particular areas or lands from the applicability of the general tenancy provisions, thereby creating a legal dichotomy between exempted and non-exempted lands.
Section 88(1) stipulates that the provisions of the Act shall not apply to:- Lands held on lease from the Government or local authorities.- Lands specified by the State Government via notification for non-agricultural or industrial development.- Lands under management of the Court of Wards or temporarily managed by courts until the determination of rightful ownership.- Lands in areas included within municipal limits or notified for non-agricultural purposes, subject to certain provisos.
Sub-sections (2) and subsequent amendments specify further conditions and procedures, including the effect of notifications, the rights of tenants, and the applicability of provisions after certain events like land conversion or management cessation.
Section 88 primarily deals with exemption and does not prescribe specific punishments for violations. However:- Illegal Transfer or Use: If lands are transferred or used contrary to the exemption provisions, such acts are subject to legal scrutiny, and subsequent transactions may be deemed invalid or liable for penalties under the Act or related laws.- Unauthorized Transfer: Transfer of lands exempted under notifications without prior permission or in violation of the provisions can be challenged, and such acts may attract civil or criminal penalties depending on the circumstances.
References are made to authoritative judgments, legislative amendments, and government circulars to substantiate the legal interpretation of Section 88 and its implications on land rights, notifications, and exemptions under the Gujarat Tenancy and Agricultural Lands Act, 1948.
[Special provisions in respect of tenants of certain lands in villages specified in Schedule IV]. Inserted, by Bom. 63 of 1958 section 16 was deleted by the Gujarat Adaptation of laws (State and Concurrent Subjects) (Third Amendment) Order, 1960.
Nothing in the foregoing provisions shall apply to land transferred to or by a Bhoodan Samiti recognized by the State Government in this behalf.
1 [(1)] Nothing in the forgoing 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 2 [ * * * ] University established by law in the 3 [Bombay area of the State of Gujarat]; and
(b) to lands which are the property of a trust for an educational purpose 4 [a hospital, Punjrapole,] 5 [or Gaushala] ];
6 [(c) to lands assigned or donated by any person before the 1st day of August 1956 for the purpose of rendering any of the following services useful to the community, namely :
maintenance of water works, lighting
(1) 1 [Save as otherwise provided by the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960, nothing in sections] 32 to 32R (both inclusive) shall apply to lands leased by any person if such land does not exceed an economic holding and the total annual income of such person including the rent of such land does not exceed Rs. 1,500 :
Provided that the provisions of this sub-section shall not apply to any person who holds such land as a permanent tenant or who has leased such land on permanent tenancy to any other person.
2 [(2) Every person eligible to the exemption provided in sub-section (1) shall make an application in the prescribed form to the Mamlatdar within whose jurisdiction all or most of the pieces of land leased by him are situate, within the prescribed period for a certificate that he is entitled to such exem
1 [88CC. Rights of certain tenants to purchases land barred
Notwithstanding anything contained in this Act, a tenant who does not belong to any of the Scheduled Tribes shall not, after the commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 (Guj. 37 of 1980) be entitled to purchase from the landlord under this Act any land leased to him with the previous sanction of the Collector under section 73AA of the Bombay Land Revenue Code, 1879 (Bom. V of 1879).
Explanation. -- For the purpose of this section, "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under article 342 of the Constitution.]
____________________________
1 [88CA. Sections 32 to 32R not to apply to certain service lands
Nothing in sections 32 to 32R (both inclusive) shall apply to land held as inam or watan for service useful to Government but not assigned as remuneration to the person actually performing, such service for the time being under section 23 of the Bombay Hereditary Offices Act, 1874 (Bom. III of 1874), or any other law for the time being in force.]
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1. Section 88CA was inserted by Bom. 63 of 1958, section 18.
1 [88D. Power of Government to withdraw exemption
(1) Notwithstanding anything contained in sections 88, 88A, 88B and] 88C, if the State Government is satisfied, --
(i) in the case of an area referred to in clause (b) of section 88, that the chances of non-agricultural or industrial development are remote, or that after the eviction of tenants from any land in such area, the land has not been used for a non-agricultural or industrial purpose,
(ii) that the lands transferred by a Bhoodan Samiti, are not cultivated personally by the transferees or are alienated by them,
(iii) in the case of lands referred to in clause (b) of section 88B, that the trust is unable to look after the property or has mismanaged it or that there are disputes between the tru
1 [88E. Cessor of exemption in respect of certain public trust lands
(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 far as may be applicable, apply.
Explanatio
(1) The enactment specified in 1 [Schedule I] is hereby repealed to the extent mentioned in the fourth column thereof.
(2) But nothing in this Act or any repeal effected thereby --
(a) shall affect the amendments made in section 59 of the Bombay Land Revenue Code, 1879 (Bom. V of 1879), or sections 6 and 9 of the Khoti Settlement Act, 1880 (Bom. I of 1880);
(b) shall, save as expressly provided in this Act, affect or be deemed to affect, --
(i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Act, or
(ii) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered
1 [90. Enactments amended
The enactments specified in Schedule II shall be amended to the extent mentioned in the fourth column thereof.]
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1. This section was inserted by Bom. 13 of 1956 section 50.
1 [SCHEDULE I]
Enactment repealed
(See section 89)
Year No. Short title Extent repeal
1 2 3 4
1939 XXIX The Bombay Tenancy Act, 1939 The whole except sections 3, 3A and 4 as modified in the following manner, namely:-
3. A tenant shall be deemed to be a protected tenant in respect of any land if --
(a) he has held such land continuously for a period of not less than six years immediately preceding either --
(i) the first day of January 1938, or
(ii) the first day of January 1945, and
&
1 [SCHEDULE II
(See sections 10A and 90)
Year No. Short title Extent of Amendment
1 2 3 4
1879 V The Bombay Land Revenue Code, 1879 2 [(1A) In section 80, for the words through non-payment by the occupant of the land revenue due on account thereof, it shall be lawful for any person interested to pay on behalf of such occupant', the words through non-payment of the land revenue due on account thereof by the person primarily liable for payment of it, it shall be lawful for any person interested to pay on behalf of such person' shall be substituted].
(1) After section 84, the following section shall be inserted, namely : --
Sections 83 and 84 not to ap
SCHEDULE -- III
[See sections 32G(6) and 87A]
List of Land Tenures Abolition Ads.
1. The Bombay Bhagdari and Narwadari Tenures Abolition Act, 1948. (Bom. XXXII of 1949).
2. The Bombay Maleki Tenure Abolition Act, 1949 (Bom. LXI of 1949).
3. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bom. LXII of 1949).
4. The Panchmahals Mehwassi Tenure Abolition Act, 1949 (Bom. LXIII of 1949).
5. The Bombay Kheti Abolition Act, 1949 (Bom. VI of 1950).
6. The Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950 (Bom. LX of 1950).
7. T
SCHEDULE IV
[Inserted by Bom. 63 of 1958, section 20 was Deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment) Order, 1960].
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