Preamble

miScellaneouS.

82. (1) The

4[State] Government may make rules for carrying out the purposes of this Act.

1. (2)In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for the following matters:— 5[(a) the other pursuits to be prescribed under clause (2A) of section 2;
   1. (b)the other factors to be prescribed under section 7 and section 9;
   2. (bb)the manner in which the value of crop share or produce shall be determined under section 9C;]
   3. (c)the penalty to be recovered under section 10 6[or to be inflicted under sub-section
2. (5)of section 13;] 7[ * * * * * * ]
   1. (e)the fees to be paid for the grant of a certificate and the form of such certificate under sub-section (3) of section 17; 8[ 9[* * * * * * * ] the fee to be paid and the form of certificate, under sub-section (6) of section 17B;]
   2. (f)the manner and the form in which a receipt is to be given by the landlord under section 26; 1. This entry was inserted by Bom. 38 of 1957, s. 26. 2. This entry was inserted by Bom. 13 of 1956, s. 42 (1) (b). 3. This portion was substituted for the words and figures "section 9 or 11'', ibid., s. 42 (a). 4. This word was substituted for the word "Provincial" by the Adapatation of Laws Order, 1950. 5. These clauses were substituted for the original clauses (a) and (b) by Bom. 13 of 1956, s. 43 (1). 6. These words, brackets and figures were inserted, ibid., s. 43 (2). 7. Clause (d) was deleted by Guj. 5 of 1973, s. 19 (i). 8. This clause was inserted by Bom. 13 of 1953, s. 43 (1). 9. The words, brackets and figures "the manner of making record of rights relating to site and houses thereon under sub-section (1), and" were deleted by Guj. 5 of 1973, s. 19 (ii). Rules.

84 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII

1[(g) the manner of apportionment of rent under section 31D;

1. (ga)the rules subject to which a tenant shall be entitled to choose the area and location under section 32C; 2[(gaa) the manner of giving intimation under sub-section (1A) of section 32F 3[ * * *]]
2. (gb)the form of public notice under sub-section (1), and the manner of recording statement under sub-section (2) of section 32 G;
3. (gc)the form of certificate to be issued under sub-section (1) of section 32M;
4. (gd)the manner of referring a question for decision under sub-section (3) of section 32Q;] 4[(gdd) the terms and conditions on which the amount deposited or the amount of price of land shall be deemed to be the amount of loan granted under sub-section (2) of section 32QQ;]
5. (h)the terms and conditions for exchange of lands and the form of certificate to be issued under section 33; 5[(hh) the period within which and the manner in which particulars of land are to be furnished to Mamlatdars under section 34A;] 6[(hhh) the circumstances in which and the conditions subject to which, the previous sanction of the collector under sub-section (1) of section 43 may be given;] 7[(ha) other factors to be taken into consideration for determining reasonable rent under section 43B;] 8[ * * * *]
6. (j)the manner of notifying liquidation schemes sanctioned under section 56;
7. (k)the conditions subject to which permission to acquire land or interests therein may be granted under section 63; 9[(ka) other factors to be taken into consideration for determining reasonable price under section 63A; 10[(kaa) the form of notice and particulars to be sent under clause(a), the rules subject to which the Collector may direct the payment of fine under clause (b), the form of and the time within which a certificate is to be issued under sub-clause (i) of clause (c), of sub-section

1. (3)and the circumstances in which the period may be extended under the proviso to clause
   1. (b)of sub-section (4), of section 63AA.] 11[(kaa) the manner and period to fulfill the conditions by purchaseer of the industrial park under sub-section (4B) of section 63AA;
   2. (kbb)the manner for disposal of land vested in the State Government under sub-section
      1. (v)of section 63AA;]
   3. (kb)the manner in which an offer shall be made and the form in which notice shall be given under section 64;] 1. These clauses were inserted by Bom. 13 of 1956, s. 43(5). 2. This clause was inserted by Bom. 38 of 1957, s. 27(1). 3. These words, brackets, figures and letters were deleted by Guj. 10 of 2009, s 10(1). 4. Clause (gdd) was inserted by Guj. 8 of 1987, s. 3. 5. This clause was inserted by Bom. 38 of 1957, s. 27(2). 6. Clause (hhh) was inserted by Guj. 15 of 1969, s. 5. 7. This cluase was inserted by Bom. 13 of 1956, s. 43(6). 8. This clause was deleted by Guj. 10 of 2009, s. 10(2). 9. These clauses were inserted by Bom. 13 of 1956, s. 43(7). 10. This clause was inserted by Guj. 7 of 1997, s.4. 11. These clauses were inserted by Guj. 28 of 2015, s.4.

1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 85

1. (l)the manner of making inquiry to determine the value of the estate, land or interest acquired and any other matter to be taken into consideration in determining the value under section 66; 1[(la) the form in which an application shall be made and the period within which and the form in which an agreement shall be executed under section 66A;]
2. (m)the other functions of the Tribunal under section 68;
3. (n)the other powers of the Tribunal under section 69;
4. (o)the other procedure to be followed by the Mamlatdar and Tribunal under section 72;
5. (p)the value of the court-fee stamp payable on an appliction to the Mamlatdar or Tribunal or on an application or appeal to the Collector or 2[Gujarat Revenue Tribunal] under section 77; 3[(pp) the manner of disposal of land under sub-section (3) of section 84B;] 4[(pa) the manner of grant of land under section 84C;] 5[(pb) the period within which and the form in which an application under section 88C shall be made and the form of certificate to be issued under that section;] 6[* * * * * * * * ]
6. (q)any other matter which is or may be prescribed under this Act. 7[(2A) Such rules may also provide for the levy of fees for giving copies of, or extracts from, any document issued under this Act or record maintained under or for the purposes of Act and the scales of such fees.]

1. (3)Rules made under this section shall be subject to the condition of previous publication in the official Gazette. 8[(4) All rules made under this section shall be laid before the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.] 9[(5) Any modifications so made by the State Legislature shall be published in the official Gazette and shall thereupon take effect.] 83. The 10[State] Government may, subject to such restriction 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 the 11[powers conferred or functions or duties imposed] on it by this Act. 1. This clause was inserted by Bom. 18 of 1956, s. 43 (8). 2. These words were substituted for the words "Bombay Revenue Tribunal' by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment) Order, 1960. 3. This clause was inserted by Bom. 38 of 1957, s. 27 (3). 4. This clause was inserted by Bom. 13 of 1956, s. 43(9). 5. This clause was inserted by Bom. 38 of 1957, s. 27(4). 6. Clause (pc) was deleted by Guj. 36 of 1965, s. 14(1). 7. Sub-section (2A) was inserted, ibid., s. 14(2). 8. This sub-section was inserted by Guj. 16 of 1960, s. 23(2). 9. Sub-section (5) was inserted by Guj. 36 of 1965, s. 14(3). 10. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 11. These words were substituted for the words "powers conferred" by Guj. 36 of 1965, s. 11. Delegation of 11[powers, functions and duties].

86 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII

1[83A. (1) No person shall acquire land by transfer where such transfer or acquisition is invalid under any of the provisions of this Act.

1. (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.] 84. Any person unauthorisedly occupying or wrongfully in possession of any land —
   1. (a)the transfer 2[or acquisition] of which either by the act of parties or by the operation of law is invalid under the provision of this Act,
   2. (b)the management of which has been assumed under the said provisions, or
   3. (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. 3[84A. (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, came into force) and before th 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 4[one percent] of the consideration or ` 100, whichever 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 that if any such transfer is made by the landlord in favour of any person other than the tenant in actual possession, and such transfer is made either after the unlawful eviction of such tenant or results in the eviction of the tenant in actual possession then such transfer shall not be deemed to be validated 5[unless such tenant has failed to apply for the possession of the land under sub-section (1) of section 29 within two years from the date of his eviction from the land.]
2. (2)on payment of such penalty, the Mamlatdar shall issue a certificate to the transferee that such transfer is not invalid. 6[(3) Where the transferee fails to pay the penalty referred to in sub-section (1) within such period as may be prescribed, the transfer shall be declared by the Mamlatdar to be invalid and thereupon the provisions of sub-section (3) to (5) of section 84C shall apply:] 1. This section was inserted by Guj. 16 of 1960, s. 24. 2. These words were inserted by Bom. 13 of 1956, s. 44. 3. These sections were inserted, ibid., s. 45. 4. These words were substituted for the words "five percent" by Bom. 63 of 1953, s. 12. 5. These words, brackets and figures were added by Bom. 15 of 1957, s. 14(1). 6. This sub-section was added, ibid., s. 14(2). Restriction on acquiring land by transfer which is invalid. Summary eviction. Validation of transfers made before appointed day. Bom. LXV11 of 1948.

1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 87

1[Provided that where the transfer was made in favour of the tenant nothing in this sub-section shall apply to such transfer, if the tenant pays the penalty even after the expiry of the period prescribed for such payment but before the end of the 31 st March1966.] 84B. (1) Where in respect of a transfer or acquisition of any land made on or after the 15 th 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.

1. (a)was in contravention of section 63 or 64 as it stood before the commencement of the Amending Act, 1955, or
2. (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 or acquisition is or is not invalid: 2[Provided that where the transfer or acquisition was in favour of the tenant in possession of the land and the area of the land so transferred together with the area of other land, if any, cultivated personally by the tenant did not exceed the ceiling area, such transfer or acquisition shall not be declared to be invalid if the tenant pays to the state Government a penalty of one rupee within such period not exceeding three months as the Mamlatdar may fix.]

1. (2)If after holding such inquiry the Mamlatdar declares the transfer or acquisition to be invalid, he shall direct that the land shall be restored to the person from whom it was acquired, and that the amount of consideration paid, if any, shall be recovered as an arrear of land revenue from the transferor and paid to the transferee and until the amount is so fully paid, the said amount shall be a charge on the land. 3[(3) If the person to whom the land is directed to be restored refuses to take possession of the land, the Mamlatdar shall, subject to the provisions of section 63A, dispose of the land by sale in the prescribed manner in the following order of priority:—
   1. (i)the tenant in actual possession of the land if he is not the transferee,
   2. (ii)the persons or bodies in the order given in the priority list.
2. (4)The amount of price realised under sub-section (3) shall subject to the payment of any encumbrances subsisting on the land, be paid to the 4[transfer or]. 1. This proviso was added by Guj. 36 of 1965, s. 16. 2. This proviso was substituted by Guj. 16 of 1960, s. 25. 3. These sub-sections were inserted by Bom. 38 of 1957, s. 23. 4. This word was substituted for the word "transfer" by Bom. 63 of 1958, s. 13(24). Certain transfers made between appointed day and commencement of Amending Act, 1955 invalid.

88 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII

1. (5)If the transferee refuses to accept the amount paid to him under sub-section (2) 1[or the transferor refuses to accept the amount paid to him under sub-section (4)] the amount shall be forfeited to the State Government.] 84C. (1) Where in respect of the transfer or acquisition of any land made on or after the commencement of the Amending Act, 1955, the Mamlatdar suo motu or on the application of any person interested in such land has reason to believe that such transfer or acquisition is or becomes invalid under any of the provisions of this Act, the Mamlatdar shall issue a notice and hold any inquiry as provided for in section 84B and decide whether the transfer or acquisition is or is not invalid.
2. (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, 2[unless the parties to such transfer or acquisition give an undertaking in writing that within a period of three months from such date as the Mamlatdar may fix, they shall restore the land alongwith the rights and interest therein to the position in which it was immediately before the transfer or acquisition, and the land is so restored within that period]: 3[Provided that where the transfer of land was made by the landlord to the tenant of the land and the area of the land so transferred together with the area of other land, if any, cultivated personally by the tenant did not exceed the ceilling area, the Mamlatdar shall not declare such transfer to be invalid-
   1. (i)if the amount received by the landlord as the price of the land is equal to or less than the reasonable price determined under section 63A and the transferee pays to the State Government a penalty equal to ` 1 within such period not exceeding three months as the Mamlatdar may fix;
   2. (ii)if the amount received by the landlord as the price of the land is in excess of the reasonable price determined under section 63A and the transferor as well as the transferee pays to the State Government each a penalty equal to one-tenth of the reasonable price within such period as may be fixed by the Mamlatdar.]
3. (3)On the declaration made by the Mamlatdar under sub-section (2),—
   1. (a)the land shall be deemed to vest in the State Government, free from all encumbrances lawfully subsisting thereon on the date of such vesting and shall be disposed of in the manner provided in sub-section (4); the encumbrances shall be paid out of the occupancy price in the manner provided in section 32Q for the payment of encumbrances out of the purchase price of the sale of land but the right of the holder of such encumbrances to proceed against the person liable, for the enforcement of his right in any other manner, shall not be affected; 1. This portion was substituted for the word, brackets and figure "or (4)" by Bom. 63 of 1958, s. 13(3). 2. This portion was added by Guj. 16 of 1960, s. 26(1) (a). 3. This proviso was substituted, ibid., s. 6(1) (b). Disposal of land, transfer or acquisition of which is invalid.

1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 89

1. (b)the amount which was received by transferor as the price of the land shall be deemed to have been forfeited to the State Government and it shall be recoverable as an arrear of land revenue; and
2. (c)the Mamlatdar shall, in accordance with the provisions of section 63A determine the reasonable price of the land.

1. (4)After determining the reasonable price, the Mamlatdar shall grant the land on new and impartible tenure and on payment of occupancy price equal to the reasonable price determined under sub-section (3) in the prescribed manner in the following order of priority:—
   1. (i)the tenant in actual possession of the land;
   2. (ii)the persons or bodies in the order given in the priority list: 1[ 2[Provided that where the transfer of land was made by the landlord to the tenant of the land and area of the land so transferred together with the area of the land, if any, cultivated personally by the tenant did not exceed the ceiling area then—] (i) 3[if the amount] received by the transferor as the price of the land is equal to or less than the reasonable price, the amount forfeited under sub-section (3) shall be returned to the transferor and the land restored to the transferee on payment of a penalty of rupee one in each case; and (ii) 3[if the amount] received by the transferor as the price of the land is in excess of the reasonable price, the Mamlatdar shall grant the land to the transferee on new and impartible tenure and on payment of occupancy price equal to one-tenth of the reasonable price and out of the amount forfeited under sub-section (3), the transferor shall be paid back an amount equal to nine-tenths of the reasonable price.]
2. (5)The amount of the occupancy price realised under sub-section (4) shall subject to the payment as aforesaid of any encumbrances subsisting on the land, be credited to the State Government: Provided that where the acquisition of any excess land was on account of a gift or bequest, the amount of the occupancy price realised under sub-section (4) in respect of such land shall, subject to the payment of any encumbrances subsisting thereon, be paid to the donee or legatee in whose possession the land had passed on account of such acquisition. Explanation.—For any purposes of this section "new and impartible tenure" means the tenure of occupancy which is non-transferable and non-partible without the previous sanction of the Collector.] 4[84CC. (1) Where any person who had surrendered his tenancy in respect of any land or part thereof at any time after 31 st March, 1957, but before 5 th 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 1. This proviso was added by Bom. 38 of 1957, s. 29. 2. This portion was substituted for the words "Provided that in the case of transfer by the landlord to the tenant of the land" by Guj. 16 of 1960, s. 26(2) (a). 3. These words were substituted for the words "where the amount", ibid., s. 26(2) (b). 4. Section 84CC was inerted by Guj. 5 of 1973, s. 20. Dispossession of land in certain circumstances to be ineffective. L. A. Bill No. 43 of 1972.

90 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII

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 inserted in such land or part thereof has reason to believe that such dispossession was effected in anticipation in order to defeat the object of section 32FF, the Mamlatdar shall issue a notice in the prescribed form to the landlord to show cause as to why such dispossession should not be declared to have been effected in anticipation in order to defeat the object of section 32FF.

1. (2)If after hearing the landlord and holding such inquiry as the Mamlatdar thinks fit, the Mamlatdar declares that the dispossession was effected in anticipation in order to defeat the object of section 32FF, he shall direct that the land or, as the case may be, part thereof, shall be restored to the person who has been dispossessed.
2. (3)If the person to whom the land, or, as the case may be, part thereof, if directed to be restored refuses to take possession thereof, the land shall be deemed to vest in the State Government free from all encumbrances lawfully subsisting thereon on the date of such vesting and shall be disposed of in the manner provided in sub-section (4) of section 84C.
3. (4)If the person to whom the land, or as the case may be, part thereof, is directed to be restored takes possession thereof, such person shall be deemed to have continued to remain in actual possession thereof during the period of dispossession as if he had not been dispossessed of such land, or, as the case may be, part thereof.] 1[84D. (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 :—
   1. (i)the lease shall be for a period of one year;
   2. (ii)the lessee shall pay rent at the rate fixed by the Mamlatdar and applicable to the land under section 9;
   3. (iii)the lessee shall be liable to pay the land revenue and the other cesses specified in sub-section (1) of section 10A and payable in respect of the land;
   4. (iv)if the lessee fails to vacate the land on the expiry of the term of the lease, he shall be liable to be summarily evicted by the Mamlatdar.
4. (2)The person holding land on lease under sub-section (1) shall not be deemed to be a tenant within the meaning of this Act. 1. This section was inserted by Bom. 38 of 1957, s. 30. 2. These words, figures and letters were substituted for the words, figures and letters "section 32P or 84C" by Guj. 5 of 1973, s. 21(i). Temporary leases of land liable to be disposed of under section 32P or 84C.

1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 91

1. (3)The amount of rent realised under sub-section (1), shall be—
   1. (a)paid to the owner of the land, where the land is liable to be disposed of under section 32P, and
   2. (b)forfeited to Government, where the land is liable to be disposed of under 1[section 37 or section 84C].] 85. (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, 2[the Collector, the Gujarat Revenue Tribunal or the State Government] in appeal or revision or the 4[State] Government in exercise of their powers of control.
2. (2)No order of the Mamlatdar, the Tribunal, the Collector or the 3[Gujarat Revenue Tribunal] or the 4[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 Mamalatdar's Court constituted under the mamlatdar's Courts Act, 1906.

5[85A. (1) If any suit

6[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.

1. (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. Explanation.—For the purpose of this section a Civil Court shall include a Mamalatdar's Court constituted under the mamlatdar's Courts Act, 1906.] 86. In all matters connected with this Act, the 4[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. 87. 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. These words, figures and letter were substituted for the word, figures and letter "section 84C" by Guj. 5 of 1973, s. 21(ii). 2. These words were substituted for the words "the Collector or the Gujarat Revenue Tribunal" by Guj. 36 of 1965, s. 17. 3. These words were substituted for the words "Bombay Revenue Tribunal" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amenment) Order, 1960. 4. This word was substituted for the words "Provincial" by the Adaptation of Laws Order, 1960. 5. This section was inserted by Bom. 13 of 1956, s. 46. 6. These words were substituted for the words "instituted in any Civil Court" by Guj. 5 of 1973, s. 22. Bar of jurisdiction. Bom. II of 1906. Suits involving issues required to be decided under this Act. Bom. II of 1906. Control. Indemnity.

92 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII

1[87A. 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 rspect of any land held by him.]

2[88.

3[(1)]

4[Save as otherwise provided in sub-section (2), nothing in the foregoing provisions of this Act] shall apply—

1. (a)to lands belonging to, or held on lease from, the government; 5[(aa) to lands held or leased by a local authority; ]
2. (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: 6[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) Act, 1965, the limits of the area so specified are enlarged on account of the addition of any other area thereto, then merely by reason of such addition, the reservation as made by the notification so issued shall not apply and shall be deemed never to have applied to the area so added, notwithstanding anything to the contrary contained in any judgement, decree, or order of any court, tribunal or any other authority: Provided further that if any land in the area so added has been transferred or acquired after the issue of the notification referred to in the first proviso but before the 29 th day of October, 1964, such transfer or acquisition of land shall have effect as if it were made in an area to which this clause applies];
3. (c)to an estate or land taken 7[* * * * *] under the anagement of the Court of words 8[or of a Government Officer appointed in his official capacity as a guardian under the Guardians and wards Act, 1890 or to the lands taken under management temporarily by the Civil, Revenue or Criminal Courts by themselves or through the receivers appointed by them till the decision of the title of the rightful holders; 9[(d) to an estate or land taken under management by the State Government under chapter IV 10[except as provided in the said chapter IV and in sections 80A, 82, 83,84, 85, 86 and 87:] Provided that with effect from the date on which such estate or land is released from such management, the foregoing provisions of this Act shall apply thereto and in the case 1. These section was inserted by Bom. 13 of 1956, s. 47. 2. These sections were substituted for the original section 88, ibid., s. 48. 3. Section 88 was renumbered as sub-section (1) of that section by Guj. 16 of 1960, s. 27. 4. These words, brackets and figure were substituted for the words "Nothing in the foregoing provisions of this Act", ibid, s. 27 (1) (i). 5. Clause (aa) was inserted by Guj. 36 of 1965, s. 18 (1) (i). 6. These proviso were added, ibid., s. 18 (1) (ii). 7. The words "under management of the State Government under Chapter IV or section 65 or" were deleted by Bom. 15 of 1957, s. 15 (1) (a). 8. These words and figures were inserted, ibid., s. 15 (1) (b). 9. This clause was inserted, ibid., s. 15 (2). 10. These words and figures were substituted for the words and figures "or section 65 except as provided in the said chapter IV or section 65, as the case may be, and in section 66" by Guj. 10 of 2009, s. 11. Saving in respect of provisions of Land Tenures Abolition Acts. Exemption to Government lands and certain other lands.

Guj. 36 of 1965.

VIII of 1890.

1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 93

of a tenancy (other than a permanent tenancy) subsisting on such date in respect of any land in such estate or such land, the landlord shall be entitled to terminate such tenancy under section 31 within one year from such date and the tenant

1[shall be decemed to have purchased] the land under section 32

2[on the expiry] of the period during which such landlord is entitled to terminate the tenency under section 31. The provisions of sections 31 to 31D (both inclusive) and 32 to 32R (both inclusive) shall, so far as may be applicable, apply to such termination of tenancy and to the right of the tenant to purchase the land:

3[Provided further that—

1. (1)in the case of a permanent tenancy the permanent tenant shall be deemed to have purchased the land held by him on permanent tenancy on the date on which the estate or land is released from management or has ceased to be subject to the provisions of this section as aforesaid, whether such release or cesation was before or after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960, and
2. (2)the provisions of sections 32 to 32R shall so far as may by applicable apply to the purchase of land by the permanent tenant under this section.]

4[Explanation.—For the purposes of

5[clause (a) of this sub-section] land held as inam or watan for service useful to Government and assigned as remuneration to the person actually performing such service for the time being under section 23 of the Bombay Hereditary Offices Act, 1874, or any other law for the time being in force shall be deemed to beland belonging to Government.]

6[(1A) Where under the first proviso to sub-section (1) as it was in force before the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (hereinafter referred to in this sub-section as "the said date") a landlord was entitled to terminate under section 31 the tenancy of any land after the 1st August, 1956, but within a period of one year from the date on which the land was released from management and the tenant had a right to purchase the land within one year from the expiry of that period, the tenant shall—

1. (i)if the period for exercising the right of purchase had commenced under the aforesaid proviso before the said date, then whether the period had expired or not be deemed to have purchased the land on the expiry of the period during which the landlord was entitled to terminate the tenancy, and
2. (ii)in any other case, be deemed to have purchased the land on the date on which the period for exercising the said right would have commenced under the aforesiad proviso. The provisions of section 31 to 31D (both inclusive and sections 32 to 32 R (both inclusive) 1. These words were substituted for the words "shall have the right to purchase" by Guj. 16 of 1960, s. 27(1)(ii). 2. These words were substituted for the words "within one year from the expiry", ibid. 3. This proviso was inserted, ibid., s. 27 (1)(iii). 4. This Explanation was added by Bom. 63 of 1958, s. 15. 5. These words, brackets and letter were substituted for the words, brackets and letter "clause (a) of this section" by Guj. 16 of 1960, s. 27(1)(iv). 6. Sub-section (1A) was inserted by Guj. 36 of 1965, s. 18(2). Guj. XVI of 1960.

Bom. II of 1874.

Guj. XVI of 1960.

94 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII

shall, so far as may be applicable, apply and shall be deemed always to have applied to such termination of tenancy and to the right of the tenant to purchase the land.]

1[(2) If any land held on lease from Government or any part thereof—

1. (i)is held at the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 by a person under a sub-lease from the lessee and is cultivated personally by such person, or
2. (ii)is sub-leased after the commencement of the Bombay tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 by the lessee to any person for cultivation and such sub-leasing of the land or part thereof is authorised in accordance with the terms of the lease, then all the provisions of this Act except sections 32 to 32R (both inclusive) and section 43 shall notwithstanding anything contained in such lease, apply to the land, or as the case may be, the part thereof, held under such sub-lease, as if the person holding it under such sub-lease were a tenant within the meaning of section 4 of this Act and lessee were the landlord: Provided that in the case of a sub-lease subsisting on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960, the lessee shall be entitled to terminate under section 31 the sub lease within one year from such date and the provisions of sections 31 to 31D (both inclusive) shall, so far as may be applicable, apply to the termination of the sub-lease. Explanation.—In sub-section (2) of this section references to a lease include a reference to a person to whom the entire interest in the land held on lease, or in any part thereof has been transferred or assigned.]

88A-I [Special provisions in respect of tenants of certain lands in villages specified

in Schedule IV] Inserted by Bom63 of 1958. s. 16 was deleted by the Gujarat Adaptation of laws (State and Concurrent Subjects) (Third Amendement) Order, 1960. 88A. Nothing in the foregoing provisions shall apply to land transferred to or by a Bhoodan Samiti recognized by the State Government in this behalf. 88B.

2[(1)] Nothing in the foregoing provisions, except sections 3, 4B, 8, 9, 9A, 9B, 9C, 10, 10A, 11, 13 and 27 and the provisions of Chapters VI and VIII in so far as the provisions of the said Chapters are applicable to any of the matters referred to in the sections mentioned above, shall apply—

1. (a)to lands held or leased by a 3[ * * *] University established by law in the 4[Bombay area of the state of Gujarat]; and 1. This sub-section was inserted by Guj. 16 of 1960, s. 27 (2). 2. Section 88B was renumbered as sub-section (1) of that section by Bom. 33 of 1957, s. 31. 3. The words "local authority or" were deleted by Guj. 36 of 1965, s. 19 (1). 4. 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. Guj. XVI of 1960. Guj. XVI of 1960. Guj. XVI of 1960. Provisions of Act not to apply to land transferred to or by Bhoodan Samiti. Exemption from certain provisions to lands to local authorities, universities and trusts.

1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 95

1. (b)to lands which are the property of a trust for an educational purpose 1[a hospital, Panjrapole.]

2[or Gaushala];

3[(c) to lands assigned or donated by any person before the 1 st day of August, 1956, for the purpose of rendering any of the following services useful to the community, namely:— maintenance of water works, lighting or filling of water throughs for cattle:]

Provided that —

1. (i)such trust is or is deemed to be registered under the Bombay Public Trusts Act, 1950, and
2. (ii)the entire income of such land is appropriated for the purposes of such trust. 4[(2) For the purposes of this section a certificate granted by the Collector, after holding an inquiry, that the conditions in the proviso to sub-section (1) are satisfied by any trust shall be conclusive evidence in that behalf.] 5[(3) Notwithstanding anything contained in sub-section (1), nothing in the foregoing provisions of this Act shall apply to lands leased for cultivation with the help of sewage, whether before or after the commencement of the Amending Act, 1955 by a local authority in discharge of its duties and functions relating to the establishment and maintenance of a farm for the disposal of sewage under the law under which such local authority is consitituted.] 88C. (1) 6[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 ` 1,500: Porvided 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. 7[(2) Every person eligible to the exemption provided in sub-section (1) shall make an application in the prescribed from 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 exemption]: 1. These words were substituted for the word "hospital" by Bom. 15 of 1957, s. 16. 2. These words were substituted for the words "Gaushala or an institution for public religious worship" by Guj. 16 of 1969, s. 31, Sch. item (1). 3. Clause (c) was added by Bom. 63 of 1958, s. 17. 4. Sub-section (2) was inserted by Bom. 38 of 1957, s. 31. 5. Sub-section (3) was inserted by Guj. 36 of 1965, s. 19(2) with effect on and from the date on which Amending Act, 1955 came into force. 6. These words, brackets and figures were substituted for the words "Nothing in section" by Guj. 16 of 1960, s. 28(1). 7. These Sub-section were substituted for the original sub-section (2) by Bom. 38 of 1957, s. 32. Bom. XXIX of 1950. Exemption from certain provisions to lands leased by persons with the annual income not exceeding ` 1,500. Guj. XVI of 1960.

96 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII

1[Provided that where such person is a widow she may make such application before the 1 st day of July, 1961, notwithstanding that the period prescribed under this section has expired.]

1. (3)On receipt of such application, the Mamlatdar shall after giving notice to the tenant or tanants of the land, hold inquiry and decide whether the land leased by such person is exempt under sub-section (1) from the provisions of sections 32 to 32R.
2. (4)If the Mamlatdar decides that the land is so exempt, he shall issue a certificate in the prescribed form to such person. 2[ * * * * * * ] 3[88CC. 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 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 of the Bombay Land Revenue Code, 1879. Explanation.–For the purpose of this section, "Schedule Tribes" means such tribes or tribal communities or part of or groups within such tribes or tribal communities as are deemed of the Scheduled Tribes in relation to the State of Gujarat under article 342 of the Constitution.] 4[88CA. Nothing in section 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, or any other law for the time being in force.] 5[88D. (1) Notwithstanding anything contained in sections 88, 88A, 88B and 88C, if the State Government is satisfied,–
   1. (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,
   2. (ii)that the lands transferred by a Bhoodan Samiti are not cultivated personally by the transferees or are alienated by them,
   3. (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 trust and the tenants, and
   4. (iv)in the case of lands referred to in section 88C, that the annual income of the person has exceeded ` 1,500 or that the total holding of such person exceeds an economic holding, the State Government may, by order published in the prescribed 1. This proviso was inserted by Guj. 16 of 1960, s. 28(2). 2. Sub-section (5) was deleted, ibid., s. 28(3). 3. Section 88CC was inserted by Guj. 37 of 1980, s. 5, Sch., Sr. No. 1(2). 4. Section 88CA was inserted by Bom. 63 of 1958, s. 18. 5. This section was substituted for the original by Bom. 38 of 1957, s. 33.

Guj. 37 of 1980. Bom. V of 1879. Sections 32 to 32R not to apply to certain service lands.

Bom. III

of 1874. Power of Government to withdraw exemption.

1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 97

manner, direct that with effect from such date as may be specified in the order such land or area, as the case may be, shall cease to be exempted from all or any of the provisions of this Act form which it was exempted under any of the sections aforesaid, and any certificate granted under section 88B or 88C, as the case may be, shall stand revoked.

1. (2)Where any such land or area ceases to be so exempted than in the case of a tenancy subsisting on the date specified in the order issued under sub-section (1), the landlord shall be entitiled to terminate such tenancy under section 31 within one year from such date and the tanant, unless his tenancy is so terminated, shall have a right to purchase the land within one year from the expiry of the period during which such landlord is entitled to terminate the tenancy. The provisions of sections 31 to 31D (both inclusive) and sections 32 to 32R (both inclusive) shall so as far may be applicable, apply to such termination of tenancy and to the right of the tenant to purchase the land.] 1[88E. (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. (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. Explanation.–In this section "specified date" means the date of the commencement of the Gujarat Devasthan Inams Abolition Act, 1969.] 89. (1) The enactment specified in 2[Schedule I] is hereby repealed to the extent mentioned in the fourth column thereof.
3. (2)But nothing in this Act or any repeal effected thereby–
   1. (a)shall affect the amendments made in section 59 of the Bombay Land Revenue Code, 1879, or sections 6 and 9 of the Khoti Settlement Act, 1880;
   2. (b)shall, save as expressly provided in this Act, affect or be deemed to affect,–
      1. (i)any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Act, or 1. Section 88E was inserted by Guj. 16 of 1969, s. 31, Sch., Item (2). 2. These word and figure were substituted for the words "the Schedule" by Bom. 13 of 1956, s. 49. Cessor of exemption in respect of certain public trust lands. Guj. 16 of 1969. Repeal. Bom. V of 1879. Bom. I of 1880.

98 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII

1. (ii)any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this Act, and any such proceedings shall be continued and disposed of, as if this Act was not passed.

1. (3)Notwithstanding anything contained in sub-section (2), all proceedings for the recovery or restoration of the possession of the land under section 7 of the Act so repealed, pending at the date of the commencement of this Act before the Mamlatdar or in appeal before the Collector, shall, notwithstanding anything contained in this section, be deemed to have been instituted and pending before the Mamlatdar or in appeal before the Collector, at the case may be, under this Act and shall be disposed of in accordance with the provisions of this Act.
2. (4)Any appointment, notification, notice, order, rule or form made or issued under the Bombay Tenancy Act, 1939, shall continue to be inforce and deemed to have been made or issued under the provisions of this Act, in so far as such appointment, notification, notice, order, rule or form is not inconsistent with the provisions of this Act or rules made thereunder and shall continue to be in foce unless and until it is superseded by any appointment, notification, notice, order, rule or form made or issued under this Act. 1[90. The enactments specified in Schedule II shall be amended to the extent mentioned in the fourth column thereof.]

Year No. Short title Extent of repeal 1939XXIXThe 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–

1. (a)he has held such land continuously for a period of not less than six years immediately preceding either–
   1. (i)the first day of January 1938, or
   2. (ii)the first day of January 1945, and 1. This section was inserted by Bom. 13 of 1956, s. 50. 2. This Schedules was numbered as "Schedule 1", ibid., s. 51. Bom. XXIX of 1939. Enactments amended. Protected tenants.

1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 99