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The Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
The Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Delimitation of local areas.
Section 34. Determination of family holding.
Section 4
Chapter V
5. Application of Chapter V of Transfer of Property Act.
Section 56. Persons deemed to be tenants.
Section 68. Record of rights of ordinary tenants.
Section 89. Tenancy not to be terminated by efflux of time.
Section 910. Restoration of possession to tenants dispossessed after 1st January 1953 in certain circumstances.
Section 1011. Maximum rent.
Section 1112. Rent.
Section 1213. Commutation of rent in crop share into cash rent.
Section 1314. Prohibition for receiving rent in terms of service or labour.
Section 1415. Refund of rent recovered in contravention of provisions of the Act and other penalties.
Section 1516. Abolition of all cesses, etc.
Section 1617. Liability of tenants to pay land and canal revenue and cesses.
Section 1718. Suspensions or remissions of rent.
Section 1819. Termination of vacancy.
Section 1920. Termination of tenancy by surrender thereof.
Section 2021. Land or portion thereof which landlord is not entitled to retain on surrender to be declared as surplus.
Section 2122. Bar to eviction from dwelling house.
Section 2223. Tenant to be given first option of purchasing site on which he has built a dwelling house.
Section 2324. Power to apply to sections 22 and 23 to dwelling houses occupied by agricultural labourers, etc.
Section 2425. Tenant's rights to trees planted by him.
Section 2526. Right of produce of naturally growing trees.
Section 2627. Tenants responsible for maintenance of boundary marks.
Section 2728. Repairs of protective bunds.
Section 2829. Relief against termination of tenancy in certain cases.
Section 2930. Relief against termination of tenancy for non-payment of rent.
Section 3031. Tenancy to be in abeyance during usufructuary mortgage in favour of tenant.
Section 3132. Receipts for rent.
Section 3233. Sub-division, sub-letting and assignment prohibited.
Section 3334. Bar to attachment seizure or sale by process of court.
Section 3435. Where land is sold for recovery of loan advanced under any law the right of tenant to stand extinguished.
Section 3536. Procedure of taking possession.
Section 3637. Rights and privileges of tenants not to be affected.
Section 3738. Termination of tenancy by landlord for cultivating land personally.
Section 3840. Provisions to section 38 not to affect right of tenants to purchase land.
Section 3841. Right of tenant to purchase land.
Section 4142. Extent of land which tenant may purchase under section 41.
Section 4143. Tenant to make an offer, determination of purchase price, mode of payment, etc.
Section 4344. Amount of purchase price to be applied towards satisfaction of debts.
Section 4446. Transfer of ownership of land to tenants from specified debts.
Section 4647. Purchase price.
Section 4748. Tribunal to determine the extent of land transferred to tenant and purchase price thereof.
Section 4849. Provisions of sections 43, 44 and 45, to apply to transfer of ownership under section 46.
Section 4650. Right of tenant holding land under tenancy created after specified date to purchase land.
Section 5051. Rights of tenants to exchange land.
Section 5152. Landlord to restore possession if he fails to cultivate within one year.
Section 5253. Circumstances in which landlord shall be deemed to cultivate personally.
Section 5354. Rights of tenants to be heritable.
Section 5455. Compensation for improvement made by tenant.
Section 5556. Tenant's right to erect farm-house.
Section 5657. Restriction on transfers of land purchased or sold under this Act.
Section 5757A. Definition.
Section 57A57B. Rights of landlord to terminate tenancy.
Section 57B57C. Transfer of pending proceedings to Collector and State Government.
Section 57C57D. Right of tenant to purchase land from landlord.
Section 57D57E. Saving.
Section 57E58. Some of the provisions not to apply to leases of land obtained by industrial or commercial undertakings certain co-operative societies or for cultivation of sugarcane, fruits, flowers, etc.
Section 5859. Reasonable rent of land to which section 58 applies.
Section 5860. Certain provisions not to apply to municipal areas.
Section 6061. Termination of tenancy.
Section 6162. Power to assume management of land holder's holding.
Section 6263. Vesting of holding in management.
Section 6364. Effect of declaration of management.
Section 6465. Manager's powers.
Section 6566. Manager to pay costs of management, etc.
Section 6667. Notice to claimants.
Section 6768. Claim to contain full particulars.
Section 6869. Claim not duly notified to be barred.
Section 6970. Determination of debts and liabilities.
Section 7071. Power to rank debts and fix interest.
Section 7172. Scheme for liquidation.
Section 7273. Provisions of scheme.
Section 7374. Effects of sanctioning Scheme.
Section 7475. Power to remove mortgagee in possession.
Section 7576. Power to sell or lease.
Section 7677. Manager's receipt for a discharge.
Section 7778. Death of landholder not to affect management.
Section 7879. Termination of management.
Section 7980. Manager deemed to be public servant.
Section 8082. Appointment of manager.
Section 8283. Provisions which shall have effect during management.
Section 8384. Order of priority for leasing out surplus lands.
Section 8485. Termination of management and the consequences thereof.
Section 8586. Period of management to be excluded in computing period of limitation.
Section 8687. Manager to be public servant.
Section 8789. Transfers to non-agriculturists barred.
Section 8990. Reasonable price of land for the purpose of its sale or purchase.
Section 9091. Sale of agricultural land to particular person.
Section 9192. Acquisition of holding or land under management or interest therein.
Section 9293. Construction of water course through land belonging to other person.
Section 9394. Failure to pay rent and to keep water course in good repair.
Section 9495. Removal or discontinuance of water course.
Section 9596. Neighbouring holder entitled to use surplus water on payment of rate.
Section 9697. Tribunal.
Section 9798. Dates of Tribunal.
Section 9899. Powers of Tribunal.
Section 99100. Duties of [Mamlatdar] .
Section 100101. Commencement of proceedings.
Section 101102. Procedure.
Section 102103. Power of Collector to transfer proceedings.
Section 103104. Application for possession of land made to different [Mamlatdars] to be heard by designated [Mamlatdar] .
Section 104106. Execution of order for payment of money or for restoring possession.
Section 106107. Appeals.
Section 107108. Powers of Collector to transfer and withdraw appeals.
Section 108109. Appeals against award of Collector.
Section 109110. Revisional powers of Collector.
Section 110111. Revision.
Section 111112. Court-fees.
Section 112113. Orders in appeal or revision.
Section 113114. Limitation.
Section 114115. Inquiries and proceedings to be judicial proceedings.
Section 115116. Pleaders, etc. excluded from appearance.
Section 116117. Offences and penalties.
Section 117Section 13
Section 13Section 14
Section 14Section 16
Section 16Section 32
Section 32Section 36
Section 36Section 93
Section 93118. Rules.
Section 118119. Delegation of powers.
Section 119119B. Acquisition of land under invalid transfer or partition to be invalid.
Section 119B120. Summary eviction.
Section 120122. Disposal of land, transfer, or acquisition of which is invalid.
Section 122123. Leases of land liable to be disposed of under section 122.
Section 122124. Bar of jurisdiction.
Section 124125. Suits involving issues required to be decided under this Act.
Section 125126. Control.
Section 126127. Indemnity.
Section 127128. Act not to apply to certain lands and areas.
Section 128129. Exemption from certain provisions to lands held by local authorities, Universities, etc.
Section 129
Chapter VI
130. Certain provisions of the Act not to apply to holdings and lands assumed under management under Chapter VI of VII.
Section 130131. Power of Government to withdraw exemption.
Section 131133. Enactments amended.
Section 133
the-bombay-tenancy-and-agricultural-lands-vidarbha-region-and-kutch-area-act-1958.json
•
137 Sections
•
Gujarat
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"id": 16746,
"slug": "the-bombay-tenancy-and-agricultural-lands-vidarbha-region-and-kutch-area-act-1958",
"title": "The Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958",
"short_title": "The Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958",
"act_number": "Bombay Act No. 99 of 1958",
"act_year": 1958,
"act_type": "STATE",
"location": "Gujarat",
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"description": "The Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958",
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"number": "1",
"title": "1. Short title, extent and commencement.",
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(1) \"agriculture\" includes-\n(a) the raising of annual or periodical crops and garden produce,\n(b) horticulture,\n(c) the planting and upkeep of orchards,\n(d) the reserving or using of land for fodder, or thatching grass, and\n(e) the use by an agriculturist of the land held by him or a part thereof for grazing of his own cattle, but does not include allied pursuits or the cutting of wood only;\n(2) \"agricultural labourer\" means a person whose principal means of livelihood is manual labour on land;\n(3) \"agriculturist\" means a person who cultivates land personally;\n(4) \"allied pursuits\" means dairy farming, poultry farming, breeding of livestock, grazing (other than the pasturage of one's own agricultural cattle) and such other pursuits as may be prescribed;\n(5) \"appointed day\" means the 20th day of August, 1958;\n(6) \"Collector\" includes an Additional Collector and an Assistant or Deputy Collector performing the duties and exercising the powers of a Collector under the Code [or any other officer specially empowered by the State Government to perform the functions of the Collector under this Act] ;\n[(7) \"Code\" means the Bombay Land Revenue Code, 1879 as extended to the Kutch area of the [State of Gujarat] ;\n(8) [***]\n(9) \"co-operative society\" means a society registered under the provisions of [the Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925);]\n(10) \"co-operative farming society\" means a society registered as such under [the Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925);]\n(11) \"to cultivate\" means to carry on any agricultural operation;\n(12) \"to cultivate personally\" means to cultivate on one's own account-\n(i) by one's own labour, or\n(ii) by the labour of any member of one's \"family, or\n(iii) under the personal supervision of oneself or of any member of one's family by hired labour or by servants on wages payable in cash or kind but not in crop share.\nExplanation 1.\nExplanation II.\n(13) \"family holding\" in relation to any local area constituted under Section 3 means a family holding determined under under Section 4 in respect of lands situate in that local area;\n(14) \"fragment\" means a fragment as defined in sub-section (4) of Section 2 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947);\n(15) \"improvement\" means, with reference to a holding, any work which adds to the letting value of the holding which is suitable thereto and consistent with the purpose for which it is held and which, if not executed on the holding, is either, executed directly for its benefit or is, after execution, made directly beneficial to it; and, subject to the foregoing provisions, includes-\n(a) the construction of tanks, wells, water-channels, embankments and other works for storage, supply or distribution of water for agricultural purposes;\n(b) the construction of works for the drainage of land or for the protection of land from floods, or from erosion or other damage from water;\n(c) the planting of trees and the reclaiming, clearing, enclosing, levelling or terracing of land;\n(d) the erection of buildings on or in the vicinity of the holding, elsewhere than in the abadi or urban area, required for the convenient or profitable use or occupation of the holding; and\n(e) the renewal or reconstruction of any of the foregoing works, or alterations therein or addition thereto;\n(i) temporary wells and such water-channels, embankments, levellings, enclosures or other works, or petty alterations in, or repairs to, such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture; or\n(ii) any work which substantially diminishes the value of any land, wherever situated, in the occupation of any other person, whether as [owner] or tenant;\n(16) \"joint family\" means an undivided Hindu family and in the case of other persons a group of unit the members of which by custom or usage are joint in estate or residence;\n(17) \"land\" means-\n(a) land which is used or capable of being used for agricultural purposes and includes the sites of farm buildings appurtenant to such land; and\n(b) for the purposes of Sections 16, 22, 23, 24, 25, 26, 32, 34, 36, 37, 55, [57,] 89, 91, 121 and 122.\n(i) the sites of dwelling houses occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses;\n(ii) the sites of structures used by agriculturists for allied pursuits;\n(18) \"landholder\" means [an occupant or a superior holder] whom the State Government has declared on account of the extent and value of the land or his interests therein to be a landholder for the purposes of this Act;\n(19) \"landless person\" means a person who holding no land for agricultural purposes, whether as [an owner] or tenant earns his livelihood principally by manual labour and intends to take to the profession of agriculture and is capable of cultivating land personally;\n[(19-A) 'owner' means a person who holds as occupant or superior holder land which is in his actual possession;]\n[(20) \"permanent tenant\" means a person deemed to be a permanent tenant under Section 7;]\n(21) \"person\" includes joint family;\n(22) \"physical or mental disability\" means physical or mental disability by reason of which the person subject to such disability is incapable of cultivating land by personal labour or supervision;\n(23) \"prescribed\" means prescribed by rules made under this Act;\n(24) \"profits of agriculture\" in respect of any land means the balance remaining with the holder after deducting from the gross produce the cost of cultivation estimated by taking into account the following elements, namely:-\n(a) the depreciation of stock and buildings,\n(b) the money equivalent of the holder's and his family's labour and supervision,\n(c) all other expenses usually incurred in cultivation on the land, and\n(d) interest on the cost of buildings and stock and on expenditure for seed and manure, and on cost of agricultural operations paid for in cash;\n(25) [****]\n(26) \"rent\" means any consideration, in money or kind or both, paid or payable by a tenant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour;\n(27) \"scheduled area\" means an area declared to be a scheduled area under paragraph 6 of the Fifth Schedule to the Constitution of India;\n(28) \"serving member of the armed forces\" means a person in the service of the armed forces of the Union : provided that if a question arises whether any person is a serving member of the armed forces of the Union, such question shall be decided by the State Government, and its decision shall be final;\n(29) \"small-holder\" means an agriculturist cultivating land, less in area than a family holding who earns his livelihood principally by agriculture or by agricultural labour;\n[(30) \"Mamlatdar\" includes a Mahalkari and any other person whom the State Government may appoint to perform the duties of a Mamlatdar under this Act:]\n(31) \"tenancy\" means the relationship of landlord and tenant;\n(32) \"tenant\" means a person who holds land on lease and includes-\n(a) a person who is deemed to be a tenant under Section 6, [*] or 8.\n[(b) a person who is a permanent tenant;]\n(33) \"Tribunal\" means the Agricultural Lands Tribunal constituted under Section 97;\n(34) words and expressions used in this Act but not defined shall have the meanings assigned to them in the Code and the Transfer of Property Act, 1882 (IV of 1882), as the case may be;\n[(35) References to the Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925) and the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXVII of 1947) shall be construed as references to those Acts as extended to the Kutch area of the [State of Gujarat] .",
"footnote": "",
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{
"number": "3",
"title": "3. Delimitation of local areas.",
"chapter": null,
"content": "",
"footnote": "",
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{
"number": "4",
"title": "4. Determination of family holding.",
"chapter": null,
"content": "(a) The extent of land which a family of five persons including the agriculturist himself would normally cultivate under the existing conditions of agricultural technique and practice with the aid of a pair of bullocks shall first be determined for all or any class of land in each local area.\n(b) The extent of land so determined may be varied having regard to the following factors :-\n(i) the situation of land;\n(ii) its productive capacity;\n(iii) the soil and climate characteristics;\n(iv) the fact that the land is located in the scheduled area;\n(v) such minimum limit of net annual income from the land as may be prescribed;\n(vi) any other factors which may be prescribed.\n(c) The area so determined shall be the family holding.\nChapter II\nGeneral Provisions Regarding Tenancies",
"footnote": "",
"is_definition": false,
"sort_order": 3
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{
"number": "5",
"title": "5. Application of Chapter V of Transfer of Property Act.",
"chapter": "Chapter V",
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Persons deemed to be tenants.",
"chapter": null,
"content": "(a) a member of the owner's family, or\n(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\n(c) a mortgagee in possession.\n[7. Permanent tenants.\n(a) on the date of the commencement of this Act, or\n(b) in pursuance of orders issued during the course of any proceedings under the Code,\n(i) before the commencement of this Act, or\n(ii) after the commencement of this Act in cases in which inquiries were pending at the commencement of this Act, or\n(c) in pursuance of an order issued by the Mamlatdar under sub-section (3).\n(a) who on the date of the commencement of this Act, was holding any land and cultivating it personally, and\n(b) who and whose predecessors-in-title, if any, wee immediately before that date for such continuous period aggregating to a total continuous period of twelve years or more, holding the same land or any other land as a tenant under the same landlord and cultivating it personally, shall, unless it is proved by the landlord that he would not have been a permanent tenant on the basis of continued possession of the land under clause (b), be also deemed to be a permanent tenant of the land.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "8",
"title": "8. Record of rights of ordinary tenants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "9",
"title": "9. Tenancy not to be terminated by efflux of time.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "10",
"title": "10. Restoration of possession to tenants dispossessed after 1st January 1953 in certain circumstances.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "11",
"title": "11. Maximum rent.",
"chapter": null,
"content": "[(a) four times the full assessment levied or leviable under the Code in respect of the land; or\n(b) the existing rent in respect of the land; whichever is less.]",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "12",
"title": "12. Rent.",
"chapter": null,
"content": "(i) reduce the rent, if he is satisfied that on account of the deterioration of the land by flood, or other cause beyond the control of the tenant, the land has been wholly or partially rendered unfit for cultivation, or\n(ii) subject to the provisions of [clause (a) of Section 11,] enhance the rent, if he is satisfied that on account of any improvement made in the land, at the expense of the landlord, there has been an increase in the agricultural produce thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "13",
"title": "13. Commutation of rent in crop share into cash rent.",
"chapter": null,
"content": "(b) Once a tenant pays rent in cash under clause (a), the rent in crop share shall be deemed to have been commuted into cash rent and no rent shall thereafter be recoverable in crop share.]",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "14",
"title": "14. Prohibition for receiving rent in terms of service or labour.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "15",
"title": "15. Refund of rent recovered in contravention of provisions of the Act and other penalties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "16",
"title": "16. Abolition of all cesses, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "17",
"title": "17. Liability of tenants to pay land and canal revenue and cesses.",
"chapter": null,
"content": "(a) the land revenue in accordance with the provisions of the Code;\n[(b) ***]\n[(c) the cess levied under Section 93 of the Bombay Local Boards Act, 1923 as extended to the Kutch area of the [State of Gujarat] ;]\n[(d) the cess levied under Section 127 of the Bombay Village Panchayats Act, 1958 (Bombay Ill of 1959)] ;\n(i) the land revenue payable by a-tenant under clause (a) of sub-section (1),\n(ii) the cess payable by him under clauses (c) and (d) of sub-section (1), and\n(iii) the rent payable by him to the landlord under Sections 12, 13 or 14, as the case may be, for any year exceeds the value of one-sixth of the produce of such land in that year as determined in the prescribed manner the tenant shall be entitled to deduct from the rent for that year the amount so in excess, and the quantum of rent payable by the tenant to his landlord for that year shall be deemed to have been reduced to the extent of such deductions.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "18",
"title": "18. Suspensions or remissions of rent.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "19",
"title": "19. Termination of vacancy.",
"chapter": null,
"content": "(I) unless such tenant-\n(a) (i) has failed to pay in any year, before the 31st day of March of that year, the rent of such land for that year, or\n(ii) if an application for the determination of reasonable rent is pending before the [Mamlatdar] under Section 12, has failed to deposit within thirty days from the aforesaid date with the [Mamlatdar] , a sum equal to the amount of rent which he would have been liable to pay for that year if no such application had been made, or\n(iii) in case the reasonable rent determined under Section 12 is higher than the sum deposited by him, has failed to pay the balance due from him within two months from the date of the decision of the [Mamlatdar] ;\n(b) has done any act which is destructive or permanently injurious to the land;\n(c) has sub-divided the land in contravention of Section 33;\n(d) has sub-let [or assigned] the land or failed to cultivate it personally; or\n(e) has used such land for a purpose other than agriculture [or allied pursuits;] and\n(II) unless the landlord has given three months' notice in writing informing the tenant of his decision to terminate the tenancy and the particulars of the ground for such termination and within that period the tenant has failed to remedy the breach for which the tenancy is liable to be terminated.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "20",
"title": "20. Termination of tenancy by surrender thereof.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "21",
"title": "21. Land or portion thereof which landlord is not entitled to retain on surrender to be declared as surplus.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "22",
"title": "22. Bar to eviction from dwelling house.",
"chapter": null,
"content": "(a) the landlord proves that the dwelling house was not built at the expense of such tenant or his predecessor in-title; and\n(b) such tenant makes three defaults in the payment of rent, if any, which he has been paying for the use and occupation of such site.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "23",
"title": "23. Tenant to be given first option of purchasing site on which he has built a dwelling house.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "24",
"title": "24. Power to apply to sections 22 and 23 to dwelling houses occupied by agricultural labourers, etc.",
"chapter": null,
"content": "(a) to the dwelling houses or sites thereof occupied by agricultural labourers and artisans; or\n(b) to the lands held on lease by persons carrying on an allied pursuit for the purpose of such pursuit, in any particular area specified in the notification.",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "25",
"title": "25. Tenant's rights to trees planted by him.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "26",
"title": "26. Right of produce of naturally growing trees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "27",
"title": "27. Tenants responsible for maintenance of boundary marks.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "28",
"title": "28. Repairs of protective bunds.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "29",
"title": "29. Relief against termination of tenancy in certain cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "30",
"title": "30. Relief against termination of tenancy for non-payment of rent.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "31",
"title": "31. Tenancy to be in abeyance during usufructuary mortgage in favour of tenant.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "32",
"title": "32. Receipts for rent.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "33",
"title": "33. Sub-division, sub-letting and assignment prohibited.",
"chapter": null,
"content": "(i) if he is a member of a joint family, the surviving members of the said family, and\n(ii) if he is not a member of a joint family, his heirs,\n(a) each sharer shall hold his share as a separate tenant,\n(b) the rent payable in respect of the land leased shall be apportioned among the sharers, as the case may be, according to the share allotted to them,\n(c) the area allotted to each sharer shall not be less than the unit which the State Government may, by general or special order, specify in this behalf having regard to the productive capacity and other circumstances relevant to the full and efficient use of the land for agriculture,\n(d) if such area is less than the unit referred to in clause (c), the sharers shall be entitled to enjoy the income jointly, but the land shall not be divided by metes and bounds,\n(e) if any question arises regarding the apportionment of the rent payable by the shares, it shall be decided by the [Mamlatdar] whose decision shall be final.\n(a) who is a widow, minor or a person subject to any physical or mental disability, or a serving member of the armed forces, to sub-let such land held by her or him as a tenant; or\n(b) who is a member of a co-operative farming society and as such member to sub-let, assign, mortgage or to create a charge on his interest in the land in favour of such society [or in consideration of a loan advanced by any person authorised under Section 54 of the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXVIII of 1947)] .",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "34",
"title": "34. Bar to attachment seizure or sale by process of court.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "35",
"title": "35. Where land is sold for recovery of loan advanced under any law the right of tenant to stand extinguished.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "36",
"title": "36. Procedure of taking possession.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "37",
"title": "37. Rights and privileges of tenants not to be affected.",
"chapter": null,
"content": "Chapter III\nTermination of Tenancies by Landlords and Special Rights of Tenants\n(1) Termination of tenancy for personal cultivation\n(1) Termination of tenancy for personal cultivation",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "38",
"title": "38. Termination of tenancy by landlord for cultivating land personally.",
"chapter": null,
"content": "(a) a minor,\n(b) a widow,\n[***] . or\n(d) a person subject to any physical or mental disability, then, if he has not given a notice and made an application as required by sub-section (1), such notice may be given and such application may be made-\n(A) by the landlord within one year from the date on which-\n(i) in the case of category (a) he attains majority;\n[***] (iii) in the case of category (d) he ceases to be subject to such physical or mental disability; and (B) in the case of a widow by the successor-in-title within one year from the date on which the widow's interest in the land ceases to exist: 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 that sub-section unless the share of such person in the joint family has been separated by metes and bounds before the prescribed date and the [Mamlatdar] on inquiry is satisfied that the share of such person in the land is separated, having regard to the area, assessment, classification and value of the land, in the same proportion as the share of that person in the entire joint family property, and not in a larger proportion:\n(iii) in the case of category (d) he ceases to be subject to such physical or mental disability; and\n(B) in the case of a widow by the successor-in-title within one year from the date on which the widow's interest in the land ceases to exist:\n(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 three family holdings.\n(b) If the land cultivated by him personally is less than three family holdings, 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 three family holdings.\n(c) The income by the cultivation of the land of which he is entitled to take possession is the principal source of income for his maintenance.\n(d) The land leased stands in the record of rights or in any public record or similar revenue record on the 1st day of August 1957 and thereafter during the period between the said date and the date of the commencement of this Act in the name of the landlord himself or any of his ancestors [but not of any other predecessor-in-title from whom title is derived, whether by assignment of Court sale or otherwise] , or if the landlord is a member of a joint family in the name of a member of such family.\n(e) If more tenancies than one are held under the same landlord, then the landlord shall be competent to terminate only the tenancy or tenancies which the entire land leased by him,\n(a) in such manner as will result in leaving with a tenant, after termination, less than half the area of the land leased to him:\n(b) in such a manner as will result in a contravention of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947) or making any part of the land leased a fragment within the meaning of that Act,\n(c) if the tenant has become a member of a co-operative farming society and so long as he continues to be such member, or\n(d) if the tenant is a co-operative farming society.\n39.",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "38",
"title": "40. Provisions to section 38 not to affect right of tenants to purchase land.",
"chapter": null,
"content": "(2) Right of tenant to purchase land\n(2) Right of tenant to purchase land",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "41",
"title": "41. Right of tenant to purchase land.",
"chapter": null,
"content": "(a) a minor,\n(b) a widow,\n[***,] or\n(d) a person subject to any physical or mental disability, such tenant shall be entitled to purchase the landlord's interest under this section after the expiry of two years from the date on which-\n(i) the landlord of category (a) attains majority.\n(ii) [***]\n(iii) the landlord of category (d) ceases to be subject to such disability, and\n(iv) the interest of the landlord of category (b) in the land ceases to exist:",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "41",
"title": "42. Extent of land which tenant may purchase under section 41.",
"chapter": null,
"content": "(a) if the tenant does not hold and cultivate personally any land, as [an owner] the purchase of the land by him shall be limited to the extent of three family holdings;\n(b) if the tenant holds and cultivates personally any land as [an owner] the purchase of the land by him shall be limited to such area as will be sufficient to make up the area of the land held by him as [an owner] to the extent of three family holdings;\n(c) the extent of the land remaining with the landlord after the purchase of the land by the tenant whether to cultivate personally or otherwise shall not be less than one family holding.",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "43",
"title": "43. Tenant to make an offer, determination of purchase price, mode of payment, etc.",
"chapter": null,
"content": "(i) in the case of a permanent tenant an amount equal to six times the rent and in the case of any other tenant an amount not exceeding twelve times the rent, payable by the tenant; and\n(ii) the depreciated value of any structures, wells and embankments constructed and permanent fixtures made and the value of any trees planted on the land by the landlord during the period of thirty years before the commencement of this Act, if the purchase is by a tenant other than a permanent tenant, and\n(iii) the amount of the arrears of rent, if any, lawfully due on the day on which the offer is made.]\n(b) Where the tenant is entitled to purchase a part of the land held by him as tenant, he shall, subject to the rules made by the State Government in this behalf, choose the area and location of the land to be purchased from the landlord and state in the offer the part which he has so chosen for being purchased:\n[(a) in the case of a permanent tenant, an amount equal to six times the rent and in the case of any other tenant an amount not exceeding twelve times the rent, payable by the tenant,\n(aa) the depreciated value of any structures, wells and embankments constructed and permanent fixtures made and the value of any trees planted on the land by the landlord during the period of thirty years before the commencement of this Act, if the purchase is by a tenant other than a permanent tenant, and]\n(b) the amount of the arrears of rent, if any, determined by the Tribunal as lawfully due on the date on which the tenant has made an application under sub-section (2).]\n(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:\n(ii) if he is not a permanent tenant, shall deposit with the Tribunal the entire amount of the price-\n(a) either in lump sum within one year from such date, or\n(b) in such annual instalments not exceeding twelve with simple interest, at the rate of 4½ per cent, per annum on or before such date, as may be fixed by the Tribunal; and the Tribunal shall direct that the amount deposited in lump sum or the amount of instalments deposited shall subject to the provisions of Section 44 be paid to the landlord.]",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "44",
"title": "44. Amount of purchase price to be applied towards satisfaction of debts.",
"chapter": null,
"content": "(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;\n(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:\n(b) If the total amount of the encumbrances is more than the amount so ` determined, the purchase price in lump sum or the instalments, as the case may be, shall be distributed in the order of priority. If any person has a right to receive maintenance or alimony from the profits of the land, the Tribunal shall also make deductions for payment out of the purchase price.\n45.\n(3) Compulsory transfer of ownership of land to tenants\n(3) Compulsory transfer of ownership of land to tenants",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "46",
"title": "46. Transfer of ownership of land to tenants from specified debts.",
"chapter": null,
"content": "(a) a minor,\n(b) a widow,\n(c) a serving member of the armed forces, or\n(d) a person subject to any physical or mental disability, the ownership of the land shall stand transferred-\n(i) to the tenant on the expiry of one year from the date on which the tenant of category (a) attains majority, the tenant of category (c) ceases to serve in such force, the tenant of category (d) ceases to be subject to such disability; and\n(ii) in the case of a widow to her successor-in-title on the expiry of one year from the date on which the widow's interest in the land ceases to exist:",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "47",
"title": "47. Purchase price.",
"chapter": null,
"content": "[(1) The aggregate shall be taken of the following amounts, that is to say,-\n(i) an amount equal to six times the rent of the land in the case of a permanent tenant and not exceeding twelve times the rent in the case of any other tenant;\n(ii) the amount of the arrears of rent, if any, lawfully due on the date on which the ownership of the land stands transferred to the tenant under Section 46;\n(iii) the depreciated value of any structures, wells and embankments constructed and other permanent fixtures made and trees planted by the landlord on the land during the period of thirty years before the commencement of this Act, if the purchase is by a tenant other than a permanent tenant;\n(iv) the amounts, if any, paid by or recovered from the landlord as land revenue and cesses referred to in sub-section (1) of Section 17 in the event of the failure on the part of the tenant to pay the same.]\n(2) Where a tenant to whom sub-section (3) of Section 17 applies, has, after the commencement of this Act, paid in respect of the land held by him as tenant land revenue and other cesses referred to in sub-section (1) of that section, on account of the failure of the landlord to pay the same, a sum equal to the total amounts so paid by the tenant until the date of the determination of the purchase price shall be deducted from the aggregate of the amount determined under Clause (1).\n(3) (a) On the aggregate amount arrived at in accordance with the provisions of Clauses (1) and (2) there shall be calculated interest at 4½% p.a. for the period between the date on which the ownership of the land stands transferred to and vests in the tenant under Section 46 and the date of the determination of the purchase price.\n(b) (i) The amount of interest so calculated shall be added to the aggregate amount so arrived at, and (ii) the amount of rent, if any, paid by the tenant to the landlord and the value of any products of trees planted by the landlord if such products are removed by the landlord during the said period shall be deducted from the aggregate amount so arrived at.",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "48",
"title": "48. Tribunal to determine the extent of land transferred to tenant and purchase price thereof.",
"chapter": null,
"content": "(a) all tenants to whom the ownership of land stands transferred under Section 46,\n(b) all landlords of such lands, and\n(c) all other persons interested therein;\n(a) the land which stands transferred to and vests in him under Section 46, and\n(b) the purchase price thereof, in accordance with Section 47 :",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "46",
"title": "49. Provisions of sections 43, 44 and 45, to apply to transfer of ownership under section 46.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "50",
"title": "50. Right of tenant holding land under tenancy created after specified date to purchase land.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "51",
"title": "51. Rights of tenants to exchange land.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "52",
"title": "52. Landlord to restore possession if he fails to cultivate within one year.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "53",
"title": "53. Circumstances in which landlord shall be deemed to cultivate personally.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "54",
"title": "54. Rights of tenants to be heritable.",
"chapter": null,
"content": "(a) if such tenant was a member of an undivided Hindu family, to the surviving members of the said family, and\n(b) if such tenant was not a member of an undivided Hindu family, to his heirs, on the same terms and conditions on which such tenant was holding at the time of his death.",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "55",
"title": "55. Compensation for improvement made by tenant.",
"chapter": null,
"content": "(a) the amount by which the value of the land is increased by the improvement;\n(b) the present condition of the improvement and the probable duration of its effects;\n(c) the labour and capital provided or spent by the tenant for the making of the improvement; and\n(d) any reduction or remission of rent or other advantage allowed to the tenant by the landlord in consideration of the improvement including permanent fixtures.",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "56",
"title": "56. Tenant's right to erect farm-house.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "57",
"title": "57. Restriction on transfers of land purchased or sold under this Act.",
"chapter": null,
"content": "(a) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955);\n(b) any subsidiary bank as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);\n(c) any corresponding new bank as defined in clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970);\n(d) the Agricultural Refinance and Development Corporation, established under the Agricultural Refinance and Development Corporation Act, 1963 (10 of 1963).]\n[Chapter IIIA]\nSpecial Provisions for Termination of Tenancy by Landlords who are or have been serving members or the Armed Forces; and for Purchase of Their Lands by Tenants",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "57A",
"title": "57A. Definition.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": true,
"sort_order": 54
},
{
"number": "57B",
"title": "57B. Rights of landlord to terminate tenancy.",
"chapter": null,
"content": "(a) of so much of such land as will be sufficient to make up the to all land in his actual possession equal to three family holdings; and\n(b) where the landlord is a member of a joint family, only to the extent of his share in the land (not exceeding three family holdings) 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 proportion as his share in the entire joint family property, and not in a larger proportion.\n(a) from the date of such cessor or as the case may be, death, or\n(b) from the date of the commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965 (Gujarat 24 of 1965) whichever event occurs later.\n(a) apply to a tenancy of land created (after obtaining possession thereof under the provisions of this Chapter) by a landlord who has ceased to be serving member of the armed forces; but the provisions of Section 50 shall apply to such tenancy as they apply in relation to a tenancy created after the date referred to in sub-section (1) of Section 46;\n(b) entitle a landlord who has ceased to be a serving member of the armed forces (as a result of his being duly dismissed or discharged after a court martial or on account of bad character or as a result of desertion) or who has not been attested, to terminate the tenancy of his land under this section.",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "57C",
"title": "57C. Transfer of pending proceedings to Collector and State Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "57D",
"title": "57D. Right of tenant to purchase land from landlord.",
"chapter": null,
"content": "(a) where the landlord fails to make an application as required by Section 57B, the land so held by him, and\n(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 57B.",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "57E",
"title": "57E. Saving.",
"chapter": null,
"content": "Chapter IV\nSpecial Provisions for lands held on Lease by Industrial or Commercial Undertakings and by certain Persons for the Cultivation of Sugarcane and other notified agricultural Produce",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "58",
"title": "58. Some of the provisions not to apply to leases of land obtained by industrial or commercial undertakings certain co-operative societies or for cultivation of sugarcane, fruits, flowers, etc.",
"chapter": null,
"content": "(a) lands 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 on any industrial or commercial operations and which is approved by the State Government;\n(b) land leased to or held by bodies or persons for coffee plantation approved by the State Government;\n(c) leases of land granted to any bodies or persons other than those mentioned in clause (a) or (b) for the cultivation of sugracane or the growing of fruit trees or fruits or flowers or vegetables or betel leaves or for the breeding of livestock;\n(d) to lands held or leased by such co-operative societies as are approved in the prescribed manner by the State Government which have for their objects the improvement of the economic and social conditions of peasants or ensuring the full and efficient use of land for agricultural and allied pursuits.\n(a) the duration of the lease;\n(b) the improvements to be made on the land and the formation of cooperative framing societies for that purpose and financial assistance to such societies;\n(c) the payment of land revenue [* *] local fund cess and any other charges payable to the State Government or any local authority; or\n(d) any other matter referred to in sections mentioned in sub-section (1).",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "58",
"title": "59. Reasonable rent of land to which section 58 applies.",
"chapter": null,
"content": "(a) profits of agriculture of similar lands in the locality.\n(b) prices in the locality of the particular crop for the growing of which the land is leased.\n(c) the improvements made in the land by the lessee or the landlord.\n(d) the assessment payable in respect of land.\n(e) the profits realised by the lessee on account of the lease of the land,\n(f) profits earned by an industrial or commercial undertaking by the manufacture or sale of articles made out of the produce of the land leased,\n(g) such other factors as may be prescribed.\nChapter V\nSpecial Provisions in Respect of Areas within the Limits of A Municipality",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "60",
"title": "60. Certain provisions not to apply to municipal areas.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "61",
"title": "61. Termination of tenancy.",
"chapter": null,
"content": "Chapter VI\nManagement of Holdings Held by Landholders",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "62",
"title": "62. Power to assume management of land holder's holding.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "63",
"title": "63. Vesting of holding in management.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "64",
"title": "64. Effect of declaration of management.",
"chapter": null,
"content": "(1) All proceedings then pending in any civil court in respect to the debts and liabilities enforceable against the holding 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;\n(2) So long as the management continues no fresh proceedings, processes, executions or attachment shall be instituted in or issued, enforced or executed by any civil court in respect of such debts and liabilities;\n(3) So long as the management continues the holder of the holding shall be incompetent-\n(a) to enter into any contract involving the holding in pecuniary liability,\n(b) to mortgage, charge, lease or alienate the property under management or any part thereof, or\n(c) to grant valid receipts for the rents and profits arising or accruing therefrom:",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "65",
"title": "65. Manager's powers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "66",
"title": "66. Manager to pay costs of management, etc.",
"chapter": null,
"content": "(i) the costs of management including the costs of necessary repairs;\n(ii) the Government revenue and all debts and liabilities for the time being due or incurred to the Government in respect of the property under management;\n(iii) the rent, if any due to any superior holder in respect of the said holding;\n(iv) such periodical allowance as the Collector may from time to time fix for the maintenance and other expenses of the holder and of such members of his family as the Collector directs;\n(v) the costs of such improvements of the said holding as he thinks necessary and as approved by the Collector.",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "67",
"title": "67. Notice to claimants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "68",
"title": "68. Claim to contain full particulars.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "69",
"title": "69. Claim not duly notified to be barred.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "70",
"title": "70. Determination of debts and liabilities.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "71",
"title": "71. Power to rank debts and fix interest.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "72",
"title": "72. Scheme for liquidation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "73",
"title": "73. Provisions of scheme.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "74",
"title": "74. Effects of sanctioning Scheme.",
"chapter": null,
"content": "(i) all proceedings, processes, executions and attachments stayed or suspended under Section 64 shall be for ever barred;\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "75",
"title": "75. Power to remove mortgagee in possession.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "76",
"title": "76. Power to sell or lease.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "77",
"title": "77. Manager's receipt for a discharge.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "78",
"title": "78. Death of landholder not to affect management.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 79
},
{
"number": "79",
"title": "79. Termination of management.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "80",
"title": "80. Manager deemed to be public servant.",
"chapter": null,
"content": "[80A. Assumption of management of lands which remained cultivated.\nChapter VII\nAssumption of Management of Surplus Lands\n[81. Assumption of management of surplus land and payment of compensation therefor.\n(i) Preliminary loss due to assumption of management;\n(ii) expenses on account of vacating the land, the management of which has been assumed;\n(iii) expenses on account of reoccupying the land on the termination of the management;\n(iv) damage if any, caused to the land during the period of management including the expenses that may have to be incurred for resorting the land to the condition in which it was at the time of the assumption of management:",
"footnote": "",
"is_definition": false,
"sort_order": 81
},
{
"number": "82",
"title": "82. Appointment of manager.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 82
},
{
"number": "83",
"title": "83. Provisions which shall have effect during management.",
"chapter": null,
"content": "(a) all legal proceedings pending and all processes, executions or attachments in force in respect of debts and liabilities enforceable against the land shall be suspended and no fresh proceedings, processes, executions or attachments shall be instituted, enforced, executed in respect thereof;\n(b) the holder of the land shall be incompetent and the manager shall be competent-\n(i) to enter into any contract with respect to the land;\n(ii) to mortgage, charge, lease or alienate the land or part thereof;\n(iii) to grant valid receipts for rents or profits accruing from the land;\n(c) all powers, which if the management had not been assumed would have been exercisable by the holder of the land, shall be exercisable by the manager who shall receive and recover all rents and profits due in respect of the land and for the purpose of recovering the same may exercise in addition to the powers exercisable by the holder the powers exercisable by a Collector for the recovery of land revenue;\n(d) from the sums received on account of the land, the manager shall pay,-\n(i) the costs of management including the cost of necessary repairs;\n(ii) the Government revenue and all sums due to Government in respect of the land;\n(iii) the compensation payable to the holder of the land in accordance with the provisions of [sub-section (4)] of Section 81;\n(iv) the cost of such improvement of the land as he thinks necessary and is approved by Collector;\n(e) if any proceedings in respect of debts and liabilities enforceable against the land have been suspended under clause (a), the manager may deposit an amount, not exceeding the amount estimated to be required for meeting such debts and liabilities with the Court in which the proceedings were pending;\n(f) 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.",
"footnote": "",
"is_definition": false,
"sort_order": 83
},
{
"number": "84",
"title": "84. Order of priority for leasing out surplus lands.",
"chapter": null,
"content": "(i) a person from whom any land held by him as tenant has been resumed by the landlord under [Section 34 of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay LXVII of 1948)] as extended to the Kutch area of the [State of Gujarat] or under Section 38 of this Act and as a consequence thereof whose total holding whether as [owner] or tenant or partly as [owner] and partly as tenant has been reduced to an area less than one family holding;\n(ii) co-operative farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons;\n(iii) agricultural labourers;\n(iv) landless persons;\n(v) small holders;\n(vi) co-operative farming society of agriculturists (other than small holders) who hold either as [owner] or tenant or partly as [owner] and partly as tenant landless in area than a family holding and who are artisans;\n(vii) an agriculturist (other than a small holder) who holds either as [owner] or tenant or partly as [owner] and partly as tenant landless in area than a family holding and who is an artisan;\n(viii) any other co-operative farming society;\n(ix) any agriculturist who holds either as [owner] or as tenant or partly as [owner] and partly as tenant land larger in area than a family holding but less in area than three family holdings;\n(x) any person, not being an agriculturist who intends to take to the profession of agriculture.",
"footnote": "",
"is_definition": false,
"sort_order": 84
},
{
"number": "85",
"title": "85. Termination of management and the consequences thereof.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 85
},
{
"number": "86",
"title": "86. Period of management to be excluded in computing period of limitation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 86
},
{
"number": "87",
"title": "87. Manager to be public servant.",
"chapter": null,
"content": "88.\nChapter VIII\nRestrictions on Transfers of Agricultural Lands and Acquisition of holdings and Lands",
"footnote": "",
"is_definition": false,
"sort_order": 87
},
{
"number": "89",
"title": "89. Transfers to non-agriculturists barred.",
"chapter": null,
"content": "(a) no sale (including sales in execution of a decree of a Civil Court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift, exchange or lease of any land or interest therein, or\n(b) no mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgagee, [or]\n[(c) no agreement made by an instrument in writing for the sale, gift, exchange, lease or mortgage of any land or interest therein.]",
"footnote": "",
"is_definition": false,
"sort_order": 88
},
{
"number": "90",
"title": "90. Reasonable price of land for the purpose of its sale or purchase.",
"chapter": null,
"content": "(a) an amount not exceeding twelve times the rent of the land as payable under Sections 12, 13 or 14;\n(b) the depreciated value of any structures, wells and embankments constructed and permanent fixtures made and the value of any trees planted on the land by the landlord or the tenant after the period of the last settlement or where no such settlement is made, during the period of thirty years before the commencement of this Act.\n(a) the structures and wells constructed and permanent fixtures made and trees planted, on the land by the landlord or tenant;\n(b) the profits of agriculture of similar lands in the locality;\n(c) the prices of crops and commodities in the locality;\n(d) the improvements made in the land by the landlord or the tenant;\n(e) the tenure on which the land is held; and\n(f) such other factors as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 89
},
{
"number": "91",
"title": "91. Sale of agricultural land to particular person.",
"chapter": null,
"content": "(a) in the case of agricultural land to-\n(i) the tenant in actual possession of the land, and\n(ii) all persons and bodies mentioned in the priority list in Section 84;\n(b) in the case of a dwelling house, or a site of a dwelling house or land appurtenent to such house when such dwelling house, site or land is not used or is not necessary to carry on agricultural operations in the adjoining lands-\n(i) to the tenant thereof, and\n(ii) to the person residing in the village who is not in possession of any dwelling house:\n(i) an agricultural labourer.\n(ii) an artisan.\n(iii) a person carrying on an allied pursuit.\n(iv) any other person in the village.\n(b) If more than one person intimate to the landlord under sub-section (3) their willingness to accept the offers made to them by the landlord under sub-section (2), the landlord shall by a notice in writing in the prescribed form call upon the person having the highest priority in the order of priority given in sub-section (2) to pay him the amount of the reasonable price determined by the Tribunal or to deposit the same with the Tribunal within one month or such further period as the landlord may consider reasonable from the date of receipt of the notice by such person.\n(a) the offer made by the landlord under sub-section (2), or\n(b) the notice given by the landlord under sub-section (4) or (5), or\n(c) the payment or deposit of the reasonable price, or\n(d) the execution of the sale deed, such dispute shall be decided by the Tribunal.\n(b) The landlord shall make an application in writing to the Tribunal for permission to sell the land at such price. On receipt of the application, the Tribunal shall grant the permission if, on holding an inquiry, it is satisfied that the price has been agreed to voluntarily by the tenant.",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "92",
"title": "92. Acquisition of holding or land under management or interest therein.",
"chapter": null,
"content": "(a) proof of facts by affidavits;\n(b) summoning and enforcing the attendance of any person and examining him on oath; and\n(c) compelling the production of documents;\n(a) the assessment payable in respect of the holding;\n(b) the profits of agriculture and cultivation of the holding and of similar holdings in the locality;\n(c) the prices of crops and commodities in the locality;\n(d) the tenure on which the land is held;\n(e) any other matter which may be prescribed.\n(a) the particulars of the holding, land or interest,\n(b) the compensation which in his opinion should be allowed for the holding, land, or interest, and\n(c) the apportionment of the compensation among all persons known or believed to be interested.\nChapter IX\nConstruction of Water Course through Land of Another",
"footnote": "",
"is_definition": false,
"sort_order": 91
},
{
"number": "93",
"title": "93. Construction of water course through land belonging to other person.",
"chapter": null,
"content": "(i) the water course shall be constructed through such land in such direction and manner as is agreed upon by the parties, or failing agreement, as directed by the [Mamlatdar] so as to cause as little damage to the land through which it is construed, as may be possible;\n(ii) where the water course consists of pipes, the pipes shall be laid at a depth not less than one and a half feet from the surface of the land;\n(iii) where the water course consists of a water channel, the channel shall not exceed five feet in breadth.\n(iv) the applicant shall pay to the neighbouring holder-\n(a) such compensation for any damage caused to such land by reason of the construction of the water course injuriously affecting such land;\n(b) such annual rent as the [Mamlatdar] may decide to be reasonable;\n(v) the applicant shall maintain the water course in a fit state of repairs;\n(vi) the applicant shall within the prescribed period execute an agreement in the prescribed form in favour of the neighbouring holder;\n(vii) such other conditions as the [Mamlatdar] may think fit to impose.",
"footnote": "",
"is_definition": false,
"sort_order": 92
},
{
"number": "94",
"title": "94. Failure to pay rent and to keep water course in good repair.",
"chapter": null,
"content": "(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;\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 93
},
{
"number": "95",
"title": "95. Removal or discontinuance of water course.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 94
},
{
"number": "96",
"title": "96. Neighbouring holder entitled to use surplus water on payment of rate.",
"chapter": null,
"content": "Chapter X\n[Procedure and Jurisdiction of Tribunal, Mamlatdar and Collector: Appeals and Revision]",
"footnote": "",
"is_definition": false,
"sort_order": 95
},
{
"number": "97",
"title": "97. Tribunal.",
"chapter": null,
"content": "(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 or who is qualified to practise as a lawyer in the [State of Gujarat] , and\n(b) one shall be appointed to be the President of the Tribunal;",
"footnote": "",
"is_definition": false,
"sort_order": 96
},
{
"number": "98",
"title": "98. Dates of Tribunal.",
"chapter": null,
"content": "(a) to determine the value of the site of a dwelling house under Section 23;\n(b) to decide any dispute as to the particular area of land to be purchased under Sections 41 and 46;\n(c) to determine the reasonable price of the land under Section 43 and Section 91;\n(d) to determine in the prescribed manner disputes regarding-\n(i) the priority or any other right in relation to the purchase of land under Section 41 among tenants inter se or between the tenant and the landlord, or\n(ii) the kind, extent of location of any particular area of land to be purchased or the amount of the price or any instalment thereof to be deposited;\n(e) to perform such other functions as are imposed on it by the provisions of this Act or as may be prescribed or as may be directed by the State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 97
},
{
"number": "99",
"title": "99. Powers of Tribunal.",
"chapter": null,
"content": "(a) proof of facts by affidavits;\n(b) summoning and enforcing the attendance of any person and examining him on oath; and\n(c) compelling the production of documents.",
"footnote": "",
"is_definition": false,
"sort_order": 98
},
{
"number": "100",
"title": "100. Duties of [Mamlatdar] .",
"chapter": null,
"content": "(1) to decide whether a person is an agriculturist;\n(2) to decide whether a person is a tenant [or a permanent tenant] ;\n(3) to decide a dispute regarding rent under Section 12;\n(4) to commute rent in crop share into cash rent;\n(5) to commute rent in terms of service or labour into cash rent under Section 14;\n(6) to determine the amount of compensation under Section 15;\n(7) to determine the amount to be refunded to a tenant under Section 18 (4);\n(8) to decide whether any land should be declared as surplus under Section 21;\n(9) to determine the amount of compensation for trees under Section 25;\n(10) to determine any dispute regarding the right to produce of trees under Section 26;\n(11) to determine the costs of repairing protective bunds under Section 28;\n(12) to decide an application for possession under Section 36;\n(13) to sanction exchange of tenancies under Section 51;\n(14) to determine compensation to be paid under Section 52;\n(15) to fix the price of land under Section 90;\n(16) to decide whether the transfer or acquisition is or is not invalid under Section 122;\n(17) to dispose of land under Section 122;\n(18) to take measures for putting the tenant or the landlord or the agricultural labourer or artisan or person, carrying on allied pursuit into the possession of the land or dwelling house or site under this Act; and\n(19) to decide such other matters as may be referred to him by or under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 99
},
{
"number": "101",
"title": "101. Commencement of proceedings.",
"chapter": null,
"content": "(a) the name, age, profession and place of residence of the applicant and the opponent;\n(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;\n(c) the circumstances out of which the cause of action arose;\n(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;\n(e) such other particulars as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "102",
"title": "102. Procedure.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 101
},
{
"number": "103",
"title": "103. Power of Collector to transfer proceedings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 102
},
{
"number": "104",
"title": "104. Application for possession of land made to different [Mamlatdars] to be heard by designated [Mamlatdar] .",
"chapter": null,
"content": "(a) call for the proceedings of the other application from the [Mamlatdar] concerned;\n(b) having regard, among other matters, to the extent of the land of which possession is sought under the different applications, transfer all the applications and proceedings to one of the [Mamlatdars] for hearing and disposal; and\n(c) give an intimation of the transfer to the [Mamlatdar] , the landlord and the tenants concerned.\n[105. Distribution of business amongst Mamlatdars.",
"footnote": "",
"is_definition": false,
"sort_order": 103
},
{
"number": "106",
"title": "106. Execution of order for payment of money or for restoring possession.",
"chapter": null,
"content": "[106A. Powers of Collector in inquiries under sub-section (3A) of section 36. Provisions as respects revision and execution of orders.\n(a) proof of facts by affidavits,\n(b) summoning and enforcing attendance of any person and examining him on oath, and\n(c) compelling the production of documents.",
"footnote": "",
"is_definition": false,
"sort_order": 104
},
{
"number": "107",
"title": "107. Appeals.",
"chapter": null,
"content": "(a) an order under Section 7,\n(b) an order under Section 8 or 10,\n(c) an order under Section 12,\n(d) an order under Section 13,\n(e) an order under Section 14,\n(f) an order under Section 15,\n(g) an order under Section 18,\n(h) an order under Section 20,\n(i) an order under Section 21,\n(j) an order under Section 23,\n(k) an order under Section 25,\n(l) an order under Section 26,\n(m) an order under Section 28,\n(n) an order under Section 30,\n(o) an order under Section 36,\n(p) an order under Section 38 or 39,\n(q) an order under Section 40,\n(r) an order under Section 43 or 48,\n(s) an order under Section 44 or 45,\n(t) an order under Section 51,\n(u) an order under Section 52,\n(v) an order under Section 55,\n(w) an order made pursuant to a notification issued under sub-section (3) of Section 58, or an order under Section 59,\n(x) an order under Section 61,\n(y) an order under Section 91,\n(ya) [****]\n(z) an order under Chapter IX.\n(za) an order under Section 122, and\n(zb) an order under Section 125:",
"footnote": "",
"is_definition": false,
"sort_order": 105
},
{
"number": "108",
"title": "108. Powers of Collector to transfer and withdraw appeals.",
"chapter": null,
"content": "(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\n(b) withdraw any appeal pending before any Assistant or Deputy Collector and himself hear and decide the same.",
"footnote": "",
"is_definition": false,
"sort_order": 106
},
{
"number": "109",
"title": "109. Appeals against award of Collector.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 107
},
{
"number": "110",
"title": "110. Revisional powers of Collector.",
"chapter": null,
"content": "(a) call for the record of any inquiry or the proceedings of the [Mamlatdar] or Tribunal or the purpose of satisfying himself as to the legality 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\n(b) pass such order thereon as he deems fit :",
"footnote": "",
"is_definition": false,
"sort_order": 108
},
{
"number": "111",
"title": "111. Revision.",
"chapter": null,
"content": "(a) that the order of the Collector was contrary to law;\n(b) that the Collector failed to determine some material issue of law; or\n(c) that there was a substantial defect in following the procedure provided by this Act, which has resulted in the miscarriage of justice.",
"footnote": "",
"is_definition": false,
"sort_order": 109
},
{
"number": "112",
"title": "112. Court-fees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "113",
"title": "113. Orders in appeal or revision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 111
},
{
"number": "114",
"title": "114. Limitation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 112
},
{
"number": "115",
"title": "115. Inquiries and proceedings to be judicial proceedings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 113
},
{
"number": "116",
"title": "116. Pleaders, etc. excluded from appearance.",
"chapter": null,
"content": "Explanation.\nChapter XI\nOffences and Penalties",
"footnote": "",
"is_definition": false,
"sort_order": 114
},
{
"number": "117",
"title": "117. Offences and penalties.",
"chapter": null,
"content": "Section, sub-section or clause\nSection, sub-section or clause\nSubject\nSubject\nFine which may be imposed\nFine which may be imposed\n1\n1\n2\n2\n3\n3\nRs.",
"footnote": "",
"is_definition": false,
"sort_order": 115
},
{
"number": "13",
"title": "Section 13",
"chapter": null,
"content": ".. Recovery of rent by way of crop-share or in\n\t\t\t\t\texcess of commuted cash-rent\n1,000",
"footnote": "",
"is_definition": false,
"sort_order": 116
},
{
"number": "14",
"title": "Section 14",
"chapter": null,
"content": ".. Receipt of rent in form of labour or\n\t\t\t\t\tservice,\n1,000",
"footnote": "",
"is_definition": false,
"sort_order": 117
},
{
"number": "16",
"title": "Section 16",
"chapter": null,
"content": ".. Levy of cess, rate, vero, huk, tax or\n\t\t\t\t\tservice which has been abolished.\n1,000",
"footnote": "",
"is_definition": false,
"sort_order": 118
},
{
"number": "32",
"title": "Section 32",
"chapter": null,
"content": ".. Failure to give written receipt for the\n\t\t\t\t\tamount of rent received.\n100",
"footnote": "",
"is_definition": false,
"sort_order": 119
},
{
"number": "36",
"title": "Section 36",
"chapter": null,
"content": ".. Taking possession of land or dwelling house\n\t\t\t\t\tcontrary to Section 36.\n1,000",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "93",
"title": "Section 93",
"chapter": null,
"content": ".. Failure on the part of the neighbouring\n\t\t\t\t\tholder to comply with the order made under Section 93.\n100\nChapter XII\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 121
},
{
"number": "118",
"title": "118. Rules.",
"chapter": null,
"content": "(i) the other factors to be prescribed under Section 4;\n(ii) the manner in which the value of produce shall be determined under Section 11;\n(iii) the other factors to be prescribed under Section 12;\n(iv) the form of application to be made under Section 13;\n(v) the penalty to be recovered under Section 15;\n(vi) the manner of verifying the surrender of a tenancy under Section 20;\n(vii) the fees to be paid for the grant of a certificate and the form of such certificate under Section 23;\n(viii) the form of application under Section 26;\n(ix) the form of application to be made under Section 36;\n(x) the manner of apportioning rent under Section 38;\n(xi) the manner in which the Tribunal shall refer a question for decision to the [Subordinate Judge] under Section 44;\n(xii) the form of public notice under Section 48;\n(xiii) the form of application to be made under Section 51;\n(xiv), the terms and conditions subject to which exchange of tenancies sanctioned and the form in which certificate may be issued under Section 51;\n(xv) the form of application to be made under Section 55;\n(xvi) the manner of determination of debts and liabilities under Section 70;\n(xvii) the place at which and the manner in which the Collector shall notify the fact of sanction under Section 74;\n(xviii) the sale or grant of lease of land under management under Section 76;\n(xix) the circumstances in which permission for sale, etc., of land may be granted under Section 89;\n(xx) the other factors to be taken into consideration in fixing price of land under Section 90;\n(xxi) the manner in which a landlord shall make an offer of land under Section 91;\n(xxii) the form of notice to be given by a landlord under Section 91;\n(xxiii) the manner in which inquiry shall be made by the Collector under Section 92;\n(xxiv) the other matter to be taken into consideration by the Collector in determining value of land, acquired under Section 92;\n(xxv) the other functions of the Tribunal under Section 98;\n(xxvi) the other powers of the Tribunal under Section 99;\n(xxvii) the other particulars which an application made under Section 101 shall contain;\n(xxviii) the procedure to be followed by the [Gujarat] Revenue Tribunal under Section 111;\n(xxix) the value of court-fee stamp under Section 112;\n(xxx) the manner in which land shall be granted under Section 122;\n(xxxi) the manner in which an order under Section 131 shall be published;\n(xxxii) any other matter which is or may be prescribed under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 122
},
{
"number": "119",
"title": "119. Delegation of powers.",
"chapter": null,
"content": "[119A. Holders of land to furnish particulars of land to [Mamlatdars] .",
"footnote": "",
"is_definition": false,
"sort_order": 123
},
{
"number": "119B",
"title": "119B. Acquisition of land under invalid transfer or partition to be invalid.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 124
},
{
"number": "120",
"title": "120. Summary eviction.",
"chapter": null,
"content": "(a) the transfer of which either by the act of parties or by the operation of law is invalid under the provisions of this Act,\n(b) the management of which has been assumed under the said provisions, or\n(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 after such inquiry as he deems fit.\n[121. Validation of transfers made in contravention of Bombay LXVIII as extended to Kutch.",
"footnote": "",
"is_definition": false,
"sort_order": 125
},
{
"number": "122",
"title": "122. Disposal of land, transfer, or acquisition of which is invalid.",
"chapter": null,
"content": "(i) the price of the land received by the landlord does not exceed the reasonable price thereof under Section 90 and the transferee pays to the State Government as penalty of one rupee within such period not exceeding three months as the [Mamlatdar] may fix, or\n(ii) the price of the land received by the landlord exceeds the reasonable price thereof under Section 90 and the transferor a swell as the transferee pays to the State Government each a penalty equal to one-tenth of the reasonable price within such period as the [Mamlatdar] may fix.\n(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 44 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;\n(b) the amount which was received by the 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\n(c) the [Mamlatdar] shall, in accordance with the provisions of Section 90, determine the reasonable price of the land.\n(i) the tenant in actual possession of the land;\n(ii) the persons or bodies in the order given in Section 84:\n(a) if the price of the land received by the transferor does not exceed 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 to the State Government of a penalty of one rupee; and\n(b) if the price of the land received by the transferor exceeds the reasonable price the [Mamlatdar] shall grant the land to the transferee on payment of 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-tenth of the reasonable price.",
"footnote": "",
"is_definition": false,
"sort_order": 126
},
{
"number": "122",
"title": "123. Leases of land liable to be disposed of under section 122.",
"chapter": null,
"content": "(i) the lease shall be for a period of one year;\n(ii) the lessee shall pay rent at the rate fixed by the [Mamlatdar] subject to the provisions of Section 11;\n(iii) the lessee shall be liable to pay the land revenue and the other cesses payable in respect of the land;\n(iv) if the lessee fails to vacate the land on the expiry of the term of the lessee, he shall be liable to be summarily evicted by the [Mamlatdar] ,",
"footnote": "",
"is_definition": false,
"sort_order": 127
},
{
"number": "124",
"title": "124. Bar of jurisdiction.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 128
},
{
"number": "125",
"title": "125. Suits involving issues required to be decided under this Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 129
},
{
"number": "126",
"title": "126. Control.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "127",
"title": "127. Indemnity.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 131
},
{
"number": "128",
"title": "128. Act not to apply to certain lands and areas.",
"chapter": null,
"content": "(a) to lands belonging to or held on lease from the Government;\n(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.\n[***]\n[(d) to lands transferred to, or by, a Bhoodan Samiti recognised by State Government] ;\n(e) to a holding taken under the management of the Court of Wards or of a Government officer appointed in his official capacity as a guardian under the Guardians and Wards Act, 1890 (VIII of 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.\n(a) if on the date of the termination of the management, any land comprised in such holding is in the possession of a tenant holding it from the landlord immediately before the assumption of the management or where such tenant is dead, in the possession of the successor-in-title, and if the management had been assumed before the landlord could exercise the right to terminate the tenancy under Section 38, then the landlord shall be entitled to terminate such tenancy under Section 38 within two years from such date;\n(b) if on the date of the termination of the management, any land comprised in such holding is in the possession of a lessee holding it under a lease granted by the Court of Wards, Government Officer, Civil, Revenue or Criminal Court or as the case may be, the receiver, the lessee shall be deemed to be a tenant of such land under Section 6 and the landlord shall be entitled to terminate such tenancy under Section 38 within two years from such date.]",
"footnote": "",
"is_definition": false,
"sort_order": 132
},
{
"number": "129",
"title": "129. Exemption from certain provisions to lands held by local authorities, Universities, etc.",
"chapter": null,
"content": "(a) to lands held or leased by a local authority, or University established by law in the State;\n(b) to lands which are the property of a trust for an educational purpose, hospital, Panjrapole, Gaushala, or an institution for public religious worship, provided the entire income of such lands is appropriated for the purposes of such trust; and\n(c) to lands assigned or donated by any person before the commencement of this Act for the purpose of rendering any of the following services useful to the community, namely:",
"footnote": "",
"is_definition": false,
"sort_order": 133
},
{
"number": "130",
"title": "130. Certain provisions of the Act not to apply to holdings and lands assumed under management under Chapter VI of VII.",
"chapter": "Chapter VI",
"content": "(a) if on the date of the termination of the management, any land comprised in such holding is in the possession of a tenant holding it from the landlord immediately before the assumption of the management or where such tenant is dead, in the possession of his successor-in-title [and if the management had been assumed before the landlord could exercise the right to terminate the tenancy under Section 38] , the landlord shall be entitled to terminate the tenancy under Section 38 within two years from the date of the termination of the management;\n(b) if on the date of the termination of the management, any land comprised in such holding or, as the case may be, the surplus land is in the possession of a lessee holding it under a lease granted by the Manager, then on the expiry of the period of the lease the person, to whom the possession of such holding or surplus land is delivered under Section 79 or 85, shall be entitled to take possession of such land unless the said lessee within a period of three months from the expiry of the lease offers to purchase the land. Such offer shall be made in the manner provided in Section 43 and thereupon the provisions of that section shall mutatis mutandis apply to such purchase as if the said lessee were a tenant applying under Section 43:\n[130A. Rights of certain tenants to purchase land barred.\nExplanation:",
"footnote": "",
"is_definition": false,
"sort_order": 134
},
{
"number": "131",
"title": "131. Power of Government to withdraw exemption.",
"chapter": null,
"content": "(i) in the case of an area referred to in Clause (b) of Section 128, 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.\n[(ii) that the lands transferred by the Bhoodan Samiti are not cultivated personally by the transferees or are alienated by them, and]\n(iii) in the case of lands referred to in Clause (b) of Section 129, that the trustee is unable to look after the property or has mis-managed it or that there are disputes between the trust and the tenants, the State Government may, by order published in the prescribed manner, direct that with effect from such date as may be specified in the order such lands or area, as the case may be, shall cease to be exempted from all or any of the provisions of this Act from which it was exempted under Section 128.\n[132. Repeal.\n(i) any right, title, interest obligation or liability already acquired, accrued or incurred under the Act so repealed before the commencement of this Act, or\n(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 proceeding shall be instituted, continued and disposed off, as if this Act had not been passed.\n(a) all proceedings for the termination of the tenancy and ejectment of a tenant or for the recovery of restoration of the possession of the lands under the provisions of the Act so repealed pending on the date of the commencement of this Act before a Revenue Officer or in appeal or revision before any appellate or revising authority shall be deemed to have been instituted and pending before the corresponding authority under this Act and shall be disposed of in accordance with the provisions of this Act, and\n(b) in the case of any proceedings under any of the provisions of the Act so repealed, pending before a Civil Court on such date, the provisions of Section 125 of this Act shall apply.",
"footnote": "",
"is_definition": false,
"sort_order": 135
},
{
"number": "133",
"title": "133. Enactments amended.",
"chapter": null,
"content": "[****]\n[****]\n[Schedule II]\n(Section 133)\n(Section 133)\nYear\nYear\nNo.\nNo.\nShort title\nShort title\nExtent of amendment\nExtent of amendment\n1\n1\n2\n2\n3\n3\n4\n4\n1879\nV\nThe Bombay Land Revenue Code 1879, as extended\n\t\t\t\tto the kutch area of the State of Bombay.\n(1) In the Section 80, for the words \"through\n\t\t\t\tnon-payment by the occupant of the land revenue due on account\n\t\t\t\tthereof, it shall be lawful for any person interested to pay on\n\t\t\t\tbehalf of such occupant\" the words \" through\n\t\t\t\tnon-payment of the land revenue due on account thereof by the\n\t\t\t\tperson primarily liable for payment of it, it shall be lawful for\n\t\t\t\tany person interested to pay on behalf of such person\" shall\n\t\t\t\tbe substituted.\n(2) After Section 84, the following section\n\t\t\t\tshall be inserted namely:\nSections 83 and 84 not to apply to certain\n\t\t\t\ttenancies\n\"84-IA. The provisions of Section 83 and 84\n\t\t\t\tshall ceases to apply to tenancies to which the provisions of the\n\t\t\t\tBombay tenancy and Agricultural Land (Vidarbha Region and Kutch\n\t\t\t\tArea) Act, 1958 (Bombay XCIX of 1958) apply.\"\n(3) In Section 86, for the proviso, the\n\t\t\t\tfollowing shall be substituted, namely :\n\"Provided that such application shall be\n\t\t\t\tmade before the expiry of the year immediately succeeding the\n\t\t\t\trevenue year or the year of the tenancy in which the said rent or\n\t\t\t\tland revenue became payable.\"\n(4) In Section 136, to sub-section (1) the\n\t\t\t\tfollowing proviso shall be added, namely :\n\"Provided that in the case of any land in\n\t\t\t\tthe possession of a tenant if such tenant is liable to pay land\n\t\t\t\trevenue in respect of such land under the provisions of the\n\t\t\t\tBombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch\n\t\t\t\tArea) Act, 1958 (Bombay XCIX of 19598, such tenant shall be\n\t\t\t\tprimarily liable for the payment of the land revenue in respect\n\t\t\t\tof such land.\"\n1923\nVI\nThe Bombay Local Board Act, 1923, as extended to\n\t\t\t\tthe Kutch area of the State of Bombay.\nTo Section 96, the following proviso shall be\n\t\t\t\tadded, namely:\n\"Provided that, in the case of any land in\n\t\t\t\tthe possession of a tenant if such tenant is liable to pay the\n\t\t\t\tcess in respect of such land under the provisions of the Bombay\n\t\t\t\tTenancy and Agricultural Lands (Vidarbha Region and Kutch Area)\n\t\t\t\tAct, 1958 such tenant shall be primarily liable for the payment\n\t\t\t\tof the cess in respect of such land.\"\n1925\nVII\nThe Bombay Co-operative Societies Act, 1925, as\n\t\t\t\textended to the Kutch area of the State Bombay.\nIn Section 24AA;\n(1) in clause (i),\n(a) after the words \"owns any land\"\n\t\t\t\tthe words \"or has interest in any land as a tenant\"\n\t\t\t\tshall be inserted;\n(b) for the words \"on the land owned by him\n\t\t\t\tand specified therein\" the words \"on such land or\n\t\t\t\tinterest specified in the declaration\" shall be inserted;\n(2) after Clause (ii), the following clause\n\t\t\t\tshall be inserted, namely:\n\"(iia) any person who has borrowed a loan\n\t\t\t\tfrom a society of which he is a member before the date of the\n\t\t\t\tcoming into force of the Bombay Tenancy and Agricultural Lands\n\t\t\t\t(Vidarbha Region and Kutch Area) Act, 1958 (Bombay XCIX of 1958)\n\t\t\t\tand has any interest in land as a tenant shall, as soon as\n\t\t\t\tpossible, make a declaration in the form and to the effect\n\t\t\t\treferred to in Clause (i) and no such person shall unless and\n\t\t\t\tuntil he has made such declaration be entitled to exercise any\n\t\t\t\tright as a member of the society.\";\n(3) in clauses (iii), (iv), (vi) and (vii) for\n\t\t\t\tthe word, brackets and figures \"or (ii)\" wherever they\n\t\t\t\toccur the brackets, figures, letter and word \"(ii)\" or\n\t\t\t\t\"(iia)\" shall be substituted;\n(4) in Clause (iv), after the words \"of the\n\t\t\t\tland\" the words \"or interest therein\" shall be\n\t\t\t\tinserted;\n(5) in Clause (vi) after the words \"on the\n\t\t\t\tland\" the words \"or interest\" shall be inserted.\n(6) In Clause (vii), after the words \"on\n\t\t\t\tland\" the words \"or interest\" shall be inserted.\"\n[***]",
"footnote": "",
"is_definition": false,
"sort_order": 136
}
],
"metadata": {
"Act ID": "guj207",
"Act Number": "Bombay Act No. 99 of 1958",
"Enactment Date": "",
"Act Year": "1958",
"Short Title": "The Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958",
"Type": "STATE",
"Location": "Gujarat"
},
"updated_at": "2026-09-29 21:55:19"
}