GUJARAT TENANCY
LAW (DEFENCE PERSONNEL) (AMENDMENT) ACT, 1965 THE GUJARAT TENANCY LAW (DEFENCE PERSONNEL) (AMENDMENT) ACT, 1965 [Act No. 24 of 1965] [20th November, 1965] An Act to mate in the case of agricultural lands held by
members of the armed forces a special provision for the termination of
tenancies of such
lands and for that purpose to amend the relevant tenancy laws in the State
of Gujarat. It is hereby enacted in the
Sixteenth Year of the Republic of India as follows:? (1)
This Act may be called the Gujarat Tenancy Law (Defence Personnel)
(Amendment) Act, 1965. (2)
It shall come into force on such date as the State Government may
by notification in the Official Gazette appoint. In the Bombay Tenancy and
Agricultural Lands Act, 1948 (Bom.LXV II of 1948.) (hereinafter referred to as
"the Bombay Tenancy Act"), in section 29,? (1)
in sub-section (2), for (lie words "No landlord" the
words, brackets, figures and letter "Save as otherwise provided in
sub-section (3A), no landlord" shall be substituted; (2)
after sub-section (3), the following shall be inserted, namely:? "(3A) Where a landlord
proceeds for termination of the tenancy under sub-section (1) of section 43-1B,
then, notwithstanding anything contained in this Act, the application for
possession of the land shall be made to the Collector, who shall, after holding
an inquiry in the prescribed manner, pass such order thereon as he deems
fit,". (3)
?in sub-section (4) for the
words, brackets and figures "sub-section (1) or (2), as the case may
be" the words, brackets, figures and letter "sub-section (1), (2) or as
the case may be, (3A)" shall be substituted. In section 31 of the Bombay
Tenancy Act,? (1)
in sub-section (1), for the words "landlord may" the
words, brackets, figures and letters "landlord (not being a landlord
within the meaning of Chapter III-AA) may" shall be substituted; (2)
in sub-section (3), (i)
the words "or a serving member of the armed forces"
shall be deleted; (ii)
clause (iv) shall be deleted. In section 32F of the
Bombay Tenancy Act, in sub-section (1), in clause (a), the words "or a
serving member of the armed forces" shall be deleted. In section 32P of the
Bombay Tenancy Act, in sub-section (1), alter the words "this
sub-chapter" the words, figures and letter "or where the tenant fails
to exercise the right to purchase land under section 43-1D within the period
specified in that section" shall be inserted. In section 32S of the
Bombay Tenancy Act, in clause (i), after the figures and letter "88C"
the words, figures, and letters "but does not include a landlord within
the meaning of Chapter III-AA holding a similar certificate" shall be
inserted. In section 32T of the
Bombay Tenancy Act, in sub-section (4). (a)
clause (c) shall be deleted; (b)
in paragraph A, item (ii) shall be deleted. In section 37 of the Bombay
Tenancy Act, after sub-section (5), the following shall be inserted, namely:? "(6) The provisions of
this section shall not apply to a landlord who becomes a serving member of the
armed forces, and on that account, fails to use the land, or ceases to use it,
for any of the purposes specified in the notice referred to in sub-section (i)
and within the period specified in that sub-section.". In section 43 of the Bombay
Tenancy Act, in sub-section (1), for the word, figures and letter "or
32U" the figures, letters and word "32U or 43-ID" shall be
substituted. After section 43 of the
Bombay Tenancy Act, the following new Chapter shall be inserted, namely: ? "CHAPTER III-AA. Special provisions for termination OF tenancy by landlords who are
or HAVE BEEN SERVING MEMBERS OF THE ARMED FORCES : AND FOR PURCHASE
OF THEIR LANDS BY TENANTS. 43-1A. Definition.--In this
Chapter, unless the context requires otherwise, 'landlord' means a landlord
(including a certified landlord within the meaning of section 32S) who is, or
has ceased to be, a serving member of the armed forces; and in relation to the
land of a landlord who is dead, includes his widow, son, son's son, unmarried
daughter, father or mother. 43-1B. Right of landlord to
terminate the tenancy.-- (1)
Notwithstanding anything contained in the foregoing provisions of
this Act, but subject to the provisions of this section, it shall be lawful to
a landlord at any time after the commencement of the Gujarat Tenancy Law
(Defence Personnel) (Amendment) Act, 1965,(Guj. 24 of 1965.) to terminate the
tenancy of any land and obtain possession thereof, but? (a)
of so much of such land as will be sufficient to make up the total
land in his actual possession equal to the ceding area; and (b)
where the landlord is a member of a joint family, only to the
extent of his share in the land (not exceeding the ceiling area) held by the
joint family, provided that the Collector on inquiry is satisfied that such
share has (regard being had, to the area, assessment, classification and value
of land) been separated by mete and bounds in the same proportion as his share
in the entire joint family property and not in a larger proportion. (2)
No tenancy of any land shall be terminated under sub-section (1),
unless a notice in writing is given to the tenant, and an application for
possession under sub-section (3A) of section 29 is made to the Collector: Provided that in the case
of a landlord ceasing to be a serving member of the armed forces or dying while
being or after ceasing to be such member, whether before or after the
commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act,
1965, (Guj. 24 of 1965.)such notice shall be given and such application be made
not later than the date of the expiry of a period of two years? (a)
from the date of such cesser or as the case may be, death, or: (b)
from the date of the commencement of the Gujarat Tenancy Law
(Defence Personnel) (Amendment) Act, 1965(Guj. 24 of 1965.)whichever event
occurs later. (3)
"Nothing in this Chapter shall? (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 a serving member of the armed forces; but the provisions of section 32-O
shall apply, to such tenancy as they apply in relation to a tenancy created
after the tiller's day; (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. (4)
Nothing in the Bombay Prevention of Fragmentation and
Consolidation of Holdings Act, 1947,(Bom. LXII of 1947.)shall affect the
termination of any tenancy under this Chapter. 43-1C. Transfer of pending
proceedings to Collector and State Government.- -All
proceedings for recovery or restoration of possession of land filed under
section 31 or 32T by a landlord pending immediately before the commencement of
the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965,(Guj. 24 of
1965.)before a Mamlatdar shall, subject to any rules made as respects such
transfer or any matter incidental thereto) on such commencement, stand
transferred to the Collector,. and all such proceedings pending in appeal
before the Collector or in revision before the Gujarat Revenue Tribunal shall
likewise stand transferred to the State Government; and such proceedings shall
be deemed to have been instituted for restoration of the land before the
Collector under section 43-1B, or as the case may be, pending in revision
before the State Government under section 73A and be disposed of accordingly. 43-1D. Right of tenant to
purchase land from landlord.-- (1)
Notwithstanding anything contained in the foregoing provisions of
this Act, or any law, agreement, custom or usage to the contrary, but subject
to the provisions of this section a tenant Holding land from a landlord shall
subject to the provisions of section 32A, be entitled to purchase from the
landlord, (a)
where the landlord fails to make an application as required by
section 43-1B, the land so held by him, and. (b)
in any other case, such part of the land held by the tenant as is
left with him after the termination of tenancy under section 43-1B. (2)
The right to purchase land under sub-section (1) shall be
exercised within one year from the date on which possession of the land is
obtained by the landlord in pursuance of the provisions of section 43-1B; or as
the case may be, from the date of the expiry of the period referred to in the
proviso to sub-section (2) of section 43-1B; and intimation of exercise of the
right shall be sent to the landlord and the Tribunal in the prescribed manner
within the period aforesaid. (3)
The provisions of sections 32 to 32E (both inclusive) and sections
32G to 32N (both inclusive) and sections 32P, 32Q and 32R shall apply to the
purchase of the land by a tenant under sub-section (1) as those Provisions
apply in relation to the purchase of land under section 32. 43-1E. Savings.? Nothing in this Chapter
shall apply in relation to land which before the commencement of the Gujarat
Tenancy Law (Defence Personnel) (Amendment) Act, 1965 (Guj. 14 of 1965.)
is purchased, by any tenant under provisions of Chapter III.". In Chapter VI of the Bombay
Tenancy Act, for the heading "procedure AND JURISDICTION OF TRIBUNAL AND,
MAMLATDAR AND APPEALS." the heading "PROCEDURE AND JURISDICTION OF
TRIBUNAL, MAMLATDAR AND COLLECTOR: APPEALS AND REVISION." Shall be
substituted. After section 73 of the
Bombay Tenancy Act, the following new section shall be inserted, namely:? "73A. Towers of
Collector in inquiries under sub-section (3A) of section 29; provision as respects
revision and execution of orders.-- (1)
For the purposes of an inquiry sub-section (3A) of section 29, the
Collector shall have the same powers as are vested in courts in respect of the
following matters under the Code of Civil Procedure, 1908, in trying a suit
namely:? (a)
proof of facts by affidavits. (b)
summoning and enforcing attendance of any person and examining him
on oath, and (c)
compelling the production of, documents. (2)
The order of the Collector under sub-section (3A) of section 29
shall, subject to revision under sub-section (3), be final. (3)
The State Government may, suo motu or application from any person
interested in the land, call for the record of any such inquiry for the purpose
of satisfying itself as to the legality or property of the order passed by the
Collector and pass such order thereof deems fit. Provided that no such order
shall be modified annulled or reversed, unless an opportunity has been given to
the interested parties to show cause why such order should not be modified,
annulled or reversed. (4) Every
such order of the Collector or of the State Government in revision awarding
possession of any land shall be executed in the manner provided for the
execution of the orders of the Mamlatdar or Tribunal under section 73.". In the Bombay Tenancy and Agricultural
Lands (Vidarbha Region and Kutch Area) Act, 1958 (Bom.XCIX of 1958.)in its
application to the Kutch area of the State (hereinafter referred to as
"the Kutch Tenancy Act"), in section 36,? (1)
in sub-section (2), for the words "No landlord" the
words, brackets, figures and letter "Save as otherwise provided in
sub-section (3A), no landlord" shall be substituted; (2)
after sub-section (3), the following shall be inserted, namely:? "(3A) where a landlord
proceeds for termination of the tenancy under sub-section (1) of section 57B,
then notwithstanding anything contained in this Act, the application for
possession of the land shall be made to the Collector, who shall, after holding
an inquiry in the prescribed manner, pass such order thereon as he deems
fit"; (3) in
sub-section (4), for the words, brackets and figures "sub-section (1) or
(2), as the case may be" the words, brackets, figures and letter
"sub-section (1), (3), so as the case may be (3A)" shall he
substituted. In section 38 of the Kutch
Tenancy Act? (1)
in sub-section (1), for the words "landlord may" the
words, brackets, figures and letter "landlord (not being a landlord within
,the meaning of Chapter III-A) may" shall be substituted; (2)
in sub-section (2)? (3)
clause (c) Shall be deleted; and (4)
in paragraph (A), item (ii) shall be deleted. In section 41 of the Kutch
Tenancy Act,? (1)
in sub-section (1), after the word "personally" the
words, figure and letters "unless the land is held by him as a tenant from
a landlord to whom the provisions of Chapter III-A are applicable" shall
be inserted; (2)
in sub-section (2),? (a)
clause (c) and item (ii) shall be deleted; (b)
in the first proviso for the words, brackets and letters
"clauses (a) to (d)" the words, brackets and letters "clauses
(a), (b) and (d)" shall be substituted. In section 50 of the Kutch
Tenancy Act, for the words "tenancy created" the words, brackets,
figure and letter "tenancy created by the landlord (not being a landlord
within the meaning of Chapter III-A)" shall be substituted. In section 52 of the Kutch
Tenancy Act, after sub-section (4), the following shall be added, namely:? "(5) The provisions of
this section shall not apply to a landlord who becomes a serving member of the
aimed forces; and on that account fails to use the land or ceases to use it,
for the purpose specified in the notice referred to in sub-section (1) and
within the period specified in that sub-section.". In section 57 of the Kutch
Tenancy Act, in sub-section (1), after the figures "46" the word,
figures and letter "or 57D" shall be inserted. After section 57 of the
Kutch Tenancy Act, the following new Chapter shall be inserted, namely:? "CHAPTER IIIA Special Provisions for
Termination of Tenancy by Landlords who are or have been serving members of the armed forces: and for purchase of their
lands by tenants. 57A. Definition.? In this Chapter, unless the
context requires otherwise "landlord" means a landlord who is, or has
ceased to be, a serving member of the armed forces; and in relation to the land
of a landlord who is dead, includes his widow, son, son's son, unmarried
daughter, father or mother. 57B. Right of landlord to
terminate tenancy.-- (1)
Notwithstanding anything contained in the, foregoing provisions of
this Act, but subject to the provisions of this section, it shall be lawful to
a landlord at any time after the commencement of the Gujarat Tenancy Law
(Defence Personnel) (Amendment) Act, 1965,(Guj. 24 of 1965.) to terminate the
tenancy of any land and obtain possession thereof, but (a) of 30 much of such land
as will be sufficient to make up the total land in his actual possession equal
to three family holdings; and (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. (2)
No tenancy of any land shall be terminated under sub-section (1),
unless a notice in writing is given to the tenant and an application for
possession under sub-section (3A) of section 36 is made to the Collector? Provided that in the case
of a landlord ceasing to be a serving member of the armed forces or dying while
being or after ceasing to be such member, whether before or after the
commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act,
1965, such notice shall be given and such application be made not later than
the date of the expiry of a period of two years? (a)
from the date of such cesser or as the case may be, death, or (b)
from the date of the commencement of the Gujarat Tenancy Law
(Defence Personnel) (Amendment) Act, 1965, whichever event occurs later. (3)
Nothing in this Chapter shall? (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; (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, (4)
Nothing in the Bombay Prevention of Fragmentation and
Consolidation of Holdings Act, 1947,(Bom. LXII of 1947.)shall affect the
termination of any tenancy under this Chapter. 57C. Transfer of pending
proceedings to Collector and State Government.? All proceedings for
recovery or restoration of possession of land filed under section 38 by a
landlord pending immediately before the commencement of the Gujarat Tenancy Law
(Defence Personnel) (Amendment) Act, 1965 (Guj. 24 of 1965)before a, Mamlatdar
shall (subject to arty rules made as respects such transfer or any matter:
incidental thereto), on such commencement, stand transferred to the Collector,
and all such proceedings pending in appeal before the Collector or in revision
before the
Gujarat Revenue Tribunal shall likewise stand transferred to the State
Government; and such proceedings shall be deemed to have been instituted for restoration
of the land before the Collector under section 57B or as the case may be,
pending in revision before the State Government under section 106A and be
disposed of accordingly. 57D. Right of tenant to
purchase land from landlord.-- (1)
Notwithstanding anything contained in the foregoing provisions of
this Act, or any law, agreement, custom or usage to the contrary but subject to
the provisions of this section, a tenant holding land from a landlord shall,
subject to the provisions of section 42, be entitled to purchase from the
landlord? (a)
where the landlord fails to make an application as required by
section 57B, the land so held by him, and (b)
in any other case, such part of the land held by the tenant as is
left with him after the termination of tenancy under section 57B. (2)
The right to purchase land under sub-section (1) shall be
exercised within one year from the date on which possession of the land is
obtained by the landlord in pursuance of the provisions of section 57B; or as
the case may be, from the date of the expiry of the period referred to in the
proviso to sub-section (2) of section 57B; and intimation of exercise of the
right shall be sent to the landlord and the tribunal in the prescribed manner
within the period aforesaid. (3)
The provisions of sections 43 and 44 shall apply to the purchase
of the land by a tenant under sub-section (1) as those provisions apply in
relation to the purchase of land under section 41. 57E. Saving.? Nothing in this Chapter
shall apply in relation to land which before the commencement of the Gujarat
Tenancy Law (Defence Personnel) (Amendment) Act, 1965 (Guj. 24 of 1965.) is
purchased by any tenant under the provisions of this Act.". In Chapter X of the Kutch
Tenancy Act, for the heading "Procedure and Jurisdiction of Tribunal and
Mamlatdar and Appeals" the heading "Procedure and Jurisdiction of
Tribunal, Mamlatdar and Collector: Appeals and Revision " shall be substituted. After section 106 of the
Kutch Tenancy Act, the following new section shall be inserted, namely:? "106A. Powers of
Collector in inquiries under sub-section (3A) of section 30. Provision as
respects revision and execution of orders.-- (1)
For the purposes of an inquiry under sub-section (3A) of section
36. the Collector shall have the same powers as are vested in courts in respect
of the following matters under the Code of Civil Procedure, 1908 (5 of 1908.)
in trying a suit, namely:? (a)
proof of facts by affidavits. (b)
summoning and enforcing attendance of any person and examining him
on oath, and (c)
compelling the production of documents. (2)
The order of the Collector under sub-section (3A) of section 36
shall, Subject to revision under sub-section (3), be final. (3)
The State Government may, sua motu or on an application from any
person interested in the land, call for the record of any such inquiry, for the
purpose of satisfying itself as to the legality or propriety of the order
passed by the Collector and pass such order thereon as it deems fit: Provided that no such order
shall be modified, annuled or reversed, unless an opportunity has been given to
the interested parties to show cause why such order should not be modified,
annuled or reversed. (4) Every
such order of the Collector or of the State Government in revision awarding
possession of any land shall be executed in the manner provided for the
execution of the orders of the Mamlatdar or Tribunal under section 106.".
Preamble - THE GUJARAT TENANCY LAW (DEFENCE PERSONNEL) (AMENDMENT)
ACT, 1965PREAMBLE