LexThe Bombay Tenancy and Agricultural Lands Act-1948
Gujarat · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS
DEPARTMENT
The Gujarat Tenancy and
Agricultural Land Act, 1948
(Bombay Act No. LXVII of 1948)
( As modified up to the 31st January, 2018)
Printed in india by the Manager, governMent Press And stationery, vadodara,
Published by the director, governMent Printing, and
stationery, gujarat state, ahMedabad.
2018.
( Price : ` 81.00 )
âˆØ×ðß ÁØÌð
(G.P .V)-H-2031-1,130-Book-02-2018.
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS
DEPARTMENT
The Gujarat Tenancy and
Agricultural Land Act, 1948
(Bombay Act No. LXVII of 1948)
( As modified up to the 31st January, 2018)
Printed in india by the Manager, governMent Press And stationery, vadodara,
Published by the director, governMent Printing, and
stationery, gujarat state, ahMedabad.
2018.
( Price : ` 81.00 )
âˆØ×ðß ÁØÌð
PRINTED AT THE GOVERNMENT PRESS, V ADODARA.
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 i
THE GUJARAT TENANCY AND AGRICULTURAL LANDS ACT, 1948.
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CONTENTS.
Preamble.
SectionS.
CHAPTER I.
Preliminary.
1. Short title and extent. 2
2. Definitions. 2
CHAPTER II.
General ProviSionS reGardinG tenancieS.
3. Application of Chapter V of Transfer of Property Act. 7
4. Persons to be deemed tenants. 7
4A. Protected tenants. 8
4B. Tenancy not to be terminated by efflux of time. 8
5. Ceiling area. 8
6. Economic holding. 8
6A. Irrigated land. 9
7. Power of Government to vary ceiling area and economic holding. 9
8. Rent and its maximum and minimum. 9
9. Rate of rent payable by tenant to his landlord. 10
9A. Quantum of rent payable by tenant to landlord. 10
9B. Landlord not liable to make contribution towards cost of cultivation. 11
9C. Liability of tenant to payment until rent is fixed under preceding sections. 11
10. Refund of rent recovered in contravention of the provisions of the Act and other penalties. 11
10A. Liability of tenant to pay land revenue and certain other cesses. 11
11. Abolition of all cesses, etc. 12
12. [Deleted]. 12
13. Suspensions or remissions of rent. 13
14. Termination of tenancy for default of tenant. 13
15. Surrender by tenant. 14
ii The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
16. Bar to eviction from dwelling house. 14
17. Tenant to be given first option of purchasing site on which he has built a dwelling house. 15
17A. Tenant’s right to purchase site referred to in seciton 16. 15
17B. Tenant to be deemed to have purchased sites referred to in section 16 from specified date. 16
18. Dwelling houses of agricultural labourers, etc. 17
19. Tenant’s right to trees planted by him. 17
20. Right to produce of naturally growing trees. 17
21. [Deleted]. 17
22. Tenants responsible for maintenance of boundary marks. 17
23. Repairs of protective bunds. 18
24. Relief against termination of tenancy in certain cases. 18
25. Relief against termination of tenancy for non-payment of rent. 18
25A. Tenancy to be in abeyance during usufructuary mortgage in favour of tenant. 19
26. Receipts for rent. 19
27. Sub-division, sub-letting and assignment prohibited. 19
28. Bar to attachment, seizure or sale by process of Court. 20
29. Procedure of taking possession. 20
29A. Provisions of section 29 to apply to sites used for allied pursuits. 21
30. Rights and privileges of tenants not to be affected. 21
CHAPTER III.
SPecial riGhtS and PrivileGeS of tenantS and ProviSionS for
diStribution of land for PerSonal cultiv ation.
31. Landlord’s right to terminate tenancy for personal cultivation and non-agricultural purpose. 22
31A. Conditions of termination of tenancy. 23
31B. No termination of tenancy in contravention of Bom. LXII of 1947 or if tenant is member of co-
operative farming society. 24
31C. Landlord not entitled to terminate tenancy for personal cultivation of land left with tenant. 24
31D. Apportionment of rent after termination of tenancy for land left with tenant. 24
32. Tenants deemed to have purchased land on tiller’s day. 24
32A. Tenants deemed to have purchased up to ceiling area. 27
32B. When Tenants not deemed to have purchased lands. 28
32C. When Tenants entitled to choose lands to be purchased. 28
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 iii
32D. When Tenants deemed to have purchased fragments. 28
32E. Disposal of balance of lands after purchase by tenant. 28
32F. Right of tenant to purchase where landlord is minor, etc. 28
32FF. Tenant in possession who has surrendered tenancy to be deemed to have purchased land on specified
date. 30
32G. Tribunal to issue notice and determine price of land to be paid by tenants. 30
32H. Purchase price and its maxima. 31
32I. Sub-tenant of permanent tenant to be deemed to have purchased land. 32
32J. [Deleted]. 33
32K. Mode of payment of price by tenant. 33
32L. Purchase price recoverable as arrear of land revenue. 34
32M. Purchase to be ineffective on tenant’s failure to pay purchase price in lump sum or instalments within
given period. 34
32N. Landlord’s right to recover rent when purchase becomes ineffective. 35
32O. [Deleted].
32P . Power of Collector to resume and dispose of land not purchased by tenants and appeal against
Collector’s order. 36
32PP . Further opportunity to tenant to purchase land. 39
32PPP . Further opportunity to purchase land to tenants whose purchase became ineffective after
commencement of Guj. 36 of 1965. 41
32Q. Amount of purchase price to be applied towards satisfaction of debts. 42
32QQ. Deposit or payment of purchase price by State Government on behalf of specified tenants. 43
32R. Purchaser to be evicted if he fails to cultivate personally. 44
32S. Definitions. 44
32T. Special right of certified landlord to terminate tenancy for personal cultivation. 44
32U. Tenants of lands mentioned in section 88C to be deemed to have purchased land and other
incidental provisions. 47
33. Right of protected tenants to exchange land. 48
34. [Deleted]. 48
34A. Holders of land to furnish particulars of land to Mamlatdar. 48
35. [Deleted]. 48
36. Fragment in excess of economic holding or ceiling area may be permitted to remain with holder. 49
iv The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
37. Landlord to restore possession if he fails to cultivate within one year. 49
38. [Deleted]. 51
39. Application for recovery of possession by tenant. 51
40. Continuance of tenancy on death of tenant. 52
41. Compensation for improvement made by tenant. 52
42. Tenant’s right to erect farm house. 52
43. Restriction on transfers of land purchased or sold under this Act. 52
CHAPTER III-AA
SPecial ProviSionS for termination of tenancy by landordS who are or ha ve been
ServinG memberS of the armed forceS and for PurchaSe of their landS by tenantS.
43-1A. Definition. 53
43-1B. Right of landlord to terminate the tenancy. 53
43-1C. Transfer of pending proceedings to Collector and State Government. 54
43-1D. Right of tenant to purchase land from landlord. 55
43-1E. Savings. 55
CHAPTER III-A.
SPecial ProviSionS for landS held on leaSe by induStrial or
commercial undertakinG and by certain PerSonS for the
cultiv ation of SuGarcane and other notified aGricultural Produce.
43A. Some of the provisions not to apply to leases of land obtained by industrial or commercial
undertaking, certain co-operative societies or for cultivation of sugarcane or fruits or flowers. 55
43B. Reasonable rent of land to which section 43A applies. 56
CHAPTER III-B.
SPecial ProviSionS in reSPect of areaS within the limitS
of a municiPality or a cantonment.
43C. Certain provisions not to apply to municipal or cantonment areas. 57
43D. Termination of tenancy. 57
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 v
CHAPTER IV .
manaGement of eStateS held by land holderS.
44. Power to assume management of land holder’s estate. 58
45. V esting of estate in management. 58
46. Effect of declaration of management. 58
47. Manager’s powers. 59
48. Manager to pay costs of management, etc. 59
49. Notice to claimants. 60
50. Claim to contain full particulars. 60
51. Claim not duly notified to be barred. 60
52. Determination of debts and liabilities. 60
53. Power to rank debts and fix interest. 61
54. Scheme for liquidation. 61
55. Provision of scheme. 61
56. Effects of sanctioning scheme. 61
57. Power to remove mortgagee in possession. 61
58. Power to sell or lease. 61
59. Manager’s receipt a discharge. 62
60. Holder of estate dying. 62
61. Termination of management. 62
62. Manager deemed to be public servant. 62
CHAPTER V .
reStrictionS on tranSferS of aGricultural landS, manaGement
of uncultiv ated landS and acquiSition of eStateS and landS.
63. Transfers to non-agriculturist barred. 62
63A. Reasonable price of land for the purpose of its sale and purchase. 63
63AA. Sale of land for bonafide industrial purpose permitted in certain cases. 64
63AB. Last transaction if made to an agriculturist to be valid even if earlier transaction or transactions 67
may be invalid.
63AC. Conversion of land into non-agricultural purpose if the land is purchased before the commencement
of Amending Act, 2015. 68
63AD. Penalty to transferee for transfer of land in breach of provisions of sub-section (1) of section 63. 68
vi The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
64. Sale of agricultural land to particular person. 68
64A. [Deleted]. 70
65. [Deleted]. 70
65A. [Deleted]. 70
66. [Deleted]. 70
CHAPTER V-A.
conStruction of water courSe throuGh land of another.
66A. Construction of water course through land belonging to other person. 70
66B. Failure to pay rent and to keep water course in good repair. 72
66C. Removal or discontinuance of water course. 72
66D. Neighbouring holder entitled to use surplus water on payment of rate. 72
CHAPTER VI.
Procedure and JuriSdiction of tribunal; mamlatdar and collector;
aPPealS and reviSion.
67. Tribunal. 72
68. Duties of the Tribunal. 73
69. Powers of the Tribunal. 73
70. Duties of the Mamlatdar. 73
70A Regularisation of certain sale of land. 74
71. Commencement of proceedings. 75
72. Procedure. 75
72AA. Distribution of business amongst Mamlatdars. 75
72A. Power of Collector to transfer proceedings. 75
72B. Application for possession of land made to different Mamlatdars to be heard by designated Mamlatdar. 75
72C. Designated Tribunal to conduct proceedings in respect of land held by the same tenant in different areas. 76
1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 vii
73. Execution of order for payment of money or for restoring possession. 77
73A. Powers of Collector in inquiries under sub-section (3A) of section 29; provision as respects 77
revision and execution of orders.
74. Appeals. 78
74A. Power of Collector to transfer and withdraw appeals. 79
75. Appeal against award of Collector. 80
76. Revision. 80
76A. Revisional powers of Collector. 80
76AA. Revisional power of Government is certain cases. 81
77. Court Fees. 81
78. Orders in appeals or revision. 81
79. Limitation. 81
80. Inquiries and proceedings to be judicial proceedings. 81
80A. Pleaders, etc., excluded from appearance. 82
CHAPTER VII.
offenceS and PenaltieS.
81. Offences and penalties. 82
CHAPTER VIII.
miScellaneouS.
82. Rules. 83
83. Delegation of powers, functions and duites. 85
83A. Restriction on acquiring land by transfer which is invalid. 86
84. Summary eviction. 86
84A. V alidation of transfers made before appointed day. 86
84B. Certain transfers made between appointed day and commencement of Amending Act, 1955 invalid. 87
viii The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII
84C. Disposal of land, transfer or acquisition of which is invalid. 88
84CC. Dispossession of land in certain circumstances to be ineffective. 89
84D. Temporary leases of land liable to be disposed of under section 32P or 84C. 90
85 Bar of jurisdiction. 91
85A. Suits involving issues required to be decided under this Act. 91
86. Control. 91
87. Indemnity. 91
87A. Saving in respect of provisions of Land Tenures Abolition Acts. 92
88. Exemption to Government lands and certain other lands. 92
88AI. [Deleted]. 94
88A Provisions of Act not to apply to land transferred to or by Bhoodan Samiti. 94
88B. Exemption from certain provisions to lands to local authorities, universities and trusts. 94
88C. Exemption from certain provisions to lands leased by persons with the annual income not exceeding 95
` 1,500.
88CC. Rights of certain tenants to purchase land barred. 96
88CA. Section 32 to 32R not to apply to certain service lands. 96
88D. Power of Government to withdraw exemption. 96
88E. Cessor of exemption in respect of certain public trust lands. 97
89. Repeal. 97
90. Enactments amended. 98
Schedule I 98
Schedule II 101
Schedule III 103
Schedule IV [Deleted]. 104
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PB The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 1
Gujarat Act No. LXVII of 1948.1
[ The 2[GujaraT] Tenancy and aGriculTural lands acT, 1948. ]
[28th December, 1948.]
Adapted and modified by the
Adaptation of Laws Order, 1950.
Amended by Bom. 12 of 1951. Amended by the President's Act. 37 of 1976.
Amended by the Guj. 3 of 1977.,, ,, ,, 34 of 1951. ,, ,, ,, 3 of 1977.,, ,, ,, 45 of 1951. ,, ,, ,, 30 of 1977.,, ,, ,, 33 of 1952. ,, ,, ,, 11 of 1978.,, ,, ,, 60 of 1953. ,, ,, ,, 4 of 1979.,, ,, ,, 13 of 1956. ,, ,, ,, 4 of 1980.
Adapted and modified by the
Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
,,
,,
,,
,,
,,
,,
,,
,,
,,
37 of 1980.
13 of 1981.
5 of 1982.
Amended by Bom. 15 of 1957.* ,, ,, ,, 8 of 1984.
,, ,, ,, 38 of 1957.† ,, ,, ,, 8 of 1986.
,, ,, ,, 63 of 1958.†† ,, ,, ,, 8 of 1987.
,, ,, ,, 21 of 1987.
Adapted and modified by the
Gujarat Adaptation of Laws
(State and Concurrent Subjects)
Order, 1960.
,,
,,
,,
,,
,,
,,
,,
,,
,,
4 of 1995.
7 of 1997.
3 of 2001.
Amended by Guj. 15 of 1957. * ,, ,, ,, 10 of 2009.
,, ,, ,, 16 of 1960. ,, ,, ,, 15 of 2011.
,, ,, ,, 27 of 1961. ,, ,, ,, 16 of 2011.
,, ,, ,, 15 of 1964. ,, ,, ,, 24 of 2011.
,, ,, ,, 24 of 1965. ,, ,, ,, 8 of 2014.
,, ,, ,, 36 of 1965. ,, ,, ,, 5 of 2015.
,, ,, ,, 15 of 1969. ‡ ,, ,, ,, 28 of 2015.
,, ,, ,, 16 of 1969.
,, ,, ,, 2 of 1971.
,, ,, ,, 5 of 1973.
,, ,, ,, 19 of 1973.
,, ,, ,, 2 of 1974.
the President’s Act 7 of 1974.
the President’s Act 15 of 1974.
the President’s Act Guj.14 of 1976.
1. For Statement of Objects and Reasons see Bombay Government Gazette, 1948, Part
V , page 295.
* Section 17 of Bom. 15 of 1957 reads as Follows :–
"17. The amendment made to the said Act by section 2, 3, 4, 5, 6, 7, 8, 9, 11, 12,
13, and 14 and by sub-clause (a) of clause (1) and clause (2) of section 15 of this Act
shall be deemed to have been made and to have come into force on the date on which the
Bombay Tenancy and Agricultural Lands (Amendement) Act, 1955, came into force."
† Section 34 of Bom. 38 of 1957 reads as follows :–
"34 The amendment made to the said Act by sub-section (2) of section 2, sections 3,
4, 5, 11, 12 and 13, sub-section (1) of section 14 and sections 18, 20 and 28 shall be deemed
to have been made and to have come into force on the date of which the Bombay Tenancy
and Agricultural Lands (Amendment) Act, 1956, came into force."
†† Section 21 of Bom. 63 of 1958 reads as follows :–
"21. (1) The amendment made to the principal Act by sections 3, 5, 6, 7, 12, 13, 14,
15, 16, 17, 18 and 20 of the Act shall deemed to have been made and to have come into
force on the date on which the Bombay Tenancy and Agricultual Land (Amendment) Act,
1955 came into force.
(2) The amount of penalty, if any, paid by a transferee under sections 84A of the
principal Act before the coming into force of this Act shall to the extent to which it is in
excess of the amount payable under the said section as amendment by this Act be refunded.
(3) If any transfer in favour of the tenant is declared invalid under section 84B or 84C of the principal Act,
before the coming into force of this Act, and if the tenants pays to the State Government a penalty as prescribed in the
said section 84B or 84C as amended by section 13 or 14 of this such transer shall be revalidated by the mamlatdar."
2. This word was substituted for the word "Bombay" by Guj. 15 of 2011, Sch., Sr. No. 29.
Bom.
XIII of
1956.
Certain
amendments to
have retrospec-
tive effect.
Bom.
XIII of
1956.
Certain
amedements to
have retrospec-
tive effect.
Bom.
XIII of
1956.
Certain amend-
ments to have
retrospective
effect, and refund
of penalty.
2 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 3
An Act to amend the law relating to tenancies of agricultural lands and to
make certain other provisions in regard to those lands.
WHEAREAS it is necessary to amend the law which governs the relations of landlords
and tenants of agricultural lands;
and Whereas on account of the neglect of a landholder of disputes between a land-
holder and his tenants, the cultivation of his estate has seriously suffered, or for the purpose
of improving the economic and social conditions of peasants or ensuring the full efficient use
of land for agriculture, it is expendient to assume management of estate held by landholders
and to regulate and impose restrictions on the transfer of agricultural lands, dwelling houses,
sites and lands appurtenant thereto belonging to or occupied by agriculturists, agrigultural,
labourers and artisans in the Province of bombay and to make provisions for certain other
purpose hereinafter appearing; It is hereby enacted as follows:–
CHAPTER I.
Preliminary.
1. ( 1) This Act may be called the 1[Gujarat] Tenancy and Agricultural Lands Act, 1948.
( 2) It extends to the 2[Bombay area of the State of Gujarat.]
2. In this Act unless there is anything repugnant in the subject or context–
3[(1) "agriculture" includes horticulture, the raising of crops, grass or garden produce,
4[the use by an agriculturist of the land held by him or a part thereof for the grazing of his
cattle, the use of any land, whether or not an appanage to rice or paddy land, for the purpose
of rab manure] but does not include allied pursuits or the cutting of wood only:
5[Provided that in the case of such tracts of land abounding in natural growth of grass
as the State Government may, by notification, in the Official Gazette, specify, "agriculture"
shall include the cutting of grass for any purpose;]
1. This word was substituted for the word "Bombay" by Guj. 15 of 2011, Sch., Sr. No. 29.
2. These words were substituted for the words "pre-Re-organisation State of Bombay excluding the transferred
territories" by the Gujarat Adaptaion of Laws (State and concurrent Subjects) (Third Amendment) order, 1960.
3. C lauses (1) and (1A) were substituted for the original clause (1) by Bom. 13 of 1956, s.2(1).
4. These words were inserted by Bom. 15 of 1957, s. 2 (a).
5. This proviso was added by Guj. 16 of 1960, s. 2.
Short title and
extent.
Definitions.
2 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 3
( 1A) "agricultural labourer" means a person whose principal means of livelihood is
manual labour on land;]
(2) "agriculturist" means a person who cultivates land personally;
2 [(2A) "allied pursuits" means dairy farming, poultry farming, breeding of livestock,
grazing 2 [(other than the pasturage of one's own agricultural cattle)] and such other pursuits
as may be prescribed;
( 2B) "appointed day" means the 15th day of June, 1955.
( 2C) "backward area" means any area declared by the State Government to be a
backward area, being an area in which, in the opinion of the State Government, socially,
economically and educationally backward classes of citizens predominate, and includes
an area declared to be Scheduled area under paragraph 6 of the Fifth Schedule to the
Constitution of India;
( 2D) "ceiling area" means in relation to land held by a person, whether as an owner or
tenant or partly as owner and partly as tenant, the area of land fixed as a ceiling area under
section 5 or 7;
( 2E) "Collector" includes an Assistant or Deputy Collector performing the duties
and exercising the powers of the Collector under the Bombay Land Revenue Code, 1879,
or any other officer specially empowered by the State Government to perform the function
of the Collector under this Act;]
( 3) " Co-operative Socitey" means a society registered under the provisions of the
Bombay Co-operative Society Act, 1925, or a society deemed to have been registered under
the said Act;
( 4) C o-operative Farming Society" means a society registered as such under the
Bombay Co-operative Socities Act, 1925;
3[ (5) "to cultivate" which its grammatical variations and cognate expressions means
to till or husband the land for the purpose of raising or improving agricultural produce,
whether by manual labour or by means of cattle or machinery, or to carry on any agricultural
operation thereon; and the expression "uncultivated" shall be constructed correspondingly.
Explanation.–A person who takes up a contract to cut grass, or to gather the fruits or
other produce of trees on any land, shall not on that account only be deemed to cultivate
such land;]
4[ (6) "to cultivate personally" means to cultivate land on one's own account–
( i) by one's own labour, or
( ii) by the labour of any member of one's family, or
( iii) under the personal supervision of oneself or any member or one's family, by hired
labour or by servants on wages payable in cash or kind but not in crop share.
5[ * * * ]
1. Clauses ( 2A) , (2B), (2C), (2D) and (2E) were substituted for clauses (2A) by Bom. 13 of 1956, s. 2(2).
2. This protion was inserted by Bom. 15 of 1957, s. 2(b).
3. Clause (5) was substituted for the original by Bom. 13 of 1956, s. 2 (3).
4. Clause (6) was substituted for the original, ibid., s. 2 (4).
5. This portion was deemed always to have been deleted by Guj. 3 of 2001, s. 2.
Bom. V
of 1879.
Bom. VII
of 1925.
Bom. VII
of 1925.
4 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 5
1[ * * * * * *]
Explanation I.—A widow or a minor, or a person is subject to physical or mental
disability, or a serving member of the armed forces shall be deemed to cultivate the land
personally if such land is cultivated by servants, or by hired labour, or through tenants.
Explanation II.— In the case of a joint family, the land shall be deemed to have been
cultivated personally, if it is cultivated by any member of such family, 2[and in the case of
a family other than a joint family, a person, other than the husband, or, as the case may by,
wife of the person concerned or any of his lineal descendants dependant on him, shall not
be deemed to be a member of the family.]
3 [ * * * * * *]
4[ * * * * * *]
5[ (6A) "to hold land" as an owner or tenant shall, for the purposes of clause (2D) of
this section and sections 32A, 32B, 34 and 35, mean to be area of land fixed as an economic
holding under section 6 or 7;
(6B) "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];
6[(6C) "to hold land" as an owner or tenant shall, for the purposes of clause (2D) of
this section and sections 32A, 32B, 34 and 35, mean is be lawfully in actual possession of
land as an owner or tenant, as the case may be;]
(7) "Improvement" means with reference to any land, any work which adds to the
value of the land and which is suitable thereto as also consistent with the purpose for which
it is held; and includes—
( a) the construction of tanks, wells, water channels, embankments and
other works for storage, supply or distribution of water for agricultural purpose;
( 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;
( c) the reclaiming, clearing, enclosing, levelling or terracing of land.
( d) the erection of buildings on the land, required for the convenient or profitable
use of such land for agricultural purpose; and
1. This proviso was deleted by Guj. 5 of 1973, s. 2(1) (a).
2. This portion was added, ibid., s. 2(1) (b).
3. Explanation III inserted by Guj. 5 of 1973, s. 2(1) (c) was deemed always to have been deleted by Guj. 3
of 2001, s. 2.
4. Clause (6 AA) which was inserted by Bom. 38 of 1957, s. 2(1) was deleted by Bom. 63 of 1958, s. 2.
5. Clauses (6 A) and (6B) were inserted by Bom. 13 of 1956, s. 2(5).
6. Clause (6C) was inserted by Bom. 15 of 1957, s. 2 (c).
Bom.
LXII of
1947.
4 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 5
( e) the renewal or reconstruction of any of the foregoing works or alterations
therein or additions thereto as are not of the nature of ordinary repairs; but does not
include such clearances, embankments, levellings, enclosures, temporary wells, water
channels and other works as are commonly made by the tenants in the ordinary course
of agriculture;
1[(7A) "joint family" means an undivided Hindu Family, and in the case of
other persons a group or unit the members of which are by custom joint in estate or
residence;]
2[(8) "land" means–
(a) land which is used for agricultural purpose 3[or which is so used but is left
fallow, and includes the sites of farm buildings ] appurtenants to such land; and
(b) for the purposes of sections 11, 16, 17, 17A, 17B, 18, 19, 20, 26, 28, 29,
29A, 30, 41, 4[43] , 63, 64, 64A, 84A ,84B and 84C–
(i) the sites of dwelling houses occupied by agriculturists, agricultural labourers
or artisans and land appurtenant to such dwelling houses.
(ii) the sites of structures used by agriculturiests for allied pursuits;]
(9) "landholder" means a zamindar, jagirdar, saranjamdar, inamdar, talukdar, malik or
khot or any person not hereinbefore specified who is a holder of land or "who is interested
in land and whom the 5[State] Government has declared on account of the extent and value
of the land or his interests therein to be a landholder for the purpose of this Act;
6[(9A) "landless person" means a person who, holding no land for agricultural purpose,
whether as an owner or tenant earns his livelihood principally by manual labour; and intends
to take the profession of agriculture and is capable of clutivating land personally;]
(10) "Mamlatdar" includes a Mahalkari and any other officer, whom the
5[State] Government may appoint to perform the duties of a Mamlatdar under this Act;
7[(10A) "permanent tenant" means a person–
(a) who immediately before the commencement of the Bombay Tenancy and
Agricultural Lands (Amendment) Act, 1955 (hereinafter called "the Amending Act,
1955"),–
1. Clause (7 A) was inserted by Bom. 13 of 1956, s. 2(6).
2. Clause (8) was substituted for the oridinal, ibid., s. 2(7).
3. These words were substituted for the words" and the sites of farm buildings" by Bom. 15 of 1957, s. 2 (d).
4. These figures were inserted by Guj. 30 of 1977, s. 2.
5. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
6. Clause (9 A) was inserted by Bom. 13 of 1956, s. 2(8).
7. Clause (10 A) was inserted, ibid., s. 2 (9).
6 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 7
(i) holds land as mulgenidar or mirasdar; or
(ii) by custom, agreement or the decree or order or a Court holds the
land on lease permanently; or
( b) the commencement or duration of whose tenancy cannot satisfactorily be
proved by reason of antiquity;
and includes a tenant whose name or the name of whose predecessor-in-title has
been entered in the record of rights or in any public record or in any other revenue
record as a permanent tenant immediately before the commencement of the Amending
Act, 1955];
(11) "person" includes 1[ a joint ] 2[* * ]family;
(12) "prescribed" means prescribed by rules made under this Act;
(13) "profits of agriculture" in respect of any land means the surplus remaining
3[with the holder] after the expenses of cultivation including the wages of the cultivator
working on the land are deducted from the gross produce.
4[Explanation.–If the members of the family of a holder work on the land for the
purpose of cultivation thereof, the labour of such members shall be taken into account in
estimating the expenses of cultivation referred to in this caluse];
(14) "protected tenant" means a person who is recognised to be a protected
tenant 5[under section 4A];
6[ * * * * * ]
(16) "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;
7[(16A) "serving member of the armed forces" means a person in the service
of the armed forces of the Union:
Provided that if 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 shalll be final;
(16B) "small holder" means an agriculturist cultivating land less in area than an
economic holding who earns his livelihood principally by agriculture or by agricultural
labour;]
8[(16C) "specified date" means the date of the coming into force of the
Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1972;]
(17) "tenancy" means the relationship of landlord and tenant;
1. These words were substituted for the words "an undivided" by Bom. 13 of 1956, s. 2(10).
2. The word "Hindu" was deleted by Bom. 38 of 1957, s. 2(2).
3. These words were substituted for the words "with the cultivator" by Bom. 13 of 1956, s. 2 (11) ( a).
4. This Explanation was inserted, ibid., s. 2 (11) (b).
5. These words, figure and letter were substituted for the words and figures " under section 31", ibid.,
s. 2(12).
6. Clause (15) was deleted, ibid., s. 2 (13).
7. Clasuses (16 A) and (16B) were inserted, ibid., s. 2 (14).
8. Clasuse (16 C) was inserted by Guj. 5 of 1973, s. 2(2).
Guj. 5 of
1973.
6 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 7
1[(18) "tenant" means a person who holds land on lease and includes–
(a) a person who is deemed to be a tenant under section 4;
(b) a person who is a protected tenant; and
(c) a person who is a permanent tenant;
2[(d) a person who, after the surrender of his tenancy in repect of any land
at any time after the appointed day but before the specified date has continued,
or is deemed to have continued, to remain in actual possession, with or without
the consent of the landlord, of such land till the specified date;]
and the word "landlord" shall be construed accordingly;]
(19) "Tribunal" means the Agricultural Lands Tribunal constituted under
section 67;
3[(20) "Village" means a village recognised as such in the revenue
accounts;]
4[(20A) "Warkas lands" means land which is used for the purpose of rab
manure in connection with rice cultivation and is classified in the revenue record
as Warkas;]
(21) words and expressions used in this Act but not defined shall have
the meaning assigned to them in the Bombay Land Revenue Code, 1879, and the
Transfer of Property Act, 1882, as the case may be.
CHAPTER II.
General ProviSionS reGardinG tenancieS.
3. T he provisions of Chapter V of the Transfer of Property Act, 1882, shall
in so far as they are not inconsistent with the provisions of this Act, apply to the
tenancies and leases of land to which this Act applies.
4. A person lawfully cultivating any land belonging to another person shall be
deemed to be a tenant if such land is not cultivated personally by the owner and
if such person is not–
(a) a member of the owner's family; or
(b) a servant on wages payable in cash or kind but not in crop share or a hired la-
bourer cultivating the land under the personal supervision of the owner or any member of
the owner's family, or
(c) a mortgagee in possession.
Explanation 5[I].– A person shall not be deemed to be a tenant under this section
if such person has been on an application made by the owner of the land as provided
under section 2A of the Bombay Tenancy Act, 1939 declared by a competent authority
not to be a tenant.
1. This clause was substituted for the original by Bom. 13 of 1956, s. 2(15).
2. Item (d) was inserted by Guj. 5 of 1973, s. 2(3).
3. This clause was substituted for the orginal by Bom. 13 of 1956, s. 2(16).
4. This clause was inserted by Bom. 15 of 1957, s. 2(c).
5. The existing Explanation was renumbered as Explanation I by Bom. 38 of 1957, s. 3.
Bom. V
of 1879.
IV of
1882.
IV of
1882.
Application
of Chapter V
of Transfer of
Property Act.
Persons to be
deemed tenants.
Bom.
XXIX of
1939.
8 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 9
1[Explanation II.– Where any land is cultivated by a widow or a minor or a
person who is subject to physical of mental disability or a serving member of the armed
forces through a tenant then notwithstanding anything contained in Explanation I to clause
(6) of section 2, such tenant shall be deemed to be a tenant within the meaning of this
section.]
2[4A. For the purpose of this Act, a person shall be recognised to be a protected tenant,
if such person has been deemed to be a protected tenant under sections, 3, 3A and 4 of the
Bombay Tenancy Act, 1939 referred to in Schedule 1 to this Act.
4B. No tenancy of any land 3[(other than tenancy created with the previous sanction
of the Collector under section 73AA of the Bombay Land Revenue Code, 1879)] shall be
terminated merely on the ground that the period fixed by agreement or usage for its duration
has expired.]
4[5. (1) For the purpose of this Act, the ceiling area of lands shall be–
(a) 48 acres of jirayat land, or
(b) 24 acres of seasonally irrigated land or paddy or rice land, or
(c) 12 acres of perennially irrigated land.
( 2) Where the land held by a person consists of two or more kinds of land
specified in sub-section (1), the ceiling area of such holding shall be determined
on the basis of one acre of perennially irrigated land being equal of two acres of
seasonally irrigated land or paddy or rice land, or four acres of jirayat land.
5[(3) Where in any case the ceiling area as determined under the provisions of
the Gujarat Agricultural Lands Ceiling Act, 1960 as in force for the time being is
less than the ceiling area specified in this section, then, notwithstanding anything
contained in this section, the ceiling area of land as determinaed under the said Act
shall be the ceiling area for the purposes of this Act.]
6[Explanation.–In calculating the ceiling area warkas land shall be excluded.]
6. (1) For the purpose of this Act, an economic holding shall be –
(a) 16 acres of jirayat land, or
(b) 8 acres of seasonally irrigated land, or paddy or rice land, or
(c) 4 acres of perennially irrigated land.
(2) Where the land held by a person consists of two, or more kinds of land specified
in sub-section (1), an economic holding shall be determined on the basis applicable
to the ceiling area under sub-section (2) of section 5.
7[Explanation.–In calculating an economic holding warkas land shall be excluded.]
1. Explanation II was inserted by Bom. 38 of 1957, s. 3.
2. Sections 4A and 4B were inserted by Bom. 13 of 1956, s. 3.
3. These brackets, words, figures and letters were inserted by Guj. 37 of 1980, s. 5, Sch., Sr. No. 1 (1).
4. These sections were substituted for sections 5,6,7,8 and 9 by Bom. 13 of 1956, s. 4.
5. Sub-section (3) was inserted by Guj. 2 of 1974, s. 30.
6. This Explanation was added by Bom. 15 of 1957, s. 3.
7. This Explanation was added, ibid., s. 4.
Protected
tenants.
Bom.
XXIX of
1939.
Tenancy not to
be terminated
by efflux of
time.
Ceiling area.
Guj.
XXV II
of 1961.
Economic
holding.
8 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 9
6A. For the purpose of this Act,-
(a) irrigated Land, whether perennially or seasonally irrigated, shall not include
land irrigated by source other than canals or bandharas within the meaning of the Bombay
Irrigation Act, 1979, or any lift irrigation system constucted or maintained by the State
Government;
(b) seasonally irrigated land shall include alluvial land and land situated in
the bed of a river and seasonally flooded by the water of such river.
7. Notwithstanding anything contained in section 5 and 6, it shall be lawful for the
State Government, if it is satisfied that it is expedient so to do in the public interest, to
vary, by notification in the Official Gazette , the acreage of the ceiling area or economic
holding, or the basis of determination of such ceiling area or economic holding under
sub-section (2) of section 5, regard being had to-
(a) the situation of the land,
(b) its productive capacity,
(c) the fact that the land is located in a backward area, and
(d) any other factors which may be prescribed:
1[Provided that the extent of ceiling area shall not be varied so as to increase if
it is already in excess of the ceiling area as determine for the time beining under the
Gujarat Agricultural Land Ceiling Act, 1960, or so as to exceed the extent of ceiling
area as so determined if it is less than such extent.]
8. (1) Subject to the provision of this Act.-
(a) but notwithstanding any law, custom, usage, agreement or the decree
or order of a court, the rent payable shall be paid annually, and in cash;
(b) such rent shall not exceed five times the assessment payable in respect
of the land or twenty rupees per acre whicher is less, and shall not be less than twice
such assessement:
Provided that where the amount equal to twice the assessment exceeds the sum
of twenty rupees per acre, the rent shall br twice the assessment.
(2) For the purpose of this section “assessment”means-
(i) in areas in which a settlement has been made under Chapter VIIIA of the
Bombay Land Revenue Code, 1879, or in which the assessment has been fixed under
section 52 of the said Code the assessment so settled or fixed;
(ii) in areas to which rule 19N of the Land Revenue Rules, 1921, applies such
assessment as may be leviable under that rule;
(iii) in areas to which the Bombay Merged Territories and Areas (Jagirs Abolition)
Act, 1953 applies the assessment fixed under section 7 of that Act;
(iv) in areas in which the assessment is payable in crop share or produce, such
assessment as may be fixed by the State Government in accordance with the principles
laid down in rule 19-O of the Land Revenue Rules,1921.
1. This proviso was added by Guj. 5 of 1973, s.3.
Irrigated
land.Bom.
VII of
1979.
Power of
Government
to vary
ceiling
area and
economic
holding.
Guj
XXVII Of
1961.
Rent and
its
maximum
and
minimum.
Bom. V of
1879.
Bom.
XXXIX of
1954.
10 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 11
(3) If by custom, usage, agreement or the decree or order of a court, the amount of
rent payable is less than the maximum or minimum specified in subsection (1), the amount
so payable shall be the rent in respect of the land.
Explanation.–In respect of any land which is partially or wholly exempt from the
payment of land revenue, the full amount of assessment leviable in respect of such land
shall be deemed to be the assessment in respect thereof for the purpose of sub-section (1) as
if the land was not exempt from the payment of the land revenue either partially or wholly.
9. (1) Subject to the maximum and minimum limits of rent fixed under section 8, the
Mamlatdar shall for each village, or group of villages or for any area in such village or group,
within his jurisdiction, fix the reate of rent payable by a tenant for the lease of different classes
of land situate in such village or group of villages or areas, as the case may be:
1[2[Provided that this sub-section shall not apply to rent payable in accordance with
the provisions of sub-section (3) of section 8 where it is lower than the rent at the rate fixed
by the Mamlatdar under this section.]]
(2) In arriving at such rate the Mamlatdar shall have regard to the rents prevalent in
the locality, the productivity of the lands, the prices of commodities and such other factors
as may be prescribed.
(3) The rate of rent so fixed shall continue for a period of five years and shall be liable
to be revised by the Mamlatdar thereafter at the end of each successive period of five years:
Provided that the rate of rent so fixed, if not revised at the end of any such period,
shall continue until it is so revised.
(4) The rent payable by a tenant to his landlord in respect of any land in a village or
group of villages, or areas, shall be at the rate fixed under subsection (1):
Provided that the Mamlatdar or the Collector, subject to the provisions of section 8,
may at any time during any such period of five years, on an application made to him in this
behalf,–
(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
(ii) enhance the rent, if he is satisfied that on account of any improvement made in the
land, at the expense of the landlord, thExcerpt shown. Open the full act in Lexace.