Bare ActsThe Bombay Tenancy and Agricultural Lands Act-1948

Section 2

Section 63AB, 63AC and 63AD were inserted by Guj

Amendment status not verified — confirm the current text below against the official source.

Section 63AB, 63AC and 63AD were inserted by Guj. 28 of 2015, s. 3. Last transaction if made to an agriculturist to be valid even if earlier transaction or transactions may be invalid. 68 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII 63AC. (1) Notwithstanding anything contained in section 63 or 63AD but subject to the provisions of any other law for the time being in force, any institution registered as a public trust for charitable purpose under the Gujarat Public Trusts Act, 1950, or any company registered under the Companies Act, 2013 which has in its objects the promotion of charity and to which provisions of section 8 of the said Act are applicable, has purchased the land in contravention of the provision of sub-section (1) of section 63 on or before the 30th June, 2015, such institution shall be entitled to make an application within six months from the commencement of the Gujarat Tenancy and Agricultural Land Laws (Amendment) Act, 2015, to the Collector for conversion of such land into non-agricultural purpose. (2) On an application made under sub-section (1), the Collector shall make a detailed inquiry and comes to the conclusion that such institution has, in contravention of the provisions as referred to in sub-section (1) purchased the land, he shall call upon such public trust or the company as referred to in sub-section (1) to pay such amount in such manner as may be prescribed by the Sate Government and if such public trust or company pays such sum as directed by the Collector, the Collector shall allow the conversion of such land into the non-agriculture purpose and pass the order accordingly. 63AD. (1) Notwithstanding anything contained in section 84C, where the Mamalatdar suo moto or on the application of any person, has reason to believe that, in the breach of the provisions of clause (a), (b) or (c) of sub-section (1) of section 63, transfer of the land has taken place in favour of a person who is not an agriculturist or in favour of any institution, the Mamalatdar shall issue a notice to such person or institution and, after affording an opportunity of being heard, decide whether the transfer of the land is valid or not. (2) If the Mamalatdar comes to a decision that the transfer of such land is not valid then he shall pass an order thereby,- (i) imposing the penalty of three times the amount of the prevailing Jantri of such land on such person or institution in whose favour such land is not validly transferred; and (ii) directing the person or institution in whose favour such land is not validly transferred to restore the land along with the rights and interest there in to the position in which it was immediately before such transfer within a period of one month of such order. Explanation - For the purpose of this Act, the expression "Jantri" means the index of base market values as may be determine by the State Government from time to time.] 1[64. (1) Where a landlord intends to sell any land, he shall apply to the Tribunal for determining the reasonable price thereof. The Tribunal shall thereupon determine reasonable price of the land in accordance with the provisions of section 63A. The Tribunal shall also direct that the price shall be payable either in lump sum, or in annual instalments not exceeding six carrying simple interest at 4 l 2 per cent. per annum: Provided that in the case of sale of the land in favour of a permanent tenant when he is in possession thereof, the price shall be a six times the annual rent. (2) After the Tribunal has determined the reasonable price, the landlord shall simultaneously in the prescribed manner make an offer,—

Section 2 – The Bombay Tenancy and Agricultural Lands Act-1948 | DailyLaw.ai