Amendment status not verified — confirm the current text below against the official source.
(1) Every tenant shall be deemed to be protected tenant for the purposes of this Act, if he – (a) held any land and cultivated it personally continuously for a period of not less than six years immediately preceding the 1st day of April, 1937 and was evicted from such land on or after such date otherwise than by order of a competent authority on any of the grounds specified in section 14 of this Act, or (b) held any land and cultivated it personally continuously for a period of not less than six years immediately preceding the first day of April, 1944 and was evicted from such land on or after such date otherwise than by order of a competent authority on any of the grounds specified in section 14 of this Act : Provided that any tenant who had been evicted from the land in consequence of his failure to tender the rent referred to in section 9 of the Bombay Small Holders Relief Act, 1938, as provided therein, snall not be deemed to be a protected tenant for the purpose of this Act, unless he had paid to the landlord such rent in cases falling under clause (a) within four months from the date on which this section came into force in the area in which the land is situated and in cases falling under clause (b) within six months from the eighth day of November, 1946. (2) A person who is deemed to be a protected tenant under sub-section (1) shall, if he had intimated in writing to the landlord in cases falling under clause (a) of sub-section (1) within one year after the coming into force of this section in the area in which the land is situated and in cases falling under clause (b) of sub-section (1) within one year after the eighth day of November 1946, that he is willing to hold the land on the same terms and conditions on which he held it at the time when he was evicted be entitled to recover possession of the land– (a) in cases falling under clause (a) of sub-section (1)– (i) if the land has been leased out by the landlord for a period expiring after the 31st day of May Bom. VIII of 1938. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 101 SCHEDULE I–contd. Year 1 No. 2 Short title 3 Extent of repeal 4 immediately following the date of the coming into force of this section in the area in which the land is situated, from the date on which such lease expires; and (ii) in other cases, from the 1st day of June immediately following the date of the coming into force of this section in the area in which the land is situated; (b) in cases falling under clause (b) of sub-section (1)– (i) if the land has been leased out by the landlord for a period expiring after 31st day of May from the date on which such lease expires ; (ii) in other cases from the 1st day of June 1947 and on so recovering possession, he shall subject to the provisions of this Act, hold the land on the said terms and conditions. (3) The provisions of this section shall not apply in cases where the landlord is using the land for any of the purpose mentioned in sub-section (1) of section 34 of this Act. 1[SCHEDULE II (See sections 10A and 90) Year 1 No. 2 Short title 3 Extent of amendment 4 1879 V The Bombay Land Revenue Code,