Section 91 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
91. Sale of agricultural land to particular person.
(1)Where a landlord intends to sell any land, leased to tenant he shall apply to the Tribunal for determining the reasonable price thereof. The Tribunal shall thereupon determine the reasonable price of the land in accordance with the provisions of Section 90. The Tribunal shall also direct that the price shall be payable either in lumpsum, or in annual instalments not exceeding six carrying simple interest at 4½ per cent per annum.(2)After the Tribunal has determined the reasonable price, the landlord shall simultaneously in the prescribed manner make an offer-(a)in the case of agricultural land to-(i)the tenant in actual possession of the land, and(ii)all persons and bodies mentioned in the priority list in Section 84;(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-(i)to the tenant thereof, and(ii)to the person residing in the village who is not in possession of any dwelling house:Provided that if there are more than one such person the offer shall be made to such person or persons and in such order of priority as the Collector may determine in this behalf having regard to the needs of the following persons, namely:-(i)an agricultural labourer.(ii)an artisan.(iii)a person carrying on an allied pursuit.(iv)any other person in the village.(3)The persons to whom such offers are made shall intimate to the landlord within one month from the date of receipt of the offer whether they are willing to purchase the land at the price fixed by the Tribunal.(4)(a)If only one person intimates to the landlord under sub-section (3) his willingness to accept the offer made to him by the landlord under sub-section (2), the landlord shall call upon such person by a notice in writing in the prescribed form 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.(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.(5)If the person to whom a notice is given by the landlord under sub-section (4) fails to pay the amount of the reasonable price to the landlord or to deposit the same with the Tribunal within the period referred to in sub-section (4), such person shall be deemed to be not willing to purchase the land and the landlord shall in the manner provided in subsection (4) call upon the person who stands next highest in the order of priority and who has intimated his willingness to the landlord under sub-section (3).(6)If any dispute arises under this section regarding-(a)the offer made by the landlord under sub-section (2), or(b)the notice given by the landlord under sub-section (4) or (5), or(c)the payment or deposit of the reasonable price, or(d)the execution of the sale deed, such dispute shall be decided by the Tribunal.(7)(a)Notwithstanding anything contained in the foregoing provisions of this section a landlord may, after obtaining the previous permission of the Tribunal as provided in the next succeeding clause (b), sell any land, notwithstanding the fact that such land is a fragment, to the tenant in actual possession thereof at a price mutually agreed upon between him and the tenant subject to the provisions of Section 90.(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.(8)Any sale made in contravention of this section shall be invalid.(9)If a tenant refuses or fails to purchase the land or a dwelling house offered to him under this section and the land or the dwelling house, as the case may be, is sold to any other person under this section, the landlord shall be entitled to evict such tenant and put the purchaser in possession:Provided that no refusal of the tenant shall be valid unless it has been verified before the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule Ill, Clause 1.] in the prescribed manner.
