Section 36 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
36. Procedure of taking possession.
(1)A tenant or an agricultural labourer or artisen entitled to possession of any land or dwelling house or site used for any allied pursuit under any of the provisions of this Act or as a result of eviction in contravention of sub-section (2) may apply in writing for such possession to the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.]. The application shall be made in such form as may be prescribed and within a period of two years from the date on which the right to obtain possession of the land, dwelling house or site is deemed to have accrued to the tenant, agricultural labourer or artisan, as the case may be.(2)[Save as otherwise provided in sub-section (3-A), no landlord] [These words, brackets, figures and letter were substituted for the words 'No landlord' by Gujarat 24 of 1965, Section 13 (1).] shall obtain possession of any land, dwelling house or site used for any allied pursuit held by a tenant except under as order of the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.]. For obtaining such order he shall make an application in the prescribed form and within a period of two years from the date on which the right to obtain possession of the land, dwelling house or site, as the case may be, is deemed to have accrued to him:Provided that in cases where a notice has been given under Section 38, such application shall be made within two months from the date of the expiry of such notice.(3)On receipt of an application under sub-sections (1) or (2), the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] shall, after holding an inquiry, pass such order thereon as he deems fit:Provided that where an application under sub-section (2) is made by a landlord in pursuance of the right conferred on him under Section 38, the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule Ill, Clause 1.] may first decide as preliminary issue, whether the conditions specified in clauses (c) and (d) of subsection (3) and clauses (b), (c) and (d) of sub-section (4) of that section are satisfied. If the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule Ill, Clause 1.] finds that any of the said conditions are not satisfied, he shall reject the application forthwith.[(3-A) Where a landlord proceeds for termination of the tenancy under sub-section (1) of Section 57-B, 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.] [Sub-section (3A) was inserted by Gujarat 24 of 1965, Section 13 (2).](4)Any person taking possession of any land, dwelling house or site used for any allied pursuit except in accordance with the provisions of [sub-sections (1), (2), or as the case may be (3-A)] [These words, brackets, figures and letter were substituted for words, brackets and figures 'subsection (1) or (2), as the case may be', by Gujarat 24 of 1965, Section 13 (3).] shall be liable to forfeiture of crops, if any, grown in the land in addition to payment of costs as may be directed by the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] or by the Collector and also to the penalty prescribed in Section 117.
