Section 32P in The Bombay Tenancy and Agricultural Lands Act, 1948
32P. Power of Collector to resume and dispose of land not purchased by tenant [and appeal against Collector's order.] [These words were inserted by Gujarat 36 of 1965 section 4(iv) (w.e.f. 01-02-1966).]
(1)Where the purchase of any land by tenant under section 32 becomes ineffective [under the foregoing provisions of this sub-chapter] [These words, were substituted for the words figures, brackets, and letters 'under section 32G, or 32M' by Gujarat 16 of 1960, section 13 (1).] [or where the tenant fails to exercise the right to purchase land under section 43-ID within the period specified in that section] [These words, figures and letter were inserted by Gujarat 24 of 1965, section 5.] [***] [The words, figures and letters' or where a tenant fails to exercise the right to purchase the land held by him within the specified period under section 32F or 32-0' were deleted by Gujarat 16 of 1960, section 13(2).] the Collector may suo motu or on an application made in this behalf and after holding a formal inquiry direct that the land shall be disposed of in the manner provided in sub-section (2).(2)[Such direction shall, subject to the [provisions of sub-sections (2AA) and (2A)] [These words, brackets, figures and letter were substituted for the words 'Such direction shall provide' Gujarat 24 of 1965, section 4(i) i (a).], provide] [This proviso was added by Gujarat 16 of 1960, section 11.]-(a)that the tenancy in respect of the shall be terminated and the tenant be summarily evicted:[***] [Clause (b) was deleted, by Gujarat 5 of 1973, section 12 (b).](c)that [***] [The words and figures 'if the entire land or any portion thereof cannot be surrendered in accordance with the provisions of section 15' were deleted, by Gujarat 5 of 1973, section 12 (1) (c) (i).] the entire land or such portion thereof, as the case may be, notwithstanding that it is a fragment, [shall subject to the terms and conditions as may be specified in the direction be disposed of by sale] [These words were substituted for the words 'shall be disposed of by sale' by Gujarat 36 of 1965, section 4 (i) (b) (w.e.f. 01-02-1966).] to person in the following order of priority (hereinafter called "the priority list") :-and conditions as may be specified in the direction be disposed of by sale] to person in the following order of priority (hereinafter called "the priority list"):-[(a-i) the tenant whose tenancy in respect of that land is terminated if such tenant is willing to accept the offer of sale, provided the occasion for the issue of such direction has not arisen by reason of an act of collusion between such tenant and the landlord] [Item (a-I) was inserted by Gujarat 5 of 1973, section 12(1) (c) (ii).](i)a co-operative farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons;(ii)agricultural labourers;(iii)landless persons;(iv)small holders;(v)a co-operative farming society of agriculturists (other than small holders) who hold either as owner or tenant or partly as owner and partly as tenant, land less in area than an economic holding and who are artisans:(vi)an agriculturist (other than a small holder) who holds either as owner or tenant or partly owner and partly as tenant, land les in area than an economic holding and who is an artisan;(vii)an other co-operative farming society;(viii)any agriculturist who holds either as owner or tenant or partly as owner and partly as tenant land larger in area than an economic holding but less in area than the ceiling area;(ix)any person not being an agriculturist, who intends to take to the profession of agriculture:[Provided that the State Government may, by notification in the Official Gazette, give, in relation to such local areas as it may specify, such priority in the above order as it thinks fit to any class of persons who, by reason of the acquisition of their land for any development project approved for the purpose by the State Government, have been displaced, and require to be re-settled;] [This proviso was added by Bombay 15 of 1957, section 10.][Provided further that-(a)where there are two or more co-operative farming societies falling under item, (i), (v) or (vii), preference amongst them shall be given in the following order, namely:-(1)a co-operative farming society each of the members of which belongs to a Scheduled Tribe;(2)a co-operative farming society the membership of which is held partly by persons belonging to a Schedule Tribal and partly by persons belonging to a Schedule Caste;(3)a co-operative farming society each of the members of which belongs to a Scheduled caste;(4)a co-operative farming society the membership of which is not solely held by persons belonging to a Schedule Tribe or Schedule Caste;(b)in the case of persons falling under items (ii), (iii) and (iv) preference shall be given in the following order, namely:-(1)a person belonging to a Schedule Tribe;(2)a person belonging to a Schedule Caste;(3)other persons.](2AA)[ Where in any case the direction under sub-section (2) provides that the land in respect of which the tenancy is terminated shall be disposed of by sale to the tenant referred to in sub-clause (a-I) of clause (c) of sub-section (2), the tenant shall be liable to be evicted only if the land or, as the case may be, the portion thereof could not be disposed of by sale to him.] [Sub-section (2AA) was inserted, by Gujarat 5 of 1975, section 12(2).](2A)[ Where the tenancy in respect of any land is terminated under clause (a) of subsection (2) but the tenant of such land is a co-operative farming society of the type referred to in sub-clause (i) of clause (c) of sub-section (2), the direction under subsection, the direction under sub-section (2) shall further provide-(i)that [***]the entire land or such portion thereof, as the case may be, shall be disposed of by sale to the co-operative farming society which was the tenant of the land or as the case may be, portion thereof immediately before the termination of the tenancy under clause (a) of subsection (2).Provided that the total acreage of the land to be so disposed of shall not exceed an area arrived at by multiplying the ceiling area by the total number of the members of the co-operative farming society;(ii)that on he termination of the tenancy under clause (a) of sub-section (2), the co-operative farming society shall be liable to be evicted only from such portion of the land as could not be disposed of by sale to it under a direction issued under sub-section (2).][***] [Sub-section (3) was deleted, by Gujarat 5 of 1973, section 12(4).](4)[Where the land or portion thereof is offered for sale] [These words were substituted for the words 'Where any land' or portion thereof cannot be surrendered in favour of the landlord and where such land or portion is 'offered for sale' by Gujarat 5 of 1973, section 12(b).] under sub-section (2) but no person comes forward to purchase such land or portion, such land or portion, as the case may be, shall vest in the State Government and the Collector shall determine the price of such land or portion in accordance with the provisions of section 63A and the amount of the price so determined shall, subject to the provisions of section 32Q, be paid to the owner thereof.(5)Where any land is sold under sub-section (2), the Collector shall determine the price of the land in accordance with the provisions of section 63A and the price so determined shall be payable by annual instalments not exceeding six with simple interest at the rate of 4½ per cent, per annum as the Collector may determine and the price of the land recovered from the purchaser shall, subject to the provisions of section 32Q, be paid to the owner thereof.(6)[ On the payment of the last instalment of the price, together wit the interest due, the Collector shall issue a certificate of purchase in the prescribed form to the purchaser in respect of the land. Such certificate shall be conclusive evidence of purchase.(7)(a)[Where before the specified date, any land has been surrendered to a landlord under sub-section (2) of this section as in force immediately before such date] [Sub-sections (6) to (11) were inserted by Guj, 36 of 1965, section 4(iii) (w.e.f. 01-02-1966).]; and the landlord has taken possession of the land, the landlord shall be liable to cultivate the land personally and shall be entitled to the use and occupation of the land so long as he cultivates the land personally.(b)If he fails to so cultivate the land he shall be evicted from the land and the land shall be disposed of in accordance with the provisions of section 84C.(8)[No land of the description referred to in sub-section (7)] [These words, brackets, and figures were substituted for the words, brackets and figure 'No land surrendered to a landlord under sub-section (2)' by Gujarat 5 of 1973, section 12 (7).] shall be transferred by sale, gift, exchange, mortgage, lease, or assignment or partitioned without the previous sanction of the Collector and except on payment of such amount as the State Government may by general or special order determine.(9)Any person aggrieved by any order made by the Collector under the foregoing provisions of this section may appeal to the State Government against such order.(10)The State Government shall after giving an opportunity to the parties to be heard, decide the appeal.(11)The order of the Collector, subject to such appeal and decision of the State Government on appeal, shall be final] [Sub-section (2A) was inserted, by Gujarat 36 of 1965, section 4(ii) (w.e.f. 01-02-1966).]
