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State of Gujarat - Section

Section 7 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958

7. [ Permanent tenants. [Section 7 was substituted for the original by Schedule Ill, Clause 4.]

(1)For the purposes of this Act, a person shall be deemed to be a permanent tenant on the date of the commencement of this Act, if his name has been recorded in the record of rights or other public or revenue record as a permanent tenant in respect of any land-
(a)on the date of the commencement of this Act, or
(b)in pursuance of orders issued during the course of any proceedings under the Code,
(i)before the commencement of this Act, or
(ii)after the commencement of this Act in cases in which inquiries were pending at the commencement of this Act, or
(c)in pursuance of an order issued by the Mamlatdar under sub-section (3).
(2)For the purposes of this Act, a person-
(a)who on the date of the commencement of this Act, was holding any land and cultivating it personally, and
(b)who and whose predecessors-in-title, if any, wee immediately before that date for such continuous period aggregating to a total continuous period of twelve years or more, holding the same land or any other land as a tenant under the same landlord and cultivating it personally, shall, unless it is proved by the landlord that he would not have been a permanent tenant on the basis of continued possession of the land under clause (b), be also deemed to be a permanent tenant of the land.
(3)The rights of a permanent tenant under this section shall be entered in the record of rights unless the landlord applies in writing to the Mamlatdar within six months from the date of the commencement of this Act for a declaration that any tenant under him is not a permanent tenant, and the application is allowed.]