Section 17B in The Bombay Tenancy and Agricultural Lands Act, 1948
17B. Tenant to be deemed to have purchased sites referred to in section 16 from specified date.
- [(1) On and with effect from such date as the State Government may, by notification in the Official Gazette, specify, every tenant referred to in section 16 shall be deemed to have purchased from his landlord the site on which the dwelling house occupied by such tenant, was built, and the land immediately appurtenant thereto and necessary for enjoyment of the dwelling house free from all encumbrances at the price to the fixed by the Tribunal, being a price not exceeding twenty times the annual rent for the site.] [Sub-section (1) was substituted for sub-section (1) and (2) by Gujarat 5 of 1973, section 5][***](3)As soon as may be thereafter, the Tribunal shall publish or cause to be published a notice in such village within its jurisdiction in which all such sites are situate and shall, as far as practicable, issue notice to each such landlord and tenant and to any other person interested in such site to appear before it on the date specified in the notice. The notice published in a village shall be affixed in the Chavdi or at such public place as the Tribunal may direct.(4)The Tribunal shall, after giving an opportunity to such landlord, tenant and other person interested to be heard and after holding an inquiry determine the price of the site.(5)On the determination of the price of the site under sub-section (4), the tenant shall deposit the amount of such price with Tribunal-(a)either in lump sum within one year from such date, or(b)in such instalments not exceeding three with simple interest at the rate of 4½ per cent per annum, and at such intervals during the period not exceeding three years and on or before such dates.as may be fixed by the Tribunal and the Tribunal shall direct that the amount deposited in lump sum or the amount of the instalments deposited at each interval shall be paid in accordance with the provisions of section 32Q so far as they are applicable.(6)On the deposit the amount of the price in lump sum or of the last instalment of such price, the Tribunal shall, on payment of a prescribed fee, grant a certificate in the prescribed form to the tenant declaring him to be the purchaser to the site. Such certificate shall be conclusive evidence of the sale.(7)If the tenant fails to pay any instalment on or before the date fixed by the Tribunal under sub-section (5), the amount of such instalment and the interest thereon shall be recovered as an arrear of land revenue.(8)If after holding an inquiry under sub-section (4), the Tribunal is satisfied that the tenant is not willing to purchase the site, the Tribunal shall issue a certificate to the landlord to that effect. On the issue of such certificate the landlord shall be entitled to evict the tenant and dispose of the site in such manner as he may think fit either on payment of such compensation for the value of the structure of such dwelling house as may be determined by the Tribunal, or after allowing the tenant, at his option, to remove the materials of the structure;][Provided that the landlord shall not dispose of the site in any manner except by first giving option of purchasing the same for the price determined by the Tribunal, to an agricultural labourer, landless person, small holder or a village artisan, who owns no house site, in the said order of priority and where any site is disposed of without giving such option such disposal shall be void:Provided further that the provisions of section 63 shall apply to the disposal of the site in any manner in a case where the option of purchase is not exercised by any of the persons mentioned in the first proviso.] [These provisos were added by Gujarat 5 of 1973, section 5(ii).]
