Section 32PP in The Bombay Tenancy and Agricultural Lands Act, 1948
32PP. [ Further opportunity to tenant to purchase land. [Section 32PP was inserted by Gujarat 36 of 1965, section 5 (w.e.f. 01-02-1966).]
(1)Notwithstanding anything contained in section 32G and 32P where before the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965 (Gujarat 36 of 1965), (hereinafter referred to in this section as "the said date")-(i)any land has been at the disposal of the Collector under section 32P on account of the purchase of the land by the tenant thereof having become ineffective under sub-section (3) of section 32G by reason of the tenant failing to appear before the Tribunal or making a statement expressing his unwillingness to purchase the land, and(ii)the land so at the disposal of the Collector has not been disposed of in the manner provided in sub-section (2) of section 32P.the tenant, if he is willing to purchase the land may make an application in writing to the Tribunal within a period of one year from the said date for a declaration that the purchase has not become ineffective.(1A)[ Notwithstanding in expiry of the period specified in sub-section (1) the right conferred under that sub-section may be exercised as if in that sub-section, for the words, brackets and figures "the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965" (Gujarat 36 of 1965), the words, brackets and figures "the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1970 (Gujarat 2 of 1971)," were substituted.(1B)Where an application for a declaration that the purchase has not become ineffective made by a tenant under sub-section (1) before the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1970 (Gujarat 2 of 1971), was not admitted by the Tribunal on the ground that the period for making it had expired, such tenant shall also be entitled to exercise the right conferred under sub-section (1) by making an application within the period specified in that sub-section (1) by making an application within the period specified in that sub-section ad on receipt of an application from any such tenant the Tribunal shall admit it as if it were an application made within such specified period.] [This proviso was added by Gujarat 5 of 1973, section 12 (1) (c) (iii).][[(1C) Notwithstanding the expiry of the period specified in sub-section (1) read with sub-section (1A), the right conferred under sub-section (1) may be exercised.(a)by a tenant at any time before two months after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981 (Gujarat 13 of 1981),; or(b)by a specified tenant at any time [before the date specified under clause (b) of sub-section (5) of Section 32-M.](1D)Where an application for a declaration that the purchase has not become ineffective made by a tenant under sub-section (1) before the specified date was not admitted by the Tribunal on the ground that the period for making it had expired.(a)[ such tenant shall also be entitled to exercise the right conferred under sub-section (1) by making an application at any time before two months after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981 (Gujarat 13 of 1981),; or [This portion was substituted for the portion beginning with the words 'such tenant shall' and ending with the words 'for making it', by Gujarat 13 of 1981, section (2).](b)such tenant being a specified tenant shall also be entitled to exercise the right conferred in sub-section (1) by making an application at any time [before the date specified under clause (b) of sub-section (5) of Section 32-M.]and on receipt of an application from any such tenant or specified tenant the Tribunal shall admit it as if it were an application made within the period specified for making it.] [Sub-section (1C) and (ID) were inserted by Gujarat 5 of 1973, section 13(1).]] [Sub-sections (1A) and (IB) were inserted by Bombay 63 of 1958, section 6(2).](2)On receipt of an application under sub-section (1) the Tribunal shall issue a notice to the tenant and the landlord calling upon them to appear before it on the date specified in the notice.(3)If the tenant appears and makes a statement that he is willing to purchase the land, the land shall cease to be at the disposal of the Collector under section 32P and the Tribunal shall determine the purchase price of the land in the manner provided in section 32G as if the purchase had not been ineffective.(4)The provisions of sections 32 to 32P and sections 32-Q- and 32R shall so far as may be applicable apply to the purchase of the land by a tenant under this section.(5)In the case of land to which this section applies no action shall be taken under section 32P unless the tenant entitled to make an application under this section fails to make such application within the period specified in sub-section (1).][Explanation. - Notwithstanding anything contained in any judgment, decree or order of any Court, tribunal or other authority, for the purpose of clause (ii) of sub-section (1) the land shall not be deemed to have been disposed of till the person entitled to take possession of the land in pursuance of any direction issued under sub-section (2) of section 32P takes actual possession of such land in accordance with law.] [This Explanation shall be and shall be deemed always to have been added by Gujarat 5 of 1973, section 13 (2).]
