Section 32 in The Bombay Tenancy and Agricultural Lands Act, 1948
32. Tenants deemed to have purchased land on tillers' day.
- [(1)] [This section was renumbered as sub-section (1) of that section by Bombay 15 of 1957, section 8.] On the first day of April 1957 (hereinafter referred to as "the tillers' day") every tenant shall, [subject to the other provisions of] [These words were substituted for the words 'subject to the provisions figures were of' by Bombay 63 of 1958, section 5(1).] the next succeeding sections, be deemed to have purchased from his landlord, free of all encumbrances subsisting thereon on the said day, the land held by him as tenant, if-(a)such tenant is a permanent tenant thereof and cultivates land personally;(b)such tenant is not a permanent tenant but cultivates the land leased personally; and(i)the landlord has not given notice of termination of his tenancy under section 31; or(ii)notice has been given under section 31, but the landlord has not applied to the Mamlatdar, on or before the 31st day of March 1957 under section 29 for obtaining possession of the land ; [or] [The word 'or' was added by Bombay 38 of 1957, section 12(1).](iii)[ the landlord has not terminated his tenancy on any of the grounds specified in section 14, or has so terminated the tenancy but has not applied to the Mamlatdar on or before the 31st day of March, 1957 under section 29 for obtaining possession of the land:] [This sub-clause was inserted by Bombay 38 of 1957, 5. 12(2).]Provided that if an application made by the landlord under section 29 for obtaining possession of the land has been rejected by the Mamlatdar or by the Collector in appeal or in revision by the [Gujarat Revenue Tribunal] [These words were substituted for the words 'Bombay Revenue Tribunal' by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] under the provision of this Act, the tenant shall be deemed to have purchased the land on the date on which the final order of rejection is passed. The date on which the final order of rejection is passed is hereinafter referred to as "the postponed date":[Provided further that the tenant of a landlord who is entitled to the benefit of the proviso to sub-section (3) of section 31 shall be deemed to have purchased the land on the 1st day of April, 1958, if no separation of his share has been effected before the date mentioned in that proviso.] [This proviso was added by Bombay 38 of 1957, section 12(3).](1A)[ (a) Where a tenant, on account of his eviction from the land by the landlord, before the 1st April, 1957, is not in possession of the land on the said date but has made or makes an application for possession of the land under sub-section (1) of section 29 within the period specified in that sub-section, then if the application is allowed by the Mamlatdar, or as the case may be, in appeal by the Collector or in revision by the [Gujarat Revenue Tribunal] [Sub-section (1A) was inserted by Bombay 63 of 1958, s 5(2).], he shall be deemed to have purchased the land on the date on which the final order allowing the application is passed.(b)Where such tenant has not made an application for possession within the period specified in sub-section (1) of section 29 or the application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the expiry of the said period or on the date of the final rejection of the application, such other person shall be deemed to have purchased the land on the date of the expiry of the said period or as the case may be, on the date of the final rejection of the application.](1B)[ Where a tenant who was in possession of land on the appointed day and who, on account of his being dispossessed of such land or any part thereof by the landlord at any time before the specified date otherwise than in the manner provided in section 29 or any other provision of this Act, is not in possession of such and or any part thereof and such land or part thereof is in the possession of the landlord or his successor-in-interest on the said date and such land or part thereof is not put to a non-agricultural use on or before the said date, then the Mamlatdar shall, notwithstanding anything contained in the said section 29 or any other provision of this Act either suo motu or on an application of the tenant made within the prescribed period hold an inquiry and direct that such land or as the case may be, part thereof shall be taken from the possession of the landlord or, as the case may be, his successor in interest, and shall be restored, to the tenant; and thereafter, the provisions of this section and sections 32A to 32R (both inclusive) shall, so far as they may be applicable, apply thereto, subject to the modification that the tenant shall be deemed to have purchased such land or part thereof on the date on which such land or, as the case may be, part thereof is restored to him:Provided that the tenant shale be entitled to restoration of land or part thereof, as the case may be, under this sub-section only [if he gives an undertaking in writing within such period as may be prescribed] [Sub-section (IB) was inserted by Gujarat 5 of 1973, section 8.] to cultivate it personally and of so much thereof as together with the other land held by him as owner or tenant shall not exceed the ceiling area:[Provided further that -(i)if the tenant fails to give such undertaking within such prescribed period, or if the tenant, after giving such undertaking, refuses to accept the tenancy or possession of the lands, the land the possession of which the landlord or as the case may be, his successor-in-interests is not entitled to retain under this sub-section; or(ii)if the tenant gives such undertaking and accepts such tenancy or possession of the land, such portion of the land referred to in clause (i) to the restoration of which the tenant would not be entitled under the first proviso, shall vest in the State Government free from all encumbrances, and shall be disposed of in the manner provided in sub-section (2) of section 32 P.]Explanation. - In this sub-section "successor in interest" means a person who acquires the interest by testamentary disposition or devolution on death.] [This proviso was inserted, by Gujarat 30 of 1977, section 3(2).](2)[ Where by custom, usage or agreement or order of a Court, any warkas land belonging to the landlord is used by the tenant for the purpose of rab manure in connection with rice cultivation in the land held by him as tenant-(a)the whole of such warkas land, or(b)as the case may be, such part thereof as the Tribunal may determine in cases where such warkas land, is jointly used by more persons than one for the purposes of rab manure, shall be included in the land to be deemed to have been purchased by the tenant under sub-section (1):Provided that in cases referred to in clause (b) the Tribunal may determine that such warkas land shall be jointly held by persons entitled to use the same, if in the opinion of the Tribunal, the partition of such warkas land by metes and bounds is neither practicable nor expedient in the interest of such persons.] [This sub-section was inserted by Bombay 15 of 1957, section 8.](3)[ In respect of the land deemed to have been purchased by a tenant under subsection (1),-(a)the tenant shall continue to be liable to pay to the landlord the rent of such land, and(b)the landlord shall continue to be liable to pay to the State Government the dues, if any, referred to in clauses (a), (b), (c) and (d) of sub-section (1) of section 10A, where the tenant is not liable to pay such dues under subsection (3) of that section.until the amount of the purchase price payable by the tenant to the landlord is determined under section 32H.] [Sub-section (3) was inserted by Bombay 63 of 1958, section 5(3).](4)[ On the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat XVI of 1960), every tenant in the areas within the limits of Municipal Boroughs Act, 1925 (Bombay XVIII of 1925), or within the limits of municipal districts constituted under the Bombay District Municipal Act, 1901 (Bombay III of 1901), shall, subject to the other provisions of this Act, be deemed to have purchased from a landlord free from all encumbrances subsisting thereon on the said date the land held by him as tenant, as if the said date were the tillers' day:Provided that nothing in this sub-section shall apply to land leased by a landlord and situated within the limits of, any such Municipal borough or municipal district, if such land does not exceed an economic holding and the total annual income of the landlord including the rent of such land does not exceed Rs. 1,500 and such land is not held under a permanent tenancy.(5)A person eligible to the exemption as provided in the proviso to sub-section (4),shall make an application before the 1st day of July 1961 to the Mamlatdar for a certificate as provided in section 88C, and the provisions of sub-sections (2) to (4) of that section shall apply thereto as if the application had been made under section 88C.(6)The provisions of sections 32S, 32T and 32U shall mutatis mutandis apply to the termination of tenancy of such land by a landlord holding a certificate under sub-section (5) and purchase of such land by the tenant thereof as if such landlord were a certified landlord and such tenant were an excluded tenant within the meaning of those sections.] [Sub-section (4),(5) and (6) were inserted by Gujarat 16 of 1960, section 7]
