Section 37 in The Bombay Tenancy and Agricultural Lands Act, 1948
37. Landlord to restore possession if he fails to cultivate within one year.
(1)If after the landlord takes possession of the land after the termination of the tenancy [section 31] [These words and figures were substituted for the words and figures under section 34' by Bombay 13 of 1956, section 25(1).] [or 32T] [These words, figures and letter were inserted by Gujarat 16 of 1960, section 15(1).] he fails to use it for any of the purposes specified in the notice given under [under section 31] [These words and figures were substituted for the words, brackets and figures 'sub-section (1) of section 34' by Bombay 13 of 1956, section 25(2).] [or 32T] [These words, figures and letter were inserted by Gujarat 16 of 1960, section 15(1).] within one year from the date on which he took possession or ceases to use it at any time for any of the aforesaid purposes within twelve years from the date on which he took such possession, the landlord shall forthwith restore possession of the land to the tenant whose tenancy was terminated by him, unless he has obtained from the tenant his refusal in writing to accept the tenancy on the same terms and conditions or has offered in writing to give possession of the land to the tenant on the same terms and conditions and the tenant has failed to accept the offer within three months of the receipt thereof.(lA)[ Notwithstanding anything contained in sub-section (1), where in respect of any land the possession of which has been taken by the landlord after the termination of the tenancy under section 31 or 32T, the Mamlatdar suo motu or on application from any person interested in such land has reason to believe that the landlord has failed to use the land for any of the purpose specified in the notice given to the tenant under section 31 or 32T, within one year from the date on which he took possession of the land or ceases or has ceased to use it for the purpose specified in the notice, at any time within twelve years from the date on which he took possession, or has transferred the land to any other person and such transfer is inconsistent with the ground on which the tenancy of the land was terminated, the Mamlatdar shall, after issuing a notice to the landlord or as the case may be, to the landlord and the transferee both, in the prescribed form to show cause why the landlord should not be disentitled to retain possession of the land, or, as the case may be, why the transfer should not be declared invalid and after holding such inquiry as he deems fit, declare that the landlord shall not be entitled to retain possession of the land or, as the case may be, that the transfer of the land shall be invalid and that the transferee shall be deemed to be unauthorisedly occupying the land.(IB)Where in the case of any landlord a declaration has been made under subsection (1-A) that he shall not be entitled to retain possession of the land, such landlord shall forthwith offer in writing to the tenant whose tenancy was terminated to give possession of the land on the same terms and conditions on which the tenancy was held before its termination. If within three months of the receipt of such offer the tenant accepts such offer the landlord shall forthwith restore possession of the land to the tenant and if within the said period the tenant refuses in writing or fails to accept the tenancy, the land shall vest in the State Government free from all encumbrances lawfully subsisting thereon on the date of such vesting.] [Sub-section [(1A) and (IB) were inserted by Gujarat 5 of 1973, section 15(1).](2)After the tenant has recovered possession under sub-section [(1) or (IB)] [These brackets, figures, letter and words were substituted for the brackets and figures '(1)' by Gujarat 5 of 1973, section 15(ii).] he shall, subject to the provisions of this Act hold such land on the same terms and conditions on which he held it at the time his tenancy was terminated.(3)If the landlord has failed to restore possession of the land to the tenant as provided in sub-section [(1) or (IB)] [These brackets, figures, letter and words were substituted for the brackets and figures '(1)' by Gujarat 5 of 1973, section 15(ii).] he shall be liable to pay such compensation to the tenant as may be determined by the Mamlatdar for the loss suffered by the tenant on account of evocation.(4)[ Where before the commencement of the Amending Act, 1955, a landlord in accordance with the provisions of this Act as then in force has terminated the tenancy of any land by giving notice to the tenant that he required the land for cultivating personally or for any non-agricultural purpose and has taken possession of the land, whether before or after such commencement, then if he fails to use the land for the purpose specified in the notice within one year from the date on which he took possession or ceases to use it for the purpose specified in the notice at any time within twelve years from the date on which he took possession, the foregoing provisions of this section shall, notwithstanding any decree or order of a court or tribunal, apply to such failure or cessation, as the case may be, as if there had been a termination of the tenancy [under section 31] [These sub-sections were inserted by Gujarat 16 of 1960, section 15 (2).], and where after the termination of tenancy as aforesaid the land has been transferred to any person and the transfer is inconsistent with the ground on which the tenancy of the land was terminated, the transfer shall be invalid and the person shall be deemed to be unauthorisedly occupying the land.](5)Whereas a failure or cessation referred to in sub-section (4) has taken place before the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat of XVI of 1980), the liability of the landlord under subsection [(1) or (IB)] [These brackets, figures, letter and words were substituted for the brackets and figures '(1)' by Gujarat 5 of 1973, section 15(ii).] to restore possession of the land to the tenant shall commence from that date.](5AA)[ Where in any case the transfer of any land has been declared to be invalid under sub-section (1A) or (4) and the transferee is deemed to be in unauthorised occupation of the land, such land shall be deemed to vest in the State Government on and from the date of such declaration, free from all encumbrances lawfully subsisting thereon on the said date.(5AB)Where any land vests or is deemed to vest in the State Government under subsection (IB) or (5AA) the State Government shall dispose of such land by granting it on new an impartible tenure and on payment of occupancy price equal to the reasonable price determined by the Mamlatdar in accordance with the provisions of section 63A, to persons or bodies in the order given in the priority list and the encumbrances referred to in sub-section (IB) or (5AA) shall be paid by the Mamlatdar out of the occupancy price in the manner provided in section 32Q for the payment of encumbrances out of the purchase price of the sale of the land, without prejudice to the right of the holder of such encumbrances to proceed against the person liable for the enforcement of his right in any other manner.Explanation. - In this sub-section, "new and impartible tenure" means the tenure of occupancy which is non-transferrable and non-partible without the previous sanction of the collector.] [Sub-sections (5AA) and (5AB) were inserted by Gujarat 5 of 1973, section 15(ii).][[***] [Sub-section (6) to (9) shall be and shall be deemed to have been inserted with effect on and from the 18th December, 1960, by Gujarat 36 of 1965, section 6(2) and were renumbered as sub-sections (5A to 50) with effect on and from the date on which they were inserted, by Gujarat 15 of 1969, section 3.](5B)[] [Sub-section (6) to (9) shall be and shall be deemed to have been inserted with effect on and from the 18th December, 1960, by Gujarat 36 of 1965, section 6(2) and were renumbered as sub-sections (5A to 50) with effect on and from the date on which they were inserted, by Gujarat 15 of 1969, section 3.] If the Mamlatdar declares the transfer to be invalid he shall direct [***] [The words 'that the land shall be restored to the possession of the transferor and' were deleted by Gujarat 5 of 1973, section 15(v).] that the amount of consideration, if any, received by the transferor shall be paid by the transferor to the transferee within the period specified in the direction.(5C)[] [Sub-section (6) to (9) shall be and shall be deemed to have been inserted with effect on and from the 18th December, 1960, by Gujarat 36 of 1965, section 6(2) and were renumbered as sub-sections (5A to 50) with effect on and from the date on which they were inserted, by Gujarat 15 of 1969, section 3.] If the transferor fails to pay the amount to the transferee within the period so specified, the amount shall be recovered from him as an arrear of land revenue and paid to the transferee.(5D)[] [Sub-section (6) to (9) shall be and shall be deemed to have been inserted with effect on and from the 18th December, 1960, by Gujarat 36 of 1965, section 6(2) and were renumbered as sub-sections (5A to 50) with effect on and from the date on which they were inserted, by Gujarat 15 of 1969, section 3.] Nothing in section 84A, 84B, 84C shall apply to a transfer of land which is invalid under this section.](6)[ The provisions of this section shall not apply to a landlord who becomes a serving member of the armed forces, and on that account, fails to use the land or ceases to use it, for any purposes specified in the notice referred to in sub-section [(1) or (IB)] [Sub-section (6) was inserted by Gujarat 24 of 1965, section 8.] and within the period specified in that sub-section.]
