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State of Gujarat - Section

Section 47 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958

47. Purchase price.

- In respect of any land, the ownership of which stands transferred to or vests in the tenant under Section 46, the tenant shall pay to the landlord the price of the land which shall be reckoned as follows:
(1)[ The aggregate shall be taken of the following amounts, that is to say,- [Sub-section (1) was substituted for the original by Schedule Ill, Clause 24.]
(i)an amount equal to six times the rent of the land in the case of a permanent tenant and not exceeding twelve times the rent in the case of any other tenant;
(ii)the amount of the arrears of rent, if any, lawfully due on the date on which the ownership of the land stands transferred to the tenant under Section 46;
(iii)the depreciated value of any structures, wells and embankments constructed and other permanent fixtures made and trees planted by the landlord on the land during the period of thirty years before the commencement of this Act, if the purchase is by a tenant other than a permanent tenant;
(iv)the amounts, if any, paid by or recovered from the landlord as land revenue and cesses referred to in sub-section (1) of Section 17 in the event of the failure on the part of the tenant to pay the same.]
(2)Where a tenant to whom sub-section (3) of Section 17 applies, has, after the commencement of this Act, paid in respect of the land held by him as tenant land revenue and other cesses referred to in sub-section (1) of that section, on account of the failure of the landlord to pay the same, a sum equal to the total amounts so paid by the tenant until the date of the determination of the purchase price shall be deducted from the aggregate of the amount determined under Clause (1).
(3)
(a)On the aggregate amount arrived at in accordance with the provisions of Clauses (1) and (2) there shall be calculated interest at 4½% p.a. for the period between the date on which the ownership of the land stands transferred to and vests in the tenant under Section 46 and the date of the determination of the purchase price.
(b)
(i)The amount of interest so calculated shall be added to the aggregate amount so arrived at, and (ii) the amount of rent, if any, paid by the tenant to the landlord and the value of any products of trees planted by the landlord if such products are removed by the landlord during the said period shall be deducted from the aggregate amount so arrived at.