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State of Gujarat - Section

Section 30 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958

30. Relief against termination of tenancy for non-payment of rent.

(1)Where any tenancy of any land held by any tenant is terminated for non-payment of rent and the landlord files any proceeding to eject the tenant the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] shall call upon the tenant to tender to the landlord the rent in arrears together with the costs of the proceeding, within three months from the date of the order, and if the tenant complies with such order, the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] shall, in lieu of making an order for ejectment, pass an order directing that the tenancy had not been terminated and thereupon the tenant shall hold the land as if the tenancy had not been terminated:Provided that if the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule Ill, Clause 1.] is satisfied that in consequence of total or partial failure of crops or similar calamity the tenant has been unable to pay the rent due, the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] may, for reasons to be recorded in writing, direct that the arrears of rent together with the costs of the proceedings if awarded, shall be paid within one year from the date of the order and that if before the expiry of the said period, the tenant fails to pay the said arrears of rent and costs, the tenancy shall be deemed to be terminated and the tenant shall be liable to be evicted.
(2)Nothing in this section shall apply to any tenant whose tenancy has been terminated for non-payment of rent, if such tenant has failed for any three years to pay rent and the landlord has given intimation to the tenant to that effect within a period of three months on each default.