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[Cites 0, Cited by 9] [Entire Act]

State of Gujarat - Section

Section 90 in The Bombay Tenancy and Agricultural Lands Act, 1948

90. [ Enactments amended. [This section was inserted by Bombay 13 of 1956, section 50.]

- The enactments specified in Schedule II shall be amended to the extent mentioned in the fourth column thereof.][Schedule I] [This Schedule was numbered as 'Schedule I', by Bombay 13 of 1956, section 51.]Enactment Repealed(See Section 89)
Year No. Short title Extent of repeal
1 2 3 4
1939 XXIX The Bombay Tenancy Act, 1939 The whole except sections 3, 3A and 4 asmodified in the following manner, namely:-
      3. Protected tenants.- A tenant shall bedeemed to be a protected tenant in respect of any land if-
      (a) he has held such land continuously for aperiod of not less than six years immediately preceding either-
      (i) the first of January 1938, or
      (ii) the first day of January 1945, and
      (b) he has cultivated such land personally,during then aforesaid period.
      Explanation I: - If the person who heldsuch land on the first day of January 1938 or the first day ofJanuary, 1945, as the case may be, come to hold the same byinheritance or succession from another person or if he has heldsuch land as a tenant and is an heir to such other person, theperiod during which such other person held such land as a tenantshall be included in calculating the period of six years underthis section.
      Explanation II: - If the person who heldsuch land on the first day of January 1938 or the first day ofJanuary, 1945, as the case may be held as a tenant at any timewithin six years before the said date from the same landlord inthe same village any other land which he cultivated personally,the period during which he held such other land shall be includedin calculating the period of six years under this section.
      Explanation III: - Where any land is heldby two or more persons jointly as tenants, all such personsshall, if any one of them cultivated and continues to cultivatesuch land personally and if the other conditions specified inthis section are fulfilled, be deemed to be protected tenants inrespect of such land.
    Tenants on expiry of one year form coming intoforce of bombay XXVI of 1946 to be deemed protected tenants 3A. Every tenant shall, from the eighth day ofNovember 1947 be deemed to be a protected tenant for the purposesof this Act and his rights as such protected tenant shall berecorded in the Record of Rights unless his landlord has prior tothe aforesaid date made an application to the Mamlatdar fordeclaration that the tenant is not a protected tenant.
      Explanation:-A person shall not be deemedto be a protected tenant if such person has been on anapplication made by the owner of the land as provided in section3A of the Bombay Tenancy Act, 1939 (Bombay XXIX of 1939),declared by a competent authority not to be a protected tenant.
    Tenant evicted after 1st April 1937 to be deemedprotected tenants 4. (1) Every tenant shall be deemed to be aprotected tenant for the purposes of this Act, if he---
      (a) held any land and cultivated it personallycontinuously for a period of not less than six years immediatelypreceding the 1st day of April 1937 and was evicted from suchland on or after such date otherwise than by order of a competentauthority on any of the grounds specified in section 14 of thisAct, or
      (b) held any land and cultivated it personallycontinuously for a period of not less than six years immediatelypreceding the first day of April 1944 and was evicted from suchland on or after such date otherwise than by order of a competentauthority on any of the grounds specified in section 14 of thisAct:
      Provided that any tenant who had been evictedfrom the land in consequence of his failure to tender the rentreferred to in section 9 of the Bombay Small Holders Relief Act,1938, as provided therein, shall not be deemed to be a protectedtenant for the purpose of this Act, unless he had paid to thelandlord such rent in cases falling under clause (a) within fourmonths from the date on which this section came into force in thearea in which the land is situated and in cases falling underclause (b) within six months from the eighth day of November1946.
      (2) A person who is deemed to be a protectedtenant under sub-section (1) shall, if he had intimated inwriting to the landlord in cases falling under clause (a) of sub-section (1) within one year after the coming into force of thissection in the area in which the land is situated and in casesfalling under clause (b) of sub-section (1) within one year afterthe eighth day of November 1946, that he is willing to hold theland on the same terms and conditions on which he held it at thetime when he was evicted be entitled to recover possession of theland-
      (a) in cases falling under clause (a) ofsub-section (1)-
      (i) if the land has been leased out by thelandlord for a period expiring after the 31st day of Mayimmediately following the date of the coming into force of thissection in the area in which the land is situated, from the dateon which such lease expires; and
      (ii) in other cases, from the 1st day of Juneimmediately following the date of the coming into force of thissection in the area in which the land is situated;
      (b) in cases falling under clause (b) ofsub-section (1)-
      (i) if the land has been leased out by thelandlord for a period expiring after 31st day of May from thedate on which such lease expires]
      (ii) in other cases, from the 1st day of June1947 and on so recovering possession, he shall, subject to theprovision, of this Act, hold the land on the said terms andconditions.
      (3) The provisions of this section shall notapply in cases where the landlord is using the land for any ofthe purposes mentioned in sub-section (1) of section 34 of thisAct.
[Schedule II] [These Schedules were inserted by Bombay 13 of 1956, section 51.](See Sections 10A and 90)
Year No. Short title Extent of repeal
1 2 3 4
1879 V The Bombay Land Revenue Code, 1879. (1A) [ In section 80, for the words `throughnon-payment by the occupant of the land revenue due on accountthereof, it shall be lawful for any person interested to pay onbehalf of such occupant', the words `through non-payment of theland revenue due on account thereof by the person primarilyliable for payment of it, it shall be lawful for any personinterested to pay on behalf of such person' shall besubstituted] [This entry was inserted by Bombay 63 of 1958, section 19.].
      (1) After section 84, the following sectionshall be inserted, namely:-
    Sections 83 and 84 not to apply to certaintenancies. "84-1 A. The provision of sections 83 and84 shall cease to apply to tenancies to which the provisions ofthe Bombay Tenancy and Agricultural Land's Act, 1948, apply.'
      (2) In section 86, for the proviso, thefollowing shall be substituted, namely:-
      "Provided that such application shall bemade before the expiry of the year immediately succeeding therevenue year or the year of the tenancy in which the said rent orland revenue became payable."
      (3) In section 136, to sub-section (1) thefollowing proviso shall be added, namely:-
      "Provided that in the case of any land inthe possession of a tenant, if such tenant is liable to pay landrevenue in respect of such land under the provisions of theBombay Tenancy and Agricultural Lands Act, 1948 (Bombay LXVII of1948), such tenant shall be primarily liable for the payment ofthe land revenue in respect of such land."
1879 VII The Bombay Irrigation Act, 1879. I section 56(D), for the proviso to sub-section(1) the following shall be substituted, namely:-
      "Provided that in the case of any land inthe possession of a tenant, if such tenant is liable to payirrigation cess in respect of such land under the provisions ofthe Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay LXVIIof 1948), such tenant shall be primarily liable to pay theirrigation cess, in respect of such land."
1923 VI The Bombay Local Boards Act, 1923 To section 96, the following proviso shall beadded, namely:-
      "Provided that in the case of any land inthe possession of a tenant, if such tenant is liable to pay thecess in respect of such land under the provisions of the BombayTenancy and Agricultural Lands Act, 1948 (Bombay LXVII of 1948),such tenant shall be primarily liable for the payment of the cessin land respect of such land."
1925 VII The Bombay Co-operative Societies Act, 1925. In section 24AA-
      (1) In clause (i)-
      (a) after the words "owns any land"the words "or has interest in any land as a tenant"shall be inserted.
      (b) for the words "on the land owned by himand specified therein" the words "on such land orinterest specified in the declaration" shall be substituted.
      (2) after clause (ii), the following clauseshall be inserted, namely:-
      "(iia) any person who has borrowed a loanfrom a society of which he is member before the date of thecoming into force of the Bombay Tenancy and Agricultural Lands(Amendment) Act, 1955 and has any interest in land, as a tenantshall, as soon as possible make a declaration, in the form and tothe effect referred to in clause (i) and no such person shallunless and until he has made such declaration be entitled toexercise any right as member of the society;";
      (3) In clause (iii), (iv), (vi) and (vii) forthe words, brackets and figures "or (ii)" wherever theyoccur the brackets, figures, letters and words "(ii) or(iii)" shall be substituted;
      (4) in clause (iv), after the words "of theland" the words "or interest therein" shall beinserted;
      (5) in clause (vi), after the words "on theland" the words "or interest" shall be inserted;
      (6) in clause (vii), after the words "onland" the words "or interest" shall be inserted;