Power of Tribunal to resume and dispose of land not purchased by tenants.

§32P

Summary

32P. Power of 1[Tribunal] to resume and dispose of land not purchased by tenants.- (1) Where the purchase of any land by tenant under section 32 becomes ineffective under section 32G or 32M or where a tenant fails to exercise the right to purchase the land held by him within the specified period under section 32F, 2[32 O, 33C or 43-ID], the 3[Tribunal] may suo motu or on an application made on this behalf 4*** 5[and in cases other than those in which the purchase has becomes ineffective by reasons of section 32G or 32M, after holding a formal inquiry] direct that the land shall be disposed of in the manner provided in sub-section (2). (2) Such direction shall provide- (a) that 6***** the 7[former tenant] be summarily evicted; (b) that the land shall, subject to the provisions of section 15, be surrendered to the 8[former landlord]; (c) that if the entire land or any portion thereof cannot be surrendered in accordance with the provisions of section 15, the entire land or such portion thereof, as the case may be, notwithstanding that it is a fragment, shall be disposed of by sale to any person in the following order of priority (hereinafter called "the priority list"):- (i) a co-operative farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons; (ii) agricultural labourers; (iii) landless persons; (iv) small holders; (v) a co-operative farming society of agriculturists (other than small holders) who hold either as owner or tenant or partly as owner and partly as tenant, land less in area than an economic holding and who are artisans; (vi) an agriculturist (other than a small holder) who holds either as owner or tenant or partly as owner and partly as tenant, land less in area than an economic holding and who is an artisans; (vii) any other co-operative farming society; (viii) any agriculturist who holds either as owner or tenant or partly as owner and partly as tenant land larger in area than an economic holding but less in area than the ceiling area; (ix) any person, not being an agriculturist, who intends to take to the profession of agriculture : 9[Provided that the State Government may, by notification in the Official Gazette, give, in relation to such local areas as it may specify, such priority in the above order as it thinks fit to any class or persons who, by reason of the acquisition of their land for any development project approved for the purpose by the State Government, have been displaced, and require to be re-settled]. (3) Where any land is to be surrendered in favour of the 10[former landlord,] under sub-section (2), the 11[former landlord] shall not be entitled to the possession thereof until any amount refundable to the 12[former tenant] is refunded to him or recovered from the 13[former landlord]; and until such refund or recovery is made, the 14[former tenant] shall continue to hold the land on the same terms on which it was held by him previously. (4) Where any land or portion thereof cannot be surrendered in favour of the landlord and where such land or portion is offered for the sale under sub-section (2), but no person comes forward to purchase such land or portion, as the case may be, shall vest in the State Government and the 15[Tribunal] shall determine the price of such land or portion in accordance with the provisions of section 63A and the amount of the price so determined shall, subject to the provisions of section 32Q, be paid to the owner thereof. (5) Where any land is sold under sub-section (2), the 16[Tribunal] shall determine the price of the land in accordance with the provisions of section 63A and the price so determined shall be payable by annual instalments not exceeding six with simple interest at the rate of 4 1/2 per cent. per annum as the 17[Tribunal] may determine and the price of the land recovered from the purchaser shall, subject to the provisions of section 32Q, be paid to the owner thereof. 18[(6) On the deposit of the last instalment of the purchase price, the Tribunal shall issue a certificate of purchase in the prescribed form to the purchaser in respect of the land. Such certificate shall be conclusive evidence of purchase. If the purchaser is at any time in arrears of two instalments, then unless the 19[Tribunal] after holding such inquiry as it thinks fit is satisfied with the reasons given and allows a further period not exceeding one year to pay the arrears, the purchase shall be ineffective and the amount deposited by such purchaser shall be refunded to him].

32P. Power of 1[Tribunal] to resume and dispose of land not purchased by tenants.- (1) Where the purchase of any land by tenant under section 32 becomes ineffective under section 32G or 32M or where a tenant fails to exercise the right to purchase the land held by him within the specified period under section 32F, 2[32 O, 33C or 43-ID], the 3[Tribunal] may suo motu or on an application made on this behalf 4*** 5[and in cases other than those in which the purchase has becomes ineffective by reasons of section 32G or 32M, after holding a formal inquiry] direct that the land shall be disposed of in the manner provided in sub-section (2). (2) Such direction shall provide- (a) that 6***** the 7[former tenant] be summarily evicted; (b) that the land shall, subject to the provisions of section 15, be surrendered to the 8[former landlord]; (c) that if the entire land or any portion thereof cannot be surrendered in accordance with the provisions of section 15, the entire land or such portion thereof, as the case may be, notwithstanding that it is a fragment, shall be disposed of by sale to any person in the following order of priority (hereinafter called "the priority list"):- (i) a co-operative farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons; (ii) agricultural labourers; (iii) landless persons; (iv) small holders; (v) a co-operative farming society of agriculturists (other than small holders) who hold either as owner or tenant or partly as owner and partly as tenant, land less in area than an economic holding and who are artisans; (vi) an agriculturist (other than a small holder) who holds either as owner or tenant or partly as owner and partly as tenant, land less in area than an economic holding and who is an artisans; (vii) any other co-operative farming society; (viii) any agriculturist who holds either as owner or tenant or partly as owner and partly as tenant land larger in area than an economic holding but less in area than the ceiling area; (ix) any person, not being an agriculturist, who intends to take to the profession of agriculture : 9[Provided that the State Government may, by notification in the Official Gazette, give, in relation to such local areas as it may specify, such priority in the above order as it thinks fit to any class or persons who, by reason of the acquisition of their land for any development project approved for the purpose by the State Government, have been displaced, and require to be re-settled]. (3) Where any land is to be surrendered in favour of the 10[former landlord,] under sub-section (2), the 11[former landlord] shall not be entitled to the possession thereof until any amount refundable to the 12[former tenant] is refunded to him or recovered from the 13[former landlord]; and until such refund or recovery is made, the 14[former tenant] shall continue to hold the land on the same terms on which it was held by him previously. (4) Where any land or portion thereof cannot be surrendered in favour of the landlord and where such land or portion is offered for the sale under sub-section (2), but no person comes forward to purchase such land or portion, as the case may be, shall vest in the State Government and the 15[Tribunal] shall determine the price of such land or portion in accordance with the provisions of section 63A and the amount of the price so determined shall, subject to the provisions of section 32Q, be paid to the owner thereof. (5) Where any land is sold under sub-section (2), the 16[Tribunal] shall determine the price of the land in accordance with the provisions of section 63A and the price so determined shall be payable by annual instalments not exceeding six with simple interest at the rate of 4 1/2 per cent. per annum as the 17[Tribunal] may determine and the price of the land recovered from the purchaser shall, subject to the provisions of section 32Q, be paid to the owner thereof. 18[(6) On the deposit of the last instalment of the purchase price, the Tribunal shall issue a certificate of purchase in the prescribed form to the purchaser in respect of the land. Such certificate shall be conclusive evidence of purchase. If the purchaser is at any time in arrears of two instalments, then unless the 19[Tribunal] after holding such inquiry as it thinks fit is satisfied with the reasons given and allows a further period not exceeding one year to pay the arrears, the purchase shall be ineffective and the amount deposited by such purchaser shall be refunded to him].

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