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The Bombay Land Revenue (Gujarat Amendment) Act, 1976

Act 26 of 1976

Keyword(s):Land Revenue, Non-Agricultural Purpose, Residential Purpose, Industrial Purpose,Commercial Purpose, Tax, Occupancy, Penalty

Amendments appended: 25 of 1977, 3 of 1980, 37 of 1980, 2 of 1981, 24 of 1981, 2 of1987, 16 of 1989, 12 of 1993, 6 of 1995, 9 of 1995, 6 of 1997, 14 of 2003, 19 of 2008, 7of 2010, 20 of 2011

Extra No. 7 REGLTERED NO. L-

EXTRAORDINARY

SPpsrate paging i s given to ihii Part In order that it may

be Rled as a separate compilation. -PA-- -- ---

PART VI Acts of Parliament and Ordiaasces promulgated by the Prwidenb

GOVERNMENT OF GUJARAT

LEGAL DEPARTMENT

Sachivalaya, Gandhinagar, 16th June, 1976.

No. 18903,'B.---The fullowing Prcsidcnt's Act asaented o l the 15th June, 1976, is 1x1 t r i islled fc2r general inrurmation.

THE BOMBAY LAND REVENUE (GUJARA'T AMENDMEN'I? ACT, 1976.

[Act No. 26 of 19761

Enacted by the President in the Twenty-seventh Year of the Republic of India,

A N ACT

frlrrltrr 10 onlend the Romhny Lord R e v e ~ ~ r r ~ Code, 1879, (IS in force it1 the S i i r t ~ vf GII~CITCII. +

44 of In exercise of the powers corlferred by section 3 of the Gujarat State Legisla- 137F6 ture (Delegation of Powers) Act, 1976, the President i s pleased to enact as

follows : -

1. ( I ) T h i s Act may be called the Bombay Land Revenue (Gujarat Amend- Sl l~rt "ill' and ment) Act, 1976. crltIIIIt,=lI-

I

60111~llt.

Procerlltre if occu- P R l l f l l ' j ~ 1 1 -

PS to rip-

ply his lallrl fro111 O I l C ILOll- flg~-icultu- ral ~ I I F -

pose tn anothcr non-ngri- ct~ltural 1'"rposC-

(2) It shall come into force on such date as the State Government may, by notification in the Officinl Gazette, appoint.

2. In section 48 of the Bombay Land ~ c c e n u e Code, 1879, as in force in rhc Uonr,

State of Gujarnt (hereinafter referred to as thc principal Act),- hay A< t

(0 for sub-scction (I), the follow~llg sub-section shall bc substituted, k;;, namely : -

' " ( I ) The land revenue leviable- on any Iand under the provisions of this Act shall be qsse,ssed, or shall bc deemed to have been assessed, as the case may be, with reference to the use of the land-

(a) for the purpose of agriculture;

(b) foi the purpose of residence;

(c) for the purpose of industry:

(b) for the purpose of residence; (e) for ally other purpose.";

( i i ) in sub-section (21.-

(a) for the words "Where land assessed for use for any purpose is used for any other purpose", the words, figures and letters "Where land assessed for use for any purpose is prmitted or deemed to have been perrnilted under se~rion 65, or, as the case may be, ull-der section 6SA. 10 he uscd fur any other purpose, or is used for any other p u r p c withou: the wrrnissio~~ of the Collector being first obtained or. Leforc ;!:e cx*y of tbe pi.iod prescribed by section 65, or, as tllc case maq7 b:, by section 65A" shall b: substituted; -

( I ) ) after the words "lixcd r;t a different ratc". the words "with effect frotn the conlrnencement of the revenue year in which the land i s so pel.mitted or deemed to havz k c n permittxi to be uscd. or, as the cast may be, is used wlil~out 111e permission of the Colleclor". s!ls!l be insertcri.

3. In section 65 of rl~e principal Act, the last pariigraph and the rnargi~~nl note thereto shall be omitted.

4. After set;!ion 65 of tllc principal Act, the following scctio~~ shall bc insert- ed, namely: -

"MA. Wherc the occupant of any land assesseri or held for any non- agricultural purpose wishes to use such land or part thereof for any o(her non-agricultural purpose, the Collector's permission shall in the first place bc applied for by him and the provisiolls of section 65 shall, so far as may be, apply ta such applicr?tion.

EspLmiior~.-In this section, and section 67A, "non-agricult lira1 purpose" means any of the purposes specified in clauses (h) to (c) of sub-section ( I ) of section 48.".

P A ~ T 171] GUJ. GOYT. GAZ., EX,, JUXE 10, 197qJYAISTfTA 20, 1898

5. For section 66 .of the principal Act, the foIlowing section shall b e s ~ k i t l l f i ~ 1 1 of new scc-

substituted, namely : - tion for scctinlt 86.

'-66. If any land referred to in section 65 or section 65A be used for any 2:tq'i:;. purpose other than the purposc for which such land is assessed or held with- i ; tart

out the permission of the Collector beiiig first obtained, or before Ole expiry ~,~~::~:,,,,. of three months from the date of application for such permission. the occupant and any tenant or other person holding under or through him shall, without prejudice lo the occupant's liability to pay thc new assessment which may be leviable under the provisions of section 48, k liable to be summarily evicted by the Collector from the land so used and from the entire survey number or sub-division of the survey number of which it may form a part.

Any tenant of any occupant or any other person holding uridcr or through an occupant, who shall without the mcupant's consent use any such land for any such purpose, and thereby render the said occupant liable t~ tIlc penalty afore- said, shall be responsible to the said occupant in damages.".

6. In section 67 of the principal Act, for the words "in the last two precedii~a Amcndl~rot . of s e c l ~ c ~ ~ i 67

5,-ctio!~~". the words, figures and letter "in sections 65. 65A and 66" sll;~!l b: substituted.

7. After sec:ion 67 of the prilicipal Act, the foIlo.xing section xh:~Il be insert- Il lsrrt i~n of I lClV

crl, namely : -- ecctioli ti7A.

67A. ( I ) Where any land assessed or hcld For the purpose of ngriculturc Pa~lnellt nf convcrsion

and situated in an area s~cif ied in colunln (2) oE the Table below (hereafter tax by

in this section rcfcrred to as the specified a r e a h O C C \ I ~ ) R I ) ~ fnr chm~~go nf UWI r,f

(d i s permitted. or deemed to ]lave been permitted, under section 65, to be used for any other purpose: or flPeAR.

{b) is used for any other purpsc: without the permission of the Collector k i n g first obtaincd or before the expiry of the p r i o d prescribed in that section,

the occupant of sucll land shall be liable to pay to #the State Government, a tax rtt 1l1e rl;te specified in the corresponding cntry in column (3), colnn-ln (4), or column (5). as the caue niay be. of the said Table from tllc datc on which sucll permission is. or is dcrrl~ed to have been, granted, or from thc date on which the'lartd is 1:ut to such use, whichever is earlicr.

(2) Where any land assessed or held for any non-agricultural purpose (here- after in this section referred to as the existing non-agricultural purpose) and situatcd in a specified area-

(o) is nermittcd or i s deemed to have k e n ~ rmi t ted , under section 65A, to be used for any other non-agricultural purpose: or

4 GUJ. COW. QM., EX., JCSE 16, 19ifi~JI'AHTklA 20, 1b98 ~ R T VI

(b) is used for any other ncn-agricultural purpose without the permissioi~ of the Colleclur being first obtained or before the expiry of three months from the date of application for such permission,

the occupant of such land shall be liablc to pay to the S:ute Government, a tax at such rate as is equivalent to the difference betwzen the rate of tax applicable lo the other non-agricultural purpose spccificd in the corraponding cntry in coIuniri (3), column (4) or columtl IS), as the case may be. of the Table bclow and the rate of tax applicable to the existing non-agriculturat purpose specified in the said columns:

Provided that no tax shall be payable under this sub-section if the rate of tax applicabIe to the other non-agricultural purpose is Iower than the rate applicable to the existing tion-agricoltura1 purpose.

(3) The tax payable ur~der [his scction shall bc kr;own as conversion tax and shall be payable by the occupant to such authority, in such manner and at such times as may be prescribed by rules made uoder section 214.

TABLE ---. ---

Rate of conversirm tax per squals mctrr! of hurl Sr. A w a s i n ~ h i c l ~ l a n d i s d t u c t e d ------- NO. Wtlcll lantl is IVhcn Inllrl is When l;311rl i n

to be L I F F ~ tu l>r ~ ~ t - e t l to be uwtl for a resirlentin1 fnl. ni l intlus- for a cornmrl,ciaI

INwrpse Irinl pr~rpom or any otllcr nor>-npl ic~rlt urn1

pllr~""

(1) ('2 -- - . - . . - (%- -- _-- (I) A - -(5L.

Rs. Rs. Rs.

1. C i t i e ~ nltd town8 mit,l~ a ppulntion cx- cecrlinq hO,O(W, hut not cxcectli~~g 1 lakll and their adjoining areas. 0.25 0.5U 0.75

2. Citi~s nrld tollns with a ppnlntinn er- wecling 1 lakh but not excredi~ig 2 .6 lakhs and their acljoiilit~g areas. 0.50 I . 00 i . 5 0

3. Gitics nut1 torvn~ with u population ex- ceeding 2.6 lnkhs but 11ot exccrdil~g Fi laklla and their adjoining arcas. 0.76 I .ti0 2.Pli

4. Citim nnd towns with n ppulation ex- ceeding 5 Iakhs and their adjoining areas. 1 . W 2.00 3.00

--- -- -.--

Expianalion.-In the above Table-

(i) - "adjoining area" means : -

(n) in relation to the City of Ahmedabad or any other local area which Rnrll-

is constituted to be a City under section 3 of the Bombay Provincial Muni- bay

cipal Corporations Act, 1949, as in force in the State of Gujarat, or a tow, 2;; with a population exceeding 2 5 Jakhs, a priphew1 ntea of five kilometres: of

1940.

~ A E T VI] GUJ. GOW. GdZ., EX., JL'SE 16, lBiB/JTbISTHA 20, 1808 116

(b) in relation to any other City or town, a peripheral area of one kilometre;

(ii) "population" means population as ascertairied at the last preceding '

census of which relevant figures have been published.".

8. In seaion 187 of the principal AG!, for [he words "All sums due on account Amend- ment of

of land revenue", Ihe words "All sum5 due on account of land revenue, conver- scction 187.

sion tax" shall bc substituted.

9. In sub-section (2) of section 214 of the principal Act, after clause (h), the do;. following clause shall be inserted, namely:- motion 214.

"(hh) prescribing the authority to which, the manner in which, and the times at which, the conversion tax shall be payable by an occupant under section 67A;".

FAKHRUDDIN ALI AHMED, President.

.. K . K. SUNUARAM, Sccretnry to llte Govertttnent of India.

Renso~rs for the enacttttent

This Bill seeks to amend the Bombay Land Revenue Code, 1879, as in lorce in the S ~ i ~ t e of Gujarat. so as tu give eflect to certain laxation proposals unnounced in the budget of Gujarat for the year 1976-77. The amendmcnts m&ly relate to the making of assessments with effect from the commencement o€ the revenue year in which a land is permitted to bc used for a purpose other t h ~ n the purpose for which such land is assessed or held, or is so used without %coy permission, and to thc levying of a tax on the conversion of land from an agricultural purpose to a non-agricultural purpose or frorn oile non-agricultural purpose to another in certain cities and towns. The rates at which, and the ciths and towns in respect of which, the above tax shall be leviable are set out in the Table below the new section 67A proposed to be included in the Act.

2. The Consultative Committee constituted undcr the proviso !o sub-sec- tiad (2) of section 3 of the Gujarat State Legislature (Delegation of Powers) Act, I976 (44 of 1976) has becn co~lsulted befort: the enactnleilt of this measure as a President's Act.

H, N. RAY, Secretary to the Government of India,

Ministry of Finance. \

By order and in the name of the Governor of Gujarat,

S. L. TALATI, Secretary to Government.

PI-Ext ra-22 (Lino) PRINTED AT T I E GOVERNMEW CENIUAL PRESS, OANDHINAOAk

Extra No. 29 REGISTERED No. LllSOlGNR~l

EXTRAORDINARY

- - -- -. - - - . . . . . . - . - . - . - -. x 7 . 3 3

Sepasate paging is grven lo tMa Part in urde, thal kt ma)

be tiled nx e separate compilation. - . - . -. -

PART IV Acts of the Gujarat Legislature and Ordinances promulgated and

Regulations made by the Governor.

Thc followiog Act of tllc Gujarat Legislature having been assel~tcd tu by the

Governor on thc 17th August 1977 is hcrcby publishd for genera\ infvmiation.

S . L. TAI.A?'I, Secretary to the Government of Gujnl-:.?.,

Lega I Dcpartme~lt.

GUIAKAT ACT NO. 25 OF 1977. 1

(First published after h;iving received the assent of the Goven~or in th;: "Grrjilrot C;ovcrnnlent Guzclic" on the 18th August. 1977).

An Act furthcr to amend Ihe Bombay Land Revenue Codc, 1879.

It is hereby enacted in the Twenty-eighth Year of the Republic of Itldia, as follows : -

1. This Act may be called the Bombay Land Revenuc (Gujarat Amcnclmcnt) SIiort t.itlr.

Act, 1977.

2. In the Bombay Land Revenuc Code, 1879, in section 132, for the words a,,,,d,,,l "provided that the said fee shall jn no case exceed twenty rup:cs for each building of "ctin1l

132 of Born, site or any portion thereof held separately" the words "provided that the said v ,f ~ s i o , fee s k l l in no case excecd such amount for each building site or any portion thereof held separately as the Statc Government may, having regard tir the cost ordinarily i~icurred in such survey oprations, svcify in those rules" shall be substituted.

I

IT-Ertra--QS 178 PRINlTD AT TBE GOVERNMENT CENTRAL PRESS, OANDEUNAQAB.

Extra No. 15 REGJSTERED NO. GjGNWL

I

PUBLISHED BY AUTHORITY 1

Vol. XXIIJ WEDNESDAY, JULY 16, 19801ASADHA 25, 1902 - --------

+parato pa& Is given to thb .kart in order that it may be bled es a separate Comphtloa

Acts of the Gujarat l~gidature and Ordinances promulgated and I Regulations made by the Governor.

I The following Act of the Gujarat Legislature having bein assented !o hy the Governor on ihe 16th July, 1980 is hereby publidled for general information.

I

N. B. PATEL, Secretary to the Government of Gt~jarat, . .

Legal Departmelit. .

GUJARAT ACT NO. 3 OF I=.

(First prtblished after having received the 'assenr of thc Governor in the - "Grrjmni Ciovernntenr Grrzefle" on the 16th July. 1980). '

. An Ac! further to amend the Bombay Larid Revenue M e , 1879.

It is hereby enacted in the Thirty-first Year of the Republic of India as follows :-

1. ( I ) This Act may be called the Bonibay Laud Revenue (Glrjarar Amend- abort title went) Act. 1980. and oclmnlt 11- _- -7- - -- - - remnt. r - -C-- . .,

$1 It shall be deemed to have come into force on the 19th~~ri1,11980. -- - --- .-- -,

Rom. 2. In thc Bombay Land Revenue 'Code 1879, (hereinafter referred to as "the tf"~ti",!'':~ v of principal Act"), in section 66. for the first paragraph, the following paragraph of Rou. v 18". sllall tK substituted, namely :- of 1870.

18-2 GUJ. CO\"i'. G M . . EX., JULY 17, ~~SO~:JAUHB 26, 1908 [~'AHT IY

"L[ any land referr@ to in section 65 or section b5.4 be used for any purpose other than tht p u r ~ c tor which such Iand is assessed or held whout the permssion nf mc-ljlUtctPr being first obtained, or kfore the expiry of three months rcfcrlerl to in mdon 65 or despile refusal of permission during the said perid of three months, then, without prejudice to the occupant's liabiiity to pay the rten assessment leviable under section 48 or the conversion tax Igv~a ble under section 67A,-

(u) the ~ccupant and any tenant w othq person holding under or through /

him shall be liable ta be summarily evicted by the Collector from the land so used nnd from the entire survey number or sub-division of the survey number of which it may form a part: and

. (b)' the occupant shall also be liable to pay for the, period during which the said land has &en so used, such 6ne.as the Collector may, subject to the general orders of the State Government, direct.":

IEopenl a n d Saving. 3. ( I ) T h e ~ornbai Land Revenue (Gujarat Amendment) Ordinance. 1980 is oni.

hereby repealed. fird 0 of 1080.

(2) Notwithstanding such repeal, anything done or any 'action taken under the principal Act as amended by the said Ordinance, shall be deemed to !lave been done or taken under the principal Act as amended by this Act. 1

I

- Val. XXTJ FRIDAY, DECEXBER 26,1980IpAW~ 5,190!2

Separate paging is given to this Part in order h a t ft may ,b. Bbd aa a . separate Compaatim.

PART IV A& of the Gnjamt ~ e g i s l a ~ ~ a ~ d ' 0 r d i ~ ~ o s premulgatad 6g.l!: -:? an? , , , Regulation ,

h i d e by the ~ o v e m k e n i i ' ~

The following Act of the Gujarat Legislature having been assented to by the President on the 20% l kmber , 1980 is hereby publish& for general information.

J. P. VASAVWA, ., , < " , . , >

Joint Secretary tc thc Government of Gdjarat, . w Department.

- GUJAIIAT ACT NO* 37 OF 1M*

(First published, after having received the assent of the President in the "Gujma? Government Gazet~e" on the 26th ~ s s r n b r , 1980);

An Act w h e r to amend tbe Bombay Land Revenue Ccde, 1879.

1. ( I ) This Act may dc ealled the $omby faad pemue ( a u b t m , d ti*

Amendment) 'Act, 1980. snd aimm-

I (1) It shall corns Into lorce oa such date ss the 9Wp Cbvtmment may, by nmt.

I , . 1 flotlilcrtion In the Ojficitd GazCrfe, ap@L "' . ' : ' " ' '

5S2 , GUY. MT!lX' CJgZ., EX, DlEEMBW S, 1eSOIpAW 5,1902 [PUT XV

W n 2. In th. Bombay Land Revenue Code, 1879 (hmehhr r o f d to k "the% of new ,ti,, priucipal Act''), after sacdm 73A, the fol1awiag e o n s shall be insertad. Isye, 73M, 73m, namely : - 738U and ?SAD la Born. V of 187D.

-don '73AA. (11 Notwithstanding anything contained in section 73, an occupancy of on trader ,,f mupan. s perScm belonging to any d tbe Schednlad Trih Ihereaftcr in tbis section and

of in saction 73AB referred to as '?he tribal") shalt not ?.M transferred to any person ttibale to sdanls or without the previous sanction of 'the @nectar. noa-kiblr.

(2) The previous sanction of the Collector under' sub-section ( I ) may bb given 3n such circumstances and subject to such conditions as may be pmcriM.

.13) (a) Wbm tribal W m the posses~ion of bis mpancy to another tribal in contravention of sub-scdkm ( I ) , the tribal transferor or his successor in intcmt may, within two years of such transfer, apply to the Collector that the pssession of sach mcupsncy may be m t d to him and thereupon the Collector shall, after issuing a notice to the tmnsferse or his successor in interest, as the case may be, in the prescribed form to show cause why he should not be dis- endtled to retain possession of the m p a n c y and after holding such inquiry as he deems fit, declare that the tramfern or his successw in interest shall not bt entitled to retain ~ s s e s s i o n of the occupancy and that the occupancy shall he restored to the dbal ttansferm or his successor in interest, as the case may be, on the same terms and conditions on which the transferor held it immediately More the transfer and subjtct to his acceptance of the liability for, payment of amars of land m u e in respect of snch occupancy in accordance with the rules made by the State Government and that the tmnsferte or his sncmssor in interest, as the case may be, shnll Be deemed to be uhauthoriscdly occupying the mc11-

PncY

Provided that such declaration shall stand revoked if the tribal transferor, or, as the case may be. his successm in interest fails or refuses in writing to accept the restoration of the possession of such occupancy within the presmibsd perid.

(fi a tribal in contravention of s u ~ i o n I0 of d o n 73A or of any other law €m the time being in force has transfcmd his occupancy to another tribal at any time d d n g the pm'd commtfidng on the 4th April, 1961 and ending on the day immadiatcl~ before the date .of commencement of the. Bornbay Land Revenue (Gufarat Second Amendment) Act. 1980, and a~;. a7

a€

(li) the tribal transferee or hfs successor in inte~st has not been cbicted b m such occupancy under section 79A,

the transfer of oomrpmq &all be d d ; w 8 ft + made with the prcviours - .

- . ~ @ ~ E S ~ W W W ~ ~ O ~ A . - . , I 1 I

PdRT IVJ GUJ. GOVT, GbIT, EX., DECEMB~ 26;1980/PAUSA 6,1902 b - 3

.i.

(4) Where a Uibd- L ~ . -

. '1 ' ;- - ,, .- ." ,a.* k. *.AYYi

(B) i~ COnCra~~tiOn OE SYkt im (14 this %tim Or 06 IYLISE~~O. (11 of W o n 73A, or of my other law for the time being in for*, uansfers\ his occupancy to any person other than a tribal (hereafter in -this &tion and in section 73AB r e f a d to as "the non-tribal") 'at any time on or after h e date of commencema of the Bornlay L a d Revenue (Gujarat Second Amendment)

, k t , 1980 (hereidter in this seofion referred to is 'the raid date"); or .

0.

(b) in oontraveatim of sub-sedon ( I ) 01 section 73A or of any other law for the time king in for= has W e r r d his wupoincy to a non-tribal at any time befbre the said date,

'fbe Collector shall, notwitbstadbg a n y t h q contained in my law for the time being in force. eiher sw-/tutu at any time, or ou an application made by - the tribal triubferor or hs suwsor-in interest at any time within three years from the said date or the date of such uansfer, whichever is later, after issuing ri notice to the umferee or bis suaxsor ia -West , as the case may k, lo show cause why the transfer should not be d d c d void and after making such inquir~l as he thinks fit, declare the transfer of such wq~pancy to be void and thereupon the occupancy together with the standing crops thertoa if my, shall v e t in the: State Government free from all encumbrw.

(5) , W e an occupancy is vested in the State Government u & r s u M o n (4) and such a x u p c y was ass@ or heW for the pur@scs of agriculture immediately before its transfer by the tribal tramfaor. the CoUector shall, after t&iug mcawy action undcr sectiofls B A and 202, give noti- to the tribal W e m r or his dwoaessor in interat, a& the case may be. rsquirina him to state in writing within ninety days h m the date of receipt of such notice whethcr he is willing to purchase tba occupanq and cultivate it w y , and if such tribal traderor or his auoctssor in-interest W p S to pu!cbe the occupnq and under- aka to cultivate it petsow. it may b wtcd to him on payment of the

I pfdM O C C u m pTi=

(6) If within the said period of ninety days the transferor -or his successor in intartst does not intimate bis wilbgne85 to purchase ths occupancy and to culti- wtc it p m c d l y , or fads to pay the occupancy price within such perid as may be 6- by tha Collector, tbe Wupancy shall be granted to any other tribd &&g in the same village or in say other village situated witbin such distance from the viUagt as may be lksaibed, on the same conditions, including the pay- m t of the o c a p c y prict, are wspbcifitd in s u b - d o n (3, and if he is not a PO it shall be gratltdd tO OW &S&S of P C ~ U in such order. of priority, at wch OaUPancY price and subject to such conditions as may be Prescribed.

- (7) my occupane is ~ f c r r e d to a non-tribal in contravention of

s u b d o n ( I ) , such non-tribal shall, without prejudice to my other liability to a may ba subject, be liable to pay to tbe State Ctovernrncat, a penalty not

c n a d b g thrco times tbc vduc o( tho mxupPncy>ucb pe&tj anil vduo o b &lamined by tho Collector, and such determinati~u shall be h a 1 :

Prowid that before levyin# any such b d t y , the non-tribal shall be gien a reasonable opportunitjl of b e i heard.

(8) The penalty ~ayablk under sub-section e) .shall, if it is not jkid kith the h e specihed by the Collector, be recoverable as an anear of land reyenut.

E;xplar~iiun.-For the purposes of this section,- .

(9 "prescribed" mexk pkcribcd by rules made under section 214;

(ii) "Scheduled Tribes" means such tribes or tribal communities or park of or groups within such t r i k or tribal communities as are deemed to bo duled Tribes in relation to the State of Gujarat under article 342 of the b t i - t uuon;

b .

{iii) "to cultivate peysoWy" $ha4 have the 'nmaing assigned to it in h,, clause (6) of W o n 2 of the Bombay Tenancy and Agricultural Lands Act, 1948. t F

1948.

Right of 7 3 k . ~t&it+tapdiqs &ding 'cq&$t i. ~Cdim 73 or in subsection ( I ) oooupant of wtion 73AA or, iu G y wndition lawfully anne~ed to the tenure, but subject

LO Ihe provisions contained in sation 56, it shall be hwfut for an m u p t to his ocon. p10g in murigage, ur create a cbqrge on interest, in hs occupancy in favow 01 the

Statt Government in, considera tioo of a loan aduaqced L bun by the Sulp ,, Sink &\-ermnent Government uqdq the bImprovepent Loans Act. 1883, the Agiculturis&~sss. and ear-

l tain indm b a q a Act, 1384, pq , the Wmhy Nan-AgricNturists' Laam Act, 1928 as- in fow JZ of -

totionsr. in ;the State of ,Gvjm .or % f a v q ~ of c . or a coopefatiive soci@y, W Iw' Born. wiWut prejudice to -any oth~r remgdy ogen to t b . ~ State Government. or ,,

c o o ~ v ~ l j v a &fly., w,,lhe.cqw ~PPY be, i. @ e w t of his m k h q Cefsd? iO. 1D2k the payment of sqch 1g.q in,wxdan.ce with'the terms on y,N& such loan .ww grant&, it shd be lawful, for tbe State Government, bar& or w-~peratiw sociaiy, as the &e may be, to cause his interest in the occupancy to be attached and sold and the proceeds to be applied in payment of such loan :

h v - i d d tbat P ria oacup~nt is a u i ~ his interest in tbc occupTlncy s~ not Ix soId to a non-tribal without the previous sanction of the Collector.

. - Exp1anatiom.-For the puqmm of this section "&ank" means-

, .. ?: I .

' (I) the S m Bank of hdL wnstitutcd under Iho Stab Bank of Mi. Act, 1955; 1-

(in anyYrubsidiary bank as d e h k io clau& (k) of section 2 of the Bank of India (Subsidiary Banks) Act, 1959;

> . , . . IW*

my &nespOndina my bank as defined in ciause (d) i f section 2 01. .r the &&q ~~ (Acquisition and Tmuder of Unde-gs) Act, 1970; 19M.

68-6 GUJ. UOVT. G U . , ax., DECEMBKB !26,10~J?AUSA 6,1902 [PART lV

r-dmsnt 4. In sub.seclion (2) of section 214 of the principal Act, clause Ihh) shall be of renumbered as dause'(h-i) and after clause (h-i) rts so renumbaaed, tho followiag 2 U of Bom. v of 1879. clauses shall Ix inserted, m l y ;-

"(h-ii) prkscribmg the form of notice to be issued to the transfer~~ or his successor ln interest by Ihc Collector, making rules re law to the liability to pay arreara of laud revenue in respect of an occupancy r & o d to the tribal transferor under sub-section (3) of section 73AA, and presaibq 4 e piid within which the tribal transferor sball accept the occupancy restored to him, under the proviso to the said sub-section (3);

(h-iri) prescribing the circumstances in which and the conditions subjact to which the previous sanction of the Collector sball be given under sub-saction (2). occupacy pr ~ c e on the payment of which occupancy shall te granted under sub- section (5) and the &lance within which any other vrllage shall k situated aad '

the drder 01 priarity in which, the occupancy price at which. and the cmditiw subject to which the occupancy shall be granted to other classes of persons under sub-section (6) of section 73-AA;

(h-iv) the form in which the declaration sball be made, and the mama in which such declaration shall be verifisd, by the trmferor, under clause (a) of sub-section {lj oC section 73-AD.".

Amendment 5. The enactments specified in column 2 of the Schedule art hereby amended in the manner and to the extent specified in oolumn 3" thereof; e d m e n t a

. , ( Sm section 6 )

Sr. F,nswtmcnts Amendmcnta No.

1, The Bombcy Tenancy and (I) In seation 4-B a h r the womb Agrioultural hnda Aot, 1948 "any land" the braokets, words, figu- (Born. LXVII of 1948). rea and letters "(other than tenanoy

oreated with, the pmvi~us sanotion of the Cdeotor under motion 73-88 of the Bombay Iiand Revenue M a , 1879)" shall be inaertd.

(2) BRer d o n 884, the following Beation aha11 be k r k l . , namely:-

"88-(X. NotwiWmding an* oon- tsined in thin Act, a tenant who doee not belong to any of the hheduled Tribes

PART TV] ' GUJ. advlr, GU., X, DECEMBER 98,1980lpAmA 6,1908 ' &'I

2. The Bombay Tenanoy and Agridtuml Lands (Viderbha bgim and Eutoh A m ) Aot, 1938(Bom.XGIXof 1958).

shall not, aRer the commentrsmmt of the Bombay Land Ibqenue (&jarat Second Amendment) Ad, 1980 be enti- tledto pmhasa h m tho land lord under this Aot any land p i o u s aanotion &ion 7 3 - h i of venue W e ,

&plumtion,-For the purpose of this section, "Schedyled Tribes" moam auch tribea or tribal communities or parts of or groups withia such tribes or tribal mmmunitiea a3 axe deemed to be Sohe- duled Tribes in relation to tho %ate of Qujamt under diole 342 of the Cbnati- tution!'.

(1) In amtion 9, aft~rthe w o r h "my land", the brackets, words, figure? and lottern "(other than a tenanoy created with the previous sanction of the Co- lleotor under aection 73--48 of the Born- bay Land Rovenuc Code, 1879)" ahsll be inmed .

(2) Msr saction 130, the following seo- tion ahall be berted, namely:-

"130-A. Notwithstanding any- Ragatm of thing contained in this Act, a tenant zzM who doea not belong to any of the pmb Sobedded Tribes shall not, after tbe lend b a d . Oommen~ment of the Bombay b u d Revenue {Gujarst Second Amendment) 'Ad, 1980 be entitlcd to purchrsae from the hdIord under thie Act any land leased to him with tho previous -c-- tion of tho GoJleotor under motion 7 3 M of the Bombay XlangRevenue Code, 1879.

Eq&mah:-For ' the parporn of this rreotion, "hheduled Tribes*' mans such

- tribea or tribal mnimunitiea or parts of .

: or p u p s within enah tribaa or tribsl oommunitiss ae are deemed to be Sohe-

. duled Wbea ia mlation to the State of a~jmt maw arti010 of the (lionatik

-9'. -

i .Wr 7 -ISIERED NU. CICiNRf& 1

' . I >.

+Pol. XXI ] , TUES DAY, FEBRUARY. a, 1981lpIIBLGUNA 5,. 1m. -.- -- -- -

Separate Pw&g,ja &en to :hie Part in- ordet tbat &.may, bt Bled m ,a. - - srep;=te CompWool:

Regolations made by the Governor< '

The followhg ; Aa. of-the .Gujarat Legislature having - been1 ,assented to ,by <the - Governor on the 23rd February, 198 1 is hereby. ?puMisfisdlfrn.-.g~neral~ information.;

- . . . , - - . > .. . . . K. M. SATWAMZ. Sehetary , to the Gbvernmcnt of . Guja,rat

- Legal Department. - , . . . . . . - - ...

GUJARAT ACT NO. 2 OF 1981.

(First published after-having received the assent of thd Governor h the f'Girjarar Governmient Gazefle" on the 24t h February, 198 1.

AII act further to amehd 'the Bombay Land Revenue, W e , 1879 and to validate certain rules made thereunder.

It is hereby enacted in the Thirty-second Year of the Republic of India, as follows : -

1. (1) This Act may be called the Bombay Land Revenue (Gujarat Amend- 0- tith ment and Validation) Act, 1981. and mmont. mmmeni

121 -1t shall be deemed to haw come into farce on the 10th Decernbr, 1950. BOm. 2. , In the & A h y Land Revenue Cde, 1879 (hereinafter referred to as "the hadmat

,

v .of 1, of m&n - 1870. principl A m in section 214, ip sub-section ( I ) , for the words "make rules PUof

the words "make, whether 'pmspectiveIy, or retrospsctivdy, rules" shall be sub- Born. V of

stituted, IW * 7-1

- TP-Extm-7

Q U S A R A T ' Q O ~ ~ I ' QABTTE: EX. [PSI' IV I I I .

Amendmallt ~ f ~ o t i o n 3. -' h tbe principal Act, saion 215 shall, be renumbered as sub-section (1) of 8160f B6m. of that &an and after s u M o n (1); as so, renumbered, the following sub-section 1879. shad1 be added, namely : -- q -

4; I

"(2) (a) Nothing in section 214 shall aulhori* the State Government to . make rctrm@veIy a rule prescribing a penalty referred to in sub-section (1).

, ' (b) Notwj@standing the mmspeetivo opration bf a iy , rule . made under '

se&m 214, - no-thing or no action constituting breach of such rule, done or I !

taka'by a person hefore such .rule is so made shall rendsr such person liable to -penalty prescrikd und& subsection (11.". 1

1 VdIdation of mh*n ; 4. Any rule made retrospectively under section 214 d the principal Act, rnIea. $e fm the cummencement of this Act sh-all lx and shall k deemed always to haver

been validly made in accordance with law, as if the principal Act had been in' force as amended by this Act at all material times when such rule was made and any such rule or anything done or action or proceeding taken or puvortd to have Eaea done or taken under such rule, shall hot be called in question in any court or before any officer or authority whatsoever merely on the ground that such rule was made retrosp3ively without power to do so. or that such thing was done or action or p r d i a g was taken or putported to have hen done or taken under such rule. i i-.-

Repeal and mving. 5. (1) The Bombay'Land Revenue (Gujarat Amendment and Valida1ion)3;

Ordiqsnce, 1980'is hereby repeafed, 20 o f 1980.

1 - (2) -Notwithstanding such repeal, anything done or any action- taken under the principial Act as-.amend& by the said Ordinance, shall be deemed to have been _

done or taken under the princjpal Act as amended by this Act.

Extra No. 29 REGISTERED YO, G/GNR/Z

- EXTRAORDINARY . - . 7 . + ! - . . . - - - - . -7- - ---- -- -. . ---- - - LA.,-- -- ,. - -

Vol XXII] PItLUXY, dLJI,Y 31, 198l/dKXT.AN,i 9, 1903 .,.- - - . . . - . - . = - - I<& . ,, Y- ,... .. -YC-----<- *.

%parate ppt&g is given to Hiis Part in order that h may be tikd arr a separate Cornplla4ion.

-- -- - - .---,-.-

PART 1V Ads of the Gojarat 1,egislature and Ordinances premiilgated and Rukd;t!iuns

made by the Governor.

The following Act of thc Glijarat Legislature having been aslcr~itd by the Governor on the 29th July, 1981 is hereby published for general jnformation

K. M. SATWANI. Secretary to the Govemrnent of Gujar::t,

Lcgal Deparanleni.

GUJARAT ACT NO. 24 OF 1981.

[First published after having received the assent of the G o v e ~ ~ ~ o r in tile "Grrjnrai Govcn~me~it Gr~zt-tte" on the 31st July, 1981). '

AnActtoamend t l~~BomhyLaf idRcvenueCode , 1879wit i a v i z w t o . discontinuing exemptim from payment of land revenue in respca of lands, . other than lands ordinarily used for thc of a&icullure only.

situate within the sites of certain towns and cities iri the State of Gujarat.

It is hereby enacted in the Tbirty-second Year ( ~ f the RepubIic ccf India as . fclllows : --

1. (11 This Act may be called the Bombay Land Revenue ( ~ u j a r r t Amend- Short title

ment) Act, 1981. and oonl- mencoment.

(2) It shall come into force on such date as the State Governmet:t may, by nrltification in thr Oficiul Cozetie, appoint.

, . 29-1 TV-P.xtra-29-1

29-2 CUJARAT GO\'.ERNnf Eh'T GAZEITE EX., 31 -781 [PAIcT Ii'

2. In the Banbay Land Revenue Code, 1879 (hereinafter referred to a. '.rhsf of motion IN of Born. pintipal Act"), section 128 shall bc renun~bred a~ subsection ( I ) thereof and y

la7'' a h ( sub-8~~ti0n ( I ) as so renumbered, the following subsection ahall be added, '

namely : - "(2) The existing exemption from payrnent'of hnd revenua~continued under

sub-shon ( I ! in r m p t of lands spedied in that subsection, shall with effect on and from 1st August 1981 stand discontinued.".

E .

dmeodmsnt of mction 3. h tbe principal Act, in d o n 129, ip subsection ( I ) , for the w o r 4 "under n 9 o f Born. the last preceding d o n " the words, brackets and fig- "under sub-section ( I )

la''. of section 328" shall h substituted.

Ammdmanb of wofjon 4. h the p r i n c i ~ Act, in section 130, for the word and figures "section 128", 130 of *om= the words, brackets- and figyre~ " a u k t i o n ( I ) of seclion 128" shall k subsri- v o f 1570.

tuled.

EXTRAORDINARY

Vol. XXVHI] FRIDAY, FEBRUARY 13, 1987PAGHA 24,1908 - . % ~ p a g f n g b & a t o & P a r t i n & ~ i t m ~ b s , ~

-- as a Separate Compilatlor.

. .

' P A R T IY Acts of the Gajarat Legislature and O i ~ ~ prowalgated and

Rqubtiolls ma& by the Gopcrsor.

The following Act of the ,Gujarat Legislature having ktl assented to by the Governor on the 11th February, 1987 is hereby published for general infdrmadw.

J,. P. 'VASAVADA, *Secretary to the Government of Gujarat,

Legal Department

G-UJApAT Am NO. 2 OF I987

(Fiqt published, a£th hiving received the m t of the Governor in the "Gujarat G o v m e n t Gazetten on the 13th February, 1987)

AN ACT

f& o d th hnhi land R-us Code, 1870. , .

It is hereby enaoted in the.--eighth Year of the Republia of India HIe ss plollom -- \

' d ' aamn* ment;

i. ( I ) ! W a Bat m y heoalled $9 BombayLand RBv~nne.{Uujsrat _ '

--

Aambmt} Ad, lW. -

(2) k n d b have oome hb f o m on the 26th Deoamber 1986. . .

2-2 ItUJLLRBT GO- GAZELTE, m, 1&2*1987 ptRPJV - ~meodmeat 2. In the Bombay Xland Revenue Code, 1879 (herekafhr referred fa as of* "the principal A&"), in mtion 12, the following paragraph ahan be added ObBom. of 1870, at the end, namely :- I

"A deoision or order of a b n h t d a r in performance of the dutiea end exerh of the powem, imposed or conferred upon him or delegated to him, under tb sethion, shall be subjeat to the provisiom of Chapter m.".

~ m e ~ d s 3. In the principal Bet, in section l35G, for the worda "&dl report I 5 orally or in writing, fie mnb ac~baU rapart in writiog" dd be subrtiCuhd. 0fBom.v

1 -- I In tbsprinoipd Act3 ct,$ d o a 13bD,- of- I 1 M D o f bm.vof (1) for aub-mtiw { I ) , the fouowing aub-wotion &dl be subdituted,

I I mi, n a d y :- I . i ! , "(1) The v&gm mutant &all enter in a of qpat&ons 1 every repork m de to him under W n 136G or my intimation of acquisi-

I . ! tion or Icransfet of any right of the kind aentioned in seotion 1%C received : from the Mamletdar or a Court of hw.";

i (0) ' the WO& "either o d i or" shall ba debtad ; snd

1 (b) the following shall be added at the end, fimely :- -

"d to give a Stten sohowledgement of the receipt of obj&?n to $hg pereon making it.".

I I miof 5.3 In the p+~$'40t, aRer C&Kl?TER Xb, the following new Chapter I %,- ahall be inbM, name :-

Bom.vQf 1679.

, ,

" m m R XB I ,

yrepara: I S M . (I) In reap& of every &idturkt h o w lend in a village tiep 4 &UP; af d h g & &.for w U ~ a mllage ~~G is appointed, thhe m*.r S ~ S U be p r e p 4 by the villsge muntmt an a g r i d d p e in

- S P dup~oate in mmh fom,anii mntaining pnioolsls as to righh rroodd in *bo;rk' & $ W d 0f @lW aaad flu& o&et ( b d w f$Ip pgrhi*

I ragding mbaiating morbgag~~ of land, the total ~m0* of p o rp,caa?7 and the amout of interest due thereon) aa msy be -!%!?by xuh d e wdm W 4W.

I I I

I Xof 1%

I 6.

p m CfUJBRBT GO- WZElTE, EX., 13-2-1W7 2-3

(2) The agrioulturbt paw-book shall be. impplied to the within such period from the comm8nment of the Bombay d r z v = (anjarat Bmeqdment) Omlinanm, 1986 as & Stab Governmept may, by n b ~ M o 1 1 in the Q@& specify and the duplicate a g t i d t d psss-book &all be mtained by tbe village accountant,.

(3) The partioulara referred to in sub-emtion (I) sbaU be with refomce. to such dlsb a the %te hverrunent my, by,notification in the O&ad Qkm, ~peclfg.

138N No bank shall en- an applimtion by an apicult~& for grant of financiaI &tancs d m suoh an applimtion ia accompanied

. by hrs agriculturist w b o o k .

E w h . - I n tbia =tion and &ion 1360, the expreeaion "bank'' meam-

I t ) a banking company aa defined in the Banking Regulation Aot, 1949 ;

(&I the State Bank of India conatitutd under tbe State Bank of India A&, 196b ;

(%3 a enbaidiary bank as defined in the FJtate Bank of India (8ub- sidiary Badw) Aot, 1959 ;

(iv) a corresponding new bank oomtituhd under thb' B d g Corn- panies (Acquisition and Trader of Unde-) Act, 1970 ;

# (v) any b* &itution notifid by tha Central Chverom~~1t wder

s e ~ k n 61 of the Banking W t i o n , Act, i949 ;

(t$] the +nlhml Refinanca and Development Copxistion 0 0 ~ - t n a Under the Agnonlturd Refinance and Dev~lopmenk Corporation

. Act, 1963 ;

(*i the & p h u l t d EWDW Goqmration a oompy ;n-o- rated under Ghe Companies Act, 1966 ;

Pinqnoial h i t u g o n patified by the ,&@ h v w ~ t in , .

EUJ a b d , for the pmpom of thia Bat. :.

1&O, (1) Whenever an qykdturiet mo-w or creaks a ~harge on his h d or any intared therein in favour of a baak for the pnrpoee & obtaining financial aesistanm f rog *-t . bank, or

* -(a) whena'vex a; 'culturiat mdeema my mortgage or a oharge on hie t land or any intawat t rein by payment of mortgage money,

I I . .

Dnglioate w m l - w paas-book to be hpt uptodate.

I Bide of p f of atdm in.

Xr"?- pmbook.

2-4 ' GUJARAT W V E R H ~ m, EX., 13-2-1087 Pd&T l.i

the bank 8l;all-

(a) make neceseary entries in the agrioulturist p a u - b d of the agriou1- 1

tubt and t h e r d x return the p w h o k to the agribultdt, and

(b) (i) in the oaae f&ng under &me (I) report .in writing of ita +tiqn of right as mortgagee to the village muntmt in w r d - dance with the proviaions of aeotion l36C, and

(ii) in the case falling under chum (2) report in writing of the re- demption of mortpge to t h e ' w e acoountmt in kcordance with the proPisiona of aehon 136C.

136P. Whenever entries are transferred from the re@r of mutations ta th reoord of righta undm aection 136D, the vllIage accountant shall call for the agrioulturist pw-book from the mnwmed agrbultuci& and make entries therein, mrrespondq to those in the r e d of rights.

,

l%Q. The d a g e muntmt shall &a keep the duplicate a@oultwiSt pass-book retained by him up-to-date by making necemry entries .therain, - &m time to time, after verifying the entries from the o-al qgrioulturist p ~ h k and for that purpw, he may, from t h e to time, dl for the original rrgFicultmkt pwbook from the agricult;urht whereupon it 8hd be the duty of the agri~ulturist to forward his agriculturist paau-book to the ~ r ~ l a g a amunbnt.

&R.. A oertified copy of any enby in the duplicate agriculturist p m - book maintained by the d h g e ~ ~ ~ n t a n t SM in dl legal p-dipgs b received ' ag prhia f& evidence of the exbhnce of such entry and shall be admiW & evidence of the lizat-, transactions and accounts therein recorded to the same exbat a8 the original entq ihlf but not further or othmwb.

E p ~ . - P o r the purpoaes of thia Cbapbr, the expreaaion 'agrioul- tnriat' mema a hnd holder who holds Land for the purpose of apio&m:'

. k {I) ,a ' Bombay .&and Bevmtm (Qujamt Bmem&nmt} O & ~ I L O ~ ~ % '.

1986 is k b y rep&ded.

(2) No;twitbbding auch mpd, 'mythiog done any action bkm Q o$ under the principal Act as w n d e d by the aaid Odh+w shall be d&md Is to have been done or taken under the prinoipal Act a8 hendid by thk leas. A&

?

, . i

: -- i'

/

. . , , e , *

I > ' ; > i T .. .' I

' AT LT ODVR m* Om-

an. xxm ,I isas.

. . 3 '

16-2 . GJ. GOVT. OAZE;TlX, EX., 31-3-1989 p%R+T IV

$2) Notwithstanding anything contained in sub-section (I) but sub- jeot to any term and aonditions laid down by the'8h.b Government in this bshaIf, where. an ocoupant haa his holding- in an area, aompriaing a gram and such area fa not within an urban agglo~eration, or within a rladiua of five kilometres from the limitma of a municipal borough or noti- fied area or indugtrial estate and ,rsuch occupant d e s to use his holding or a paR thereof only for a residential purpose, it shall not .be necessary for kim to obtain permission .of the Collector under sub-aeotion (1). , . ' > .

Eqdamh-For the purposes of thia @ion-

c < (i) gram" means a grsm within the meanizlg of the Gujarat Pan-

chayats Act, 1961; ' .

) "industrial estsitc" means an industrial wstc: within the meaning of fhe ~ u j i r a t Industrial Development Act, 1962;

(iii) "muniuipal bomugh" or ':notified area" . m e a s . r e ~ ~ c t i v e l ~ , a municipal borough or a notified ares. within the meaning of the Gujarat Municipalities Act, 1963 ;

{ iv) "urban agglomeration" meane an urban agglomeration 'within the meaning of the Urban Land (hiling and Regulation) Act, 1976.".

8. In the prinoipal Act, in section 67 A,-

_ (I) in aub-section (I) and sub-seetion (Z ) , for & words, brackets and figures. "in column (3), column (4) or column (b)", the worda, brackets and figrms ''in . column (3), (41, (51, (6), or (7)" shall be substituted; ,

, (2) in subwction (3), for the exhthg Table and the R q b n u h , the fol loAg Table and &planation shall bo s~btstituted, namely :-

TABLE - Sr. b a s in w&h land ia Rate of convtkion tax per square metre NO. situated - of land -

when 'when when when when land ia land ia land is land is b d b t a b e t o b e tobe to-be tobe

- uaed for used for uwd for used for ueed for tempo- red- educa- indus- comm- . rary dential tional trial . ercial non- p u p a e . or cha- purpose. or any agri- ritable other cultural .ParPo=. non- purpose a&.

crilt-ural PnrpaW

(1) (2) Is> (4) (6) (6) (7) >

(1) (3) . (5) (4) (6) (6) ( 7 ) - Ra , Rs. - Rs. Rs. Re.

I IN Municipal borough sad notified

a w ~ with a population not ex- ceeding 60,000 and their adjoin-

0.20 0.26 0.26 0;M 0.76 ' ' ing areas.

2. Cities and muniuipai borough a

with a population exceeding . PHS,000, but not exmeding 1

lakh, and their adjoining areas. 0.40 0.M) 0.60 1.00 1 .BO

3, Cities 'and municipal borough with population exceeding 1

. lakh but not oxweding -2.6 Iakhs and their adjoining are*. 0.80 I . 00 1.00 ' 2.00 3.00 .

- 4. Cities and munibipd boroughs with a populatian sxceedings 2.6 l a b but not exceeding 6 lakha

I and their &joining areas. ,1.20 1.60 1.60 3.00 4.60

6. Citiee and municipal boronghe with a population exmeding 5 lakhaandtheiradjoiningsw. 1.60 2.00 2.00 . 4.00 6.00

b .

Eqda&n.-In the above Table,-

(a) "adjoining m e " meana-

(i) in relation to the City of h d a b d or any other looal area . Rm.LUEof ' whioh ia constitnted to be a City under section3 of the Bombay Provin-

- cia1 M~nicipsl Corporations Act, 1449, as in is form in the #tab of Quj* . rat or a municipal borough with a population exceeding 2.6 lakha, a peripbral area of Eve kilometm;

(ii) in relation to y other municipal borough, a pFipheral m a of - one Hornetre;

(b) "munioipal bomogh" or 'hotif14 area", meam mpectively a $kg ~nunioipal bomgh or a notified area witbin the meaning of the Gujarat 1 'nnicjp,liti~fl Act, 1963; . I

(0) "populationy ' m88tlg a population ~II amrtained at the k t preceding wnana of which relevant figures bbrve been published.".

E&a No. 7 REGISTE4U30 NO, G / G W

EXTRAORDINARY - -

To]. XXXVI] TUESD;111, JULY 4, !935/AS,.IDHd 13, 1917 -

-"zn-

Separate paging is given to this Part In order that it mag bc filed as a Separate Compilation. - ------A-

PART IV

The fo]]owil~g Act of t hc G u j a r ~ t JArgisletul.a. 1~firir.g been a ~ ~ e l i t e d to by tile Governor tho 3mu July, 1995 1. ilerally ]J 11 blihheti t u x gelinr&l lnir,]~llatioll.

HFM. H. K. JEAW,RI,

GUJAXAT ACT NO. 6 OF 1995

(Fir& publisllctl, after baring r e c c i ~ e t l the acbellt of tkc Gr verr:ci ii: the "GujarQt flov,pnmfijt Gazette" 011 t h ~ 4th Jul?', 1'305).

,in' A(:.?' furlher to amend the Uo~,tbuy Lurid h'eutmutr Code, 1.8'9,

It iis hereby enacted in the Forty-sixth Year of the Republic of India as follows:-

1. ( I ) This Act nlny be called t,he Bombay Land &venue (Cujsrat Amendmait) aort tide Act, 1996. and

commm- (2) It shall come into force on such date as the Statc Govcmmcnt may, by wmon~,

notificatio~l in the Official Gazelle, appiiit ,

hm. f of 2. In t,he Bombay Lalid Rm-e-enue Code, 1879, for w~l ion 157, the f ~ l l ~ ~ ~ 37% sedjm~ shall be substituted, narne1y:-

"157. (1) At any time after an arrear becomes due, the defaulkr (not hing an agriculturist from whom such arrear in reepct of his occupancy is due) may be Rme~tad alld detailled in custody for tell days in the office of the CoUector or of a a d a t d a r miless t,he revenue dnes togct.hcr with the penalty or interest and the coat of amst and of notiw of demaud, if any, and the cast of his aubsiatence during detention is sooiler paid :

i t I P ~ v i & d t .ht no such arrest shall be made unless thc default ia wilful and the ! &=f&~lk~ is given an opportunity to shorn cause against his arrest and detention.

Substitu- tion of sootion la7 of Born. V of 1879.

Arrest and detention of defadbr.

7-2 GUJARAT GOVERh73IENT GAZETTE, EX., 4-7-1995 PART-rV

(2) If, on the expiry of bn dap the amount due by the dofauhr is not pid , than, or if the Colleohr deems fit ou any earlier day, he may be sent by the CmUeotar with a warrant, in the form of Bchedule C for imprisonment in the o i ~ i l jail of the distriot :

Provided that nodefaulter ahall bo de~tiued in irnprisoumout for a longer period than the timalimited by law in the caw of the excoution of a decree of clivil murt fot a debt equal in amount to the amar of reveime due by s~toh defaulter.".

MVXRNXENT CENTRAL PEES S, GANDHINAGAR.

Extra No, 10

EXTRAORDINARY PUBLISHED &Y A U T I ~ Q ~ - JTY

.------ VOL. XXXVI ] SATURDAY, JULY 29, 1995ISRAVANA 7, 1917 - -.- - -- -

~ p # i . g L g h m b t b l r h c h d a W I

The fallowing Act of the Gujarat Legislature, having been assented to by the Governor on the 29th July, 1995 is hereby published for general information.

KUM. H. K. JHAVERI,

Secretary to the Government of Gujarat, LegisIativc and Parliamentary Affairs Department.

GUJARAT AC T NO. 9 OF 1995.

( First published, after having received the assent o f the Governor in the "Gujaraf Goventmenl Gazette' on the 29rh July, 1995).

AN ACT /,dm to a d the Bombay Land ?mmue C&, 1879.

r

It il hereby in the hxtpsixth Year of the Bepublic of India a a fdlow6:-

1, ( I ) a s Act be called the Bcmbay land Revenue [Cujarat- b o n d I o d Amendment) Act, 1996. title and cornmen-

i (2) This saction ~ b l l wme into fo~cc at ouce and the remiping m i a shau cement. inh force on such date as the 6tate Government ma)-, by notifieation in the

O w U&e, appoint.

2, the &mby b n d Revenue h d e , 1879 (bereinaficr rcfemd to ns "the prin- Amad- ~lorP. dpa] ~ ~ t ' j ) , in Chapter XB, for the words "drip aomuntant" wbererex they o w , m e ~ t of r of the mrda authority" shall be ~ubetit~uted. C h a w [Hg. XB of

Born. V

3. In the Act, in Chapter XB, after the heading TEE AGRIGIJL- In&j,on ~ B T p m BOOK" but before section 1%M, the folloaiog new rcticn sht-11 of

~ 0 t h insetted, namely:-

10-1

10-21 GUJARAT GOVERNMENT GAZETTE, EX., 29-7-1995 [ PART 1V

Applica- "185LL. (1) This chsptnr shall apply t o such t ~ l u k a in a district as the Shte tim. G~vcr_l.m~r?t mq,y, by ant.ific:i,t;on, in the -0fwizl G ~ M R , specify.

(2) This chapker shall cense to apply to 8uch taluka in a district es fJ r Ftzte Cfoverl.-meat may, by notification in the Official Gaze?te, specify.

Bmandr 4. In the princips' Act, in section 1W,- ment of motio'il ( I ) ; 1 S ' I S - S ~ S ~ ~ ? ! ~ ( I ) , f o ~ the w r l s "for which a d I a g e ~ c ~ o u r . t ~ n t is 139M of app inted", t h a ;pl: 13, 5:1ok?~s a , i l firfares "in a kluka t o which this Chapter is Born. V of ~ p : ) i i ~ . i 11:1.15r sub-~rctioa ( I ) or re-applied under sub-seotioa (3) of section 135LL 1879, 321 f,r which a cxnp?b?ut authority ie appointed" ahall be substituted;

(2) f3r ~ub-section (2), the folluming)haI1 be substituted, mamoly;-

98): a) Ti3 4g~ic!1lturist p t s e 5 3 ~ k shall be aupplied to the agrioulturist holding i and in x taluke tc~ whioh this Bh.3pt.er is applied under sub.s:ctiou ( I ) or re-appIied ander sub-section (3) of section 135LL.

(b) The .pnss--brink q!iall bc supplied under clause (a)-

[i) within nu& ~)$rin:l fr?m t h ~ ! d9ta on which this Chapter i s rtppli~d or re-applicd t o the tslukn R a the State Government may, by notification in the Official Gaazctle, apecify; and

{ii) on psymeut of such fees as may be prescribed by rules made under this Act.

< . - . , . (c) Tho d~p : i c~% a~ciaidt ~rist:psus-bjdx >hal! b? r:',1i3cd by t.hs oompet;ent

authority.",

Amend- 5, In the priacip31 Aot in seotion 135?$, in the Explanation,-

mont of sectiou ( I ) for tbe woala, F ie r3s ?nd I s t t e r " a d seel.in:~ 1350". th- rvnriIs. figUrfry and 135N nf lettsra 'knd seotiolls 1350 slid 132R" shall be substit.uted; Born. V of 1879. (2) i n elanss {iv), afkr tths figure.; "1970': the rn~rtls, bracbts a figur&a "or

fb r33nkigg Companies (Acquisition a d Transfer of Uad2rtakiw) Aot, 1980'' ball 40 of ' he inserted, 1980.

(3) after o l ~ u s s (ix), thz Fallowing olaugss ahdl be inserter], namely: -

"{ixu) a m-operativa smieby rgistered under tho Gujarat Go-opsrative Bcicietia Qnj. 18 Abt, 1961: I of 1962,

(hb) a panohayat uulld':+llted uuder the &jarat Panchayats Act, 1993.". Guj. 18 V n - 8 :

W L

6. In thg ~rincipal A d , %fkr ~ " c b i 0 ~ 135 0, the following new s?&ions 8hal] be fnwdion b & d , namely:- of new eentions

. . 138 00 snd 136000 P *%m. - V of 1879.

. - PART IV 1 GUJARAT GOVERNMENT GAZETTE, EX., 29-7-1 995 10-3

"135 00. (11 ?Jb dooument oftransfer of aanp agricuHura1 land by wle, pumhase, ift. m0~t -~ r ,g~ , & t $ ~ r with o.rr +th(l!lt p>pwsi?n, ~.xch?.ry, !i:jrtitit?~,, leaan, surrcc-

! b <

(j*r O t j l d r ~ ; ~ ? 41131 1 b~ r:?gi~ter:f9 i by i :it- rq18t~ri i : v ti :~th.?rilp i;.i :I td~lka to which tbia c'baptm itl appliet t uder au h-secticn { I ! or ro-applied under snbseotion (3) of goiiun 193 LL uiJe;w s u ~ n docluueat is :.:ccampanieil by t,ho agrioulturjst piass-book rcbting t u ducb land.

(21 The registcri~g authority shall afte-r rcgistcring ~ u c b dncumcut mke necessary &trics irl the ngriculturist pass-book of t,he agriculturist end t-hcrea fter return the paes-book to the apiculturist.

- (3) Tho registering a ~ t h o r i t p #hall make ! rcport in h t i n g of such r~gist&ticn to t h ~ competent autborit~.

- - 135 000. Tho con~p~.teut zzthority shali Us responsible: t o kocp, t,ho agriculturist

pawbook n i ~ d the ciuplicetc egricl:lturiut- psm-book rctahed by it, up-to-data by rnnkirr; neccsaery ent,rios thorein as providd in sections 135P and 135Q, rcqdctively.",

7. In the prinoipnl Act., for section 13SP, the hlioming ~jhall bfi substituted, tamely:-

"i35P. ;Vhencvzr ontr ix arz t-r*.:lsfcrred from the register of mutatictus to the remr6 af :isits uild.r s3ction 135D, the competent a-uthdrity sbaU call for the agcicuitudat p~d3-b3& from the concerned agicdt.urist and thereupon the agrical- twist product tha itgricuituriut pass-book before the c;uml)etent authority witgL;l sash p:rl~rl nu map boprzscribed by rdes made under this Act and an ~suoh prodnotion of p;ss-5371<. kilt! co!npebnt authority shall make entries therein, wrresponrling to thosg in tbe record of' rights and keep such pass-book up-to-date,".

8. In the principal Act, rqr s~c t ion 1358 including the Esplanation thereunder, the following ahxll bo substituted, namely :-

"135R. A ccrtifi~d copy of any entry not being an entry ~ a d o by a bank or regi4ering authoritv in-

(a) t h Juplicake :~gzioulturist psss-book rnniatained by the competent authority, or

(b) the agiaulturist, pass-book of the agriculturist,

ahall in all legal pwccedin@ be rewived as prima fade evidence~of theexistence of I such entry and shall ba ndm~tted aa evidence of the m~tt~ers, t.rnnaaotions and

aco3unts tbzroin racordcd t o the same extent as the original entry itself in the record of rigits but uot f~rbher or athecmise.",

9, 1 a t,hc! print;ipnl Act, ia Chapter XB, after ~ect ion 135R, tho following sectiuus and Explanatifla shall be added, namely:-

Document for re- gistration of trans- fer of agrioul- tura 1 l ~ n d to acxom. pang the a g h & turisL pass-bnok.

Ilespcixai- bility of cornpotent authority.

Substi- tut io~ of ee ct ion 136P of Born. V ef 1879,

Agioul- turists pass- book to tm kept -

fip-to-date.

Substmi- tution of section 135R of Born, V of 1879.

Hode of proof of ent.riea in agricul- turist. psss-booki

In aertic n of new &xrtiion~ and EX- pl ana iion in Chaw1 XB of Born. V -

of 1879, '

Penalty for lontravm* Cion of aoction I3FiP.

Pbllaih)' fur wiaothori- a~!ii >ii::-r- . - iiYh"*. L p a s ' 1)"~t:. ur fianish- ing faka inE>r- mi. F ~ D I L . ,

Amend- ment of seutioa a14 of Born. I. of ,I 879.

PART IV] GUIARAT GOVERNMENT GAZETTE, EX., 29-7-1 995

"1865. Any agriculturist -who contravanes the provision of eection 136P ahall ba . puuisbetl with fine ~ h i c h may extend t o two hundred rupee.

iS5T. Any !!exson whn unc rthori~rlp n l sk~a , altrrs cr d p l e t p ~ A t i s ellfry in the '

pusl;-baok [a f l i r l ~ i ~ l : ~ s f~*bn. i:,f , .r:~;~tic.? tr. t l ~ r c.1 ~l,prt+~.I :ill hi rifgL i t ; rclstion to t h 11; %;-I), - - I ; &I: 11: ;~ii~.i:L~t: witl) l i l : ~ w11icI. 1iii.:- < s t i ~ ( i t~ c,;.,: ? L ~ w t n G P;ll)..tt +.

(iii) tk csjli: s:iL!1; 'rt ljiitcling ~ 1 : t h o ~ i t y ' =PC 11s Ihc ~egihtcricg cffitcr cl>i~8 :! tcJ. undnr the gi~rr;. tic.n Aft.. 1 k 9 17

of If

10, in the prillcipal Act, in section 214, in cub.ecct~io~~ (2), -after ol~use (c , - . tr following dausc shall be added, namely :-

"(v) regulnting the supply of agriculturist pass-book.".

GOVERNMENTCEKIRAL PRESS, GANDWINAGAR.

EXTRAORDINARY PUBLISHED BY AUTHORITY

Vol. XLIV] MONDAY, MARCH 31, 2003ICAITRA 10,1925 --

Separate paging is given to this Part in order that it may b i fled as a Separate Compilation.

PART- IV Acts of the ~ d a r a t Legislature and Ordim- promulgated . .

ai~d Regulations made by the Governm The following Act of the Gujarat Legislature, having been assented to by the Governor on the 29th March, 2003 is hereby published for general information.

V. M. K O T T W , Secretary to the Government of Gujarat,

Legislative and Parliamentary Affairs Department.

GUJARAT ACT NO. 14 OF 2003.

(First published, after having received the assent of the Governor in the "Gujaraf Government Gazette". on the 31'' March, 2003).

AN ACT

further to amend the Bombay Land Revenue Code, 1879.

It is hereby enacted in the Rfty-foh Year of the ~epublic' of India as follows :-

1. (1) This Act may be cdled the Bombay Land Revenue Shoaw

(Gujarat Amendment) Act, 2003. std a-

(2) - -,.I shall come into force ~ ~ m e , f * wl, m3. ,-

GUJARAT GOVERNMENT GAZETTE, EX., 3 1-3-2003 [PART IV

A-dnaent 2. In the Bombay Lmd Revenue Code, 1879 (hereinafter referred to as Born. V of e n "the principal Act"), in section 67A,- d 1879. 57A oPBom V of 1879.

(1) in in sub-sections (I) and (21, for the words, brackets and figures "in column (3), (4), (3, (6) or (7)", the words, brackets and figures "in column (3) or (4)" shall be substituted;

(2) sub-section (2A);-

(i) for the word, brackets and figure "column (6)", the word, brackets and figure "column (4)" shall be substituted;

(ii) for the words, brackets and figures "columns (3), (4) and (5)", the word, brackets and figure "column (3)" shall be substituted;

(3) for the existing Table and Bxplwiun thereunder, the following

-.- I-'

Table shall be substituted, namely :-

"TABLE

Sr. Area in which land is situated , Rate of conversion tax per square No. metre of land

when land is to be when land is used for temporary to be used for

non-agricultural industrial purpose Or for purpose n. for

residentid purpose or olher for charitable

P-. Purpose- I 2 3 4

1. Villages, Municipal boroughs, Rs. 2.00 Rs. 6.00 notified areas a d cities having population not exceeding one lakh as per the last census.

2. Municipal hrougbs, notified Rs. 10.00 Rs. 30.00' . areas and cities with a population exceeding one lakh as per the last census. -

Expimation.- In the above Table, ''mu~cipal borough" or "notified area" wad means respectively a municipal borough or a n o w a m 1964, within the meaning of i l - ~ Gujaa W&ipatrtles k t , 1963."

.Government Central Press, Gandhinagar.

~

REGISTERED NO. G/GNR/2Extra No.7

~~

QtbecJujarMclobemment49a?etteEXTP~OP~INARY

PUBLISHED BY AUTHORITY

Vol. LI] WEDNESDAY, wiARCR 31, 2010/ CAITRA 10, 1932

Separate paging is given to thi~Eart in order that it may be filed as a Separate Compilation.

PART IV

Acts of Gujarat Legislature and Ordinances promulgated andRegulations made by the Governor.

The following Act of the Gujarat Legislature, having been as3ented to by theGovernoron the 315t March,2010, is herebypublishedfor generalinformation.

H. D. VYAS,Secretary to the Government of Gujarat,

Legislative and Parliamentary Affairs Department.

GUJARAT ACT NO.7 OF 2010.

(First published, after having received the assent of the Governor, in the "GujaratGovernment Gazette", on the 31 st March, 20 10).

AN ACT

further to amend the 'Bombay Land Revenue Code, 1879.

It is hereby enacted in the Sixty-first Year of the Republic of Indiaas follows:-

1. This Act may be called the Bombay Land Revenue (GujaratAmendment) Act, 2010.

Short title andcommencement.

Amendment ofsection 3 ofBom. V of

1879.

(2) This section shall come into force at once; and all or any of theremaining provisions of this Act shall come into force in such differentareas of the State on such date as the State Government may, bynotification in the Official Gazette, appoint.2. In the Bombay Land Revenue Code, 1879 (hereinafter referred to as"the principal Act"), in section 3, after clause (27A), the following newclauses shall be added, namely:-

Born.V of1879.

"(28) "designated officer" means any revenue officer appointed by theState Government from time to time for carrying.out the functionsas specified in Chapter X-A;

N-Ex.,-7-1 7-1

Substitutionof section

13SB of Born.V of 1879.

Record ofrights.

7-2 GUJARAT GQVERNMENT GAZETTE, Ex. 31-3-2010 [PART-IV

(29) "prescribed" means prescribed by rules made under this Act.".

3. In the principal Act, for section 135B, the following section shall besubstituted, namely :-

"13SB. A record of rights shall be maintained in the fonnat, eithermanually or electronically or inJ)9!h formats, as may be prescribedfor the village or City Survey Arei: and shall include the followingparticulars :-

(a) the names of all persons other than tenants who areholders, occupants, owners or mortgagees of the land orassignees of rent thereof;

. the nature and extent of the respective interests of suchpersons and the conditions or liabilities if any, attachingthereto;the rent or revenue, if any, payable by such person;such other particulars as may be prescribed in this behalf.

(b)

(c)(d)

(2) The said particulars shall be entered in the record of rights withrespect to perpetual tenancies, and also with respect to tenancies of anyother classes to which the State Government may, by notification in theOfficial Gazette, direct that the provisions of this section shall apply in anylocal area or generally.".

Substitution4 I h

. . 1A .c. . 135C h .c.11

' .h 11 bof section. n t e pnnclpa ct, lor sectIon. , tela owmg sectIon s a e

13SCof Born. substituted, namely:-V of 1879.

Acquisitionof rights to

be reported.

IVof 1882.

"13SC. Any person acquiring the right on any land by succession,survivorship, inheritance, partition, purchase, mortgage, gift, leaseor otherwise any right as holder, occupant, owner, mortgagee,assignee of the rent thereof, shall make a report of such acquisitionof such right, either manually or electronically, to the designatedofficer within the period of three months from the date of suchacquisition, and the said designated officer shall at once, give awritten acknowledgement of the receipt of such report to the personmaking it :

Provided that where the person acquiring the right is aminor, or otherwise disqualified,his guardian or other person, -

having charge of his property, shall make the report to thedesignated officer:

Provided further that any person acquiring a right by virtueof a registered document shall be exempted from the obligation toreport to the designated offic~r.

.- .

Explanation L- The rights mentioned above incltlde amortgage without possession, but do not include an easement or acharge not amounting to a mortgage of the kind specified in section100 of the Transfer of Property Act, 1882.

'.

Register ofmutations and

register ofdisputed cases.

. PART-IV] GUJARAT GOVERNMENT GAZETTE, Ex; 31-3-2010

Explanation 11.- A person in whose favour a mortgage isdischarged or extinguished, or lease determines, acquires a rightwithin the meaning of this section.".

5. In the principal Act, for section 135D,the following section shall besubstituted, namely ;-

"135D. (1) (a) The designated officer shall enter, manually orelectronically by the automated process, in a register of mutations,every report made to him under section 135C or any intimation ofacquisition or transfer of any right on land made to him, eitherma...~uallyor electrol1icallyunder section 135C from the Mamlatdar,or a court of law.

(i) When a claim or document or rights is producedbefore the designated officer, he shall, through bio-metric IDor any other mode as may be prescribed, verify the identityand the lawful rights of the transferor and the transferee.

(ii) Upon completion of verification, the necessaryentries shall be made in the register of mutations in themanner as may be prescribed and the notice of thetransaction under section 135D shall be served to thepersons interested therein.

(2) Whenever a designated officer makes an entry, either manually orelectronically in the register of mutations, he shall at the same time intimateto all persons appearing from the record of rights or register of mutations tobe interested in the mutation and to any other person whom he has reason tobelieve to be interested therein in the manner as may be prescribed.

(3) It shall be the duty of the designated officer to enter the particularsof the objection if any received from any person either manually orelectronically, in a register of disputed cases and to give writtenacknowledgement of the receipt of such objection to the person making it inthe same manner. .

(4) Orders disposing of objections entered in the register of disputedcases shall be recorded, either manually or electronically, in the register ofmutations, after disposing it within the period as may be prescribed for thispurpose and the same may be intimated to the concerned person havinginterest in the said mutation.

(b)

(5) Where no objection is raised by any person having interest in thetransaction, either manually or electronically, within a period of thirty days,the mutation entry shall be certified electronically through an automatedprocess or manually, as the case may be.

(6) The transfer of entries from the register of mutations to the record ofrights shall be effected subject to such rules as may be made by the StateGovernment in this behalf;'

Provided that an. entry in the register of mutations shall not betransferred to the record of rights until such entry has been duly certified.

.

7-3

Substitutionof section135D of Born.V of 1879.

7-4 GUJARAT GOVERNMENT GAZETTE, Ex. 31-3-2010 [PART-IV

(7) In the event, where the automated process of certification of entrieshas not been initiated, t"the entries in the register of mutations shall beverified and if found correct or after correction shall be certified in theMutation Register, within a period as may be prescribed, by a RevenueOfficer not below the rank of a Deputy Mamlatdar, and the same may beintimated to the concerned person having interest therein.

(8) Where the certifying officer has a reason to believe that suchmutation entry violates or contravenes any of the provisions of the Act orany other Act, he shall not certify such entry and shall intimate the samewith reasons in writing to the person concerned.

(9) The provisions of this section shall apply in respect of perpetualtenancies and also in respect of any tenancies mentioned in a notificationunder sub-section (2) of section 135B but the provisions of this sectionshall not apply in respect of other tenancies, which shall be entered in aregister of tenancies, in such manner and under such procedure as may beprescribed." .

Substitution 6. In the principal Act, for section 135E, the following section shall beof section substituted, namely :-

135Eof Born.V of1879.

Obligation tofurnish

information.

"135E. (1) Any person, whose rights, interests or liabilities arerequired to be, or have been entered in any record of register under thisChapter, shall be bound, on the requisition by any designated officer,engaged in compiling or revising the record of register, to furnish orproduce, either manually or electronically, for his inspection, within theperiod as may be prescribed, all such information or documents needed forthe correct compilation or revision thereof, as the case may be, within hisknowledge or in his possession or power.

(2) Any designated officer, to whom any information is furnished, orbefore whom, any document is produced, either electronically or manually,in accordance with the requisition under sub-section (1), shall at once, givewritten acknowledgement thereof, in the same manner to the personfurnishing or producing the same, and shall endorse, on any such document,a note under his signature stating the fact of its production and the datethereof, where the automatedprocess has not been initiated.".

Amendment 7. In the principal Act, in section 135F, for the words "twenty-five",of section the words "one thousand" shall be substituted. .

135F of Born.V of 1879.

Deletion of 8.section 1351of Born. V of

1879.

In the principal Act, section 1351shall be deleted.

Amendmentof section

135K of Born.V of1879.

9. In the principal Act, in section 135K, for the words "the villageaccountant, Mahalkari", the words "the designated officer" shall besubstituted.

-----------------

Government Central Press, Gandhinagar.