Short title and commencement:-
1. (1) This Act may be called the GUJARAT AGRICULTURAL LANDS CEILING (AMENDMENT) ACT, 1972.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, specify.
Declaration for giving effect to policy of State towards securing principles specified in clauses (b) and (o) of article 39 of Constitution:-
2. In pursuance of article 31C of the Constitution of India, it is hereby declared that the provisions of this Act are enacted for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (o) of article 39 of the Constitution of India; and in particular, but without prejudice to the generality of the foregoing declaration, for providing that the ownership and control of the agricultural resources of the community are so distributed as best to sub-serve the common good, and also that the operation of the agricultural economic system does not result in the concentration of wealth and means of agricultural production to the common detriment.
Amendment to preamble of Gujarat XXVII of 1961:-
3. In the preamble to the Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as “the principal Act”), after the words and the bracket “and small holders”’ the words “or for the allotment of such surplus agricultural lands the integrity of which is maintained in compact blocks to a department of Government or to cooperative farming societies or corporations owned or controlled by the State, for ensuring the full and efficient use thereof” shall be inserted.
Amendment of section 2 of Gujarat XXVII of 1961:-
4. In section 2 of the principal Act-
(1) for clause (1), the following clause shall be substituted, namely:-
“(1) “agriculture” includes-
(a) horticulture,
(b) the raising of crops, grass or garden produce,
(c) the use by an agriculturist of the land held by him or part thereof for grazing,
(d) the use of any land, whether or not appendage to rice or paddy land, for the purpose or rabmanure,
(e) dairy farming,
(f) poultry farming,
(g) breeding of live-stock, and
(h) the cutting of wood :
Provided that in relation to any period prior to the specified date, “agriculture” shall not include any of the pursuits specified in sub-clauses (d), (e), (f), (g) and (h) and also such other pursuits as may have been prescribed prior to the specified date as pursuits not included in that word;”
(2) after clause (3), the following clause shall be inserted, namely:-
“(3A) “Amending Act of 1972” means the Gujarat Agricultural Lands Ceiling (Amendment) Act, 1972;”
(3) for clause (6), the following clause shall be substituted, namely:-
“(6) “class of land” means any of the following classes of land, that is to say:-
(i) perennially irrigated land ;
(ii) seasonally irrigated land ;
(iii) superior dry crop land ;
(iv) dry crop land ;
Explanation I:- For the purpose of this Act-
(a) “perennially irrigated land” means land which is assured of a regular and actual supply of water for a period of not less than ten months during the year from any source of irrigation and which is consequently capable of growing at least two crops in a year or is utilized for growing sugarcane crop ;
Provided that land irrigated by a tube-well or lift irrigation from a perennial source of water, operated by diesel or electric power or both and constructed on or after 15th August, 1972 by any person other than Government or a local authority, shall not be deemed to be perennially irrigated land ;
(b) “seasonally irrigated land” means land which is assured of a regular and actual supply of water for a period of less than ten months but not less than four months during the period from 15th September to the end of February in a year from any source of irrigation, and is consequently capable of growing at lest one crop in a year ;
(c) “superior dry crop land” means rice land and orchard ;
(d) “rice land” means land which is situated in a local area where the average rainfall is not less than 89 centimeters a year, such average being calculated on the basis of rain-fall in that area during the five years immediately preceding the year 1959 and which is used for the cultivation of rice or which, in the opinion of the State Government, is fit for the cultivation of rice but does not include perennially or seasonally irrigated land used for the cultivation of rice ;
(e) “dry crop land” means land other than the land specified in paragraphs (a) to (c) and grass land, that is to say, land which abounds in grass grown naturally and which is capable of being used for agricultural purposes ;
(f) “grass land” re ‘erred to in paragraph (e) shall, notwithstanding anything contained in that paragraph, be deemed to be rice land if it is situated in a local area referred to in paragraph (d) and in the opinion of the State Government it is fit for the cultivation of rice ;
(g) land irrigated by dug wells except in the irrigation command of an irrigation project or in the bed of a river, stream, or natural collection of water or a drainage channel (being an irrigation project, a river, stream, natural collection of water or a drainage channel which is a perennial source of water) shall not be deemed to be irrigated land ;
Explanation II:-For the purpose of paragraphs (a) and (b) of Explanation I, a certificate granted by a Canal-officer as defined in clause (6) of section 3 of the Bombay Irrigation Act, 1879 in respect of any land, after such inquiry as he deems fit, that it is perennially irrigated land, or as the case may be seasonally irrigated land and for the purpose of paragraph (g) of Explanation I, a certificate granted by such officer, in like manner, in respect of any source of water referred to in the said paragraph (g) that it is a perennial source of water, shall be conclusive evidence in that behalf ;”
(4) after clause (6), the following clause shall be inserted, namely:-
“(6A) “Code” means the Bombay Land Revenue Code, 1879;”
(5) for clause (17), the following clause shall be substituted, namely :-
“(17) “land” means –
(i) in relation to any period prior to the specified date, land which is used or capable of being used for agricultural purposes and includes the sites of farm buildings appurtenant to such land ;
(ii) in relation to any other period, land which is used or capable of being used for agricultural purposes, and includes –
(a) the sites of farm buildings appurtenant to such land ;
(b) the lands on which grass grows naturally ;
(c) the bid lands hold by the Girasdars or Barkhalidars under the Saurashtra Land Reforms Act, 1951, the Saurashtra Barkhali, Abolition Act, 1951 or the Saurashtra Estates Acquisition Act, 1952, as the case may be ;
(d) such bid lands as are held by a person who, before the commencement of the Constitution (Twenty-Sixth Amendment) Act, 1971, was a Ruler of an Indian State comprised in the Saurashtra area of the State of Gujarat, as his private property in pursuance of the covenant entered into by the Ruler of such State ;
(e) trees and standing crops on such land;
(f) canals, channels, wells, pipes or reservoirs and other works constructed or maintained on such land for the supply or storage of water for the purpose of agriculture;
(g) drainage works, embankments, bandharas or any other works appurtenant to such land, or constructed or maintained thereon for the purpose of agriculture, and all structures and permanent fixtures on such land ;
Explanation:- In clause (d), the expression “Ruler” and Indian State” shall have the same meanings as are assigned to them in clauses (22) and (15) respectively of article 366 of the Constitution and the expression “covenant” shall have reference to the covenant which was referred to in article 291 of the Constitution before the repeal of that article by the Constitution (Twenty Sixth Amendment) Act, 1971;”
(6) after clause (19), the following clause shall be inserted, namely :-
“(19A) “orchard” means a compact area of land, having fruit bearing trees grown thereon in such number that they preclude, or when fully grown would preclude, a substantial part of such land from being used for any agricultural purpose, which has been used for the growing of such trees for a period of not less than three years immediately preceding the 24th day of January 1971; but shall not include vine yards or other areas of land used exclusively for growing coconuts, arecanuts, bananas and guavas;”
(7) in clause (20), the words “relevant” shall be deleted ;
(8) clause (24) shall be deleted ;
(9) in clause (27), for the word “one-eighth” the word “one-sixteenth” shall be substituted ;
(10) after clause (27), the following clause shall be inserted, namely :-
“(27A) “specified date” means the date of the coming into force of the Amending Act of 1972;”
(11) in clause (31), the word “relevant” shall be deleted.
Amendment of section 3 of Gujarat XXVII of 1961:-
5. In section 3 of the principal Act,-
(1) in sub-section (1),-
(a) for the words “The following lands” the words, brackets, figures and letters “Subject to the provisions of sub-sections (1A) to (1D) (both inclusive), the following lands” shall be substituted ;
(b) in clause (a), the words “or land held on lease from Government for a period not exceeding twenty years” shall be deleted ;
(c) after clause (a), the following clause shall be inserted, namely:-
“(aa) khar lands and tidal lands as defined in the Gujarat Khar Lands Act, 1963 and any other lands which, being in the opinion of the State Government such as need special efforts for their reclamation for the purpose of bringing them under cultivation, are notified in this behalf by the State Government by a notification in the Official Gazette, held on lease from Government for a period not exceeding twenty years ;”
(d) for clause (b), the following shall be substituted, namely:-
“(b) lands belonging to, or held on lease by, a local authority and lands belonging to, or held on lease by a University established by law in the State of Gujarat or by an institution in the State of Gujarat which is declared to be a University by the Central Government under section 3 of the University Grants Commission Act, 1956, where such lands are used by the University or such institution for the purpose of imparting education in agriculture, or are specified by the University or such institution as being reserved for being used for future expansion of the University or such institution;”
(e) for clause (d), the following clauses shall be substituted, namely:-
“(cc) lands which are the property of a public trust for a hospital existing on the specified date, to such extent as may be decided in each case by a Committee consisting of the Collector, such officer of the Medical Department as the Director of Health and Medical Services may nominate and a representative of the hospital concerned ;
(d) lands which are the property of a public trust for an educational institution imparting education in agriculture, to such extend as may be prescribed;”
(f) after clause (d) the following clauses shall be inserted, namely:-
“(dd) lands held by a Panjrapole or a Gaushala for the purpose of grazing of cattle or storage of grass for cattle in the institution to such extent as may be specified from time to time in each case by a Committee consisting of the Collector, such officer of Animal Husbandry Department as the Director of Animal Husbandry may nominate and a representative of the Panjrapole, or as the case may be, the Gaushala, having regard to the number of cattle normally maintained or cared for in the institution concerned, provided the Panjrapole or the Gaushala, as the case may be uses such lands solely and directly for the purpose for which such lands are held and not for the purpose of deriving income for the institution ;
(ddd) lands being lands utilized for maintenance of Panjrapole or Gaushala, which were exempt from the provisions of this Act immediately before the specified date by reason of their being the property of an institution for public religious worship registered as a public trust under the Bombay Public Trusts Act, 1950, provided such institution creates a separate trust in respect of such lands for the purposes of Panjrapole or Gaushala applies within a period of ninety days from the specified date, for the registration of such trust under the said Act, to the Deputy or assistant Charity Commissioner having jurisdiction and endeavors to get such separate trust registered under the said Act within a period of one year from the specified date ;”
(g) clause (e) shall be deleted;
(h) in clause (f), add the following at the end, namely:-
“to the extent necessary for the purpose of expansion or present need of the industry, as certified by the Commissioner of Industries “;
(i) clause (g) shall be deleted ;
(j) for clause (h) the following shall be substituted, namely:-
“(h) lands held or leased by a Land Development Bank, a bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, or a Corporation (including a Company) owned or controlled by Government, provided such lands are required and used by these institutions in connection with the discharge of their bona fide functions or achievement of their bona fide objects”;
(k) in clause (i), for the words “for agriculture” the words “for agriculture, provided that he sum total of land held by any one member of such society as such member as well as separately as an individual does not in any case exceed the ceiling area which such member shall be entitled to hold as one person” shall be substituted;
(l) clause (k) shall be deleted;
(2) after sub-section (1), the following sub-sections shall be inserted, namely:-
“(1A) Every person who holds land which is eligible to the exemption provided in sub-section (1) shall,
(i) in a case where such land was eligible to exemption immediately before the specified date or where such land becomes eligible to exemption on the specified date, within a period of ninety days from the specified date, and
(ii) in any other case, within a period of ninety days from the date on which it becomes eligible to exemption by reason of its satisfying the requirements of the provisions of sub-section (1),
Make an application in the prescribed form to the Collector within whose jurisdiction such land is situate, for a certificate that the land in question is eligible to exemption from the provisions of this Act.
(1B) On receipt of such application the Collector shall, after giving to the applicant an opportunity to be heard and after making such inquiry as he thinks fit, decide whether the land is eligible to exemption or not.
(1C) If the Collector decides that the land or any portion thereof is eligible to exemption, he shall issue a certificate in the prescribed form to the application to the effect that the land specified therein is entitled to exemption from the provisions of this Act, and no land in respect of which such certificate of exemption has not been issued shall be eligible to exemption under sub-section (1).
(1D) The decision of the Collector under sub-section (1B) shall, subject to the decision of the State Government in an appeal, if any, which may be filed by the applicant aggrieved by the decision of the Collector within a period of ninety days from the date of communication of the decision to the applicant or the decision of the State Government in such appeal or in exercise of its powers under section 52, shall be final and conclusive and shall not be called in question in any suit or proceeding in any court or before any authority.”;
(3) in sub-section (2), the following shall be added at the end, namely:-
“If at any time it appears to the Collector that any exempted land or portion thereof has ceased to satisfy any of the requirements of the provisions of sub-section (1) and has consequently ceased to be exempted land, the Collector may, after giving to the holder of such land an opportunity to be heard and satisfying himself that the land or any portion thereof has ceased to be exempted land, by order published in the prescribed manner, direct that with effect from such date as may be specified in the order such land or portion thereof shall cease to be exempted from the provisions of this Act and thereupon the certificate granted to the holder under sub-section (1C) shall stand revoked in respect of such land, or as the case may be, portion thereof.”;
(4) after sub-section (3), the following sub-sections shall be added, namely:-
“(4) No exempted land shall be transferred by way of sale, gift, exchange, mortgage, lease, assignment or otherwise, or partitioned, without the previous permission of the Collector:
Provided that the Collector may grant such permission on such conditions as may be prescribed.
(5) Any transfer or partition of exempted land in contravention of sub-section (4) shall be void.
(6) Notwithstanding anything contained in the Bombay Public Trusts Act, 1950 or in the instrument of trust relating to any institution referred to in clause (ddd) of sub-section (1), for the purpose of giving effect to the provisions of the said clause (ddd), it shall be lawful:-
(a) for the trustees of such institution to create and get registered a separate trust in respect of the lands utilized by such institution for maintenance of Panjrapole or Gaushala and for that purpose to make an application for the registration of such separate trust in accordance with the provisions of the said Act, to the Deputy or Assistant Charity Commissioner having jurisdiction under section 18 of the said Act, and
(b) for the Deputy or Assistant Charity Commissioner having jurisdiction to deal with such application in accordance with the provisions of the said Act, as if it were an application for registration of a new trust.”
Amendment of section 5 of Gujarat XXVII of 1961:-
6. In the principal Act, in section 5, to sub-section (1), the following proviso shall be added, namely:-
“Provided that in areas which in the opinion of the State Government are desert or hill areas or drought-prone areas and which are specified by the State Government from time to time, by notification in the Official Gazette, as such areas, the ceiling area with reference to dry crop land shall be such area as is twelve and a half percent more than the ceiling area as specified with reference to dry crop land against the class of local area in which the said areas fall, provided however that such ceiling area shall in no case exceed an area of 21.85 hectares hill area or a drought-prone area, regard, shall be had to the soil classification of the land, the climate and rainfall of the area, the extent of irrigation facilities in the area, the average yield of crop and the agricultural resources of the area, the general economic conditions prevalent therein and such other factors.”
Amendment of section 6 of Gujarat XXVII of 1961:-
7. In section 6 of the principal Act,-
(1) in sub-section (1), for the words, brackets and figures “sub-sections (2) and (3)” the words, brackets, figures and letters “sub-sections (2) (3) of (3A) and (3B)” shall be substituted;
(2) in sub-section (2),-
(a) for the words “not being a joint family, and “ the words and brackets “(not being a joint family) which consists of the individual and his spouse (or more than one spouse) and their minor sons and minor unmarried daughters, irrespective of whether the family also includes any major son, and” shall be substituted;
(b) after the words “the said members of the individual’s family” the words “excluding major sons, if any” shall be inserted;
(3) after sub-section (3), the following sub-sections shall be inserted, namely:-
“(3A) Where any person holds any land in any other part India out side the State, then, the area of land so held by him in such other part, not exceeding the maximum area of land which such person is entitled to hold in such other part of India under any law, if any, relating to ceiling on land, used or capable of being used for agricultural purposes, shall be excluded from the ceiling area in excess of which a person is not entitled to hold land under this section and the extend of land determined after so excluding such area shall, in relation to such person, be deemed to be the ceiling area, to be held by him in this State :
Provided that where any such person disposes of, at any time before the determination of ceiling area under this Act, any land or part thereof so held by him in any other part of India outside the State, in accordance with the provisions of law in force in such part, the area equal to the lad or part thereof so disposed of shall not be excluded while determining the ceiling area under this sub-section.
(3B) Where a family or a joint family consists or more than five members, comprising a person and other members belonging to all or any of the following categories, namely:-
(i) minor son,
(ii) widow of a pre-deceased son,
(iii) minor son or unmarried daughter of a pre-deceased son, where his or her mother is dead,
Such family shall be entitled to hold land in excess of the ceiling area to the extent of one-fifth of the ceiling area for each member in excess of five, so however that the total holding of the family does not exceed twice the ceiling area; and in such a case, in relation to the holding of such family, such area shall be deemed to be the ceiling area:
Provided that if any land is held separately also by any member of such family, the land so held separately by such member shall be grouped together with the land of such family for the purpose of determining the total holding of such family:
Provided further that where, in consequence of any member of such family holding any land in any other part of India outside the State, the ceiling area in relation to the family is reduced as provided in sub-section (3A), the one-fifth of the ceiling area as aforesaid shall be calculated with reference to the ceiling area as would have been applicable had no such land been held by such member in any other part of India.
(3C) Where a family or a joint family irrespective of the number of members includes a major son, then each major son shall be deemed to be a separate person for the purposes of sub-section (1).
(3D) For the purpose of sub-section (2), (3B) or (3C), the members comprised in a family or as the case may be, a joint family on the specified date shall alone be taken into consideration and any changes in the character or number of members of the family occurring thereafter shall be ignored.”;
(4) in sub-section (4), for the word “Land” the words “Land in this State” shall be substituted.
Amendment of section 7 of Gujarat XXVII of 1961:-
8. In section 7 of the principal Act, in sub-section (1), in clause (b) for the word “partition” the words “partition, family arrangement” shall be substituted.
Amendment of section 8 of Gujarat XXVII of 1961:-
9. In section 8 of the principal Act,-
(1) in sub-section (1)-
(a) after the words “but before the commencement of this Act” the words, figures and letters “or after 24th of January, 1971 but before the specified date” shall be inserted;
(b) after the words “the object of this Act” the words, figures and letters “where such transfer or partition was made after 15th day of January, 1959 but before the commencement of this Act or in order to defeat the object of the Amending Act of 1972 where such transfer was made after 24th day of January, 1971, but before the specified date” shall be inserted; and
(c) the following provisos shall be added at the end, namely:-
“Provided that where any transfer or partition of land is effected by a document required by law to be registered which is however not registered and such document purports to have been executed before 24th January, 1971, no court shall pass a decree in any suit filed for the grant of specific relief on the basis of any such document, unless the court is satisfied on merits of the case that the document is a bonafide document executed in fact before 24th January, 1971, and that it is not ante-dated as a result of collusion between parties or otherwise in order to defeat the object of the Amending Act of 1972:
Provided further that nothing in this sub-section shall apply to any transfer of land by way of gift or partition made on or after the 24th January, 1971 to a son was major on the said date.”;
(2) in sub-sections (2) and (3), for the words “this Act” the words and figures “this Act, or, as the case may be, of the Amending Act of 1972” shall be substituted.
Amendment of section 9 of Gujarat XXVII of 1961:-
10. In section 9 of the principal Act, the words, brackets and figures “under sub-section (2) of section 3” shall be deleted.
Insertion of new section 9A in Gujarat XXVII of 1961:-
11. After section 9 of the principal Act, the following new section shall be inserted, namely:-
Ceiling area where land converted into another class by Government irrigation:-
“9A. (i) Where in consequence of the conversion after the appointed day of any land into any class of land described in sub-clause (i) or (ii) of clause (6) of section 2, as a result of irrigation from a source constructed by Government, the land held by any person exceeds the ceiling area, or
(ii) where in consequence of the amendments made in any of the provisions of this Act by the Amending Act of 1972, the land held by any person on the specified date exceeds the ceiling area,
The land so in excess shall be deemed to be surplus land.”
Amendment of section 10 of Gujarat XXVII of 1961:-
12. In section 10 of the principal Act,-
(a) in sub-section (1), for the portion beginning with the words “Every person” and ending with the words “a true statement specifying”, the following shall be substituted, namely:-
“Every person-
(a) holding land (including exempted land, if any) in excess of the ceiling, area whether as owner or tenant or partly as owner and partly as tenant on the appointed day,
(b) who, on or after the appointed day, comes into possession of, or holds, any land (including exempted land, if any and land, if any, held in any other part of India outside this State) in excess of the ceiling area, whether as owner or tenant or partly as owner and partly as tenant, in the circumstances described in section 9.
(c) whose land is converted into another class of land, thereby causing his holding to exceed the ceiling area, in the circumstances described in clause (i) of section 9A,
(d) whose land becomes surplus under the circumstances described in clause (ii) of section 9A,-
Shall-
(i) in the case under clause (a), within a period of ninety days from the appointed day,
(ii) in the case under clause (b), within a period of ninety days from the date of his coming into possession of the land in excess of the ceiling area,
(iii) in the case under clause (c), within a period of ninety days from the date of such conversion (such date being a date notified, in the Official Gazette by the State Government in respect of any area),
(iv) in the case under clause (d), within a period of ninety days from the specified date,
Furnish to each of the Mamlatdars in whose jurisdiction any piece of such land is situate, a true statement specifying”;
(b) after sub-section (1), the following sub-section shall be inserted, namely:-
“(1A) Every such person who does not held any land in any part of India outside this State shall also furnish, with such statement, an affidavit that he does not hold any land in any such part.”
Amendment of section 11 of Gujarat XXVII of 1961:-
13. In section 11 of the principal Act,-
(1) after the word “statement” wherever it occurs the words “or affidavit” shall be inserted;
(2) for the words “then he shall be liable to a penalty not exceeding five hundred rupees” the words “then he shall be liable to a penalty which shall not be less than one hundred rupees and which may extend upto five hundred rupees” shall be substituted.
Amendment of section 13 of Gujarat XXVII of 1961:-
14. In section 13 of the principal Act, in sub-section (1),-
(a) after the words and figures “specified in section 10” the words, brackets and figures “or the further period referred to in sub-section (2) of section 16” shall be inserted ;
(b) for the words and figures “under section 10” the words “under either of those sections “ shall be substituted.
Amendment of section 15 of Gujarat XXVII of 1961:-
15. In section 15 of the principal Act,-
(1) the words “on the appointed day” and the words “on that day” shall be deleted ;
(2) in clause (c) of the proviso, after the words “of this Act” the words, figures and letters “or after 24th January, 1971 but before the specified date” shall be inserted.
Amendment of section 16 of Gujarat XXVII of 1961:-
16. In section 16 of the principal Act,-
(1) in sub-section (1), for the words “a statement” occurring at both the places the words “a statement or affidavit” shall be substituted;
(2) in sub-section (2), for the words, “it may pass such order as it thinks fit” the following shall be substituted, namely:-
“If the Tribunal is satisfied that the person has without reasonable cause failed to furnish the statement or affidavit within time, or has submitted a statement or an affidavit which is false or which contains incorrect particulars, the Tribunal may impose the penalty provided in section 11 and required him to furnish a true and correct statement or affidavit complete in all particulars, within a period of one month from the date of the order”;
(3) after sub-section (2), the following sub-section shall be inserted, namely:-
“(2A) If the person fails to comply with the order within the time so granted by the Tribunal, then as a penalty for failure to furnish a statement or affidavit, or true and correct particulars complete in all respects, the right, title and interest in the land held by him I excess of the ceiling area shall, subject to the provisions of this Chapter, be forfeited to the State Government, and thereupon such surplus land shall vest in the State Government free from all encumbrances.”
Amendment of section 20 of Gujarat XXVII of 1961:-
17. In section 20 of the principal Act, -
(a) in sub-section (2), in clause (a), the words “on the appointed day” shall be deleted ;
(b) after sub-section (3), the following sub-section shall be added, namely:-
“(4) For the purpose of the selection of land under sub-section (2), in a case where land is held by each spouse separately, each spouse shall be entitled to select the land which the spouse wishes to continue to hold, so however that the lands selected for such continuance shall be in the same proportion in which lands were held by each spouse before furnishing the relevant statement under sub-section (1) of section 10.”
Amendment of section 21 of Gujarat XXVII of 1961:-
18. In sub-section (1) of section 21 of the principal Act,-
(i) after the words “further enquiry if any” the brackets and words “(including giving the holder of surplus land an opportunity of being heard)” shall be inserted;
(ii) in clause (i) the words “on the appointed day” shall be deleted.
Amendment of section 22 of Gujarat XXVII of 1961:-
19. In section 22 of the principal Act, in sub-section (2), for the words, brackets, letter and figures “the vale of permanent structures and wells, if any, under clause (b) of section 23” the words, brackets, letter and figures “the depreciated value of permanent structures and wells, if any, under clause (c) of sub-section (1) of section 23” shall be substituted.”
Amendment of section 23 of Gujarat XXVII of 1961:-
20. Section 23 of the principal Act shall be renumbered as sub-section (1) of that section and
(1) in sub-section (1) as so renumbered, for the words “The amount of compensation for the land” the words, brackets and figures “Subject to the provisions of sub-section (2) and (3), the amount of compensation for the land” shall be substituted;
(2) clause (1) of sub-section (1) as so renumbered shall be renumbered as clause (A) of that sub-section and in clause (A) as so renumbered,-
(a) after sub-clause (a), the following proviso shall be inserted, namely:-
“Provided that in the case of any such land which is held on lease for a period of less than twenty years from the appointed day,
(i) where the unexpired period of lease does not exceed five years an amount equal to six times the full assessment thereof,
(ii) where the unexpired period of lease exceeds five years but does not exceed ten years, an amount equal to nine times the full assessment thereof,
(iii) where the unexpired period of lease exceeds ten years, an amount equal to ten times the full assessment there;”
(b) for sub-clause (c), the following sub-clauses shall be substituted, namely:-
“(c) where the land to which sub-clause (b), applies has not been cultivated for a continuous period of three yeas immediately preceding the specified date, an amount equal to twenty-five per cent of the amount arrived at in respect thereof under sub-clause (b) ;
(d) where the land to which sub-clause (b) applies is impartible and non-transferable, an amount equal to two-thirds of the amount arrived at in respect thereof under sub-clause (b).”;
(3) for clause (2) of sub-section (1) as so renumbered, the following clauses and Explanation shall be substituted, namely:-
“(B) an amount equal to the market value of trees in the land belonging to the holder of the land ;
(C) an amount equal to the depreciated value of permanent structures and wells if any, in the land belonging to the holder of the land and of the pipelines places on the land by the holder of the land, calculated as follows :-
(i) where such depreciated value does not exceed Rs. 25,000, an amount equal to the full depreciated value ;
(ii) where such depreciated value exceeds Rs. 25,000-
(a) for the first Rs. 25,000, an amount equal to the full depreciated value ;
(b) for the next Rs. 25,000 or part thereof, an amount equal to 80 per cent of such amount ;
(c) for the next Rs. 50,000 or part thereof, an amount equal to 70 per cent of such amount ; and
(d) for the next Rs. 1,00,000 or part thereof, an amount equal to 60 per cent of such amount.
Explanation:-In this section,-
(1) “full assessment” means , in a case where any land-
(a) is wholly or partially exempt from payment of land revenue, a sum which would have been assessed on such land, had there been no such exemption,
(b) is liable to payment of land revenue but is unassessed, a sum which would have been assessed on such land as land revenue,
(2) “depreciated value” means the value equal to the cost of the structures, wells or pipe-lines, as the case may be, and the cost of their construction or placing as reduced by an amount representing their depreciation calculated in the following manner, namely:-
Amount representing the depreciation.
(1) For the first two years after construction Nil
(2) For the next 8 years 2 ½ % of the value every year.
(3) For the next 20 years 4% of the value every year.”;
(4) after sub-section (1) as so renumbered, the following sub-sections shall be added, namely:-
“(2) The amount to be calculated under clause (A) of sub-section (1) shall be subject to the maximum amount calculated at the rate of Rs. 2000 per acre (0.405 hectares).
(3) While determining the aggregate amount of compensation for the land under sub-section (1) the amount calculated under clause (A) of sub-section (1) read with sub-section (2) shall be reduced to the extent, if any, specified below:-
Amount
|
Extent of reduction
|
Where the amount does not exceed Rs, 20.000
|
Nil
|
Where the amount exceeds Rs 20,000
(1) for the first Rs. 25,000
(2) for the next Rs. 20,000 or part thereof
(3) for the next Rs. 20,000 or part thereof
(4) for any amount next in excess of Rs. 60,000
|
Nil
An amount equal to 10% of such amount
An amount equal to 20% of such amount
An amount equal to 25% of such amount.”
|
Amendment of section 24 of Gujarat XXVII of 1961:-
21. In section 24 of the principal Act, in sub-section (5), for clause (b) the following shall be substituted, namely:_
“(b) If the total amount of such encumbrances exceeds the compensation payable in respect of the land, the amount of compensation shall be distributed pro-rate first amongst the following holders of encumbrances irrespective of the dates on which such encumbrances were created, namely:-
(i) co-operative societies registered or deemed to have been registered under the Gujarat Co-operative Societies Act, 1961;
(ii) land development banks ;
(iii) the State Bank of India constituted under the State Bank of India Act, 1955 or a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;
(iv) banks specified in columns 2 of the First Scheduled to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970.
If after distribution of the amount of compensation to the aforesaid holders of encumbrances there remains any surplus, the same shall be distributed pro-rate amongst other holders of encumbrances.”
Amendment of section 26 of Gujarat XXVII of 1961:-
22. In section 26 of the principal Act,-
(1) in sub-section (1), after the words “under that section” the words, figures and letter “or under section 9A” shall be inserted;
(2) in sub-section (2), for the portion beginning with the words and figures, “whether the land is excess land under section 9” and ending with the words “and shall make a declaration accordingly”, the following shall be substituted, namely:-
“whether the land is excess land under section 9 or, as the case may be, under section 9A, and if so,-
(i) in the case of land under section 9, whether the acquisition of excess land is invalid, or whether the excess land is liable to be deemed as surplus land,
(ii) in the case of land under section 9A, whether the excess land is liable to be deemed as surplus land,
And the Tribunal shall thereupon make a declaration accordingly”.
Amendment of section 29 of Gujarat XXVII of 1961:-
23. In section 29 of the principal Act,-
(1) in sub-section (1),-
(a) clause (i) shall be deleted;
(b) for clause (iii) the following clauses shall be substituted, namely:-
“(iii) agricultural laborers and landless persons;
(iv) small holders”:
(2) in sub-section (1A), in clause (b), for the word, brackets and figures “Clause (iii)” the words, brackets and figures “clauses (iii) and (iv)” shall be substituted.
Insertion of new sections 29A and 29B in Gujarat of 1961:-
24. After section 29 of the principal Act, the following new sections shall be inserted, namely:-
Special provision in respect efficiently managed compact blocks of land and orchards to ensure efficient cultivation and continuity of production:-
“29A. Where in respect of any orchards, or in respect of any compact blocks of land which have been so efficiently managed that the breaking of the block is likely to lead to a fall in production, and which vest, after the specified date, it he State Government, under section 21 or 26, the State Government is of the opinion that is necessary in the interest of maintenance of efficient cultivation and avoidance of any loss of production of agricultural produce to maintain the integrity of such orchards, or as the case may be, of such compact blocks of land and for that purpose to allot such orchards or blocks otherwise than in accordance with the provisions of sub-section (1) of section 29, the State Government may allot such orchards, or as the case may be, such blocks of land in accordance with the rules made in that behalf under this Act, on payment of occupancy price, if any, as may be provided therefor in such rules, in the following order of priority, namely:-
(a) to a co-operative farming society having not less than sixty per cent of its members, belonging to a Scheduled Tribe or a Scheduled Caste or both;
(b) to any other co-operative farming society;
(c) to a corporation (including a company) owned or controlled by the State Government :
Provided that if the State Government considers that the allotment of an orchard or compact block of land in any case is likely to take time and that with a view to preventing it from remaining uncultivated, it is necessary to take such a step, it may allot to a Department of the State Government for cultivation for such period as may be specified in the order of such allotment :
Provided further that the State Government, while allotting the land to a co-operative farming society or a corporation, shall impose any such conditions as to the production of improved seeds, trial of new varieties of crops of fruits, maintenance of high standards of agriculture, wages of working workers on the land, subject to any law pertaining to payment of wages, adoption of improved methods of agriculture and sale of marketable surplus of agricultural produce to Government, as it may thinks fit.
Application of Code to surplus land:-
29B. Any surplus land vesting in the State Government under section 21 and allotted under this Chapter to any person other than a Department of the State Government shall be subject, on such allotment, to the provisions of the Code.”
Amendment of section 30 of Gujarat XXVII of 1961:-
25. In sub-section (2) of section 30 of the principal Act,-
(i) after the words “in favour of a co-operative society”, the words, figures and brackets “or in favour of a land development bank or the State Bank India constituted under the State Bank of India Act, 1955 or a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959, or a bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970” shall be inserted ;
(ii) after the words “by such co-operative society”, the words “or by any such bank” shall be inserted;
(iii) for the words “State Government or the co-operative society, as the case may be” occurring at two places the words “State Government, the co-operative society, or as the case may be, the bank” shall be substituted.
Amendment of section 39 of Gujarat XXVII of 1961:-
26. In section 39 of the principal Act, for the words “Every appeal” the words “Save as otherwise provided in this Act, every appeal” shall be substituted.
Insertion of new section 42-A in Gujarat XXVII of 1961:-
27. After section 42 of the principal Act, the following new section shall be inserted, namely:-
Revenue Officer to be necessary party to all proceedings:-
“42A. Notwithstanding anything contained in any law for the time being in force, in all inquires and proceedings relating to any land before any officer or authority under this Act, such revenue officer having jurisdiction in the area in which such land is situated, as may be authorized in this behalf the State Government by an order published in the Official Gazette, shall be a necessary party.”
Amendment of section 53 of Gujarat XXVII of 1961:-
28. In section 53 of the principal Act, in sub-section (2), for clause (i), the following shall be substituted, namely:-
“(i) the extend of land to be prescribed under clause (d) of sub-section (1) of section 3;”
Substitution of new Schedule –I in Gujarat XXVII of 1961:-
29. For Schedule I to the principal Act, the following Schedule shall be substituted, namely:-
SCHEDULE –I
(See sections 4 and 5)
Ceiling area in Hectares and its approximate equivalent in Acres
|
Perennially irrigated land
|
Class of ceal Area
|
(i) Irrigated by sources other than private sources.
Hectares
Approximate equivalent in acres
(ii) Irrigated by private source
Hectares
Approximate equivalent in acres
(iii) Seasonally irrigated land
Hectares
Approximate equivalent in acres
(iv) superior dry crop land
Hectares
Approximate equivalent in acres
(v) Dry crop land
Hectares
Approximate equivalent in acres
|
1
|
2
|
3
|
4
|
5
|
6
|
A
|
4.05 10
|
5.06 12.50
|
6.07 15
|
8.09 20
|
12.14 30
|
B
|
4.45 11
|
5,56 13.75
|
6.47 16
|
8.09 22
|
13.35 33
|
C
|
4.86 12
|
6.07 15
|
7.28 18
|
9.71 24
|
14.57 36
|
D
|
5.26 13
|
6.53 16.25
|
7.69 19
|
10.52 26
|
15.78 39
|
E
|
5.67 14
|
7.03 17.50
|
8.50 21
|
11.33 28
|
17.00 42
|
F
|
6.07 15
|
7.28 18
|
8.90 22
|
12.14 30
|
18.21 45
|
G
|
6.47 16
|
7.28 18
|
9.71 24
|
12.95 32
|
19.42 48
|
H
|
6.88 17
|
7.28 18
|
10.12 25
|
13.76 34
|
20.64 51
|
I
|
7.28 18
|
7.28 18
|
10.93 27
|
14.57 36
|
21.85 54
|
Note:- In this Schedule, “Irrigated by private source” means irrigated from a tube-well or lift irrigation from perennial water source operated by diesel or electric power.”
Amendment of Schedule III to Gujarat XXVII of 1961:-
30. In Schedule III to the principal Act, in column 4 against the entry relating to the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay LXVII of 1948), entries 1, 2, 3 and 4 shall be renumbered as entries 2, 3, 4 and 5 respectively and before the entries as so renumbered, the following shall be inserted as entry No. 1, namely:-
1. In section 5, after sub-section (2), the following sub-section shall be inserted, namely :-
“(3) Where in any case the ceiling area as determined under the provisions of the Gujarat Agricultural Lands Ceiling Act, 1960 as in force for the time being is less than the ceiling area specified in this section, then, notwithstanding anything contained in this section, the ceiling area of land as determined under the said Act shall be the ceiling area for the purposes of this Act.”
Effect of Act on pending proceedings :-
31. Any officer, tribunal or authority before whom any proceeding under the principal Act, in relation to the determination of the ceiling area in respect of any holdings and the surplus land in such holdings is pending immediately before the commencement of this Act, shall, on such commencement, after giving due notice and hearing to all the parties concerned, take such action as any be necessary to bring such proceeding in conformity with the provisions of the principal Act as amended by this Act, and shall thereafter continue and dispose of the same in accordance with the provisions of the principal Act as amended by this Act. |
