Short title:-
1. This Act may be called the Gujarat Agricultural Lands Ceiling (Amendment) Act, 1976.
Amendment of section 2:-
2. In section 2 of the Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as the principal Act), in clause (6),-
(1) in Explanation II, for the words, brackets and figures “a Canal-Officer as defined in clause (6) of section 3 of the Bombay Irrigation Act, 1879”, the words “a competent officer” shall be substituted:
(2) after Explanation II, as so amended, the following Explanation shall be inserted, namely:-
Explanation III:- For the purposes of Explanation II, “competent officer” means-
(a) in relation to any land or source of water which is situated within the jurisdiction of a Canal-Officer as defined in clause (6) of section 3 of the Bombay Irrigation Act, 1879, such Canal-Officer; and
(b) in relation to any other land or source of water, such officer as the State Government may “by notification in the Official Gazette, designate in this behalf;”
Amendment of section 29B:-
3. In section 29B, of the principal Act, after the word and figures “section 21” the words and figures “or section 26” shall be inserted.
Amendment of section 53:-
4. In section 53 of the principal Act, in sub-section (2), after clause (xii), the following clause shall be inserted, namely:-
“(xii-a) the allotment or orchards or blocks of land and the occupancy price, if any, to be provided therefor, under section 29A”;.
REASONS FOR THE ENACTMENT
Under the Gujarat Agricultural Lands Ceiling Act, 1960, the levels of ceiling applicable to a family of five members for perennially irrigated land and seasonality irrigated land have been fixed at 10-18 acres and 27 acres respectively. Explanation II to clause (6) of section 2 of the said Act provides that the authority to certify whether a piece of land is perennially or seasonally irrigated and whether a source of water is perennial or not is vested in the Canal-Officer. A Canal-Officer is define din clause (6) of section 3 of the Bombay Irrigation Act, 1879, and his jurisdiction is restricted to the command areas of the irrigation projects only. Since the classification of alnd in terms of its irrigation facility has to be done throughout the State for the purpose of the implementation of the land ceiling law, it is considered necessary to authority Canal-Officers within their respective jurisdictions and other designated officers in respect of other areas to perform this function. Opportunity is being availed of to make a few amendments of a purely consequential nature in the Act. This measure seeks to achieve the aforesaid objects.
2. This Consultative Committee constituted under the proviso to sub-section (2) of section 3 of the Gujarat State Legislature (Delegation of Powers) Act, 1976 (44 of 1976), has been consulted before the enactment of this measure as a President’s Act. |
