The Gujarat Agricultural Land Ceiling Act-1960

1. (1) This Act may be called the Gujarat Agricultural Lands Ceiling Act, 1960.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context requires otherwise—

1. (1) "agriculture" includes horticulture, the raising of crops, grass or garden produce, the use by an agriculturist of the land held by him or part thereof for grazing but does not include,—
   • (i) the use of any land, whether or not an appanage to rice or paddy land, for the purpose of rab-manure;
   • (ii) the cutting of wood only;
   • (iii) dairy farming;
   • (iv) poultry farming;
   • (v) breeding of live-stock; and
   • (vi) such other pursuits as may be prescribed;
2. (31) words and expressions used in this Act but not defined shall have the meanings assigned to them in the relevant Code.

1. (1) The following lands shall be exempted from the provisions of this Act, that is to say—
   • (a) lands belonging to, or held on lease, by Government or land held on lease from Government for a period not exceeding twenty years;
   • (b) lands belonging to, or held on lease from or by, a local authority or a University established by law in the State of Gujarat;
   • (c) lands situated in any area which has been specified as being reserved for non-agricultural or industrial development under the relevant tenancy law;
   • (d) lands which are the property of a public trust for an educational purpose, hospital, Panjrapole, Gaushala, or an institution for public religious worship, provided that the entire income of such lands is appropriated for the purpose of such trust; Explanation.—For the purpose of clause
   • (d) a certificate granted by the Collector after holding an inquiry, that the conditions mentioned in the said clause are satisfied by a public trust shall be conclusive evidence in that behalf;
   • (e) lands assigned or donated by any person before the commencement of this Act for the purpose of rendering any of the following services useful to the community, namely— maintenance of water works, lighting or filling of water troughs for cattle;
   • (f) lands leased to or held by an industrial undertaking which in the opinion of the State Government bona fide carries on any industrial operation and which is approved by the State Government;
   • (g) lands leased to or held by any bodies or persons other than those mentioned in clause
   • (f) for the growing of fruit trees and used for that purpose for a period of not less than three years immediately preceding the appointed day;
   • (h) lands held or leased by the Land Mortgage Banks;
     • (i) lands held or leased by such co-operative societies as are approved in the prescribed manner by the State Government and as have for their objects the improvement of the economic and social conditions of peasants or ensuring the full and efficient use of land for agriculture;
   • (j) lands held by a Bhoodan Samiti recognised by the State Government in this behalf;
   • (k) compact blocks of lands held by a person whose principal source of income is from the lands held by him in the compact block,—
     • (i) where heavy investment or permanent structural improvements have been made, and
     • (ii) certified by the Collector as so efficiently managed that the breaking of the block is likely to lead to a fall in production, and
     • (iii) approved by the State Government as an efficiently managed compact block: Provided that in giving its approval the State Government may impose such conditions as to the production of improved seeds, trial of new varieties of crops, maintenance of high standards of agriculture, wages of workers working on the land, subject to any law pertaining to minimum wages and adoption of improved methods of agriculture and sale of marketable surplus of agricultural produce to Government.
2. (2) An exempted land shall cease to be exempted land if it ceases to satisfy the requirements of the provisions of sub-section
3. (1) applicable thereto.

There shall be classes of local areas in the State as specified in Schedule I and the local areas falling in each such class shall be as respectively specified in Schedule II.

1. (1) Subject to the provisions of sub-sections
2. (2) and (3), in relation to each class of local area as specified in Schedule I, the ceiling area with reference to each class of land shall be as specified in the said Schedule against the respective class of local area.
3. (2) Where a person holds land consisting of different classes in the same class of local area, then for determining the question whether the total land held by him is less than, equal to, or more than, the ceiling area, the acreage of each class of land held by such person shall be converted into the acreage of dry crop land on the basis of the proportion which the ceiling area for the class of land to be so converted bears to the ceiling area for dry crop land.
4. (3) Where a person holds land, whether consisting of different classes of land or not, in different classes of local areas, the question whether the total land held by him is less than, equal to, or more than, the ceiling area, shall be determined as follows, that is to say—
   • (i) the acreage of each class of land held by the person in each class of local area shall be first converted into the acreage of dry crop land in that local area in accordance with sub-section
5. (2) and the total acreage so arrived at shall be expressed in terms of a multiple or as the case may be, a fraction of such ceiling area:
   • (ii) the multiple or fraction so expressed in the case of each of the local areas shall be added together;
   • (iii) the person shall be deemed to hold land less than, equal to, or more than, the ceiling area according as the sum total of the multiples and fractions under clause
   • (ii) is less than, equal to, or more than, one.

1. (1) Notwithstanding anything contained in any law for the time being in force or in any agreement, usage or decree or order of a Court, with effect from the appointed day no person shall, subject to the provisions of sub-sections
2. (2) and
3. (3) be entitled to hold whether as owner or tenant or partly as owner and partly as tenant land in excess of the ceiling area.
4. (2) Where an individual, who holds land, is a member of a family, not being a joint family, and land is also separately held by such individual's spouse or minor children, then the land held by the individual and the said members of the individual's family shall be grouped together for the purposes of this Act and the provisions of this Act shall apply to the total land so grouped together as if such land had been held by one person.
5. (3) Where on the appointed day a person holds exempted land along with other land then,
   • (i) if the area of exempted land is equal to or more than the ceiling area he shall not be entitled to hold other land; and
   • (ii) if the area of exempted land is less than the ceiling area, he shall not be entitled to hold other land in excess of the area by which the exempted land is less than the ceiling area.
6. (4) Land which under the foregoing provisions of this section a person is not entitled to hold shall be deemed to be surplus land held by such person.

1. (1) Notwithstanding anything contained in any law for the time being in force, no land shall, after the appointed day, be—
   • (a) transferred whether by way of sale (including sale in execution of a decree of a Civil Court or of an award or order of any other competent authority) or by way of gift, exchange, lease or otherwise, or
   • (b) sub-divided (including sub-division by a decree or order of a Civil Court or any other competent authority) whether by partition or otherwise, except with the permission in writing of the Collector.
2. (2) The Collector may refuse to give such permission if in his opinion the transfer or sub-division of land is likely to defeat the object of this Act.
3. (3) In computing under the provisions of this Act, the area of surplus land, if any, held by a person, the transfer or sub-division of land made by or on behalf of, such person in contravention of sub-section
4. (1) shall be ignored.
5. (4) Nothing in the foregoing provisions of this section shall apply to a person who holds land not exceeding the ceiling area.

1. (1) Where after 15th day of January 1959 but before the commencement of this Act, any person has transferred whether by sale, gift, mortgage with possession, exchange, lease, surrender or otherwise or partitioned any land held by him, then notwithstanding anything contained in any law for the time being in force such transfer or partition shall, unless it is proved to the contrary, be deemed to have been made in anticipation in order to defeat the object of this Act.
2. (2) Any person affected by the provisions of sub-section
3. (1) may, within the prescribed period and in the prescribed form, make an application to the Collector for a declaration that the transfer or partition was not made in anticipation in order to defeat the object of this Act.
4. (3) On receipt of such application, the Collector shall hold an inquiry and after giving an opportunity to the transferor and the transferee or, as the case may be, to the parties to the partition, to be heard and after considering the evidence which may be produced, decide whether the transfer or, as the case may be, the partition was or was not made in anticipation in order to defeat the object of this Act and accordingly may—
   • (i) reject the application, or
   • (ii) by order in writing make a declaration that the transfer or, as the case may be, the partition was not made in anticipation in order to defeat the object of this Act.
5. (4) Where the application is rejected, the transfer or, as the case may be, the partition shall be ignored in computing under this Act the area of surplus land, if any, held by such person.

Where after the appointed day, on account of gift, purchase, assignment, lease, surrender or any other kind of transfer inter vivos or by succession or partition, any land comes into the possession of any person or any land held by any person ceases to be exempted land under sub-section

1. (2) of section 3 and in consequence thereof the total land held by such person exceeds the area which he is entitled to hold under section 6, then—
   • (i) if the acquisition of such excess land was otherwise than by succession or partition it shall be invalid and the excess land shall be forfeited to the State Government, and
   • (ii) if the acquisition was by succession or partition or the excess was due to the land ceasing to be exempted land the excess land shall be deemed to be surplus land held by such person.

1. (1) Every person 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 or after the appointed day shall, in respect of all the lands including exempted land, if any, held by him, furnish within a period of ninety days from the appointed day to each of the Mamlatdars in whose jurisdiction any piece of such land is situate, a true statement specifying—
2. (1) particulars of all lands including their survey numbers and areas;
3. (2) particulars of all exempted lands, if any, including their survey numbers and areas;
4. (3) particulars of all lands held as owner;
5. (4) particulars of all lands held as tenant;
6. (5) particulars of all the encumbrances, if any, over the lands together with the names and addresses of the creditors;
7. (6) particulars of lands held as a member of a joint family along with their survey numbers and area; and
8. (7) such other particulars, if any, as may be prescribed.
9. (2) The Mamlatdar shall forward to the Tribunal the statements received by him under sub-section (1).

If a person liable to furnish a statement under section 10 fails, without reasonable cause, to furnish the statement or furnishes a statement containing incorrect particulars, with an intention to suppress the information about surplus land held by him, then he shall be liable to a penalty not exceeding five hundred rupees.

All surplus lands shall be deemed to be needed for a public purpose and may be acquired by the State Government in accordance with the provisions of this Act.

1. (1) As soon as may be after the expiry of the period specified in section 10, the Tribunal shall, on the basis of the statements received under section 10 and such other records as may be prescribed proceed to prepare a list of persons holding surplus land.
2. (2) The Tribunal shall specify in such list—
   • (a) the total land held by each person,
   • (b) the maximum area of land which such person is entitled to hold,
   • (c) the extent of land to be deemed to be surplus land held by such person, and
   • (d) such other particulars as may be prescribed.

1. (1) If in the course of preparing a list under section 13 or at any time thereafter, the Tribunal finds in respect of any person that in addition to the land held by him within the area of its jurisdiction he holds other land outside such area, the Tribunal shall refer the case in the prescribed manner,—
   • (i) to the Collector, if the other land is situate in the same district,
   • (ii) to the Commissioner if the other land is situate in another district but in the same division, and
   • (iii) to the State Government, if the other land is situate in another division.
2. (2) On receipt of the reference, the Collector, the Commissioner, or, as the case may be, the State Government shall—
   • (a) call for from each of the Tribunals within whose jurisdiction land is held by such person the details about the land so held, and
   • (b) after taking into consideration the extent of land held by the person within the jurisdiction of different Tribunals, designate one of such Tribunals to exercise jurisdiction under this Act in respect of such person and the lands held by him and transfer the case to the Tribunal so designated, and
   • (c) give intimation of the transfer to the Tribunal, to the person whose case has been so transferred and to other persons interested in the land.
3. (3) On such transfer, the Tribunal designated under sub-section
4. (2) shall exercise jurisdiction under this Act in respect of such person and the lands held by him.

The extent of surplus land, if any, held by any person on the appointed day shall be computed on the basis of the total land held by such person on that day: Provided that the total land so held shall include—

1. (a) where such person holds in addition to the land held by him individually as owner or tenant, a share in the land held by a joint family, an area of land equivalent to his share in the land which such joint family is entitled to hold under section 6,
2. (b) land, if any, transferred or sub-divided by or on behalf of such person in contravention of section 7, and
3. (c) land, if any, transferred or partitioned by such person after the 15th day of January 1959 but before the commencement of this Act and in respect of which no application for a declaration under section 8 was made or any application made under section 8 has been rejected.

1. (1) If in preparing a list under section 13, the Tribunal has reason to believe that any person, holding land in excess of ceiling area, has failed to furnish a statement under section 10 or has furnished a statement containing incorrect particulars, the Tribunal shall serve a notice on such person to show cause why a penalty should not be imposed on him under section 11.
2. (2) After serving such notice, the Tribunal shall hold an inquiry and after giving such person an opportunity to be heard, it may pass such order as it thinks fit.
3. (3) Any sum imposed by way of penalty under this section, if not paid before such date as the Tribunal may direct, shall be recovered as an arrear of land revenue.

Where the extent of surplus land is specified in the case of any person, and his total land includes the land referred to in clause

1. (b) or
2. (c) of the proviso to section 15, the surplus land shall be allocated on the following basis, that is to say —
   • (i) if the total land excluding the land referred to in the said clauses is more than or equal to the extent of surplus land specified in his case, then the surplus land shall come out of such total land, and
   • (ii) if such total land is less than the extent of such surplus land, then the surplus land shall first come out of the whole of such total land; the remainder shall come out of the land referred to in clause
3. (b) of the proviso to section 15; and the remainder, if any, shall lastly come out of the land referred to in clause
4. (c) of the proviso to section 15.

1. (1) Where in determining the actual area of surplus land, a survey number or a sub-division of a survey number is required to be divided then—
   • (a) if the portion of such survey number or sub-division to be included in the surplus land is a fragment, the whole of such survey number or sub-division shall be excluded from the surplus land,
   • (b) if the portion of such survey number or sub-division to be excluded from the surplus land is a fragment the whole of such survey number or sub-division shall be included in the surplus land,
   • (c) if on dividing such survey number or sub-division into two parts, each part is a fragment, the whole of such survey number or sub-division shall be included in the surplus land, and
   • (d) in any other case, the survey number or sub-division may be divided.
2. (2) Where any survey number or sub-division of a survey number is excluded under clause
   • (a) of sub-section (1), the person holding it shall be entitled to hold it, notwithstanding the provisions of section 6.

1. (1) Where any person holds the whole or part of the surplus land as tenant, then the landlord of such land shall, subject to the provisions of sub-section (2), be entitled to the restoration of the possession of such land.
2. (2) If the right of the landlord under the relevant tenancy law to terminate the tenancy of such land on the ground that he bona fide requires the land for cultivating personally subsisted on the date of the declaration of such land as surplus land under section 21, then the landlord shall be entitled to the restoration of possession of so much of such land as he would have been entitled to in accordance with the provisions of the relevant tenancy law had the tenancy been terminated on the aforesaid ground.
3. (3) The tenancy of land restored to the landlord under this section shall stand terminated.
4. (4) On the restoration of any land to the landlord, the landlord shall hold the land subject to the provisions of the relevant tenancy law in respect of a fresh tenant.

1. (1) As soon as may be after the list is prepared under section 13, the Tribunal shall publish it in the prescribed manner together with a public notice in the prescribed form calling upon all persons affected thereby to submit to the Tribunal their objections or suggestions, if any, within a period of one month from the date of its publication.
2. (2) As soon as may be after the publication of the list under sub-section (1), the Tribunal shall also serve a notice in the prescribed form on each holder of surplus land included in the list —
   • (a) specifying therein the extent of surplus land held by him and the maximum area of land which he is entitled to hold out of the total land held by him on the appointed day, and
   • (b) calling upon such person—
     • (i) to submit within one month from the date of the service of the notice to the Tribunal any objections or suggestions to the particulars given in the notice,
     • (ii) to select upto such maximum area and subject to the order of preference mentioned in sub-section (3), the piece or pieces of land which he wishes to continue to hold, and
     • (iii) to furnish to the Tribunal within the said period of one month the particulars in the prescribed form of the piece or pieces of land so selected.
3. (3) For the purposes of the selection of land under sub-section (2), the order of preference shall be as follows, namely :—
   • (a) land held as owner on which there are encumbrances ;
   • (b) land held as owner on which there are permanent structures or wells ;
   • (c) land held as owner other than those mentioned in clauses
   • (a) and
   • (b) which are contiguous to the land mentioned in clause
   • (a) or
   • (b) ;
   • (d) lands held as tenant on which there are encumbrances ;
   • (e) lands held as tenant on which permanent structures or wells have been constructed by the tenant ;
   • (f) lands held as tenant other than those mentioned in clauses
   • (d) and
   • (e) which are contiguous to the lands mentioned in clauses
   • (a) or (b), or clause
   • (d) or
   • (e) ;
   • (g) lands held as owner or tenant other than those mentioned in clauses
   • (a) to (f).

1. (1) After taking into consideration the objections and suggestions, if any, received and the particulars if any, furnished under section 20, and making such further inquiry, if any, as it thinks fit, the Tribunal shall make in respect of each holder of surplus land an order declaring in particular—
   • (i) the total land held by him on the appointed day,
   • (ii) which land out of the total land is surplus land, and
   • (iii) which land out of the total land he is entitled to hold, and shall communicate the order so made to such holder.
2. (2) An order made under sub-section
3. (1) shall be conclusive evidence that the surplus land specified therein is needed for a public purpose and such surplus land shall, subject to the provisions of section 19 and of Chapter VI, vest in the State Government free from all encumbrances with effect from the date of the order.

1. (1) As soon as may be after an order is made under section 21, the Tribunal shall cause public notice to be given at the village where the surplus land specified in the order is situate, stating that —
   • (a) claims for possession of such surplus land or any part thereof under section 19, and
   • (b) claims to compensation for all interests in such land, may be made to it.
2. (2) Such notice shall require the landlord claiming possession under section 19 and in any other case, the owner, tenant, landlord and other persons interested in the land including the holders of encumbrances lawfully subsisting on the land to appear personally or by agent before the Tribunal at a time and place therein mentioned (such time not being earlier than fifteen days after the said date) and to state the nature of their respective interests in the land, the value of permanent structures and wells, if any, under clause
   • (b) of section 23 and particulars of their claims to possession of land or, as the case may be, to compensation for such interest. Every such statement shall be made in writing and signed by the person interested or his agent.
3. (3) The Tribunal may also by a notice require the person holding the surplus land to make and deliver to it at a time and place mentioned in the notice a statement containing as far as practicable the name of the landlord entitled to possession of the land under section 19 and of every other person possessing any interest in the land or any part thereof as co-sharer, mortgagee, landlord or otherwise and of the nature of such interest.
4. (4) Every person required to make or deliver a statement under sub-section
5. (3) shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.

The amount of compensation for the land vesting in the State Government under section 21 shall be the aggregate of the following amounts, that is to say :—

1. (1) an amount calculated in accordance with such of the following sub-clauses as may be applicable to the land, namely :—
   • (a) if the land is held on lease from Government, an amount equal to twelve times the full assessment thereof ;
   • (b) in any other case, if the land is situate—
     • (i) in a class A local area, two hundred times the full assessment thereof ;
     • (ii) in a class B local area, one hundred and eighty five times the full assessment thereof ;
     • (iii) in a class C local area, one hundred and seventy times the full assessment thereof ;
     • (iv) in a class D local area, one hundred and fifty five times the full assessment thereof ;
     • (v) in a class E local area, one hundred and forty times the full assessment thereof ;
     • (vi) in a class F local area, one hundred and twenty five times the full assessment thereof ;
     • (vii) in a class G local area, one hundred and ten times the full assessment thereof ;
     • (viii) in a class H local area, ninety five times the full assessment thereof ;
     • (ix) in a class I local area, eighty times the full assessment thereof ;
   • (c) Where the land to which sub-clause
   • (b) applies is irrigated land and subject to the levy of betterment charges under any law in force in that behalf then the amount arrived at in respect thereof under clause
   • (b) shall be multiplied—
     • (i) by three, if the land is perennially irrigated, or
     • (ii) by one and half, if the land is seasonally irrigated, and from the amount arrived at under item
     • (i) or, as the case may be, item (ii), there shall be deducted the amount of betterment charges to the extent to which it has remained to be recovered from the holder on the date on which the amount of compensation is calculated under this section: Provided that if the amount calculated under this clause is less than the amount arrived at under clause
   • (b) in respect of the land, it shall be raised upto the amount arrived at under clause
   • (b) : Provided further that the amount of compensation under sub-clause
   • (c) shall not exceed the market value of the land.
2. (2) an amount equal to the market value of trees permanent structures and wells, if any, in the land belonging to the holder of the land and of pipe lines placed on the land by the holder of the land.

1. (1) On the day fixed under section 22 or on any other day to which the inquiry may be adjourned the Tribunal shall proceed to inquire into the claims, if any, for possession of land under section 19, and the amount of compensation for the land in accordance with section 23, the respective interests of the persons claiming the compensation, and the amount of each encumbrance lawfully subsisting on the land on the date of the order made under section 21.
2. (2) As respects any claim made by a landlord for possession of surplus land under section 19, the Tribunal —
   • (i) shall decide whether such landlord is entitled under section 19 to the possession of the whole or part of the surplus land and if so, the extent of such land, and
   • (ii) where the landlord is so entitled, shall make an order directing the restoration of possession of such land to the landlord.
3. (3) As respects claims for compensation the Tribunal shall make an award determining—
   • (i) the amount of compensation payable in accordance with the provisions of section 23,
   • (ii) the apportionment of the said compensation, subject to the provisions of sub-sections
4. (4) and (5), among all persons known or believed to be interested in the land of whose claims, it has information, whether or not they have appeared before it. (4)
   • (a) In the case of land held as tenant, the apportionment of compensation as between the tenant and the landlord shall be on the following basis, that is to say —
     • (i) two-thirds of the compensation shall be payable to the landlord, and
     • (ii) one-third thereof to the tenant.
   • (b) Subject to the provisions of sub-section
5. (5) encumbrances created by the landlord or for which the landlord is liable, shall be paid out of the amount of compensation payable to the landlord and those created by the tenant or for which the tenant is liable shall be paid out of the amount of compensation payable to the tenant.
6. (5) The apportionment of compensation amongst the holders of encumbrances shall be determined on the following basis, that is to say :—
   • (a) if the total amount of encumbrances on the land is less than the compensation payable in respect of the land, the amount of encumbrances shall be paid to the holders thereof in full,
   • (b) if the total amount of such encumbrances exceeds the compensation payable in respect of the land, the amount of compensation shall be distributed amongst the holders of encumbrances in the order of priority or pro rata, as the case may be.
7. (6) If the surplus land has come out of the lands referred to in clause
   • (b) or
   • (c) of the proviso to section 15, the transferee of such land shall be entitled, out of the amount of compensation, to the amount of the consideration paid by him to the transferor and if the amount of compensation is less than the amount of such consideration, the transferee shall be entitled to recover the remaining sum from the transferor.
8. (7) The award made by the Tribunal subject to an appeal to the Gujarat Revenue Tribunal under section 36 and the decision of the Gujarat Revenue Tribunal on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court.

1. (1) The amount of compensation payable under this Act shall be payable in cash, or in transferable bonds as provided in sub-section
2. (2) or partly in cash and partly in such transferable bonds, according as the State Government may think fit.
3. (2) Where any amount of compensation is to be paid in transferable bonds, such bonds shall carry interest at the rate of four and half per cent. per annum from the date of their issue and shall be repayable, during such period not exceeding twenty years from the date of their issue as may be prescribed, by equated annual instalments of principal and interest.
4. (3) The bonds shall be of such denomination and shall be in such forms as may be prescribed.

1. (1) Where the Tribunal suo motu or on an application made to it by any person has reason to believe that the acquisition of any excess land by any person is invalid under section 9 or any excess land is liable to be deemed as surplus land under that section, the Tribunal shall issue a notice in the prescribed form to the person holding the land and other persons known to be interested in the land to show cause within one month from the date of the service of the notice, why the acquisition of such land should not be declared to be invalid or, as the case may be, why the excess land should not be declared to be surplus land.
2. (2) The Tribunal shall thereupon hold an inquiry and after giving the person holding the land and other persons interested in the land an opportunity to be heard decide whether the land is excess land under section 9, and if so, —
   • (i) whether the acquisition of excess land is invalid, or
   • (ii) whether the excess land is liable to be deemed as surplus land, under section 9 and shall make a declaration accordingly.
3. (3) If the Tribunal declares the acquisition of excess land to be invalid the excess land shall be forfeited to the State Government from the date of the declaration.
4. (4) If the Tribunal declares the excess land to be surplus land, it shall vest in the State Government from the date of the declaration free from all encumbrances and the provisions of sections 22 to 25 (both inclusive) shall apply thereto.

1. (1) If the land to be allotted to a co-operative farming society under section 29 does not form a compact block due to some intervening land being held by a person who is not a member of the society and it appears to the Collector that in the interest of efficient cultivation, the land to be allotted to the society should form a compact block, he may serve a notice on the person and the society calling upon them, if willing, to take steps and admit the person to membership of the society within the period specified in the notice.
2. (2) If the person is unwilling and the society is willing or the person fails to comply with the notice under sub-section (1), the Collector, with the previous approval of the State Government, may make a declaration that it is necessary to acquire the land held by the person for the formation of a compact block of land for the co-operative farming society.
3. (3) Such declaration shall be published in the Official Gazette and shall state the village, taluka, and district in which the land is situate, the purpose for which the land is needed, its area and assessment. The declaration shall also be published in the prescribed manner at convenient places in the village in which the land is situate.
4. (4) The declaration so made shall be conclusive evidence that the land specified therein is needed to be acquired for a public purpose.
5. (5) The person whose land is declared for acquisition under this section shall, without prejudice to his right to compensation under section 28, be entitled to the allotment, out of the land to be allotted to the society, of land to the extent of the land acquired under section 28, on payment of the market value of the land determined in accordance with sub-section
6. (2) of section 28.

1. (1) On the publication of the declaration, the Collector shall issue notices to the owner of the land and all persons known or believed to be interested in the land stating that claims to compensation for all interests in the land may be made to him within the period specified in the notices.
2. (2) The Collector shall then make an inquiry and determine the market value of the land in accordance with the provisions of sections 23 and 24 of the Land Acquisition Act, 1894.
3. (3) After determining the value of the land, the Collector shall, with the previous approval of the State Government, make an award which shall contain —
   • (a) the particulars of the land;
   • (b) the compensation which in his opinion should be allowed for the land according to its market value; and
   • (c) the apportionment of the compensation among all persons known or believed to be interested.
4. (4) The apportionment of compensation shall be in accordance with the provisions of section 24.
5. (5) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence as between the Collector and persons interested whether they have respectively appeared before the Collector or not, of all the particulars including area and value of the land and the apportionment of compensation.
6. (6) When the Collector has made an award, the land therein shall vest in the State Government free from all encumbrances.
7. (7) The award made by the Collector subject to an appeal to the Gujarat Revenue Tribunal under section 36 and the decision of the Gujarat Revenue Tribunal on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court.

1. (1) Land other than grazing land, which vests in the State Government under section 21 or 26 shall be allotted in accordance with the rules made in that behalf under this Act on payment of occupancy price payable therefor in so far as clauses (ii),
   • (iii) and
   • (iv) are concerned, in accordance with such rules in the following order of priority :-
   • (i) a person from whom any land held by him as tenant has been resumed by the landlord under the relevant tenancy law for being cultivated personally or for any non-agricultural use and who as a consequence thereof holds no land or holds land which is less than five acres of dry crop land, or as the case may be, its equivalent calculated in accordance with the provisions of sub-section
2. (2) of section 5;
   • (ii) co-operative farming society, where it is —
   • (a) a co-operative joint farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons;
   • (b) a co-operative farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons;
     • (iii) Agricultural labourers, landless persons, and small holders:
     • (v) any urban local body, for public purpose, when the land is situated within the areas of such local body;
     • (vi) any person, for industrial purpose or for the purpose of development thereof, when the land is situated outside the areas of the urban local body: Provided that the extent of land to be allotted to a co-operative farming society referred to in clause
     • (ii) together with the land held as owner or tenant individually by the members thereof shall not exceed an area equal to the ceiling area multiplied by the number of members thereof: Provided further that the State Government may, by notification in the Official Gazette, give, in relation to such local areas as it may specify, such priority in the above order as it thinks fit to any class of persons who, by reason of the acquisition of their land for any development project approved for the purpose by the State Government, have been displaced, and require to be re-settled.
3. (2) Where land which vests in the State Government under section 21 or 26 was used by the holder before such vesting, as grazing or growing grass or is grazing land, the State Government may dispose it of in such manner as it thinks fit.
4. (3) An order of allotment of land under sub-section
5. (1) or
6. (2) if made by a Revenue Officer shall be subject to an appeal or revision as provided in Chapter XIII of the Bombay Land Revenue Code, 1879 as in force in the area within the jurisdiction of such officer and nothing in Chapter VI of this Act shall apply to such order. Provided that nothing in this sub-section shall apply in case where the land is allotted either under clause
   • (v) or clause
   • (vi) of sub-section (1).
7. (4) Where any urban local body is allotted any land in pursuance of clause
   • (v) of sub-section
8. (1) of this section, such urban local body shall further allot such land for any public purpose in the manner and subject to such conditions as may be prescribed.
9. (5) Before any land is allotted to a person under clause
   • (vi) of sub-section (1), such person, if he is an agriculturist or not, shall, in lieu of the land to be allotted to him, make available equivalent quantum of agricultural land of the same class in the nearby vicinity in the manner and subject to such conditions as may be prescribed, to the State Government, which shall vest in the State Government free from all encumbrances.
10. (6) The land so vested in the State Government under sub-section (5), shall be deemed to have been vested under section 21 or 26, under which the land to be allotted was originally vested in the State Government, as the case may be.

1. (1) Save as otherwise provided in sub-section
2. (2) no land allotted under section 29 shall be —
   • (a) transferred whether by way of sale (including sale in execution of a decree of a civil suit or of an award or of any other competent authority) or by way of gift, mortgage, exchange, lease or otherwise, or
   • (b) sub-divided (including sub-division by a decree or order of a civil court or any other competent authority) whether by partition or otherwise, without the previous sanction of the Collector. Such sanction shall not be given except in such circumstances and on such conditions as may be prescribed.
3. (2) Notwithstanding anything contained in sub-section (1), it shall be lawful for a person to mortgage or create a charge on his interests in the land allotted to him under section 29 in favour of the State Government in consideration of a loan advanced to him by the State Government under the Land Improvement Loans Act, 1883, the Agriculturists' Loans Act, 1884 or the Bombay Non-Agriculturists' Loans Act, 1928, or in favour of a co-operative society, and without prejudice to any other remedy open to the State Government or the co-operative society, as the case may be, in the event of his making default in payment of such loan in accordance with the terms on which such loan was granted, it shall be lawful for the State Government or the co-operative society, as the case may be, to cause his interest in the land to be attached and sold and the proceeds to be applied in payment of such loan.
4. (3) Any subsequent transfer or sub-division of land transferred or sub-divided in accordance with sub-section (1), shall also be subject to the provisions of sub-section (1).
5. (4) Any transfer or sub-division of land in contravention of sub-section
6. (1) or
7. (3) and the acquisition of such land under such transfer or sub-division shall be invalid and the land shall stand forfeited to the State Government.

Notwithstanding anything contained in section 30, any land allotted either under clause

1. (v) or
2. (vi) of sub-section

1. (1) of section 29, to any urban local body or any person respectively shall be of old tenure.

1. (1) If in the case of land vesting in the State Government under this Act, the Mamlatdar considers that the allotment of such land under section 29 is likely to take time and that with a view to preventing the land remaining uncultivated, it is necessary to take such a step, he may lease the land for cultivation to any small holder subject to the following conditions :-
   • (i) the lease shall be for a period of one year;
   • (ii) the lessee shall pay rent at the rate fixed by the Mamlatdar subject to the provisions of the relevant tenancy law;
   • (iii) the lessee shall be liable to pay the land revenue and the other cesses payable in respect of the land;
   • (iv) if the lessee fails to vacate the land on the expiry of the term of the lease, he shall be liable to be summarily evicted by the Mamlatdar.
2. (2) The person holding land on lease under sub-section
3. (1) shall not be deemed to be a tenant within the meaning of the relevant tenancy law.
4. (3) The amount of rent realised under sub-section
5. (1) shall be credited to Government.

The Mamlatdar, the Tribunal and the Collector shall have the same powers in making inquiries under this Act as are vested in Courts in respect of the following matters under the Code of Civil Procedure, 1908, in trying a suit, namely :-

1. (a) proof of facts by affidavits;
2. (b) summoning and enforcing the attendance of any person and examining him on oath; and
3. (c) compelling the production of documents.

1. (1) Subject to the provisions of section 32, the Mamlatdar, the Tribunal and the Collector shall in holding inquiries under this Act follow such procedure as may be prescribed save as otherwise provided in this Act.
2. (2) Every decision of the Mamlatdar, Tribunal and Collector shall be recorded in the form of an order which shall state reasons for such decision.

All notices issued under this Act shall save as otherwise provided in this Act be served in the prescribed manner.

1. (1) An appeal against any order of the Mamlatdar or any order other than an award under section 24 made by the Tribunal may be filed to the Collector.
2. (2) Every petition for an appeal under sub-section
3. (1) shall be accompanied by a certified copy of the order to which objection is made unless the production of such copy is dispensed with.
4. (3) On the filing of an appeal under sub-section (1), the Collector may either admit it or, after calling for the record and giving the appellant an opportunity to be heard, may summarily reject it: Provided that the Collector shall not be bound to call for the record where the appeal is time-barred or does not lie.
5. (4) If the appeal is admitted, a date shall be fixed for hearing and notice thereof shall be served on the respondent in the prescribed manner.
6. (5) After hearing the parties, if they appear, the Collector may confirm, vary or reverse the order appealed against or may direct such further investigation to be made, or such additional evidence to be taken, as he may think necessary; or may himself take such additional evidence or may remand the case for disposal with such directions as he may think fit. The Collector shall also have power to award costs.
7. (6) The Collector may, pending decision of the appeal, direct the execution of the order appealed against to be stayed for such time as he may think fit and subject to compliance with such conditions (including a condition of furnishing security) as he may think fit to impose.
8. (7) The Collector may set aside or modify any direction made under sub-section (6).

1. (1) Any person aggrieved by the award made by the Tribunal under section 24 or by the Collector under section 28 may appeal to the Gujarat Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957.
2. (2) Every petition of appeal under sub-section
3. (1) shall be accompanied by a certified copy of the award against which the appeal is made unless the production of such copy is dispensed with.
4. (3) In deciding such appeal the Gujarat Revenue Tribunal shall exercise all the powers which a Court has and follow the same procedure which the Court follows in deciding appeals from the decree or order of the original court under the Code of Civil Procedure, 1908.

Where no appeal has been filed within the period provided for it, the Collector may, suo motu or on a reference made in this behalf by the Commissioner or the State Government, at any time, —

1. (a) call for the record of any inquiry of the proceedings of any Mamlatdar or of the Tribunal other than the proceedings of an award for the purpose of satisfying himself as to the legality or propriety of any order passed by, and as to the regularity of the proceedings of such Mamlatdar or Tribunal and
2. (b) pass such order thereon as he deems fit: Provided that no such record shall be called for after the expiry of one year from the date of such order and no order of such Mamlatdar or Tribunal shall be modified, annulled or reversed unless opportunity has been given to the interested parties to appear and be heard.

1. (1) Notwithstanding anything contained in the Bombay Revenue Tribunal Act, 1957, an application for revision may be made to the Gujarat Revenue Tribunal constituted under the said Act against any order of the Collector on the following grounds only: —
   • (a) that the order of the Collector was contrary to law;
   • (b) that the Collector failed to determine some material issue of law; or
   • (c) that there was a substantial defect in following the procedure provided by this Act, which has resulted in the miscarriage of justice.
2. (2) In deciding applications under this section the Gujarat Revenue Tribunal shall follow the procedure which has been prescribed by rules and regulations made under the Bombay Revenue Tribunal Act, 1957.

Every appeal or application for revision under this Act shall be filed within a period of sixty days, from the date of the order of the Mamlatdar, Tribunal or Collector as the case may be.

Court-fees Notwithstanding anything contained in the Bombay Court fees Act, 1959, every application or appeal made under this Act to the Mamlatdar, Tribunal, Collector or Gujarat Revenue Tribunal shall bear a court-fee stamp of such value as may be prescribed.

The Gujarat Revenue Tribunal in revision under section 38 may confirm, modify or rescind the order in revision or its execution or may pass such other order as may seem legal and just in accordance with the provisions of this Act.

The Collector may, after due notice to the parties, by order in writing, —

1. (a) transfer any appeal pending before him or before any Assistant or Deputy Collector subordinate to him to any Additional, Assistant or Deputy Collector specified in such order, performing the duties and exercising the power of a Collector and upon such transfer the Additional Collector, Assistant Collector or Deputy Collector, as the case may be, shall have power to hear and decide the appeal as if it was originally filed to him; or
2. (b) withdraw any appeal pending before any Assistant or Deputy Collector and himself hear and decide the same.

Any sum whether by way of occupancy price, rent or otherwise payable by any person to the State Government by or under the provisions of this Act, shall, if not paid by such person, be recoverable as an arrear of land revenue.

1. (1) Any order of the Mamlatdar or Tribunal awarding possession or restoring the possession or use of any land shall be executed in the manner provided in section 21 of the Mamlatdars’ Courts Act, 1906, as if it was the decision of the Mamlatdar under the said Act : Provided that such order shall not be executed till the expiry of the period of appeal or application for revision as provided in section 39, or if an appeal is filed before the Collector and the Collector has refused to grant a stay order, until the date of such order, whichever is earlier : Provided further that any order to be issued to village officers shall be issued by the Mamlatdar to whom such village officers are subordinate.
2. (2) An order of the Collector, or the Gujarat Revenue Tribunal, in appeal or revision shall be executed in the manner provided for the execution of an order of the Mamlatdar or Tribunal under sub-section (1).

Any person unauthorisedly occupying or wrongfully in possession of any land —

1. (a) which vests in the State Government under this Act, or
2. (b) to the use and occupation of which he is not entitled under the provisions of this Act, may be summarily evicted by the Collector after such inquiry as he deems fit.

Notwithstanding anything contained in this Act or any law for the time being in force, no pleader shall be entitled to appear on behalf of any party in any proceedings under this Act before the Mamlatdar, the Tribunal or the Collector : Provided that the Mamlatdar, the Tribunal or the Collector may, in the interest of justice for reasons to be recorded in writing, allow the parties to be represented at their own cost by a pleader : Provided also that if any officer of Government is appointed or declared by a competent Court or is authorised under any law for the time being in force as a guardian, administrator or manager of the property of a person who is under a legal disability or is incompetent or unable to manage or to act, such officer shall be entitled to appear through a representative authorised by him in writing in this behalf in any proceedings before the Mamlatdar, the Tribunal or the Collector. Such representative may also submit any application and otherwise act on behalf of the officer in any such proceedings. Explanation. — For the purposes of this section the expression “pleader” includes an advocate, attorney, vakil or any other legal practitioner.

No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Mamlatdar, Tribunal, Collector, Commissioner, the Gujarat Revenue Tribunal or the State Government. Explanation. — For the purpose of this section a civil court shall include a Mamlatdar’s Court constituted under the Mamlatdars’ Courts Act, 1906.

All inquiries and proceedings before the Mamlatdar, the Tribunal, the Collector, the Commissioner and the Gujarat Revenue Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.

The officers and members constituting a Tribunal and other officers functioning under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or purports to be done under this Act.

The State Government may, subject to such restrictions and conditions as it may impose, by notification in the Official Gazette, delegate to the Commissioner all or any of the powers conferred on it by this Act.

In all matters connected with this Act the State Government shall have the same authority and control over the Tribunals, the Mamlatdars, the Collectors and the Commissioners acting under this Act as they do in the general and revenue administration.

1. (1) The State Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.
2. (2) Without prejudice to the generality of the foregoing power, such rules may provide for —
   • (i) the other pursuits to be prescribed under clause
   • (i) of section 2;
   • (ii) the period within which and the form in which an application under sub-section
3. (2) of section 8 shall be made;
   • (iii) other particulars to be given in a statement to be furnished under sub-section
4. (1) of section 10;
   • (iv) the records to be prescribed under sub-section
5. (1) of section 13;
   • (v) the other particulars to be prescribed under clause
   • (d) of sub-section
6. (2) of section 13;
   • (vi) the manner in which a case shall be referred by the Tribunal under sub-section
7. (1) of section 14;
   • (vii) the manner in which a list shall be published and the form in which a notice shall be given under sub-section
8. (1) of section 20;
   • (viii) the form in which a notice shall be served under sub-section
9. (2) of section 20 and the form in which particulars shall be furnished under that sub-section;
   • (ix) the period within which bonds shall be repayable under sub-section
10. (2) of section 25 and the denomination and forms of such bonds;
    • (x) the form of notice to be issued by the Tribunal under sub-section
11. (1) of section 26;
    • (xi) the manner of publishing a declaration under sub-section
12. (3) of section 27;
    • (xii) rules for the allotment of lands under section 29;
    • (xiii) the circumstances in which and the conditions on which sanction shall be given under sub-section
13. (1) of section 30;
    • (xiv) the manner of serving notice under section 34;
    • (xv) the manner of serving notice on the respondent under sub-section
14. (4) of section 35;
    • (xvi) the value of court-fee stamp under section 40;
    • (xvii) such other matters as may be prescribed.
15. (3) All rules made under this section shall be published in the Official Gazette.
16. (4) All rules made under this section shall be laid before the State Legislature as soon as may be after they are made and shall be subject to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.

With effect from the appointed day the enactments specified in Schedule III shall be amended to the extent mentioned in the fourth column thereof.