section 29
Allotment of land vesting in Government
The Gujarat Agricultural Land Ceiling Act-1960Civil196055 sections
Statutory text
- (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) 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.
- (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.
- (3) An order of allotment of land under sub-section
- (1) or
- (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).
- (4) Where any urban local body is allotted any land in pursuance of clause
- (v) of sub-section
- (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.
- (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.
- (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.
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