section 3
Abolition of alienations and vesting of land in Government
The Gujarat Surviving Alienations Abolition Act, 1963General196320 sections
Statutory text
Abolition of alienations and vesting of land in Government.
- (1) Save as otherwise provided by or under this Act, with effect from the appointed day—
- (a) all alienations to which this Act applies shall be deemed to have been abolished;
- (b) save as expressly provided by or under this Act, all rights legally subsisting on the said day in the alienated lands shall, save as provided in the provisions of this Act, be deemed to have been extinguished; and
- (c) all such lands (including all standing crops, trees (except trees belonging to an alienee or any other person), mines and minerals (whether discovered or not and whether being worked or not) and all rights in the sites of houses and other structures therein) shall vest in the State Government and all such rights and interests shall stand extinguished.
- (2) Nothing in clause
- (b) or
- (c) of sub-section
- (1) shall affect any rights of an alienee to hold or continue to hold any land in his personal cultivation or occupation, or any right of an inferior holder to hold or continue to hold any land in his occupation or possession, or any right of any person to receive any sum of money as a cash allowance or hereditary allowance, as provided in this Act.
- (3) Any person authorised by the State Government in this behalf may, after the appointed day, take possession of any land or other property which vests in the State Government under clause
- (c) of sub-section (1), and if any person resists the taking of such possession, the Collector shall, without prejudice to any other liability to which such person may be subject, take steps to obtain possession of such land or property as provided in the Land Revenue Code.
- (4) The vesting of any land or property under clause
- (c) of sub-section
- (1) shall not affect any easementary right or right of way or other right subsisting in favour of any person in respect of such land or property.
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