The Bombay Land Revenue (Gujarat Amendment) Act, 1976

(I) This Act may be called the Bombay Land Revenue (Gujarat Amendment) Act, 1976. (2) It shall come into force on such date as the State Government may, by notification in the Officinl Gazette, appoint.

For section 66 .of the principal Act, the foIlowing section shall be substituted, namely : - "66. If any land referred to in section 65 or section 65A be used for any purpose other than the purposc for which such land is assessed or held without the permission of the Collector being first obtained, or before the expiry of three months from the date of application for such permission, the occupant and any tenant or other person holding under or through him shall, without prejudice lo the occupant's liability to pay the new assessment which may be leviable under the provisions of section 48, be liable to be summarily evicted by the Collector from the land so used and from the entire survey number or sub-division of the survey number of which it may form a part. Any tenant of any occupant or any other person holding under or through an occupant, who shall without the occupant's consent use any such land for any such purpose, and thereby render the said occupant liable to the penalty aforesaid, shall be responsible to the said occupant in damages.".

In section 65 of the principal Act, the last paragraph and the marginal note thereto shall be omitted.

After section 65 of the principal Act, the following section shall be inserted, namely:-

"65A. Where the occupant of any land assessed or held for any non-agricultural purpose wishes to use such land or part thereof for any other non-agricultural purpose, the Collector's permission shall in the first place be applied for by him and the provisions of section 65 shall, so far as may be, apply to such application.

Explanation.-In this section, and section 67A, "non-agricultural purpose" means any of the purposes specified in clauses

1. (b) to
2. (e) of sub-section

1. (1) of section 48.".

"66. If any land referred to in section 65 or section 65A be used for any purpose other than the purposc for which such land is assessed or held with- out the permission of the Collector beiiig first obtained, or before the expiry of three months from the date of application for such permission. the occupant and any tenant or other person holding under or through him shall, without prejudice lo the occupant's liability to pay thc new assessment which may be leviable under the provisions of section 48, k liable to be summarily evicted by the Collector from the land so used and from the entire survey number or sub-division of the survey number of which it may form a part. Any tenant of any occupant or any other person holding uridcr or through an occupant, who shall without the mcupant's consent use any such land for any such purpose, and thereby render the said occupant liable t~ tIlc penalty afore- said, shall be responsible to the said occupant in damages.".

In section 67 of the principal Act, for the words "in the last two precedii~a 5,-ctio!~~". the words, figures and letter "in sections 65. 65A and 66" sll;~!l b: substituted.

1. (1) Where any land assessed or hcld For the purpose of ngriculturc and situated in an area s~cified in colunln
2. (2) oE the Table below (hereafter in this section rcfcrred to as the specified areah

(d is permitted. or deemed to ]lave been permitted, under section 65, to be used for any other purpose: or

1. (b) is used for any other purpsc: without the permission of the Collector king first obtaincd or before the expiry of the priod prescribed in that section, the occupant of sucll land shall be liable to pay to #the State Government, a tax rtt 1l1e rl;te specified in the corresponding cntry in column (3), colnn-ln (4), or column (5). as the caue niay be. of the said Table from tllc datc on which sucll permission is. or is dcrrl~ed to have been, granted, or from thc date on which the'lartd is 1:ut to such use, whichever is earlicr.

1. (2) Where any land assessed or held for any non-agricultural purpose (here- after in this section referred to as the existing non-agricultural purpose) and situatcd in a specified area-
   • (o) is nermittcd or is deemed to have ken ~rmitted, under section 65A, to be used for any other non-agricultural purpose: or
   • (b) is used for any other ncn-agricultural purpose without the permissioi~ of the Colleclur being first obtained or before the expiry of three months from the date of application for such permission, the occupant of such land shall be liablc to pay to the S:ute Government, a tax at such rate as is equivalent to the difference betwzen the rate of tax applicable lo the other non-agricultural purpose spccificd in the corraponding cntry in coIuniri (3), column
2. (4) or columtl IS), as the case may be. of the Table bclow and the rate of tax applicable to the existing non-agriculturat purpose specified in the said columns: Provided that no tax shall be payable under this sub-section if the rate of tax applicabIe to the other non-agricultural purpose is Iower than the rate applicable to the existing tion-agricoltura1 purpose.
3. (3) The tax payable ur~der [his scction shall bc kr;own as conversion tax and shall be payable by the occupant to such authority, in such manner and at such times as may be prescribed by rules made uoder section 214.

In section 187 of the principal AG!, for [he words "All sums due on account of land revenue", Ihe words "All sum5 due on account of land revenue, conver- sion tax" shall bc substituted.

"135LL.

1. (1) This chapter shall apply to such taluka in a district as the State Government may, by notification in the Official Gazette, specify.
2. (2) This chapter shall cease to apply to such taluka in a district as the State Government may, by notification in the Official Gazette, specify." 1. Short title
   • (I) This Act may be called the Bombay Land Revenue (Gujarat Amendment) Act, 1976.
3. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 132 of Bom. V of 1879 In section 48 of the Bombay Land Revenue Code, 1879, as in force in the State of Gujarat (hereinafter referred to as the principal Act),-
   • (i) for sub-section (1), the following sub-section shall be substituted, namely :- "(1) The land revenue leviable on any land under the provisions of this Act shall be assessed, or shall be deemed to have been assessed, as the case may be, with reference to the use of the land-
   • (a) for the purpose of agriculture;
   • (b) for the purpose of residence;
   • (c) for the purpose of industry;
   • (d) for the purpose of commerce;
   • (e) for any other purpose.";
     • (ii) in sub-section (2),-
   • (a) for the words "Where land assessed for use for any purpose is used for any other purpose", the words, figures and letters "Where land assessed for use for any purpose is permitted or deemed to have been permitted under section 65, or, as the case may be, under section 65A, to be used for any other purpose, or is used for any other purpose without the permission of the Collector being first obtained or, before the expiry of the period prescribed by section 65, or, as the case may be, by section 65A" shall be substituted;
   • (b) after the words "fixed at a different rate", the words "with effect from the commencement of the revenue year in which the land is so permitted or deemed to have been permitted to be used, or, as the case may be, is used without the permission of the Collector". shall be inserted. 1. Short title and commencement
4. (1) This Act may be called the Bombay Land Revenue (Gujarat Amendment) Act, 1977.
5. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Substitution of new paragraph for first paragraph of section 66 of Bom. V of 1879 For section 66 .of the principal Act, the foIlowing section shall bes~kitllfi~11 of new scc- substituted, namely : - '-66. If any land referred to in section 65 or section 65A be used for any 2:tq'i:;. purpose other than the purposc for which such land is assessed or held with- i;tart out the permission of the Collector beiiig first obtained, or before Ole expiry ~,~~::~:,,,,. of three months from the date of application for such permission. the occupant and any tenant or other person holding under or through him shall, without prejudice lo the occupant's liability to pay thc new assessment which may be leviable under the provisions of section 48, k liable to be summarily evicted by the Collector from the land so used and from the entire survey number or sub-division of the survey number of which it may form a part. Any tenant of any occupant or any other person holding uridcr or through an

occupant, who shall without the mcupant's consent use any such land for any

such purpose, and thereby render the said occupant liable t~ tIlc penalty afore- said, shall be responsible to the said occupant in damages.".

3. Repeal and Saving

1. (I) The ~ornbai Land Revenue (Gujarat Amendment) Ordinance. 1980 is oni. hereby repealed. fird 0 of 1080.

1. (2) Notwithstanding such repeal, anything done or any 'action taken under the principal Act as amended by the said Ordinance, shall be deemed to !lave been done or taken under the principal Act as amended by this Act. 1. Short title and commencement
   • (I) This Act may be called the Bombay Land Revenue (Gujarat Amendment) Act, 1976.
2. (2) It shall come into force on such date as the State Government may, by notification in the Officinl Gazette, appoint. 2. Insertion of sections 73AA, 73AB, 73AC and 73AD In section 48 of the Bombay Land ~ccenue Code, 1879, as in force in rhc State of Gujarnt (hereinafter referred to as thc principal Act),-
   • (i) for sub-scction (I), the follow~llg sub-section shall bc substituted, namely : - "(I) The land revenue leviable- on any Iand under the provisions of this Act shall be qsse,ssed, or shall bc deemed to have been assessed, as the case may be, with reference to the use of the land-
   • (a) for the purpose of agriculture;
   • (b) foi the purpose of residence;
   • (c) for the purpose of industry:
   • (d) for the purpose of commerce;
   • (e) for ally other purpose.";
     • (ii) in sub-section (2).-
   • (a) for the words "Where land assessed for use for any purpose is used for any other purpose", the words, figures and letters "Where land assessed for use for any purpose is prmitted or deemed to have been perrnilted under se~rion 65, or, as the case may be, ull-der section 6SA. 10 he uscd fur any other purpose, or is used for any other purpc withou: the wrrnissio~~ of the Collector being first obtained or. Leforc ;!:e cx*y of tbe pi.iod prescribed by section 65, or, as tllc case maq7 b:, by section 65A" shall b: substituted;
   • (b) after the words "lixcd r;t a different ratc". the words "with effect frotn the conlrnencement of the revenue year in which the land is so pel.mitted or deemed to havz kcn permittxi to be uscd. or, as the cast may be, is used wlil~out 111e permission of the Colleclor". s!ls!l be insertcri. 3. Right of occupant to mortgage his occupancy "Right of occupant to mortgage his occupancy":

Provided that if an occupant is a tribal his interest in the occupancy shall not be so sold to a non-tribal without the previous sanction of the Collector.

4. Amendment of section 214 "Amendment of section 214":

4. In sub-section

1. (2) of section 214 of the principal Act, clause
   • (hh) shall be renumbered as clause (h-i) and after clause (h-i) as so renumbered, the following clauses shall be inserted, namely :- (h-ii) prescribing the form of notice to be issued to the transferor or his successor in interest by the Collector, making rules relating to the liability to pay arrears of land revenue in respect of an occupancy restored to the tribal transferor under sub-section
2. (3) of section 73AA, and prescribing the period within which the tribal transferor shall accept the occupancy restored to him, under the proviso to the said sub-section (3); (h-iii) prescribing the circumstances in which and the conditions subject to which the previous sanction of the Collector shall be given under sub-section (2), occupancy price on the payment of which occupancy shall be granted under sub-section
3. (5) and the distance within which any other village shall be situated and the order of priority in which, the occupancy price at which, and the conditions subject to which the occupancy shall be granted to other classes of persons under sub-section
4. (6) of section 73-AA; (h-iv) the form in which the declaration shall be made, and the manner in which such declaration shall be verified, by the transferor, under clause
   • (a) of sub-section
5. (3) of section 73-AA. 5. Amendment of enactments For section 66 of the principal Act, the following section shall be substituted, namely : - "66. If any land referred to in section 65 or section 65A be used for any purpose other than the purpose for which such land is assessed or held with- out the permission of the Collector being first obtained, or before the expiry of three months from the date of application for such permission, the occupant and any tenant or other person holding under or through him shall, without prejudice to the occupant's liability to pay the new assessment which may be leviable under the provisions of section 48, be liable to be summarily evicted by the Collector from the land so used and from the entire survey number or sub-division of the survey number of which it may form a part. Any tenant of any occupant or any other person holding under or through an occupant, who shall without the occupant's consent use any such land for any such purpose, and thereby render the said occupant liable to the penalty afore- said, shall be responsible to the said occupant in damages.".

Schedule (List of Enactments) Sr. Enactments Amendments No. 1, The Bombay Tenancy and (1) In section 4-B after the words Agricultural Lands Act, 1948 "any land" the brackets, words, figu- (Born. LXVII of 1948). res and letters "(other than tenancy created with the previous sanction of the Collector under section 73-AA of the Bombay Land Revenue Code, 1879)" shall be inserted. (2) After section 88A, the following section shall be inserted, namely:- "88-AA. Notwithstanding any con- tained in this Act, a tenant who does not belong to any of the Scheduled Tribes shall not, after the commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 be entit- led to purchase from the land lord under this Act any land Previous sanction under section 73-AA of the Bombay Land Re- venue Code, 1879. Explanation.-For the purpose of this section, "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed to be Sche- duled Tribes in relation to the State of Gujarat under article 342 of the Consti- tution". 2. The Bombay Tenancy and (1) In section 9, after the words "any Agricultural Lands (Vidarbha land", the brackets, words, figures and Region and Kutch Area) Act, letters "(other than a tenancy created 1958 (Bom.XCIX of 1958). with the previous sanction of the Co- llector under section 73-AA of the Born- bay Land Revenue Code, 1879)" shall be inserted. (2) After section 130, the following sec- tion shall be inserted, namely:- "130-A. Notwithstanding any- Registered of thing contained in this Act, a tenant zzM who does not belong to any of the purchase Scheduled Tribes shall not, after the land lord. commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 be entitled to purchase from the landlord under this Act any land leased to him with the previous sanc- tion of the Collector under section 73-AA of the Bombay LandRevenue Code, 1879. Explanation:-For the purpose of this section, "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed to be Sche- duled Tribes in relation to the State of Gujarat under article 342 of the Constitu- tion".

( See section 5 ) Sr. Enactments Amendments No. 1. The Bombay Tenancy and (1) In section 4-B after the words Agricultural Lands Act, 1948 "any land" the brackets, words, figu- (Born. LXVII of 1948). res and letters "(other than tenancy created with the previous sanction of the Collector under section 73-AA of the Bombay Land Revenue Code, 1879)" shall be inserted. (2) After section 88A, the following section shall be inserted, namely:- "88-AA. Notwithstanding any- thing contained in this Act, a tenant who does not belong to any of the Scheduled Tribes shall not, after the commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 be enti- tled to purchase from the land lord under this Act any land leased to him with the pre- vious sanction of the Collector under section 73-AA of the Bombay Land Re- venue Code, 1879. Explanation.-For the purpose of this section, "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed to be Sche- duled Tribes in relation to the State of Gujarat under article 342 of the Consti- tution.". 2. The Bombay Tenancy and (1) In section 9, after the words "any Agricultural Lands (Vidarbha land", the brackets, words, figures and Region and Kutch Area) Act, letters "(other than a tenancy created 1958 (Bom. XCIX of 1958). with the previous sanction of the Co- llector under section 73-AA of the Bom- bay Land Revenue Code, 1879)" shall be inserted. (2) After section 130, the following sec- tion shall be inserted, namely:- "130-A. Notwithstanding any- thing contained in this Act, a tenant Requirement of who does not belong to any of the purchase Scheduled Tribes shall not, after the land by commencement of the Bombay Land tenant. Revenue (Gujarat Second Amendment) Act, 1980 be entitled to purchase from the landlord under this Act any land leased to him with the previous sanc- tion of the Collector under section 73AA of the Bombay Land Revenue Code, 1879. Explanation.-For the purpose of this section, "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed to be Sche- duled Tribes in relation to the State of Gujarat under article 342 of the Consti- tution.". 1. Short title and commencement (I) This Act may be called the Bombay Land Revenue (Gujarat Amendment) Act, 1976. (2) It shall come into force on such date as the State Government may, by notification in the Officinl Gazette, appoint. 2. Amendment of section 214 (i) for sub-scction (I), the follow~llg sub-section shall bc substituted, namely : - "(I) The land revenue leviable- on any Iand under the provisions of this Act shall be qsse,ssed, or shall bc deemed to have been assessed, as the case may be, with reference to the use of the land- (a) for the purpose of agriculture; (b) foi the purpose of residence; (c) for the purpose of industry: (b) for the purpose of residence; (e) for ally other purpose."; (ii) in sub-section (21.- (a) for the words "Where land assessed for use for any purpose is used for any other purpose", the words, figures and letters "Where land assessed for use for any purpose is prmitted or deemed to have been perrnilted under se~rion 65, or, as the case may be, ull-der section 6SA. 10 he uscd fur any other purpose, or is used for any other purpc withou: the wrrnissio~~ of the Collector being first obtained or. Leforc ;!:e cx*y of tbe pi.iod prescribed by section 65, or, as tllc case maq7 b:, by section 65A" shall b: substituted; (I) ) after the words "lixcd r;t a different ratc". the words "with effect frotn the conlrnencement of the revenue year in which the land is so pel.mitted or deemed to havz kcn permittxi to be uscd. or, as the cast may be, is used wlil~out 111e permission of the Colleclor". s!ls!l be insertcri. 3. Amendment of section 215 of Bom. V of 1879 "3. In the principal Act, section 215 shall be renumbered as sub-section (1) of that section and after sub-section (1), as so renumbered, the following sub-section shall be added, namely : - (2) (a) Nothing in section 214 shall authorise the State Government to make retrospectively a rule prescribing a penalty referred to in sub-section (1). (b) Notwithstanding the retrospective operation of any rule made under section 214, nothing or no action constituting breach of such rule, done or taken by a person before such rule is so made shall render such person liable to penalty prescribed under sub-section (1)." 4. Validation of rules "4. Any rule made retrospectively under section 214 of the principal Act, before the commencement of this Act shall be and shall be deemed always to have been validly made in accordance with law, as if the principal Act had been in force as amended by this Act at all material times when such rule was made and any such rule or anything done or action or proceeding taken or purported to have been done or taken under such rule, shall not be called in question in any court or before any officer or authority whatsoever merely on the ground that such rule was made retrospectively without power to do so. or that such thing was done or action or proceeding was taken or purported to have been done or taken under such rule." 5. Repeal and saving Repeal and saving.—(1) The Bombay Land Revenue (Gujarat Amendment) Ordinance, 1980 is hereby repealed. (2) Notwithstanding such repeal, anything done or any 'action taken under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act. 1. Short title and commencement (1) This Act may be called the Bombay Land Revenue (Gujarat Amendment) Act, 1980. (2) It shall be deemed to have come into force on the 19th April, 1980. 2. Amendment of section 128 of Bom. V of 1879 (2) The existing exemption from payment of land revenue continued under sub-section (1) in respect of lands specified in that subsection, shall with effect on and from 1st August 1981 stand discontinued. 3. Amendment of section 129 of Bom. V of 1879 (1) "under the last preceding section" the words, brackets and figures "under sub-section (1) of section 128" shall be substituted. 4. Amendment of section 130 of Bom. V of 1879 After section 65 of tllc principal Act, the following scctio~~ shall bc insert- ed, namely: - "MA. Wherc the occupant of any land assesseri or held for any non- agricultural purpose wishes to use such land or part thereof for any o(her non-agricultural purpose, the Collector's permission shall in the first place bc applied for by him and the provisiolls of section 65 shall, so far as may be, apply ta such applicr?tion. EspLmiior~.-In this section, and section 67A, "non-agricult lira1 purpose" means any of the purposes specified in clauses (h) to (c) of sub-section (I) of section 48.". 1. Short title and commencement (I) This Act may be called the Bombay Land Revenue (Gujarat Amend- Sll~rt "ill' and ment) Act, 1976. crltIIIIt,=lI- I 60111~llt. 2. Amendment of section 12 In section 48 of the Bombay Land Revenue Code, 1879, as in force in the State of Gujarat (hereinafter referred to as the principal Act),- (i) for sub-section (1), the following sub-section shall be substituted, namely:- "(1) The land revenue leviable on any land under the provisions of this Act shall be assessed, or shall be deemed to have been assessed, as the case may be, with reference to the use of the land- (a) for the purpose of agriculture; (b) for the purpose of residence; (c) for the purpose of industry; (d) for the purpose of commerce; (e) for any other purpose."; (ii) in sub-section (2),- (a) for the words "Where land assessed for use for any purpose is used for any other purpose", the words, figures and letters "Where land assessed for use for any purpose is permitted or deemed to have been permitted under section 65, or, as the case may be, under section 65A, to be used for any other purpose, or is used for any other purpose without the permission of the Collector being first obtained or before the expiry of the period prescribed by section 65, or, as the case may be, by section 65A" shall be substituted; (b) after the words "fixed at a different rate", the words "with effect from the commencement of the revenue year in which the land is so permitted or deemed to have been permitted to be used, or, as the case may be, is used without the permission of the Collector", shall be inserted. 3. Amendment of section 135G In the principal Act, in section 135G, for the words "shall report orally or in writing, he shall report in writing" shall be substituted. 4. Amendment of section 135D Amendment of section 135D. 4. In the principal Act, in section 135D,- (1) for sub-section (1), the following sub-section shall be substituted, namely :- "(1) The village accountant shall enter in a register of mutations every report made to him under section 135G or any intimation of acquisition or transfer of any right of the kind mentioned in section 135C received from the Mamlatdar or a Court of law."; (0) the words "either orally or" shall be deleted ; and (b) the following shall be added at the end, namely :- "and to give a written acknowledgement of the receipt of objection to the person making it.". 5. Insertion of new Chapter XB Insertion of new Chapter XB. 5. In the principal Act, after CHAPTER XB, the following new Chapter XB shall be inserted, namely :- "CHAPTER XB 136M. (1) In respect of every agriculturist holding land in a village for which a village accountant is appointed, there shall be prepared by the village accountant an agriculturist pass-book in duplicate in such form, and containing particulars as to rights recorded in the record of rights and such other matters (including subsisting mortgages of land, the total amount of loan and the amount of interest due thereon) as may be prescribed by such rules made in this behalf. (2) The agriculturist pass-book shall be supplied to the agriculturist within such period from the commencement of the Bombay Land Revenue (Gujarat Amendment) Ordinance, 1986 as the State Government may, by notification in the Official Gazette specify and the duplicate agriculturist pass-book shall be retained by the village accountant. (3) The particulars referred to in sub-section (1) shall be with reference to such date as the State Government may, by notification in the Official Gazette, specify. 136N. No bank shall entertain an application by an agriculturist for grant of financial assistance unless such application is accompanied by his agriculturist pass-book. Explanation.-In this section and section 136O, the expression "bank" means- (i) a banking company as defined in the Banking Regulation Act, 1949 ; (ii) the State Bank of India constituted under the State Bank of India Act, 1955 ; (iii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 ; (iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 ; (v) any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 ; (vi) the Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance and Development Corporation Act, 1963 ; (vii) the Agricultural Finance Corporation, a company incorporated under the Companies Act, 1956 ; (viii) any other Financial institution notified by the State Government in the Official Gazette, for the purpose of this Act. 136O. (1) Whenever an agriculturist mortgages or creates a charge on his land or any interest therein in favour of a bank for the purpose of obtaining financial assistance from that bank, or (a) whenever an agriculturist redeems any mortgage or a charge on his land or any interest therein by payment of mortgage money, the bank shall- (a) make necessary entries in the agriculturist pass-book of the agriculturist and thereafter return the pass-book to the agriculturist, and (b) (i) in the case falling under clause (1) report in writing of its acquisition of right as mortgagee to the village accountant in accordance with the provisions of section 135C, and (ii) in the case falling under clause (2) report in writing of the redemption of mortgage to the village accountant in accordance with the provisions of section 135C. 136P. Whenever entries are transferred from the register of mutations to the record of rights under section 135D, the village accountant shall call for the agriculturist pass-book from the concerned agriculturist and make entries therein, corresponding to those in the record of rights. 136Q. The village accountant shall also keep the duplicate agriculturist pass-book retained by him up-to-date by making necessary entries therein, from time to time, after verifying the entries from the original agriculturist pass-book and for that purpose, he may, from time to time, call for the original agriculturist pass-book from the agriculturist whereupon it shall be the duty of the agriculturist to forward his agriculturist pass-book to the village accountant. 136R. A certified copy of any entry in the duplicate agriculturist pass-book maintained by the village accountant shall in all legal proceedings be received as prima facie evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded to the same extent as the original entry itself but not further or otherwise. Explanation.-For the purposes of this Chapter, the expression 'agriculturist' means a land holder who holds land for the purpose of agriculture.". 136M. Preparation of agriculturist pass-book (I) In respect of every agriculturist holding land in a taluka to which this Chapter is applied under sub-section (I) or re-applied under sub-section (3) of section 135LL for which a competent authority is appointed, there shall be prepared by the competent authority an agriculturist pass-book in duplicate in such form, and containing particulars as to rights recorded in the record of rights and such other information (including subsisting mortgages of land, the total amount of loan and the amount of interest due thereon) as may be prescribed by rules made in this behalf. (2) The agriculturist pass-book shall be supplied to the agriculturist within such period from the date on which this Chapter is applied or re-applied to the taluka as the State Government may, by notification in the Official Gazette, specify and the duplicate agriculturist pass-book shall be retained by the competent authority. (3) The particulars referred to in sub-section (I) shall be with reference to such date as the State Government may, by notification in the Official Gazette, specify. 136N. Sale of financial assistance by bank No bank shall entertain an application by an agriculturist for grant of financial assistance unless such an application is accompanied by his agriculturist pass-book. Expl.-In this section and section 136O, the expression "bank" means- (i) a banking company as defined in the Banking Regulation Act, 1949 ; (ii) the State Bank of India constituted under the State Bank of India Act, 1955 ; (iii) a subsidiary bank as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 ; (iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 ; (v) any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 ; (vi) the Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance and Development Corporation Act, 1963 ; (vii) the Agricultural Finance Corporation, a company incorporated under the Companies Act, 1956 ; (viii) any other financial institution notified by the State Government in the Official Gazette, for the purposes of this Act. 136O. Duplicate pass-book to be kept up-to-date (1) Whenever an agriculturist mortgages or creates a charge on his land or any interest therein in favour of a bank for the purpose of obtaining financial assistance from that bank, or (a) whenever an agriculturist redeems any mortgage or a charge on his land or any interest therein by payment of mortgage money, the bank shall— (a) make necessary entries in the agriculturist pass-book of the agriculturist and thereafter return the pass-book to the agriculturist, and (b) (i) in the case falling under clause (1) report in writing of its acquisition of right as mortgagee to the village accountant in accordance with the provisions of section 136C, and (ii) in the case falling under clause (2) report in writing of the redemption of mortgage to the village accountant in accordance with the provisions of section 136C. 136P. Entries in pass-book Whenever entries are transferred from the register of mutations to the record of rights under section 136D, the village accountant shall call for the agriculturist pass-book from the concerned agriculturist and make entries therein, corresponding to those in the record of rights. 136Q. Duplicate pass-book to be kept up-to-date The village accountant shall also keep the duplicate agriculturist pass-book retained by him up-to-date by making necessary entries therein, from time to time, after verifying the entries from the original agriculturist pass-book and for that purpose, he may, from time to time, call for the original agriculturist pass-book from the agriculturist whereupon it shall be the duty of the agriculturist to forward his agriculturist pass-book to the village accountant. 136R. Mode of proof of entries in pass-book A certified copy of any entry in the duplicate agriculturist pass-book maintained by the village accountant shall in all legal proceedings be received as prima facie evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded to the same extent as the original entry itself but not further or otherwise. 6. Repeal and saving In section 67 of the principal Act, for the words "in the last two precedii~a 5,-ctio!~~". the words, figures and letter "in sections 65. 65A and 66" sll;~!l b: substituted. 7. Amendment of section 67A After sec:ion 67 of the prilicipal Act, the foIlo.xing section xh:~Il be insert- Illsrrti~n of IlClV crl, namely : -- ecctioli ti7A. 67A. (I) Where any land assessed or hcld For the purpose of ngriculturc Pa~lnellt nf convcrsion and situated in an area s~cified in colunln (2) oE the Table below (hereafter tax by in this section rcfcrred to as the specified areah OCC\I~)RI)~ fnr chm~~go nf UWI r,f (d is permitted. or deemed to ]lave been permitted, under section 65, to be used for any other purpose: or flPeAR. {b) is used for any other purpsc: without the permission of the Collector king first obtaincd or before the expiry of the priod prescribed in that section, the occupant of sucll land shall be liable to pay to #the State Government, a tax rtt 1l1e rl;te specified in the corresponding cntry in column (3), colnn-ln (4), or column (5). as the caue niay be. of the said Table from tllc datc on which sucll permission is. or is dcrrl~ed to have been, granted, or from thc date on which the'lartd is 1:ut to such use, whichever is earlicr. (2) Where any land assessed or held for any non-agricultural purpose (here- after in this section referred to as the existing non-agricultural purpose) and situatcd in a specified area- (o) is nermittcd or is deemed to have ken ~rmitted, under section 65A, to be used for any other non-agricultural purpose: or (b) is used for any other ncn-agricultural purpose without the permissioi~ of the Colleclur being first obtained or before the expiry of three months from the date of application for such permission, the occupant of such land shall be liablc to pay to the S:ute Government, a tax at such rate as is equivalent to the difference betwzen the rate of tax applicable lo the other non-agricultural purpose spccificd in the corraponding cntry in coIuniri (3), column (4) or columtl IS), as the case may be. of the Table bclow and the rate of tax applicable to the existing non-agriculturat purpose specified in the said columns: Provided that no tax shall be payable under this sub-section if the rate of tax applicabIe to the other non-agricultural purpose is Iower than the rate applicable to the existing tion-agricoltura1 purpose. (3) The tax payable ur~der [his scction shall bc kr;own as conversion tax and shall be payable by the occupant to such authority, in such manner and at such times as may be prescribed by rules made uoder section 214. 8. Amendment of section 67A Amendment of section 67A. In section 67A of the principal Act, for sections 67A, the following section shall be substituted, namely:- "67A. Where any land assessed or held for the purpose of agriculture or of non-agriculture is permitted or deemed to have been permitted under section 65, 65A or 65B to be used for any other non-agricultural purpose, the occupant of such land shall be liable to pay to the State Government, a conversion tax at such rate as specified by notification in the Official Gazette which shall be payable by the occupant to such authority, in such manner and at such time as may be prescribed.". 1. Short title and commencement Short title and commencement. (1) This Act may be called the Bombay Land Revenue (Gujarat Amendment) Act, 1976. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Substitution of section 157 of Bom. V of 1879 In the Bombay Land Revenue Code, 1879, for section 157, the following section shall be substituted, namely:- "157. (1) At any time after an arrear becomes due, the defaulter (not being an agriculturist from whom such arrear in respect of his occupancy is due) may be arrested and detained in custody for ten days in the office of the Collector or of a Mamlatdar unless the revenue dues together with the penalty or interest and the cost of arrest and of notice of demand, if any, and the cost of his subsistence during detention is sooner paid: Provided that no such arrest shall be made unless the default is wilful and the defaulter is given an opportunity to show cause against his arrest and detention. (2) If, on the expiry of ten days the amount due by the defaulter is not paid, then, or if the Collector deems fit on any earlier day, he may be sent by the Collector with a warrant, in the form of Schedule C for imprisonment in the civil jail of the district: Provided that no defaulter shall be detained in imprisonment for a longer period than the time limited by law in the case of the execution of a decree of civil court for a debt equal in amount to the arrear of revenue due by such defaulter.". 1. Short title and commencement (1) This Act may be called the Bombay Land Revenue (Gujarat Amendment) Act, 1995. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Amendment of principal Act In section 48 of the Bombay Land Revenue Code, 1879, as in force in the State of Gujarat (hereinafter referred to as the principal Act),- (i) for sub-section (I), the following sub-section shall be substituted, namely :- "(I) The land revenue leviable on any land under the provisions of this Act shall be assessed, or shall be deemed to have been assessed, as the case may be, with reference to the use of the land- (a) for the purpose of agriculture; (b) for the purpose of residence; (c) for the purpose of industry: (d) for the purpose of commerce; (e) for any other purpose."; (ii) in sub-section (2),- (a) for the words "Where land assessed for use for any purpose is used for any other purpose", the words, figures and letters "Where land assessed for use for any purpose is permitted or deemed to have been permitted under section 65, or, as the case may be, under section 65A, to be used for any other purpose, or is used for any other purpose without the permission of the Collector being first obtained or, before the expiry of the period prescribed by section 65, or, as the case may be, by section 65A" shall be substituted; (b) after the words "fixed at a different rate", the words "with effect from the commencement of the revenue year in which the land is so permitted or deemed to have been permitted to be used, or, as the case may be, is used without the permission of the Collector", shall be inserted. 3. Insertion of section 135LL 135LL. (1) This chapter shall apply to such taluka in a district as the State Government may, by notification, in the Official Gazette, specify. (2) This chapter shall cease to apply to such taluka in a district as the State Government may, by notification in the Official Gazette, specify. 4. Amendment of section 135M of Born. V of 1879 "135M. (I) The village accountant shall enter in a register of mutations every report made to him under section 135G or any intimation of acquisition or transfer of any right of the kind mentioned in section 135C received from the Mamlatdar or a Court of law."; (a) the words "either orally or" shall be deleted; and (b) the following shall be added at the end, namely :- "and to give a written acknowledgement of the receipt of objection to the person making it.". 5. Amendment of section 135N of Born. V of 1879 No bank shall entertain an application by an agriculturist for grant of financial assistance unless such an application is accompanied by his agriculturist pass-book. Explanation.-In this section and section 135O, the expression "bank" means- (i) a banking company as defined in the Banking Regulation Act, 1949 ; (ii) the State Bank of India constituted under the State Bank of India Act, 1955 ; (iii) a subsidiary bank as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 ; (iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 ; (v) any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 ; (vi) the Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance and Development Corporation Act, 1963 ; (vii) the Agricultural Finance Corporation Ltd., a company incorporated under the Companies Act, 1956 ; (viii) any other Financial Institution notified by the State Government in the Official Gazette, for the purposes of this Act. 6. Insertion of new sections 135OO and 135OOO "135 OO. (1) Any document of transfer of any agricultural land by sale, purchase, gift, mortgage, exchange, partition, lease, surrender or otherwise shall be registered by the registering authority in a taluka to which this Chapter is applied under sub-section (1) or re-applied under sub-section (3) of section 135 LL unless such document is accompanied by the agriculturist pass-book relating to such land. (2) The registering authority shall after registering such document make necessary entries in the agriculturist pass-book of the agriculturist and thereafter return the pass-book to the agriculturist. (3) The registering authority shall make a report in writing of such registration to the competent authority. 135 OOO. The competent authority shall be responsible to keep the agriculturist pass-book and the duplicate agriculturist pass-book retained by it, up-to-date by making necessary entries therein as provided in sections 135P and 135Q, respectively.". 7. Substitution of section 135P of Born. V of 1879 "135P. Whenever entries are transferred from the register of mutations to the record of rights under section 135D, the competent authority shall call for the agriculturist pass-book from the concerned agriculturist and thereupon the agriculturist produce the agriculturist pass-book before the competent authority with such period as may be prescribed by rules made under this Act and on such production of pass-book the competent authority shall make entries therein, corresponding to those in the record of rights and keep such pass-book up-to-date,". 8. Substitution of section 135R of Born. V of 1879 In seaion 187 of the principal AG!, for [he words "All sums due on account of land revenue", Ihe words "All sum5 due on account of land revenue, conver- sion tax" shall bc substituted. 9. Insertion of new sections in Chapter XB of Born. V of 1879 In sub-section (2) of section 214 of the principal Act, after clause (h), the following clause shall be inserted, namely:- "(hh) prescribing the authority to which, the manner in which, and the times at which, the conversion tax shall be payable by an occupant under section 67A;". 10. Amendment of section 214 of Born. V of 1879 "10. Amendment of section 214 of Born. V of 1879 In sub-section (2) of section 214 of the principal Act, after clause (h), the following clause shall be inserted, namely:- "(hh) prescribing the authority to which, the manner in which, and the times at which, the conversion tax shall be payable by an occupant under section 67A;"." 1. Short title and commencement "1. (1) This Act may be called the Bombay Land Revenue (Gujarat Amendment) Act, 1976. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint." 2. Amendment of section 67A of Bom. V of 1879 In section 48 of the Bombay Land Revue Code, 1879, as in force in the State of Gujarat (hereinafter referred to as the principal Act),- (i) for sub-section (1), the following sub-section shall be substituted, namely: - "(I) The land revenue leviable on any land under the provisions of this Act shall be assessed, or shall be deemed to have been assessed, as the case may be, with reference to the use of the land- (a) for the purpose of agriculture; (b) for the purpose of residence; (c) for the purpose of industry; (d) for the purpose of commerce; (e) for any other purpose."; (ii) in sub-section (2),- (a) for the words "Where land assessed for use for any purpose is used for any other purpose", the words, figures and letters "Where land assessed for use for any purpose is permitted or deemed to have been permitted under section 65, or, as the case may be, under section 65A, to be used for any other purpose, or is used for any other purpose without the permission of the Collector being first obtained or before the expiry of the period prescribed by section 65, or, as the case may be, by section 65A" shall be substituted; (b) after the words "fixed at a different rate", the words "with effect from the commencement of the revenue year in which the land is so permitted or deemed to have been permitted to be used, or, as the case may be, is used without the permission of the Collector". shall be inserted. 1. Short title and commencement (1) This Act may be called the Bombay Land Revenue (Gujarat Amendment) Act, 1976. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 3 of Bom. V of 1879 In section 48 of the Bombay Land Revenue Code, 1879, as in force in the State of Gujarat (hereinafter referred to as the principal Act),- (i) for sub-section (I), the following sub-section shall be substituted, namely:- "(1) The land revenue leviable on any land under the provisions of this Act shall be assessed, or shall be deemed to have been assessed, as the case may be, with reference to the use of the land- (a) for the purpose of agriculture; (b) for the purpose of residence; (c) for the purpose of industry; (d) for the purpose of commerce; (e) for any other purpose."; (ii) in sub-section (2),- (a) for the words "Where land assessed for use for any purpose is used for any other purpose", the words, figures and letters "Where land assessed for use for any purpose is permitted or deemed to have been permitted under section 65, or, as the case may be, under section 65A, to be used for any other purpose, or is used for any other purpose without the permission of the Collector being first obtained or, before the expiry of the period prescribed by section 65, or, as the case may be, by section 65A" shall be substituted; (b) after the words "fixed at a different rate", the words "with effect from the commencement of the revenue year in which the land is so permitted or deemed to have been permitted to be used, or, as the case may be, is used without the permission of the Collector" shall be inserted. 3. Substitution of section 135B of Bom. V of 1879 In section 65 of the principal Act, the last paragraph and the marginal note thereto shall be omitted. 4. Substitution of section 135C of Bom. V of 1879 After section 65 of the principal Act, the following section shall be inserted, namely :- "65A. Where the occupant of any land assessed or held for any non-agricultural purpose wishes to use such land or part thereof for any other non-agricultural purpose, the Collector's permission shall in the first place be applied for by him and the provisions of section 65 shall, so far as may be, apply to such application. Explanation.-In this section, and section 67A, "non-agricultural purpose" means any of the purposes specified in clauses (b) to (e) of sub-section (1) of section 48.". 5. Substitution of section 135D of Bom. V of 1879 For section 66 of the principal Act, the following section shall be substituted, namely :- "66. If any land referred to in section 65 or section 65A be used for any purpose other than the purpose for which such land is assessed or held without the permission of the Collector being first obtained, or before the expiry of three months from the date of application for such permission, the occupant and any tenant or other person holding under or through him shall, without prejudice to the occupant's liability to pay the new assessment which may be leviable under the provisions of section 48, be liable to be summarily evicted by the Collector from the land so used and from the entire survey number or sub-division of the survey number of which it may form a part. Any tenant of any occupant or any other person holding under or through an occupant, who shall without the occupant's consent use any such land for any such purpose, and thereby render the said occupant liable to the penalty aforesaid, shall be responsible to the said occupant in damages.". 6. Substitution of sections 135E of Bom. V of 1879 "135E. (1) Any person, whose rights, interests or liabilities are required to be, or have been entered in any record of register under this Chapter, shall be bound, on the requisition by any designated officer, engaged in compiling or revising the record of register, to furnish or produce, either manually or electronically, for his inspection, within the period as may be prescribed, all such information or documents needed for the correct compilation or revision thereof, as the case may be, within his knowledge or in his possession or power. (2) Any designated officer, to whom any information is furnished, or before whom, any document is produced, either electronically or manually, in accordance with the requisition under sub-section (1), shall at once, give written acknowledgement thereof, in the same manner to the person furnishing or producing the same, and shall endorse, on any such document, a note under his signature stating the fact of its production and the date thereof, where the automated process has not been initiated.". 7. Amendment of section 135F of Bom. V of 1879 In the principal Act, in section 135F, for the words "twenty-five", the words "onethousand" shall be substituted.. 8. Deletion of section 135I of Bom. V of 1879 Deletion of section 135I of Bom. V of 1879 9. Amendment of section 135K of Bom. V of 1879 In the principal Act, in section 135K, for the words "the village accountant, Mahalkari", the words "the designated officer" shall be substituted. 1. Short title and commencement (I) This Act may be called the Bombay Land Revenue (Gujarat Amendment) Act, 1976. (2) It shall come into force on such date as the State Government may, by notification in the Officinl Gazette, appoint. 2. Amendment of section 18 of Bom. V of 1879 In section 48 of the Bombay Land Revenue Code, 1879, as in force in the State of Gujarat (hereinafter referred to as the principal Act),— (i) for sub-section (1), the following sub-section shall be substituted, namely:— "(1) The land revenue leviable on any land under the provisions of this Act shall be assessed, or shall be deemed to have been assessed, as the case may be, with reference to the use of the land— (a) for the purpose of agriculture; (b) for the purpose of residence; (c) for the purpose of industry; (d) for the purpose of commerce; (e) for any other purpose."; (ii) in sub-section (2),— (a) for the words "Where land assessed for use for any purpose is used for any other purpose", the words, figures and letters "Where land assessed for use for any purpose is permitted or deemed to have been permitted under section 65, or, as the case may be, under section 65A, to be used for any other purpose, or is used for any other purpose without the permission of the Collector being first obtained or, before the expiry of the period prescribed by section 65, or, as the case may be, by section 65A" shall be substituted; (b) after the words "fixed at a different rate", the words "with effect from the commencement of the revenue year in which the land is so permitted or deemed to have been permitted to be used, or, as the case may be, is used without the permission of the Collector" shall be inserted. 3. Insertion of new Chapter IX-A "12SA. In this chapter, unless there is anything repugnant to the subject or context- (1) "Lands in transitional area" means the lands in village, town or the city area described in sub-section (1) of section 125B and as determined and fixed by the Collector under sub-section (2) of section 125B and such others; (2) "Certificate of claim" means the certificate issued by the authorised revenue officer for effecting entry in the Register of Mutations during the relevant period and reflecting Government dues, if any, payable by the claimant; (3) "Certificate of No Dues" means the certificate issued by the authorised revenue officer reflecting the full payment of compounding fee, supplemental revenue settlement fee, and all government dues, including premium etc, as the case may be, for the purpose of reporting of acquisition of right under section 135C; (4) "Claimant" means a person who claims to be in actual and peaceable possession of the private land situated in the transitional area during the relevant period; (5) "Compounding Fee" means the consolidated sum of money to be paid by the claimant, prior to determination of claim under sub-section (3) of section 125K for securing of specified proceedings under the provisions of Acts mentioned in sub-section (1) of section 125F as specified by the State Government by notification in the Official Gazette; (6) "Government dues" means such amount of money that would have become payable to Government by the claimant in respect of violation of the provisions of laws or otherwise mentioned in sub-section (1) of section 125F except the compounding fees and includes such amounts as are payable under section 148, and section 73B in respect of his land; (7) "prescribed" means prescribed by rules made by the State Government; (8) "Relevant period" means such period as the prescribed by the Government after the date of coming into force of the amending Act of 2017. (9) "Supplemental Revenue Settlement" means the supplemental revenue settlement conducted under this chapter in order to determine and to bring on record, the current status of lands in transitional area that constitutes a portion of or an adjunct to a village, town or city area or any other by compounding violations of revenue laws mentioned in section 125F on payment of compounding fees, an amount of premium and all other Government dues; (10) "Supplemental Revenue Settlement fee" means the supplemental revenue settlement fee as maybe prescribed by the State Government; (11) "State" mean s the State of Gujarat." CHAPTER X-A OF LANDS WITHIN TRANSITIONAL AREAS 125A. Interpretation section "125A. In this chapter, unless there is anything repugnant to the subject or context- (1) "Lands in transitional area" means the lands in village, town or the city area described in sub-section (1) of section 125B and as determined and fixed by the Collector under sub-section (2) of section 125B and such others; (2) "Certificate of claim" means the certificate issued by the authorised revenue officer for effecting entry in the Register of Mutations during the relevant period and reflecting Government dues, if any, payable by the claimant; (3) "Certificate of No Dues" means the certificate issued by the authorised revenue officer reflecting the full payment of compounding fee, supplemental revenue settlement fee, and all government dues, including premium etc, as the case may be, for the purpose of reporting of acquisition of right under section 135C; (4) "Claimant" means a person who claims to be in actual and peaceable possession of the private land situated in the transitional area during the relevant period; (5) "Compounding Fee" means the consolidated sum of money to be paid by the claimant, prior to determination of claim under sub-section (3) of section 125K for securing of specified proceedings under the provisions of Acts mentioned in sub-section (1) of section 125F as specified by the State Government by notification in the Official Gazette; (6) "Government dues" means such amount of money that would have become payable to Government by the claimant in respect of violation of the provisions of laws or otherwise mentioned in sub-section (1) of section 125F except the compounding fees and includes such amounts as are payable under section 148, and section 73B in respect of his land; (7) "prescribed" means prescribed by rules made by the State Government; (8) "Relevant period" means such period as the prescribed by the Government after the date of coming into force of the amending Act of 2017. (9) "Supplemental Revenue Settlement" means the supplemental revenue settlement conducted under this chapter in order to determine and to bring on record, the current status of lands in transitional area that constitutes a portion of or an adjunct to a village, town or city area or any other by compounding violations of revenue laws mentioned in section 125F on payment of compounding fees, an amount of premium and all other Government dues; (10) "Supplemental Revenue Settlement fee" means the supplemental revenue settlement fee as maybe prescribed by the State Government; (11) "State" mean s the State of Gujarat." 125B. Limits of village sites of towns and cities and transitional areas how to be fixed (1) Where the State Government is of the opinion that,- (a) due to the development taking place in the State, there has come into existence certain areas, where areas have enlarged beyond either the village defined in section 118 or town or city defined in section 126 or combination of both and other areas; (b) entirely new or otherwise hybrid areas comprised of the admixture of rural, semi urban or urban areas have come into existence with or without the violation of the terms and conditions or the restrictions provided for in the Gujarat Land Revenue Code, 1879 and other revenue laws leading to creation of inchoate rights, titles and interest over the lands resulting in the Register of Mutations and the Record of Rights not showing the actual status of the holding of lands, etc. (2) The State Government may, by general or special order, direct the Collector of the concerned district to determine what lands from those included in the site of village, town or the city and others be included in the transitional area and fix the limits of the same. It shall be lawful for the Collector, when so directed by the State Government to determine the same. (3) The Collector shall send a report of the determination and fixation of the limits of such transitional area made by him under sub-section (2), to the State Government for approval. 125C. Introduction of Supplemental Revenue Settlement Notwithstanding anything contained in this Act, but subject to the provisions of this Chapter, whenever it may seem expedient, the State Government may direct supplemental revenue settlement in respect of whole or any part of the transitional area determined and fixed by the Collector under section 125B, of any land other than the lands described in section 125F, with a view to the settlement of the land revenue and to the record and preservation of the rights connected therewith, or any other similar purpose. 125D. Appointment of Revenue Officers The State Government may, on receipt of report under section 125B, appoint, by notification in Official Gazette, authorise such number of revenue officers and for such areas as it may deem necessary, to carry out supplemental revenue settlement for the respective areas. 125E. Process to be followed for Supplemental Revenue Settlement The revenue officer authorised under section 125D shall follow the summary process of supplemental revenue settlement in respect of the lands in the transitional area in accordance with sections 125G to 125L. 125F. Of compounding fee for violations and Exclusions from Supplemental Revenue Settlement (1) Where the land for which the prior sanction of the Collector under following Acts was required, but has not been taken and unauthorised development or violations have taken place, it shall be lawful for the State Government to levy Compounding Fee except amount of premium and other Government dues as would have been leviable for breach of condition or provisions, as the case may be, of following Acts- (i) sections 65 and 68 of the Gujarat Land Revenue Code, 1879; (ii) section 43 of the Gujarat Tenancy and Agricultural Lands Act, 1948; (iii) section 57 of the Gujarat Tenancy and Agricultural Lands (Vidarbh Region and Kutch Area) Act, 1958; (iv) leviable and chargeable stamp duty under provision of the Gujarat Stamp Act, 1958; (v) sections 7, 8 and 31 of the Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947; (vi) any other section under various revenue laws as may be specified by the State Government by notification in the Official Gazette. (2) The lands falling in the following categories shall not be subjected to supplemental revenues settlement, namely:- (a) all un-alienated government lands; (b) the lands belonging to the local authority or the statutory authority; (c) the lands of tribals under section 73AA of the Gujarat Land Revenue Code, 1879; (d) the lands fixed or reserved under the town planning schemes under the Gujarat Town Planning and Urban Development Act, 1976; (e) the lands allotted under Saurashtra Bhudan Yagna Act, 1953; (f) lands allotted on new and impartible tenure basis acquired under the provisions of Gujarat Agricultural Land Ceiling Act, 1960; and (g) waterways and water bodies, lakes, riverbeds and natural drainage system. (h) open private lands including lands which are of open agricultural use and lands used for open non agricultural purpose in accordance with section 65 and items below Para II of clause (b) of sub-section (1) of section 65B. (i) any other land as may be specified by the State Government by notification in the Official Gazette. 125G. Public notice by revenue officer For the purpose of conducting supplemental revenue settlement, the revenue officer shall issue a public notice calling upon the claimants to make an application in such manner and within such period as may be prescribed. 125H. Application by claimant (1) The claimant shall submit, along with his application for the purpose of his possession during the relevant period, anyone or more of the following documents, namely:- (i) sale deed; (ii) sale agreement; (iii) agreement to sale; (iv) any document evidencing possession. (2) The claimant shall, for the purpose of his identity, submit along with his application, anyone or more of the following documents, namely:- (i) PAN Card; (ii) Aadhar Card; (iii) Passport; (iv) Driving License; (v) Voter ID Card. (3) If any person does not apply under section 125H, it shall be open for the authorised revenue officer to conduct supplemental revenue survey in respect of such land and in accordance with the provisions of sections 125I to 125L and possession of such person shall be subject to payment up to four times the supplemental revenue settlement fee or, as the case may be, the compounding fee. 125I. Notice to claimants by authorised revenue Officer (1) The authorised revenue officer shall serve or cause to be served a notice to the claimants in writing in the manner as may be prescribed, with regard to the claim of possession made by the claimant. (2) After issuance of notice under sub-section (1), the authorised revenue officer shall follow the procedure prescribed in sections 96 and 97, mutatis mutandis. (3) The burden of proving possession during the relevant period shall lie on the claimant. 125J. Notice for inviting objections by Revenue Officer (1) The authorised revenue officer shall, after receiving the application under section 125H, issue a notice in such form as may be prescribed, inviting thereby, objections from any person within a period of one month from the date of such notice with regard to the claim of possession by the claimant during the relevant period. 125K. Decision of Authorised Revenue Officer and Determination of Supplemental Revenue Settlement Fee (1) In case where no objections are received pursuant to the notice under section 125J, the authorised revenue officer shall consider the genuineness of the claim and after affording an opportunity of being heard to the claimant, may grant the application of the claimant, unless contrary is proved. (2) In case where the objections have been received pursuant to the notice under section 125J, the authorised revenue officer shall consider the same and after giving an opportunity of being heard to all concerned and considering the claims made by them, may either grant the application of the claimant or reject the same. (3) In case where the claimant's application is not rejected under sub-section (2) and the authorised revenue officer is satisfied about the genuineness of the claim of the claimant for possession during the relevant period, he shall issue a notice to the claimant directing him to make payment of such supplemental revenue settlement fees or, as the case may be, the compounding fees, and amount of premium and other Government dues, if any, as may be determined by the State Government. 125L. Issue of certificate of claim by authorised revenue officer (1) On the receipt of supplemental revenue settlement fee or, as the case may be, the compounding fee from the claimant the authorized revenue officer shall issue a certificate of claim reflecting the payment of such compounding fee and supplemental revenue settlement fee; and indicating amount of premium and other Government dues payable, if any, for effecting entry in the Register of Mutations during the relevant period in such format and manner as maybe prescribed by the State Government. (2) The certificate issued by the authorized revenue officer shall be valid up to 90 days. During this period, if the claimant pays the Government dues and premium etc. as indicated in the certificate, an entry to this effect shall be made in the Register of Mutations and a Certificate of No Dues shall be issued which shall be valid for reporting of acquisition of right under section 135C. If the claimant does not make the payment of the Government dues and premium as indicated within the period of 90 days, the revenue officer shall proceed to make an entry in the Register of Mutations reflecting a charge of Government dues in the said entry against the claimant. (3) If at any point thereafter, claimant desires to make payment of Government dues and discharges the same, the entry of charges is deleted against his claimed occupancy, he shall apply to the authorized revenue officer in the prescribed manner and format as maybe notified by the State Government from time to time, for issuance of Certificate of No Dues, which shall be valid for reporting of acquisition of right under section 135C. 125M. Appeal (1) Any person being aggrieved by an order of the Revenue Officer passed under sub-section (1) or sub-section (2) of section 125K may prefer an appeal before such Appellate Officer, within a period of six months from the date of such order. Provided that if the Appellate Officer is satisfied that such person was prevented from preferring an appeal within the prescribed time limit for sufficient cause, he may entertain the appeal even after such prescribed time limit but not exceeding further six months from the date of the order. (2) The State Government may appoint, by notification in the Official Gazette, as many officers of such rank as Appellate Officers for different areas as it may deem necessary. (3) The Appellate Officer shall, after affording an opportunity of being heard to such person, may confirm, revise or dismiss the order against which appeal is preferred. 125N. Revision (1) The State Government or such revenue officer authorised by the State Government may call for and examine the record of any proceeding of any authorised revenue officer for the purpose of satisfying itself or himself, as the case may be, as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such officer. If in any case, it shall appear to the State Government, or to such Officer that any decision or order or proceedings so called for contains any infirmity, it or he may remand the matter to such authorised revenue officer to conduct the proceedings afresh. 125O. Bar of jurisdiction of civil courts No Civil Court shall have any jurisdiction to deal with or decide any question touching the issue of certificate by the authorised revenue officer under section 125L or any entry in the Register of Mutations and no injunction shall be granted by any Civil Court in respect of any action taken or to be taken in pursuance of such power under this Chapter. 125P. Indemnity No suit or other legal proceedings shall lie against the State Government or any officer of the State Government in respect of anything which is in good faith done or intended to be done by or under this Chapter. 125Q. Superintendence and Control of the Settlement Commissioner over Collectors and other Revenue Officers The Collector and the authorised revenue officers subordinate to him shall be subject to the control and superintendence of the Settlement Commissioner, subject to the overall administrative control of the State Government. 125R. Power of Settlement Commissioner to prescribe registers, forms etc For carrying out the purposes of this chapter, the Settlement Commissioner shall prescribe various registers, forms, formats etc. 125S. Direction to Collector The State Government may, on being satisfied that the supplemental revenue settlement in whole or part of the transitional area is substantially complete, it may direct the Collector to take such action, in respect of such area, under section 118 or, as the case may be, section 126, as it may deem necessary. 125T. Chapter IX-A to have overriding effect Notwithstanding anything contained in any other State Act, the provisions of this Chapter shall have overriding effect. 125U. Power to remove difficulties (1) If any difficulty arises in giving effect to the provisions of the amending Act of 2017, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of the amending Act of 2017. (2) No order made under sub-section (1) shall be questioned in any Court of law on the ground that no difficulty, as referred to in the said sub-section, existed. (3) Every order made under this section shall be laid as soon as may be, after it is made, before the State Legislature. 4. Amendment of section 131 of Bom. V of 1879 "Amendment of section 131 of Bom. V of 1879" Provided further that it shall be lawful for the State Government to prescribe the manner and format of the record to be maintained in respect of such survey and to take cognizance thereof of all revenue record that has been created by virtue of operation of this section hitherto and to prescribe the nature and format of the Register of Mutations and the Record of Rights created as an outcome of the survey.". 5. Amendment of section 133 of Bom. V of 1879 "Amendment of section 133 of Bom. V of 1879" (2) The Certificate of No Dues shall be granted by the authorised revenue officer in a like manner as provided in sub- section (2) and sub-section (3) of section 125L and in the format as maybe prescribed by the State Government.". 6. Insertion of new section 133A of Bom. V of 1879 Every holder of Certificate of No Dues shall be eligible to report his claim for entry in the Record of Rights as provided under section 135C. 7. Amendment of section 135B of Bom. V of 1879 In the principal Act, in section 135B, in sub-section (1), after the words "maintained in every village", the words "maintained in every village, town, transitional area and city" shall be inserted. 8. Amendment of Section 135C of Bom. V of 1879 In section 135G of the Bombay Land Revenue Code, 1879, for the words "shall report orally or in writing", the words "shall report in writing" shall be substituted. 9. Amendment of Section 214 of Bom. V of 1879 In subsection (2) of section 214 of the principal Act, after clause (h), the following clause shall be inserted, namely:- "(hh) prescribing the authority to which, the manner in which, and the times at which, the conversion tax shall be payable by an occupant under section 67A;". 1. Short title and commencement (1) This Act may be called the Bombay Land Revenue (Gujarat Amendment) Act, 1976. (2) It shall come into force on such date as the State Government may, by notification in the Officinl Gazette, appoint. 2. Substitution of section 67A After sec:ion 67 of tllc principal Act, the foIlo.xing section xh:~Il be insert- Illsrrti~n of IlClV crl, namely : - ecctioli ti7A. 67A. (I) Where any land assessed or hcld For the purpose of ngriculturc Pa~lnellt nf convcrsion and situated in an area s~cified in colunln (2) oE the Table below (hereafter tax by in this section rcfcrred to as the specified areah OCC\I~)RI)~ fnr chm~~go nf UWI r,f (d is permitted. or deemed to ]lave been permitted, under section 65, to be used for any other purpose: or flPeAR. {b) is used for any other purpsc: without the permission of the Collector king first obtaincd or before the expiry of the priod prescribed in that section, the occupant of sucll land shall be liable to pay to #the State Government, a tax rtt 1l1e rl;te specified in the corresponding cntry in column (3), colnn-ln (4), or column (5). as the caue niay be. of the said Table from tllc datc on which sucll permission is. or is dcrrl~ed to have been, granted, or from thc date on which the'lartd is 1:ut to such use, whichever is earlicr. (2) Where any land assessed or held for any non-agricultural purpose (here- after in this section referred to as the existing non-agricultural purpose) and situatcd in a specified area- (o) is nermittcd or is deemed to have ken ~rmitted, under section 65A, to be used for any other non-agricultural purpose: or (b) is used for any other ncn-agricultural purpose without the permissioi~ of the Colleclur being first obtained or before the expiry of three months from the date of application for such permission, the occupant of such land shall be liablc to pay to the S:ute Government, a tax at such rate as is equivalent to the difference betwzen the rate of tax applicable lo the other non-agricultural purpose spccificd in the corraponding cntry in coIuniri (3), column (4) or columtl IS), as the case may be. of the Table bclow and the rate of tax applicable to the existing non-agriculturat purpose specified in the said columns: Provided that no tax shall be payable under this sub-section if the rate of tax applicabIe to the other non-agricultural purpose is Iower than the rate applicable to the existing tion-agricoltura1 purpose. (3) The tax payable ur~der [his scction shall bc kr;own as conversion tax and shall be payable by the occupant to such authority, in such manner and at such times as may be prescribed by rules made uoder section 214. 3. Section 65 (Amendment) In section 65 of the principal Act, the last paragraph and the marginal note thereto shall be omitted. 4. Section 65A (Insertion) After section 65 of the principal Act, the following section shall be inserted, namely: - "65A. Where the occupant of any land assessed or held for any non-agricultural purpose wishes to use such land or part thereof for any other non-agricultural purpose, the Collector's permission shall in the first place be applied for by him and the provisions of section 65 shall, so far as may be, apply to such application. Explanation.-In this section, and section 67A, "non-agricultural purpose" means any of the purposes specified in clauses (b) to (e) of sub-section (1) of section 48.". 5. Section 66 (Amendment) "66. If any land referred to in section 65 or section 65A be used for any purpose other than the purposc for which such land is assessed or held with- out the permission of the Collector beiiig first obtained, or before the expiry of three months from the date of application for such permission. the occupant and any tenant or other person holding under or through him shall, without prejudice lo the occupant's liability to pay thc new assessment which may be leviable under the provisions of section 48, k liable to be summarily evicted by the Collector from the land so used and from the entire survey number or sub-division of the survey number of which it may form a part. Any tenant of any occupant or any other person holding uridcr or through an occupant, who shall without the mcupant's consent use any such land for any such purpose, and thereby render the said occupant liable t~ tIlc penalty afore- said, shall be responsible to the said occupant in damages.". 6. Section 67 (Amendment) In section 67 of the principal Act, for the words "in the last two precedii~a s-ctio!~~". the words, figures and letter "in sections 65. 65A and 66" sll;~!l b: substituted. 7. Section 67A (Insertion) (1) Where any land assessed or held for the purpose of agriculture and situated in an area specified in column (2) of the Table below (hereafter in this section referred to as the specified area)— (a) is permitted, or deemed to have been permitted, under section 65, to be used for any other purpose: or (b) is used for any other purpose without the permission of the Collector being first obtained or before the expiry of the period prescribed in that section, the occupant of such land shall be liable to pay to the State Government, a tax at the rate specified in the corresponding entry in column (3), column (4), or column (5), as the case may be, of the said Table from the date on which such permission is, or is deemed to have been, granted, or from the date on which the land is put to such use, whichever is earlier. (2) Where any land assessed or held for any non-agricultural purpose (here- after in this section referred to as the existing non-agricultural purpose) and situated in a specified area— (a) is permitted or is deemed to have been permitted, under section 65A, to be used for any other non-agricultural purpose: or (b) is used for any other non-agricultural purpose without the permission of the Collector being first obtained or before the expiry of three months from the date of application for such permission, the occupant of such land shall be liable to pay to the State Government, a tax at such rate as is equivalent to the difference between the rate of tax applicable to the other non-agricultural purpose specified in the corresponding entry in column (3), column (4) or column (5), as the case may be, of the Table below and the rate of tax applicable to the existing non-agricultural purpose specified in the said columns: Provided that no tax shall be payable under this sub-section if the rate of tax applicable to the other non-agricultural purpose is lower than the rate applicable to the existing non-agricultural purpose. (3) The tax payable under this section shall be known as conversion tax and shall be payable by the occupant to such authority, in such manner and at such times as may be prescribed by rules made under section 214. 8. Section 187 (Amendment) In section 187 of the principal Act, for the words "All sums due on account of land revenue", the words "All sums due on account of land revenue, conver- sion tax" shall be substituted. 9. Section 214 (Amendment) In sub-section (2) of section 214 of the principal Act, after clause (h), the following clause shall be inserted, namely:- "(hh) prescribing the authority to which, the manner in which, and the times at which, the conversion tax shall be payable by an occupant under section 67A;". 73AA. Section 73AA (Insertion) (1) Notwithstanding anything contained in section 73, an occupancy of a person belonging to any of the Scheduled Tribes (hereafter in this section and in section 73AB referred to as "the tribal") shall not be transferred to any person without the previous sanction of the Collector. (2) The previous sanction of the Collector under sub-section (1) may be given in such circumstances and subject to such conditions as may be prescribed. (3) (a) Where a tribal has transferred the possession of his occupancy to another tribal in contravention of sub-section (1), the tribal transferor or his successor in interest may, within two years of such transfer, apply to the Collector that the possession of such occupancy may be restored to him and thereupon the Collector shall, after issuing a notice to the transferee or his successor in interest, as the case may be, in the prescribed form to show cause why he should not be disentitled to retain possession of the occupancy and after holding such inquiry as he deems fit, declare that the transferee or his successor in interest shall not be entitled to retain possession of the occupancy and that the occupancy shall be restored to the tribal transferor or his successor in interest, as the case may be, on the same terms and conditions on which the transferor held it immediately before the transfer and subject to his acceptance of the liability for payment of arrears of land revenue in respect of such occupancy in accordance with the rules made by the State Government and that the transferee or his successor in interest, as the case may be, shall be deemed to be unauthorisedly occupying the occupancy: Provided that such declaration shall stand revoked if the tribal transferor, or, as the case may be, his successor in interest fails or refuses in writing to accept the restoration of the possession of such occupancy within the prescribed period. (b) If— (i) a tribal in contravention of sub-section (1) of section 73A or of any other law for the time being in force has transferred his occupancy to another tribal at any time during the period commencing on the 4th April, 1961 and ending on the day immediately before the date of commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980, and (ii) the tribal transferee or his successor in interest has not been evicted from such occupancy under section 79A, the transfer of occupancy shall be deemed to be a transfer made with the previous sanction of the Collector. (4) Where a tribal— (a) in contravention of sub-section (1) of this section or of sub-section (1) of section 73A, or of any other law for the time being in force, transfers his occupancy to any person other than a tribal (hereafter in this section and in section 73AB referred to as "the non-tribal") at any time on or after the date of commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 (hereafter in this section referred to as "the said date"); or (b) in contravention of sub-section (1) of section 73A or of any other law for the time being in force has transferred his occupancy to a non-tribal at any time before the said date, the Collector shall, notwithstanding anything contained in any law for the time being in force, either suo-motu at any time, or on an application made by the tribal transferor or his successor-in-interest at any time within three years from the said date or the date of such transfer, whichever is later, after issuing a notice to the transferee or his successor in interest, as the case may be, to show cause why the transfer should not be declared void and after making such inquiry as he thinks fit, declare the transfer of such occupancy to be void and thereupon the occupancy together with the standing crops thereon, if any, shall vest in the State Government free from all encumbrances. (5) Where an occupancy is vested in the State Government under sub-section (4) and such occupancy was assessed or held for the purposes of agriculture immediately before its transfer by the tribal transferor, the Collector shall, after taking necessary action under sections 84 and 202, give notice to the tribal transferor or his successor in interest, as the case may be, requiring him to state in writing within ninety days from the date of receipt of such notice whether he is willing to purchase the occupancy and cultivate it personally, and if such tribal transferor or his successor-in-interest agrees to purchase the occupancy and undertakes to cultivate it personally, it may be granted to him on payment of the occupancy price. (6) If within the said period of ninety days the transferor or his successor in interest does not intimate his willingness to purchase the occupancy and to cultivate it personally, or fails to pay the occupancy price within such period as may be fixed by the Collector, the occupancy shall be granted to any other tribal residing in the same village or in any other village situated within such distance from the village as may be prescribed, on the same conditions, including the payment of the occupancy price, as are specified in sub-section (5), and if he is not available, it shall be granted to other classes of persons in such order of priority, at such occupancy price and subject to such conditions as may be prescribed. (7) If any occupancy is transferred to a non-tribal in contravention of sub-section (1), such non-tribal shall, without prejudice to any other liability to which he may be subject, be liable to pay to the State Government, a penalty not exceeding three times the value of the occupancy, such penalty and value to be determined by the Collector, and such determination shall be final: Provided that before levying any such penalty, the non-tribal shall be given a reasonable opportunity of being heard. (8) The penalty payable under sub-section (7) shall, if it is not paid within the time specified by the Collector, be recoverable as an arrear of land revenue. Explanation.—For the purposes of this section,— (i) "prescribed" means prescribed by rules made under section 214; (ii) "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under article 342 of the Constitution; (iii) "to cultivate personally" shall have the meaning assigned to it in clause (6) of section 2 of the Bombay Tenancy and Agricultural Lands Act, 1948. 73AB. Section 73AB (Insertion) (1) Notwithstanding anything contained in section 73, an occupancy of a person belonging to any of the Scheduled Tribes (hereafter in this section and in section 73AB referred to as "the tribal") shall not be transferred to any person without the previous sanction of the Collector. (2) The previous sanction of the Collector under sub-section (1) may be given in such circumstances and subject to such conditions as may be prescribed. (3) (a) Where a tribal has relinquished the possession of his occupancy to another tribal in contravention of sub-section (1), the tribal transferor or his successor in interest may, within two years of such transfer, apply to the Collector that the possession of such occupancy may be restored to him and thereupon the Collector shall, after issuing a notice to the transferee or his successor in interest, as the case may be, in the prescribed form to show cause why he should not be disentitled to retain possession of the occupancy and after holding such inquiry as he deems fit, declare that the transferee or his successor in interest shall not be entitled to retain possession of the occupancy and that the occupancy shall be restored to the tribal transferor or his successor in interest, as the case may be, on the same terms and conditions on which the transferor held it immediately before the transfer and subject to his acceptance of the liability for payment of arrears of land revenue in respect of such occupancy in accordance with the rules made by the State Government and that the transferee or his successor in interest, as the case may be, shall be deemed to be unauthorisedly occupying the occupancy: Provided that such declaration shall stand revoked if the tribal transferor, or, as the case may be, his successor in interest fails or refuses in writing to accept the restoration of the possession of such occupancy within the prescribed period. (b) If— (i) a tribal in contravention of sub-section (1) or of section 73A or of any other law for the time being in force has transferred his occupancy to another tribal at any time during the period commencing on the 4th April, 1961 and ending on the day immediately before the date of commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980, and (ii) the tribal transferee or his successor in interest has not been evicted from such occupancy under section 79A, the transfer of occupancy shall be deemed to have been made with the previous sanction of the Collector. (4) Where a tribal— (a) in contravention of sub-section (1) of this section or of sub-section (1) of section 73A, or of any other law for the time being in force, transfers his occupancy to any person other than a tribal (hereafter in this section and in section 73AB referred to as "the non-tribal") at any time on or after the date of commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 (hereafter in this section referred to as "the said date"); or (b) in contravention of sub-section (1) of section 73A or of any other law for the time being in force has transferred his occupancy to a non-tribal at any time before the said date, the Collector shall, notwithstanding anything contained in any law for the time being in force, either suo-motu at any time, or on an application made by the tribal transferor or his successor-in-interest at any time within three years from the said date or the date of such transfer, whichever is later, after issuing a notice to the transferee or his successor-in-interest, as the case may be, to show cause why the transfer should not be declared void and after making such inquiry as he thinks fit, declare the transfer of such occupancy to be void and thereupon the occupancy together with the standing crops thereto, if any, shall vest in the State Government free from all encumbrances. (5) Where an occupancy is vested in the State Government under sub-section (4) and such occupancy was assessed or held for the purposes of agriculture immediately before its transfer by the tribal transferor, the Collector shall, after taking necessary action under sections 68 and 202, give notice to the tribal transferor or his successor in interest, as the case may be, requiring him to state in writing within ninety days from the date of receipt of such notice whether he is willing to purchase the occupancy and cultivate it personally, and if such tribal transferor or his successor-in-interest claims to purchase the occupancy and undertakes to cultivate it personally, it may be granted to him on payment of the prescribed occupancy price. (6) If within the said period of ninety days the transferor or his successor in interest does not intimate his willingness to purchase the occupancy and to cultivate it personally, or fails to pay the occupancy price within such period as may be fixed by the Collector, the occupancy shall be granted to any other tribal residing in the same village or in any other village situated within such distance from the village as may be prescribed, on the same conditions, including the payment of the occupancy price, are as specified in sub-section (5), and if he is not available it shall be granted to other classes of persons in such order of priority, at such occupancy price and subject to such conditions as may be prescribed. (7) Where any occupancy is transferred to a non-tribal in contravention of sub-section (1), such non-tribal shall, without prejudice to any other liability to which he may be subject, be liable to pay to the State Government, a penalty not exceeding three times the value of the occupancy, such penalty and value to be determined by the Collector, and such determination shall be final: Provided that before levying any such penalty, the non-tribal shall be given a reasonable opportunity of being heard. (8) The penalty payable under sub-section (7) shall, if it is not paid within the time specified by the Collector, be recoverable as an arrear of land revenue. Explanation.—For the purposes of this section,— (i) "prescribed" means prescribed by rules made under section 214; (ii) "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under article 342 of the Constitution; (iii) "to cultivate personally" shall have the meaning assigned to it in clause (6) of section 2 of the Bombay Tenancy and Agricultural Lands Act, 1948. 73B. Section 73B (Insertion) Notwithstanding anything contained in section 73 or in sub-section (1) of section 73AA or, in any condition lawfully annexed to the tenure, but subject to the provisions contained in section 56, it shall be lawful for an occupant to mortgage, or create a charge on his interest in his occupancy 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, as in force in the State of Gujarat or in favour of a bank or a co-operative society, and without prejudice to any other remedy open to the State Government, bank or co-operative society, as the case may be, in the event of his making default in the payment of such loan in accordance with the terms on which such loan was granted, it shall be lawful for the State Government, bank or co-operative society, as the case may be, to cause his interest in the occupancy to be attached and sold and the proceeds to be applied in payment of such loan: Provided that if such occupant is a tribal his interest in the occupancy shall not be sold to a non-tribal without the previous sanction of the Collector. Explanation.—For the purposes of this section "bank" means— (i) the State Bank of India constituted under the State Bank of India Act, 1955; (ii) any subsidiary bank as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959; (iii) any corresponding new bank as defined in clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. 132. Section 132 (Amendment) In the Bombay Land Revenue Code, 1879, in section 132, for the words " provided that the said fee shall jn no case exceed twenty rup:cs for each building site or any portion thereof held separately" the words " provided that the said fee skll in no case excecd such amount for each building site or any portion thereof held separately as the Statc Government may, having regard tir the cost ordinarily i~icurred in such survey oprations, svcify in those rules" shall be substituted. 135B. Section 135B (Substitution) In the principal Act, in section 135B, for the words "shall report orally or in writing, fie mnb ac~baU rapart in writiog" dd be subrtiCuhd. 135C. Section 135C (Substitution) "135C. Any person acquiring the right on any land by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise any right as holder, occupant, owner, mortgagee, assignee of the rent thereof, shall make a report of such acquisition of such right, either manually or electronically, to the designated officer within the period of three months from the date of such acquisition, and the said designated officer shall at once, give a written acknowledgement of the receipt of such report to the person making it : Provided that where the person acquiring the right is a minor, or otherwise disqualified, his guardian or other person, having charge of his property, shall make the report to the designated officer : Provided further that any person acquiring a right by virtue of a registered document shall be exempted from the obligation to report to the designated officer. Explanation I.- The rights mentioned above include a mortgage without possession, but do not include an easement or a charge not amounting to a mortgage of the kind specified in section 100 of the Transfer of Property Act, 1882. Explanation II.- A person in whose favour a mortgage is discharged or extinguished, or lease determines, acquires a right within the meaning of this section.". 135D. Section 135D (Substitution) "135D. (1) (a) The designated officer shall enter, manually or electronically by the automated process, in a register of mutations, every report made to him under section 135C or any intimation of acquisition or transfer of any right on land made to him, either manually or electronically under section 135C from the Mamlatdar, or a court of law. (i) When a claim or document or rights is produced before the designated officer, he shall, through bio-metric ID or any other mode as may be prescribed, verify the identity and the lawful rights of the transferor and the transferee. (ii) Upon completion of verification, the necessary entries shall be made in the register of mutations in the manner as may be prescribed and the notice of the transaction under section 135D shall be served to the persons interested therein. (2) Whenever a designated officer makes an entry, either manually or electronically in the register of mutations, he shall at the same time intimate to all persons appearing from the record of rights or register of mutations to be interested in the mutation and to any other person whom he has reason to believe to be interested therein in the manner as may be prescribed. (3) It shall be the duty of the designated officer to enter the particulars of the objection if any received from any person either manually or electronically, in a register of disputed cases and to give written acknowledgement of the receipt of such objection to the person making it in the same manner. (4) Orders disposing of objections entered in the register of disputed cases shall be recorded, either manually or electronically, in the register of mutations, after disposing it within the period as may be prescribed for this purpose and the same may be intimated to the concerned person having interest in the said mutation. (5) Where no objection is raised by any person having interest in the transaction, either manually or electronically, within a period of thirty days, the mutation entry shall be certified electronically through an automated process or manually, as the case may be. (6) The transfer of entries from the register of mutations to the record of rights shall be effected subject to such rules as may be made by the State Government in this behalf; Provided that an entry in the register of mutations shall not be transferred to the record of rights until such entry has been duly certified. (7) In the event, where the automated process of certification of entries has not been initiated, the entries in the register of mutations shall be verified and if found correct or after correction shall be certified in the Mutation Register, within a period as may be prescribed, by a Revenue Officer not below the rank of a Deputy Mamlatdar, and the same may be intimated to the concerned person having interest therein. (8) Where the certifying officer has a reason to believe that such mutation entry violates or contravenes any of the provisions of the Act or any other Act, he shall not certify such entry and shall intimate the same with reasons in writing to the person concerned. (9) The provisions of this section shall apply in respect of perpetual tenancies and also in respect of any tenancies mentioned in a notification under sub-section (2) of section 135B but the provisions of this section shall not apply in respect of other tenancies, which shall be entered in a register of tenancies, in such manner and under such procedure as may be prescribed.". 135E. Section 135E (Substitution) "135E. (1) Any person, whoserights, interestsor liabilities arerequired to be, or have been entered in any record of register under this Chapter, shall be bound, on therequisition by any designated officer, engagedincompilingorrevisingthe record of register, to furnish or produce, either manually or electronically, for his inspection, within the period as may be prescribed, all such information ordocuments needed for the correct compilation or revision thereof, as the case may be, within his knowledge or in his possession or power. (2) Any designated officer, to whom any information is furnished, or before whom any document is produced, either electronically or manually, in accordance with the requisition under sub-section(1), shall at once, give written acknowledgement thereof, in the same manner to the person furnishing or producing the same, and shall endorse, on any such document, a note under his signature stating the fact of its production and the date thereof, where the automated process has not been initiated.". 135F. Section 135F (Amendment) For the words "twenty-five", the words "onethousand" shall be substituted. 135K. Section 135K (Amendment) In the principal Act, in section 135K, for the words "the village accountant, Mahalkari", the words "thedesignated officer" shall be substituted. 135LL. Section 135LL (Insertion) In the principal Act, in Chapter XB, after the heading "THE AGRICULTURAL PASS BOOK" but before section 135M, the following new section shall be inserted, namely:- "135LL. (1) This chapter shall apply to such taluka in a district as the State Government may, by notification in the Official Gazette, specify. (2) This chapter shall cease to apply to such taluka in a district as the State Government may, by notification in the Official Gazette, specify.". 135OO. Section 135OO (Insertion) "135 OO. (1) Any document of transfer of any agricultural land by sale, purchase, gift, mortgage, exchange, partition, lease, surrender or otherwise shall be registered by the registering authority in a taluka to which this Chapter is applied under sub-section (I) or re-applied under sub-section (3) of section 135 LL unless such document is accompanied by the agriculturist pass-book relating to such land. (2) The registering authority shall after registering such document make necessary entries in the agriculturist pass-book of the agriculturist and thereafter return the pass-book to the agriculturist. (3) The registering authority shall make a report in writing of such registration to the competent authority." 135OOO. Section 135OOO (Insertion) "135 OOO. The competent authority shall be responsible to keep the agriculturist pass-book and the duplicate agriculturist pass-book retained by it, up-to-date by making necessary entries therein as provided in sections 135P and 135Q, respectively." 135P. Section 135P (Substitution) "135P. Whenever entries are transferred from the register of mutations to the record of rights under section 135D, the competent authority shall call for the agriculturist pass-book from the concerned agriculturist and thereupon the agriculturist shall produce the agriculturist pass-book before the competent authority with such particulars as may be prescribed by rules made under this Act and on such production of pass-book, the competent authority shall make entries therein, corresponding to those in the record of rights and keep such pass-book up-to-date.". 135R. Section 135R (Substitution) "135R. A certified copy of any entry not being an entry made by a bank or registering authority in- (a) the duplicate agriculturist pass-book maintained by the competent authority, or (b) the agriculturist pass-book of the agriculturist, shall in all legal proceedings be received as prima facie evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded to the same extent as the original entry itself in the record of rights but not further or otherwise.". 135S. Section 135S (Insertion) The State Government may, on being satisfied that the supplemental revenue settlement in whole or part of the transitional area is substantially complete, it may direct the Collector to take such action, in respect of such area, under section 118 or, as the case may be, section 126, as it may deem necessary. 135T. Section 135T (Insertion) Notwithstanding anything contained in any other State Act, the provisions of this Chapter shall have overriding effect. CHAPTER X-A OF LANDS WITHIN TRANSITIONAL AREAS 125A. Section 125A (Interpretation - Chapter IX-A) "12SA. In this chapter, unless there is anything repugnant to the subject or context- (1) "Lands in transitional area" means the lands in village, town or the city area described in sub-section (1) of section 125B and as determined and fixed by the Collector under sub-section (2) of section 125B and such others; (2) "Certificate of claim" means the certificate issued by the authorised revenue officer for effecting entry in the Register of Mutations during the relevant period and reflecting Government dues, if any, payable by the claimant; (3) "Certificate of No Dues" means the certificate issued by the authorised revenue officer reflecting the full payment of compounding fee, supplemental revenue settlement fee, and all government dues, including premium etc, as the case may be, for the purpose of reporting of acquisition of right under section 135C; (4) "Claimant" means a person who claims to be in actual and peaceable possession of the private land situated in the transitional area during the relevant period; (5) "Compounding Fee" means the consolidated sum of money to be paid by the claimant, prior to determination of claim under sub-section (3) of section 125K for securing of specified proceedings under the provisions of Acts mentioned in sub-section (1) of section 125F as specified by the State Government by notification in the Official Gazette; (6) "Government dues" means such amount of money that would have become payable to Government by the claimant in respect of violation of the provisions of laws or otherwise mentioned in sub-section (1) of section 125F except the compounding fees and includes such amounts as are payable under section 148, and section 73B in respect of his land; (7) "prescribed" means prescribed by rules made by the State Government; (8) "Relevant period" means such period as the prescribed by the Government after the date of coming into force of the amending Act of 2017. (9) "Supplemental Revenue Settlement" means the supplemental revenue settlement conducted under this chapter in order to determine and to bring on record, the current status of lands in transitional area that constitutes a portion of or an adjunct to a village, town or city area or any other by compounding violations of revenue laws mentioned in section 125F on payment of compounding fees, an amount of premium and all other Government dues; (10) "Supplemental Revenue Settlement fee" means the supplemental revenue settlement fee as maybe prescribed by the State Government; (11) "State" means the State of Gujarat." 125B. Section 125B (Limits of village sites) "12SB. (1) Where the State Government is of the opinion that,- (a) due to the development taking place in the State, there has come into existence certain areas, where areas have enlarged beyond either the village defined in section 118 or town or city defined in section 126 or combination of both and other areas; (b) entirely new or otherwise hybrid areas comprised of the admixture of rural, semi urban or urban areas have come into existence with or without the violation of the terms and conditions or the restrictions provided for in the Gujarat Land Revenue Code, 1879 and other revenue laws leading to creation of inchoate rights, titles and interest over the lands resulting in the Register of Mutations and the Record of Rights not showing the actual status of the holding of lands, etc. (2) The State Government may, by general or special order, direct the Collector of the concerned district to determine what lands from those included in the site of village, town or the city and others be included in the transitional area and fix the limits of the same. It shall be lawful for the Collector, when so directed by the State Government to determine the same. (3) The Collector shall send a report of the determination and fixation of the limits of such transitional area made by him under sub-section (2), to the State Government for approval." 125C. Section 125C (Supplemental Revenue Settlement) "125C. Notwithstanding anything contained in this Act, but subject to the provisions of this Chapter, whenever it may seem expedient, the State Government may direct supplemental revenue settlement in respect of whole or any part of the transitional area determined and fixed by the Collector under section 125B, of any land other than the lands described in section 125F, with a view to the settlement of the land revenue and to the record and preservation of the rights connected therewith, or any other similar purpose." 125D. Section 125D (Appointment of Revenue Officers) "125D. The State Government may, on receipt of report under section 125B, appoint, by notification in Official Gazette, authorise such number of revenue officers and for such areas as it may deem necessary, to carry out supplemental revenue settlement for the respective areas." 125E. Section 125E (Process for Supplemental Revenue Settlement) (1) Where the occupant of any land assessed or held for any non-agricultural purpose wishes to use such land or part thereof for any other non-agricultural purpose, the Collector's permission shall in the first place be applied for by him and the provisions of section 65 shall, so far as may be, apply to such application. Explanation. - In this section, and section 67A, "non-agricultural purpose" means any of the purposes specified in clauses (b) to (e) of sub-section (1) of section 48. 125F. Section 125F (Compounding fee for violations) "125F. (1) Where the land for which the prior sanction of the Collector under following Acts was required, but has not been taken and unauthorised development or violations have taken place, it shall be lawful for the State Government to levy Compounding Fee except amount of premium and other Government dues as would have been leviable for breach of condition or provisions, as the case may be, of following Acts- (i) sections 65 and 68 of the Gujarat Land Revenue Code, 1879; (ii) section 43 of the Gujarat Tenancy and Agricultural Lands Act, 1948; (iii) section 57 of the Gujarat Tenancy and Agricultural Lands (Vidarbh Region and Kutch Area) Act, 1958; (iv) leviable and chargeable stamp duty under provision of the Gujarat Stamp Act, 1958; (v) sections 7, 8 and 31 of the Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947; (vi) any other section under various revenue laws as may be specified by the State Government by notification in the Official Gazette. (2) The lands falling in the following categories shall not be subjected to supplemental revenue settlement, namely:- (a) all un-alienated government lands; (b) the lands belonging to the local authority or the statutory authority; (c) the lands of tribals under section 73AA of the Gujarat Land Revenue Code, 1879; (d) the lands fixed or reserved under the town planning schemes under the Gujarat Town Planning and Urban Development Act, 1976; (e) the lands allotted under Saurashtra Bhudan Yagna Act, 1953; (f) lands allotted on new and impartible tenure basis acquired under the provisions of Gujarat Agricultural Land Ceiling Act, 1960; and (g) waterways and water bodies, lakes, river beds and natural drainage system. (h) open private lands including lands which are of open agricultural use and lands used for open non agricultural purpose in accordance with section 65 and items below Para II of clause (b) of sub-section (1) of section 65B. (i) any other land as may be specified by the State Government by notification in the Official Gazette." 125G. Section 125G (Public notice by revenue officer) For the purpose of conducting supplemental revenue settlement, the revenue officer shall issue a public notice calling upon the claimants to make an application in such manner and within such period as maybe prescribed. 125H. Section 125H (Application by claimant) (1) The claimant shall submit, along with his application for the purpose of his possession during the relevant period, anyone or more of the following documents, namely:- (i) sale deed; (ii) sale agreement; (iii) agreement to sale; (iv) any document evidencing possession. (2) The claimant shall, for the purpose of his identity, submit along with his application, anyone or more of the following documents, namely:- (i) PAN Card; (ii) Aadhar Card; (iii) Passport; (iv) Driving License; (v) Voter ID Card. (3) If any person does not apply under section 125H, it shall be open for the authorised revenue officer to conduct supplemental revenue survey in respect of such land and in accordance with the provisions of sections 125I to 125L and possession of such person shall be subject to payment up to four times the supplemental revenue settlement fee or, as the case may be, the compounding fee. 125I. Section 125I (Notice to claimants) (1) The authorised revenue officer shall serve or cause to be served a notice to the claimants in writing in the manner as may be prescribed, with regard to the claim of possession made by the claimant. (2) After issuance of notice under sub-section (1), the authorised revenue officer shall follow the procedure prescribed in sections 96 and 97, mutatis mutandis. (3) The burden of proving possession during the relevant period shall lie on the claimant. 125J. Section 125J (Notice for inviting objections) (1) The authorised revenue officer shall, after receiving the application under section 125H, issue a notice in such form as may be prescribed, inviting thereby, objections from any person within a period of one month from the date of such notice with regard to the claim of possession by the claimant during the relevant period. 125K. Section 125K (Decision of Authorised Revenue Officer) (1) In case where no objections are received pursuant to the notice under section 125J, the authorised revenue officer shall consider the genuineness of the claim and after affording an opportunity of being heard to the claimant, may grant the application of the claimant, unless contrary is proved. (2) In case where the objections have been received pursuant to the notice under section 125J, the authorised revenue officer shall consider the same and after giving an opportunity of being heard to all concerned and considering the claims made by them, may either grant the application of the claimant or reject the same. (3) In case where the claimant's application is not rejected under sub-section (2) and the authorised revenue officer is satisfied about the genuineness of the claim of the claimant for possession during the relevant period, he shall issue a notice to the claimant directing him to make payment of such supplemental revenue settlement fees or, as the case may be, the compounding fees, and amount of premium and other Government dues, if any, as maybe determined by the State Government. 125L. Section 125L (Issue of certificate of claim) (1) On the receipt of supplemental revenue settlement fee or, as the case may be, the compounding fee from the claimant the authorized revenue officer shall issue a certificate of claim reflecting the payment of such compounding fee and supplemental revenue settlement fee; and indicating amount of premium and other Government dues payable, if any, for effecting entry in the Register of Mutations during the relevant period in such format and manner as maybe prescribed by the State Government. (2) The certificate issued by the authorized revenue officer shall be valid up to 90 days. During this period, if the claimant pays the Government dues and premium etc. as indicated in the certificate, an entry to this effect shall be made in the Register of Mutations and a Certificate of No Dues shall be issued which shall be valid for reporting of acquisition of right under section 135C. If the claimant does not make the payment of the Government dues and premium as indicated within the period of 90 days, the revenue officer shall proceed to make an entry in the Register of Mutations reflecting a charge of Government dues in the said entry against the claimant. (3) If at any point thereafter, claimant desires to make payment of Government dues and discharges the same, the entry of charges is deleted against his claimed occupancy, he shall apply to the authorized revenue officer in the prescribed manner and format as maybe notified by the State Government from time to time, for issuance of Certificate of No Dues, which shall be valid for reporting of acquisition of right under section 135C. 125M. Section 125M (Appeal) (1) Any person being aggrieved by an order of the Revenue Officer passed under sub-section (1) or sub-section (2) of section 125K may prefer an appeal before such Appellate Officer, within a period of six months from the date of such order. Provided that if the Appellate Officer is satisfied that such person was prevented from preferring an appeal within the prescribed time limit for sufficient cause, he may entertain the appeal even after such prescribed time limit but not exceeding further six months from the date of the order. (2) The State Government may appoint, by notification in the Official Gazette, as many officers of such rank as Appellate Officers for different areas as it may deem necessary. (3) The Appellate Officer shall, after affording an opportunity of being heard to such person, may confirm, revise or dismiss the order against which appeal is preferred. 125N. Section 125N (Revision) (1) The State Government or such revenue officer authorised by the State Government may call for and examine the record of any proceeding of any authorised revenue officer for the purpose of satisfying itself or himself, as the case may be, as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such officer. If in any case, it shall appear to the State Government, or to such Officer that any decision or order or proceedings so called for contains any infirmity, it or he may remand the matter to such authorised revenue officer to conduct the proceedings afresh. 125O. Section 125O (Bar of jurisdiction of civil courts) No Civil Court shall have any jurisdiction to deal with or decide any question touching the issue of certificate by the authorised revenue officer under section 125L or any entry in the Register of Mutations and no injunction shall be granted by any Civil Court in respect of any action taken or to be taken in pursuance of such power under this Chapter. 125P. Section 125P (Indemnity) No suit or other legal proceedings shall lie against the State Government or any officer of the State Government in respect of anything which is in good faith done or intended to be done by or under this Chapter. 125Q. Section 125Q (Superintendence and Control) The Collector and the authorised revenue officers subordinate to him shall be subject to the control and superintendence of the Settlement Commissioner, subject to the overall administrative control of the State Government. 125R. Section 125R (Power to prescribe registers) For carrying out the purposes of this chapter, the Settlement Commissioner shall prescribe various registers, forms, formats etc. 125S. Section 125S (Direction to Collector) "125S. The State Government may, on being satisfied that the supplemental revenue settlement in whole or part of the transitional area is substantially complete, it may direct the Collector to take such action, in respect of such area, under section 118 or, as the case may be, section 126, as it may deem necessary." 125T. Section 125T (Chapter IX-A to have overriding effect) "125T. Notwithstanding anything contained in any other State Act, the provisions of this Chapter shall have overriding effect." 125U. Section 125U (Power to remove difficulties) (1) If any difficulty arises in giving effect to the provisions of the amending Act of 2017, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of the amending Act of 2017. (2) No order made under sub-section (1) shall be questioned in any Court of law on the ground that no difficulty, as referred to in the said sub-section, existed. (3) Every order made under this section shall be laid as soon as may be, after it is made, before the State Legislature. 133A. Section 133A (Claim for entry in Record of Rights) Every holder of Certificate of No Dues shall be eligible to report his claim for entry in the Record of Rights as provided under section 135C.