The Land Acquisition (Gujarat Unification and Amendment) Act, 1963

1. (1) This Act may be called the Land Acquisition (Gujarat Unification and Amendment) Act, 1963.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

1. (1) The Land Acquisition Act, 1894 as amended in its application to the Bombay area of the State by the enactments specified in the Schedule are hereby extended to and shall be in force in, the Saurashtra area of the State of Gujarat.
2. (2) The amendments made to the Land Acquisition Act, 1894 in its application to the Bombay area of the State of Gujarat by the enactments specified in the Schedule are hereby extended to, and shall be in force in, the Kutch area of the State of Gujarat and the Land Acquisition Act, 1894 shall, from the commencement of this Act be deemed to be amended accordingly also in that area.

In the Land Acquisition Act, 1894 in its application in accordance with the provisions of section 2 to the State of Gujarat (hereinafter referred to as "the principal Act"), in section 1, after sub-section

1. (3) the following sub-section shall be inserted, namely:- "(4) On and from the commencement of the Land Acquisition (Gujarat Unification and Amendment) Act, 1963, this Act shall also extend to, and be in force in, the Saurashtra area of the State of Gujarat.".

1. (1) In clause
   • (f) of section 3 of the principal Act,
   • (a) the word "and" occurring after sub-clause
2. (1) shall be deleted;
   • (b) after sub-clause (2), the following shall be added, namely:- "and
3. (3) a housing scheme which the State Government may from time to time undertake for the purpose of increasing accommodation for housing persons and shall include any such scheme undertaken from time to time with the previous sanction of the State Government by a local authority or company; ".
4. (2) Nothing in sub-section
5. (1) shall affect the provisions of the Land Acquisition (Bombay Amendment) Act, 1948.

In section 3A of the principal Act,

1. (1) for clause (ii), the following shall be substituted, namely:- "(ii) to dig or bore into the subsoil,";
2. (2) for the word "and" at the end of clause
   • (iii) and for clause (iv), the following shall be substituted, namely:- "(iv) to set out the boundaries of the land likely to be needed and the intended line of the work (if any) likely to be done thereon;
   • (v) to mark such levels, boundaries and line by placing marks and cutting trenches;
   • (vi) to measure the land so likely to be needed; and
   • (vii) where otherwise the survey cannot be completed and the levels taken or the boundaries or lines marked, to cut down and clear away any part of any standing crop, fence or jungle;".

After section 3B of the principal Act, the following new section shall be inserted, namely:- "3C. In the case of the whole of a survey number or sub-division of a survey number, as defined in the Bombay Land Revenue Code, 1879 as in force in, the Bombay area, the Saurashtra area or, as the case may be, the Kutch area of the State of Gujarat, the area of such survey number or, as the case may be, sub-division as entered in the land records shall be deemed to be the measurement of the land comprising such survey number or sub-division.".

In section 4 of the principal Act,--

1. (1) in sub-section (1), after the words "for any public purpose" the words "or for a Company" shall be inserted;
2. (2) in sub-section (2), for the words beginning with words "to mark such levels" and ending with words "cutting trenches;" the following shall be substituted, namely:- "to mark such levels, boundaries and line by placing marks and cutting trenches; to measure the land likely to be needed, and".

In section 8 of the principal Act for the words "cause it to be measured" the words, brackets, figures and letters "cause the land (unless it has already been measured under section 3A or 4 or deemed to be measured under section 3C) to be measured" shall be substituted.

In section 9 of the principal Act, in sub-section (2), for the words and figures "measurements made under section 8" the words, figures and letters "measurements according to section 3C or made under section 3A, 4 or 8" shall be substituted.

Section 11 of the principal Act shall be renumbered as sub-section

1. (1) of that section and—
2. (1) in sub-section
3. (1) so renumbered for the proviso, the following provisos shall be substituted, namely:— " Provided that no award shall be made by the Collector under this section without the previous approval of the State Government or of such officer as the State Government may authorise in this behalf: Provided further that it shall be competent to the State Government to direct that the Collector or such class of officers specially appointed by the State Government to perform the functions of a Collector under this Act may make such award without such approval in such class of cases as the State Government may specify in this behalf.".
4. (2) after sub-section (1), the following sub-sections shall be added, namely:— "(2) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appear before him are agreeable to the award which he proposes to make under this section, the Collector may without making further enquiry, require such persons to execute an agreement in the form prescribed by the State Government and make an award according to the terms of such agreement.
5. (3) The determination of compensation for any land under sub-section
6. (2) shall not in any way affect the determination of compensation in respect of other lands in the same village or elsewhere in accordance with the other provisions of this Act.
7. (4) Notwithstanding anything contained in the Indian Registration Act, 1908 no agreement made under sub-section
8. (2) shall be liable to registration under that Act.".

"11A. If the land in respect of which an award is made is land which according to the terms of its tenure is not transferable or partible by metes and bounds without the sanction of the State Government or any other competent officer, then out of the amount of compensation awarded therefor a sum, which would have been payable to the State Government under any law for the time being in force, had the land been otherwise transferred, shall be payable to the State Government and the Collector shall state in the award the sum so payable to the State Government.".

In section 17 of the principal Act, in sub-section (1), the words "or arable" shall be deleted.

In part II of the principal Act, after section 17 the following new section shall be inserted, namely :- "17 A. When any land vests in the State Government or in a corporation owned or controlled by the State Government under the provisions of this Act, it shall be lawful, with the previous sanction of the State Government, to use such land also for any public purpose other than that for which it was taken.".

In section 23 of the principal Act, sub-section (1)—

1. (i) in clause "fourthly" the following shall be added at the end, namely :— "and where the person interested is a tenant of the land, only the loss sustained by him by reason of the acquisition injuriously affecting his right as a tenant;";
2. (ii) at the end of clause "sixthly", the word "and" shall be deleted and before clause "sixthly" the following shall be added, namely :— "and seventhly, in the case of any land which according to the terms of the tenure on which it is held is not transferable or partible by metes and bounds without the sanction of the State Government or any competent officer, the market value of similar land held without such restrictions.".

In section 28 of the principal Act, for the word "four" the words "four and a half" shall be substituted.

In section 34 of the principal Act, for the word "four" the words "four and a half" shall be substituted.

In section 39 of the principal Act, for the word "two" the word "four" shall be substituted.

In section 40 of the principal Act, in sub-section (1), the words, figure, letters and brackets "either on the report of the Collector under section 5A, sub-section (2), or" shall be deleted.

In section 41 of the principal Act, the words, figures, brackets and letter "after considering the report, if any, of the Collector under section 5A, sub- section

1. (2) or" shall be deleted.

After section 47 of the principal Act, the following section shall be inserted, namely :- "47 A.

1. (1) In the application of this Act to the State of Gujarat, for section 47 the provisions of sub-sections
2. (2) and
3. (3) of this section shall be substituted.
4. (2) If the Collector is opposed or impeded in taking possession under this Act of any land or in preventing enjoyment of any right attached to land or clo- sure of any easement under this Act, he shall, if a District Magistrate, enforce the surrender of the land to himself, or the closure of such easement and if not such Magistrate, he shall apply in any area for which a Commissioner of Police has been appoin- ted to the Commissioner of Police and elsewhere to any Executive Magistrate and such Commissioner or Magistrate shall enforce the surrender of the land to the Collector, or as the case may be, the closure of such easement.
5. (3) Any action taken by a Collector, Magistrate or Commissioner of police under sub-section
6. (2) shall not be questioned in any Civil Court and no injunction shall be issued by such Court for restraining such action, but the aggrieved party shall be entitled in such Court to reasonable compensation for any damage suffered by him by reason of the powers under this section being exercised by any such officer wrongfully or without authority.".

"49 A.

1. (1) Where the owner has expressed a desire under sub-section (1) of section 49 that the whole of the house, manufactory or building shall be acquired, the provision of that sub-section shall have effect only when the Collector is satisfied that the acquisition of a part of such house, manufactory or building shall so adversely affect the use of the remaining part for the purpose for which it is being used, as to justify the acquisition of the whole of the house, manufactory or, as the case may be, building.
2. (2) Where under the proviso to sub-section
3. (1) of section 49, the owner withdraws or modifies the desire expressed by him it shall be lawful for the Collector to put in force the provisions of this Act for the acquisition of such part, of the house, manufactory or building as may be in conformity with such withdrawal or modification.".

In section 60 of the principal Act, in sub-section

1. (2) for the words "may appear and adduce evidence" the words "shall be called upon to so appear and adduce evidence, if any," shall be substituted.

In section 23 of the principal Act, sub-section (1)-

1. (i) in clause "fourthly" the following shall be added at the end, namely :- "and where the person interested is a tenant of the land, only the damage sustained by him by reason of the acquisition injuriously affecting his right as a tenant;".
2. (ii) at the end of clause "sixthly" the word "and" shall be deleted and at the end of clause "sixthly" the following shall be added, namely :- "and seventhly, in the case of any land which according to the terms of the tenure on which it is held is not transferable or partible by metes and bounds without the sanction of the State Government or any competent officer, the market value of similar land held without such restriction.".

1. (1) On the commencement of this Act, the Land Acquisition Act, 1894 (Adaptation and application) Ordinance, 1948, as in force in the Saurashtra area of the State of Gujarat immediately before such commencement shall stand repealed.
2. (2) The repeal of the Ordinance under sub-section
3. (1) shall not affect,-
   • (a) the previous operation thereof;
   • (b) any right, privilege, obligation or liability acquired, accrued or incurred thereunder;
   • (c) any penalty, forfeiture or punishment incurred in respect of any offence thereunder; or
   • (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed under the corresponding provisions of the principal Act.
4. (3) Anything done or any action taken under the provisions of the Ordinance so repealed shall, in so far as it is not inconsistent with the provisions of the principal Act be deemed to have been done or taken under the corresponding provisions of the principal Act and shall continue to be in force, unless and until superseded by anything done or any action taken under the principal Act.

1. (1) On the commencement of this Act, the Land Acquisition Act, 1894 (Adaptation and application) Ordinance, 1948, as in force in the Saurashtra area of the State of Gujarat immediately before such commencement shall stand repealed.
2. (2) The repeal of the Ordinance under sub-section
3. (1) shall not affect,-
   • (a) the previous operation thereof;
   • (b) any right, privilege, obligation or liability acquired, accrued or incurred thereunder;
   • (c) any penalty, forfeiture or punishment incurred in respect of any offence thereunder; or
   • (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed under the corresponding provisions of the principal Act.
4. (3) Anything done or any action taken under the provisions of the Ordinance so repealed shall, in so far as it is not inconsistent with the provisions of the principal Act be deemed to have been done or taken under the corresponding provisions of the principal Act and shall continue to be in force, unless and until superseded by anything done or any action taken under the principal Act.

(See section 2) Enactments amending the Land Acquisition Act, 1894 in its application to the Bombay area of the State of Gujarat. | Year | No. | Short title of the enactment | Sections providing for amendment of the Land Acquisition Act, 1894. | | :--- | :--- | :--- | :--- | | 1938 | XVIII | The Land Acquisition (Bombay Amendment) Act, 1938. | 2 | | 1948 | XXII | The Land Acquisition (Bombay Amendment) Act, 1948. | 2 to 4 (both inclusive) | | 1949 | XXXV | The Bombay Land Acquisition Officers Proceedings Validation Act, 1949. | 2 | | 1950 | XX | The Land Acquisition (Bombay Amendment) Act, 1950. | 2 | | 1953 | XIV | The Land Acquisition (Bombay Amendment) Act, 1953. | 2 to 11 (both inclusive) | | 1957 | XXXV | The Land Acquisition (Bombay Amendment) Act, 1957. | 2 |