Chapter I PRELIMINARY

(1) This Act may be called the Saurashtra Land Reforms Act, 1951.

(2) It extends to the whole of Saurashtra area of the State of Gujarat.

(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

In this Act, unless there is anything repugnant in the subject or context:-

(1) "agricultural land" means any land, including wells, which is used for the purpose of agriculture and includes-

(a) sites of farm buildings appurtenant to land used for agricultural purposes; and

(b) sites of dwelling houses and wadas occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses;

(2) "agriculture" includes horticulture and the raising of crops, fodder or garden produce;

(3) "agriculturist" means a person who cultivates the land personally;

(4) "bhagdar" means a share-holder of a talukdar;

(5) "bhayat" means any person who was recognised as such either by the late Rajasthani Court, the late Political Agency or the late Western India States Agency, or any heir or successor of such person, provided that where the great-grand-father, grand-father or father is alive, only the great-grand grandfather, grand-father or the father, as the case may be, who is alive shall be deemed to be the bhayat for the purpose of this Act ;

(6) "bid land" means such land as has been used by the Girasdar for grazing his cattle or for cutting grass for the use of his cattle;

(7) "cadet" means a brother or a son of a ruler to whom a grant of land was made by such ruler after the 14th day of August, 1947, and who is allowed to retain such grant by the Government or any heir or successors of such person ;

(8) "Code" means the Bombay Land Revenue Code, 1879, as adapted and applied to the Saurashtra area of the State of Gujarat ;

(9) "Collector" includes an officer appointed by the Government to exercise the powers, and perform the functions of the Collector under this Act ;

(10) "cultivate" means to carry on agricultural operation;

(11) "cultivate personally" or any cognate expression means to cultivate on one's own account:-

(a) by one's own labour,

(b) by the labour of any member of one's family, or

(c) by servants on wages payable in cash or in kind but not in a share of the crops or by hired labour, under one's personal supervision or the personal supervision of any member of one's family.

Explanation. I . -An agriculturist who is a widow or a minor or is subject to any physical or mental disability or who is in service as a member of the Armed Forces shall be deemed to cultivate the land personally if it is cultivated by the servants or by hired labour of such person.

Explanation. II. - In the case of an undivided Hindu family, the land shall be deemed to have been cultivated personally if it is cultivated by any member of such family;

(12) "economic holding" in relation to any region specified in column I of the First Schedule, means a holding of land of an area shown in the corresponding entry in column 2 thereof ;

(13) "estate" means all land of whatever description or an undivided share thereof held by a Girasdar and includes uncultivable waste, whether such land is used for the purposes of agriculture or not ;

(14) "Gharkhed" means any land reserved by or allotted to, a Girasdar before the 20th May, 1950 for being cultivated personally, and in his personal cultivation :

Provided that where such reservation in respect of any land was made by the Girasdar after the 1st day of January, 1948, but before the 20th May, 1950, and an application disputing such reservation was made to the competent authority before the 1st May, 1951 and is pending at the commencement of this Act, the said authority shall decide whether the land shall be Gharkhed:

Provided further that where such reservation was made in respect of any land by the Girasdar after the 20th May, 1950, or where such reservation having been made at any time between the 1st January, 1948, and the 20th May, 1950, the land was let out to another tenant after the 20th May, 1950, a tenant aggrieved in consequence of such reservation or letting out, as the case may be, may file an application to the Mamlatdar within 90 days from the commencement of this Act, and the Mamlatdar shall decide such application in accordance with the provisions of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949, (Ord. No. XLI of 1949) and if he decides that the tenant was dispossessed from the land in contravention of the provisions of that Ordinance, or that the tenant is entitled to restoration of the land, that land shall not be deemed to be Gharkhed. (6) "bid land" means such land as has been used by the Girasdar for grazing his cattle or for cutting grass for the use of his cattle;

(7) "cadet" means a brother or a son of a ruler to whom a grant of land was made by such ruler after the 14th day of August, 1947, and who is allowed to retain such grant by the Government or any heir or successors of such person ;

(8) "Code" means the Bombay Land Revenue Code, 1879, as adapted and applied to the Saurashtra area of the State of Gujarat ;

(9) "Collector" includes an officer appointed by the Government to exercise the powers, and perform the functions of the Collector under this Act ;

(10) "cultivate" means to carry on agricultural operation;

(11) "cultivate personally" or any cognate expression means to cultivate on one's own account:-

(a) by one's own labour,

(b) by the labour of any member of one's family, or

(c) by servants on wages payable in cash or in kind but not in a share of the crops or by hired labour, under one's personal supervision or the personal supervision of any member of one's family.

Explanation. I . -An agriculturist who is a widow or a minor or is subject to any physical or mental disability or who is in service as a member of the Armed Forces shall be deemed to cultivate the land personally if it is cultivated by the servants or by hired labour of such person.

Explanation. II. - In the case of an undivided Hindu family, the land shall be deemed to have been cultivated personally if it is cultivated by any member of such family;

(12) "economic holding" in relation to any region specified in column I of the First Schedule, means a holding of land of an area shown in the corresponding entry in column 2 thereof ;

(13) "estate" means all land of whatever description or an undivided share thereof held by a Girasdar and includes uncultivable waste, whether such land is used for the purposes of agriculture or not ;

(14) "Gharkhed" means any land reserved by or allotted to, a Girasdar before the 20th May, 1950 for being cultivated personally, and in his personal cultivation :

Provided that where such reservation in respect of any land was made by the Girasdar after the 1st day of January, 1948, but before the 20th May, 1950, and an application disputing such reservation was made to the competent authority before the 1st May, 1951 and is pending at the commencement of this Act, the said authority shall decide whether the land shall be Gharkhed:

Provided further that where such reservation was made in respect of any land by the Girasdar after the 20th May, 1950, or where such reservation having been made at any time between the 1st January, 1948, and the 20th May, 1950, the land was let out to another tenant after the 20th May, 1950, a tenant aggrieved in consequence of such reservation or letting out, as the case may be, may file an application to the Mamlatdar within 90 days from the commencement of this Act, and the Mamlatdar shall decide such application in accordance with the provisions of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949, (Ord. No. XLI of 1949) and if he decides that the tenant was dispossessed from the land in contravention of the provisions of that Ordinance, or that the tenant is entitled to restoration of the land, that land shall not be deemed to be Gharkhed.

Explanation.-For the purposes of this clause, any land reserved by, or allotted to a Girasdar for being cultivated personally after 1st January, 1948, shall continue to be Gharkhed notwithstanding-

(a) that the Girasdar has allowed the land to be cultivated by the tenant cultivating the same on 1st January, 1948, under the provisions of clause (h) of section 2 of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949; or

(b) that at any time after the 1st January, 1948, but before the 20th May, 1950, the land was given to a tenant for being cultivated by him ;

(15) "Girasdar" means any talukdar, bhagdar, bhayat, cadet or mul-girasia and includes any person whom the Government may, by notification in the Official Gazette, declare to be a Girasdar for the purposes of this Act; * * * *.

(17) "holding" means a parcel or parcels of land or an undivided share thereof, held by a tenant or an occupant and forming the subject of a separate tenancy or occupancy holding as the case may be ;

(18) "land" means any agricultural land, bid land or cultivable waste;

(19) "Mamlatdar" includes Mahalkari, and any officer appointed by the Government for performing all or any of the functions of a Mamlatdar under this Act ;

(20) "Mul-girasia" means any person who was recognised as such either by the late Rajasthanik Court, the late Political Agency, or the late Western India States Agency, or any heir or successor of such person, provided that where the great-grand-father, grand-father or father of any Mul-girasia is alive, only the great-grand-father, grand-father or father, as the case may be, who is alive shall be deemed to be a Mul-girasia for the purposes of this Act;

(21) "occupancy rights" means all the rights which an occupant has under this Act or under the Code in respect of land held by him as an occupant;

(22) "occupant" means a person who is in lawful possession of any land held directly from the Government and who has all the rights which an occupant has under this Act, or under the Code, in respect of land held by him as an occupant ;

(23) "person" includes an undivided Hindu family;

(24) "prescribed" means prescribed by rules made under this Act ;

(25) "Schedule" means a Schedule to this Act ;

(26) "Settlement Commissioner" means an officer appointed as such by the Government under this Act ; ****

(28) "Talukdar" means a talukdar whose name stood on the Tribute list maintained by the late Political Agency on the 14th August, 1947, or who owned an estate on political tenure subject to administrative charges on the 14th August, 1947, and includes any bhagdar (share-holder) and peta-bhagdar (sub-sharer) or any heir or successor of such person provided that where the great-grand-father, grand-father or father of any talukdar is alive, only the great-grand-father, grand-father or the father, as the case may be, who is alive shall be deemed to be talukdar for the purposes of this Act ;

(29) "tenancy" means the relationship of Girasdar and tenant in respect of a holding;

(30) "tenant" means an agriculturist who holds land on lease from a Girasdar or a person claiming through him, and includes a person who is deemed to be a tenant under the provisions of this Act ;

(31) "Tribunal" means the Saurashtra Revenue Tribunal ;

(32) "year" or "revenue year" means the year ending on the 31st day of July;

(33) all words and expressions, used but not defined, in this Act and defined in the Code shall have the meanings assigned to them in the Code.

Save as otherwise expressly provided in this Act, the provisions of this Act and of the rules and orders made thereunder shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law or any usage, agreement, settlement, grant, sanad or any decree or order of any court or other authority, Not withstanding anything contained in any order, judgment or decree of a Court, all orders passed, or any action taken by Government before the date of the coming in to force of this Act in the exercise of purported exercise of the jurisidction vested, or powers conferred by section 63 of the Saurashtra Land Reforms Act, 1951, shall be deemed to be and are hereby declared to have been validly passed or taken as if such jurisdiction was vested in, and such powers were conferred on Government on the date of the comming into force of the said Act.