Chapter V reStrictionS on tranSferS of aGricultural landS, manaGement of uncultivated landS and acquiSition of eStateS and landS.

for the purpose of its sale and purchase. 63

2[63AA. (1) Nothing in section 63 shall prohibit the sale or the agreement for the bonafide sale of land for which no permission is required under sub-section (1) of section 65B of the industrial Bom. V of purpose Bombay Land Revenue Code, 1879 in favour of any person for use of such land by such 1879. permitted in person for a bonafide industrial purpose: certain cases. Provided that – (a) the land is not situated within the urban agglomeration as defined in clause (a) of 33 of 1876. section 2 of the Urban Land (Ceiling and Regulation) Act, 1976, (b) where the area of the land proposed to be sold exceeds ten hectares the person to whom the land is proposed to be sold in pursuance of this sub-section shall obtain previous permission of the industries Commissioner, Gujarat State or such other officer, as the State Government may by an order in writing, authorise in this behalf, (c) The area of the land proposed to be sold shall not exceed four times the area on which construction for a bonafiede industrial purpose is proposed to be made by the purchaser: Provided that any additional land which may be required for pollution control measures or required under any relevant law for the time being in force and certified as such by the relevant authority under that law shall not be taken into account for the purpose of computing four times the area: 3[Provided further that where the land is sold to a purchaser which is a company as defined by clause (20) of section 2 of the Companies Act, 2013, it may offer the equity shares 18 of 2013. of the company, to the person by whom such land is being sold, in lieu of the sale price of such land and if such peron is in agreement for accepting such equity shares, either in 1. This Explanation was added by Bom. 15 of 1957, s. 12. 2. Section 63AA was inserted by Guj. 7 of 1997, s. 3. 3. This proviso was inserted by Guj. 28 of 2015, s. 2(1). 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 65 full or partly, then it shall be incumbent upon such company to allot such equity shares of equivalent amount, either in full or partly, to such person,] (d) where the land proposed to be sold is owned by a person to belonging to the Scheduled Tribe, the sale shall be suject to the provisions of section 73AA of the Bombay Bom. V of 1879. Land Revenue Code, 1870. (2) Nothing in section 63A shall apply to any sale made in pursuance of sub-section (1). (3) (a) Where the land is sold to a person in pursuance of sub-section (1) (hereinafter referred to as " the purchaser"), he shall within thirty days from the date of the purchase of the land for a bonafide industrial purpose send a notice of such purchase in such a form alongwith such other particulars as may be prescribed to the Collector and endorse a copy thereof to the Mamlatdar. (b) Where the purchaser fails to send the notice and other particulars to the Collector under clause (a) within the period specified therein, be shall be liable to pay in addition to the non-agricultural assessment leviable under this Act, such fine not exceeding two thousand rupees as the Collector may, subject to rules made under this Act, direct. (c) Where on receipt of the notice of the date of purchase for the use of land for a bonafide industrial purpose and other particulars sent by the purchaser under clause (a), the Collector, after making such inquiry as he deems fit– (i) is satisfied that the purchaser of such land has validly purchased the land for a bonafide industrial purpose in conformity with the provisions of sub-section (1), he shall issue a certificate to that effect to the purchaser in such form and within such time as may be prescribed. (ii) is not so satisfied, he shall, after giving the purchaser an opportunity of being heard, refuse to issue such certificate and on such refusal, the sale of land to the purchaser shall be deemed to be in contravention of section 63. (d) (i) The purchaser aggrieved by the refusal to issue a certificate by the Collector under sub-clause (ii) of clause (c) may file an appeal to the State Government or such officer as it may, by an order in writing, authorise in this behalf. (ii) The State Government or the authorised officer shall after giving the appellant an opportunity of being heard pass such order on the appeal as it or be deems fit. (4) (a) The purchaser shall comply with the provisions of any law for the time being in force or any order or directions of the Central Government or State Goverment or any Corporation owned or controlled by such Government, Government Company, local authority or statutory authority in relation to use of land for industrial purpose before the land is put to use for such purpose. 1[(b) the purchaser to whom a certificate is issued under sub-clause (i) of clause (c) of sub-section (3) shall commence production of goods or providing of services within five years from such date: 1. This clause was substituted by Guj. 28 of 2015, s. 2 (2). 66 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII Provided that the period of five years may on an application made by the purchaser in that behalf be extended by two years by the Collector as he may by an order in writing in such circumstances as may be prescribed: Provided further that the Collector shall not extend such period for more than a period of one year at a time: Provided also that such aggregate period of seven years may, on an application made by the purchaser in that behalf, and on the payment of fifty per cent of the prevailing Jantri value, be extended by another three years by the State Government.] 1[(4A) In case where the purchaser fails to commence the production of goods or providing of services within three years from the date of certificate issued under sub-section (3) or thereafter, the Collector may, after an application is made to him in that behalf, grant permission by an order for sale or transfer of such land: Provided that such permission shall be granted by the Collector only upon the payment of - (i) 40 per cent. of the prevailing Jantri value, if the application is made before the completion of a period of five years from the date of certificate; (ii) 60 per cent. of the prevailing Jantri value, if the application is made after a period of five years but before the completion of a period of seven years from the date of certificate; (iii) 100 percent. of the prevailing Jantri value, if the application is made thereafter. (4B) Notwithstanding anything contained in sub-section (4) or sub-section (4A), - (i) where the land is sold to a person in pursuance of sub-section (1) for the purpose of establishing an industrial park in consonance with the policy and conditions of the State Government in that behalf, the purchaser shall fulfill all the conditions in such manner and within such period as may be prescribed; (ii) the purchaser shall be required to obtain certificate/certificates from the Industries Commissioner, Gujarat State, in the manner as may be prescribed of having fulfill the conditions as referred to in clause (i); (iii) in case where the purchaser fails to obtain the certificate/certificates as referred to in clause (ii), the provisions of sub-section (5), in so far as vesting of such land or part of such land in case where the purchaser has already transferred any portion or portions of such land, in the State Government and disposal of such land are concerned, shall mutatis mutandis apply; (iv) the purchaser shall be entitled to transfer or sell portion of such land to any person for establishing an industry thereon subject to the provisions of the policy of the State Government with regard to the industrial park; (v) the transferee under clause (iv) or any person to whom such land may be transferred in any subsequent transaction or transactions shall be entitled to sell or transfer such portion of land to any person for the purpose as provided in clause (iv); 1. Sub-section (4A) and (4B) was inserted by Guj. 28 of 2015, s. 2 (3). 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 67 (vi) in case where the purchaser is of the view, after a period of three years from the date of purchaser of such land, that it is not possible for him to fulfill the conditions and obtain the certificate/certificates as referred to in this section, he may make an application to the Collector for grant of permission to sale or transfer of such land and the Collector shall thereupon grant such permission only upon the payment of,- (a) 40 per cent. of the prevailing Jantri value, if the application is made before the completion of a period of five years from the date of certificate; as referred to in sub-clause (i) of clause (c) of sub-section (3); (b) 60 per cent. of the prevailing Jantri value, if the application is made after a period of five years, but before the completion of a period of seven years from the date of certificate; as referred to in sub-clause (i) of clause (c) of sub-section (3); (c) 100 per cent. of the prevailing Jantri value, if the application is made thereafter: Provided that such permission for sale of such land shall be granted only for the purpose of use of such land for the bonafide industrial purpose. Explanation:- For the purposes of this section, the expression "bonafide industrial purpose" includes and shall always be deemed to have included the establishment of the industrial park.] 1[(5) Where the Collector after making such inquiry deems fit and giving the purchaser an opportunity of being heard comes to the conclusion that the purchaser has failed to commence production of goods or providing of services within the period as specified in clause (b) of sub-section (4), or the period extended under the provisos to the clause, the land shall vest in the State Government free from all encumbrances on payment to the purchaser of such compensation as the State Government may determine and such land shall be disposed of by the State Government in the manner as may be prescribed.]]

2[63AB. (1) Notwithstanding anything contained in section 63, where the Mamalatdar Last suo moto or on the application of any person interested in the land, has reason to believe transaction if made to an that, in the breach of the provisions of clause (a), (b) or (c) of sub-section (1) of section 63, agriculturist to transfer of the land had taken place in favour of a person who was not an agriculturist and be valid even if that certain transaction or transaction have taken place thereafter and the person in whose earlier favour the last transaction was made on or before the 30th June,2015, is an agriculturist, transaction or transactions he shall issue a notice to such person and shall give him an opportunity of being heard and may be invalid. also make an inquiry as he deems fit. (2) If the Mamalatdar comes to the conclusion that as a result of the last transaction in respect of such land, the person to whom such land was transferred is indeed an agriculturist, he shall call upon such person to pay to the Sate Government, for the use of such land only for the agriculture purpose, the amount of ten percent of the prevailing jantri and after such payment he shall declare by an order, such last transaction to be valid irrespective of the fact that any one or more of such transaction was or were invalid and upon such order, no proceeding under section 84C shall be initiated and if already initiated shall be discontinued forthwith. 1. Sub-section (5) was substituted by Guj. 28 of 2015, s. 2 (4). 2. Section 63AB, 63AC and 63AD were inserted by Guj. 28 of 2015, s. 3. 68 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII Conversion

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63AD. (1) Notwithstanding anything contained in section 84C, where the Mamalatdar transferee for suo moto or on the application of any person, has reason to believe that, in the breach of the transfer of land provisions of clause (a), (b) or (c) of sub-section (1) of section 63, transfer of the land has in breach of provision of taken place in favour of a person who is not an agriculturist or in favour of any institution, sub-section (1) the Mamalatdar shall issue a notice to such person or institution and, after affording an of section 63. opportunity of being heard, decide whether the transfer of the land is valid or not. (2) If the Mamalatdar comes to a decision that the transfer of such land is not valid then he shall pass an order thereby,- (i) imposing the penalty of three times the amount of the prevailing Jantri of such land on such person or institution in whose favour such land is not validly transferred; and (ii) directing the person or institution in whose favour such land is not validly transferred to restore the land along with the rights and interest there in to the position in which it was immediately before such transfer within a period of one month of such order. Explanation - For the purpose of this Act, the expression "Jantri" means the index of base market values as may be determine by the State Government from time to time.] Sale of

64A. [Deleted]. 70 65. [Deleted]. 70 65A. [Deleted]. 70 66. [Deleted]. 70 CHAPTER V-A. conStruction of water courSe throuGh land of another.

66a. (1) If any person (hereinafter called the applicant) desires to construct a of water course water course to take water for the purpose of agriculture from a source of water through land to which he is entitiled, but such water course is to be constructed through any land belonging to other person. which belongs to, or is in possession of, another person (hereinafter called the neighbouring holder), and if no private agreement is arrived at for such construction between the applicant and the neighbouring holder, the person desiring to construct the water course may make an application in the prescribed form to the Mamlatdar. 1. Chapter V-A was inserted by Bom. 13 of 1956, s. 36. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 71 Explanation.–For the purpose of this Chapter the neighbouring holder shall include the person to whom the land belongs and all persons holding through or under him. (2) On receipt of the application, if the Mamlatdar, after making an inquiry and after giving to the neighbouring holder and all other persons interested in the land an opportunity of stating any objection to the application, is satisfied that for ensuring the full and efficient use for agriculture of the land belonging to the applicant it is necessary to construct the water course, he may by order in writing direct the neighbouring holder to permit the applicant to construct the water course on the following conditions:– (i) the water course shall be constructed through such land in such direction and manner as is agreed upon by the parties, or failing agreement as directed by the Mamlatdar so as to cause as little damage to the land through which it is constructed, as may be possible; (ii) where the water course consists of pipes, the pipes shall be laid at a depth not less than one foot and a half from the surface of the land; (iii) where the water course consists of a water channel, the channel shall not exceed five feet in breadth; (iv) the applicant shall pay to the neighbouring holder– (a) such compensation for any damage caused to such land by reason of the construction of the water couse injuriously affecting such land; (b) such annual rent as the Mamlatdar may decide to be reasonable; (v) the applicant shall maintain the water course in a fit state of repairs; (vi) the applicant shall within the prescribed period execute an agreement in the prescribed form in favour of the neighbouring holder; (vii) such other conditions as the Mamlatdar may think fit to impose. (3) An order made under sub-section (2) shall direct how the amount of compensation shall be apportioned among the neighbouring holder and all persons interested in the land. (4) Any order made under sub-section (2) shall after the applicant executes an agreement as required under clause (vi) of sub-section (2) be a complete authority to him or to any agent or other person employed by him for the purpose to enter upon the land specified in the order with assistants or workmen and to do all such work as may be necessary for the construction of the water course and for renewing or repairing the same. 72 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII Failure to

66B. If the applicant in whose favour an order under sub-section (2) of section 66A payment and was made– to keep water course in good (a) fails to pay the amount of compensation or the amount of the rent, it shall repair. be recovered as an arrear of land revenue on an application being made, to the Mamlatdar by the person entitled thereto; (b) fails to maintain the water course in a fit state of repairs, he shall be liable to pay such compensation as may be determined by the Mamlatdar for any damage caused on account of such failure. Removal or

66C. (1) If a person intends to remove or discontinue the water course discontinuance constructed under the authority conferred on him under section 66A, he may do so of water course. after giving notice to the Mamlatdar and the neighbouring holder. (2) In the event of removal or discontinuance of such water course, the person taking the water shall fill in and reinstate the land at his own cost with the least practicable delay. If he fails to do so, the neighbouring holder may apply to the Mamlatdar who shall require such person to fill in and reinstate the land. Neighbouring holder entitled

66D. The neighbouring holder or any person on his behalf shall have the right to use surplus to the use of any surplus water from the water course on payment of such rates as water on may be agreed upon between the parties, and on failure of agreement, as may be payment of determined by the Mamlatdar. If a dispute arises whether there is or is no surplus rate. water in the water course, it shall be determined by the Mamlatdar, and his decision shall be final.] CHAPTER VI. 1[Procedure and JuriSdiction of tribunal, mamlatdar and collector; aPPealS and reviSion. ]