GUJARAT LAND REVENUE RULES, 1972
(1) These rules may be called the Gujarat Land Revenue Rules, 1972.
(2) They shall extend to the whole of the State of Gujarat.
In these rules, unless there is anything repugnant in the subject or context.
(a) "Chapter" and "Section" mean a chapter and a section of that Code.
(b) "Mamlatdar" includes Mahalkari.
(c) "Public Document" has the same meaning as in section 74 of the Indian Evidence Act, 1 of 1872.
(1) Every holding not less in area than the minimum fixed under section 98 shall be separately measured, classified, assessed and defined by boundary marks, and entered in the land records as a survey number.
(2) Every holding of which the area is less than such minimum shall be separately measured, classified and assessed and entered in the land records as a sub-division of that survey number in which it is directed to be comprised; it may also be separately demarcated if the Commissioner of Survey so directs, provided that the said Commissioner may require the persons interested in such holding to pre-pay the costs, or such portion of the costs as he thinks fit, of so defining the holding.
All measurements shall be recorded in a book or embodied in a plane table map kept in such form as shall be prescribed by the Commissioner of Survey for each survey. The said books or maps shall be preserved as a record of the survey.
The original measurements made by the subordinate survey officers employed for the purpose shall be tested by the officers in charge of measuring establishments in such manner and to such extent as the Commissioner of Survey shall deem sufficient.
Village maps shall be prepared under the orders of the Commissioner of Survey showing each survey number and its boundary marks.
For the purposes of assessment all lands shall be classed with respect to its productive qualities. The number of classes and their relative value reckoned in annas shall be fixed under the Commissioner of Survey with reference to the circumstances of the different tracts of country to which the survey extends and to the nature of the cultivation.
Every classes shall keep a field-book and record therein the particulars of his classification of each survey number and sub-division and the reasons which led him to place it in the particular class to which in his estimation it should be deemed to belong. Such field-books shall be preserved as permanent records of the survey.
A test of the original classification made by the subordinate officers employed for this purpose shall be taken by the officers in charge of classing establishments, in such manner and to such extent as may be directed by the Commissioner of Survey.
XVII. The said test shall be an independent test, that is to say, it shall be made by the testing officer in entire ignorance of the original classer's proceedings or record until it has been completed and its results have been finally determined, when only the original classing valuation and the test valuation shall be compared and their separate results recorded. [55 VIII].
XVIII. When any classing operations are undertaken, notice shall be given to the rayats to enable them to represent defects and point out their own improvements (R. 7447-86).
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(1) Any survey number or sub-division of a survey number may be amalgamated with any other coterminous survey number with the sanction of the Collector and upto the application of the holder whenever all the parcels of land proposed for amalgamation are held by the same holder upto the same tenure.
(2) Any sub-division may be amalgamated without prior sanction with any coterminous sub-division of the same survey number held by the same holder upto the same tenure.
(3) When such amalgamation is effected, the two or more portions of land shall become one entry in the land records, bearing the same distinguishing number as the first in series of the amalgamated numbers. Any boundary marks placed between the amalgamated holdings shall be removed and the village map corrected accordingly.
(1) Rules 3 to 11, unless otherwise directed by the State Government, shall be observed in the conduct of revenue survey of lands used, or which may be used, for the purposes of agriculture.
Form and details.-(2) Matters of detail not provided for in the foregoing rules shall be determined in each survey in accordance with such general or special orders as the Commissioner of Survey, acting under the general control of the State Government may, from time to time, issue.
(1) Land of any of the kinds specified In sub- rule (2) shall be measured and mapped in accordance with rules 3 to 6 inclusive, but shall not be classified or assessed in accordance with rules 7 to 10.
(2) The lands referred to In sub-rule (1) are the following:-
(a) occupied unalienated lands, which are situated within an area in which a survey under rules 3 to 11 is in progress and which are used for any non-agricultural purposes;
(b) unoccupied unalienated lands, situated within any such area, which are deemed to be likely to be more in demand for building or industrial purposes than for agriculture: and
(c) all lands to which a survey is extended under section 131.
The Collector on receipt of a schedule of the lands referred to in rule 13(2) shall assess them at the same rates and for the same period as if he were altering an agricultural assessment under whichever of Rules 81 to 85 has been applied to the locality: And also provided that land held under unexpired lease shall become liable to the rate of assessment in force for the locality only upon the expiry of those leases.
Provided that land wholly or partially exempt from assessment. under the proviso to section 52 or under section 128 or otherwise shall not, so far as it is so exempt, be assessed.
43-A, 43-B, 43C. 47, 80, 80-A, 80-AA, 80-B, 81(1), 81(3), 82. 82-A, and 82-AA, 90, 92, 93 and 99 to 103 shall first be calculated to the nearest paise at the rate (Per hectare or otherwise) sanctioned upto the area chargeable, but if any sum so calculated:-
(i) is less than 10 paise, shall be raised to 10 paise:
(ii) exceeds 10 paise and is not an exact multiple of 10 paise, shall be raised to the nearest multiple of 10 paise.
For all lands which have in the past been surveyed or assessed, or which shall be hereafter served or settled under the provisions of the Code and these rules, it shall be the duty of the Director of Land Records-
(1) to cause to be corrected any arithmetical or clerical error whenever discovered.
(2) to cause to be incorporated punctually in the land records all changes in boundaries, areas, tenures and assessments either of survey numbers or of their sub-divisions which are made under orders of competent authority as defined in the Code and these rules or any other Act:
Provided that where the assessment of any survey number has been fixed by declaration under section 102, such assessment shall not be raised upon the discovery of any mistake in classification until the term of such declarat
Detailed instructions and forms shall be drawn up and maintained by the Director of Land Records, subject to the orders and approval of the State Government from time to time for the proper carrying out of Rule 15.
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(1) Where a survey is extended to the site of a town or city, the survey fees payable under section 132 shall ordinarily be so fixed that the total sum payable in respect of such site shall cover the cost of the survey and preparation of the Record of Rights thereof.
(2) In fixing the fees for each building site or any portion thereof held separately the Collector shall have regard to the provision of sub-rule (1) and to the position, value (or rental), and area of such building site or portion thereof, but such fee shall not exceed [seventy rupees].
Before filed operations a notice shall be issued by the Mamlatdar and posted in the village chavdi and proclaimed by beat of drum, stating that the sub-divisions of survey numbers in the village are about to be measured according as they have been divided by the holders and daily notices shall be given as far as possible specifying in the numbers or parts of numbers which are to be measured next day and warning land- holders to be present.
(1) When there is no dispute the boundary of each sub-division shall be laid down according to the statement of the holders.
(2) Where there is any dispute, the boundary to which the dispute relates shall be measured and mapped in accordance with the claims of both disputants, and the dispute entered in the register of disputed cases. After the dispute has been settled under sections 37 and 119-120, or Rule 108, as the case may be, the map shall be corrected accordingly and the areas finally entered into the land records.
The fees to be recovered for making sub-divisions in cases to which section 135G(b) applies shall, unless the State Government in any case otherwise direct, be such as will cover the entire cost of measuring, assessing and mapping the sub- division: they shall be assessed by the Collector.
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The proportionate assessment of sub-divisions to the land revenue settled upon the survey number shall be calculated subject to the proviso to section 117A(2) according to the relative classification value of the several parts of the survey number as directed in rule 10. Detailed instructions shall be prescribed by the Commissioner of Survey subject to the approval of the State Government, and may provide for the rounding off of fractions.
On the introduction of a Survey Settlement, the Superintendent of Survey shall furnish the Collector with a map and statements showing the position and description of the boundary marks erected or prescribed by or under the orders of the Commissioner of Survey. It shall be the duty of the Director of Land Records to amend these maps in accordance with any subsequent alteration of boundaries, in a revision survey or in the sub-division of a survey number or on any other authorised occasion.
Continuous marks-
(1) A boundary strip.
(2) Sarbandhs or hedges and other permanent continuous structures, such as walls. Discontinuous marks-
(3) Conical earthen mounds or cairns (buruz) of loose stones.
(4) Pillars of cut stone, or brick or nibble-stones masonry.
(5) Prismatic or rectangular earthen mounds.
(6) Roughly dressed long stones.
(7) Any other marks found suitable for special localities and sanctioned by the Collector or Survey Officer, such as teak posts in the marine marshes on the Gujarat coasts.
XX. In districts to which the experiment authorised in R. 76
(1) Boundary strips or ridges shall not be ploughed up or otherwise injured by cultivation.
(2) The minimum width of boundary strips shall be as follows:- (a) in dry crop lands45 centimeters (b) in rice and garden lands 20 centimeters:
Provided that-
(i) where the boundaries of such lands are well defined by banks hedges, or the like, the actual width of the strip covered by such bank, hedge, or the like, shall be sufficient for the purpose of this rule;
(ii) where the boundary of a survey number also forms the boundary of a Part B State of Foreign State, the minimum with prescribed above shall be maintained for the portion of the boundary strip on the side State of Bombay: and
(iii) where village bound
Legal Comments
Section - R.26 - Scope of Rule 26 - Maintenance of boundary strips - [Gujarat Land Revenue Rules, 1972] - No direct bearing on mutation/ RTS; referenced here only for procedural context. - [PAGI AATAJI KACHARAJI VS STATE OF GUJARAT - 2011 0 Supreme(Guj) 237]
Introduction - The Gujarat Land Revenue Rules, 1972 govern RTS (mutation/revision) proceedings under Rule 108; Section 108.6A empowers State Government to call records; mutation entries are fiscal in nature and do not confer title. - [Chaital Rashmikant Bhatt VS State of Gujarat - 2017 0 Supreme(Guj) 800] [Hardik Sunilbhai Agrawal VS Prant Officer, Kadi - 2023 0 Supreme(Guj) 302] [Patel Sanjaykumar Natwarlal VS Bhikhuji Bhagwanji Vaghela Heirs Of Bhagwanji Ravaji - 2022 0 Supreme(Guj) 1730]
What Section Says - Rule 108 governs revision of entries in RTS; Rule 108(6) grants power to the Government to call records and remit with directions; 108(6A) empowers State to supervise. - [Hurbaiben Ibhrambhai Lakha VS State Of Gujarat - 2023 0 Supreme(Guj) 165] [01300018804] (context within Rule 108)
Essential ingredients - 1) Existence of an entry in revenue records based on a sale deed; 2) Challenge by aggrieved party via RTS/revision; 3) Timeliness/delay considerations under 108(5) (60 days appeal period) and 108(6) (revision within reasonable time); 4) Jurisdiction limits of Commissioner/Secretary under Rule 108; 5) Principle that mutation entries are for fiscal purposes and do not create title. - [01300023168] [Hurbaiben Ibhrambhai Lakha VS State Of Gujarat - 2023 0 Supreme(Guj) 165] [01300036850]
Scope of Section - RTS revisional power is limited to legality/regularity of proceedings under Rules 106-107 and the entries; cannot adjudicate title or grant eviction; cannot be used to decide questions external to mutation entries; Collector may not exercise Fragmentation Act powers in RTS. - [CHANDULAL H. GHODASARA VS STATE - 1997 0 Supreme(Guj) 178] [Vishnubhai Parshottambhai Patel Since DECD through Heirs VS Somabhai Harmanbhai Patel - 2014 0 Supreme(Guj) 77] [01300028168]
Punishment for Section - Not applicable; Rule 108 deals with procedure and remedies. Penalties not prescribed in these notes; emphasis on legal invalidation of ajdudicated orders when beyond jurisdiction or gross delay. - [PAGI AATAJI KACHARAJI VS STATE OF GUJARAT - 2011 0 Supreme(Guj) 237] [RATILAL MAGANLAL INTWALA SINCE DECD. VS SPECIAL SECRETARY - 2013 0 Supreme(Guj) 229]
Locus Standi / Parties - Locus standing established for petitioners who are owners/holders affected by mutation; a petitioner must be aggrieved and have present rights; mutation in name of original owner may still be challenged by new owner if rights are affected. - [SIDDHARTHBHAI B. SHAH VS STATE - 1999 0 Supreme(Guj) 173] [01300019524]
Delay and Reasonableness - Delays in invoking RTS revisional power past reasonable periods (e.g., several years) often render orders void; Supreme Court/appellate decisions require timely action; delay after sale/deed can invalidate revisional actions under Rule 108(6). - [Chaital Rashmikant Bhatt VS State of Gujarat - 2017 0 Supreme(Guj) 800] [RINKI SHASHIKANT GANDHI VS MAMLATDAR VADODARA TALUKA - 2012 0 Supreme(Guj) 98] [Rinki Shashikant Gandhi VS Mamlatdar Vadodara Taluka - 2012 0 Supreme(Guj) 93]
Locus of Title and Mutation - Mutation entries do not create title; sale entries are to be independently verified; jurisdiction to decide title lies with other authorities; RTS entries merely reflect possession for fiscal purposes. - [COLLECTOR VS HARIJAN DANA LAKHU - 2022 0 Supreme(Guj) 1516] [Dahiben Govabhai Meria VS State of Gujarat - 2023 0 Supreme(Guj) 194] [01300020919]
Fragmentation Act Interplay - Collector cannot exercise Fragmentation Act powers under RTS Rule 108(6); cross-use of enactments is impermissible; if fragmentation violation is alleged, separate proceedings under Fragmentation Act must be pursued. - [Vishnubhai Parshottambhai Patel Since DECD through Heirs VS Somabhai Harmanbhai Patel - 2014 0 Supreme(Guj) 77] [RINKI SHASHIKANT GANDHI VS MAMLATDAR VADODARA TALUKA - 2012 0 Supreme(Guj) 98]
Notable Case Principle - Evergreen Apartment HD v. Special Secretary (Appeals), Revenue Department (1991) reaffirmed that revenue officers cannot override substantial title rights via RTS; mutation entries are not title-defining. - [PAGI AATAJI KACHARAJI VS STATE OF GUJARAT - 2011 0 Supreme(Guj) 237]
Notification of Disputed Entries - In 135D proceedings, objections must be entered in the disputed cases register; show-cause and hearing must follow; rejection due to delay must be reasoned. - [Hardik Sunilbhai Agrawal VS Prant Officer, Kadi - 2023 0 Supreme(Guj) 302]
Laches/Delay as Ground to Quash - Enormous delay (years) between transaction and RTS challenge can be a ground to quash; mutative entries require timely challenge; delay reduces legitimacy of subsequent RTS revisions. - [Shantilal Khermraj Ranka Since Deceased through Heirs VS State of Gujarat - 2015 0 Supreme(Guj) 981] [Minaxi Rameshbhai Bhasin VS State Of Gujarat - 2022 0 Supreme(Guj) 1586]
Privacy of Beneficiaries - Petitions may be entertained by private persons where rights are affected by mutation; however, if mutation has matured in favor of a party with no challenge, petition may be dismissed for lack of locus or delay. - [BEDIBEN D/O BUDHIYABHAI RATHODW/OAJESHBHAI KALPESHWAR JHA VS DISTRICT COLLECTOR - 2021 0 Supreme(Guj) 1003]
Adequacy of Opportunity - Absence of proper opportunity or violation of natural justice in RTS revisions can justify quashing; show-cause notices must be properly issued and provided with hearing. - [Shrinathji State Bank Staff C. H. S. Ltd. Part – 1 VS State Of Gujarat - 2023 0 Supreme(Guj) 498]
Section 135D - Mutation Objections - Section 135D(3) requires recording objections in the disputed cases; authorities must consider objections, not certifying an entry in contravention. - [Hardik Sunilbhai Agrawal VS Prant Officer, Kadi - 2023 0 Supreme(Guj) 302]
Jurisdictional Boundaries - Multiple judgments hold that RTS is a limited revisional channel; for title disputes or large scale land rights, Civil Court or other tribunals should adjudicate after appropriate binding orders. - [Shantilal Khermraj Ranka Since Deceased through Heirs VS State of Gujarat - 2015 0 Supreme(Guj) 981] [Hurbaiben Ibhrambhai Lakha VS State Of Gujarat - 2023 0 Supreme(Guj) 165]
Title vs. Mutation - Supreme Court/High Court rulings emphasize that mutation entries do not by themselves confer title; rights must be adjudicated by other competent authorities; mutation is for revenue/possession tracking. - [Hurbaiben Ibhrambhai Lakha VS State Of Gujarat - 2023 0 Supreme(Guj) 165] [01300028904]
Authority’s Misuse - Revisions under Rule 108 cannot be used to nullify past valid entries simply due to time lag; if delay is unexplained, the revision cannot proceed; reliance on Rule 108(6A) must be properly grounded. - [Rinki Shashikant Gandhi VS Mamlatdar Vadodara Taluka - 2012 0 Supreme(Guj) 93] [RATILAL MAGANLAL INTWALA SINCE DECD. VS SPECIAL SECRETARY - 2013 0 Supreme(Guj) 229]
Mutation vs. Forfeiture - RTS cannot direct forfeiture of land to State Government under Fragmentation Act; such orders exceed RTS jurisdiction and are void. - [RINKI SHASHIKANT GANDHI VS MAMLATDAR VADODARA TALUKA - 2012 0 Supreme(Guj) 98]
Final Reflections - The Gujarat L.R. Rules 1972 chapter on RTS emphasizes careful adherence to time limits, proper notice, and separation of powers to avoid collusion of enactments; mutation remains a fiscal instrument rather than a title-declaring tool. - [Hurbaiben Ibhrambhai Lakha VS State Of Gujarat - 2023 0 Supreme(Guj) 165] [PAGI AATAJI KACHARAJI VS STATE OF GUJARAT - 2011 0 Supreme(Guj) 237]
Source references for overview and principles:
The following boundary marks shall be considered out of repair and shall be repaired in the manner prescribed for each kind as follows-
(a) A continuous mark (strip, sarbandh, hedges, etc.), if it deviates more than ninety centimetres from the true straight line of the boundary. Mode of repair-Either the deviation shall be rectified or the continuous mark not being a boundary strip must be replaced or supplemented by discontinuous marks.
(b) Any conical mound or Cain less than 75 centimeters in height and 6 feet in diameter at the base. Mode of repair-Raise it to 3 feet in height and 6 feet in width at the base.
(c) Any rectangular mound less than 60 centimetres high, or less than 150 centimetres long and 120 centimetres wide at the base. Mode of Repair-The mound shall be raised to full dimen
(1) The responsibility of the several landholders for boundary marks on a common boundary lies on the holder of the survey number which is numerically lowest.
(2) Sub-rule (1) is subject to the proviso that when any survey number is unoccupied or assigned for public or Government purposes the responsibility for repair of the marks on its periphery will pass to the landholder on the other side of the boundary. Repairs will be made at Government expenses only when the marks in disrepair lie between survey numbers each of which has no holder except the State Government.
(3) Within each survey number the holder or holders of each sub-division are responsible for the marks if any have been prescribed on the periphery of that sub-division to the same extent as they would be responsible if 'sub-division' were read instead of 'survey number' in
(1)
(a) Before an enquiry under section 37 a written notice in Form B of the proposed enquiry and of the time and place and subject-matter thereof shall be affixed not less than ten days before the enquiry at the chavdi or some other public place in the village in which the chavdi or some other public place in the village in which the property is situate: and in a conspicuous position upon the property with respect to which the inquiry will be held.
(b) A copy of the notice shall also be served not less than ten days before the enquiry on all persons who are known or believed to have made any claim to the subject-matter of the enquiry, and every such notice shall be served in the manner provided in section 190 for the service of a summons.
(2) Notice of decision.-
&
(a) The right of Government to mines and mineral products which is reserved by section 69 shall not be disposed of without the sanction of the State Government, and in all grants of land the right to mines and mineral products and full liberty of access for the purpose of working and searching for the same shall be deemed to be reserved unless the State Government direct to the contrary and unless such right and liberty are expressly granted.
(b) No land situate within port limits shall be disposed of without the written concurrence of the Collector of Salt Revenue and without the reservation as to the tree-growth provided for in rule 58(d).
(c) In all grants and disposals of land the right of occupation and use only subject to the provisions of the Code shall be granted: and not the proprietary right of Government in the soil itself.
Land may not be granted free of land revenue without the sanction of the State Government except as hereinafter provided.
The extent, to which the right of Government to trees is generally conceded to occupants under the third paragraph of section 40 shall be specified in the notification issued under rule 17. The said general concession will ordinarily extend to all trees, except the following:- Provided that whenever any land is disposed of after the first introduction of a settlement of land revenue, such trees shall also be disposed of under section 62;
(a) all road-side trees planted by or under the orders of Government:
(b) teak, black wood, and sandalwood:
(c) trees, the produce of which has hitherto been disposed of by the State Government:
(d) any trees specially reserved in the terms of the grant of the land
Trees in groves, trees round temples or places of encampment declared to be such by the Collector, and trees other than teak, black wood or sandalwood, which for any reason are of special value or utility, shall be specially reserved at the settlement and entries to that effect made in the settlement records.
(1) Subject to the provisions of rule 63 the disposal of trees on land occupied or being given out for occupation shall be regulated by the following sub-rules.
(2) Of the trees to which the rights of Government are reserved, such number of kinds as the State Government may from time to time direct will be at the disposal of the Forest Department. Lists shall be kept for all occupied numbers, over the trees in which the Forest Department has any control or lien; the clearing of these numbers by the Forest Department shall be arranged in concert with the Collector, and every number when cleared shall be arranged in concert with the Collector, and every number when cleared shall be Forest Department. In districts, where there is no Forest Officer, these functions will be discharged by the Collector alone.
(3) All other reserved trees shall
Whenever the right to unreserved trees in any land is at the disposal of the State Government simultaneously with such land all such trees shall invariably be disposed of to the same who acquires the holding and to any other person.
When the right of Government to the trees in a holding has been once disposed of to the occupant, or when all the reserved trees have been once cut and removed either-
(a) at the grant of the land, or
(b) after such grant, or
(c) within five years before such grant. Government will have no further claim to trees, which may afterwards grow in the holding, or which may spring up from the old roots or stumps, so long as the land continues in occupation.
(1) Nothing in rules 60 to 62 inclusive shall be deemed to apply to varkas lands in the districts to Thana, Kolaba and Ratnagiri, and beta lands in the district of Kanara, or to any land in the Dindori taluka or the Peth taluka of the Nasik district or to any land on the bank of streams and nalas in the Godhara Taluka of the Panch Mahals District, or to any river-side jambul trees growing in occupied lands on the banks of the rivers Mula, Pravara, Mhais and Mhalungi in the Parner, Rahuri, Sangamer, and Akola Talukas of the Ahmednagar Districts, or (Pending the completion of the acquisition of all occupied lands within the sanctioned demarcation limits of the forest in the Haveli, Purandhar, Junnar and Ambegaon Talukas of Poona District) and the Patna, Karad and Wai Talukas and the Shirala Peta of the Satara District to any teak trees in such unalienated land.
(2) In the said lands
(1) The produce of Government trees may be sold by auction actually or for a period of years.
(2) Where any such trees are sold under section 41, the sale shall be by auction or other wise as the Collector may direct.
(1) The grazing and or other produce of all unoccupied land vesting in Government whether a survey settlement extends to such land or not, and whether the same is assessed or not and of all land specially reserved for grass or for grazing (except land assigned to villages for free pasturage), may be sold by public auction or otherwise, as the collector deems fit, year by year, or for any term not exceeding five years, either field by field or in tracts, and at such time as the Collector shall determine: Provided that the purchasers' rights over such land shall entirely cease on the dates respectively fixed in the following table, unless, under special circumstances, the collector deems it necessary to alter the time so fixed:-
Collectorates
Waste assessed
&n
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(1) With the previous permission in writing of the revenue patel, or where there is no such patel, of the Mamlatdar, but without payment of fee (a) any potter or maker of bricks or tiles may, for the purpose of his trade, (b) any person may for his domestic or agricultural purposes remove earth, stone, kankar, sand, murum or other material from the bed of the sea or from the beds of creeks, rivers and nalas or from any unassessed waste land within the limits of the village in which he resides or in which the land for the benefit of which the materials are required is situated: Provided that no such permission shall be given in respect of lands assigned as burial or burning grounds or for religious purposes.
(2) Nothing in this rule applies to any case falling under rule 69, and where it appears to the revenue patel that any case of which application is made to him under this rule f
(1) With the previous permission in writing removal of stone etc. of the Mamlatdars for building, well etc., within whose jurisdiction the stone, kankar, sand, murum or other material is situated but without payment of any fee, any person may, for the purpose of building a well or for his domestic or agricultural purposes but not for sale or personal gain, remove such material from any of the sources specified in sub-rule (1) of rule 67, provided that the value of the material to be removed, does not exceed 3 (17) 17. Substituted by No. B-205, dt. 27-1 1- 1939.[one hundred/fifty rupees].
(2) If any such material lies in a taluka other than the taluka in which the person resides, or in which the land for the benefit of which the material is required is situated then permission under sub- rule (1) shall be granted only with the concurrence of the mamlatdar in whose jurisdiction such
(1) In any case where excavation of the soil is likely to damage or destroy any valuable building or any land required for any special or public purpose or any boundary mark, the previous sanction of the Mamlatdar to any such removal shall be required and he shall refuse permission to the extent necessary to prevent such damage or destruction.
(2) Ports.-No Patel or Mamlatdar may permit removal under rule 67 or 68 from land within port limits, or on the banks or shore of any port without the written concurrence of the "Collector of Salt Revenue" and under such conditions, if any, as he may impose.
(3) Bricks etc.-In any case where it appears to the Mamlatdar that the trade carried on by any potter or maker of bricks or tiles is sufficiently extensive and lucrative to render such a charge fair and equitable he shall refer the case to the
Any person may, with the sanction of the revenue patel, take free of all charge from village tanks as much earth, stone, kankar, sand, murum or other material as he requires: provided that no stone shall be removed that may have fallen from the banks of built tanks, and that no excavation shall be made within 5 meters of the embankment of any such tank.
When a holding is bounded on any side by the bank or shore of a river, creek or nala or of the sea. the holder will be permitted, subject to the provisions contained in sections 46, 47, 63 and 64, to occupy and use the land up to such bank or shore, notwithstanding that its position may shift from time to time.
(a)Claims to decrease of assessment on account of diluvion under section 47 shall be disposed of by the Collector.
(b) It shall be the duty of the village officers to ascertain and to record the increases due to alluvion and losses due to diluvion in every holding subject to such changes. They shall also report tot he Mamlatdar for orders when the area of any newly formed alluvial or island, or of any abandoned river bed, or land lost by diluvion exceeds the limits prescribed in secs. 46, 47 and 64.
(1) Gurcharan (gairan) or grazing ground for cattle, burial and burning grounds, spots near villages on which the village cattle stand, and lands for the use of village dhobis and potters, and for other recognised public needs may be assigned by the other recognised public needs may be assigned by the Collector for these purposes respectively, according to the reasonable requirements of the villagers without charge: and he may for sufficient reasons at any time revoke such assignment.
(2) Orders under this rule shall be passed in writing and recorded.
(1) Every notice given under section 74 shall in From L and the declaration below the notice shall be subscribed by two respectable witnesses.
(2) The Mamlatdar who receives any such notice will be held responsible for exercising due care in ascertaining the identity of the person who has signed the same, notwithstanding that such notice has been duly endorsed as hereinbefore required.
XXVII. All notices received under section 74 shall be kept in the records of the village accountant until the expiry of one year after the end of the year in which they were given and afterwards in the records of the Mamlatdar for least 12 years. Entry will at once be made in the Diary of Mutations and at certified in due course: this will ensure sufficient record.
(1) Subject to the provisions of section 74 and 76 of the Bombay Land Revenue Code, 1879 (Bom. V of 1879). the holder or holders of any land held for service intending to relinquish the same or any part thereof, that is, to resign or surrender it in favour of Government, shall make an application to the Collector of the district in which such land or part thereof is situate. Such application shall be in writing and shall be signed by the holder or, if there are joint holders, by all such joint holders. If the land is held hereditarily for service, the application shall be accompanied by the consent in writing of all persons who may, at the date of the application, have a present hereditary interest in the land.
(2) If the holder of any of the joint holders or any person having the present hereditary interest is affected with a legal disability, the application or consent as the cas
On the receipt of such application, the Collector may, after holding an inquiry himself or causing such inquiry to be held by an officer not lower in rank than a Mamlatdar or Mahalkari, and on being satisfied that the requirements of sub- rule (1) have been duly complied, with, direct that the land shall, subject to rights, encumbrances or equities (other than those of Government, the applicant and any other person consenting to the relinquishment) lawfully subsisting in favour of any person, be entered in Government records as unalienated unoccupied land, and the land shall thereupon cease to be land held for service. The Collector may grant permission to occupy the said land or any portion thereof to any person who made or consented to the relinquishment on such terms and conditions as he thinks fit.
(1) Land included as unarable (pot kharah) in a survey number assessed for purposes of agriculture only is of two kinds: - The cultivation of class (b) is hereby prohibited under section 48, sub-section (3):
(a) that which is classed an unfit for agriculture at the time of survey including the farm building or threshing-floors of the holder;
(b) that which is not assessed because it is reserved or assigned for public purposes; or because it is occupied by a road or recognized footpath, or by a tank or stream used by persons other than the holder for irrigation or for drinking or domestic purposes, or used for a burial or burning ground by any community, or by the public: or because it is assigned for village potteries.
(a) Class (a) may be brought under cultivation at time by the holder and n
(1) No occupant of unalienated land, whether assessed for any purpose or not, shall use the same or any part thereof for the manufacture of salt without the previous permission in writing of the Collector of the district.
(2) The Collector may, in consultation with the Collector of Central Excises and Salt Revenue, Bombay, grant permission for the use of such land for such purpose, subject to the payment of non-agricultural assessment leviable on the land, and to such further conditions as the Collector may, subject to the general or special orders of the State Government, impose.
Save as provided in sec. 65 and rule 76, no occupant of land assessed or held for purposes of agriculture only, and no person claiming under or acting by authority of any such occupant, shall excavate or remove earth, stone other than loose surface stones, kankar sand, muram or any other material of the soil thereof, or make any other use of the land (a) so as, in the opinion of the Collector, thereby to destroy or materially injure the land for cultivation or (b) for purposes of trade or profit or any other purpose except his own domestic or agricultural purposes.
No holder of land assessed or held as a building site, or lease-holder of a building site in a hill station, and no person claiming under any such holder or lease- holder, shall, subject to any special provision in the conditions annexed to his holding under section 62, section 67 or otherwise, or prescribed by his lease, excavate or remove for at purpose whatever earth stone other than loose surface stones, kankar, sand, murum or any other material of the soil thereof, except with the previous permission in writing of the Collector, and in accordance with such terms (including the payment of fees for any such excavation or removal) as the Collector in each case thinks fit to prescribe having regard to the provisions of the Bombay Minor Mineral Extraction Rules, 1955.
(1) No unalienated land within the site of city, town or village shall be excavated without the previous written permission of the Collector, for any purpose except the laying of foundations for buildings, the sinking of wells and the making of grain-pits.
(2) When permission is granted by the Collector to excavate any such land as aforesaid for any purpose other than those above mentioned, such excavation shall not be made otherwise than in accordance with such terms (including the payment of fees for any such excavation) as the Collector in each case thinks fit to prescribe having regard to the provisions of Bombay Minor Mineral Extraction Rules, 1955.
(1) An application for compensation under clause (a) of sub-section (5) of section 69-A of the Act shall be made on or before 31st December, [1987].
(2) Application for compensation under clause (d) of sub-section (5) of section 69-A of the Act shall be made in Form L-L]
3 (21) 21. Substituted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976. [ Where unalienated land assessed or held for purpose of agriculture only is subsequently permitted or deemed to have been permitted to be used or is used, for any purpose unconnected with agriculture, or where unalienated land assessed or held for a non-agricultural purpose is subsequently permitted or deemed to have been permitted to be used, or is used, for any other non-agricultural purpose, the assessment upon the land so permitted or deemed to have been permitted to be used, or, as the case may be, so used shall (except in cases provided for in rules 43, 76 and except as otherwise directed by the State Government) be altered under sub-section (2) of section 48 and such alteration shall he made by the Collector in accordance with the rules contain
3 (22) 22. Deleted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[x x x]
Where non-agricultural assessment in respect of any land held or used for any non-agricultural purpose in merged territories and merged areas has been fixed in accordance with the law prevailing in such territories immediately before their merger, then irrespective of the facts whether or not the term for which such assessment is payable has been fixed or whether where such term has been fixed but the term has not expired, it shall be lawful for the Collector to revise from time to time the rate of non-agricultural assessment on such land in accordance with the rules contained in this chapter.
Explanation.-For the purposes of these rules the expression "merged area" shall have the meaning assigned to it in clause (1) of section 2 of the Bombay Merged Areas (Amendment of laws) Act, 1949 (Bom. XXX of 1949).
3 (23) 23. Inserted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[Where non- agricultural assessment in respect of any land held or used for any non-agricultural purpose has been fixed at the rate in force immediately before the coming into force of the Gujarat Land Revenue (Amendment) Rules, 1977 then irrespective of whether or not the term for which such assessment is payable has been fixed or whether such term, if it has been fixed has not expired, it shall be lawful or the Collector to revise from time to time the rate of non-agricultural assessment in respect of such land in accordance with the rules contained in this Chapter.]
When land which is held or used for any non-agricultural purpose is assessed under the provisions of section 52, such assessment shall be fixed and revised by the Collector from time to time in accordance with the rules contained in this Chapter.
Ordinary rates of non-agricultural assessment, 3 (24) 24. Substituted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[3 (30) 30. Substituted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[
(1) For the purpose of determining generally the rate of non-agricultural assessment leviable, the Collector shall, from time to time, by a notification in the Official Gazette,- (a) divide villages, towns and cities into the following classes, namely:- 3 (25) 25. Substituted by No. GHM-92/36/M-LRR-1089-150-K, dt. 8-4-92, pb. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 8-4-92, p. 77.[
Class A : The cities of Ahmedabad, Vadodara, Surat, Rajkot, Bhavn
3 (31) 31. Deleted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[xxx].
Notwithstanding anything in 3 (32) 32. Substituted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[rule 81] in any area to which the State Government may by notification in the Official Gazette direct that this rule shall be applied an additional rate of Rs. 10 for every lakh of bricks manufactured in any one year shall be levied in addition to the annual assessment at the rate determined in accordance with the provisions of rule 81 3 (33) 33. Deleted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[x x x] and if such rate is less than Rs. 40 at the rate of Rs. 100 per hectare on land used for the manufacture of brick. Provided that where exact accounts of manufacture are not available, the Collector shall be at libert
3 (34) 34. Deleted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[xxx].
[Cancelled].
In hill stations and such other as the State Government may direct, permission shall not be granted under section 65 except on such conditions as are considered desirable, regarding the style of building, the period for constructions and the observance of municipal or sanitary regulation. Such conditions shall be embodied in the Sanad.
3 (35) 35. Substituted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[
(1) When any unoccupied unalienated agricultural land is sold or leased or when any occupied unalienated agricultural land is permitted to be used for a non-agricultural purpose or when any land held or assessed for non-agricultural purpose the specific purpose for which the land should be used shall be stated in the order or the agreement or sanad or other instrument under which the sale or lease of land is made or the permission for conversion of use from agricultural to non-agricultural purpose or from one non-agricultural purpose to another is granted].
(2) In every such case, it shall be lawful for the Collector to levy such fine and assessment or rent as th
Non-agricultural assessment shall ordinarily be levied upon the whole of the land within the compound of a building and not merely upon the land covered with building.
XXVII-A. (1) The concession of paying 3/8ths of the non-agricultural assessment leviable in respect of non-agricultural plots which obtains at present only in the Bombay Suburban District and in Ahmedabad city and its Suburbs under the orders mentioned below* should be reduced and non-agricultural plots in the whole. Province should with effect from 1st August 1947 be given the concession of paying 5/8ths of the non-agricultural assessment payable under the rules. This concession should, however, be restricted only to non-commercial and non-industrial, non-agricultural uses of lands:- *Government Resolution No. 144/24, dated the 6th July 1928. Government Resolution No. 6694/24, dated the 25th October 1928. Governmen
[xxx].
3 (36) 36. Deleted No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[xxx].
3 (37) 37. Substituted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[Whenever unalienated land held or used for agriculture is permitted or deemed to be permitted to be used for a non-agricultural purpose or whenever land held or used for non- agricultural purpose is permitted or deemed to have been permitted to be used for any other non-agricultural purpose under the relevant provisions of the Code. and is assessed under the provisions of rule 81 to 85, a Sanad shall be granted in Form M].
[x x x].
[x x x].
3 (38) 38. Deleted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[x x x].
(1) When any holding, which has been assessed or of which the assessment has been altered for any non-agricultural use, is used for agriculture only, the Collector may, on the application of the holder, remove the non- agricultural assessment and impose either the old agricultural assessment, if any, and if settlement period has not expired, or may impose in other cases a new agricultural assessment equivalent to that imposed on other similar agricultural lands in the vicinity.
(2) Such agricultural assessment shall be subject to the same conditions as to periodical and the same rules and provisions of law as if they had been imposed at the ordinary revenue settlement of the village in which the land is situated: Provided that if the holder has paid any lump sum as commuted assessment for any period, he shall not be entitled to any refund or to any change in the conditions of his l
[x x x].
[x x x].
[x x x].
[x x x].
3 (39) 39. Deleted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[x x x].
The provisions of rule 91 shall apply also to the holdings assessed to non-agricultural use in surveyed and settled alienated villages.
[x x x]
3 (40) 40. Deleted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[x x x].
3 (41) 41. Deleted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[x x x]
3 (42) 42. Substituted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[Any fine imposed by the Collector under the conditions annexed to the grant under section 62 or under the terms and conditions imposed under section 67 shall be fixed by him at his discretion and subject to rule 101 may extend to forty times non-agricultural assessment imposed under this Chapter].
When the material of the soil of any occupied land is employed for bricks or tiles or pottery or for any other non-agricultural purposes, without the permission of the Collector being first obtained and the value of the land is thereby adversely affected, a fine may be levied at a rate not exceeding double the rate prescribed in rule 100.
3 (43) 43. Substituted by No.GHM-78-34-(A) M-LRR-1077-43064-L, dt. 24-1-1978: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 24-1-78, p. 49 with retrospective effect from 1-9-1976.[Notwithstanding anything contained in rules 100 and 101, the Collector may. in such case as the State Government deem exceptional or unusual, impose a fine whether under the conditions annexed to grant under section 62 or under the terms and conditions imposed under section 67, at such rates as may be fixed by State Government in that behalf].
[The limit of fine to be levied under section 61, when land is unauthorisedly occupied and used for non-agricultural purpose shall be 100 times the non-agricultural assessment payable under this Chapter: Provided that a fine upto Rs. 250 may be levied in any such case irrespective of the area of the land involved].
The record of rights and mutations, the index of lands and the register of disputed cases shall be kept in forms O.P and Q respectively: provided that in sites surveyed under section 131. these forms may be modified by the Director of Land Records to suit the requirements of cities, the record of rights being termed the "Property Register". After the original preparation of the Records, all later entries altering or transferring those rights are termed "mutations".
(1) When the record of rights is first introduced in any village, as soon as the preparation has begun, the village accountant shall cause notice thereof to be given by beat of drum and shall paste a written notice in the chavdi. He shall also write at the head of the record a certificate that such notice was duly given.
(2) Prior to the preparation of the fair copy of the record of rights. the village accountant shall prepare a rough copy of the record in form of an Index of Lands with all rights noted against each parcel. Until the fair copy is prepared, such rough copy shall be used as and be deemed to be the register of mutations, and the provisions of the code and of these rules which apply to the said register shall apply so far as may be to such rough copy, and the provisions of rule 111 respecting the introduction of the rewritten copy of the index shall apply so far as may
(1) Every mutation shall be posted in the Diary by the village accountant and examined by the Circle Inspector and shall be read out and explained by the latter to all persons present.
(2) The Circle Inspector shall initial all entries so examined.
(3) If any person adversely affected admits an entry to be correct. the Circle Inspector shall note the admission.
(4) If any interested person disputes the correctness of an entry. the Circle Inspector shall not erase but shall correct any errors admitted by all parties either by bracketing the errors and inserting the correct entries by interlineations or side not or by an entirely fresh entry, in either case authenticated by his signature: if the error is not admitted, he shall enter the dispute in the Register of Displaced Cases (Form Q), and it
(1) The entries in the Diary of mutations shall be further tested and revised by a revenue office not lower in rank than a Mamlatdars First Karkun.
(2) Any entry found by such officer to correct shall be certified by him.
(3) Any entry found to be incorrect, if no dispute is brought to his notice, be corrected as in rule 106(4) and certified by him. such correction shall be a new mutation for the purpose of section 135-D(2).
(4) Where such officer finds that there is a dispute regarding any entry examined by him, he shall enter the dispute in the register of disputed cases and the dispute shall be disposed of under rule 108. Such officer shall, wherever possible, himself dispose of the dispute under the said rule forthwith.
(5) An appeal only shall
(1) Disputes entered in the register of disputed cases shall ordinarily be disposed of by the Mamlatdar's First Karkun or by the Mamlatdar, but may be disposed of by the District Inspector of Land Records or by any revenue officer of superior rank to that of First Karkun.
(2) The enquiry shall ordinarily be made in the village in which the land is situate or where the interested parties reside.
(3) The officer making the enquiry shall record his order disposing of the dispute in the said register, and shall then make such entry in the Diary of mutations as may be necessary.
(4) Such officer shall certify the entry in the Diary of mutations to be correct.
(5) An appeal against an order under this rule shall, if the order has been made by the Mamlatda
Entries in tile Diary of mutations shall ordinarily be transferred to the index of lands as soon as certified.
The index of lands shall be rewritten incorporating all mutations recorded up to the date prescribed by the sub- divisional officer whenever that officer, in view of the number of entries in the Diary of mutations, shall so direct.
(1) When the re-written index of land is reported to be complete, the Collector or sub-divisional officer shall fix a date for its inspection and shall cause notice thereof to be given calling upon all persons interested to appear on such date at a specified place in or in the immediate vicinity of the village concerned, and notifying that any such persons may before such date inspect the Index on application.
(2) On the date and at the place appointed the Collector or sub- divisional officer shall compare the new copy with the old index and the Diary of mutations, cause such portions thereof to be read out as any of the persons present may desire to hear, read and make any correction that may be necessary.
(3) Such officer shall then sign the new Index and subscribe below it a certificate that the entries therein have been duly tested a
Where a revenue officer or a village accountant issues any summons or notice under section 135-E(1) or G, he shall follow the provisions of section 190 or 191, as the case may be.
Record of such tenancies as are not perpetual or notified under section 135-B(2) shall be kept in form R. The entries therein shall be tested by the Circle Inspector when he examines the crops, and by other officers of higher rank. When any error is discovered by any of these Inspecting Officers, they may correct it and initial the corrected entry. The register will be compiled every ten years, but there will be no notification. When any dispute as to such tenancies is found to exist, a note of the fact may be made in the register, but no entry will be made in the register of disputed cases, nor will any revenue officer decide the dispute.
All payments of land revenue shall be made to the officers of the village in which such revenue is due: Provided that, with the sanction of the Collector. such payment may in special cases be made into a Government Treasury within the district to which the payment appertains. Provided further that where the Collector acting under the general or special orders of Government, declares any village in a taluka to be a centre for the payment of land revenue in respect of such villages as the Collector specifies in that behalf, payment of the land revenue due in the villages so specified, to the officers of those villages shall be made at the centre so declared.
Any declaration made by the Collector under rule 114 shall be made known by affixing a copy thereof in the chavdi or some other public building in the village concerned or in such other manner as the Collector may deem expedient.
(1) In cases where the non-agricultural assessment is fixed under rule 87, the assessment, if it does not exceed one rupee, may with the consent of the Collector instead of being rendered annually, be commuted at any time by the occupant for a lump payment for the term or residual part of the term for which it is fixed. The lump payment shall be equal to three-quarters of the aggregate amount of the assessment due for the said term or residual part thereof, as the case may be, or twenty times the assessment, whichever is less, A note of such payment or commutation shall be made in 01- at the foot of the sanad or lease granted in respect of the land under rule 87(b). On the expiry of the period for which it has been commuted the assessment, whether revised or not, shall again be leviable unless it is again commuted under this rule.
(2) The lessee of any land the rent of which is fix
3 (46) 46. Substituted by No. GHM-80-150-M-LRR-1079-58791-L, dt. 23-4-80: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 25-4-80, p. 60 w.e.f. 1-8-1980.[
(i) The Collectors shall classify the villagers in their districts into the following three classes:-
Class I Kharif 1 (Kharif villages).
Class II Kharif 2 (Kharif villages where main crop is cotton).
Class III Rabi (Rabi villages).
(ii) The Collectors decision regarding classification of a village as above shall be final].
3 (47) 47. Substituted by No. GHM-80-150-M-LRR-1079-58791-L, dt. 23-4-80: Pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 25-4-80, p. 60 w.e.f. 1-8-1980.[
(1) The land Revenue payable in respect of lands assessed for purpose of agriculture only shall be paid in one installment on the following dates.- Class I Class III Class II Villages Villages Villages up to 15th March up to 15th April
(2) Provided that the Collector shall be competent to fix every year the date of making initial demands for payment of Land Revenue in villages of different classification in his district taking into account the local conditions].
Land revenue, other than due upon agricultural land shall ordinarily be paid in one installment, at the time of the first installment of agricultural land revenue or on such other date as the Collector thinks fit in any case to prescribe; but in special cases the Collector may in his discretion allow the payment to be made in two or more installments on dates which shall be fixed by him.
(1)The cost of the preparation or revision of maps or plans including all contingent expenses assessed in respect of any land under section 135-G shall subject to the provisions of sub-rule (2), be recovered in the following manner, that is to say:-
(i) Where such cost does not exceed the amount of assessment levied on the land, it shall be recovered in lump sum on the date fixed for the payment of the first installment or agricultural land revenue or on such other date as the Collector thinks fit in any case to prescribe.
(ii) Where such cost exceeds that amount of assessment levied on the land, it shall ordinarily be recovered in such a manner that in addition to the assessment payable, in respect of the land, the occupant or the superior holder shall not be required to pay in any year a sum exceeding the amount of such assessment.
3 (49) 49. Substituted by No. GHM/89/65/M/LRR/1086/2516/K, dt. 29-5-1989: pub. in Guj. Govt. Gaz. Ext. Pt. IV-B, dt. 2-6-89, p. 113.[ Manner and time of payment of conversion tax: The Conversion Tax payable under section 67-A shall be paid in advance by a challan in the Government Treasury. A demand notice shall be issued by the Collector for this purpose. Such a demand notice shall state that necessary orders for permission under section 65 or as the case may be, section 65-A shall be issued after production of the challan before the Collector].
3 (50) 50. Inserted by No.GHM-78-(A)-144-M-LRR-2171-109334-L, dt. 18-4-78, pt. IV-B, Ext., dt. 18-4-78, p. 374-76 w.e.f. 1-5-1978. [
(i) In such cases in which the recovery proceeding have to be adopted because of the default in payment by the defaulter 3 (51) 51. Substituted by GHM-83-M-96-(A) LRR-2171-109334-L, dt. 13-5-83: Pub. in Guj. Govt. Gaz. Pt. IV-B, Ext. Dt. 16-5-83, p. 113 w.e.f. 16-5-1983.[5%] recoverable as arrears of land revenue under any Law for the time being In force shall be recovered as the costs recoverable from the defaulters as arrears of land revenue, in the manner provided therefor in the said code that is to say.
(ii) The notice of demand in Form "S" prescribed under rule 118 of the Gujarat Land Revenue Rules, 1972, shall be issued by the Collector on or after day following that on which the arrear accrues.
&
The notice of demand to be issued under section 152 shall be in Form S.
(a) It shall be the duty of the village officers to warn land holders verbally from time to time of the dates on which their installments without resort to notices of demand or other compulsory processes.
(b) Village officers shall report to the Mamlatdar the names of land-holders who, they have reason to believe, will not punctually pay their installments, in order that precautionary measures under sections 140-145 may be, when necessary, adopted in time: and shall immediately report any case where the produce of any land on which the assessment has not been paid is attached by a Civil Court.
A superior holder seeking assistance under section 86 for the recovery of rent or land revenue payable to him by inferior holders, or by co sharers in his holding may make one application in respect of all or any number of the inferior holders or co-sharers if the land in respect of which the rent or the land revenue is payable by them is situated in one and the same village. Revenue which has not been suspended shall include unauthorised arrears of previous years, provided that the grant of suspensions shall not be contingent on the collection of such arrears when the Collector by special orders so directs. GENERAL CALAMITIES (R. 4966-24 of 1st May 1929) A.-Suspensions of Consolidated Land Revenue The procedure for making the anna valuation is thus laid down in Government Resolution No. L.C. 1145-B, dated 24th June 1927- *Sholapur district.- Bijapur district-(excluding the villages Hippargi, Shurapali, Chik- Padasalgi and Hi
Where the Collector thinks it advisable that the holding of a defaulter should, after forfeiture, be either restored to the defaulter or given out with or without any occupancy price to any other person, subject to the condition that he shall not transfer it in any way to another person without the previous sanction in writing of the Collector, the Collector, after having declared such holding to be forfeited to the State Government, may, without having resort to any of the other means provided in the Code for the recovery of an arrear of land revenue, restore, or give it out (as the, case may be) accordingly, and shall take an agreement in form T.
XLV. Where Rule 120 is not applied, resort should not be had to forfeiture of land unless it appears to the Collector that the arrears cannot be readily recovered by any of the other means provided in Chapter XI of the Code,
Where the land in respect of which an arrear is due consists of two more survey numbers or of two or more sub-division of survey numbers or of two or more estates separately assessed, and the Collector is of opinion that the whole amount of such arrear could be realized by the sale of less than all of such survey numbers, portion or estates, he shall restrict forfeiture of such one or more survey numbers or the sub-divisions as prove sufficient to realize the arrears.
[Deleted].
Forfeited land shall not be put up for sale in the following cases but shall be disposed of in the manner hereinafter prescribed for the particular case under which it falls, namely:-
(a) Where the Collector thinks that, owing to general agricultural depression or to the want of demand for such land, or to a combination of the neighboring land-holders, or for any other special cause, there will be no bidders at the sale, or that the highest amount bid will be considerably below the reasonable value, he shall cause the land to be entered in the land records as unoccupied.
(b) Where the Collector finds that the land is likely to be required either immediately or within a reasonable time for any of the purposes described in section 38, he shall take steps at once to assign it for such purpose.
(
In cases not falling under rule 120, 121, 122 or 123, forfeited land shall, subject to the provisions of the rule 126, be put up for sale for recovery of the arrears due.
(1) Every sale of forfeited land shall be made subject to the same rules as are applicable to the sale of unoccupied unalienated land so far the same are consistent with the provisions of Chapter XI.
(2) The Collector should ordinarily set aside the sale under section 179. if in his opinion-
(a) the bidding at such sale has not been bona fide; or
(b) there has been collusion to recover the holding without payment in full of the arrears and charges due to the State Government or the superior holder; or
(c) there has been some material irregularity or mistake of fraud, in publishing or conducting such sale, which is likely to have affected the amount of the highest bid or otherwise to have caused substantial injury to any person.
(1) It shall be in the discretion of the Collector to restore any forfeited land at any time previous to any sale or other disposal under these rules on payment of the arrear in respect of which the forfeiture was incurred together with all costs and charges lawfully due by the defaulter, or on the security being given to his satisfaction for the payment of the said arrear, costs and charges within a reasonable period: Provided that no forfeited alienated holding, which is not held for service, shall be restored as alienated land without the previous sanction of- (a) the Collector if it is assessed up to Rs. 100: (b) the State Government if it is assessed at more than Rs. 100.
(2) Where in the case of a forfeited alienated land held for service by a watandar the Collector is satisfied that the failure to pay the land revenue due thereupon arose solely from the inability of the defa
Auctions held under rules 37(1), 41, 42 and 50(2) shall ordinarily be conducted in the town or village in which the land is situated.
Where any land or other property is sold by public auction, an upset price shall, if the Collector thinks fit, be placed thereon:
Provided that where in the opinion of the Collector difficulty is likely to be experienced in effecting speedy recovery of the arrears or bidders are likely to be deterred from offering bids, no such upset price shall be placed.
(1) Every sale by auction under these rules, or in pursuance of any of the provisions of the Code, shall be conducted, so far as may be, in accordance with section 165, 166, 170 to 177 (both inclusive) and 180. The proclamation and written notice of sale required to be issued under section 165 and 166 shall be in one of the forms U or W, with such modifications, if any, as may be necessary:
Provided that, in conducting the following sales, namely:- (a) sales of the right of grazing and of the right to take or cut grass in waste lands, (b) sales of the right to take the fruit of specified Government trees for a specified period, and (c) sales of dead-wood, the procedure shall be in accordance with such orders as may from time to time be made by the Collector either generally or in a particular case instead of the procedure prescribed in section 165 and 166.
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Every appeal shall be made in the form of a petition addressed to the authority to whom an appeal lies, and shall be drawn up in concise, intelligible and respectful language; and shall bear the signature or mark of the appellant or of his duty authorized agent.
(2) The petition should give the following particulars:- the name, father's name, occupation and place of residence or address of the appellant: the name and address of the writer of the petition.
(3) The petition should also contain a brief and unexaggerated statement of the facts on which the appellant relies in support, of his appeal and the grounds of the appellant's objection to the order or decision appealed against.
(1) Appeals may either be presented to the authority to whom an appeal lies in person or be forwarded to him by post.
(2) Where an appeal is sent by post, the postage on the cover containing it must invariably be fully prepaid.
In attention in any material respect to the requirements of rule 130 or 131 will render an appeal liable to be rejected without enquiry in its merits.
Breaches of rules hereunder mentioned shall be punishable on conviction before a Magistrate as follows:-
(1) Whoever commits a breach of rules 67, 68, 69, 70 or 78, by excavating or removing earth, stone, kankar, sand, muram or any other material of the soil without due authority: with imprisonment which may extend to one month, or with fine which may extend to five rupees.
(2) Whoever commits a breach of rules 75, 76, 77 or 79, by using or excavating land in a prohibited manner, or for a prohibited purpose, without due authority: with fine which may extend to five hundred rupees.
(3) Breach of any, rules 67, 70, 72(b), 119(a), 119(b), 134 or 135 committed by a village officer or city surveyor- (a) by talking or levying any fees for preparing any document or copy or extract of any document w
(1) It shall be the duty of every village accountant, if so requested by any occupant or by any person about to become an occupant, of land in his village, to prepare any agreement that may be necessary under either rules 37, 43 and 43-B, 46 or 120 without fee or charge of any kind, and any notice of relinquishment under section 74.
(2) A village accountant who prepares any such agreement or notice shall affix his signature beneath the words "written by" on the lower left hand comer of such agreement or notice.
Documents, maps. registers, accounts and records, the right of inspection of which is provided for in section 91 of the Indian Registration Act (XVI of 1908) and in section 213 and all public documents which any person has, under the provisions of any law for the time being in force, a right to inspect, shall be open to inspection in the office of the officer in charge of the same during the usual office hours every day, except Sundays and public holidays, on payment of the fee hereinafter prescribed in this behalf: and not otherwise:
Provided that no fee shall be charged for inspection (with the permission of the officer in charge) of the Enquiry Proceedings or Register or Property Register of a City Survey by a Municipal Official for municipal purposes:
Provided also that no fee shall be charged for inspection (with the permission of
(1) No uncertified copy or extract shall be obtainable of or from any documents other than those prescribed in rule 135, nor otherwise than under this rule.
(2) Any person may himself or by an agent make a copy of any public document or of any person of any public document of which he has duly obtained inspection but no copy so made shall be certified by any public officer.
(1) So long as the originals are in their charge, all village accountants, and in the cities surveyed under section 131 all City Surveyors, shall themselves and grant applications for certified copies of any serial number (entry) in the record of right, register of mutations (Property Register) or of a map of a survey number of sub-division thereof.
(2) The Collector may, in his discretion in respect of his whole district or any part thereof, also empower village accountants to receive and grant applications for certified copies of village forms Nos. (old) 1, 3, 5, 6, 9, 11, 13, 14 and 18; (New) Nos. I, III, VII-XII combined, VIII-A and B, IX, XI, XII, XIV and XV, and of orders for levying miscellaneous land revenue.
(3) Such copies shall after comparison with the original be certified by the accountants as true, and given to the applica
Except as provided in rule 137 every application for a certified copy of any public document in the charge of a village accountant shall be made to the Mamlatdar to whom he is subordinate, who shall cause the copy to be prepared, compared with the original and signed in token of correctness by the village accountant. The copy shall then be certified and made over to the applicant by the Mamlatdar.
In all other cases the officers in charge of any public document described in rule 135 shall, and in the case of any public document or portion thereon other than those described in rule 135 may, cause to be prepared and give certified copies of the same or of any portion thereon under his own signature to any person applying for such copy on payment of the fees thereinafter prescribed. The officer in charge of a map of a survey number or sub-division of a survey number prescribed under clause (a) of section 135-B on the basis of survey by place-table shall, at the written request of an applicant, and on payment of the additional fees hereinafter prescribed in this behalf, cause the scaled-off perimeter measurements to be shown on the copy of such map to be given to the applicant after first recording these measurements on the original, and shall clearly state both on such copy and on the original that the measurements shown
On every certified copy or extract granted under these rules and delivered otherwise than through the agency of the value payable post there shall be endorsed by the officer who receives the fees for the same a receipt in the following form: - Received Rs......Paise.......as fees for this certified copy Dated.......of 19...... (Signed) A.B.
Notwithstanding anything contained in rules 136 to 140 every officer in charge of a certified copy of any public document shall on an application made to him by any person prepare and give to him a true copy of such certified copy of the document under his own signature on payment of the fees hereinafter prescribed. On every such copy it shall be clearly stated by such officer that it is a true copy of the certified copy of the document. When such copy is delivered otherwise than through the agency of the value payable post there shall be endorsed on it by the officer who receives the fees for the same a receipt in the following form:- Ill-Searches
Received Rs.......Paise......as fee for this true copy of the certified copy. Dated......of 19.....
When an application is made for an inspection or copy of any public document or of any portion of a public document and such application does not distinctly describe the number, date and nature of the document required; or if the description given in such application is incorrect, and it shall in consequence be necessary for the officer in charge of the document to search his records in order to find, if, a fee, at the rate hereinafter prescribed, shall be payable by the applicant for such search whether the inspection or copy for which he applies, on examination of the said document by the said officer, be granted or not.
[(a)(l) For an inspection granted under rule 135 for each day on which inspection is made.
Rs. 6.00 for each applicant for each document to be paid in advance. Provided that a
fee of Rs. 3.00 per hour subject to the Maximum ofRs. 12.00 per day shall be charged for t he inspection of any documents which is in the
charge of village accountant. Such fee shall be
paid in advance.
(2) For every certified copy of 'public document not
Every fee payable in accordance with the foregoing table shall either be paid in advance or recovered in pursuance of a specific request through the agency of the value payable post.
XLIX. (1) The fees levied for making each copy may be paid to the particular copyist by whom each documents is prepared, or a 11 the fees for copies collected in an office during the month may be distributed at the end of the month at. the discretion of the head of the office amongst the persons employed by him as copyists.
(2) Copies should not be made by paid members of the office establishment unless no other persons competent to make them are available. The fees for copies so made and all comparing fees should to credited to Government and the work done in office hours.
(3) The price of forms and papers suppl
Every application must be made in writing and except in the case of an application for inspection made to a village account must be duly stamped. The application may contain a request that the copy. extract or translation, be forwarded by value payable post (unregistered book-packet) to any Post Office which is also a money order office.
L. When an application for transmission of copies by V.P. post is received by the Accountant of a village in which there is no money order office, he should send the copies with the application to the Mamlatdar for posting and recovery of the dues.
LI. Every such application shall be numbered and filed by the receiving officer and shall be endorsed with the date on which it was presented or received, the amount of fees, if any, received either at the time of presentation or subsequently at any time and
Section R.144 of the Gujarat Land Revenue Rules, 1972, deals with the exercise of revisional powers by the Collector concerning revenue entries, primarily in the context of mutation and registration of land transactions. It provides a mechanism for the review of revenue entries to correct errors or irregularities, ensuring proper management of land records and preventing illegal transfers.
Section R.144 empowers the Collector to call for and examine the record of any enquiry or proceedings of subordinate revenue officers to satisfy himself about the legality, propriety, or regularity of such proceedings or decisions. The Collector can modify, annul, or reverse orders if found necessary. The exercise of this power is intended to be suo motu or on the application of parties, within the scope of the rules.
The scope is limited to reviewing the legality and correctness of entries made in revenue records, especially mutation entries based on sale deeds or other transactions. It does not extend to adjudicating title disputes or issues beyond the correctness of revenue entries. The provisions aim to prevent illegal or irregular entries and to uphold the integrity of land records.
Section R.144 itself does not prescribe any punishment. However, misuse or unwarranted exercise of revisional powers can lead to judicial scrutiny, and authorities may be held liable for exceeding jurisdiction or acting arbitrarily, which can be challenged under Articles 226 and 227 of the Constitution.
Note: The above comments synthesize judicial pronouncements, statutory provisions, and principles of natural justice, emphasizing the limited scope and procedural safeguards necessary for valid exercise of powers under Section R.144 of the Gujarat Land Revenue Rules, 1972.
Nothing in these rules affects the provisions of the Stamp Act (II of 1899) or Court Fees Act (VII of 1870). The stamp duty or court-fee with which an application, copy or extract made or furnished under these rules may be chargeable in addition to the fees prescribed herein and care is to be taken that the requirements of the Stamp Act and Court Fees Act are properly fulfilled in respect of every such application, copy or extract.
The Land Revenue Rules (1921) as adopted and applied to the Saurashtra area of the State of Gujarat and the Land Revenue Rules (1921) as extended to the Kutch area of the State of the Gujarat are hereby repealed: Provided that unless a different intention appears, the repeal shall not:-
(a) Revive anything not in force or existing at the time at which the repeal takes effect; or
(b) after the previous operation of the rules so repealed or anything duly done or suffered thereunder: or
(c) after any right, privilege, obligation of liability acquired, accrued or incurred under the rules so repealed; or
(d) after any penalty, forfeiture or punishment incurred in respect of any offence committed against the rules so repealed, or
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1. Balghe, Vitex altissima. 2. Karimutal, Ougenia dalbergioides. 3. Shiwani, Gmelina arborea. 4. Hirda, Terminalia chebula. 5. Honni, Pterocarpus marsupium. 6. Jhall, Shorea talura. 7. Matti, Terminalia tomentosa. 8. Nandi (Nana), Lagerstroema microcarpa. 9. Phansas, Artoarpus integrifolia. 10. Wonte, Artocarpus lakoocha. 11. Bokli or Nanja, Mimusops elengi. 12. Heddi. Adina cordifolia. 13. Sagdi, Schleichera trijuga. 14. God Hunshi, Albizzia odoratlssima. 15. Holi Matti, Terminalia arjuna. 16. Sampige, Flacourtia montana 17. Haiga or Kabsi, Hopea wightiana. 18. Manjuti, Adenanthera Pavonina. 19. Surhonni, Calophyilum tomentosum. 20. Hebbalsu or Patphanas, Artocarpus hirsuta. 21. Jamba, Xylla Xylocarpa. 22. Mashi or phudgus, Alseodaphne semicarptfolia. 23. Kavanchi, Bridellia retusa. 24. Kalam, Stephergyne parvifolia. 25. Siris, Albizzia lebbek. 26. Belati, Albizzia procera. 27. Kharsing or Gensu, Stereospermum xylocarpum. 28
Same as under sub-rule (4)(h), hence not reproduced. In witness whereof the Collector of.......hath on behalf of the Governor of Bombay set his hand and the seal of his office and the....... (wahivatdar)............has also hereunto set his hand the day and year first above written. Signed, sealed and delivered by.............Collector of............in the presence of............... 1. 2. Seal Signed and delivered by the abovenamed wahivatdar.......in the presence of...... 1. 2. Exceptional Cases
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