GUJARAT AGRICULTURAL LANDS CEILING ACT, 1960
(1) This Act may be called the Gujarat Agricultural Lands Ceiling Act, 1960.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context requires otherwise-
1 [(1) "agriculture" includes-
(a) horticulture,
(b) the raising of crops, grass or garden produce,
(c) the use by an agriculturist of the land held by him or part thereof for grazing.
(d) the use of any land, whether or not an appanage to rice or paddy land, for the purpose of rabmanure,
(e) dairy farming,
(f) poultry farming.
(g) breeding of live-stock, and
(h) the cutting of wood :
Provided that in relation to any period prior to
(1)1[Subject to the provisions of sub-sections (1A) to (1D) (both inclusive), the following lands] shall be exempted from the provisions of this Act, that is to say--
(a) lands belonging to, or held on lease, by Government2[* * * ******];
3[(aa) khar lands and tidal lands as defined in the Gujarat Khar Lands Act, 1963 (Gujarat 17 of 1964) and any other lands which, being in the opinion of the State Government such as need special efforts for their reclamation for the purpose of bringing them under cultivation, are notified in this behalf by the State Government by a notification in the Official Gazette, held on lease from Government for a period not exceeding twenty years;]
4[(b) lands belonging to, or held on lease by, a local authority and lands belonging to, or held on lease by a University
There shall be classes of local areas in the State as specified in Schedule I and the local areas falling in each such class shall be as respectively specified in Schedule II.
(1) Subject to the provisions of sub-sections (2) and (5) in relation to each class of local area as specified in Schedule I, the ceiling area with reference to each class of land shall be as specified in the said schedule against the respective class of local area :
1[Provided that in areas which in the opinion of the State Government are desert or hill areas of drought-prone areas and which are specified by the State Government from time to time, by notification in the Official Gazette, as such areas, the ceiling area with reference to dry crop land shall be such area as is twelve and a half percent more than the ceiling area as specified with reference to dry crop land against the class of local area in which the said areas fall, provided however that such ceiling area shall in to case exceed an area of 21.85 hectares (54 acres), and for the purpose of determining whether any ar
(1) Notwithstanding anything contained in any law for the time being in force or in any agreement, usage or decree or order of a Court, with effect, from the appointed day no person shall, subject to the provisions of1[sub-sections (2), (3), (3A) and (3B)] be entitled to hold whether as owner or tenant or partly as owner and partly as tenant land in excess of the ceiling area.
(2) Where an individual, who holds lands, is a member of a family,2[ not being a joint family which consists of the individual and his spouse (or more than one spouse) and their minor sons and minor unmarried daughters, irrespective of whether the family also includes any major son and ] land is also separately held by such individual's spouse or minor children, then the land held by the individual and the said members of the individual's family3[ excluding major sons, if any ] shall be grouped together for t
(1) Notwithstanding anything contained in any law for the time being in force, no land shall, after the appointed day, be--
(a) transferred whether by way of sale (including sale in execution of a decree of a Civil Court or of an award or order of any other competent authority) or by way of gift, exchange, lease or otherwise, or
(b) sub-divided (including sub-division by a decree or order of a Civil Court or any other competent authority) whether by1[ partition, family arrangement] or otherwise.
except with the permission in writing of the Collector.
(2) The Collector may refuse to give such permission if in his opinion the transfer of sub-division of land is likely to defeat the object of this Act.
(3) I
(1) Where after 15th day of January, 1959 but before the commencement of this Act,1[for after 24th day of January, 1971, but before the specified date], any person has transferred whether by sale, gift, mortgage, with possession, exchange, lease, surrender or otherwise or partitioned any land held by him, then notwithstanding anything contained in any law for the time being in force such transfer or partition shall, unless it is proved to the contrary, be deemed to have been made in anticipation in order to defeat the object of this Act.2[Where such transfer or partition was made after 15th day of January, 1959 but before the commencement of this Act or in order to defeat the object of the Amending Act of 1972 where such transfer was made after 24th day of January, 1971 but before the specified date] :
3[Provided that where any transfer or partition of land is effected by a documen
Where after the appointed day, on account of gift, purchase, assignment, lease, surrender or any other kind of transfer inter vivos or by succession or partition, any land comes into the possession of any person, or any land held by any person ceases to be exempted land1[ * * * * ] and in consequence thereof the total land held by such person exceeds the area which he is entitled to hold under section 6, then-
(i) if the acquisition of such excess land was otherwise than by succession or partition it shall be invalid and the excess land shall be forfeited to the State Government, and
(ii) if the acquisition was by succession or partition or the excess was due to the land ceasing to be exempted land the excess land shall be deemed to be surplus land held by such person.
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1[9A. Ceiling area where land converted into another class by Government irrigation
(i) Where in consequence of the conversion after the appointed day of any land into any class of land described in sub-clause (i) or (ii) of clause (6) of section 2, as a result of irrigation from a source constructed by Government, the land held by any person exceeds the ceiling area, or
(ii) where in consequences of the amendments made in any of the provisions of this Act by the Amending Act of 1972, the land held by any person on the specified date exceeds the ceiling area,
the land so in excess shall be deemed to be surplus land.]
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1. Section 9A was inserted by Gujarat 2 of 1974, s. 11.
(1)1[Every person-
(a) holding land (including exempted land, if any) in excess of the ceiling area whether as owner or tenant or partly as owner and partly as tenant on the appointed day,
(b) who, on or after the appointed day, comes into possession of, or holds, any land (including exempted land, if any and land, if any, held in any other part of India outside this State) in excess of the ceiling area, whether as owner or tenant or partly as owner and partly as tenant, in the circumstances described in section 9,
(c) whose land is converted into another class of land, thereby causing his holding to exceed the ceiling area, in the circumstances described in clause (i) of section 9A,
(d) whose land becomes, surplus under the circumstances described
The Gujarat Agricultural Lands Ceiling Act, 1960, was enacted to impose a ceiling on agricultural land holdings in the state of Gujarat. The Act aims to prevent the concentration of land in a few hands and to promote equitable distribution of agricultural land. Section 10 specifically addresses the obligations of landholders regarding the declaration of their landholdings.
Section 10 mandates that every person holding agricultural land, including exempted land, must furnish particulars of their land to the Mamlatdar. This includes details such as survey numbers, areas, and any other relevant information necessary for the determination of landholdings in relation to the ceiling limits.
The scope of Section 10 extends to all individuals holding agricultural land in Gujarat, whether as owners or tenants. It is crucial for the enforcement of the ceiling limits as it provides the necessary data for authorities to assess compliance with the Act.
Failure to comply with the requirements of Section 10 may result in penalties as prescribed under the Act. This could include the declaration of surplus land and subsequent acquisition by the state.
Compliance Requirement - Section 10 imposes a mandatory obligation on landholders to furnish details of their landholdings to the Mamlatdar, ensuring transparency in land ownership.
Exempted Lands - The section includes provisions for exempted lands, indicating that even these must be reported, which broadens the scope of compliance.
Time Limit - The requirement to submit particulars within 90 days emphasizes the urgency and importance of timely compliance for effective enforcement of the Act.
Legal Consequences - Non-compliance can lead to penalties, reinforcing the seriousness of the obligations imposed by this section.
Judicial Interpretation - Courts have upheld the necessity of compliance with Section 10, indicating that failure to provide accurate information can lead to adverse legal consequences. [ "JAYANTILAL TRIBHOVANDAS PATEL VS STATE"]
Burden of Proof - The burden of proof lies with the landholder to demonstrate compliance with the ceiling limits, as established through declarations made under Section 10. [ "Darsha C. Pardiwala VS State of Gujarat"]
Impact on Surplus Land Determination - The particulars provided under Section 10 are critical for determining surplus land, which is essential for the implementation of the ceiling provisions. [ "State of Gujarat VS Manoharsinhji Pradyumansinhji Jadeja"]
Legislative Intent - The legislative intent behind Section 10 is to facilitate the effective implementation of land ceiling laws by ensuring that authorities have accurate and comprehensive data on landholdings. [ "Shrikant Bhalchandra Karulkar: Vrandavandas Kikabhai Shroff VS State Of Gujarat: Khan Memlatedar And Agricultural Land Tribunal, District Surat"]
Judicial Review - Courts have the authority to review compliance with Section 10, ensuring that the provisions of the Act are upheld and enforced. [ "VRANDAVANDAS KIKABHAI SHROFF VS KHAN,mamlatdar AND AGRICULTURAL LAND TRIBUNAL"]
Equitable Distribution - By mandating declarations, Section 10 supports the broader goal of equitable distribution of agricultural land, which is a key objective of the Act.
Administrative Efficiency - The requirement for landholders to furnish particulars aids in the administrative efficiency of land management and regulation in Gujarat.
Legal Framework - Section 10 operates within a broader legal framework that includes various provisions of the Gujarat Agricultural Lands Ceiling Act, ensuring comprehensive regulation of agricultural land holdings.
Public Interest - The obligations imposed by Section 10 serve the public interest by promoting transparency and accountability in land ownership.
Potential for Abuse - There is a potential for abuse if landholders fail to accurately report their holdings, which could undermine the objectives of the Act.
Role of Mamlatdar - The Mamlatdar plays a crucial role in the enforcement of Section 10, acting as the primary authority for receiving declarations and overseeing compliance.
Legal Recourse - Landholders have the right to appeal against any adverse decisions made under Section 10, providing a mechanism for legal recourse.
Interplay with Other Sections - Section 10 interacts with other sections of the Act, particularly those related to the determination of surplus land and penalties for non-compliance.
Historical Context - The enactment of Section 10 reflects historical efforts to regulate land ownership and prevent the concentration of land in a few hands in Gujarat.
Future Implications - The effectiveness of Section 10 will have long-term implications for land reform and agricultural policy in Gujarat.
11.Penalty for failure to furnish statement 1 [or affidavit] etc.
If a person liable to furnish a statement1 [or affidavit] under section 10fails, without reasonable cause, to furnish the statement, 1 [or affidavit], orfurnishes a statement 1 [or affidavit] containing incorrect particulars, with anintention to supress the information about surplus land held by him 2 [then heshall be liable to a penalty whichshall not be less than one hundred rupees and which may,extend upto five hundred rupees].
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1.These words were inserted Gujarat 2 of 1974, s. 13 (1).
2.These words were substituted for the words"then he shall be liable to a penalty not exceeding five hundred rupees Gujarat2 of 1974, s. 13 (2).
All surplus lands shall be deemed to be needed for a public purpose and may be acquired by the State Government in accordance with the provisions of this Act.
(1) As soon as may be after the expiry of the period specified in section 10,1[or the further period referred to in sub-section (2) of section 16], the Tribunal shall, on the basis of the statements received2[under either of those sections] and such other records as may be prescribed proceed to prepare a list of persons holding surplus land.
(2) The Tribunal shall specify in such list--
(a) the total land held by each person,
(b) the maximum area of land which such person is entitled to hold,
(c) the extent of land to be deemed to be surplus land held by such person, and
(d) such other particulars as may be prescribed.
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(1) If in the course of preparing a list under section 13 or at any time thereafter, the Tribunal finds in respect of any person that in addition to the land held by him within the area of its jurisdiction he holds other land outside such area, the Tribunal shall refer the case in the prescribed manner,--
(i) to the Collector, if the other land is situate in the same district,
(ii)1[*****]
(iii) to the State Government, if the other land is situate in another2[district].
(2) On receipt of the reference, the Collector,3[ * * *] or, as the case may be, the State Government shall--
(a) call for from each of the Tribunals within whose jurisdiction land is held by such person the details about the land so held
The extent of surplus land, if any, held by any person1[ * *] shall be computed on the basis of the total land held by such person2[ ***];
Provided that the total land so held shall include--
(a) where such person holds in addition to the land held by him individually as owner or tenant, a share in the land held by a joint family, an area of land equivalent to his share in the land which such joint family is entitled to hold under section 6,
(b) land, if any, transferred or sub-divided by or on behalf of such person in contravention of section-7, and
(c) land, if any, transferred or partitioned by such person after the 15th day of January, 1959 but before the commencement of this Act 3[ or after 24th January, 1971 but before the specified date], and
(1) If in preparing a list under section 13, the Tribunal has reason to believe that any person, holding land in excess of ceiling area, has failed to furnish1[a statement or affidavit] under section 10 or has furnished1[ a statement or affidavit ] containing incorrect particulars, the Tribunal shall serve a notice on such person to show cause why a penalty should not be imposed on him under section 11.
(2) After serving such notice, the Tribunal shall hold an inquiry and after giving such person an opportunity to be heard,2[ if the Tribunal is satisfied that the person has without reasonable cause failed to furnish the statement or affidavit within time, or has submitted, a statement or an affidavit which is false or which contains incorrect particulars, the Tribunal may impose the penalty provided in section 11 and require him to furnish a true and correct statement or affidavit
Where the extent of surplus land is specified in the case of any person, and his total land includes the land referred to in clause (b) or (c) of the proviso to section 15, the surplus land shall be allocated on the following basis, that is to say--
(i) if the total land excluding the land referred to in the said clauses is more than or equal to the extent of surplus land specified in his case, then the surplus land shall come out of such total land, and
(ii) if such total land is less than the extent of such surplus land, then the surplus land shall first come out of the whole of such total land; the remainder shall come out of the land referred to in clause (b) of the proviso to section 15; and the remainder, if any, shall lastly come out of the land referred to in clause (c) of the proviso to section 15.
(1) Where in determining the actual area of surplus land, a survey number or a sub-division of a survey number is required to be divided then--
(a) if the portion of such survey number or sub-division to be included in the surplus land is a fragment, the whole of such survey number or sub-division shall be excluded from the surplus lands,
(b) if the portion of such survey number or sub-division to be excluded from the surplus land is a fragment to, the whole of such survey number or sub-division shall be included in the surplus land,
(c) if on dividing such survey number or sub-division into two parts, each part is a fragment, the whole of such survey number or sub-division shall be included in the surplus land, and
(d) in any other case, the survey
(1) Where any person holds the whole or part of the surplus land as tenant then the landlord of such land shall, subject to the provisions of sub-section (2), be entitled to the restoration of the possession of such land.
(2) If the right of the landlord under the relevant tenancy law to terminate the tenancy of such land on the ground that he bona fide requires the land for cultivating personally subsisted on the date of the declaration of such land as surplus land under section 21, than the landlord shall be entitled to the restoration of possession of so much of such land as he would have been entitled to in accordance with the provisions of the relevant tenancy law had the tenancy been terminated on the aforesaid ground.
(3) The tenancy of land restored to the landlord under this section shall stand terminated,
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(1) As soon as may be after the list is prepared under section 13, the Tribunal shall publish it in the prescribed manner together with a public notice in the prescribed form calling upon all persons affected thereby to submit to the Tribunal their objections or suggestions, if any, within a period of one month from the date of its publication.
(2) As soon as may be after the publication of the list under sub-section (1), the Tribunal shall also serve a notice in the prescribed form on each holder of surplus land included in the list--
(a) specifying therein the extent of surplus land held by him and the maximum area of land which he is entitled to hold out of the total land held by him1[ * * ], and
(b) calling upon such person--
(i) to submit withi
(1) After taking into consideration the objections and suggestions, if any, received and the particulars if any, furnished under section 20, and making such further inquiry, if any,1[( including giving the holder of surplus lands an opportunity of being heard)] as it thinks fit, the Tribunal shall make in respect of such holder of surplus land an order declaring in particular--
(i) the total land held by him2[****],
(ii) which land out of the total land is surplus land, and
(iii) which land out of the total land he is entitled to hold,
and shall communicate the order so made to such holder.
(2) an order made under sub-section (1) shall be conclusive evidence that the surplus land specified therein is need
(1) As soon as may be after an order is made under section 21, the Tribunal shall cause public notice to be given at the village where the surplus land specified in the order is situate, stating that--
(a) claims for possession of such surplus land or any part thereof under section19, and
(b) claims to compensation for all interests in such land,
may be made to it,
(2) Such notice shall require the landlord claiming possession under section 19 and in any other case, the owner, tenant, landlord and other persons interested in the land including the holders of encumbrances lawfully subsisting on the land to appear personally or by agent before the tribunal at a time and place therein mentioned (such time not being earlier than fifteen days after the s
1[(1)]2[Subject to the provisions of sub-sections (2) and (3), the amount of compensation for the land] vesting in the State Government under section 21 shall be the aggregate of the following amounts, that is to say:-
3[(A)] an amount calculated in accordance withsuch of the following sub-clauses as may be applicable to the land, namely:--
(a) if the land is held on lease from Government, an amount equal to twelve times the full assessment thereof :
4[Provided that in the case of any such land which is held on lease for a period of less than twenty years from the appointed day,
(i) where the unexpired period of lease does not exceed five years an amount equal to six times the full assessment thereof,
(ii
(1) On the day fixed under section 22 or any other day to which the enquiry may be adjourned the Tribunal shall proceed to inquire into the claims, if any, for possession of land under section 19, and the amount of compensation for the land in accordance with section 23, the respective interest of the persons claiming the compensation, and the amount of each encumbrance lawfully subsisting on the land on the date of the order made under section 21.
(2) As respects any claim made by a landlord for possession of surpluslandundersection19,theTribunal--
(i) shall decide whether such landlord is entitled under section 19 to the possession of the whole or part of the surplus land and if so, the extent of such land, and
(ii) where the landlord is so entitled shall make an order directing the restorat
(1) The amount of the compensation payable under this Act shall be payable in cash, or in transferable bonds as provided in sub-section (2) or partly in cash and partly in such transferable bonds, according as the State Government may think fit.
(2) Where any amount of compensation is to be paid in transferable bonds, such bonds shall carry interest at the rate of four and half percent per annum from the date of their issue and shall be repayable, during such period not exceeding twenty years from the date of their issue as may be prescribed, by equated annual installments of principal and interest.
(3) The bonds shall be of such denomination and shall be in such forms as may be prescribed.
(1) Where the Tribunal suo motu or on an application made to it by any persons has reason to believe that the acquisition of any excess land by any person is invalid under section 9 or any excess land is liable to be deemed as surplus land under that section1[or under section 9A], the Tribunal shall issue a notice in the prescribed form to the persons holding the land and other persons known to be interested in the land to show cause within one month from the date of the service of the notice, why the acquisition of such excess land should not be declared to be invalid or, as the case may be, why the excess land should not be declared to be surplus land.
(2) The Tribunal shall there upon hold an inquiry and after giving the person holding the land and other persons interested in the land an opportunity to be heard decide2[whether the land is excess land under section 9 or, as the c
(1) If the land to be allotted to a co-operative farming society under section 29 does not from a compact block due to some intervening land being held by a person who is not a member of the society and it appears to the Collector that in the interest of efficient cultivation, the land to be allotted to the society should from a compact block, he may serve a notice on the person and the society calling upon them, if willing, to take steps and admit the person to membership of the society within the period specified in the notice.
(2) If the person is unwilling and the society is willing or the person fails to comply with the notice under sub-section (1), the Collector, with the previous approval of the State Government, may make a declaration that is necessary to acquire the land held by the person for the formation of a compact block of land for the co-operative farming society.
(1) On the publication of the declaration, the Collector, shall issue notices to the owner of the land and all persons known or believed to be interested in the land stating that claims to compensation for all interest in the land may be made to him within the period specified in the notices.
(2) The Collector shall then make an inquiry and determine the market value of the land in accordance with the provisions of sections 23 and 24 of the land Acquisition Act, 1894 (I of 1894).
(3) After determining the value of the land, the Collector shall, with the previous approval of the State Government, make an award which shall contain-
(a) the particulars of the land I
(b) the compensation which in his opinion should be allowed for the land according to i
(1)1[ Subject to the provisions of sub-section (1A), land other than grazing land], which vests in the State Government under section 21 or 26 shall be allotted in accordance with the rules made in that behalf under this Act on payment of occupancy price payable there for in accordance with such rules in the following order of priority :--
2[***** *]
(ii) co-operative farming society, where it is--
(a) a co-operative joint farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons ;
(b) a co-operative farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons ;
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1[29A. Special provision in respect of efficiently managed compact blocks of land and orchards to ensure efficient cultivation and continuity of production
Where in respect of any orchards, or in respect of any compact blocks of land which have been so efficiently managed that the breaking or the block is likely to lead to a fall in production, and which vest, after the specified, date, in the State Government, under section 21 or 26, the State Government is of the opinion that it is necessary in the interest of maintenance of efficient cultivation and avoidance of any loss of production of agricultural produce to maintain the integrity of such orchards, or as the case may be, of such compact blocks of land and for that purpose to allot such orchards or blocks otherwise than in accordance with the provisions of sub-section (1) of section 29, the State Government may allot such orch
1[29B. Application of Code to surplus land
Any surplus land vesting in the State Government under section 212[ or section 26 ] and allotted under this Chapter to any person other than a Department of the State Government shall be subject, on such allotment, to the provisions of the Code. ]
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1. New sections 29 A and 29 B were inserted by Gujarat 2 of 1974, s. 24.
2. These words and figures were inserted by Presi. Act 43 of 1976, s. 3.
(1) Save as otherwise provided in sub-section (2) no land allotted under section 29 shall be--
(a) transferred whether by way of sale ( including sale in execution of a decree of a civil suit or of an award or order of any other competent authority) or by way of gift, mortgage, exchange, lease or otherwise, or
(b) sub-divided (including sub-division by a decree or order of a Civil Court or any other competent authority ) whether by partition or otherwise,
without the previous sanction of the Collector. Such sanction shall not be given1[except in such circumstances and on such conditions as hereinafter mentioned, namely :--
(i) In the case of land allotted to a co-operative society, the membership of which is held wholly or partly by persons belongin
(1) If in the case of land vesting in the State Government under this Act, the Mamlatdar consider that the allotment of such land under section 29 is likely to take time and that with a view to preventing the land remaining uncultivated, it is necessary to take such a step, he may lease the land for cultivation to any small holder subject to the following conditions :--
(i) the lease shall be for a period of one year ;
(ii) the lessee shall pay rent at the rate fixed by the Mamlatdar subject to the provisions of the relevant tenancy law ;
(iii) the lessee shall be liable to pay the land revenue and the other cesses payable in respect of the land ;
(iv) if the lessee fails to vacate the land on the expiry of the term of the lease, he shall be liable
The Mamlatdar, the Tribunal and the Collector shall have the same powers in making inquiries under this Act as are vested in Courts in respect of the following matters under the Code of Civil Procedure, 1908, (V of 1908) in trying a suit, namely :-
(a) proof of facts by affidavits ;
(b) summoning and enforcing the attendance of any person and examining him on oath; and
(c) compelling the production of documents.
(1) Subject to the provisions of section 32, the Mamlatdar, the Tribunal and the Collector shall in holding inquiries under this Act follow such procedure as may be prescribed save as otherwise provided in this Act.
(2) Every decision of the Mamlatdar, Tribunal and Collector shall be recorded in the form of an order which shall state reasons for such decision.
All notices issued under this Act shall save as otherwise provided in this Act be served in the prescribed manner.
(1) An appeal against any order of the Mamlatdar or any order other than an award under section 24 made by the Tribunal may be filed to the Collector.
(2) Every petition for an appeal under sub-section (1) shall be accompanied by a certified copy of the order to which objection is made unless the production of such copy is dispensed with.
(3) On the filing of an appeal under sub-section (1), the Collector may either admit it or, after calling for the record and giving the appellant an opportunity to be heard, may summarily reject it :
Provided that the Collector shall not be bound to call for the record where the appeal is time-barred or does not lie.
(4) If the appeal is admitted, a date shall be fixed for hearing and notice thereof shall be served
(1) Any person aggrieved by the award made by the Tribunal under section 24 or by the Collector under section 28 may appeal to the Gujarat Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957 (Bombay XXXI of 1958).
(2) Every petition of appeal under sub-section (1) shall be accompanied by a certified copy of the award against which the appeal is made on less the production of such copy is dispensed with.
(3) In deciding such appeal the Gujarat Revenue Tribunal shall exercise all the powers which a Court has and follow the same procedure which the Court follows in deciding Appeals from the decree or order of the original court under the Code of Civil Procedure, 1908 (V of 1908).
Where no appeal has been filed within the period provided for it, the Collector may, suo motu or on a reference made in this behalf by1[* * *] the State Government, at any time,--
(a) call for the record of any inquiry of the proceedings of any Mamlatdar or of the Tribunal other than the proceedings of an award for the purpose of satisfying himself as to the legality, or propriety of any order passed by, and as to the regularity of the proceedings of such Mamlatdar or Tribunal as the case may be, and
(b) pass such order thereon as he deems fit :
Provided that no such record shall be called for after the expiry of one year from the date of such order and no order of such Mamlatdar or Tribunal shall be modified, annulled or reversed unless opportunity has been given to the interested parties to
Notwithstanding anything contained in the Bombay Revenue Tribunal Act, 1957, (Bombay XXXI of 1958) an application for revision may be made to the Gujarat Revenue Tribunal constituted under the said Act against any order of the Collector on the following grounds only-:
(a) that the order of the Collector was contrary to law ;
(b) that the Collector failed to determine some material issue of law ; or
(c) that there was a substantial defect in following the procedure provided by this Act, which has resulted in the miscarriage of justice.
(2) In deciding applications under this section the Gujarat Revenue Tribunal shall follow the procedure which has been prescribed by rules and regulations made under the Bombay Revenue Tribunal Act, 1957 (Bombay XXXI o
1[Save as otherwise provided in this Act, every appeal] or application for revision under this Act shall be filed within a period of sixty days, from the date of the order of the Mamlatdar, Tribunal or Collector as the case may be. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908 (IX of 1908) shall apply to the filing of such appeal or application for revision.
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1. These words were substituted for the words "Every appeal" by Gujarat 2 of 1974, s. 26.
Notwithstanding anything contained in the Bombay Court-fees Act, 1959, (Bombay XXXVI of 1959) every application or appeal made under this Act to the Mamlatdar, Tribunal, Collector or Gujarat Revenue Tribunal shall bear a court-fee stamp of such value as may be prescribed.
The Gujarat Revenue Tribunal in revision under section 38 may confirm, modify or rescind the order in revision or its execution or may pass such other orders as may seem legal and just in accordance with the provisions of this Act.
The Collector may, after due notice to the parties, by order in writing,-
(a) transfer any appeal pending before him or before any Assistant or Deputy Collector subordinate to him to any Additional, Assistant or Deputy Collector, specified in such order, performing the duties and exercising the power of a Collector and upon such transfer the Additional Collector, Assistant Collector or Deputy Collector, as the case may be, shall have power to hear and decide the appeal as if it was originally filed to him ; or
(b) withdraw any appeal pending before any Assistant or Deputy Collector and himself hear and decide the same.
1[42A. Revenue Officer to be a necessary party to all proceedings
Notwithstanding anything contained in any law for the time being in force, in all inquiries and proceedings relating to any land before any officer or authority under this Act, such revenue officer having jurisdiction in the area in which such land is situated, as may be authorised in this behalf by the State Government by an order published in the Official Gazette, shall be a necessary party.]
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1. New section 42A was inserted, Gujarat 2 of 1974, s. 27.
Any sum whether by way of occupancy price, rent or otherwise payable by any person to the State Government by or under the provisions of this Act, shall, if not paid by such person, be recoverable as an arrear of land revenue.
(1) Any order of the Mamlatdar or Tribunal awarding possession or restoring the possession or use of any land shall be executed in the manner provided in section 21 of the Mamalatdars' Courts Act, 1906, (Bombay II of 1906) as if it was the decision of the Mamlatdar under the said Act :
Provided that such order shall not be executed till the expiry of the period, of appeal or application for revision as provided in section 39, or if an appeal is filed before the Collector and the Collector has refused to grant a stay order, until the date of such order, whichever is earlier :
Provided further that any order to be issued to village officers shall be issued by the Mamlatdar to whom such village officers are subordinate.
(2) An order of the Collector, or the Gujarat Revenue Tribunal, in appeal or
Any person unauthorisedly occupying or wrongfully in possession of any land--
(a) which vests in the State Government under this Act, or
(b) to the use and occupation of which he is not entitled under the provisions of this Act,
may be summarily evicted by the Collector after such inquiry as he deems fit.
Notwithstanding anything contained in this Act or any law for the time being in force, no pleader shall be entitled to appear on behalf of any party in any proceedings under this Act before the Mamlatdar, the Tribunal or the Collector :
Provided that the Mamlatdar, the Tribunal or the Collector may, in the interest of justice for reasons to be recorded in writing, allow the parties to be represented at their own cost by a pleader :
Provided also that if any officer of Government is appointed or declared by a competent Court or is authorised under any law for the time being in force as a guardian, administrator or manager of the property of a person who is under a legal disability or is incompetent or unable to manage or to act, such officer shall be entitled to appear through a representative authorised by him in writing in this behalf i
No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Mamlatdar, Tribunal, Collector,1[* *], the Gujarat Revenue Tribunal or the State Government.
Explanation.--For the purpose of this section a civil court shall include a Mamlatdars' Court constituted under the Mamlatdars' Courts Act, 1906 (Bombay II of 1906).
________________________
1. The word "Commissioner" was deleted by Gujarat 15 of 1964, s. 4 Schedule.
All inquiries and proceedings before the Mamlatdar, the Tribunal, the Collector,1[* * * *] and the Gujarat Revenue Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the India Penal Code (XLV of 1860).
________________________
1. The words "the Commissioner" were deleted, Gujarat 2 of 1974, s. 5.
The officers and members constituting a Tribunal and other officers functioning under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or purports to done under this Act.
The State Government may, subject to such restrictions and conditions as it may impose, by notification in the Official Gazette, delegate to 1[any of its officers not below this rank of a Collector] All or any of the powers conferred on it by this Act.
________________________
1. Those words were substituted for the words "the Commission" by Gujarat 15 of 1964, s. 6.
In All matters connected with this Act the State Government sh all have the same authority and control over the Tribunals, the Mamoatdars,1[and the Collectors] acting under this Act as they do in the general and revenue administration.
________________________
1. These words were substituted for the words "the Collectors and the Commissioners" by Gujarat 15 of 1964, 5. 7.
(1 ) The State Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.
(2) W ithout prejudice to the generality of the foregoing, power, such rules may provide for--
1[(i) the extent of land to be prescribed under clause (d) of sub -section (1 ) of section 3 ;]
(ii) the period within which and the form in which an application under sub -section (2 ) of section 8 sh all be made ;
(iii) other particulars to be given in a statement to be furnished under sub -section (1 ) of section 10 ;
(iv) there cords to be prescribed under sub -section (1 ) of section 13 ;
(v) the other particulars to be prescribed
With effect from the appointed day the enactments specified in Schedule III shall be amended to the extent mentioned in the fourth column thereof.
1 [SCHEDULE I
[See sections 4 and 5]
Ceiling area in Hectares and its approximate equivalent in Acres.
Perennially irrigated land
Class of Local Area (i) Irrigated by source other than private source (ii) Irrigated by Private source Seasonally irrigated land Superior dry crop land Dry crop land
Hectares Approximate equivalent in acres Hectares Approximate equivalent in acres Hectares Approximate equivalent in acres Hectares Approximate equivalent in acres Hectares Aporoximate equivalent in acres
1 2 3 4 5
A 4.05 10 5.06 12.50 6.07 15 8.09 20 12.14 30
&
[See section 4]
PART I
Local Areas falling in Class A
District Taluka or Mahal Villages
Kaira Petlad . . All villages of the taluka other than those included in local area C.
Borsad . . All villages of the taluka other than those included in local area C.
Nadiad . . The following villages: -
1. Mahudha, 2. Hajipur Tornial, 3. Nadgam, 4. Mangalpur, 5. Vina, 6. Valla, 7. Marida, 8. Salunvanto, 9. Salun Talpad, 10. Alindra, 11. Manghroli, 12. Moholel, 13. Kanjoda, 14. Surasamal, 15. Chalali, 16. Fatepur, 17. Uttarsanda, 18. Chaklashi, 19. Bhumel, 20. Kanjari, 21. Wadtal, 22. Mohmodpura, 23. Narsanda, 24. Gutal, 25.
The Gujarat Agricultural Lands Ceiling Act, 1960, was enacted to impose a ceiling on agricultural land holdings in the state of Gujarat. The primary objective of the Act is to promote equitable distribution of land and to prevent the concentration of land in the hands of a few individuals. This commentary focuses on Schedule 2 of the Act, which outlines specific provisions related to the ceiling on agricultural land.
Schedule 2 of the Gujarat Agricultural Lands Ceiling Act, 1960, specifies the ceiling limits for different categories of agricultural land. It delineates the maximum area of land that an individual or entity can hold, thereby establishing a framework for the redistribution of surplus land.
The scope of Schedule 2 extends to all agricultural land within the state of Gujarat. It applies to individuals, families, and entities engaged in agricultural activities. The provisions aim to ensure that land is not hoarded and is available for productive use by smaller farmers and landless individuals.
While Schedule 2 itself does not specify punishments, violations of the ceiling limits can lead to penalties as outlined in other sections of the Act. These may include confiscation of surplus land and fines.
Enactments amended
[See section 54 ]
Year No . Short title Extent of amendment
1 2 3 4
1948
Guj. XXVII of 1961 L XV II The B ombay Tenancy and Agricultural Lands Act, 1948 1[ 1 . In section 5 , after sub -section ( 2 ), the following sub -section sh all be inserted, namely : -
( 3 ) Where in any case the ceiling area as determined under the provisions of the Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat XXVII of 1961) as in force for the time being is less than the ceiling area specified in this section , then, notwithstanding anything contained in this section the ceiling area of land as determined unde
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