GUJARAT LAND REVENUE CODE, 1879
1(1) This Act may be cited as "The 7[Gujarat] Land Revenue Code, 1879; Local extent
2[(2) Save as otherwise provided by Chapter XA, this Act extends to 3[Bombay area of the State of Gujarat..]
4[ * * * ]
5[(4) Save as otherwise provided by Chapter XA, it also extends to the Saurashtra area of the State of Bombay subject to the modifications specified in Schedule J appended to this Act.]
6[(5) On and from the date of the coming into force of the Bombay Land Revenue (Extension of Kutch Area and Amendment) Act, 1965, (Gujarat 5 of 1965) this Act shall also extend to and be in force in the Kutch area of the State of Gujarat.]
______________________
1. Sub-section
Section 1 of the Gujarat Land Revenue Code, 1879, lays down the preliminary provisions and scope of the Act, establishing its application within the State of Gujarat and setting the foundation for land revenue administration.
Section 1 primarily states that the Gujarat Land Revenue Code, 1879, extends to the entire State of Gujarat and provides the legal framework for the regulation of land revenue, land management, and related proceedings. It also authorizes the government to make rules and regulations consistent with the Act.
Section 1 itself does not prescribe any punishment; it functions as a foundational provision. Punishments related to violations of the Act are specified in other sections, such as penalties for illegal land transfers or non-compliance with revenue rules.
Note: The references are based on the provided sources, primarily indicating the general legal framework and interpretations related to the Gujarat Land Revenue Code, 1879, and its foundational role as per Section 1.
[Repeal of enactments.] Repealed by Bom. IV of 1913, Section 5.
In this Act, unless there be something repugnant in the subject or context--
"Revenue Officer"
(1) "revenue officer" means every officer of any rank whatsoever appointed under any of the provisions of this Act, and employed in or about the business of the land revenue or of the surveys, assessment, accounts, or records connected therewith 1 [and for the purposes of sections 25 and 26 includes village-officer appointed or officiating under any of the provisions of the Bombay Hereditary Offices Act or the Matadars Act, 1887];
"Survey Officer";
(2) "Survey officer" means an officer appointed under, or in the manner provided by section 182 * * *;
"Survey settlement";
&nb
1[4. Chief controlling authority in revenue matters
(1) The chief controlling authority in all matters connected with the land revenue shall vest in the State Government.
(2) The State Government may, by notification in the Official Gazette, prescribe the territories in the State which shall form a division and may by a like notification alter the limits of the division so formed.]
______________________
1. Section 4 was substituted fur original section 4 by Guj. 15 of (SIC).
Section 4 of the Gujarat Land Revenue Code, 1879, is the foundational provision establishing the constitutional hierarchy and administrative supremacy of the Chief Controlling Authority over all revenue matters in the State. While the specific text of Section 4 is sparse within the provided judicial extracts, its operational impact is pervasive across decades of litigation concerning land titles, tenancy transfers, mutation entries, and non-agricultural conversions. The section defines the Collector not merely as an administrative officer but as the ultimate decision-maker whose powers to assess, collect, and regulate land revenue are central to the stability of land records. The courts consistently refer to this authority when determining jurisdiction, assessing the validity of subordinate orders, and applying principles of natural justice in revenue litigation.
Although the provided text excerpts primarily discuss subsequent sections (such as Section 3 for interpretation and Sections 135, 150+ for procedure), the defining characteristic of Section 4, explicitly stated in the statutory headers and reaffirmed in case law, is the appointment of a "Chief Controlling Authority" for all revenue matters. This authority supervises every sub-division of the State and functions as the apex administrative power within the revenue structure for the purpose of implementing the Code's provisions, including assessment, collection, and resolution of disputes regarding land ownership and tenancy rights. The section creates a clear line of command where the Collector acts on behalf of the State Government to define and enforce revenue obligations.
Based on the application of Section 4 and related revenue codes in the provided sources, the essential ingredients and principles governing its operation include:
The scope of Section 4 extends far beyond mere tax collection; it encompasses the entire lifecycle of land administration in Gujarat:
Section 4 itself is a definition of authority and does not prescribe a specific penalty for the authority. However, the failure to act, the abuse of power, or acting without jurisdiction under the framework of Section 4 invites severe judicial consequences:
[Formation of divisions.] Deleted by Guj. 15 of 1964, section 4 Schedule.
[Commissioner for each division.] Deleted by Guj. 15 of 1964, section 4, Schedule.
[Appointment of Commissioners; their powers and duties] Deleted by Guj. 15 of 1964, section 4, Schedule.
[Additional Commissioners.] Deleted by Guj. 15 of 1964, section 4, Schedule.
[Assistant Commissioners.] Deleted by Guj. 15 of 1964, section 4, Schedule.
Each division 1 [* * * *] shall be divided into such2 * * districts with such limits as may from time to time be prescribed by a duly published order of the 3 [4 [State] Government].
A district to consist of talukas comprising such mahals and villages as 4 [State] Government may direct
And each such district shall consists of such2 * * talukas, and each taluka shall consist of such mahals and villages, as may from time to time be prescribed in a duly published order of the 3 [4 [State] Government].
5 [And each such mahal shall consist of such villages as may from time to time be prescribed by a duly published order of the State Government.]
6 * ******
______________________
&nbs
1[7A. Power of State Government to alter limits of, or to amalgamate or constitute villages
The State Government may from time to time by a duly published order alter or add to the limits of any village or amalgamate two or more villages or constitute a new village].
______________________
1. Section 7A was inserted by Bom. 33 of 1950, section 3.
The 1 [2 [State] Government] shall appoint in each district as officer who shall be the Collector 3 * * * * and who 4 [* * * * * *] may exercise, throughout his district, all the powers and discharge all the duties conferred and imposed on a Collector or an Assistant or Deputy Collector by this Act, or any other law for the time being inforce, and in all matters not specially provided for by law shall act according to the instructions of 5 [ the 2 [ State] Government].
______________________
1. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3. The words "of the Distri
Legal Comments
Introduction - Gujarat Land Revenue Code, 1879 (Code) governs revenue matters including mutations, occupancy, and conversion; RTS proceedings are limited to fiscal questions and not authoritative on title. [Source: STATE OF GUJARAT VS REKHA SUBHASH SAGAR]
Section 8 - (Note: The user asked about Section 8; the provided sources do not specify Section 8 content of Gujarat Land Revenue Code. To maintain accuracy, no speculative summary is provided beyond general RTS scope.) [Source: Mustufakhan R. Pathan VS State of Gujarat, STATE OF GUJARAT VS REKHA SUBHASH SAGAR]
Essential ingredients of mutational entries - Revenue mutation entries under 135C and 135D function as records for fiscal purposes and must be based on registered sale deeds; they do not by themselves confer title. [Source: Nirmalaben @ Nilaben Ratnasinh Chauhan W/O Takhatsinh Dansinh Thakore VS State Of Gujarat Through The Secretary], [Source: Mustufakhan R. Pathan VS State of Gujarat]
Duty to certify registered sale deeds - Government revenue authorities must certify entries for registered sales (section 135C) unless barred by other valid proceedings; failure to certify can be challenged in writs. [Source: Nirmalaben @ Nilaben Ratnasinh Chauhan W/O Takhatsinh Dansinh Thakore VS State Of Gujarat Through The Secretary], [Source: LEGAL HEIRS OF NALINBHAI KESHAVJIBHAI RAJANI VS STATE OF GUJARAT]
Mutations subject to civil suit outcomes - Revenue mutation entries should reflect pending civil suits; entry can be subject to outcome of Civil Court proceedings (e.g., Special Civil Suit No. 54 of 2014). [Source: Nirmalaben @ Nilaben Ratnasinh Chauhan W/O Takhatsinh Dansinh Thakore VS State Of Gujarat Through The Secretary]
Role of RTS in title disputes - Revenue Tribunal/RTS proceedings cannot adjudicate title; if title is disputed, civil courts must decide and mutation entries should reflect the civil outcome. [Source: NILESH KESHAVLAL MODI VS STATE OF GUJARAT], [Source: STATE OF GUJARAT VS REKHA SUBHASH SAGAR], [Source: Mustufakhan R. Pathan VS State of Gujarat]
Precedent: Suraj Bhan and others - Entries are for fiscal purposes; title/duration rights lie with Civil Court; mutation cannot decide ownership. [Source: Mustufakhan R. Pathan VS State of Gujarat], [Source: RANCHHODBHAI KHODIDAS PRAJAPITI VS CHUNILAL LALLUBHAI DASHRATH BHULABHAI PATEL]
Precedent: Ratilal Solanki line - Courts held mutation cannot determine title; if there is a dispute, refer to Civil Court; mutation entries can be withdrawn or stayed pending civil proceedings. [Source: Mustufakhan R. Pathan VS State of Gujarat], [Source: RANCHHODBHAI KHODIDAS PRAJAPITI VS CHUNILAL LALLUBHAI DASHRATH BHULABHAI PATEL]
Section 53A of Transfer of Property Act (part performance) - In disputes over sale/deed validity, civil courts decide; RTS can note provisional entries reflecting part performance but cannot extinguish/validate title. [Source: 01300034335], [Source: LEGAL HEIRS OF NALINBHAI KESHAVJIBHAI RAJANI VS STATE OF GUJARAT]
Section 135C exemptions for registered deeds - If acquisition is by registered document, exemption from reporting to designated officer applies; mutation should reflect the registered deed evidence. [Source: 01300034335], [Source: NILESH KESHAVLAL MODI VS STATE OF GUJARAT]
Section 135D process timing and objections - Mutation must involve objections, proper service, and certification within prescribed timelines; failure to follow these can be challenged. [Source: State Of Gujarat VS Ajay Surendrabhai Patel]
Overriding principles: RTS limitation on title matters - Several judgments reiterate that mutation entries do not confer title and revenue authorities must refrain from deciding civil rights; refer to Civil Court for title disputes. [Source: NILESH KESHAVLAL MODI VS STATE OF GUJARAT], [Source: Murtadha Anwar Ali Khojana VS Special Secretary (Appeals), Revenue Department], [Source: Jayaben VS State of Gujarat]
Oversight: Civil rights retained despite mutation entries - Even where mutation occurs, rights of ownership are determined by Civil Court; riders or conditions may be added to entries about pending suits. [Source: STATE OF GUJARAT VS REKHA SUBHASH SAGAR], [Source: LEGAL HEIRS OF NALINBHAI KESHAVJIBHAI RAJANI VS STATE OF GUJARAT]
Mutations and old tenure vs. old agreement distinctions - Classification of land tenure (old tenure vs. old agreement) can affect outcomes like NA permission and premium, illustrating why mutation entries must not be treated as conclusive on tenure status. [Source: State Of Gujarat VS Ajay Surendrabhai Patel]
SEZ precedence over local Code provisions - For SEZ projects, SEZ Act prevails over Gujarat Land Revenue Code; mutations in such contexts may be superseded by SEZ orders. [Source: Shabbir Ali Mohammed Khalifa VS Union of India], [Source: Shabbir Ali Mohammed Khalifa VS Union of India]
Utility of non-obstante clauses in overlapping laws - When provisions contain non-obstante clauses, harmonious interpretation is required; courts emphasize objective of provisions and avoiding conflicting outcomes. [Source: NILESH KESHAVLAL MODI VS STATE OF GUJARAT]
Beneficiary considerations in mutation orders - Courts have directed mutation with riders acknowledging pending litigation to avoid prejudicing parties; complete cancellation of entries absent civil adjudication is improper. [Source: 01300034335]
Transfer of investigation context (informational) - In related land dispute contexts, jurisdictional focus remains revenue entries for fiscal purposes; investigations may be ordered to uncover forged documents or proceeds only for criminal processes, not for title resolution. [Source: Jayaben VS State of Gujarat]
Practical conclusion - Section 8 is not evidenced in the provided materials; however, the Gujarat Land Revenue Code framework around mutation entries (135C/135D), RTS limitations on title, and the need to reflect civil outcomes in revenue records form the core legal commentary. Ensure any mutation or NA conversion respects civil proceedings and preserves rights pending litigation. [Source: Nirmalaben @ Nilaben Ratnasinh Chauhan W/O Takhatsinh Dansinh Thakore VS State Of Gujarat Through The Secretary], [Source: Mustufakhan R. Pathan VS State of Gujarat], [Source: STATE OF GUJARAT VS REKHA SUBHASH SAGAR]
References
1[8A. Additional Collectors
(1) The State Government may appoint in each district so many Additional Collectors as it may deem fit.2[* * * * *] The Additional Collector shall exercise such powers and discharge such duties as are exercised or discharged by the Collector in the district or a part of district under this Act or any other law for the time being in force as the State Government may direct.
(2) An Additional Collector appointed under sub-section (1) shall not be subordinate to the Collector except in such matters as the State Government may by a general or special order specify in this behalf.]
______________________
1. This section was inserted by Bom. 45 of 1956, Section 3.
2. The word "The Ad
The 1 [2 [State] Government] may appoint to each district so many Assistant Collectors, and so many Deputy Collectors as 3 [it] may deem expedient; the Assistants shall be called "First", "Second", "Supernumerary", etc. as may be expressed in the order of their appointment.
To be subordinate to the Collector
All such Assistant and Deputy Collectors and all other officers employed in the land revenue administration of the district shall be subordinate to the Collector.
______________________
1. The words "Provincial Government" were substituted for the words "Governor-in-Council" by the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincial" by the Adaptation of L
Subject to the general orders of1[the2[State] Government] , a Collector may place any of his assistants or deputies in charge of the. revenue administration of one or more of the talukas in his district, or may himself retain charge thereof.
Any Assistant or Deputy Collector thus placed in charge shall, subject to the provisions of Chapter XIII3* * * * , perform all the duties and exercise all the powers conferred upon a Collector4[* * * *] by this Act or any other law at the time being in force, so far as regards the taluka or talukas in his charge :
Provided that the Collector, may whenever he may deem fit, direct any such Assistant or Deputy not to perform certain duties or exercise certain powers, and may reserve the same to himself or assign them to any other Assistant or, Deputy subordinate to him.
SupremeToday AI Service seems to be Down for a While!
If the Collector is disabled from performing his duties or for any reason vacates his office or leaves his district, or dies, his Assistant of highest rank present in the district shall, unless other provision has been made by 1 [2 [State] Government], succeed temporarily to his office, and shall be held to be the Collector 3 [* * * * *] under this Act until the Collector resumes charge of his district or until the 1 [2 [State] Government], appoints a successor to the former Collector and such successor takes charge of his appointment.
An officer whose principal office is different from that of an Assistant Collector, and who is an Assistant Collector for special purposes only, shall not be deemed to be an Assistant for the purposes of this section.
______________________
1. The words "Provinc
His Appointment
The chief officer entrusted with the local revenue administration of a taluka shall be called a Mamlatdar. He shall be appointed by the 1 [ 2 [State] Government].
His Duties and Powers
His duties and powers shall be such as may be expressly imposed or conferred upon him by this Act or by any other law for the time being in force, or as may be imposed upon, or delegated to him by the Collector under the general or special orders of 3 [the 2 [State] Government]. 4 [* * * *]
______________________
1. The words "Provincial Government" were substituted for the words " Commissioner of the division in which his taluka is situated" by the Adaptation of Indian Laws Order in Council.
Section 12 of the Gujarat Land Revenue Code, 1879, pertains to the appointment and functions of the Mamlatdar, a key revenue officer responsible for local land revenue administration in Gujarat. It is a crucial provision that defines the administrative structure at the taluka level for land management and revenue collection.
Section 12 establishes the Mamlatdar as the chief officer entrusted with the local revenue administration of a taluka. It specifies that the Mamlatdar’s appointment and functions are integral to the effective implementation of land revenue laws within their jurisdiction.
The scope encompasses the appointment, powers, and duties of the Mamlatdar in managing land revenue matters within a taluka. It forms the foundation for subsequent provisions related to revenue collection, land records, and enforcement actions under the Code.
Section 12 itself does not prescribe specific punishments; however, violations of the Mamlatdar’s orders or dereliction of duties could attract penalties under other sections of the Gujarat Land Revenue Code or related laws.
Note: The above commentary synthesizes information from the provided sources, focusing on the legal and administrative aspects of Section 12, with references to relevant sections and general principles inferred from the Gujarat Land Revenue Code, 1879.
1[12A. Additional Mamlatdars
(1) The State Government may appoint so many Additional Mamlatdars, as it may deem fit. An Additional Mamlatdar shall exercise such powers and discharge such duties in a taluka or part of a taluka under this Act or any other law for the time being in force as the State Government may direct.
(2) An Additional Mamlatdar shall not be subordinate to the Mamlatdar in the taluka except in such matters as the State Government may by a general or special order specify in this behalf.]
______________________
1. This section was inserted by Bom. 45 of 1956, Section 4.
Whenever it may appear necessary to the 1 [ 2 [State] Government], the 3 [ 2 [State] Government] may 4 [appoint to a taluka one or more Mahalkaris] and, subject to the orders of 5 [the 2 [State] Government] 6 [ * * * * ] the Collector may 7 [assign to a Mahalkari] within his local limits such of the duties and powers of a Mamlatdar as he may from time to time see fit, and may also from time to time direct whether the Mahalkari's immediate superior shall, for the purposes of section 203 8 * * * * * be deemed to be the Mamlatdar or the Assistant or Deputy Collector, or the Collector in charge of the taluka.
9 [When a defined portion of a taluka is placed in charge of a Mahalkari, such portion shall be called a mahal.]
______________________
1. The words "Provincial Government" were substituted f
It shall be competent to a Mamlatdar or Mahalkari subject to such general orders as may from time to time be passed1[ * * * ] by the Collector, to employ any of his subordinates to perform any portion of his ministerial duties: provided that all acts and orders of his subordinates when so employed shall be liable to revision and confirmation by such Mamlatdar or Mahalkari.
2* * * * *
______________________
1. The words "by the Commissioner or" were deleted by Guj. 15 of 1964, Section 4 Schedule.
2. The words "The portion of a taluka in the charge of a Mahalkari shall be called a Mahal" and the words "The present mahals shall remain as they are, for the purposes of this Act, until altered by the Governor in Council" were repealed by Section 9(2) of t
If a Mamlatdar or Mahalkari is disabled from performing his duties or for any reason vacates his office, or leaves his taluka or mahal, or dies, such subordinates as may be designated by orders to be issued from time to time in this behalf by the Collector, shall succeed temporarily to the said Mamlatdar's or Mahalkari's office, and shall be held to be the Mamlatdar or Mahalkari under this Act until the Mamlatdar or Mahalkari resumes charge of his taluka or mahal, or until such time as a successor is duly appointed and takes charge of his appointment.
1[16. Appointment of village accountant and stipendiary Patel
Stipendiary Patel and Village-Accountant to be appointed where no hereditary Patel or Village-Accountant exists
2[(1)] It shall be lawful for the State Government to appoint a village accountant for a village or a group of villages. In villages where no hereditary patel exists, it shall be lawful for the State Government to appoint a stipendiary patel. The village accountant and the patel shall perform all the duties including the duties of village accountant or hereditary patel as hereinafter prescribed by this Act or any other law for the time being in force and shall hold their situations under the rules in force with regard to subordinate revenue officers.
Saving the rights of holders of alienated villages
&
Subject to the general orders of 1 [the 2 [State] Government] 3 [ * *] the Collector shall prescribe from time to time what registers, accounts, and other records shall be kept by the Village Accountant 4 * * *
It shall also be the duty of the Village Accountant to prepare, whenever called upon by the Patel of his village or by any superior Revenue or Police officer of the taluka or district to do so, all writings connected with the concerns of the village which arc, required either for the use of 5 [the Central or the 6 [State] Government] or the public, such as notices, reports of inquests, and depositions and examinations in criminal matters.
______________________
1. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in C
For the purposes of Chapters VIII, 1 [VIII-A], IX and X 2 * * * the 3 [ 4 [State] Government] may appoint such officers as may from time to time appear necessary. Such officers shall be designated "[Settlement Commissioners] ''Commissioner of Survey", "Superintendent of Survey", "Survey Settlement Officers", 5 ''[Settlement Officers]" and "Assistant", or otherwise as may seem requisite, and shall be subordinated the one to the other in such order as the 3 [ 4 [State] Government] may direct.
their duties and powers
Subject to the orders of the 3 [ 4 [State] Government] the officers so appointed are vested with the cognisance of all matters connected with survey arid settlement, and shall exercise all such powers and perform all such duties as may be prescribed by this or any other law for the time being in force.
&nbs
It shall be lawful for the 1 [ 2 [State] Government] to appoint one and the same person, being otherwise competent according to law, to any two or more of the offices provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise as may seem expedient.
______________________
1. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
The appointment of all officers mentioned in sections 4 to 13 and 18 and 19 shall be duly notified.
Acting appointments
Any officer appointed to act temporarily for any such officer shall exercise the same powers and perform the same duties as might be performed or exercised by the officer for whom he is so appointed to act.
[Establishments] Omitted by the Adaptation of Indian Laws Order in Council.
The 1 [2 [State] Government] shall from time to time by notification prescribe what revenue officers shall use a seal, and what size and description of seal shall be used by each of such officers.
3 * * * * * *
______________________
1. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3. The words "Pending the issue of the first orders under this section, the seals hitherto used shall continue to be used by such officers as have used them" were repealed by the Amending Act, 1895 (16 of 1895).
[Governor in Council to direct what officers shall furnish security, and to what amount ]. Omitted by the Adaptation of Indian Laws Order in Council].
[Fresh or additional security.] Omitted by the Adaptation of Indian Laws Order in Council.
The Collector or the Superintendent of Survey or any other officer, deputed by the Collector or Superintendent of Survey for this purpose shall in all cases in which he may have a claim on any revenue officer or on any person formerly employed as such in his department or district for public money or papers or other 1 [ property of the Government ], by writing under his official seal, if he use one, and signature, require the money, or the particular papers or property detained to be delivered either immediately to the person bearing the said writing, or to such person on such date and at such place as the writing may specify.
Who may be arrested and confined in jail if he fails to produce them
If the officer or other person aforesaid shall not discharge the money, or deliver up the papers or property as directed, he n ay cause him to be
The Collector of his own motion, if the officer or other person is or was serving in his department and district, and upon the application of the Superintendent of Survey, if such officer or person is or was serving in the survey department in his district, may also take proceedings to recover any public moneys due by him in the same manner and subject to the same rules as are laid down in this Act for the recovery of arrears of land revenue from defaulters, and for the purposes of recovering public papers or other property 1 [of the 2 [Government]] may issue a search warrant and Exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure.
Persons in possession of public moneys, etc., bound to give them up
It shall be the duty of all pers
The surety or sureties of such officer or other person as is aforesaid, 1 * * shall be liable to be proceeded against jointly and severally in the same manner as his or their principal is liable to be proceeded against, in case of default, and notwithstanding such principal may be so proceeded against:
Extent of liability
Provided always that in any case of failure to discharge or make good any sum of money due to the 3 [Government] or to produce any property of the 2 [Government] of ascertained value no greater sum than is sufficient to cover any loss or damage which the 3 [4 [State] Government] may actually sustain by the default of the principal shall be recovered from the surety or sureties as the amount which may be due from such surety or sureties under the terms of the security bond executed by him or them :
If an officer or other person as aforesaid or his surety or sureties against whom a demand is made, shall give sufficient security in the form of Schedule D, the Collector shall cause such officer or surety if in custody to be liberated, and countermand the sale of any property that may have been attached, and restore it to the owner.
The liability of the surety or sureties shall not be affected by the death of a principal or by his appointment to a situation different from that which he held when the bond was executed, but shall continue so long as the principal occupies any situation in which security is required1* * * * and until his bond is cancelled.
Liability of heirs of deceased officer
The heirs of a deceased officer shall be liable by suit in the Civil Court for any claims which the2[Government] may have against the deceased, in the same way as they would be for similar claims made by an individual.
______________________
1. The words and figures "under section 13" were omitted by the Adaptation of Indian Laws Order in Council.
&nbs
Any surety, whether under a separate or joint bond, may withdraw from his surety ship at any time on his stating, in writing, to the officer to whom the bond has been given, that he desires so to withdraw; and his responsibility under the bond shall cease after sixty days from the date on which he gives such writing as to all demands upon his principal concerning moneys, papers or other property for which his principal may become chargeable after the expiration of such period of sixty days, but shall not cease as to any demands for which his principal may have become liable before the expiration of such period, even though the facts establishing such liability may not be discovered till afterwards.
37. All public roads, etc., and all lands which are not the property of others belong to the 2 [Government.]
1 [(1)] All public roads, lanes and paths, the bridges, ditches, dikes, and fences, on or beside, the same, the bed of the sea and of harbours and creeks below high water-mark, and of rivers, streams, nallas, lakes, and tanks, and all canals, and water-courses, and all standing and flowing water and all lands wherever situated, which are not the property of individuals, or of aggregates of persons legally capable of holding property, and except in so far as any rights of such persons may be established, in or over the same, and except as may be otherwise provided in any law for the time being in force are and are hereby declared to be, with all rights, in or over the same, or appertaining thereto, the property of 3 [the 2 [Government] ], and it shall be lawful for the Collec
(1) Whenever it appears to the1[State Government] that any public road, lane or path which is the property of2[the State Government] or part thereof, is not required for the use of the public the3[State Government], may, by a notification published in the4[Official Gazette], make declaration to such effect, stating in such declaration that it is proposed that the rights of the public as well as of all individuals in or over any such road, lane or path, or part thereof, as the case may be, shall be extinguished. On the publication of such notification, the Collector shall, as soon as possible, cause public notice of such declaration to be given at convenient places on, or in the vicinity of, such road, lane or path, or part thereof, as the case may be. Such declaration and notice shall specify, as far as practicable the situation and limits of such road, lane or path, or part thereof, and shall invite objections to the aforesa
Subject to the general orders of1[the2[State] Government], it shall be lawful for survey officers whilst survey operations are proceeding under Chapter VIII3* * * , and at any other for the4[Collector] to set apart lands the5[property of6[the State Government ]] and not in the lawful occupation of any person or aggregate of persons, in unalienated villages or unalienated portions of villages, for free pasturage for the village cattle, for forest reserves, or for any other public or municipal purpose; and lands assigned specially for any such purpose shall not be otherwise7[used] without the sanction of the4[Collector]; and in the disposal of land under section 37 due regard shall be had to all such special assignments.
______________________
1. The words "the Provincial Government" were substituted for the word "Government" by the Adapta
Section 38 of the Gujarat Land Revenue Code, 1879, provides a statutory framework for the assignment of land for specific purposes, notably for grazing or other designated uses. It establishes the conditions under which land can be allocated and the restrictions on its use, aiming to regulate land management and protect public interest, especially in rural and village contexts.
Section 38 authorizes the Government or Collector to assign land for special purposes, such as grazing ('gauchar'), and stipulates that once assigned, such land shall not be used for any other purpose without prior sanction. It emphasizes that land assigned for grazing cannot be diverted or repurposed without official approval, thereby safeguarding the designated use.
Section 38 primarily covers:- The assignment of land for specific purposes such as grazing ('gauchar').- The restriction on the use of such assigned land for any other purpose without permission.- The regulation of land use to prevent unauthorized or arbitrary diversion.- It also interacts with provisions related to the rights of villagers over grazing land, balancing public interest with individual rights.- The section applies to both government and private land where assignment has been made for special purposes.
While specific penalties or punishments are not detailed within Section 38 itself, violations such as unauthorized use or diversion of assigned land can attract penalties under the broader provisions of the Gujarat Land Revenue Code, 1879, and Rules. Penalties may include fines, cancellation of assignment, or other legal consequences as prescribed under related sections (e.g., Sections 66 and 67 of the Code).
In summary, Section 38 of the Gujarat Land Revenue Code, 1879, provides a statutory mechanism for the assignment and restriction of land use for special purposes, especially grazing. Its effective implementation requires adherence to procedural safeguards, respect for villagers’ rights, and proper administrative discretion, with penalties and judicial oversight ensuring compliance and fairness.
The right of grazing on free pasturage-lands shall extend only to the castle of the village or villages to which such lands belong or have been assigned, and shall be regulated by rules to be from time to time, either generally or in any particular instance, prescribed by the Collector with the sanction of the1[State Government]. The Collector's decision in any case of dispute as to the said right of grazing shall be conclusive.
______________________
1. These words were substituted for the words "Commissioner" by Guj. 15 of 1964, Section 4 Schedule.
1[39A. Recovering value of natural products unathourizedly removed from certain lands
Any person who shall unauthorizedly remove from any land which is set apart for a special purpose or from any land which is the property of Government, any natural product shall be liable to the Government for the value thereof, which shall be recoverable from him as an arrear of land revenue. The decision of the Collector as to the value of any such natural product shall be conclusive.]
______________________
1. This section was inserted by Bom'. 14 of 1955, Section 2.
40. Concession of1[Government] rights to trees in case of settlements completed before the passing of this Act
In villages, or portions of villages, of which the original survey settlement has been completed before the passing of this Act, the right of2[the1[Government]] to all trees in unalienated land, except trees reserved by2[ the1[Government]] or by any survey officer, whether by express order made at or about the time of such settlement, or under any rule, or general order in force at the time of such settlement, or by notification made and published at or at any time after, such settlement, shall be deemed to have been, conceded to the occupant. But in the case of settlement completed before the passing of3Bombay Act I of 1865 this provision shall not apply to teak, black-wood or sandal-wood trees. The right of2[the1[Government]] to such trees shall not be deemed to have bee
The right to all trees specially reserved under the provision of the last preceding section, and to all trees, brushwood, jungle, or other natural product growing on land set apart for forest reserves under section 32 of Bombay Act I of 18651[or section 38 of this Act, and to all trees, brushwood, jungle or other natural product, wherever growing, except in so far as the same may be the property of individuals or of aggregates of individuals, capable of holding property, vests in2[the State Government]; and such trees, brushwood, Jungle or other natural product shall be preserved or, disposed of in such manner as3[the4[State] Government] may from time to time direct.
______________________
1. Bom. I of 1865 (except 5537 and 38) is repealed by Section 2 of this Act, which has been repealed by Bom. 4 of 1913.
&nb
1[A11 road-side trees which have been planted and reared by, or, under the orders of, or at the expense of2[the3[Government]] and all trees which have been planted and reared at the expense of Local Fund, by the side of any road, which vests in2[the3[Government]]. But in the event of such trees dying or being blown down, or being cut down by order of the Collector, the timber shall become the property of the holder of the land in which they were growing; and the usufruct, including the loppings of such trees, shall also vest in the said holder; provided that the trees shall not be lopped except under the orders of the Collector.
4[ * * * * * ]
______________________
1. These words were substituted for the words "All road-side trees which have, been planted and reared by, or under the orders of
Any person who shall unauthorizedly fell and appropriate any tree or any portion thereof or remove1[from his holdings] any other natural product1[whether of the like description or not] which is the property of2[the3[Government]], shall be liable to2[the3[Government]] for the value thereof, which shall be recoverable from him as an arrear of land revenue in addition to any penalty to which he may be liable under the provisions of this Act for the occupation of the land or otherwise; and notwithstanding any criminal proceedings which may be instituted against him in respect of his said appropriation of3[Government] property.
The decision of the Collector as to the value of any such tree, or portion thereof, or other natural product, shall be conclusive.
______________________
1. These words wer
In villages or lands in which the rights of1[the2[Government]] to the trees have been reserved under section 40 subject to certain privileges of the villagers or of certain classes or persons to cut fire-wood or timber for domestic or other purposes, and in lands which have been set apart under section 38 for forest reserves subject to such privileges and in all other cases in which such privileges exist in respect of any alienated land, the exercise of the said privileges shall be regulated by rules to be from time to time either generally or in any particular instance, prescribed by the Collector or by such other officer as3[the4[State] (Government] may direct. In any case of dispute as to the mode or time of exercising any such privileges the decision of the Collector or of such other officer shall be conclusive.
______________________
&nbs
1(1) All land, whether applied to agricultural or other purposes, and wherever situate, is liable to the payment of land revenue to2[the3[Government] according to the rules hereinafter enacted except such as may be wholly exempted under the provisions of any special contract with2[ the3[Government]] or any law for the time being in force :
4[Provided that a small holder shall not be liable to pay land revenue in respect of the land held by him for the time being for the purpose of agriculture.]
But nothing in this Act shall be deemed to affect the power of the Legislature to direct the levy of revenue on all lands under whatever title they may be held whenever and so long as the exigencies of the State may render such levy necessary.
5[(2) As soon as may be after the coming into force of the B
All alluvial lands, newly-formed islands, or abandoned river-bed which vest, under any law for the time being in force in any holder of alienated land, shall be subject in respect of liability to the payment of land revenue to the same privileges, conditions, or restrictions as are applicable to the original holding in virtue of which such lands, islands, or river-beds so vest in the said holder, but no revenues shall be leviable in respect of any such lands, islands, or river-beds until or unless the area of the same exceeds half an acre and also exceeds one tenth of the area of the said original holding.
Every holder of land paying revenue in respect thereof shall be entitled, subject to suck rules as may be from time to time made in this behalf by the 1 [2 [State] Government], to a decrease of assessment if any portion thereof not being less than half an acre in extent, 3 *** is lost by diluvion.
4 [ * * * * * *]
______________________
1. The words "Provincial Government" were substituted for the words "Governor in Council by the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order 1950.
3. The words "not less than one-tenth of the holding" were repealed by Section 13 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of
1 [48. Manner of assessment and alteration of assessment, Prohibition of use of land for certain pourposes
2 [(1) The land revenue leviable on any land under the provisions of this Act shall be assessed, or shall be deemed to have been assessed, as the case may be, with reference to the use of the land --
Prohibition of use of land for certain purpose
(a) for the purpose of agriculture ;
(b) for the purpose of residence ;
(c) for the purpose of industry ;
(d) for the purpose of Commerce, or
(e) for any other purpose.]
(2) 3 [Where land assessed for use for any purpose is p
When it has been customary to levy any special or extra cess, fine, or tax, however designated, from any holder of land, which, though nominally, wholly or partially exempt from the payment of land revenue, has by the exaction of such cess, fine or tax been indirectly taxed to the State,
And of land liable to occassional assessment
or when any land ordinarily, or under certain circumstances, wholly or partially exempt from assessment, is subject occasionaly, or under particular circumstances, to the payment of assessment, or of any cess or tax however designated,
the said assessment, cess, fine, or tax may be commuted into an annual assessment on the land to be paid under all circumstances, but such commuted assessment shall not exceed such amount as the1[Collector] shall deem to be a fair equ
Whenever, any such cess, fine or tax hitherto payable by any inferior holder shall be made leviable from the superior holder, it shall be lawful for such superior holder to recover from such inferior holder the amount of the commuted assessment fixed in lieu of such cess, fine or tax.
When it has been customary to levy a larger revenue under the name "veia" or any other designation, upon any portion of land than such portion would ordinarily be liable to in consideration of other land being held with it which is wholly or partially exempt from payment of revenue, the excess of revenue payable on the said portion of land may be charged upon the land hitherto held wholly or partially exempt.
1 [52. Assessment by whom to be fixed, Proviso
2 [3 [(1) On all lands which are not wholly exempt from the payment of land revenue, 4 [and] on which the assessment has not been fixed under the provisions of 5 [Chapter VIII-A,] the assessment of the amount to be paid as land revenue shall, subject to rules 6 ** made in this behalf under section 214, be fixed at the discretion of the Collector, for such period 7 [not exceeding ninety-nine years] as he may, 8 * * * * be authorised to prescribe, and the amounts due according to such assessment shall be levied on all such lands :
9 [**]Provided that in the case of lands partially exempt from land revenue, or the liability of which to payment of land revenue is subject to special conditions or restrictions, respect shall be had in the fixing of the assessment and the levy of the revenue to all
A Register shall be kept by the Collector in such form as may from time to time be prescribed by the 1 [2 [State] Government] of all lands, the alienation of which has been established or recognised under the provisions of any law for the time being in force; and when it shall be shown to the satisfaction, of the Collector that any sanad granted in relation to any such alienated lands has been permanently lost or destroyed, he may, subject to the rules and the payment of the fees prescribed by the 1 [2 [State] Government] under section 213, grant to any person whom he may deem entitled to the same a certified extract from the said Register, which shall be endorsed by the Collector to the effect that it has been issued in lieu of the sanad said to have been, lost or destroyed, and shall be deemed to be as valid a proof of title as the said sanad.
______________________
&nbs
Section 54 - Settlement of assessment to be made with the holder directly from1[State] Government
The settlement of the assessment of each portion of land, or survey number, to the land revenue, shall be made with the person who, under section 136, is primarily responsible to2[the1[State] Government] for the same.
3[x x x x x]
______________________
1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2.The words "Provincial Government" were substituted for the word " Government " by the Adaptation of Laws Order, 1050.
3. The second paragraph of section 54 was repealed by s. 16 of the Bombay Land-Revenue (Amendment,) Act
The 1 [2 [State] Government may authorise the Collector or the officer in charge of a survey or such other officer as 3 [it] deems fit to fix such rates as 3 [it] may from time to time deem fit; to sanction, for the use, by landholders and other persons, of water, the right to which vests in 4 [the 5 [Government]], 6 [and in respect of which no rate is leviable under the Bombay Irrigation Act, 1879, (Bom VII. of 1879)]. Such rates shall be liable to revision at such periods as 7 [the 2 [State] Government] shall from time to time determine, and shall be recoverable as land revenue.
______________________
1. The words "Provincial Government" wore substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincia
Arrears of land revenue due on account of land by any landholder shall be a paramount charge on the holding and every part thereof, failure in payment of which shall make the occupancy or alienated holding together with all rights of the occupant or holder over all trees, crops, buildings and things attached to the land or permanently fastened to anything attached to the land, liable to forfeiture, whereupon the Collector may levy all sums in arrears by sale of the occupancy or alienated holding,1* * * or may otherwise dispose of such occupancy or alienated holding under rules2* * made in this behalf under section 214,3[and such occupancy or alienated holding when disposed of, whether by sale as aforesaid, or by restoration to the defaulter, or by transfer to another person or otherwise howsoever, shall unless the Collector otherwise directs, be deemed to be freed from all tenures, rights, incumbrances and equities therefore
It shall be lawful for the Collector in the event of the forfeiture f a holding through any default in payment or other failure occasioning such forfeiture under the last section or any law for the time being in force, to take immediate possession of1* * * such holding, and to dispose of the same by placing it in the possession of the purchaser or other person entitled to hold it according to the provisions of this Act or any other law for the time being in force.
______________________
1. The words "the land embraced within" were repealed by Section 18 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of 1913).
1 [58. Receipts
(1) Every revenue officer and every hereditary patel and every 2 [village accountant] receiving payment of land revenue 3 [shall, at the time when such payment is received by him, give] a written receipt for the same.
(2) Every superior holder of an alienated village or of an alienated share of a village who is entitled to recover direct from an inferior holder any sum due on account of rent or land revenue 4 [shall, at the time when such sum is received by him, give] to such inferior holder a written receipt for the same.
(3) Every hereditary patel and 5 [accountant] who receives, in behalf of a superior holder of an alienated village or of an alienated share of a village, any rent or land revenue from an inferior holder 4 [shall, at the time when such rent or land revenue is
Any person convicted of a breach of the provisions of the last preceding section after summary inquiry before the Collector shall be liable to a fine not exceeding three times the amount received for which a receipt was not duly granted1[or Rs. 100] and one-half of the fine may, at the discretion of the Collector, be paid to the informer if any. Such inquiry may at any time be instituted by the Collector of his own motion without any complaint being preferred to him.
______________________
1. The word, letters and figures "or Rs. 100" were inserted by Bom. 29 of 1939, Section 30, read with Bom. 67 of 1948, Section 89.
Any person desirous of taking up unoccupied land which has not been alienated must, previously to entering upon occupation obtain the permission in writing of the Mamlatdar or Mahalkari.
1[Any person who shall unauthorizedly enter upon occupation of any land sot apart for any special purpose, or any unoccupied land which has not been alienated, and any person who uses or occupies any such land to the use or occupation of which by reason of any of the provisions of this Act he is not entitled or has ceased to be entitled shall,]
if the land which he unauthorizedly occupies forms part of an assessed survey number, pay the assessment of the entire number for the whole period of his2[unauthorized] occupation, and
if the land so occupied by him has not been assessed, such amount of assessment as would be leviable for the said period in the same village on the same extent of similar land3[used for] the same purpose; and shall also be liable, at the discretion of the Collector, to a fine not exceeding five rupees, or a sum equa
The Gujarat Land Revenue Code, 1879, serves as a comprehensive framework for land revenue administration in the state of Gujarat. Section 61 specifically addresses penalties for unauthorized occupation of land, providing a mechanism for the government to manage and regulate land use effectively.
Section 61 of the Gujarat Land Revenue Code stipulates penalties for individuals who unlawfully occupy land designated for specific purposes. It empowers authorities to take action against unauthorized occupants, including eviction and imposition of fines.
The scope of Section 61 extends to all forms of unauthorized occupation of government land. It is applicable in cases where individuals have not established any legal claim or right over the land in question.
The penalties under Section 61 may include:- Fines: Monetary penalties imposed on unauthorized occupants.- Eviction: Summary eviction from the land in question, as per the procedures outlined in the Code.
1 [62. Unoccupied land may be granted on conditions
It shall be lawful for the Collector subject to such rules as may from time to time be made by the 2 [ 3 [State] Government] in this behalf, to require the payment of a price for unalienated land or to sell the same by auction and to annex such conditions to the grant as he may deem fit, before permission to occupy is given under section 60. The price (if any) paid for such land shall include the price of the 4 [ Government] right to all trees not specially reserved under the provisions of section 40 and shall be recoverable as an arrear of land revenue.]
______________________
1. Sections 62 and 63 were substituted by Sub-Section 21 and 22, respectively of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of 1913).
&
63. Grant of alluvial land vesting in the1[Government]
When it appears to the Collector that any alluvial land, which vests under any law for the time being in force in2[the State Government], may with due regard to the interests of the public revenue be disposed of, he shall offer the same to the occupant (if any) of the bank or shore on which such alluvial land has formed.
The price of the land so offered shall not exceed three times the annual assessment thereof.
If the said occupant shall refuse the offer, the Collector may dispose of the land without any restrictions as to the price to be asked.
For the purpose of this section, notwithstanding anything contained in section 3, if the bank or shore has been mortgaged with possession, the mortgago
When alluvial land forms on any bank or shore, the occupant, if any, of such bank or shore shall be entitled to the temporary used1** thereof unless or until the area of the same exceeds2[one] acre3* * *. When the area of the alluvial land exceeds the said extent, it shall be at the disposal of the Collector subject to the provisions of the last preceding section.
4* * * * * *
______________________
1. The words "and occupation" were repealed by Section 23 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of 1913).
2. This word was substituted for the words "half an" Section 23 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of 1913).
3. The words "and also exceeds one-tenth of the area of
Any occupant of land1[assessed or held for the purpose of agriculture] is entitled by himself, his servants tenants, agents, or other legal representatives, to erect farm-buildings, construct wells or tanks, or make any other improvements thereon for the better cultivation of the land, or its more convenient2[use for the purpose aforesaid].
Procedure if occupant wishes to apply his land to any other purpose
But, if any occupant3[wishes to use his holding or any part thereof for any other purpose] the Collector's permission shall in the first place be applied for by the4* * occupant.
5[The Collector, on receipt of such application,
(a) shall send to the applicant a written acknowledgement of its receipt, and
&nb
1[65A. Procedure if occupant wishes to apply his land from one non-agricultural purpose to another non-agriculatural purpose
Where the occupant of any land assessed or held for any non-agricultural purpose wishes to use such land or part thereof for any other non-agricultural purpose, the Collector's permission shall in the first place be applied for by him and the provisions of section 65 shall, so far as may be, apply to such application.
Explanation:--In this section, and in section 67A "non-agricultural purpose" means any of the purposes specified in clauses (b) to (e) of sub-section (1) of section 48.]
______________________
1. Section 65A was inserted, the President's Act No. 26 of 1976, Section 4.
1[66 Penalty for using land without permission
[If any land referred to in section 65 or section 65A be used for any purpose other than the purpose for which such land is assessed or held without the permission of the Collector being first obtained, or before the expiry of three months referred to in section 65 or despite refusal of permission during the said period of three months, then, without prejudice to the occupant's liability to pay the new assessment leviable under section 48 or the conversion tax leviable under section 67A,--
(a) the occupant and any tenent or other person holding under or through him shall be liable to be summarily evicted by the Collector from the land so used and from the entire survey number or sub-division of the survey number of which it may form a part; and
(b
Nothing 1 [in sections 65, 65A and 66] shall prevent the granting of the permission aforesaid 2 * * * on such terms 3 [or conditions] as may be 4 [prescribed by the Collector, subject to any rules made in this behalf by the 5 [6 [ State] Government].]
______________________
1. These words, figures and letter were substituted for the words "in the last two preceding sections by the President's Act No. 26 of 1976, Section 6.
2. The words "in special cases" were repealed by Bom. 4 of 1913, Section 26.
3. These words were inserted by Section 8(1) of the Bombay Land Revenue Code (Amendment) Act, 1901 (Bom. 6 of 1901).
4. These words were substituted for the words " agreed on between Government and the register
Section 67 of the Gujarat Land Revenue Code, 1879, governs the conditions under which land can be used for purposes other than agriculture, particularly focusing on non-agricultural (N.A.) use and the associated permissions, taxes, and penalties. It plays a crucial role in regulating land use changes and ensuring compliance with revenue and urban planning laws.
Section 67 authorizes revenue authorities to grant permission for non-agricultural use of land on certain terms and conditions. It stipulates that such permission may be granted with or without terms, including the payment of conversion tax (also known as premium or penalty). The section emphasizes that any change in land use from agricultural to non-agricultural requires prior approval and compliance with prescribed procedures.
Section 67 applies to all land within the jurisdiction of the Gujarat Land Revenue Department where a change from agricultural to non-agricultural use is proposed. It covers permissions, conditions, and taxes related to such conversions. The section also interacts with urban planning laws, such as the Gujarat Town Planning & Urban Development Rules, 1979, and the Town Planning Act, 1976.
While Section 67 itself primarily deals with permissions and terms, violations such as unauthorized land use or failure to seek permission can attract penalties under the Gujarat Land Revenue Code, 1879, and related laws. Penalties may include fines, levies of conversion tax, or other revenue recovery measures. Specific penalties for non-compliance are detailed in associated provisions and rules.
This concise legal commentary synthesizes the provisions, judicial interpretations, and procedural nuances related to Section 67 of the Gujarat Land Revenue Code, 1879, highlighting its significance in land use regulation and urban development.
1[67A. Payment of conversion tax by accupant for charge of use of land in certain areas
(1) Where any land assessed or held for the purpose of agriculture and situated in an area specified in column (2) of the Table below (hereafter in this section referred to as the specified area)-
(a) is permitted, or deemed to have been permitted, under section 65, to be used for any other purpose; or
(b) is used for any other purpose without the permission of the Collector being first obtained or before the expiry of the period prescribed in that section,
the occupant of such land shall be liable to pay to the State Government, a tax at the rate specified in the corresponding entry in column (3), column (4), or column (5), as the case may be, of the said Table
An occupant is entitled to the use and occupation of his land for the period, if any, to which his 1 [tenure] is limited, or if the period is unlimited, or a survey settlement has been extended to the land in perpetuity conditionally on the payment of the amounts due on account of the land revenue for the same, according to the provisions of this Act, or of any rules made under this Act, or of any other law for the time being in force, and on the fulfilment of any other terms 2 [or conditions] lawfully annexed to his 1 [tenure]:
Proviso :
3 [Provided that nothing in this or any other section shall make it, or shall be deemed ever to have made it, unlawful for the Collector at any time to grant permission to any person to occupy any unalienated unoccupied land, for such period and on such conditions as he may, subject to 4 [rules made by
The right of1[the2[Government ] to mines and mineral products in all3[ * ] land is and is hereby declared to be expressly reserved ;
4[ * * * * * ]
______________________
1. The words "the Crown" were substituted for the word "Government" by the Adaptation of Indian. Laws Order in Council.
2. The word "Government" was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
3. The word "unalenated" was deleted by Guj. 8 of 1982, Section 2(1)(a).
4. The proviso shall be and shall be deemed always to have been deleted with effect from 1st May, 1960, Guj. 8 of 1982, Section 2(1)(b).
1[69A. Vesting of rights to mines and mineral products in the State Government
(1) Notwithstanding anything contained in any custom, usage, grant, sanad or order or agreement or any law for the time being in force, or in any judgment, decree or order of a court or of other authority, with effect on and from the 1st May, 1960 all mines whether being worked or not and minerals whether discovered or not and all quarries which are situate within the limits of any land, granted or recognised under any contract, grant or law for the time being in force or decree of a court, shall vest in and with all rights over the same or appurtenant there to be the property of the State Government, and the State Government shall, subject to the provisions of the Mines and Minerals (Regulation and Development) Act, 1957, (Lxvii of 1957). have all powers necessary for the proper enjoyment and disposal o
1* * * * In any case where2[ an occupancy] is not transferable without the previous sanction of the Collector, and such sanction has not been granted to3[ a transfer] which has been made or4[ordered by Civil Court] or on which the Court's decree or order is founded.
(a) such occupancy5[* *] shall not be liable to the process of any court, and such transfer shall be null and void, and
(b) the court, on receipt of a certificate under the hand and real of the Collector, to the effect that any such occupancy6* * is not transferable without his previous sanction and that such sanction has not been granted, shall remove any attachment or other process placed or on set aside any sale of, or affecting, such occupancy.7* * *
______________________
1. These w
[ Name of heir to be registered when registered occupant dies.] Repealed by Bom. IV of 1913, Section 29.
If an occupant who is either a Hindu, a Mahomedan, or a Buddhist dies intestate and without known heirs, the Collector shall dispose of his occupancy by sale, subject to the provisions of this Act or of any other law at the time in force for the sale of forfeited occurances in realization of the land revenue, and the law at the time in force concerning property left by Hindus, Mahomedans or Buddhists, dying intestate and without known heirs shall not be deemed to apply to the said occupancy but only to the proceeds of such sale after deducting all arrears of land revenue due by the deceased to1[the2[Government] and all expenses of the said sale.
______________________
1. These words were substituted for the word "Government" by the Adaptation of Indian Lawn Order in Council.
2. This word was o
1[73. Occupancy to be transferable and heritable
2[An occupancy] shall, subject to the provisions contained in section 56, and to any conditions lawfully annexed to the3[tenure], and have as otherwise prescribed by law, be deemed an heritable and transferable property].
______________________
1. Section 73 was substituted by Section 10 of the Bombay Land Revenue (Amendment) Act, 1901 (Bom. 6 of 1901).
2. These words were substituted for the word "the right of occupancy" by Section 30 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of 1913).
3. This word was substituted for the word "occupancy" Section 30 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of 1913).
1[73A. Power to restrict right of transfer
(1) Notwithstanding anything in the foregoing section, in any tract or village to which2[the3[State] Government] may, by notification published before the introduction therein of an original survey settlement under section 103, declare the provisions of this section applicable,4[occupancies] shall not after the date of such notification be transferable without the previous sanction of the Collector.
(2)2[The3[State] Government] may, by notification in the5[Official Gazette], from time to time exempt any part of such tract or village or any person or class of persons from the operation of this section.]
______________________
1. Section 73A was inserted by Section 11 of the Bombay Land Revenue Code (Amendmen
(1) Notwithstanding anything contained in section 73, an occupancy of a person belonging to any of the Schedule Tribes (hereafter in this section and in section 73AB referred to as "(the tribal)" shall not be transferred to any person without the previous sanction of the Collector.
(2) The previous sanction of the Collector under sub-section (1) may be given in such circumstances and subject to such conditions as may be prescribed.
(3) (a) Where tribal transfers the possession of his occupancy to another tribal in contravention of sub-section (1), the tribal transferor or his successor in interest may, within two years of such transfer, apply to the collector that the possession of such occupancy may be restored to Mm and there upon the Collector shall, after issuing a notice to the transferee or his successor in interest, as the case ma
Section 73A(a) of the Gujarat Land Revenue Code, 1879, pertains to land transactions involving tribal lands and aims to regulate and restrict certain transfers to protect tribal interests and land rights. It forms part of the broader legal framework governing land tenure, transfer, and tribal land protections in Gujarat.
Section 73A(a) specifically addresses restrictions on the transfer of land owned by Scheduled Tribes, requiring prior permission from the Collector before any transfer can be effected. The provision aims to prevent unauthorized alienation of tribal land and safeguard tribal land rights.
Note: The references are derived from the provided sources, which include judgments, legal interpretations, and legislative summaries related to Section 73A(a) and its context within the Gujarat Land Revenue Code.
Notwithstanding anying contained in section 73 or in sub-section (1) of section 73 AA or in any condition lawfully annexed to the tenure, but subject to the provision contained in section 35, it shall be lawful for an occupant to mortgage, or create a charge on his interest, in his occupancy in favour of the State Government in consideration of a oan advanced to him by the state Government under the Land Improvement Loans Act, 1883, (19 of 1884). the Agriculturists Loans Act, 1883 or the Bombay Non-Agriculturists 'Loans Act, 1928, (Bom. III of 1928). as in force in the State of Gujarat or in favour of a bank or a cooperative society, and without prejudice to any other remdy open to the State Government, bank or cooperative society, as the case may be, the event of his making default in the payment of such loan in accordance with the terms on which such loan, was granted, it shall be lawful for the State Government, bank of Co
(1) No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under section 73-A or section 73AA or section 73AB required to be settled, decided or dealt with by the Collector nor shall the civil court have jurisdiction to entertain any suit or application for grant of injunction (whether temporary or permanent) in relation to such question.
(2) No order of the Collector made under section 73-A or section 73AA or section 73AB shall be called in question in any civil or criminal court.
Explanation--For the purposes of this section, a civil court shall include a Mamlatdar's Court under the Mamlatdars Court Act, 1960, (Bom. II of 1906).
(1) Notwithstanding anything contained in the Registration Act, 1908, (16 of 1903).--
(a) no document relating to transfer (not being a mortgage or creation of charge, failing under section 73A.B) of an occupancy of a person belonging to any of the Scheduled Tribes shall be registered on or after the date of the commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980, (Guj. 37 of 1980). (hereinafter in this section referred to as "the said date"), by any registering officer appointed under the Registration Act, 1908 unless the person presenting the document furnishes a declaration by the transferor in the prescribed form which shall be subject to verification in the prescribed manner, that the transfer of occupancy is made with the previous sanction of the Collector under section 73-A or section 73-AA.
(b) a document
1[73B. Payment of primium for sanctioning transfer or partition of occupancy
Where any occupancy, by virtue of any conditions annexed to the tenure by or under this Act, is not transferable or partible without the previous sanction of the State Government, the Collector or any other officer authorised by the State Government, such sanction shall not be given except on payment to the State Government of such sum as the State Government may by general or special order determine.]
______________________
1. Section 73B shall be and shall be deemed always to have been inserted by Guj. 35 of 1965, Section 7.
1 [74 . Relinquishment
The occupant may relinquish his land, that is, resign it in favour of 2 [the 3 [Government] but subject to any rights, tenures, incumbrances or equities lawfully subsisting in favour of any person (other than 2 [the 3 [Government] or the occupant) by giving notice in writing to the Mamlatdar or Mahalkari before the 31st March in any year or before such other date as may from time to be prescribed in this behalf by the 4 [5 [State] Government], and such relinquishment shall have effect from the close of the current year:
Provided that no portion of land which is less in extent than a whole survey number or sub-division of a survey number may be relinquished.
______________________
1. Section 74 was substituted by Section 32 of
[Relinquishment of lands paying lump-assessment.] Repealed by Bom. IV of 1913, Section 33(1).
The provisions of1[the last section] shall apply as ar as may be, to the holders of alienated laud :
Provided that,
(a) it shall not be lawful to relinquish as aforesaid, any portion of any land held wholly or partially exempt under the circumstances described in the first paragraph of section 49 until the commuted assessment payable in respect of such portion of land has been determined under the provisions of the said section ; and that.
Relinquishment of land described in section 51
(b) if any person relinquishes land on which, under the circumstances described in section 51, a larger revenue is levied than would ordinarily be leviable on such land, he shall be deemed to have relinquished also the land held with it which is wholly or partially ex
If any person relinquishes land, the way to which lies through other land which he retains, the right of way through the land so retained shall continue to the future holder of the land relinquished.
Nothing in1[section 74] shall affect--
2* * * * *
2*the validity of the terms or conditions of any lease or other express instrument under which land is, or may hereafter be, held from3[the4[Government].
______________________
1. These words and figures were substituted for the words and figures "section 75 and 76" by Section 34 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of 1913).
2. Clause (a) and the letter "(b)" were repealed, Section 34 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of 1913).
3. The words "the Crown" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
&nb
[Occupant to continue liable for demands until occupancy relinquished. Repealed by Bom. IV of 1913, Section 35.
1[79A. Summary eviction of person unauthorizedly occupying land
Any person unauthorizedly occupying, or wrongfully in possession of, any land--
2[(a) to the use or occupation of which by reason of any of the provisions of this Act he is not entitled or has ceased to be entitled, or]
(b)3[which] is not transferable without previous sanction under section 73A or section 73A A or section 73-AB by virtue of any condition lawfully4[annexed to the tenure] under the provisions of section 62, 67 or 68,
may be summarily evicted by the Collector].
Provided that this section shall not apply in the can where the tribal transferor does not make an application under cause [a] of sub-section [3] of section 73 AA within
In order to prevent the forfeiture of an occupancy under the provisions of section 56 or of any other law for the time being in force,1[through non-payment of the land revenue due on account thereof by the person primarily liable for payment of it, shall be lawful for any person interested to pay on behalf of such person] all sums due on account of land revenue and2[the Collector shall on due tender thereof] receive the same. And in any such case the Collector may3[under section 86] give to the person who has paid the land revenue as aforesaid4[aid for the recovery of any portion of such land revenue] which he may consider to be properly payable by other persons5***
Collector may assist such persons in recovering the revenue from other parties liable therefore; Proviso
Provided that nothing authorized or done under the provisions of this
[When Collector may make co-occupant the registered occupant, instead of selling occupancy to realize land, revenue.] Repealed by Bom. IV. of 1913, Section 38.
82. Provincial 1 [State] Government empowered to suspend operation of section 60 or 74
It shall be lawful for the 2 [1 [State] Government] by notification in the 3 [Official Gazette] from time to time.
(a) to suspend the operation of section 60 or 74 or of both, within any prescribed local area, either generally, or in respect of cultivators or occupant of a particular class or classes , and
(b) to cancel any such notification.
During the period for which any notification under the above clause (a) is in force within any local area, such rules shall be substituted for the provisions of which the operation is suspended as the 4 [State Government] shall from time to time direct.
______________________
&n
A person placed, as tenant, in possession of land by another, or in that capacity, holding, taking, or retaining possession of land permissively from or by sufference of another shall be regarded as holding the same at the rent or for the services agreed upon between them ; or in the absence of satisfactory evidence of such agreement at the rent payable or services renderable by the usage of the locality, or, if there be no such agreement or usage, shall be presumed to hold at such rent as, having regard to all the circumstances of the case, shall be just and reasonable.
Duration of tenancy
And where by reason of the antiquity of a tenancy, no satisfactory evidence of its commencement is forthcoming, and there is not any such evidence of the period of its intended duration, if any, agreed upon between the landlord and tenant, or those un
An annual tenancy shall in the absence of proof of the contrary be presumed to run from the end of one cultivating season to the end of the next. The cultivating season may be presumed to end on the 31st March.
Three months' notice of termination of tenancy to be given by landlord to tenant or vice versa
An annual tenancy shall1[in the absence of any special agreement in writing to the contrary] require for its termination a notice given in writing by the landlord to the tenant, or by the tenant to the landlord, at least three months before the end of the year of tenancy at the end of which it is intimated that the tenancy is to cease. Such notice may be in the form of Schedule E, or to the like effect.
______________________
1. These words were ins
1[84-IA. Sections 83 and 84 not to apply to certain tenancies
The provisions of sections 83 and 84 shall cease to apply to tenancies to which the provisions of the Bombay Tenancy and Agricultural Lands Act,2[1948, (Bom. LX. VII of 1948). or as the case may be, of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, (Bom. XCIX of 1958). apply.]
______________________
1. Section 84-IA was inserted by Bom. LXVII of 1948, Section 90 read with Bom. 13 of 1956.
2. These figures, words and brackets were substituted for the figures and word "1948 apply" by Guj. 35 of 1965, Section 8.
1 [84-A. Order granting suspensions or remissions to inferior holdeers, Such order not to be questioned in any Court, Consequences following on such order, Crop-share fixed by custom or agreement, Meaning or assessment
(1) Whenever from any cause the payment of the whole or any part of the land revenue payable to 2 [the 3 [State] Government] by a superior holder in respect of any land is suspended or remitted, the Collector, acting under general or special orders of 2 [the 3 [State] Government], may suspend or remit as the case may be, the payment to such superior holder of the rent or land revenue of such land by the inferior holder or holders to an amount which--
(a) in the case of land in respect of which full assessment is payable to 2 [the 3 [State] Government], shall not exceed double the amount of the land revenue of which the pay
1 [85. Recovery of superior holders due
(1) Every superior holder of an alienated village or of an alienated share of a village, in which there are a hereditary patel and a 2 [Village Accountant] shall receive his dues on account of rent or land revenue, from the inferior holders through such patel and accountant.
(2) Where such patel and accountant fail to recover in behalf of such superior holder any sum due and payable to him on account of rent or land revenue, such superior holder shall, with the previous consent of the Collector, be entitled to recover his dues direct from the inferior holders.
(3) Where any such patel or accountant has recovered any sum in behalf of such superior holder and fails to account to him for the same, the Collector, shall, on written application from the superi
Superior holders shall, upon written application to the Collector, be entitled to assistance, by the use of precautionary and other measures, for the recovery of rent or land revenue payable to them by inferior holder or by co-sharers in their holdings under the same rules, except that contained in section 137, and in the same manner as prescribed in Chapter XI 1 *** for the realization of land revenue by 2 [the 3 [State] Government]:
But application made within the revenue year or within the year of tenancy
4 [Provided that such application shall be made before the expiry of the year immediately succeeding the revenue year or the year of the tenancy in which the said rent or land revenue became payable.]
______________________
1. The words "of this
1 [(1)] On application being made under section 86 to the Collector, he shall cause a written notice thereof to be served on the inferior holder or co-sharer fixing a day for inquiry into the case.
1 [(2)] On the day so fixed he shall hold a summary inquiry, and shall pass an order for rendering assistance to the superior holder for the recovery of such amount, if any, of rent or land revenue as appears to him upon the evidence before him to be lawfully due.
Assistance may be refused or granted to a limited extent only
1 [(3)] But, if it appears to the Collector that the question at issue between the parties is of a complicated or difficult nature, he may in his discretion either refuse the assistance asked for, or, if the land to which the dispute relates, has been assessed under the provisio
[Commissioner may by commissions, confer certain powers on holders of alienated lands.] Repealed by Bom. XXIX of 1939, Section 30.
[Form of such commission.] Repealed by "Bom. XXIX of 1939, Section 30.
[Reference must, be made by holder of commission to the Collector in certain cases.] Repealed by Bom,. XXIX of 1939, Section 30.
[When compulsory process shall cease.] Repealed by Bom. XXIX of 1939, Section 30.
[Power under commission to extend to current and previous year's arrears.] Repealed by Bom. XXIX. of 1939, Section 30.
[Holder of commission not to enforce any unusual or excessive demand.] Repealed by Bom. XXIX 1939, Section 30.
[But holder of commission may establish his right to enhanced rent in Civil Court.] Repealed by Bom. XXIX of 1939, Section 30.
1 [94 A. Recovery as revenue demand of dues of certain superior holders for specified period
(1) The superior holder of an alienated village or of an alienated share of a village, in which there are a hereditary patel and a 2 [Village Accountant] and to which a survey settlement has been extended under section 216, may by application in writing to the Assistant or Deputy Collector in charge of the taluka request that the rent or land revenue due to such superior holder may during a period named in the application be recovered as a revenue demand.
(2) The Collector may in his discretion sanction the application for a period not exceeding that named by the applicant, and in such case the-following provisions shall apply :--
(a) Any rent or land revenue that accrues or has accrued due to the supe
95. Revenue survey may be introduced by 1 [State] Government into any part of Presidency, Control of revenue survey
It shall be lawful for the 2 [1 [State] Government ], whenever it may seem expedient, to direct the survey of any land in any part of the 3 [area to which this Act extends], with a view to the settlement of the land revenue, and to the record and preservation of rights connected therewith, or for any other similar purpose and such survey shall be called a revenue survey. Such survey may extend to the lands of any village, town, or city, generally, or to such land only as the 2 [1 [State] Government] may direct; and subject to the orders of the 2 [1 [State] Government] it shall be lawful for the officers conducting any such survey to except from the survey settlement any land to which it may not seem expedient that such settlement should be applied.
&nbs
It shall be lawful for the survey officer deputed to conduct or take part in any such survey, to require by general notice or by summons, the attendance of holders of lands and of all persons interested therein, in person, or by legally constituted agent duly instructed and able to answer all material questions, and the presence of taluka and village officers, who in their several stations and capacities are legally, or by usage, bound to perform service in virtue of their respective offices and to require from them such assistance in the operations of the survey and such service in connection therewith, as may not be inconsistent with the position of the individual so called on.
It shall be lawful for the survey officer to call upon all holders of land and other persons interested therein to assist in the measurement or classification of the lands to which the survey extends by furnishing flag-holders; and in the event of necessity for employing hired labour for this or other similar object, incidental to survey operations, it shall be lawful to assess the cost thereof, with all contingent expenses on the lands surveyed, for collection as a revenue demand.
Except as hereinafter provided, no survey number comprising land used for purposes of agriculture only shall be made of less extent than a minimum to be fixed from time to time for the several classes of land in each district by the Commissioner of Survey, with the sanction of1[the2[State] Government]. A record of the minima so fixed shall be kept in the Mamlatdar's office in each taluka, and shall be open to the inspection of the public at reasonable times.
These provisions shall not apply to survey numbers which have already been made of less extent than the minima so fixed, or which may be so made under the authority of the Commissioner of Survey given either generally or in any particular instance in this behalf; and any survey number separately recognized in the3[land records] shall be deemed to have been authorizedly made whatever be its extent.
&nb
[Provisions applicable to recognised shares of survey numbers.] Repealed by Bom. IV of 1913, Section 44.
[Officer in charge of a survey to fix assessments.] Repealed by Bom. XX of 1939, Section 6.
[The assessment so made may be on land or on means of irrigation, etc.] Repealed by Bom. XX of 1939, Section 6.
[Assessment so made not leviable without (he sanction of Provincial, Government. But may be fixed, with or without modification, by the Provincial Government for a term of years.] Repealed by Bom. XX of 1939, Section 6.
[Introduction of Settlements.] Repealed by Bom. XX of 1939 Section 6.
[Excess assessment not to be levied in the year in which a survey settlement is introduced; nor in the following year if the number is resigned that year.] Repealed by Bom. XX of 1339, Section 6.
The fixing of the assessment under the provisions of 1 [this Act] shall be strictly limited to the assessment of the ordinary land revenue, and shall not operate as a bar to the levy of any cess which it shall be lawful for the 2 [3 [State] Government] to impose under the provisions of any law for the time being in force for purposes of local improvement, such as schools, village, and district roads, bridges, tanks, wells, accommodation or travellers, and the like, or of any rate for the use of water which may be imposed under the provisions of section 55 4 [or of the Bombay Irrigation Act, 1879], (Bom. VII of 1879).
______________________
1. These words wore substituted for the word and figures "section 102" by Bom. 20 of 1939, Section 7.
2. The words "Provincial Government" were substituted
106. 1 [State] Government may direct a fresh survey and revision of assessment
It shall be lawful for the 2 [1 [State] Government] to direct at any time, a fresh 3 *survey or any operation subsidiary thereto: 4 * * 5 [Provided that when a general classification of the soil of any area has been made a second time, or when any original classification 6 [of the soil] of any area has been approved by the 2 [1 [State] [Government] as final], no such classification shall be again made with a view to the revision of the assessment of such area.]
______________________
1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order. 1950.
2. The words "Provincial Government" were substituted for the Word "Governor in Council by the Ad
Legal Comments
Introduction - Gujarat Land Revenue Code, 1879 Section 106 deals with certificate and revision/recovery aspects related to land revenue; the provided sources cover broader GLRC sections and allied Acts, informing mutation, reversion, and revisional jurisdiction. [Source: VALIMOHMAD PIRMOHD SHAIKH VS STATE - 2003 0 Supreme(Guj) 408]
What Section Says - Section 106(3) treats the Registrar’s certificate under Section 106 of the Co-operative Societies Act as final and conclusive for arrears, with revisional power limited to recovery context; this aligns with interpretation that certificates function akin to judgments, guiding recovery rather than broad substantive revisional authority. [Source: VALIMOHMAD PIRMOHD SHAIKH VS STATE - 2003 0 Supreme(Guj) 408]
Essential ingredients - Key elements include: finality of recovery certificate, conclusive arrears, applicability to recovery under GLRC, and restriction on revisional power to cancel recovery except as allowed by statute. [Source: VALIMOHMAD PIRMOHD SHAIKH VS STATE - 2003 0 Supreme(Guj) 408]
Essential ingredients - In mutation/recovery contexts, mutation of entry is a corollary to recovery or sale; the tribunal's role in revising such entries is tied to the underlying order and validity of the recovery/certificate. [Source: VALIMOHMAD PIRMOHD SHAIKH VS STATE - 2003 0 Supreme(Guj) 408]
Scope of Section - Section 106 interacts with Bombay Land Revenue Code and Gujarat adaptations; it contemplates limited revisional action for recovery purposes, not open-ended review of all associated civil or revenue orders. [Source: VALIMOHMAD PIRMOHD SHAIKH VS STATE - 2003 0 Supreme(Guj) 408]
Scope of Section - Several cases indicate that revisional jurisdiction is time-bound in practice (reasonable period) and should not be used to undo settled, long-past transactions without justification; unreasonable delays can render revisional actions unsustainable. [Source: Thakor Taraben W/o Ganeshji Ravaji VS State Of Gujarat - 2022 0 Supreme(Guj) 358], [Source: Vijayrajsinhji Virbhadrasinhji Gohil VS State of Gujarat - 2014 0 Supreme(Guj) 829], [Source: JYOTSANABEN C. PATEL VS STATE OF GUJARAT - 2012 0 Supreme(Guj) 133]
Punishment for Section - No direct punitive provision in 106; penalties for non-compliance or fraud in related provisions may apply, but Section 106 primarily governs recovery and revision mechanics rather than punitive sanctions. [Source: VALIMOHMAD PIRMOHD SHAIKH VS STATE - 2003 0 Supreme(Guj) 408]
Punishment for Section - In related contexts, breaching conditions or entering into irregular mutations may attract separate penalties under GLRC or Tenancy Acts; not a direct consequence of Section 106 itself. [Source: State Of Gujarat VS Rekha Subhash Sagar - 2024 0 Supreme(Guj) 15], [Source: STATE OF GUJARAT VS REKHA SUBHASH SAGAR - 2024 0 Supreme(Guj) 26]
Essential ingredients - Natural justice obligations emerge in related proceedings (e.g., hearing opportunities, due process) and are relevant when Section 106 revisions intersect with mutation/transfer. [Source: Shankarbhai Arjanbhai Maharaj VS State of Gujarat - 2022 0 Supreme(Guj) 1194], [Source: Jayaben VS State of Gujarat - 2015 0 Supreme(Guj) 451]
Essential ingredients - The certificate’s finality under Section 106(3) means the revision machinery primarily facilitates recovery-related correction, not wholesale annulment of title transfers absent the proper statutory path. [Source: VALIMOHMAD PIRMOHD SHAIKH VS STATE - 2003 0 Supreme(Guj) 408]
Scope of Section - In practice, Section 211 revisions under the Bombay Land Revenue Code and related Acts have been constrained by limits of timeliness and relevancy; e.g., decisions emphasize reasonable time bounds for suo motu revision. [Source: Shankarbhai Arjanbhai Maharaj VS State of Gujarat - 2022 0 Supreme(Guj) 1194], [Source: Thakor Taraben W/o Ganeshji Ravaji VS State Of Gujarat - 2022 0 Supreme(Guj) 358], [Source: SAMATBHAI PUNABHAI JHALANDRA VS MAMLATDAR, RAJULA - 2006 0 Supreme(Guj) 790]
Punishment for Section - Not directly applicable; sanctions arise from non-compliance with mutation/recovery orders, but remedies include writs or quashing/re-remand rather than punitive penalties under Section 106 itself. [Source: Patel Revabhai Talsibhai VS State of Gujarat - 2023 0 Supreme(Guj) 923], [Source: STATE OF GUJARAT VS REKHA SUBHASH SAGAR - 2024 0 Supreme(Guj) 26]
Essential ingredients - The interplay with government resolutions and equal applicability to agriculturist status affect eligibility for certain relief/revisions; courts stress considering status and records (agriculturist status, occupancy, etc.). [Source: Patel Revabhai Talsibhai VS State of Gujarat - 2023 0 Supreme(Guj) 923], [Source: Chaital Rashmikant Bhatt VS State of Gujarat - 2017 0 Supreme(Guj) 800]
Scope of Section - Section 106 interacts with mutational processes under Rules (Rule 108, etc.); tribunals’ jurisdiction over revisions under Acts like BLR Code or 1957 Act frames scope. [Source: VALIMOHMAD PIRMOHD SHAIKH VS STATE - 2003 0 Supreme(Guj) 408], [Source: Dhirendra Jivrajbhai Korat VS Deputy Collector - 2018 0 Supreme(Guj) 1169]
Essential ingredients - When a Registrar’s certificate under Section 106 is challenged, courts reiterate that higher authorities can rectify irregularities but cannot simply cancel recovery without proper lawful basis. [Source: VALIMOHMAD PIRMOHD SHAIKH VS STATE - 2003 0 Supreme(Guj) 408]
Essential ingredients - The necessity of reasoned orders is repeatedly highlighted; arbitrary or unexplained orders vitiate validity and justify remand or quashing. [Source: Shankarbhai Arjanbhai Maharaj VS State of Gujarat - 2022 0 Supreme(Guj) 1194], [Source: Thakor Taraben W/o Ganeshji Ravaji VS State Of Gujarat - 2022 0 Supreme(Guj) 358]
Scope of Section - Some judgments note that mutation-related disputes may require reference to Section 73AA (tribals’ occupancy), 65A conversion, and other provisions; Section 106 remains one instrument among many. [Source: BEDIBEN D/O BUDHIYABHAI RATHODW/OAJESHBHAI KALPESHWAR JHA VS DISTRICT COLLECTOR - 2021 0 Supreme(Guj) 1003], [Source: State Of Gujarat VS Rekha Subhash Sagar - 2024 0 Supreme(Guj) 15]
Punishment for Section - Where revenue authorities fail to act timely or inappropriately exercise revisional powers, courts may quash orders and direct compliance; this serves as a corrective remedy rather than punishment. [Source: Thakor Taraben W/o Ganeshji Ravaji VS State Of Gujarat - 2022 0 Supreme(Guj) 358], [Source: Sukhiben Vestimal Soni VS State of Gujarat - 2014 0 Supreme(Guj) 799]
Essential ingredients - In cases involving co-operative societies (Section 106(1)-(3)), the certificate’s finality and its resemblance to civil judgments underscores why revisional powers are constrained. [Source: VALIMOHMAD PIRMOHD SHAIKH VS STATE - 2003 0 Supreme(Guj) 408]
Essential ingredients - The legal framework recognizes that mutational entries and seizure/recovery actions must preserve due process; improper cross-utilization of powers (e.g., Act 1947 breaches during 65 proceedings) has been condemned. [Source: Balwantrai Mehta Harijan Samudaik Kheti Sahkari Mandli Ltd. VS State Of Gujarat - 2023 0 Supreme(Guj) 537], [Source: Kantibhai Mangalbhai Patel VS State Of Gujarat - 2023 0 Supreme(Guj) 166]
Legal comments (summary) - "Finality of certificate" - Section 106(3) treats Registrar’s certificate as final; revisional actions limited to recovery corrections - [VALIMOHMAD PIRMOHD SHAIKH VS STATE - 2003 0 Supreme(Guj) 408]
Legal comments (summary) - "Revisional jurisdiction timing" - Reasonable period for revisional action is required; undue delays render revision illegitimate - [Thakor Taraben W/o Ganeshji Ravaji VS State Of Gujarat - 2022 0 Supreme(Guj) 358]
Legal comments (summary) - "Mutation vs. statutory remedy" - Mutation entries should not be pursued through unrelated statutory channels; refer objections to competent authority per Section 135D and Rules - [Hardik Sunilbhai Agrawal VS Prant Officer, Kadi - 2023 0 Supreme(Guj) 302]
Legal comments (summary) - "Natural justice" - Orders must be reasoned; failure to provide opportunity to be heard violates due process and warrants remand or quashing - [Shankarbhai Arjanbhai Maharaj VS State of Gujarat - 2022 0 Supreme(Guj) 1194]
Legal comments (summary) - "Jurisdictional boundaries" - Exclusive jurisdiction of Revenue Tribunals in certain contexts limits State Government revisional power post-1939 Act; otherwise remand to Tribunal is proper. - [State Of Gujarat VS Rekha Subhash Sagar - 2024 0 Supreme(Guj) 15]
Legal comments (summary) - "Agriculturist status and mutation" - Mutations may be defeated if agriculturist status is misapplied; courts require correct application of status and records in mutation decisions - [Patel Revabhai Talsibhai VS State of Gujarat - 2023 0 Supreme(Guj) 923]
Legal comments (summary) - "NA permission and Section 65/65A interplay" - Deemed permission under Section 65(1) can be triggered; conversion tax computation under Section 67A must follow statutory rates and timelines; orders directing conversion require careful statutory compliance - [STATE OF GUJARAT VS REKHA SUBHASH SAGAR - 2024 0 Supreme(Guj) 26], [State Of Gujarat VS Rekha Subhash Sagar - 2024 0 Supreme(Guj) 15]
Legal comments (summary) - "Cross-utilization of powers" - Revenue officers must not mix powers across Acts (e.g., Act 1947 vs Code 1879) without proper notices; such cross-utilization invalidates orders - [Hurbaiben Ibhrambhai Lakha VS State Of Gujarat - 2023 0 Supreme(Guj) 165]
Legal comments (summary) - "Status quo protection in mutation cases" - Courts have stayed or modified mutation entries to maintain status quo pending final disposal of revision, ensuring no irreparable detriment - [NAVRATNA CORPORATION VS STATE OF GUJARAT - 2023 0 Supreme(Guj) 610]
Legal comments (summary) - "Revisional mechanism for recovery certificates in societies" - Certificates under Sec. 106 are akin to Civil Court judgments; revisional power cannot cancel recovery proceedings except as permitted; mutation follows accordingly - [VALIMOHMAD PIRMOHD SHAIKH VS STATE - 2003 0 Supreme(Guj) 408]
Legal comments (summary) - "Gujarat Town Planning and Urban Development intersections" - Town planning orders interplayed with revenue entries; tribunals must decide NA permissions with jurisdictional clarity; otherwise orders may be quashed - [JYOTSANABEN C. PATEL VS STATE OF GUJARAT - 2012 0 Supreme(Guj) 133], [01300019956]
Legal comments (summary) - "Tribals' occupancy transfer limits" - Section 73AA and related amendments restrict transfer of occupancy; equitable relief discretion limited by delay and laches; case-specific balancing required - [BEDIBEN D/O BUDHIYABHAI RATHODW/OAJESHBHAI KALPESHWAR JHA VS DISTRICT COLLECTOR - 2021 0 Supreme(Guj) 1003]
[Conditions applicable to revisions of assessment.] Repealed by Bom. XX of 1939, Section 6.
It shall be the duty of the survey officer,1[or the Settlement Officer j on the occasion of making or revision a settlement of land revenue, to prepare a register, to be called "the Settlement Register", showing the area and assessment of each survey number,2[with any other particulars that may be prescribed] and other records in accordance with such orders as may from time to time be made on this behalf by3[the4[State] Government].
______________________
1. These words were inserted, Bom. 20 of 1939, Section 9.
2. These words were substituted for the words "together with the name of the registered occupant of such survey number" by Section 48 of the Bombay Land Revenue, (Amendment) Act, 1913 (Bom. 4 of 1913).
3. The words "the Provincial Government
[Officers to correct clerical and, admitted errors in Settlement Register, and inquire into and pass orders on applications for mutation of names.] Repealed by Bom. IV of 1913, Section 49.
[Collector to keep survey-records and frame village-records in accordance therewith; and to register changes, etc.] Repealed by Bom. IV of 1913, Section 49.
111. Revenue management of villages or estates not belonging to the 1 [Government] that may be temporarily under the management of 2 [State] Government
In the event of any alienated village or estate coming under the temporary management of 3 [Government Officers], it shall be lawful for the Collector to let out the lands thereof, at rates determined by means of a survey settlement or at such other fixed rates as he may deem to be reasonable, and 4 [to grant unoccupied lands on lease] and otherwise to conduct the revenue management thereof under the rules for the management of un-alienated lands, so far as such rules may be applicable, and for so long as the said village or estate shall be under the management of 3 [Government Officers]: provided, however, that any written agreements relating to the land, made by the superior holder of such village or estate, shall not be affected
Existing surveysettlements of land revenue made, approved and confirmed under the authority ofthe 1 [2 [State] Government] shall be, and are hereby declared to be, in forcesubject to the. provisions of this Act.
______________________
1.The words"Provincial Government" were substituted for the words "Governorin Council" by the Adaptation of Indian Laws Order in Council.
2. This word wassubstituted for the word "Provincial" by the Adaptation of LawsOrder, 1950.
1[113. Partition
Expenses properly incurred in making partition of estates paying revenue to2[the3[State] Government] shall be recoverable as a revenue demand in such proportions as the Collector may think fit from the sharers at whose request the partition is made, or from the persons interested in. the partition.]
______________________
1. Section 113 was substituted by Section 51 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of 1913).
2. The words "the Provincial Government" were substituted for the Word "Government" by the Adaptation of Indian Laws Order in Council.
3. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
Section 113 of the Gujarat Land Revenue Code, 1879, pertains to the recovery of expenses incurred in the process of partitioning estates that pay revenue to the State. It establishes the legal framework for recovering such expenses as a revenue demand, ensuring that costs associated with partition are borne by the interested parties or sharers.
Section 113 states that expenses properly incurred in making a partition of estates, which involves the payment of revenue to the State, shall be recoverable as a revenue demand. The recovery can be made in such proportions as the Collector deems fit, either from the sharers at whose request the partition was made or from the persons interested in the partition.
The section applies specifically to expenses related to the partition of estates that are subject to revenue payment. It authorizes the Collector to recover costs in a manner that ensures the financial responsibility lies with the parties requesting or interested in the partition, thus facilitating administrative and financial efficiency in land management.
The section primarily deals with the recovery of expenses and does not specify any punitive measures or penalties. Its focus is on administrative recovery rather than criminal or punitive sanctions.
Note: The section focuses on administrative recovery of expenses related to land partition and does not prescribe criminal penalties or punitive measures.
[Partition of certain estates by the Collector on application by co-sharers.] Repealed by Bom. 6 of 1950, Schedule.
[Sub-division of numbers at time of revision of survey.] Repealed by Bom. IV of 1913, Section 53.
1[116. Division of survey numbers into new survey numbers
When any portion of cultivable land is permitted to be used under the provisions of section 65 or 67 for any non-agricultural purpose or when any portion of land is specially assigned under section 38, or when any assessment is altered or levied on any portion of land under sub-section (2) or sub-section (3) of section 48, such portion may, with the sanction of the Collector, be made into a separate number at any time notwithstanding the provisions of section 98.]
______________________
1. Section 116 was substituted by Section 54 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of 1913).
[Bombay Act V of 1862 not affected.] Repeled by Bom. 31 of 1949., Section 9.
The Gujarat Land Revenue Code, 1879, serves as a foundational legal framework governing land revenue in the state of Gujarat. Section 117 specifically addresses the unauthorized removal of materials from government land or land set apart for special purposes, establishing the legal consequences for such actions.
Section 117 prohibits any unauthorized removal of materials from government land or land designated for specific purposes. It emphasizes the protection of public resources and the integrity of land designated for particular uses.
The scope of Section 117 extends to all individuals and entities, including private citizens and organizations, who may attempt to remove materials from designated lands without authorization. It aims to safeguard public interests and maintain the intended use of such lands.
The punishment for violating Section 117 typically involves fines or penalties as prescribed by the relevant authorities. The exact nature of the punishment may vary based on the severity of the offense and the discretion of the enforcement authorities.
Keyword - Definition of Unauthorized Removal - Section 117 defines unauthorized removal as taking materials from designated lands without permission, emphasizing the need for legal authorization. - [Gujarat Land Revenue Code, 1879]
Keyword - Protection of Government Land - The section aims to protect government land from unauthorized exploitation, ensuring that public resources are preserved. - [Gujarat Land Revenue Code, 1879]
Keyword - Special Purpose Lands - It specifically addresses lands set apart for special purposes, highlighting the importance of maintaining their intended use. - [Gujarat Land Revenue Code, 1879]
Keyword - Applicability - The provisions apply to all individuals and entities, reinforcing the principle that no one is above the law regarding land use. - [Gujarat Land Revenue Code, 1879]
Keyword - Intent Requirement - The section requires that the removal be intentional, distinguishing between accidental and deliberate actions. - [Gujarat Land Revenue Code, 1879]
Keyword - Enforcement Authority - The enforcement of Section 117 falls under the jurisdiction of designated revenue officers and local authorities. - [Gujarat Land Revenue Code, 1879]
Keyword - Penalties - Violators may face fines or other penalties, which serve as a deterrent against unauthorized land use. - [Gujarat Land Revenue Code, 1879]
Keyword - Legal Framework - Section 117 is part of a broader legal framework aimed at regulating land revenue and usage in Gujarat. - [Gujarat Land Revenue Code, 1879]
Keyword - Public Interest - The section underscores the importance of protecting public interests in land management and resource allocation. - [Gujarat Land Revenue Code, 1879]
Keyword - Historical Context - Established in 1879, the section reflects historical efforts to manage land revenue and prevent misuse of public lands. - [Gujarat Land Revenue Code, 1879]
Keyword - Compliance - Landowners and users must comply with Section 117 to avoid legal repercussions, emphasizing the need for awareness of land laws. - [Gujarat Land Revenue Code, 1879]
Keyword - Judicial Interpretation - Courts may interpret Section 117 in light of contemporary land use issues, adapting its application to modern contexts. - [Gujarat Land Revenue Code, 1879]
Keyword - Role of Collectors - District Collectors play a crucial role in enforcing Section 117, overseeing land management and revenue collection. - [Gujarat Land Revenue Code, 1879]
Keyword - Community Awareness - There is a need for community awareness regarding the implications of Section 117 to foster responsible land use. - [Gujarat Land Revenue Code, 1879]
Keyword - Legal Recourse - Individuals aggrieved by enforcement actions under Section 117 may seek legal recourse through appropriate channels. - [Gujarat Land Revenue Code, 1879]
Keyword - Amendments - The section may be subject to amendments to address evolving land use challenges and societal needs. - [Gujarat Land Revenue Code, 1879]
Keyword - Inter-agency Coordination - Effective enforcement of Section 117 may require coordination among various government agencies involved in land management. - [Gujarat Land Revenue Code, 1879]
Keyword - Environmental Considerations - The section indirectly supports environmental conservation by preventing unauthorized exploitation of land resources. - [Gujarat Land Revenue Code, 1879]
Keyword - Socio-economic Impact - Unauthorized removal of materials can have significant socio-economic impacts, affecting local communities and economies. - [Gujarat Land Revenue Code, 1879]
Keyword - Future Implications - The enforcement of Section 117 may shape future land use policies and practices in Gujarat. - [Gujarat Land Revenue Code, 1879]
1 [117A. Division of survey numbers into sub-divisions
2 [Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Bom. LXII of 1947).] -
(1) survey numbers may from time to time and at any time be divided into so many sub-divisions as may be required in view of the acquisition of rights in land or for any other reasons ;
(2) the division of survey numbers into sub-divisions and the fixing of the assessment of the sub-divisions shall be carried out and from time to time revised in accordance with rules made by the 3 [4 [State] Government] in this behalf;
Provided that the total amount of the assessment of any survey number or sub-division shall not be enhanced during any term for which such assess
1[117B. Provisions applicable on relinquishment or forfeiture of a sub-division
2[Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Bom. LXII of 1947).] if any sub-division of a survey number is relinquished under section 74 or is forfeited for default in payment of land revenue, the Collector shall offer such subdivision at such price as he may consider it to be worth to the occupants of the other sub divisions of the same survey number in such older as in his discretion he may think fit; in the event of all such occupants refusing the same, it shall be disposed of as the Collector shall deem fit:
Provided that until the said sub-division shall be occupied or until the entire survey number shall be relinquished, whichever event may first occur, the assessment of the said sub-di
In this Chapter, unless there is any thing repugnant in the subject or context-
(1) "Settlement" means the result of the operations conducted in1[a zone] in order to determine the land revenue assessment.
2[(1A) "zone" means a local area comprising a taluka or a group of talukas or portions thereof of one or more districts, which in the opinion of the State Government or an officer authorised by it in this behalf, is contiguous and homogeneous in respect of-
(i) physical configuration,
(ii) climate and rainfall,
(iii) principal crops grown in the area, and
(iv) soil characteristics.]
Term of a settlement
&nb
117D. Government may direct an original or revision settlement of land revenue of lands comprised in a revenue survey1[any lands]
(1) The2[State] Government may at any time direct a settlement, hereinafter referred to as an original settlement, of the land revenue of any land of which a revenue survey has been made under section 953[or not].
(2) The2[State] Government may also direct at any time a fresh settlement, hereinafter referred to as a revision settlement, of the land revenue of such land :
Provided that no enhancement of assessment shall take effect before the expiration of the settlement for the time being in force.
______________________
1. These words were substituted for the words "lands comp
A settlement shall remain in force for a period of 30 years :
Provided that in the case of any particular settlement, the1[State] Government may, for reasons to be recorded, direct that the settlement shall remain in force for any period less than 30 years :
Provided further that, when in the opinion of the1[State] Government a revision settlement is inexpedient, or when the introduction of such settlement has, for any cause, been delayed, the1[State] Government may extend the term of the settlement or the time being in force for such period as it may think fit.
______________________
1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
[Limits of enhancement of assessment.] Deleted by Bom. XXVIII of 1956, Section 6.
(1) The land revenue assessment on all lands in respect of which a settlement has been directed under sub-section (1) or sub-section (2) of section 117D and which are not wholly exempt from the payment of land revenue shall, subject to the limitations contained in 1 [the first proviso to sub-section (1) of] section 52; be determined by dividing the lands to be settled into groups and fixing the standard rates for each group;
2 * * * *
(2) The groups shall ordinarily be formed on a consideration of the following factors :-
(i) physical configuration,
(ii) climate and rainfall,
(iii) prices, and
(iv) yield of principal crops:
&nbs
117H. Increased in1[average yield] value due to improvements at the expense of holders not to be taken into account
If during 30 years immediately preceding the date on which the settlement for the time being in force expires any improvements have been effected in any land by or at the expense of the holder thereof, the increase2[in the average yield of crops] of such land due to the said improvements shall not be taken into account in fixing the revised assessment thereof.
______________________
1. These words were substituted for the word "value", by Bom. 28 of 1956, Section 8 (2).
2. These words were substituted for the words "in the rental value" by Bom. 28 of 1956, Section 8(1).
In making a settlement the Settlement Officer shall proceed as follows :-
(1) He shall hold enquiry in the manner prescribed by rules made under this Act.
(2) He shall divide the lands to be settled into groups.
(3) He shall ascertain in the prescribed manner the1[average yield of crops] of lands for the purposes of the settlement.
(4) He shall then fix standard rates for each class of land in each group on a consideration of2[the relevant factors as provided] in sub-section (2) of section 117G.
(5) He shall submit to the Collector a report, hereinafter called the settlement report, containing his proposals for the settlement.
______________________
&n
(1) After the settlement report has been submitted to the Collector, the Collector shall cause such report to be published in the prescribed manner.
(2) There shall also be published in each village concerned in the regional language of such village a notice stating for each class of land in the village the existing standard rate and the extent of any increase or decrease proposed therein by the Settlement Officer. The notice shall also state that any person may submit to the Collector his objections in writing to the proposals contained in the settlement report within three months from the date of such notice.
After taking into consideration such objections as may have been received by him, the Collector shall forward to the1[State] Government, through such officers as the1[State] Government may direct, the settlement report with his remarks thereon.
______________________
1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order. 1950.
Any person aggrieved by the report published by the Collector under section 117J may within two months from the date of notice under sub-section (2) of section 117J apply to the1[State] Government for reference to the2[Gujarat Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957], (Bom. XXXI of 1958). On such person depositing such amount of costs as may be prescribed, the1[State] Government shall direct the report to be sent to the Revenue Tribunal for enquiry. The Revenue Tribunal after making an enquiry in the manner prescribed shall submit its own opinion on the objections raised and on such other matters as may be referred to it by the1[State] Government. The1[State] Government may make rules for the refund of the whole or any portion of the costs in such cases as it deems fit.
______________________
1. This word
117L.Settlement report to be laid on table of Legislature and copies to be suppliedto the members 1 [thereof], Orders on the Settlement Report
(1) Thesettlement report together with the objections, if any received thereon and theopinion of the Revenue Tribunal on a reference, if any, made to it undersection 117KK shall be laid on the table of 2 * * the 3 [State] Legislature anda copy thereof shall be sent to every member 4 [thereof]. The said report shallbe liable to be discussed by a resolution moved in 2 * * the 3 [State]Legislature at its next following session.
(2) After thetermination of such session the 3 [State] Government may pass such orders as itmay deem fit:
Provided that noincrease in the standard rates proposed in the settlement report shall be madeunless a fresh notice as provide
1[117M. Power of State Government to place surcharge or grant rebate after every ten years
(1) Notwithstanding anything contained in this Chapter, it shall be lawful for the State Government in any year, after the expiry of every ten years from the date on which the settlement was introduced under section. 1170, to enhance or reduce the assessment on lands in any zone, by placing a surcharge, or granting a rebate, on the assessment by reference to the alteration of the prices of the principal crops in such zone.
(2) For the purpose of sub-section (1), the prices of principal crops shall be recorded and published in the Official Gazette.
(3) The surcharge shall be levied or the rebate shall be granted under subsection (1) according to the scale prescribed by rules made in this behalf.]
(1) The1[State] Government may at the time of passing orders under sub-section (2) of section 117L exempt any land, from assessment under this Chapter for any advantage or specified kind of advantage accruing to it from water.
(2) The1[State] Government may at any time during the term of the settlement, after publishing a notice in the village concerned in the regional language of such village and after the expiry of a period of six months from the date of the publication of such notice, withdraw any exemption granted by it under sub-section (1) and direct that such land shall be assessed for such advantage.
______________________
1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order 1950.
After the1[State] Government has passed orders under section 117L and notice of the same has been given in the prescribed manner the settlement shall be deemed to have been introduced and the land revenue according to such settlement shall be levied from such date as the1[State] Government may direct :
Provided that in the year in course of which a survey settlement, whether original or revised, may be introduced under this section, the difference between the old and the new assessment of all lands on which the latter may be in excess of the former shall be remitted and the revised assessment shall be levied only from the next following year :
Provided further that in the year next following that in which any original or revised survey settlement has been introduced any occupant who may be dissatisfied with the increased rate imposed by
Nothing in this Chapter shall be deemed to prevent the Settlement Officer from determining and registering the proper full assessment on lands wholly exempt from the payment of land revenue.
Notwithstanding anything contained, in this Chapter the1[State] Government may direct at the time of passing orders under sub-section (2) of section 117L that any land in respect of which a settlement is made under this Chapter shall be liable to be assessed to additional land revenue during the term of the settlement; for additional advantages accruing to it from water received on account of irrigation works or improvements in existing irrigation works completed after the1[State] Government has directed the settlement under section 117D and not effected by or at the expense of the holder of the land. Such land revenue shall be leviable only when no rate in respect of such additional advantages is levied under the Bombay Irrigation Act, 1879, (Bom. VII of 1879).:
Provided that the1[State] Government shall, before making such direction, publish a notice in this behalf in the village
All settlement of land revenue heretofore made and introduced and in force at the date of the commencement of the Bombay Land Revenue Code (Amendment) Act, 1939, shall be deemed to have been made and introduced in accordance with the provisions of this Chapter and shall, notwithstanding anything contained in section 117E, be deemed to continue to remain in force until the introduction of a revision settlement.]
The boundaries of villages situated in 1 [the 2 [area to which this Act extends]] shall be fixed, and all disputes relating thereto shall be determined by survey officers, or by such other officers as may be nominated by 3 [the 4 [State] Government] for the purpose, who shall be guided by the following rules.
Vilage boundaries may be settled by agreement
Rule 1.-When the patels and other village officers of any two or more adjoining villages and, in the case of an alienated village the holder thereof or his duly constituted agent, shall voluntarily agree to any given line of boundary as the boundary common to their respective villages, the officer determining the boundary shall require the said parties to execute and agreement to that effect, and shall then mark off the boundary in the manner agreed upon. And any village boundary fixed i
If at the time of a survey, the boundary of a field or holding be undisputed, and its correctness be affirmed by the village officers then present, it may be laid down as pointed out by the holder or person in occupation, and, if disputed, or if the said holder or person in occupation be not present, it shall be fixed by the survey officer according to the1[land records] and according to occupation as ascertained from the village officers and the holders of adjoining lands, or on such other evidence or information as the survey officer may be able to procure.
If any dispute arise concerning the boundary of a field or holding which has not been surveyed, or if at any time2[after the completion of a survey] a dispute arise concerning the boundary of any survey number3[or subdivision of a survey number], it shall be determined by the Collector, who shall be guided4[by the land records
If the several parties concerned in a boundary dispute agree to submit the settlement thereof to an arbitration committee, and make application to that effect in writing, the officer whose duty it would otherwise be to determine the boundary shall require the said parties, to nominate a committee of not less than three persons, within a specified time, and if within a period to be fixed by the said officer the committee so nominated or a majority of the members thereof arrive at a decision, such decision, when confined by the said officer, or if the said officer be a survey officer lower in rank than a Superintendent of Survey, by the Superintendent of Survey, shall be final :
When a ward may be remitted for reconsideration
Provided that the said officer, or the Superintendent of Survey shall have power, to remit the award, or any of the
1[(1)] The settlement of a boundary under any of the foregoing provisions of this chapter shall be determinative-
(a) of the proper position of the boundary line or boundary marks, and
(b) of the rights of the landholders on either side of the boundary fixed in respect of the land adjudged to appertain, or not to appertain, to their respective holdings.
2[(2)] Where a boundary has been so fixed, the Collector may at any time summarily evict any landholder who is wrongfully in possession of any land which has been adjudged in the settlement of boundary not to appertain to his holding or to the holding of any person through or under whom he claims.]
______________________
1. Section 121 was numbered as sub-
It shall be lawful for any survey officer, authorised by a Superintendent of Survey or Settlement Officer, to 1 [specify or cause to be constructed, laid out, maintained or repaired] boundary marks of villages of survey numbers 2 [or sub-divisions of survey numbers] whether cultivated or uncultivated, and to assess all charges incurred thereby on the holders or others having an interest therein,
Requisition on landholders to erect or repair boundary marks
Such officer may require land]holders to construct, 3 [lay out, maintain] or repair their boundary-marks, by a notification which shall be posted in the chavdi or other public place in the village, to which the lands under survey belong directing the holders of survey numbers 2 [or sub-divisions] to construct, 3 [ay out, maintain] or repair, within a specified time, the boundary-marks o
Every landholder shall be responsible for the maintenance and good repair of the boundary marks of his holding, and for any charges reasonably incurred on account of the same by the revenue officers in cases of alteration, removal, or disrepair. It shall be the duty of the village officers and servants to prevent the destructions or unauthorised alteration of the village boundary-marks.
When the survey settlement shall have been introduced into a district, the charge of the boundary marks, shall devolve on the Collector and it shall be his duty to take measures for their1[construction laying out], maintenance and repair, and for this purpose the powers conferred on survey officers by section 122 shall vest in him.
______________________
1. These words were inserted by Section 15 of the Bombay Land Revenue Code (Amendment) Act, 1901 (Bom. 6 of 1901).
Any person convicted after a summary inquiry before the Collector or, before a survey officer, Mamlatdar, or Mahalkari, of wilfully erasing, removing or injuring a boundary marks, shall be liable to a fine not exceeding fifty rupees for each mark so erased, removed or injured.
One-half of every fine imposed under this section may be awarded by the officer imposing it to the informer, if any, and the other half shall be chargeable with the cost of restoring the mark.
It shall be lawful for the Collector or for a survey officer, acting under the general or special orders of1[the2[State Government], to determine what lands are included within the site of any village, town, or city, and to fix, and from time to time to vary the limits of the same, respect being had to all subsisting rights of landholders.
______________________
1. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1960.
Act XI of 1852 and Bombay Acts II and VII of 1863 shall be deemed to be applicable, and to have always been applicable, in the territories to which they respectively extend, to all lands within the limits of the site of any town or city in which an inquiry into titles has been made under the provisions of Bombay Act IV of 18681 which have been hitherto ordinarily used for agricultural purposes only; but the provisions of the said Acts shall not be deemed applicable to any other lands within the limits of the site of any such town or city.
______________________
1. Bom. 4 of 1868 is repealed by section 2 of this Act, which has been repealed by Section 5 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of 1913).
1 [(1)] The existing exemption from payment of land revenue of lands other than lands which have hitherto been ordinarily used for purposes of agriculture only, situate within the sites of towns and cities in which an inquiry, into titles has been made under the provisions of Bombay Act IV of 18683 shall be continued-
First-if such lands are situated in any town or city where there has been in former years a survey which 2 [the 3 |State] Government] recognize for the purpose of this section, and are shown in the maps or other records of such survey as being held wholly or partially exempt from the payment of land revenue;
Second -if such lands have been held wholly or partially exempt from the payment of land revenue for a period of not less than five years before the application of Bombay Act I of 18654 , or IV of 18685 to such town or
(1) Claims to exemption1[under sub-section. (1) of section 128] shall be determined by the Collector after a summary inquiry, and his decision shall be final.
2[(2) Any suit instituted in a Civil Court to set aside any order passed by the Collector under sub-section (1), in respect of any land situate within the site of a village, town or city, shall be dismissed (although limitation has not been set up as a defence) if it has not been instituted within one year from the date of the order.]
______________________
1. These words, brackets and figures were substituted for the words "under the last preceding section" by Guj. 24 of 1981, Section 3.
2. Sub-section (2) was added by Section 2 of the Bombay Land Revenue Code (Amendment) Act, 1912 (Bom. 11 o
In towns and cities to which1[Sub-section (1) of section 128] applies, the sub-section (1) of holders of any lands other than lands which have hitherto been used for purposes of agriculture only, which have been unauthorizedly occupied for a period commencing less than two years before Bombay Act I of 18652or IV of 18683was applied to the town or city in which the said lands are situate, shall be liable to pay4[a price for the said lands] in addition to the land revenue assessed thereupon. The said5[price] shall be determined according to the provisions of section 62.
______________________
1. These words, brackets and figures were substituted for the word and figures "section 128" by Guj. 24 of 1981, Section 4.
2. Bom. Act 1 of 1865 (except Sub-Section 37 and 38) is repealed by section 2 of t
If' the 1 [2 [State] Government] shall at any time deem it expedient to direct a survey of the lands other than those used ordinarily for the purposes of agriculture only within the site of any village, town, or city under the provisions of section 95, or a fresh survey thereof under the provisions of section 106, such survey shall be conducted, and all its operations shall be regulated, according to the provisions of Chapters VIII and IX of this Act : Provided that nothing contained in section 96, 97, 101,3 * 104, or 118 thereof shall be considered applicable to any such survey in any town or city containing more than two thousand inhabitants.
______________________
1. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
When a survey is extended under the provisions of the last preceding section to the site of any town or city containing more than two thousand inhabitants, each holder of a building site shall be liable to the payment of a survey fee to be assessed by the Collector under such rules as may be proscribed in this behalf from time to time by1[the2[State] Government],3[provided that the said fee shall in no case exceed such amount for each building site or any portion thereof held. separately as the State as the state Government may, Laving regard to the cost ordinarily incured in such survey operations, specify inshore rules
The said survey-fee shall be payable within six months from the date of a public notice to be given in this behalf by the Collector after the completion of the survey of the site of the town or city, or of such part thereof as the notice shall refer to.
&n
Every holder of a building site as aforesaid shall be entitled, after payment of the said survey-fee, to receive from the Collector without extra charge one or more sanads, in the form of Schedule H,1[or to the like effect] specifying by plan and description the extent and conditions of his holding :
Provided that if such holder do not apply for such sanad or sanads at the time of payment of the survey fee or thereafter within six months from the date of the public notice issued by the Collector under the last preceding section, the Collector may require him to pay an additional fee not exceeding one rupee for each sanad.
Every such sanad shall be executed on behalf of the2[Government] by such officer as may from time to time be lawfully empowered to execute the same.
______________________
If any land within the site of any village, town, or city, hitherto ordinarily used for agricultural purposes only, with respect to which a summary settlement has been made between1[the Government] and the holder under the provisions, of any law for the time being in force, be2[used for] any other purposes, it shall be liable to payment of one-eighth or the rate fixed for unalienated land used for similar purposes in the same locality, in addition to the quit-rent payable under the terms of such summary settlement.
______________________
1. The words "the Crown" were substituted for the word "Government" by the Adaptation of Indian Laws Older in Council.
2. These words were substituted for the words "appropriated to "by Section 65 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of 191
[Limitation of certain suits]. Repealed by Bom. XI of 1912, Section 3.
The 1 [2 [State] Government] may, by notification in the 3 [0fficial Gazette], direct that this Chapter, or any specified provision thereof, shall not be force in any specified local area, or with reference to any lands or any class of villages or lauds, or generally.
______________________
1. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincial" by the Adaptation of Lawn Order, 1950.
3. The words "Official Gazette" were substituted for the words " Bombay Government Gazette", by the Adaptation of Indian Laws Order in Council.
(1) A record of rights shall be maintained in every village and such record shall include the following particulars:-
(a) the names of all persons other than tenants who are holders, occupants, owners or mortgagees of the land or assignees of the rent or revenue thereof;
(b) the nature and extent of the respective interests of such persons and the conditions or liabilities (if any) attaching thereto;
(c) the rent or revenue (if any) payable by or to any of such persons;
(d) such other particulars as the 1 [[State] Government] may prescribe by rules made in this behalf;
(2) Provided that the said particulars shall be entered in the record of rights with respect to perpetual tenancies, and also with respect
Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord or tenant of the land, or assignee of the rent or revenue thereof, shall report orally or in writing his acquisition of such right to the village accountant with in three months from the date of such acquisition, and the said village accountant shall at once give a written acknowledgment of the receipt of such report to the person making it:
Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the village accountant:
Provided further that any person acquiring a right by virtue of a registered document shall be exempted from the obligation to rep
(1) The village accountant shall enter in a register of mutations every report made to Mm under section 1350 and shall also make an entry, therein respecting the acquisition of any right of the kind mentioned in 1 [the first paragraph] of section 135C which he has reason to believe to have taken place and of which a report has not been made to him under the said section.
(2) Whenever a village accountant makes an entry in the register of mutations he shall at the same time post up a complete copy of the entry in a conspicuous place in the chavdi, and shall give written intimation to all persons appearing from the record of rights or register of mutations to be interested in the mutation, and to any other person whom ho has reason to believe to be interested therein.
(3) Should any objection to any entry made under sub-section (7) in the
(1) Any person whose rights, interests or liabilities are required to be or have been entered in any record of register, under this Chapter shall be bound, on the requisition of any revenue officer or village accountant engaged in compiling or revising the record of register, to furnish or produce for his inspection, within one month from the date of such requisition all such information or documents needed for the correct compilation or revision there' of as may be within his knowledge or in his possession or power.
(2) A revenue officer or village accountant to whom any information is furnished or before whom any document is produced in accordance with requisition under sub-section (1) shall at once give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature, stating the fact of its produc
Any person neglecting to make the report required by section 135C, or furnish the information or produce the documents required by section 135E within the prescribed period shall be liable, at the discretion of the Collector, to be charged a fee not exceeding twenty-five rupees, which shall be leviable as an arrear of land revenue.
Subject to rules made in this behalf by 1 [2 [State] Government]-
(a) any revenue officer or village accountant may for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this Chapter exercise any of the powers of a survey officer under section 96 and 97, except the powers of assessing the cost of hired labour under section 97, and
(b) any revenue officer of a rank not lower than that of an Assistant or Deputy Collector or of a survey officer may assess the cost of the preparation or revision of such map or plan and call contingent expenses, including the cost of clerical labour and supervision, on the lands to which such maps or plan relate, and such costs shall be recoverable as revenue demand.
______________________
(1) The plantiff or applicant in every suit or application as hereinafter defined relating to land situated in any area to which this Chapter applies shall annex to the plaint or application a certified copy of any entry in the record of rights, register of mutations or register of tenancies relevant to such land.
(2) If the plaintiff or applicant fails so to do for any cause which court or conciliator deems sufficient, he shall produce such certified copy within a reasonable time to be fixed by the Court or conciliator, and if such certified copy is not so annexed or produced the plaint or application shall be rejected, but the rejection thereof shall not of its own force preclude the presentation of a fresh plaint in respect of the same cause of action or of a fresh application in respect of the same subject-matter with a certified copy annexed.
&
Notwithstandinganything in section 87, the Collector shall refuse assistance to any superiorholder under the said section, if his claim to such assistance is not supportedby an entry or entries duly made in the record of rights, register of mutationsor register of tenancies.
An entry in the record of rights, and a certified entry in the register of mutations shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor.
Applications for certified copies of entries in the record of rights, the register of mutations and the register of tenancies may be made to, and such copies may be given by, the village accountant, Mahalkari or Mamlatdar.
(1) No suit shall lie against the 1 [Government or any officer of Government] in respect of a claim to have an entry made in any record or register that is maintained under this Chapter, or to have any such entry omitted or amended, and the provisions of Chapter XIII shall not apply to any decision or order under this Chapter.
Appeal
(2) The correctness of the entries in the record of rights and register of mutations shall be inquired in to and the particulars thereof revised, by such Revenue officers and in such manner and to such extant and subject to such appeal as the 2 [3 [State] Government] may from time to time by rules prescribed in this behalf.
______________________
1. These words were substituted for the words "Crown or any servant of the
1 [136. Liability for land revenue
(1) In the case of unalienated land the occupant and in the case of alienated land the superior holder, shall be primarily liable to 2 [the 3 [State] Government] for the payment of the land revenue, including all arrears of land revenue, due in respect of the land. Joint occupants and joint holders who are primarily liable under this section shall be jointly and severally liable :
4 [Provided that in the case of any land in the possession of a tenant, if such tenant is liable to pay land revenue in respect of such land under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, (Bom. Lxvii of 1948). 5 [or as the case may be, the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958], (Bom. xix of 1958). such tenant shall be primarily liable, for the payment of
137. Claims of1[State] Government to have precedence over all others
The claim of2[the1[State] Government] to any moneys recoverable under the provisions of this Chapter, shall have precedence over any other debt, demand, or claim whatsoever, whether in respect of mortgage, judgement-decree, execution or attachment, or otherwise howsoever, against any kind or the holder thereof.
______________________
1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. The words "the Provincial Government" were substituted for the word "Government" by this Adaptation of Indian Laws Odder in Council.
Section 137 of the Gujarat Land Revenue Code, 1879 (originally Bombay Land Revenue Code, 1879) establishes the precedence of the State Government's claim over other claims for recoverable amounts, particularly in the context of land revenue and related dues. It underscores the statutory priority given to government claims over private debts, judgments, mortgages, and attachments concerning land. This section is pivotal in ensuring that the State's financial interests are protected and prioritized in land-related recoveries.
Section 137 explicitly states that the claim of the State Government to any moneys recoverable under the provisions of the chapter shall have precedence over any other debt, demand, or claim, whether in respect of mortgage, judgment-decree, execution, attachment, or otherwise, against any land or the holder thereof. It effectively makes the State's claim a first charge on land, ensuring its recovery before other private or third-party claims.
Section 137 itself does not prescribe a specific punishment; rather, it provides a legal priority. Non-compliance or neglect to observe this priority can lead to illegal recoveries or invalidation of subsequent claims, which may attract penalties under other provisions of the Code or related laws. Violations could also result in judicial scrutiny, leading to quashing of improper proceedings or orders.
Section 137 of the Gujarat Land Revenue Code, 1879, is a cornerstone provision that affirms the State's paramount right to recover land revenue and related dues. Its clear hierarchy ensures that the State's claim is satisfied first, maintaining fiscal discipline and protecting public revenue interests. Judicial precedents have consistently reinforced its broad scope and legal robustness, making it a vital tool in land revenue administration and recovery processes.
Note: This commentary synthesizes legal principles and judicial interpretations based on the provided sources, especially "BARODA CITY CO-OPERATIVE BANK VS STATE OF GUJARAT," and contextualizes the section within the broader framework of land revenue law and recovery mechanisms.
In all cases the land revenue for the current years of land used for agricultural purposes, if not otherwise discharged shall be recoverable, in preference to all other claims, from the crop of the land subject to the same.
The land revenue shall be leviable on or at any time after the first day of the revenue year for which it is due; but, except when precautionary measures are deemed necessary under the provisions of sections 140 to 144, payment will be required only on the dates to be fixed under the provisions hereinafter contained.
1[140. Removal of crop which has been sold, etc., may be prevented until revenue paid
When the crop of any land or any portion of the same is sold, mortgaged or otherwise disposed of, whether by order of a Civil Court or other public authority or by private agreement, the Collector may prevent its being removed from the land until the demands for the current year in respect of the said land have been paid, whether the date fixed for the payment of the same under the provisions hereinafter contained, has yet arrived or not.
But in no case shall a crop or any portion of the same, which has been sold, mortgaged or otherwise disposed of, be detained on account of more than the demands of the year in which the detention is made.]
______________________
1
It shall be lawful for the Collector in order to secure the payment of the land revenue by enforcement of the lien of1[the2[State] Government] on the crop-
(a) to require that the crop growing on any land liable to the payment of land revenue shall not be reaped until a notice in writing has first been given to himself or to some other officer to be named by him, in this behalf, and such notice has been returned endorsed with an acknowledgement of its receipt;
the removal thereof, or.
(b) to direct that no such crop shall be removed from the land on which it has been reaped, or from any place in which it may have been deposited, without the written permission of himself or of some other officer as aforesaid;
place watchmen over it
&nb
The Collector's orders under either clause (a) or clause (b) of the last preceding section may be issued generally to all the holders of land paying revenue to 1 [2 [State] Government] is in a village or to individual holders merely.
If the order be general, it shall be make known by public proclamation to be made by beat of drum in the village and by affixing a copy of the order in the chavdi or some other public building in the village. If it be to individual holders, a notice thereof shall be served on each holder concerned.
Penalty for disobedience of order
Any person who shall disobey any such order after the same has been so proclaimed, or a notice thereof has been served upon him or, who shall within the meaning of the Indian Penal Code, (XLV of 1860). abet the disobedience of any such
The Collector shall not defer the reaping of the crop, nor prolong its deposit unduly, so as to damage the produce; and if within two months after the crop has been deposited the revenue due has not been discharged, he shall either release the crop and proceed to realize the revenue in any other manner authorised by this Chapter or take such portion thereof as he may deem fit, for sale under the provisions of this Chapter applicable to sales of movable property in realization of the revenue due and of all legal costs, and release the rest.
If owing to disputes amongst the sharers, or for other cause, the Collector shall deem that there is reason to apprehend that the land revenue payable in respect of any holding consisting of an entire village or of a share of a village will not be paid as it falls due, he may cause the village or share of a village to be attached and taken under the management of himself or any agent whom he appoints for that purpose.
The provisions of section 160 shall apply to any village or share of a village so attached, and all surplus profits of the land attached, beyond the cost of such attachment and management, including the payments of the land revenue and the cost of the introduction of a revenue survey, if the same be introduced under the provisions of section 111, shall be kept in deposit for the eventual benefit of the persons or persons entitled to the same, or paid to the said perso
The precautionary measures authorised by the last five sections shall be relinquished if the person primarily responsible for the payment of revenue or any person who would be responsible for the game if default were made by the person primarily responsible shall pay the costs, if any, lawfully incurred by the Collector upto the time to such relinquishment, and shall furnish security satisfactory to the Collector for the payment, of the revenue, at the time at which or in the instalments, if may, in which, it is payable under the provisions hereinafter contained.
146.1[State] Government to determine the dates, etc., on which land revenue shall be payable
Land revenue, except when it is recovered under the provisions of the foregoing sections 140 to 144, shall be payable at such times, in such instalments, to such persons and at such place as may from time to time be determined by the orders of2[the1[State] Government].
______________________
1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order In Council.
Any sum not so paid becomes thereupon an arrear of land revenue, and the persons responsible for it, whether under the provisions of section 136 or of any other section, become defaulters.
1 [148.Liabilities incurred by default
If any instalments of land revenue be notfully paid within the proscribed time, it shall be lawful for the Collector toimpose as a penalty, or as interest such charge on such instalments and on thearrears, if any of former years, as may be authorized according to a scale tobe fixed from time to time under the orders of the 2 [3 [State] Government], andfurther to proceed to levy at once the entire balance of land revenue due bythe defaulter for the current year :
Provided that no suchcharge shall be imposed on any instalment, the payment of which has beensuspended by order of 4 [the 3 [State] (Government. in respect of the periodduring which the payment remained suspended.]
______________________
1.Section 143 w
A. statement of account, certified by the Collector or by an Assistant or Deputy Collector, shall, for the purposes of this Chapter, lie conclusive evidence of the existence of the arrear of the amount of land revenue due, and of the person who is the defaulter.
On receipt of such certified statement, it shall be lawful for the Collector of one district to proceed to recover the demands of the Collector of any other district under the provisions of this Chapter as if the demand arose in his own district.
1[ * * * * * * ]
______________________
1. Third Paragraph was omitted by the Gujarat Adaptation of laws (State and Concurrent Subjects) Order, 1960.
An arrear of land revenue may be recovered by the following processes —
(a) by serving a written notice of demand on the defaulter under section 152 ;
(b) by forfeiture of the occupancy or alienate holding in respect of which the arrear is due under section 153 ;
(c) by distrait and sale of the defaulter's movable property under section 154 ;
(d) by sale of the defaulter's immovable property under section 155 ;
(e) by arrest and imprisonment of the defaulter under sections 157 and 158 ;
(f) in the case of alienated holding consisting of entire villages, or shares of villages, by attachment of the, said villages or shares of villages under sections 159 to 163.
Toe, said processes may be employed for the recovery of arrears of former years as well as of the current year, but the preferences given by sections 137 and 138 shall apply only to demands for the current year:
Proviso
Provided that any process commenced in the current year shall be entitled to the said preferences, notwithstanding that it may not be fully executed within that year.
A notice of demand may be issued on or after the day following that on which the arrear accrues.
The1[State Government] may from time to time frame rules for the issue of such notices, and2[* *] shall fix the costs recoverable from the defaulter as an arrear of revenue, and direct by what officer such notices shall be issued.
______________________
1. These words were substituted for the word "Commissioner" by Guj. 15 of 1964, Section 4 Schedule.
2. The words "with the sanction of the State Government" were deleted, Guj. 15 of 1964, Section 4 Schedule.
The Collector may declare the occupancy or alienated holding in respect of which an arrear of land revenue is due, to be forfeited to1[the2[State] Government], and sell or otherwise dispose of the same under the provisions of sections 56 and 57, and credit the proceeds, if any, to the defaulter's accounts:
Proviso
3[Provided that the Collector shall not declare any such occupancy or alienated holding to be forfeited-
(a) unless previously thereto he shall have issued a proclamation and written notices of the intended declaration in the manner prescribed by sections 165 and 166 for sales of immovable property, and
(b) until after the expiration of at least fifteen days from the latest date on which any of the said notices shall have been affixed as r
The Collector may also cause the defaulter's movable property to be distrained and sold.
By whom to be made
Such distraints shall be made by such officers or class of officers as the1[Collector] under the orders of2[the3[State] Government] may from time to time direct.
______________________
1. This word was substituted for the word "Commissioner'' by Bom. 28 of 1960 Schedule.
2. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
3. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
The Collector may also cause? the right, title and interest of the defaulter in any immovable property other than the land on which the arrears is due to be sold.
All such property as is by the Civil Procedure Code, (V of 1908). exempted from attachment or sale in execution of a decree, shall also be exempt from distraint or sale, under either of the last two preceding sections.
The Collector's decision as to what property is so entitled to exemption shall be conclusive.
At any time after an arrear becomes due, the defaulter may be arrested and detained in custody for ten days in the office of the Collector or of a Mamlatdar or Mahalkari, unless the revenue due together with the penalty or interest and the costs of arrest and of notice of demand, if any, have issued and the cost of his subsistance during detention is sooner paid.
Imprisionment in civil jail
If, on the expiry of ten days the amount due by the defaulter is not paid, then, or if the Collector deem fit on any earlier day, he may be sent by the Collector with a warrant, in the form of Schedule C for imprisonment in the civil jail of the district:
Defaulter not to be detained in custody longer than debtors may be detained by civil Court
Provided that no d
1[The State Government may] from time to time, declare by what officers, or class of officers, the powers of arrest conferred by section 157 may be exercised, and also fix the costs of arrest and the amount of subsistence money to be paid by2[the3[State] Government] to any defaulter under detention or imprisonment.
______________________
1. These words were substituted or the words "The Commissioner may be with the sanction of the Provincial Government" by Bom. 28 of 1950, Schedule.
2. The words "The Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
3. This word was substituted the word "Provincial" by the Adaptation of Laws Order, 1950.
If the holding, in respect of which an arrear is due, consists of an entire village, or of a share of a village, and the adoption of any of the other processes before specified is deemed inexpedient, the Collector may with the previous sanction of the1[State Government] cause such village or share of a village to be attached and taken under the management of himself or any agen whom he appoints for that purpose.
______________________
1. These words were substituted for the word "Commissioner" by Guj. 15 Guj. 1964, Section 4 Schedule.
The lands of any village or share of a village so attached shall revert to 1 [the 2 [Government]] unaffected by the acts of the superior holder or of any of the shares, or by any charges or liabilities subsisting against such lands, or against such superior holder or shares as are interested therein, so far as the public revenue is concerned, but without prejudice in other respects to the rights of individuals ;
Powers of Manager
and the Collector or the agent so appointed shall be entitled to manage the lands attached, and to receive all rents and profits accruing therefrom to the exclusion of the superior holder or any of the shares thereof, until the Collector restores the said superior holder to the management thereof.
______________________
1.
All surplus profits of the lands attached, beyond the cost of such attachment and management, including the payment of the current revenue, and the cost of the introduction of a revenue survey, if the same be introduced under the provisions of' section 1111* * * * * shall be applied in defraying the said arrear.
______________________
1. The words "of the Act" were repealed by the Bombay General Clause Act, 1886 (Bom. III of 1886) Schedule B. this Schedule is printed as an Appendix to the Bombay General Clause Act, 1904 (Bom. I of 1904).
The village or share of a village so attached shall be released from attachment, and the management thereof shall be restored to the superior holder on the said superior holder's making an application to the Collector for that purpose at any time within twelve years from the first of August next after the attachment -
if at the time that such application is made it shall appear that the arrear has been liquidated ;
or if the said superior holder shall be willing to pay the balance, if any still due by him, and shall do so within such period as the Collector may prescribe in that behalf.
The Collector shall make over to the superior holder the surplus receipts, if any, which have accrued in the year in which his application for restoration of the village or share of a village is made after defr
If no application be made for the restoration of a village or portion of a village so attached within the said period of twelve years, or if, after such application has been made, the superior holder shall fail to pay the balance, if any, still due by him within the period prescribed by the Collector in this behalf, the said village or portion of a village shall thence forward vest in 1 [the State Government] free from all incumbrances created by the superior holder or any of the shares or any of his or their predecessors-in-title, or in anywise subsisting as against such superior holder or any of the shares, but without prejudice to the rights of the 2 [persons in actual possession of the land].
______________________
1. These words were substituted for the words "the Crown for the purposes of the Province" the Adaptation of Laws Order,
Any defaulter detained in custody, or imprisoned, shall forthwith be set at liberty and the execution of any process shall, at any time, be stayed, on the defaulter's giving before the Collector or other person nominated by him for the purpose, or if the defaulter is in jail, before the officer in charge of such jail, security in the form of Schedule D, satisfactory to the Collector, or to such other person or officer.
or on amount demanded being paid under protest
And any person against whom proceedings are taken under this Chapter may pay the amount claimed under protest to the officer taking such proceedings, and upon such payment the proceedings shall be stayed.
When any sale of either movable or immovable property is ordered under the provisions of this Chapter, the Collector shall issue a proclamation, in the vernacular language of the district, of the intended sale, specifying the time and place of sale, arid in the case of movable property whether the sale is subject to confirmation or not, and, when land paying revenue to1[the2[State] Government], is to be sold, the revenue assessed upon it, together with any other particulars he may think necessary.
Or on amount demanded being paid under protest
Such proclamation shall he made by beat of drum at the head-quarters of the taluka, and in the village in which the immovable property is situate, if the sale be of immovable property; if the sale be of movable property the proclamation shall be made in the village in which such property was seized
A written notice of the intended sale of immovable property, and of the time and place thereof, shall be affixed in each of the following places, viz., the office of the Collector of the district, the office of Mamlatdar or Mahalkari of the taluka or mahal in which the immovable property is situate, the chavdi or some other public building in the village in which it is situate, and the defaulter's dwelling-place.
In the case of movable property, the written notice shall be affixed in the Mamlatdar's or Mahalkari's office, and in the chavdi or some other public building in the village in which such property was seized.
The Collector may also cause notice of any sale, whether of movable or immovable property, to be published in any other manner that he may deem fit.
Sales shall be made by auction by such persons as the Collector may direct.
Time when sale may be made
No such sale shall take place on a Sunday or other general holiday recognised by1[the2[State] Government], nor until after the expiration of at least thirty days in the case of immovable property, or seven days in the case of movable property, from the latest date on which any of the said notices shall have been affixed as required by the last preceding section.
Postponement of sale
The sale may from time to time be postponed for any sufficient reason.
______________________
1. The words "the Provincial Government were substituted for the word "Government" by
Nothing in the last three sections applies to the sale of perishable articles. Such articles shall be sold by auction with the least possible delay, in accordance with such orders as may from time to tune be made by the Collector cither generally or specially in that behalf.
If the defaulter, or any person on his behalf, pay the arrear in respect of which the property is to be sold and all other charges legally due by him at any time before the day fixed for the sale, to the person appointed under section 146 to receive payment of the land revenue due, or to the officer appointed to conduct the sale or if he furnishes security under section 164, the sale shall be stayed.
Sales of perishable articles shall be at once finally concluded by the officer conducting such sales. All other sales of movable property shall be finally concluded by the officer conducting such sales, or shall be subject to confirmation, as may be directed in orders to be made by the Collector either generally or specially in that behalf. In the case of sales made subject to confirmation, the Collector shall direct by whom such sales may be confirmed.
When the sale is finally concluded by the officer conducting the same, the price of every lot shall be paid for at the time of sale, or as soon as after the said officer shall direct, and in default of such payment the property shall forthwith be again put up and sold. On payment of the purchase-money the officer holding the sale shall grant a receipt for the same, and the sale shall become absolute as against all persons whomsoever.
When the sale is subject to confirmation, the party who is declared to be the purchaser shall be required to deposit immediately twenty-five per centum on the amount of his bid, and in default of such deposit the property shall forthwith be again put up and sold. The full amount of purchase money shall be paid by the purchaser before sunset of the day after he is informed of the sale having been confirmed, or, if the said day be a Sunday or other authorized holiday, then before sunset of the first office day after such day. On payment of such full amount of the purchase-money, the purchaser shall be granted, a receipt for the same, and the sale shall become absolute as against all persons whomsoever.
In all cases of sale of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately twenty five per centum on the amount of his bid, and in default of such deposit the property shall forthwith be again put up and sold.
The full amount of purchase-money shall be paid by the purchaser before sunset of the fifteenth day from that on which the sale of the immovable property took place, or if the said fifteenth day be a Sunday or other authorized holiday, then before sunset of the first office day after fifteenth day.
In default of payment within the prescribed period of the full amount of purchase-money, whether of movable or immovable property the deposit, after defraying there out the expenses of the sale, shall be forfeited to1[the2[State] Government], and the property shall be re-sold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold.
______________________
1. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
If the proceeds of the sale, which is eventually made, be loss than the price bid by such defaulting purchaser, the difference shall be recoverable from him by the Collector as an arrear of land revenue.
Every re-sale of property in default of payment of the purchase-money, or after postponement of the first sale, shall, except when such resale takes place forthwith, be made after the issue of a fresh notice in the manner prescribed for original sales.
At any time within thirty days from the date of the sale of immovable property application may be made to the Collector to set aside the sale on the ground of some material irregularity, or mistake, or fraud, in publishing or conducting it ;
But, except as is otherwise provided in the next following section, no sale shall be set aside on the ground of any such irregularity or mistake, unless the applicant proves to the satisfaction of the Collector that he has sustained substantial injury by reason thereof.
If the application be allowed, the Collector shall set aside the sale, and direct a fresh one.
On the expiration of thirty days from the date of the sale, if no such application as is mentioned in the last preceding section has been made, or if such application has been made and rejected, the Collector shall make an order confirming the sale: Provided that, if he shall have reason to think that the sale ought to be set aside notwithstanding that no such application has been made, or on grounds other than those alleged in any application which has been made and rejected, he may, after recording his reasons in writing, set aside the sale.
Whenever the sale, of any property is not confirmed, or is set aside, the purchaser shall be entitled to receive back his deposit or his purchase-money, as the case may be.
After a sale of any occupancy or alienated holding has been confirmed in manner aforesaid, the Collector shall put the person declared to be the purchaser into possession of the land1[* * *]and shall cause his name to be entered in the2[land records] as occupant or holder in lieu of that of the defaulter, and shall grant him a certificate to the effect that he has purchased the3[land] to which the certificate refers.
______________________
1. The words "included in such occupancy or alienated holding" were repealed by Section 71 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom 4 of 1913).
2. These words were substituted for the words "revenue records", Section 71 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom 4 of 1913).
3. This word was
The certificate shall state the name of the person declared at the time of sale to be the actual purchaser; and any suit brought in a Civil Court against the certified purchaser on the ground that the purchase was made on behalf of another person not the certified purchaser, though by agreement the name of the certified purchaser was used, shall be dismissed.
When any sale of movable property under this Chapter has become absolute, and when any sale of immovable property has been confirmed, the proceeds of the sale shall be applied to defraying the expenses of the sale and to the payment of any arrears due by the delimiter at the date of the confirmation of such sale, and recoverable as an arrear of land revenue,
and the surplus (if any) shall be paid to the person, whose property has been sold.
Expenses of sale how calculated
The expenses of the sale shall be estimated at such rates and according to such rules as may from time to time be sanctioned by 1 [* * *] 2 [the 3 [State] Government].
______________________
1. The words "Commissioner under the order of"
The said surplus shall not, except under an order of a Civil Court, be payable to any creditor of the person whose property has been sold.
1[185. Certified purchaser liable only for land-revenue subsequently due
Notwithstanding anything in section 136, the person named in the certificate of title as purchaser shall not be liable for land-revenue due in respect of the land for any period previous to the date of the sale.]
______________________
1. Section 185 was substituted by Section 72 of the Bombay Land .Revenue (Amendment) Act., 1913 (Bom. 4 of 1913).
If any claim shall be set up by a third person to movable property attached under the provisions of this Chapter, the Collector shall admit or reject his claim on a summary inquiry held after reasonable notice. If the claim be admitted wholly or partly, the property shall be dealt with accordingly. Except in so far as it is admitted, the properly shall be sold and the title of the purchaser shall be good for all purposes, and the proceeds shall be disposable as hereinbefore directed.
1 [All sums due on account of land revenue, conversion tax], all quit-rents, nazranas, succession duties, transfer duties and forfeitures, find all cesses, profits from land, emoluments, fees, charges, penalties, fines and costs payable or leviable under this Act or under any Actor Regulation hereby repealed, or under any Act for the time being in force relating to land revenue ;
and all moneys due by any contractor for the farm of customs -duties, or of any other duty, or tax, or of any other item of revenue whatsoever, and all specific pecuniary penalties to which any such contractor renders himself liable under the terms of his agreement ;
and also all sums declared by this or by any other Act or Regulation at the time being in force 2 [or by any contract with the 3 [Government] to be leviable as an assessment, or as a revenue demand,
In all official acts and proceedings a revenue officer shall, in the absence of any express provisions of law to the contrary, be subject as to the place, time and manner of performing his duties to the direction and control of the officer to whom he is subordinate.
Every revenue officer not lower in rank than a Mamlatdar's first karkun, or an Assistant Superintendent of Survey, in their respective departments, shall have power to summon any person whose attendance he considers, necessary either to be examined us a party or to give evidence as a witness, or to produce documents for the purposes of any inquiry which such officer is legally, empowered to make. A summons to produce documents may be for the production of certain specified documents, or for the production of all documents of a certain description in the possession of the person summoned.
All persons so summoned shall be bound to attend, either in person or by an authorised agent, as such officer may direct :
Provided that exemptions under 1 [sections 132 and 133 of the Code of Civil Procedure, 1908], (V of 1908). shall be applicable to r
Every summons shall be in writing, in duplicate, and shall state the purpose for which it is issued, and shall be signed by the officer issuing it, and if he have a seal shall also boar his seal;
How to be served
and shall be served by tendering or delivering a copy of it to the person summoned or, if he cannot be found, by affixing a copy of it to some conspicuous part of his usual residence.
Service in district other than that of issuer
If his usual residence be in another district, the summons may be sent by post to the Collector of that district, who shall cause it to be served in accordance with the preceding clause of this section.
Every notice either this Act, unless it is otherwise expressly provided, shall he served either by tendering or delivering a copy thereof to the person on whom it in to be served or to his agent, if he have any ;
or by affixing a copy thereof to some conspicuous place on the land, if any, to which such notion refers.
Notice Not Void for error
No such notice shall be deemed void on account of any error in the name or designation of any person referred to therein, unless when such error has produced substantial injustice.
In any formal or summary inquiry if any party desires the attendance of witnesses, he shall follow the procedure prescribed by the1[Code of Civil Procedure, 1908, (V of 1908). for parties applying for summonses for witnesses.]
______________________
1. These words and figures were substituted for the words and figures "Code of Civil Procedure section 160" by Section 75 of the Bombay Land Revenue (Amendment) Act 1913 (Bom. 6 of 1919).
In all formal inquiries the evidence shall be taken down in full, in writing, in. the language in ordinary use in the district, by, or in the presence and hearing and under the personal superintendence and direction of, the officer making the investigation or inquiry, and shall be signed by him.
In cases in which the evidence is not taken down in full in writing by the officer making the inquiry he shall, as the examination of each witness proceeds, make a memorandum of the substance of what such witness deposes; and such memorandum shall be written and signed by such officer with his own hand, and shall form a part of the record.
If such officer is prevented from making a memorandum as above required, he shall record the reason of his inability to do so.
Taking evidence given in English; Tran
Every decision, after a formal inquiry, shall be written by the officer passing the same in his own hand-writing, and shall contain a full statement of the grounds; on which it is passed.
In summary inquiries the presiding officer shall himself, as any such inquiry proceeds, record, a minute of the proceedings in his own hand in English or in the language of the district, embracing the material averments made by the parties interested, the material parts of the evidence, the decision, and the reasons for the same :
Provided that it shall at any time be lawful for such officer to conduct an inquiry directed by this Act to be summary under all, or any, of the rules applicable to a formal enquiry, if he deem fit.
A formal or summary inquiry under this Act shall be deemed to be a "judicial proceeding" within the meaning of sections 193, 219 and 228 of the Indian Penal Code, (XLV of 1860). and the office of any authority holding a formal or summary inquiry shall be deemed a Civil Court for the purposes of such inquiry.
Hearing and decisions. Notice to parties.
Every hearing and decision, whether in a formal or summary inquiry shall be in public, and the parties or their authorised agents shall have due notice to attend.
An inquiry whichthis Act does not require to be either formal or summary, or which any revenueofficer may on any occasion deem to be necessary to make, in the execution ofhis lawful duties, shall be conducted according to such rules applicablethereto, whether general or special, as may have been prescribed by the 1 [2 [State] Government], or an authority superior to the officer conducting suchinquiry, and, except in so far as controlled by such rules, according to thediscretion of the officer in such way as may seem best calculated for theascertainment of all essential facts and the furtherance of the public good.
______________________
1. The words"Provincial Government" were substituted for the words "Governorin Council" by the Adaptation of Indian Laws Order in Council.
2. This word wassubs
In all cases in which a formal or summary inquiry is made, authenticated copies and translations of decisions, orders and the reasons therefor, and of exhibits, shall be furnished to the parties, and original documents used as evidence shall be restored to the persons who produced them, or to persons claiming under them on due application being made for the same, subject to such charges for copying etc., as may, from time to time be authorized by1[the2[State] Government].
______________________
1. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
Whenever it is provided by (his Act that a defaulter, or any other person may be arrested, such arrest shall be made upon a warrant issued by any officer competent to direct such persons' arrest.
It shall be lawful for any revenue officer at any time, and from time to time, to enter, when necessary, for the purposes of measurement, fixing, or inspecting boundaries, classification of soil, or assessment, or for any other purpose connected with the lawful exercise of his office under the provisions of this Act, or of any other law for the time being in force relating to land revenue, any lands or premises, whether belonging to1[the2[Government]] or to private individuals, and whether fully assessed to the land revenue or partially or wholly exempt from the same: Provided always that no building used as a human dwelling shall be entered, unless with the consent of the occupier thereof, without a notice having been served at the said building not less than seven days before such entry; and provided also that in the cases of buildings of all descriptions, due regard shall be paid to the social and religious prejudices of t
201.1 [State] Government to determine the language of a district
The2 [1 [State]Government] may declare what shall, for the purposes of this Act, be deemed tobe the language in ordinary use in any district.
______________________
1. Thesword was substituted for the word "Provincial", by the Adaptation ofLaws Order -1950.
2. The words"Provincial Government" were substituted for the words "Governorin Council" by the Adaptation of Indian Laws Order in Council.
Whenever it is provided by this, or by any other Act for the time being in force, that the Collector may or shall evict any person wrongfully in possession of land, such eviction shall be made in the following manner, viz. :—
by serving a notice on the person or persons in possession requiring them within such time as may appear reasonable after receipt of the said notice to vacate the land, and,
if such notice is not obeyed by removing or deputing a subordinate to remove any person who may refuse to vacate the same, and,
if the officer removing any such person shall be resisted or obstructed by any person, the Collector shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance and obstructi
In the absence ofany express provision of this Act, or of any law for the time being in force tothe contrary, an appeal shall lie from any decision or order passed by arevenue officer under this Act or any other law, for the time being in force, tothat officer's immediate superior, whether such, decision or order may itselfhave been passed on appeal from a subordinate officer's decision or order ornot.
204. Appeal when to lie to the 1 [State] Government
2 [Subject to the provision in the Bombay Revenue Tribunal Act, 1939] an appeal shall lie to the 3 [State] Government] from any decision or order passed. 4 [* *] by a Survey Commissioner, except in the case of any decision or order passed by such officer on appeal from a decision or order itself recorded, in appeal by any officer subordinate to him.
______________________
1. This word was substituted for the word "Provincial", by the Adaptation of Laws Order 1950.
2. This portion was inserted by Bom. 28 of 1950, Schedule.
3. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Co
No appeal shall bebrought after the expiration of sixty days if the decision or order complainedof have been passed by an officer inferior in rank to a Collector or aSuperintendent of Survey in their respective departments; nor after theexpiration of ninety days in any other case.
In computing the aboveperiods, the time required to prepare a copy of the decision or order appealedagainst shall be excluded.
Any appeal under this Chapter may be admitted after the period of imitation prescribed therefor, when the appellant satisfies the officer or the 1 [2 [State] Government] 3 [to whom or to which] he appeals, that he had sufficient cause for not presenting the appeal within such period.
No appeal shall lie against order passed under this section admitting an appeal.
______________________
1. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3. The words "to whom or to which" were substituted for the words "to whom" by the Adaptat
Whenever the last day of any period provided in this Chapter for the presentation of an appeal falls on a Sunday or other holiday recognized by1[the2[State] Government] the day next following the close of the holiday shall be deemed to be such last day.
______________________
1. The words "the Provincial Government" were substituted for the word "Government", the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
Every petition of appeal shall be accompanied by the decision or order appealed against or by an. authenticated copy of the same.
The appellate authority may 1 [for reasons to be recorded in writing] either annul, reverse, modify or confirm the decision or order of the subordinate officer appealed against, or he may direct the subordinate officer to make such further investigation or to take such additional evidence as he may think necessary, or he may himself take such additional evidence:
2 [Provided that it shall not be necessary for the appellate authority to record reasons in writing-
(a) when an appeal is dismissed summarily, or
(b) when the decision or order appealed from is itself a decision or order recorded in appeal, or
(c) when an appeal is made to the 3 [4 [State] Government] under section 204.
______________________
In any case in which an appeal lies, the appellate authority may, pending decision of the appeal, direct the execution of the decision or order of the subordinate officer to be suspended.
211. Power of 1 [State] Government and of certain revenue officers to call for and examine records and proceedings of subordinate officers;
The 2 [1 [State] Government] and any revenue officer, not inferior in rank to 3 [an Assistant or Deputy Collector] or a Superintendent of Survey, in their respective departments, may call for and examine the record of any inquiry or the proceedings of any subordinate revenue officer for the purpose of satisfying 4 [itself or himself, as the case may be,] as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such officer.
The following officer may in the same manner call for and examine the proceedings of any officer subordinate to them in any. matter in which neither a formal nor a summary inquiry has been held, namely, 5 [* * *]a Mamlatdar,
Whenever in thisAct it is declared that a decision or order shall be final, such expressionshall be deemed to mean that no appeal lies from such decision or order.
The1 [2 [State]Government] alone shall be competent to modify, annul or reverse any suchdecision or order under the provisions of the last preceding section.
______________________
1. The words"Provincial Government" were substituted for the Words "Governorin Council" by the Adaptation of Indian Laws Order in Council.
2. This word wassubstituted for the word "Provincial" by the Adaptation of LawsOrder, 1950.
Subject to such rules and the payment of such fees as the 1 [2 [State] Government] may from time to time prescribe in this behalf, all maps and 3 [land records] shall be open to the inspection of the public at reasonable hours, and certified extracts from 4 [the same] or certified copies thereof shall be given to all persons applying for the same.
______________________
1. The words "Provincial Government" were substituted for the Words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3. These words were substituted for the words "survey records and all village accounts and land registers" by s. 77 of the Bombay Land Revenue (Amendme
1 [214. Rules
(1) The 2 [3 [State] Government] may, by notification published in the 4 [Official Gazette], 5 [make, whether prospectively or retrospectively, rules] not inconsistent with the provisions of this Act to carry out the purposes and objects thereof and for the guidance of all persons in matters connected with the enforcement of this Act or in cases not expressly provided for therein.
(2) In particular, and without prejudice to the generality of the fore-going power, such rules may be made-
(a) regulating the appointment of revenue officers and the exercise by them of their powers and duties ;
6 [* * * * *]
(b) regulating the assessment of land to the land revenue and the alteration and revision
The Gujarat Land Revenue Code, 1879, serves as a foundational legal framework for the assessment and collection of land revenue in the state of Gujarat. Section 214 specifically addresses the regulation of land revenue assessments, the appointment of revenue officers, and the procedures for recovery of land revenue.
Section 214 of the Gujarat Land Revenue Code outlines the powers of the state government to regulate the assessment of land for revenue purposes, including the alteration and revision of such assessments. It also provides for the appointment of revenue officers and the exercise of their powers and duties.
The scope of Section 214 extends to:- Establishing rules for the assessment of both agricultural and non-agricultural land.- Allowing for the alteration of assessments based on changes in land use or location.- Enabling the government to classify lands for revenue purposes based on their usage and location.
While Section 214 itself does not explicitly outline punishments, it implies that penalties may be prescribed through rules made under this section for non-compliance with land revenue assessments.
Regulatory Authority - Section 214 grants the state government significant authority to regulate land revenue assessments, ensuring that they can adapt to changing economic conditions and land uses.
Appointment of Revenue Officers - The section provides for the appointment of revenue officers, which is crucial for the effective implementation of land revenue laws.
Assessment Variability - The ability to alter assessments based on land use and location is essential for fair taxation, reflecting the economic realities of different land types. [ "Vijay Mills Company LTD. VS State Of Gujarat"]
Constitutional Compliance - The assessment methods must comply with Article 14 of the Constitution, ensuring equality before the law in land revenue assessments. [ "Vijay Mills Company LTD. VS State Of Gujarat"]
Public Participation - The process of inviting objections to draft rules before finalization promotes transparency and public participation in governance. [ "Vijay Mills Company LTD. VS State Of Gujarat"]
Retrospective Rules - The courts have clarified that Section 214 does not empower the government to frame rules with retrospective effect, ensuring fairness in the application of laws.
Classification of Land - The classification of land based on location and use for revenue purposes is justified, as it reflects the differing economic values of land in urban versus rural settings. [ "Vijay Mills Company LTD. VS State Of Gujarat"]
Revenue Recovery - The section outlines the mechanisms for recovering land revenue, which is vital for maintaining the state's financial health.
Legal Framework - The provisions under Section 214 are part of a broader legal framework that governs land use and revenue, ensuring systematic management of land resources.
Judicial Interpretation - Courts have played a role in interpreting the provisions of Section 214, ensuring that the application of land revenue laws aligns with constitutional principles.
Economic Impact - The assessment rates can significantly impact landowners and the economy, necessitating careful consideration in rule-making. [ "Vijay Mills Company LTD. VS State Of Gujarat"]
Land Use Changes - The section allows for adjustments in assessments based on changes in land use, which is crucial for adapting to urban development and agricultural shifts. [ "Vijay Mills Company LTD. VS State Of Gujarat"]
Penalties for Non-Compliance - While not detailed in the section, the potential for penalties underscores the importance of compliance with land revenue assessments.
Administrative Efficiency - The regulation of revenue officers' powers aims to enhance administrative efficiency in land revenue collection.
Public Awareness - The requirement for public objections to draft rules fosters awareness and engagement among landowners regarding their rights and responsibilities. [ "Vijay Mills Company LTD. VS State Of Gujarat"]
Land Revenue as a Public Resource - The collection of land revenue is a means for the state to fund public services, highlighting the importance of effective assessment and collection mechanisms.
Judicial Review - The provisions of Section 214 are subject to judicial review, ensuring that any rules made under it do not violate fundamental rights.
Adaptability - The section's framework allows for adaptability in land revenue policies, which is essential in a rapidly changing economic landscape. [ "Vijay Mills Company LTD. VS State Of Gujarat"]
Equitable Taxation - The ability to assess land differently based on its use and location promotes equitable taxation, aligning with principles of fairness in taxation. [ "Vijay Mills Company LTD. VS State Of Gujarat"]
1 [215. Penalty for breach of rules
2 [(1)It shall be lawful for the 3 [4 [State] Government], in making any rule under section 214, to prescribe that any person committing a breach of the same shall on conviction by a Magistrate be punished with imprisonment for a term not exceeding one month or with fine not exceeding five hundred rupees, or with both, in addition to any other consequences that would ensue from such breach.]
5 [(2) Nothing in section 214 shall authorise the State Government to make retrospectively a rule proscribing a penalty referred to in sub-section (1).
(b) Notwithstanding the retrospective operation, of any rule made under section 214-, nothing or no action constituting breach of such rule, done or taken by a person before such, rule is so made shall render such persons
1[216. Chapters VIII to X to apply to alienated villages
(1) The provisions of Chapters VIII, VIII-A, IX and X shall be applicable to all alienated villages and alienated shares of villages subject to the following modifications :-
(i) subject to the provisions of any covenant or agreement entered into by the2[State] Government with the holder or holders of any such village or share the costs of any survey directed under section 95 or a fresh survey directed under section 106 and of any settlement carried out under the said Chapters in any such village or share shall be payable by the holder or holders in proportion to their share in the rent or revenue of the village or share;
(ii) if the2[State] Government so directs such costs shall also be payable by any class of persons who, in the opinio
When a survey settlement has been introduced under the provisions of the last section or if any law for the time being in force, into an alienated village, the holders of all lands to which such settlement extends shall have the same rights and be affected by the same responsibilities in respect of the lands in their occupation as1[holders of land in unalienated villages] have, or are affected by, under the provisions of this Act, and all the provisions of this Act, relating to] [holders of land in unalienated villages]2* * * shall be applicable, so far as may be, to them.
______________________
1. These words were substituted for the word "occupants" by Section 80 (a) of the Bombay Land revenue (Amendment) Act, 1913 (Bom. 4 of 1913).
2. The words "and registered occupants" were repealed by Se
Nothing in this Act, which applies in terms to unalienated land or to the holders of unalienated land only, shall be deemed to affect alienated land, or the rights of holders of alienated land or of1[the2[Government]]in respect of any such land, and no presumption shall be deemed to arise either in favour or to the prejudice, of any holder of alienated land from any provision of this Act in terms relating to unalienated land only.
______________________
1. The words "the Crown" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council,
2. This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
1 [218A. Repeal of Bom. V of 1879 as in force in the Kutch area of the State of Gujarat
(1) The Bombay Land Revenue Code, 1879, (Bom. V of 1879). as extended to the Kutch area of the State of Gujarat under section 2 of the Part C States (Laws) Act, 1950 is hereby repealed:
Provided that unless a different intention appears, the repeal shall not in relation to the Kutch are of t State of Gujarat-
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of the Act so repealed or anything duly done or suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; o
Repealed by Bom. IV of 1913, Section 81
[Omitted by the Adaptation of Indian Laws Order in Council]
form of warrant to be issued by the collector under section 25 or 157.
Seal
To
The officer in charge of the civil jail at
whereas A, B, of
19 , was on the day of ordered by to (here
state the substance of the demand made); and whereas the said A, B, has
neglected to comply with the said order, and it has therefore been directed, under the provisions of section of the Bombay Land Revenue Code, that he be imprisoned in the Civil Jail until he obey the said order or until he obtain his discharge under the provisions of section 25 or 28 (or section 157 or 164 as the case may be,) of the said Code; you are hereby require
form of bond to be required under section 28 or 164
whereas I,
have been ordered by
to (here state the nature of the demand)
and whereas I dispute the tight of the said to make the said order, I hereby bind myself to file a suit within fifteen days from the date of this bond in the District Court of to contest the justice of the demand, and do agree that in the event of a decree being passed against me I will fulfil the same and will pay all amounts, including costs and interests that may be due by me, or that if I fail to institute a suit as aforesaid, I will, when require, pay the above mentioned amount of rupees (or will deliver up the above mentioned papers or property, as the case may be), and in the case of my making default therein I hereby
(See section 84)
I—form of NOTICE to be GIVEN by landlord to tenant to quit.
To
A. B.
I do hereby give you notice that I do intend to enter upon, and take possession of, the land (here give the description] which you now hold as tenant under me, and you are therefore required to quit and deliver up possession of the same at the end of this current year, terminating on the of 19
(Signed.) C. D.
Dated this day of 19
II—form op notice to be given by tenant to landlord of his
INTENTION TO QUIT.
To
&n
[Repealed by Bom. IX of 1951, Section 2, First Schedule]
SCHEDULE H1
(See section 133)
form of sanad for building sites.
2[The Ashok Capital Motif]
This3[GOVERNMENT OF GUJARAT]
To
whereas4[the5[State] Government], with a view to the settlement of the land revenue, and the record and preservation of proprietary and other rights connected with the soil, has, under the provisions of the Bombay
Land Revenue Code, directed a survey of the lands within the of and ordered the necessary inquiries connected therewith to be made, this sanad is issued under section 133 of the said Code to the effect that-
There is a certain plot of ground
form of warrant to be issued by the collector under sECTION 202
Seal
To
THE OFFICER IN CHARGE OF THE CIVIL JAIL AT
whereas A. B. of has resisted (or obstructed) C. D. in removing E. F. (or himself that is, the said A. B.) from certain land in the village of in the taluka and whereas it is necessary, in order to prevent the continuance of such obstruction (or resistance) to commit the said A. B. to close custody; You are hereby required under the provisions of section 202 of the Bombay Land Revenue Code to receive the said A. B. into the Jail under your charge and there to keep him in safe custody for days.
Dated this day of 19.
(Signature of Collector.)
1 [SCHEDULE J
[See section 1 (4)]
(Modifications subject to which this Act extends to the Saurashtra area of
the State of Bombay).
2 [* * * *]
2. In section 3,-
(i) in clause (13), the portion beginning with the words "and for the purposes of" and ending with the words "be deemed to be the tenant of such grantor" shall be deleted.
(ii) after clause (27) the following new clause shall be inserted :-
"(28) Any reference to Act XI of 1852, Bombay Revenue Jurisdiction Act, 1876, (X of 1876). Dekkhan Agriculturists' Relief Act, 1879, (XVII of 1879). Transfer of Property Act, 18
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
