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SAURASHTRA GHARKHED, TENANCY SETTLEMENT AND AGRICULTURAL LANDS ORDINANCE, 1949
(1) This Ordinance may be called The Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949.
(2) It extends to the whole of the State of Saurashtra.
(3) It shall come into force on such date as may be specified by Government by a notification in the Official Gazette.*
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* This Ordinance was brought into force on 20th July, 1949 by Legal and Constituent Assembly Department notification No. LD/118 dated 13th July, 1949
In this Ordinance, unless there is anything repugnant in the subject or context ;
(a) "Agency" means the former Western India and Gujarat States Agency;
(b) "agriculture" includes horticulture, raising of crops, fodder or garden produce, dairyfarming, poultry farming, stock breeding and grazing, but does not include cutting of wood only;
(c) "agriculturist" means a person who cultivates the land personally;
(d) "an agreeing Talukdar or Estate-holder" means a Talukdar or Estate-holder who has entered into an agreement with the Government of India to accept Zamindari of his Taluka or Estate and to merge his taluka or estate in the State of Kathiawar known thereafter as the State of Saurashtra;
(e) "Bid land
3-15. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)]
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1 [16-18. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)]]
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1. Sections 16, 17 and 18 were repealed by the Saurashtra Land Reforms Act, 1951 (Act. No. XXV of 1961).
(1) 1 [The] Bombay Land Revenue Code, 1879, as adapted and applied to the State' shall apply to the estates of landholders to which this Ordinance applies.
2 [(2).......................................................
2 [(3)......................................................]
3 [(4)........................................................]
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1. This word was substituted for the words "Subject to the provisions of sub-sections (2) and|(3)" by section 18 of the Saurashtra Estates Acqusition Act, 1952 (Act No. III of 1962).
2. Sub-sections (2) and (3) were omitted, section 18 of the Saurashtra Estates Acqusition Act, 1952 (Act No. III of 19
The Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949, was enacted to address the complexities surrounding land tenure and tenancy rights in the Saurashtra region of Gujarat, India. This ordinance aims to provide a framework for the settlement of disputes between landholders and tenants, ensuring fair treatment and rights for both parties.
Section 19 of the Ordinance deals with modifications to the Bombay Land Revenue Code as adapted for the Saurashtra region. It outlines the procedures and conditions under which certain provisions of the Bombay Land Revenue Code are applicable or modified in the context of the Saurashtra Gharkhed Ordinance.
The scope of Section 19 is primarily focused on ensuring that the provisions of the Bombay Land Revenue Code do not conflict with the rights and privileges established under the Saurashtra Gharkhed Ordinance. It aims to create a harmonious legal framework for land revenue and tenancy issues.
While Section 19 itself does not specify punishments, it is part of a broader legal framework that may include penalties for violations of tenancy rights or land revenue regulations as established in other sections of the Ordinance or related laws.
1 [20 [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)]
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1. Section 20 was repealed, the Saurashtra Land Reforms Act, 1951 (Act Non. XXV of 1951).
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Notwithstanding any law for the time being in force, usage or custom or the terms of contract or grant, when the Government is satisfied that on account of the neglect of a landholder or disputes between hi m or hi s tenants the cultivation of hi s estate has seriously suffered, or when it appears to the Government that it is necessary for1[..................................] ensuring the full and efficient use of the land for agriculture to assume management of any landholder's estate, a notification announcing such intention sh all be published in the Official Gazette and the Collector sh all cause notice of the sub stance of such notification to be given at convenient place in the locality where the estate is situated. Such notification sh all be conclusive.
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1 . The words "the purpose of improving the economic
On the publication of the notification under section 35, the estate in respect of which the notification has been published shall, so long as the management continues, vest in the Government. Such management shall be deemed to commence from the date on which notification is published and the Government shall appoint a manager to be in charge of such estates.
On the publication of the notification under section 35, the following consequences shall ensue:--
(1) All proceedings then pending in any civil court in respect of the debts and liabilities enforceable against the estate shall be stayed: and the operation of all processes, executions and attachments then in force for or in respect of such debts and liabilities shall be suspended.
(2) So long as the management continues no fresh proceedings, processes, executions or attachments shall be instituted in or issued, enforced or executed by any civil court in respect of such debts and liabilities.
(3) So long as the management continues the holder of the estate shall be incompetent:--
(a) to enter any contract involving the estate in pecuniary liability;<
(1) The manager shall, during the management of the estate, have all the powers which the holder thereof might as such have exercised and shall receive and recover all rents and profits due in respect of the property under management.
(2) For the purpose of recovering such rents and profits the manager shall have, in addition to any powers possessed by the Collector under the law for the time being in force for securing and recovering land revenue due to Government.
(1) From the sums received or recovered under section 38, the manager shall pay:
(i) the costs of management including the costs of necessary repairs;
(ii) the Government revenue and all debts and liabilities for the time being due or incurred to the Government in respect of the property under management;
(iii) the rent, if any, due to any superior holder in respect of the said estate;
(iv) such periodical allowances as the Collector may from time to time fix for the maintenance and other expenses of the holder and of such members of his family as the Collector directs;
(v) the cost of such improvements of the said estate as he thinks necessary and as approved by the Collector.
On the publication of the order of management, the manager shall publish in the Official Gazette a notice calling upon all persons having claims against the estate under management to notify the same in writing to such manager within two months from the date of the publication. He shall also cause copies of such notice to be exhibited at such several places as he thinks fit.
(1) Every such claimant shall, along with his claim, present full particulars thereof.
(2) Every document on which the claimant founds his claim, or on which he relies in support there of, shall be delivered, to the manager along with the claim.
(3) If the document be an entry in any book, the claimant shall produce the book to the manager, together with a copy of the entry on which he relies. The manager shall mark the book for the purpose of identification and, after examining and comparing the copy with the original, shall return the book to the claimant.
(4) If any document in possession or under the control of the claimant is not delivered or produced by him before the manager along with the claim, the manager may refuse to receive such document in evidence on claimant's behalf at the inv
Every such claim other than the claim of the Government not informed to the manager within the time and in the manner required by such notice shall, except as provided herein, be deemed for all purposes; and on all occasions, whether during the continuance of the management or afterwards, to have been duly discharged:
Provided that when proof in made to the manager that the claimant was unable to comply with the provisions of section 40, the manager may receive such claim within the further period of two months from the expiration of the original period of two months.
The manager shall inquire into the history and merits of every claim received under the preceding section and shall in accordance with the rules to be made under this Ordinance determine the amount of the debts and liabilities, if any, justly due to the several claimants.
If such amount cannot be paid at once, the manager shall then proceed to rank such debts and liabilities according to the order in which they shall be paid and fix the interest, if any, to be paid thereon, respectively from the date of the final decision thereon to the date of the payment and discharge thereof.
When the total amount of the debts and liabilities including those due and incurred to the Government has been finally determined, the manager shall prepare and submit to the Collector a schedule of such debts and liabilities, and a scheme (hereinafter called the liquidation scheme) showing the mode in which it is proposed to pay and discharge the same, whether from the income of the property under management, or with the aid of funds raised under the powers hereinafter conferred, or partly in one of such ways and partly in the other.
Every liquidation scheme shall further provide for the continuance of the payments to be made by the manager and for the repayment of money, if any, the manager proposes to borrow from. Government under this Ordinance and may provide for the improvement of the estate under management either from the said income or with the aid of the funds raised as aforesaid or partly in one of such ways and partly in the other.
When the Collector sanctions the liquidation scheme, he shall notify the fact of such sanction at such place and in such manner as the Government may from time to time by rule direct; and thereupon:--
(i) all proceedings, processes, execution and attachments stayed or suspended under section 37 shall be for ever barred;
(ii) every debt or liability due or owning to any person which was provable before the manager shall be extinguished, and such person shall be entitled to receive under the liquidation scheme the amount, if any, finally awarded to him under the preceding sections in respect of such debt or liability.
(1) If the estate under management or any part thereof be in the possession of a mortgagee or conditional vendee, the manager at any time after the liquidation scheme has been sanctioned as aforesaid, may, by an order in writing, require such incumbrancer to deliver up possession of the same to him at the end of the then current year.
(2) If such, incumbrancer refuses or neglects to obey such order, the manager may without resorting to a civil court enter upon the property and summarily evict therefrom the said incumbrancer or any other person obstructing or resisting in his behalf.
(3) Nothing in this section shall be held to affect the right of any incumbrancer to receive under the liquidation scheme the amount, if any, awarded to him under this Ordinance.
Subject to the rules made under this Ordinance, the manager, after the liquidation scheme has been sanctioned as aforesaid, shall have power to sell or grant on lease all or any part of the estate under the management:
Provided that the estate or any part thereof shall not be sold or leased for a period exceeding 10 years without the previous permission of the Collector:
Provided further that the Collector shall not give such permission unless he is satisfied that such sale or lease is necessary for the benefit of the estate. The decision of the Collector shall be final.
The manager's receipt for any moneys, rents or profits raised or received by him under this Ordinance shall discharge the person paying the same therefrom or from being concerned to see to the application thereof.
(1) If the holder of the estate dies after the publication of the order of management, the management shall continue and proceed in all respects as if the holder were still living.
(2) Any person succeeding to the whole or any part of the estate under management shall, while such management continues, be subject in respect of such estate to the disabilities imposed under this Ordinance.
(3) No civil court shall, during the continuance of the management, issue any attachment or other process against any portion of the estate under management for or in respect of any debt or liability incurred by any such person either before or after his said succession.
The Government, when it is of opinion that it is not necessary to continue the management of the estate, by order published in the Official Gazette, may direct that the said management shall be terminated. On the termination of the said management the estate shall be delivered into the possession of the holder, or, if he is dead, of any person entitled to the said estate together with any balances which may be due to the credit of the said holder. All acts done of or purporting to be done by the manager during the continuance of the management the estate shall be binding on the holder or on any person to whom the possession of the estate has been delivered.
The manager appointed under this Chapter shall be deemed to be a public servant under section 21 of the Indian Penal Code.
(1) Save as provided in this Ordinance:--
(a) no sale (including sales in execution of a decree of a civil court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift, exchange or lease of any land 1 [where lease is by law allowed] or interest therein, or
(b) no mortgage of any land or interest therein in which the possession of the mortgaged property is delivered to the mortgagee, shall be valid in favour of a person who is not an agriculturist; 2 [or]
3 [(c) no agreement made by an instrument in writing for the sale, gift, exchange, lease or mortgage of any land or interest therein;]
Provided that the Collector or an officer authorised by the Government may grant permission for such sale, gift, exchan
1 [55-57. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)]
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1. These sections were repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951 ).
1 [55-57. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)]
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1. These sections were repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951 ).
1 [55-57. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)]
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1. These sections were repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951 ).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
1 [................................................................]
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1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
(1) The Government may make rules for carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the froegoing provisions, such rules may provide for the following matters:--
(a) factors to be taken into consideration for determining reasonable rent under section 13;
(b) the penalty to be recovered under section 24;
(c) the fees to be paid for the grant of certificate and the form of such certificate under sub-section (3) of section 27;
(d) prescribing forms under section 29;
(e) the manner of determining the reasonable price of land and the period during which the amount of price may be deposited and prescribing t
Delegation of powers
The Government may, subject to such restrictions and Conditions as it may impose, by notification in the Official Gazette, delegate to any of its officers, not below the rank of an Assistant or Deputy Collector, all or any of the powers conferred on it by this Ordinance.
Any person unauthorisedly occupying or wrongfully in possession of any land,
(a) the transfer of which either by the act of parties or by the operation of law is invalid under the provisions of this ordinance,
(b) the management of which has been assumed under the said provisions, or
(c) to the use and occupation of which he is not entitled under the said provisions and the said provisions do not provide for the eviction of such persons,
may be summarily evicted by the Collector.
(1). No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Ordinance required to be settled, decided or dealt with by the mamlatdar or Tribunal, a manager, the Collector or the Saurashtra Revenue Tribunal in appeal or revision or the Government in exercise of their powers of control.
(2) No order of the mamlatdar, the Tribunal, the Collector or the Saurashtra Revenue Tribunal or the Government made under this Ordinance shall be questioned in any civil or criminal court.
Explanation. -- For the purpose of this section, a civil court shall include a Mamlatdar's Court constituted under the Saurashtra Mamlatdars' Court Ordinance, 1948.
In all matters connected with this Ordinance, the Government shall have the same authority and control over the mamlatdars and the Collectors acting under this Ordinance as they have and exercise over them in the general and revenue administration.
No suit or legal proceeding shall lie against any person in respect of a thing which is in good faith done or intended to be done under this Ordinance.
(1) Nothing in the foregoing provisions of this Ordinance shall apply:-
(a) to lands held on lease from the Government, a local authority or a co-operative society;
(b) to lands held on lease for the benefit of an industrial or commercial undertaking ;
1 [(c) * * * * * *
(d) to any area which the Government may, from time to time, by notification in the Official Gazette, specify as being reserved for urban non-agricultural or industrial development.
(2) Notwithstanding anything contained in sub-section (1) the Government may, by notification published in the Official Gazette, direct that any particular land or class of lands in any area shall not be exempt from all or any of the provisions of this Ordinan
(1) The Ordinance specified in 1 [Schedule II] are hereby repealed.
(2) But nothing in this Ordinance or any repeal effected thereby shall, save as expressly provided in this Ordinance, affect or be deemed to affect--
(a) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Ordinance, or
(b) any legal proceedings or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this Ordinance, and any such proceeding shall be continued and disposed of as if this Ordinance was not passed.
(3) Notwithstanding anything contained in sub-section (2), all proceedings for the recovery or restoration of the possession o
1 [SCHEDULE I
Crop Share
I--Name of the crop and extent of share.
1
2
3
Millet
Ground-nut
Wheat
Jowar
Seasamum
&
THE SCHEDULE 1 [II]
Ordinances repealed
(See section 80).
Year
No.
Short title.
1948
XXII
The Saurashtra Protection of Tenants Ordinance1948,
.
1948
XXVI
The Saurashtra Zamindars an d Tenants Settlement
of Rent Disputes Ordinance, 1948.
1948
XXXVI
&nb
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