The Gujarat Agricultural Lands Ceiling Act, 1960

Gujarat Act No. XXVII of 1961

15th June, 1961

An Act to fix a ceiling on holding agricultural land and to provide for the acquisition and disposal of surplus agricultural lands. WHEREAS the Bombay Tenancy and Agricultural Lands Act, 1948 imposes a restriction upon holding agricultural land in excess of certain limits in the Bombay area of the State of Gujarat ; AND WHEREAS it is expedient in the public interest to make a uniform provision for the whole of the State of Gujarat in respect of restrictions upon holding agricultural land in excess of certain limits and it is also expedient for so securing the distribution of agricultural land as best to subserve the common good to provide for the acquisition of surplus agricultural land for the allotment thereof to persons who are in need of lands for agriculture (including co-operative farming societies, landless persons, agricultural labourers and small holders

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1 Short title, extent and commencement

(1) This Act may be called the Gujarat Agricultural Lands Ceiling Act, 1960.

(2) It extends to the whole of the State of Gujarat.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2 Definitions

In this Act, unless the context requires otherwise-

• (1) "agriculture" includes-
  • (a) horticulture,
  • (b) the raising of crops, grass or garden produce.
  • (c) the use by an agriculturist of the land held by him or part thereof for grazing.
  • (d) the use of any land, whether or not an appanage to rice or paddy land, for the purpose of rabmanure,
  • (e) dairy farming,
  • (f) poultry farming.
  • (g) breeding of live-stock, and
  • (h) the cutting of wood :

  Provided that in relation to any period prior to the specified date, "agriculture" shall not include any of the pursuits specified in sub-clauses (d), (e), (f), (g) and (h) and also such other pursuits as may have been prescribed prior to the specified date as pursuits not included in that word;]

• (2) “agricultural labourer". means a person whose principal means of livelihood is manual labour on agricultural land ;
• (3) "agr
  

3 Exempted lands

(1) [Subject to the provisions of sub-sections (1A) to (1D) (both inclusive), the following lands] shall be exempted from the provisions of this Act, that is to say-

• (a) lands belonging to, or held on lease, by Government
• (aa) khar lands and tidal lands as defined in the Gujarat Khar Lands Act, 1963 and any other lands which, being in the opinion of the State Government such as need special efforts for their reclamation for the purpose of bringing them under cultivation, are notified in this behalf by the State Government by a notification in the Official Gazette, held on lease from Government for a period not exceeding twenty years;]
• (b) lands belonging to, or held on lease by, a local authority and lands belonging to, or held on lease by a University established by law in the State of Gujarat or by an institution in the State of Gujarat which is declared to be a University by the Central Government under section 3 of the University Grants Commission
  

4 Delimitation of local areas

There shall be classes of local areas in the State as specified in Schedule I and the local areas falling in each such class shall be as respectively specified in Schedule II.

5 Ceiling areas

(1) Subject to the provisions of sub-sections (2) and (3) in relation to each class of local area as specified in Schedule I, the ceiling area with reference to each class of land shall be as specified in the said schedule against the respective class of local area :

33[Provided that in areas which in the opinion of the State Government are desert or hill areas of drought-prone areas and which are specified by the State Government from time to time, by notification in the Official Gazette, as such areas, the ceiling area with reference to dry crop land shall be such area as is twelve and a half percent more than the ceiling area as specified with reference to dry crop land against the class of local area in which the said areas fall, provided however that such ceiling area shall in no case exceed an area of 21.85 hectares (54 acres), and for the purpose of determining whether any area is a desert or hill area or a drought-prone area, regard shall be had to the soil classifica

6 Ceiling on holding land

(1) Notwithstanding anything contained in any law for the time being in force or in any agreement, usage or decree or order of a Court,with effect, from the appointed day no person shall, subject to the provisions of sub-sections (2), (3), (3A) and (3B) be entitled to hold whether as owner or tenant or partly as owner and partly as tenant land in excess of the ceiling area.

(2) Where an individual, who holds lands, is a member of a family. not being a joint family which consists of the individual and his spouse (or more than one spouse) and their minor sons and minor unmarried daughters, irrespective of whether the family also includes any major son and land is also separately held by such individual's spouse or minor children, then the land held by the individual and the said members of the individual's family excluding major sons, if any shall be grouped together for the purposes of this Act and the provisions of this Act shall apply to the total land so grouped together as

7 Restrictions on transfers of sub-divisions of land and consequences of transfer or sub-division made in contravention thereof

(1) Notwithstanding anything contained in any law for the time being in force, no land shall, after the appointed day, be-

• (a) transferred whether by way of sale (including sale in execution of a decree of a Civil Court or of an award or order of any other competent authority) or by way of gift, exchange, lease or otherwise, or
• (b) sub-divided (including sub-division by a decree or order of a Civil Court or any other competent authority) whether by partition, family arrangement or otherwise.

except with the permission in writing of the Collector.

(2) The Collector may refuse to give such permission if in his opinion the transfer of sub-division of land is likely to defeat the object of this Act.

(3) In computing under the provisions of this Act, the area of surplus land, if any, held by a person, the transfer or sub-division of land made by or on behalf of, such person in contravention of sub-section (1) shall be ignored.

(4)

8 Transfers or partitions made after 15th January, 1959 but before commencement of this Act

(1) Where after 15th day of January, 1959 but before the commencement of this Act, [for after 24th day of January, 1971, but before the specified date], any person has transferred whether by sale, gift, mortgage, with possession, exchange, lease, surrender or otherwise or partitioned any land held by him, — then notwithstanding anything contained in any law for the time being in force such transfer or partition shall, unless it is proved to the contrary, be deemed to have been made in anticipation in order to defeat the object of this Act. *'[Where such transfer or partition was made after 15th day of January, 1959 but before the commencement of this Act or in order to defeat the object of the Amending Act of 1972 where such transfer was made after 24th day of January, 1971 but before the specified date] :

(Provided that where any transfer or partition of land is effected by a document required by law to be registered which is however not registered and such document, purport

9 Consequences of acquisition of land in excess of area permitted under section 6

Where after the appointed day, on account of gift, purchase, assignment, lease, surrender or any other kind of transfer inter vivos or by succession or partition, any land comes into the possession of any person, or any land held by any person ceases to be exempted land and in consequence thereof the total land held by such person exceeds the area which he is entitled to hold under section 6, then-

• (i) if the acquisition of such excess land was otherwise than by succession or partition it shall be invalid and the excess land shall be forfeited to the State Government, and
• (ii) if the acquisition was by succession or partition or the excess was due to the land ceasing to be exempted land the excess land shall be deemed to be surplus land held by such person.

9-A Ceiling area where land converted into another class by Government irrigation

(i) Where in consequence of the conversion after the appointed day of any land into any class of land described in sub-clause (i) or (ii) of clause (6) of section 2, as a result of irrigation from a source constructed by Government, the land held by any person exceeds the ceiling area, or

(ii) where in consequences of the amendments made in any of the provisions of this Act by the Amending Act of 1972, the land held by any person on the specified date exceeds the ceiling area, the land so in excess shall be deemed to be surplus land.]

10 Holders of land to furnish particulars of land to Mamlatdars

(1) Every person-

• (a) holding land (including exempted land, if any) in excess of the ceiling area whether as owner or tenant or partly as owner and partly as tenant on the appointed day,
• (b) who, on or after the appointed day, comes into possession of, or holds, any land (including exempted land, if any and land, if any, held in any other part of India outside this State) in excess of the ceiling area, whether as owner or tenant or partly as owner and partly as tenant, in the circumstances described in section 9,
• (c) whose land is converted into another class of land, thereby causing his holding to exceed the ceiling area, in the circumstances described in clause (i) of section 9A,
• (d) whose land becomes, surplus under the circumstances described in clause (ii) of section 9A,-

shall-

• (i) in the case under clause (a), within a period of ninety days from the appointed day,
• (ii) in the case under clause (b
  

11 Penalty for failure to furnish statement or affidavit etc.

If a person liable to furnish a statement [or affidavit] under section 10 fails, without reasonable cause, to furnish the statement, [or affidavit], or furnishes a statement [or affidavit] containing incorrect particulars, with an intention to suppress the information about surplus land held by him [then he shall be liable to a penalty which shall not be less than one hundred rupees and which may, extend upto five hundred rupees].

12 Surplus land needed for Public purpose and power to acquire it.

All surplus lands shall be deemed to be needed for a public purpose and may be acquired by the State Government in accordance with the provisions of this Act.

13 Tribunal proceed to prepare list of persons holding surplus land.

(1) As soon as may be after the expiry of the period specified in section 10, [for the further period referred to in sub-section (2) of section 16], the Tribunal shall, on the basis of the statements received [under either of those sections] and such other records as may be prescribed proceed to prepare a list of persons holding surplus land.

(2) The Tribunal shall specify in such list—

• (a) the total land held by each person,
• (b) the maximum area of land which such person is entitled to hold,
• (c) the extent of land to be deemed to be surplus land held by such person, and
• (d) such other particulars as may be prescribed.

14 Designated Tribunal to exercise jurisdiction in respect of persons holding land in different areas.

(1) If in the course of preparing a list under section 13 or at any time thereafter, the Tribunal finds in respect of any person that in addition to the land held by him within the area of its jurisdiction he holds other land outside such area, the Tribunal shall refer the case in the prescribed manner,—

• (i) to the Collector, if the other land is situate in the same district,
• (ii) [***],
• (iii) to the State Government, if the other land is situate in another [district].

(2) On receipt of the reference, the Collector, [***] or, as the case may be, the State Government shall—

• (a) call for from each of the Tribunals within whose jurisdiction land is held by such person the details about the land so held, and
• (b) after taking into consideration the extent of land held by the person within the jurisdiction of different Tribunals, designate one of such Tribunals to exercise jurisdiction under this Act in respect of such per
  

15 Computation of surplus land.

The extent of surplus land, if any, held by any person [***] shall be computed on the basis of the total land held by such person [***];

16 Tribunal to hold inquiry in respect of contravention of section 11.

Provided that the total land so held shall include—

• (a) where such person holds in addition to the land held by him individually as owner or tenant, a share in the land held by a joint family, an area of land equivalent to his share in the land which such joint family is entitled to hold under section 6,
• (b) land, if any, transferred or sub-divided by or on behalf of such person in contravention of section-7, and
• (c) land, if any, transferred or partitioned by such person after the 15th day of January, 1959 but before the commencement of this Act [or after 24th January, 1971 but before the specified date], and in respect of which no application for a declaration under section 8 was made or any application made under section 8 has been rejected.

(1) If in preparing a list under section 13, the Tribunal has reason to believe that any person, holding land in excess of ceiling area, has failed to furnish [a statement or affidavit] under secti

17 Mode of determining in certain cases area of surplus land out of total land.

Where the extent of surplus land is specified in the case of any person, and his total land includes the land referred to in clause (b) or (c) of the proviso to section 15, the surplus land shall be allocated on the following basis, that is to say—

18

• (i) if the total land excluding the land referred to in the said clauses is more than or equal to the extent of surplus land specified in his case, then the surplus land shall come out of such total land, and
• (ii) if such total land is less than the extent of such surplus land, then the surplus land shall first come out of the whole of such total land; the remainder shall come out of the land referred to in clause (b) of the proviso to section 15; and the remainder, if any, shall lastly come out of the land referred to in clause (c) of the proviso to section 15.

19 Division of survey numbers or of sub-divisions thereof in determine area of surplus land.

(1) Where in determining the actual area of surplus land, a survey number or a sub-division of a survey number is required to be divided then—

• (a) if the portion of such survey number or sub-division to be included in the surplus land is a fragment, the whole of such survey number or sub-division shall be excluded from the surplus lands,
• (b) if the portion of such survey number or sub-division to be excluded from the surplus land is a fragment, the whole of such survey number or sub-division shall be included in the surplus land,
• (c) if on dividing such survey number or sub-division into two parts, each part is a fragment, the whole of such survey number or sub-division shall be included in the surplus land, and
• (d) in any other case, the survey number or sub-division may be divided.

(2) Where any survey number or sub-division of a survey number is excluded under clause (a) of sub-section (1), the person holding it shall be entit

20 Restoration of surplus land held by tenant to landlord.

(1) Where any person holds the whole or part of the surplus land as tenant then the landlord of such land shall, subject to the provisions of sub-section (2), be entitled to the restoration of the possession of such land.

(2) if the right of the landlord under the relevant tenancy law to terminate the tenancy of such land on the ground that he bona fide requires the land for cultivating personally subsisted on the date of the declaration of such land as surplus land under section 21, than the landlord shall be entitled to the restoration of possession of so much of such land as he would have been entitled to in accordance with the provisions of the relevant tenancy law had the tenancy been terminated on the aforesaid ground.

(3) The tenancy of land restored to the landlord under this section shall stand terminated.

(4) On the restoration of any land to the landlord, the landlord shall hold the land subject to the provisions of the relevant tenancy law in respect

21 Tribunal to make order declaring surplus land etc. and consequence thereof.

(1) As soon as may be after the list is prepared under section 13, the Tribunal shall publish it in the prescribed manner together with a public notice in the prescribed form calling upon all persons affected thereby to submit to the Tribunal their objections or suggestions, if any, within a period of one month from the date of its publication.

(2) As soon as may be after the publication of the list under sub-section (1), the Tribunal shall also serve a notice in the prescribed form on each holder of surplus land included in the list—

• (a) specifying therein the extent of surplus land held by him and the maximum area of land which he is entitled to hold out of the total land held by him [***], and
• (b) calling upon such person—

• (i) to submit within one month from the date of the service of the notice to the Tribunal any objections or suggestions to the particulars given in the notice,
• (ii) to select upto such maximum, area and
  

22 Notice to interested persons.

(1) As soon as may be after an order is made under section 21, the Tribunal shall cause public notice to be given at the village where the surplus land specified in the order is situate, stating that—

• (a) claims for possession of such surplus land or any part thereof under section 19, and
• (b) claims to compensation for all interests in such land, may be made to it.

(2) Such notice shall require the landlord claiming possession under section 19 and in any other case, the owner, tenant, landlord and other persons interested in the land including the holders of encumbrances lawfully subsisting on the land to appear personally or by agent before the tribunal at a time and place therein mentioned (such time not being earlier than fifteen days after the said date) and to state the nature of their respective interests in the land [The depreciated value of permanent structures and wells, if any, under clause (c) of sub-section (1) of section 23] and parti

23 Quantum of compensation.

[(1) [Subject to the provisions of sub-sections (2) and (3), the amount of compensation for the land] vesting in the State Government under section 21 shall be the aggregate of the following amounts, that is to say:-

(A) an amount calculated in accordance with such of the following sub-clauses as may be applicable to the land, namely:-

• (a) if the land is held on lease from Government, an amount equal to twelve times the full assessment thereof : [Provided that in the case of any such land which is held on lease for a period of less than twenty years from the appointed day,

• (i) where the unexpired period of lease does not exceed five years an amount equal to six times the full assessment thereof,
• (ii) where the unexpired period of lease exceeds five years but does not exceed ten years, an amount equal to nine times the full assessment thereof,
• (iii) where the unexpired period of lease exceeds ten years, an amount equal to ten
  

24 Determination of claim for possession under section 19 and of compensation and apportionment thereof.

(1) On the day fixed under section 22 or any other day to which the enquiry may be adjourned the Tribunal shall proceed to inquire into the claims, if any, for possession of land, under section 19, and the amount of compensation for the land in accordance with section 23, the respective interest of the persons claiming the compensation, and the amount of each encumbrance lawfully subsisting on the land on the date of the order made under section 21.

(2) As respects any claim made by a landlord for possession of surplus land under section 19, the Tribunal—

• (i) shall decide whether such landlord is entitled under section 19 to the possession of the whole or part of the surplus land and if so, the extent of such land, and
• (ii) where the landlord is so entitled shall make an order directing the restoration of possession of such land to the landlord.

(3) As respects claims for compensation the Tribunal shall make an award determining—

<

25 Mode of payment of amount of compensation.

(1) The amount of the compensation payable under this Act shall be payable in cash, or in transferable bonds as provided in sub-section (2) or partly in cash and partly in such transferable bonds, according as the State Government may think fit.

(2) Where any amount of compensation is to be paid in transferable bonds, such bonds shall carry interest at the rate of four and half percent per annum from the date of their issue and shall be repayable, during such period not exceeding twenty years from the date of their issue as may be prescribed, by equated annual instalments of principal and interest.

(3) The bonds shall be of such denomination and shall be in such forms as may be prescribed.

26 Inquiry as respect land held in contravention of section 9.

(1) Where the Tribunal suo motu or on an application made to it by any persons has reason to believe that the acquisition of any excess land by any person is invalid under section 9 or any excess land is liable to be deemed as surplus land under that section [or under section 9A], the Tribunal shall issue a notice in the prescribed form to the persons holding the land and other persons known to be interested in the land to show cause within one month from the date of the service of the notice, why the acquisition of such excess land should not be declared to be invalid or, as the case may be, why the excess land should not be declared to be surplus land.

(2) The Tribunal shall thereupon hold an inquiry and after giving the person holding the land and other persons interested in the land an opportunity to be heard decide [whether the land is excess land under section 9 or, as the case may be, under section 9A, and if so,—

• (i) in the case of land under section 9, w
  

27 Acquisition of land needed for the formation of compact block out of lands to be allotted to a co-operative farming society.

(1) If the land to be allotted to a co-operative farming society under section 29 does not form a compact block due to some intervening land being held by a person who is not a member of the society and it appears to the Collector that in the interest of efficient cultivation, the land to be allotted to the society should form a compact block, he may serve a notice on the person and the society calling upon them, if willing, to take steps and admit the person to membership of the society within the period specified in the notice.

(2) If the person is unwilling and the society is willing or the person fails to comply with the notice under sub-section (1), the Collector, with the previous approval of the State Government, may make a declaration that is necessary to acquire the land held by the person for the formation of a compact block of land for the co-operative farming society.

(3) Such declaration shall be published in the Official Gazette and shall state the villag

28 Collector to make award and effect of award.

(1) On the publication of the declaration, the Collector, shall issue notices to the owner of the land and all persons known or believed to be interested in the land stating that claims to compensation for all interest in the land may be made to him within the period specified in the notices.

(2) The Collector shall then make an inquiry and determine the market value of the land in accordance with the provisions of sections 23 and 24 of the Land Acquisition Act, 1894.

(3) After determining the value of the land, the Collector shall, with the previous approval of the State Government, make an award which shall contain—

• (a) the particulars of the land ;
• (b) the compensation which in his opinion should be allowed for the land according to its market value ; and
• (c) the apportionment of the compensation among all persons known or
• (d) believed to be interested.

(4) The apportionment of compensation shall be in accordance

29 Allotment of land vesting in the State Government under this Act.

(1) [ Subject to the provisions of sub-section (1A), land other than grazing land], which vests in the State Government under section 21 or 26 shall be allotted in accordance with the rules made in that behalf under this Act on payment of occupancy price payable therefor in accordance with such rules in the following order of priority :— [***]

• (ii) co-operative farming society, where it is—
• (a) a co-operative joint farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons ;
• (b) a co-operative farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons ;
• (iii) agricultural labourers and landless persons :
• (iv) small holders ] :

Provided that the extent of land to be allotted to a co-operative farming society referred to in clause (ii) together with the land held as owner or te

29A Special provision in respect of efficiently managed compact blocks of land and orchards to ensure efficient cultivation and continuity of production.

Where in respect of any orchards, or in respect of any compact blocks of land which have been so efficiently managed that the breaking of the block is likely to lead to a fall in production, and which vest, after the specified date, in the State Government, under section 21 or 26, the State Government is of the opinion that it is necessary in the interest of maintenance of efficient cultivation and avoidance of any loss of production of agricultural produce to maintain the integrity of such orchards, or as the case may be, of such compact blocks of land and for that purpose to allot such orchards or blocks otherwise than in accordance with the provisions of sub-section (1) of section 29, the State Government may allot such orchards, or as the case may be, such blocks of land in accordance with the rules made in that behalf under this Act, on payment of occupancy price, if any, as may be provided therefor in such rules in the following order of priority, namely :—

• (a) to
  

29B Application of Code to surplus land.

Any surplus land vesting in the State Government under section 21 [or section 26 ] and allotted under this Chapter to any person other than a Department of the State Government shall be subject, on such allotment, to the provisions of the Code. ]

30 Restriction on transfer or sub-division of land allotted under section 29.

(1) Save as otherwise provided in sub-section (2) no land allotted under section 29 shall be—

• (a) transferred whether by way of sale (including sale in execution of a decree of a civil suit or of an award or order of any other competent authority) or by way of gift, mortgage, exchange, lease or otherwise, or
• (b) sub-divided (including sub-division by a decree or order of a Civil Court or any other competent authority ) whether by partition or otherwise, without the previous sanction of the Collector. Such sanction shall not be [given except in such circumstances and on such conditions as hereinafter mentioned, namely :—
• (i) In the case of land allotted to a co-operative society, the membership of which is held wholly or partly by persons belonging to a Scheduled Tribe or Scheduled Caste or of land allotted to a person belonging to a Scheduled Tribe or Scheduled Caste, if the transfer or sub-division thereof is in favour of a co-operative society of the
  

31 Temporary leases of land liable to be allotted under section 29.

(1) If in the case of land vesting in the State Government under this Act, the Mamlatdar consider that the allotment of such land under section 29 is likely to take time and that with a view to preventing the land remaining uncultivated, it is necessary to take such a step, he may lease the land for cultivation to any small holder subject to the following conditions :—

• (i) the lease shall be for a period of one year ;
• (ii) the lessee shall pay rent at the rate fixed by the Mamlatdar subject to the provisions of the relevant tenancy law ;
• (iii) the lessee shall be liable to pay the land revenue and the other cesses payable in respect of the land ;
• (iv) if the lessee fails to vacate the land on the expiry of the term of the lease, he shall be liable to be summarily evicted by the Mamlatdar.

(2) The person holding land on lease under sub-section (1) shall not be deemed to be a tenant within the meaning of the relevant tenancy law.

32 Powers of Mamlatdar, Tribunal and Collector in making inquiries.

The Mamlatdar, the Tribunal and the Collector shall have the same powers in making inquiries under this Act as are vested in Courts in respect of the following matters under the Code of Civil Procedure, 1908, in trying a suit, namely :—

• (a) proof of facts by affidavits ;
• (b) summoning and enforcing the attendance of any person and examining him on oath; and
• (c) compelling the production of documents.

33 Inquiries to be held in accordance with prescribed procedure.

(1) Subject to the provisions of section 32, the Mamlatdar, the Tribunal and the Collector shall in holding inquiries under this Act follow such procedure as may be prescribed save as otherwise provided in this Act.

(2) Every decision of the Mamlatdar, Tribunal and Collector shall be recorded in the form of an order which shall state reasons for such decision.

34 Notices to be served in prescribed manner.

All notices issued under this Act shall save as otherwise provided in this Act be served in the prescribed manner.

35 Appeals against orders except awards.

(1) An appeal against any order of the Mamlatdar or any order other than an award under section 24 made by the Tribunal may be filed to the Collector.

(2) Every petition for an appeal under sub-section (1) shall be accompanied

S.Chapter I PRELIMINARY

S.1 Short title, extent and commencement

(1) This Act may be called the Gujarat Agricultural Lands Ceiling Act, 1960.

(2) It extends to the whole of the State of Gujarat.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.2 Definitions

In this Act, unless the context requires otherwise3[(1) "agriculture" includes-

• (a) horticulture,
• (b) the raising of crops, grass or garden produce.
• (c) the use by an agriculturist of the land held by him or part thereof for grazing.
• (d) the use of any land, whether or not an appanage to rice or paddy land, for the purpose of rabmanure,
• (e) dairy farming, (f) poultry farming.
• (g) breeding of live-stock, and (h) the cutting of wood :

Provided that in relation to any period prior to the specified date, "agriculture" shall not include any of the pursuits specified in sub-clauses (d), (e), (f), (g) and (h) and also such other pursuits as may have been prescribed prior to the specified date as pursuits not included in that word;]

(2) "agricultural labourer" means a person whose principal means of livelihood is manual labour on agricultural land ;

(3) "agriculturist" means a person who cultiv