The Saurashtra Land Reform-1951

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The Saurashtra Land Reforms Act, 1951
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GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

Saurashtra Act No. XXV of 1951

The Saurashtra Land Reforms Act, 1951

(As modified upto the 31st December, 2005)

The Saurashtra Land Reforms Act, 1951
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1951 :Sau. Act XXV]

THE SAURASHTRA LAND REFORMS ACT, 1951.
--------------------
CONTENTS.
PREAMBLE.

SECTIONS.
CHAPTER I.
PRELIMINARY.

1. Short title, extent and commencement.

2. Definitions.

3. Act to over-ride other laws.

CHAPTER II.
LAND REVENUE AND CLASSIFICATION OF GIRASDARS.

4. All Girasdari land liable to payment of land revenue,

5. Classification of Girasdars.

CHAPTER III.
GIRASDARS AND THEIR RELATIONSHIP WITH TENANTS.

6. Persons when deemed to be tenants.

7. Restrictions on rent.

8. Cess, rate, hak, tax or service not leviable.

9. Penalty, refund and compensation.

10. Land revenue payable by Girasdar.

11. Suspension or remission of rent.

12. Termination of tenancy.

13. Relief against termination of tenancy for non-payment.

13A. Termination of tenancy not to take effect in certain cases.

13B. Assistance to Girasdar for recovery of rent.

14. Bar to eviction from dwelling-house.

15. Relief against eviction from dwelling-house in certain cases.

16. Dwelling-house of agricultural labourers.

17. Restoration of possession.

18. Act not to affect rights or privileges of tenant under any other law.

CHAPTER IV.
ALLOTMENT OF LAND TO GIRASDARS FOR PERSONAL CULTIVATION.

19. Application by Girasdars for allotment of land for personal cultivation.

20. Inquiry by Mamlatdar and order of allotment.

21. Allotment of land to Girasdars of A and B class.
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SECTIONS.

22. Principles and method of allotment of land to Girasdars of A and B class.

23. Girasdars to whom land may be allotted.

24. Allotment of land to C class Girasdars.

25. Special provision for allotment to Girasdars of land for personal cultivation
from verayati land.

26. Allotment of land, etc. in Girasdari Majmu village

27. Saving in certain cases.

CHAPTER V.
ACQUISITION OF OCCUPANCY RIGHTS BY TENANTS.

28. Acquisition of occupancy rights by tenants.

29. Inquiry by Mamlatdar.

30. Issue of occupancy certificate to a tenant.

31. Consequences of the issue of occupancy certificate. 32. Occupancy certificate
when to be effective.

32. Payment of compensation.

33. Dwelling houses.

34. Chav or Buta Hak.

35A. Claims of widow-Jivaidars.

36. Girasdar's rights to be deemed to be extinguished.

37. Certain mortgages and charges not enforceable against occupancy holding.

38. Borrowing of tenant from the State Bank.

39. Girasdar to be occupant.

40. Assessment payable by Girasdars on Gharkhed and land allotted under
Chapter IV.

41. Payments to be charged.

CHAPTER V-A.
ACQUISITION OF OCCUPANCY EIGHTS BY SETTLEMENT COMMISSIONER
ON BEHALF OF CERTAIN TENANTS.

41A. Acquisition of occupancy rights by Settlement Commissioner.

41B. Consequences of the issue of the occupancy certificate.

41C. Transfer of occupancy certificate.

41D. Application of certain provisions.

CHAPTER VI.
REHABILITATION GRANT.

42. Rehabilitation grant.

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SECTIONS.

43. Rehabilitation grant not liable to seizure or attachment.

CHAPTER VII.
MISCELLANEOUS.

44. Assessment.

45. Appointment of Settlement Commissioner and Special Officer.

46. Functions of Mamlatdar.

47. Procedure of inquiry.

48. Commencement of proceedings.

49. Procedure.

50. Execution of order for payment of money or for restoring possession.

51. Appeals.

52. Revision.

53. Orders in appeal or revision.

54. Court-fees.

55. Limitation.

56. Inquiries and proceedings to be judicial proceedings.

57. Penalty for making false statements.

58. Obstruction with the rights obtained under this Act.

59. Rules.

60. Delegation of powers.

61. Summary eviction.

62. Bar of jurisdiction.

63. Government's power of control and revision.

64. Indemnity.

65. Repeal.

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.

THE THIRD SCHEDULE.

THE FOURTH SCHEDULE.

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ACT NO. XXV OF 1951.

[THE SAURASHTRA LAND REFORMS ACT, 1951.]1
[23rd July, 1951]
Amended by Saurashtra Act No. I of 1952.
Amended by Saurashtra Act No. XV of 1952.
Amended by Saurashtra Act No. II of 1953.
Amended by Saurashtra Act No. XXXVI of 1953.
Amended by Saurashtra Act No. II of 1954.
Amended by Saurashtra Act No. XI of 1954.
Amended by Saurashtra Act No. XXXV of 1954.
Amended by Saurashtra Act No. XXX of 1955.
Amended by Saurashtra Act No. XLVIII of 1955.
Amended by Saurashtra Act No. XVI of 1956.
Adapted and modified by the Bombay (Saurashtra Area) A daptation of Laws (State and
Concurrent Subjects) Order, 1956.
Amended by Bom. V of 1957.
Adapted and modified by the Gujarat Adaptation of Laws (State and Con current Subjects)
Order, 1960.
Amended by Guj. 15 of 1964.

An Act to provide for certain measures of land reforms in Saurashtra.

WHEREAS for the improvement of land revenue administration and for ultimately putting an
end to the Girasdari system, it is necessary to regulate the relationship between the Girasdars
and their tenants, to enable the la tter to become occupants of the land held by them and to
provide for the payment of compensation to the Girasdars for the extinguishment of their
rights:-

It is hereby enacted as follows :-

CHAPTER I.
PRELIMINARY.

1. (1) This Act may be called the Saurashtra Land Reforms Act, 1951.

(2) It extends to the whole of 2[Saurashtra area of the 3[State of Gujarat]].

(3) It shall come into force on such date as the 4[Government] may, by notification in
the Official Gazette, appoint.

2. In this Act, unless there is anything repugnant in the subject or context:-

(1) "agricultural land" means any land, including wells, which is used for the purpose
of agriculture and includes-

(a) sites of farm buildings appurt enant to land used for agricultural purposes;
and

(b) sites of dwelling houses and wadas occupied by agriculturists, agricultural
labourers or artisans and land appurtenant to such dwelling houses;

(2) "agriculture" includes horticulture and the raising of crops, fodder or garden
produce;

(3) "agriculturist" means a person who cultivates the land personally;

(4) "bhagdar" means a share-holder of a talukdar;

(5) "bhayat" means any person who was recognised as such either by the late
Rajasthani Court, t he late Political Agency or the late Western India States Agency,
or any heir or successor of such person, provided that where the great -grand-father,
grand-father or father is alive, only the great -grand father, grand-father or the father,
as the case ma y be, who is alive shall be deemed to be the bhayat for the purpose of
this Act ;
Short title, extent
and
commencement.
Definitions.
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(6) "bid land" means such land as has been used by the Girasdar for grazing his cattle
or for cutting grass for the use of his cattle;

(7) "cadet" means a brother or a son of a ruler to whom a grant of land was made by
such ruler after the 14th day of August, 1947, and who is allowed to retain such grant
by the Government or any heir or successors of such person ;

(8) "Code" means the Bombay Land Revenue Code, 1879, as adap ted and applied to
the 5[Saurashtra area of the 6[State of Gujarat]] ;

(9) "Collector" includes an officer appointed by the Government to exercise the
powers, and perform the functions of the Collector under this Act ;

(10) "cultivate" means to carry on agricultural operation;

(11) "cultivate personally" or any cognate expression means to cultivate on one's own
account:-

(a) by one's own labour,

(b) by the labour of any member of one's family, or

(c) by servants on wages payable in cash or in kind but not in a share of the
crops or by hired labour, under one's personal supervision or the personal
supervision of any member of one's family.

Explanation. I . -An agriculturist who is a widow or a minor or is subject to
any physical or mental disability or who is in service as a member of the Armed
Forces shall be deemed to cultivate the land personally if it is cultivated by the
servants or by hired labour of such person.

Explanation. II. - In the case of an undivided Hindu family, the land shall be
deemed to have been cultivated personally if it is cultivated by any member of such
family;

(12) "economic holding" in relation to any region specified in column I of the First
Schedule, means a holding of land of an area shown in the corresponding entry in
column 2 thereof ;

(13) "estate" means all land of whatever description or an undivided share thereof
held by a Girasdar and includes uncultivable waste, whether such land is used for the
purposes of agriculture or not ;

(14) "Gharkhed" means any land reserved by or allotted to, a Girasdar before the 20th
May, 1950 for being cultivated personally, and in his personal cultivation :

Provided that where such reservation in respect of any land was made by the
Girasdar after the 1st day of January, 1948, but be fore the 20th May, 1950, and an
application disputing such reservation was made to the competent authority before
the 7[1st May, 1951] and is pending at the commencement of this Act, the said
authority shall decide whether the land shall be Gharkhed:

Provided further that where such reservation was made in respect of any land
by the Girasdar after the 20th May, 1950, or where such reservation having been
made at any time between the 1st January, 1948, and the 20th May, 1950, the land
was let out to another tenant after the 20th May, 1950, a tenant aggrieved in
consequence of such reservation or letting out, as the case may be, may file an
application to the Mamlatdar within 90 days from the commencement of this Act, and
the Mamlatdar shall decide such appl ication in accordance with the provisions of the
Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949,
(Ord. No. XLI of 1949) and if he decides that the tenant was dispossessed from the
land in contravention of the provisions of that Ordinance, or that the tenant is entitled
to restoration of the land, that land shall not be deemed to be Gharkhed.

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Explanation.-For the purposes of this clause, any land reserved by, or allotted
to a Girasdar for being cultivated personally after 1 st January, 1948, shall continue to
be Gharkhed notwithstanding-

(a) that the Girasdar has allowed the land to be cultivated by the tenant
cultivating the same on 1st January, 1948, under the provisions of clause (h)
of section 2 of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural
Lands Ordinance, 1949; or

(b) that at any time after the 1st January, 1948, but before the 20th May,
1950, the land was given to a tenant for being cultivated by him ;

(15) "Girasdar" means any talukdar, bhagdar, bh ayat, cadet or mul -girasia and
includes any person whom the Government may, by notification in the Official
Gazette, declare to be a Girasdar for the purposes of this Act;
8[ * * * *].

(17) "holding" means a parcel or parcels of land or an undivided share thereof, held
by a tenant or an occupant and forming the subject of a separate tenancy or
occupancy holding as the case may be ;

(18) "land" means any agricultural land, bid land or cultivable waste;

(19) "Mamlatdar" includes Mahalkari, and any officer appointed by the Government
for performing all or any of the functions of a Mamlatdar under this Act ;

(20) "Mul-girasia" means any person who was recognised as such either by the late
Rajasthanik Court, the late Political Agency, or the late Western India States Agency,
or any heir or successor of such person, provided that where the great -grand-father,
grand-father or father of any Mul -girasia is alive, only the great -grand-father, grand-
father or father, as the case may be, who is alive shall be deemed to be a Mul-girasia
for the purposes of this Act;

(21) "occupancy rights" means all the rights which an occupant has under this Act or
under the Code in respect of land held by him as an occupant;

(22) "occupant" means a person who is in lawful possessi on of any land held directly
from the 9[Government] and who has all the rights which an occupant has under this
Act, or under the Code, in respect of land held by him as an occupant ;

(23) "person" includes an undivided Hindu family;

(24) "prescribed" means prescribed by rules made under this Act ;

(25) "Schedule" means a Schedule to this Act ;

(26) "Settlement Commissioner" means an officer appointed as such by the
Government under this Act ;
10 [****]

(28) "Talukdar" means a talukdar whose name stood on the Tribute list maintained by
the late Political Agency on the 14th August, 1947, or who owned an estate on
political tenure subject to administrative charges on the 14th August, 1947, and
includes any bhagdar (share -holder) and peta -bhagdar (sub -sharer) or any heir or
successor of such person provided that where the great -grand-father, grand-father or
father of any talukdar is alive, only the great -grand-father, grand-father or the father,
as the case may be, who is alive shall be deemed to be talukda r for the purposes of
this Act ;

(29) "tenancy" means the relationship of Girasdar and tenant in respect of a holding;

(30) "tenant" means an agriculturist who holds land on lease from a Giras - dar or a
person claiming through him, and includes a person who is deemed to be a tenant
under the provisions of this Act ;

(31) "Tribunal" means the Saurashtra Revenue Tribunal ;
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(32) "year" or "revenue year" means the year ending on the 31st day of July;

(33) all words and expressions, used but not defined, in this Act and defined in the
Code shall have the meanings assigned to them in the Code.

3. Save as otherwise expressly provided in this Act, the provisions of this Act and of the rules
and orders made thereunder shall have eff ect, notwithstan ding anything inconsistent
therewith contained in any other law for the time being in force or any instrument having
effect by virtue of any such law or any usage, agreement, settlement, grant, sanad or any
decree or order of any court or other authority,

CHAPTER II.
LAND REVENUE AND CLASSIFICATION OF GIRASDARS.

4. It is hereby declared that all land of whatever description held by a Girasdar is and shall
continue to be liable to the payment of land revenue to the 11[ 12[ State of Gujarat.] ].

5. (1) For the purposes of making allotment of land under Chapter IV, or of payment of
rehabilitation grant under Chapter VI, or of assessment of land revenue payable under
section 40, Girasdars may, subject to the provisions of this section, be classified as
follows, namely:-

(a) a Girasdar shall be deemed to belong to A class if the total area of
agricultural land comprised in his estate exceed eight hundred acres :

(b) a Girasdar shall be deemed to belong to B class if the total area of
agricultural land comprised in his estate exceeds one hundred and twenty
acres but does not exceed eight hundred acres ;

(c) a Girasdar shall be deemed to belong to C class if th e total area of
agricultural land comprised in his estate does not exceeds one hundred and
twenty acres :

Provided that a Girasdar owning one or more villages shall be deemed
to belong to A class irrespective of the total area of agricultural land
comprised in his estate.

(2) Where for the purpose of making an allotment of land to a Girasdar under Chapter
IV, it is necessary to ascertain the class to which he belongs and the total area of the
agricultural land comprised in his estate, such total area shall include agricultural land
in respect of which the vaje belongs exclusively to the Girasdar, notwithstanding that
the santi vero in respect of such land belongs to the 13 State, but shall not include any
agricultural land-

(a) in respect of which a tenant has acquired chav or buta hak; or

(b) which is held by a Girasdar in any Girasdari Majmu village specified in
the Second Schedule ; or

(d) in which there is any mine, minerals, stones, coal, kankar, trees, aval, or
any other similar thing which on or before 1st January, 1948, belonged
exclusively to the State or to the 1State jointly with the Girasdars.

Explanation. - For the purpose of this sub -section, agricultural land
shall not include sites of farm buildings or of dwellings or wadas.

(3) Where for the purpose of payment of rehabilitation grant to a Girasdar under
Chapter VI, or for determining the assessment payable by him under section 40, it i s
necessary to ascertain the class to which he belongs and the total area of agricultural
land comprised in his estate, such total area shall include agricultural land—

Act to over-
ride other
laws.
All Girasdari
land liable to
payment of
land revenue.
Classification
of Girasdars.
The Saurashtra Land Reforms Act, 1951
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(a) in respect of which the vaje belongs exclusively to the Girasdar, not -
withstanding that the santi vero in respect of such land belonged to the State;

(b) in respect of which a tenant has acquired chav or buta hak;

(d) in the vaje or the produce of which the 13[State] had a share on or before
the 1st January, 1948; and

(e) in which there is any mine, mineral, stone, coal, kankar, trees, aval or any
other similar thing which on or before 1st January, 1948, belonged
exclusively to the 14State or to the 13[State] jointly with the Girasdar.

Explanation. - For the purposes of this section " 13[State] " means any
Covenanting slate or any talukdar who has accepted privy purse.

CHAPTER III.
GIRASDARS AND THEIR RELATIONSHIP WITH TENANTS

6. (1) Any person who is lawfully cultivating any land belonging to a Girasdar, shall for
the purposes of this Act, be deemed to be the tenant :

Provided that no such person shall be deemed to be a tenant if he-

(a) is a member of the Girasdar's family; or

(b) is a servant on wages payable in cash or in kind but not in a share of the
crops, or is a hired labourer cultivating the land under the personal
supervision of the Girasdar or any member of his family; or

Explanation.-A person who is otherwise deemed to be a tenant shall
not cease to be a tenant, only on the ground that he is also a mortgagee in
possession.

(2) A tenant who, on joining the Armed Forces of India, had given land for
cultivation to a sub-tenant, shall be deemed to be a tenant for the purposes of this Act.

(3) Notwithstanding anything contained in sub -section (1), a person shall not be
deemed to be a tenant under this section if such a person has been previously
declared by a competent authority not to be a tenant.

7. It shall not be lawful for a Girasdar to recover from any tenant in respect of any holding of
that tenant any rent exceeding an amount equal to one and a half times the assessment
thereon :

14[Provided that where a tenant has not filed an application on or before the 3lst
December, 1954, for the acquisition of occupancy rights in respect of his holding under
section 28, the Girasdar may recover after that date any rent not exceeding an amount equal
to two and a half times the assessment on such holding.]

2. This proviso was added by Saurashtra Act No. XXXV of 1954.

8. It shall not be lawful for a Girasdar to levy or receive from any tenant i n respect of any
holding of that tenant any cess, rate, hak, tax or service of any description or denomination
whatsoever in addition to the rent lawfully recoverable under section 7.

9. If the Mamlatdar, after due inqui ry in the prescribed manner, is satisfied that a Girasdar
has recovered any rent, cess, hak, rate, tax or received any service from any tenant in
contravention of the provisions of section 7 or section 8 , the Mamlatdar may dirct the
Girasdar-
(a) to pay to the Government as penalty such sum not exceeding one thousand rupees
as the Mamlatdar deems fit;
Persons
when
deemed to
be tenants.
Restrictions
on rent.
Cess, rate,
hak tax or
service not
leviable.
Penalty, refund
and
compensation.
The Saurashtra Land Reforms Act, 1951
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(b) where the Girasdar has made any such unlawful recovery as aforesaid from the
tenant, to refund such amount to the tenant; or

(c) where the Girasdar has received any service from any tenant, to pay to the tenant
such sum by way of compensation as the Mamlatdar deems fit.

10. A Girasdar shall, in respect of any land for which rent is payable to him by a tenant, be
liable to pay to the Government as land revenue a sum equal to twelve and half per cent of
the assessment on that land.

11. (1) Whenever from any cause the payment of the whole of land revenue payable to
the Government by a Giras dar in respect of any land is suspended or remitted, the
Girasdar shall suspend or remit, as the case may be, the payment to him of the rent of
such land by his tenant. If in the case of such land, the land revenue is partially
suspended or remitted, the G irasdar shall suspend or remit the rent payable by the
tenant of such land in the same proportion.

(2) No application for assistance under sections 86 and 87 of the Code shall be
entertained, no suit shall lie and no decree of a Civil Court shall be execu ted for the
recovery by a Girasdar of any rent, the payment of which has been remitted, or during
the period for which the payment of such rent has been sus pended under this section.
The period during which the payment of rent is sus pended under this Section shall be
excluded in computing the period of limitation prescribed for any suit or proceeding
for the recovery of such rent.

(3) Notwithstanding anything contained in sections 86 and 87 of the Code, the
Collector shall, in passing an order under sub -section (2) of section 87 of the Code,
for rendering assistance to the Girasdar, allow to the tenant set-off for the sum, if any,
paid by such tenant to the Girasdar in excess of the amount of rent due from him after
deducting the amount required to be re mitted under sub section (1) of this section.
The set-off under this sub-section shall be allowed only in respect of the sums paid by
such tenant to such Girasdar during a period of three years immediately preceding the
date of the application made under section 86 of the Code,

(4) If any Girasdar fails to suspend or remit the payment of rent as provied in this
section, he shall be liable to refund to the tenant the amount recovered by him in
contravention of this section. The tenant may apply to the Mamlatdar for the recovery
of the amount and the Mamlatdar may, after making an inquiry, make an order for the
refund.

12. (1) No tenancy shall be terminated except in accordance with the previsions of
Chapter IV, or except on the following grounds, namely:-

(a) that the tenant has failed to pay in any year, within fifteen days from the
day fixed for the payment of the last instalment of the land revenue in
accordance with the rules made under the Code for that year, the rent for that
year; or

(b) that the tenant has done any act which is destructive or perma nently
injurious to the land comprised in the holding; or

(d) that the tenant has used the land for a purpose other than agriculture.

(2) Notwithstanding anything contained in sub -section (1), the tenancy in respect of
any holding of a tenant who is a widow or a minor or who is subject to physical or
mental disability shall not be liable to be terminated under the said sub -section only
on the ground that the land has been sublet on behalf of the said tenent.

Land revenue
payable by
Girasdar.

Suspension or
remission of
rent.
Termination of
Tenancy.

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13. Where any tenancy is terminated for non -payment of rent and the Girasdar files any
proceeding before the Mamlatdar to eject the tenent, the Mamlatdar shall call upon the tenent
to tender to the Girasadr the rent in arrears together with the cost of the proceeding, within
fifteen days from the date of the order, and if the tenent comp lies with such an order, the
Mamlatdar shall, in lieu of making an order for ejectment, pass an order directing that the
tenancy had not been terminated and thereupon the tenent shall hold the land as if the tenancy
had not been terminated.

15[13A. (1) Where a tenant has failed to comply with the order of the Mamlatdar asking him
to pay the arrears of rent together with the cost of proceedings under section 13, the
termination of tenancy shall not take effect till any appeal or revision application
against any order passed in the pro ceedings started before the Mamlatdar under
section 13, pending on the date of the commencement of the Saurashtra Land
Reforms (Second Amendment) Act, 1953, is dispose d of, and in cases in which no
such appeal or revision application is pending on such date, till the expiry of four
months from the the date of the order of the Mamlatdar.

(2) If during the pendency of any such appeal or revision application on the date f irst
mentioned in sub -section (1), or, where no such appeal or revision application is
pending, within four months from the date of the order of the Mamlatdar, the tenent
makes payment of an amount equal to six times the assessment, as provided in sect
on 28, together with arrears of rent with in terest at the rate of 6% per annum and the
costs of all the proceedings, if any, the tenancy shall not be deemed to have been
terminated.

(3) The Mamlatdar shall report the fact of such payment to the authority before whom
the appeal or revision application may be pending and t hereupon the proceedings in
the appeal or revision application shall abate and the Mamlatdar shall proceed in
accordance with the provisions of Chapter V].

16[13B. Notwithstanding anything contained in section 86 of the Code, the Girasdar shall,
upon written application to the Mamlatdar, be entiteled to assistance, by the use of
precautionary and other measures, except that contained in section 13 7 of the Code, and in
the same manner as prescribed in Chapter XI of the Code, for the recovery of rent payable to
him by the tenant:

Provided that no such application shall be entertained for t he recovery of rent a suit
for which has become barred under the Indian Limitation Act, 1908 at the date of such
applicaton.]

14. (1) If in any village, a tenant is in occupaton of a dwelling -house built on a site
belonging to his Girasdar, such tenant shall not be evicted from such dwelling-house
or the land immediately appurtenant thereto and necessary for its enjoyment unless-

(a) the Girasdar proves that the dwelling-house was not built at the expense of
such tenant or his predecessor-in-title, and

(b) such tenant makes a default in payment of rent, if any, which he has been
paying for the use and occupation and such house.

(2) The provisons of sub -section (1) shall not apply to a dwelling -house which is
situated on any land used for the purposes of agriculture in respect of which the
tenancy has been terminated under sub-section (1) of section 12.

15. Where any tenant of any dwelling -house is liable to be evicted under the provisions of
section 14 and the Girasdar files any proceeding before the Mamlatdar to eject the tenant, the
Mamlatdar shall, by order in witing,-

(a) if the tenant had previsouly been paying rent of the dwelling -house, direct the
tenant to tender to the Girasdar the rent in arrears together with the costs of the
proceedings, within fifteen days from the date of such order; or

(b) if no rent was being so paid, assess reasonable rent in respect of the dwelling -
house and direct the tenant to pay the rent so assessed, with fifteen days of the date of
the order;
Belief
against
termination
of tenancy
for non-
payment.
Termination of
tenancy not to
take effect in
certain cases.
Assistance
to Girasdar
for recovery
of rent.
Bar to eviction
from drwelling-
house.
Belief against
eviction from
dwelling-
house in
certain cases.
The Saurashtra Land Reforms Act, 1951
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and if the tenant complies with such an order the Mamlatdar shall, in lie n of making
an order of ejectment, pass an order directing that the tenant shall not be evicted, and
thereupon the tenant shall continue to be in lawfu l occapation of the dwelling-house
so long as he carries out the directions given in the Mamlatdar's order.

16. The Government may, by notification, in the Official Gazette, direct that the provisions of
section 14 or of sectio n 34 shall apply mutatis mutandis to the dwelling -house and sites
thereof occupied by agricultural labourers or artisans in any particular area specified in the
notification.

17. Where any land was reserved by the Girasdar for personal cultivation at any time after the
1st January, 1948, but before the 20th May, 1950, and an application disputing such
reservation has been made by a tenant before the 17[1st May, 1951] and is pending at the
commencement of this Act, or where such re servation was made by the Girasdar at any time
after the 20th May, 1950, or where such reservation having been made at any time between
the 1st January, 1948, and the 20th May, 1950, the land was let out to another tenant after the
20th May, 1950, and an a pplication disputing such reservation or letting out, as the case may
be, is made within ninety days from the commen cement of this Act, the Mamlatdar shall
decide the dispute, and if he decides that the reservation of any land was made illegally, or
that the tenant was entitled to restoration of the land, he shall direct that the possession of
such land shall be restored to the tenant.

18. Nothing contained in this Act shall be constru ed to limit or abridge the rights or
privileges of any tenant under any usage or law for the time being in force or arising out of
any contract, grant, ecree or order of a court or otherwise howsoever.

CHAPTER IV
ALLOTMENT OF LAND TO GIRASDAR FOR PERSONAL CULTIVATION.

19. (1) Any Girasdar may 18[at any time 19[within four months] from the date of the
commencement of the Saurashtra Land Reforms (Second Amend ment) Ordinance,
1952] apply to the Mamlatdar for the allotment to him of land for personal cultivation
:

20[Provided that the Government may relax this time limit in the case of a
Girasdar who is in service as a member of the Armed Forces:

Provided further that an application b y a Barkhalidar for being notified as
Girasdar under clause (15) of section 2 of the Saurashtra Land Reforms Act, 1951,
shall be treated as an application under this section if he is not declared as a
Girasdar.]

(2) An application under sub -section (1) shall be in such form as may be prescribed
and shall contain the following particulars:-

(a) the area and the location of the land in respect of which the allotment is
prayed for;

(b) the right under which the Girasdar claims the land;

(i) the approximate area of the land in his estate;

(ii) the area and location of Gharkhed in his estate;

(iii) the area of agricultural land, bid land and cultivable waste in his
estate; and

(iv) the area of non-cultivable waste in his estate;

(d) the names of tenants and description of land in their possession;
(e) the area of Khalsa land, if any in his possession; and
Dwelling-
house of
agricultural
labourers.
Restoration
of
possession
Act not to
affect rights
or privileges
of tenant
under any
other law.
Application by
Girasdar for
allotment of
land for
personal
cultivation.
The Saurashtra Land Reforms Act, 1951
13 of 33

(f) any other particulars which may be prescribed :

21[Provided that the Settlement Commissioner may direct generally or
in individual case that an application which is not in the prescribed form shall
be accepted.]

(3) Where a Girasdar makes an application on his own behalf as also on behalf of
other Girasdars who are jointly entitled with him to allo tment of land under this Act,
the application under sub -section (1) shall further contain the names of persons on
whose behalf the allotment is prayed for and the full particulars of the joint estate,
and of Gharkhed of all such persons.

20. (1) On receipt of an application under section 19, the Mamlatdar shall issue notice to
the tenant or tenants concerned and, after giving the parties an opportunity of being
heard, shall make an inquiry in the prescribed manner.

(2) After making such inquiry as may be deemed necessary, the Mamlatdar may,
having due regard to the provisions of this Chapter, pass an order, making an
allotment to the Girasdar of such land as may be specified in the order.

(3) After making an or der under sub -section (2), the Mamlatdar shall issue an
occupancy certificate, in such form as may be prescribed, to a Girasdar in respect of
his Gharkhed and the land, if any, allotted to him under this section.

(4) No Girasdar shall obtain possession of any land held by a tenant except in
accordance with such order.

21. Subject to the provisions of this Chapter a Girasdar of A class or B class shall be allotted
land for personal cultivation to such an ext ent as, when added to the area of Gharkhed in his
estate and of Khalsa land, if any, in his possession, would make up the total area as shown
below:-
(a) in the case of A class Girasdars 3 economic holdings;

(b) in the case of B class Girasdars—

(i) those having land in excess of one hundred and twenty acres but not
exceeding three hundred and twenty acres, one and a half economic holdings;

(ii) those having land in excess of three hundred and twenty acres but not
exceeding five hundred and forty acres, two economic holdings;

(iii) those having la nd in excess of five hundred and forty acres but not
exceeding eight hundred acres, two and a half economic holdings.

22. In making an a llotment of land to any Girasdars of A class or B class, the Mamlatdar
shall have due regard to the following provisions, namely :-

(a) firstly, such of the bid land cultivable waste of the estate as the Girasdar wishes to
utilise for personal cultivation shall be allotted to him;

(b) secondly, if the land allotted under clause (a) is not sufficient , such agricultural
lands as is held by a tenant in excess of one economic holding shall be available for
allotment.

Explanation.--For the purpose of ascerta ining the economic holding of a
tenant under this clause, such Khalsa agricultural land as may be in his possession
shall be taken into account but no such Khalsa land shall be available for allotment to
the Girasdar;

(c) thirdly, if such excess as is ref erred to in clause (b) is not sufficient for such
allotment, the deficit shall be made up by taking agricultural land from all the tenants
of the Girasdar in proportion to the area held by them irrespe ctive of the size of their
holdings;

(d) the land allotted to a Girasdar from the holding of a tenant shall, as far as may be,
Inquiry by
Mamlatdar and
order of
allotment.
Allotment of
land to
Girasdars of A
and B class.
Principles
and method
of allotment
of laud to
Girasdars of
A and B
class.
The Saurashtra Land Reforms Act, 1951
14 of 33
have the same proportion of Bagayat or Jirayat and also of good, medium or poor
lands as existed in his estate; and the allotment shall, as far as practicable, be made in
the form of contiguous block of ten acres or more.

Explanation.-For the purposes of this section agricultural land shall not in -
clude sites of farm buildings or dwellings or wadas.

23. Under the provisions of this Chapter, land shall be allotted-

(a) in the case of an undivided family of Girasdar, only to the head of the family on
behalf of the family; or

(b) in the case of a family divided in interest only, to all the members of the family
jointly as to a single unit, or

(c) in the case of a Girasdar whose land was separate from that of the other members
of his family by metes and bounds before the 1st February, 1951 to such Girasdar; or

(d) in the case of one whose father has died after that date and whose land has been so
separate after that date, to such Girasdar; or

(e) in the case of one who before that date has held his land separa tely with a tenant
deriving title from him, to such Girasdar.

Explanation.-Land allotted to an undivided family or to a family divided i n
interest only shall be in full satisfaction of the claims of all the Girasdars of such
family.

24. (1) Agricultural land to be allotted to a C class Girasdar for being culti vated
personally shall, subject to the provisions of this section, be one half of the total area
of the land held by each of his tenants:

Provided that the total area of the holding of a C class Girasdar made up of
Gharkhed in his estate and any bid land or cultivable waste which he desires to utilise
for personal cultivation and Khalsa land, if any in his possession, to gether with the
land allotted under the provisions of this section shall not exceed:-

(a) one economic holding, in the case of one in whose estate agricul tural land
does not exceed eighty acres; and

(b) one and half economic holdings, in the case of one in whose estate
agricultural land exceeds eighty acres but does not exceed one hundred and
twenty acres :

Provided further that where in making such an allotment of one econo mic
holding, or one and a half economic holdings, as the case may be, it is not necessary
to take half of the total area of the land held by each of the tenants, agricultural land
shall be taken from each of the tenants in such proportion as may be necessa ry to
make up one economic holding or one and a half economic holdings, as the case may
be.

(2) The area allotted to a C class Girasdar shall not include Khalsa land, if any, held
by a tenant.

Explanation 1. - The total area of land held by a tenant mean s the land held
by a tenant from his Girasdar together with Khalsa land, if any, held by the tenant.

Explanation. 2 - For the purposes of this section, agricultural land shall not
include sites of farm, buildings or of dwellings, or wadas.

25. In any verayati land

(a) no land in which the State had a share in the vaje on or before the 1st January,
1948 shall be allotted to a Girasdar for personal cultivation; and

Girasdars
to whom
land
maybe
allotted.
Allotment of
land to C
class
Girasdars.
Special
provision for
allotment to
Girasdars of
land for
personal
cultivation
from verayati
land.
The Saurashtra Land Reforms Act, 1951
15 of 33
(b) any land in respect of which the vaje belongs exclusively to the Girasdar shall,
notwithstanding that the santi vero in respect of such land belonged to the 22State on
or before the 1st January, 1948, be available for allotment to a Girasdar in accordance
with the provisions of this Act:

Provided that no land in which there is any mine, minerals, stones, coal,
Kankars, trees, aval or any other similar thing and which is declared to belong
exclusively to the 22State or to the 22State jointly with the Girasdar, shall be allotted to
any Girasdar.

Explanation.-For the purposes of this section, 22State means any Covenanting
State or any talukdar who has accepted privy purse.

26. (1) For the purpos es of this Chapter, the villages specified in the Second Schedule
shall be deemed to be Girasdari Majmu villages and the Girasdars of such villages
shall be called the Majmu holders of the said villages.

(2) In any Majmu village one-sixth of the total area of land under cultivation shall be
allotted for personal cultivation amongst the Majmu holders of the village jointly in
full satisfaction of their claim for land for personal cultivation in that village.

(3) The land allotted to Majmu holders shall, as far as may be, have the same
proportion of the good, medium or poor land, as also of Jirayat and Bagayat land, as
the one -sixth share of the Majmu holders bears to the total area of land under
cultivation in the village.

(4) For the purposes of allotment under this section, land already under personal
cultivation of the Majmu holders in the said village shall be taken into account.

(5) The provisions of section 22 shall, as far as may be, apply to the allot ment of land
in Majmu villages as they apply to land in other villages.

(6) The total area of land in the said villages shall not be taken into consi deration for
determining the land for personal cultivation in any other village either in favour of or
against such Majmu-holders.

(7) A Majmu -holder s hall be entitled to compensation and rehabilitation grant in
respect of his share in the Majmu village from the tenant and the Government to the
same extent and in the same manner as a Girasdar is entitled to in respect of any other
land under the provisions of this Act.

(8) The Government may, from time to time, by notification in the Official Gazette,
amend, add to or substract, from the Schedule the name of any village and on the
issue of such notification the Schedule shall be deemed to have been amend ed
accordingly.

27. Nothing contained in this Chapter shall apply to any land in respect of which a tenant has
acquired chav or buta hak.

CHAPTER V.
ACQUISITION OF OCCUPANCY RIGHTS BY TENANTS.

28. (1) Subject to the provisions contained in Chapter IV of this Act, a tenant shall at any
time be entitled to acquire occupancy rights in his holding on payment of such
amount as shall be equal to six times the assessment payable in respect of the
agricultural land included in such holding, and may apply in the prescribed form to
the Mamlatdar for acquiring such rights :

Provided that a tenant who has acquired chav or buta hak, shall acquire such
rights without any payment :

Provided further that in the case of a holding in respect of which or in the
produce of which the interest of the Girasdar is limited, the tenant shall pay an
amount reduced in proportion to the limited interest of the Girasdar in the holding in
such manner as may be prescribed.
(2) An application under sub -section (1) shall be in such form as may be prescribed
Allotment of
land, etc, in
Girasdari
Majmu
village.
Saving in
certain
cases.
Acquisition
of
occupancy
rights by
tenants.

The Saurashtra Land Reforms Act, 1951
16 of 33
and shall contain the following particulars, namely:-

(a) the area and location of the holding in respect of which the application is
made ;

(b) the name of the Girasdar in respect of his holding ;

(i) the approximate area of the land in his possession ;

(ii) approximate area of agricultural land, bagayat, jirayat, bid land
and cultivable waste separately; and

(iii) the number and location of dwelling houses in his possession;

(d) particulars whether the dwelling -house was built at his cost or at the cost
of his predecessor-in-title or of the Girasdar ;

(e) whether he holds khalsa land, and, if so, its area and lo cation ; (f) whether
he holds chav or buta huk, and, if so, its area and location; and (g) such other
particulars as may be prescribed :

23[Provided that the Settlement Commissioner may direct generally or
in any individual case that an application which is not in the prescribed form
shall be accepted.]

(3) The application shall be accompanied by a receipted chalan showing the payment
into the treasury of the amount payable by the tenant under sub-section (1).

29. On receipt of any application under

Excerpt shown. Open the full act in Lexace.

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