LexThe Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949
Gujarat · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY
AFFAIRS DEPARTMENT
The Saurashtra Gharkhed, Tenancy Settlement
and Agricultural Lands Ordinance, 1949
(Saurashtra Ordinance No. XLI of 1949)
(As modified upto 28 th February, 2021)
(G.P .V .)-H-2059-1680Bks.-03-2021.
PRINTED AT THE GOVERNMENT PRESS, V ADODARA.
H-2059–1
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY
AFFAIRS DEPARTMENT
The Saurashtra Gharkhed, Tenancy Settlement
and Agricultural Lands Ordinance, 1949
(Saurashtra Ordinance No. XLI of 1949)
(As modified upto 28 th February, 2021)
1949 : Sau Ord. XLI] Saurashtra Gharkhed, Tenancy Settlement and i
Agricultural Lands Or dinance, 1949.
THE SAURASHTRA GHARKHED, TENANCY SETTLEMENT AND
AGRICULTURAL LANDS ORDINANCE, 1949.
CONTENTS.
PREAMBLE.
SECTIONS. Page No.
CHAPTER I.
PRELIMINARY .
1. Short title, extent and commencement. 1
2. Definitions. 1
CHAPTER II.
3-15. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).] 3
CHAPTER III.
NON-GHARKHED LANDS
16-18. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).] 3
19. Modifications in the Bombay Land Revenue Code as adapted and applied. 4
20. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).] 4
CHAPTER IV .
21-22. [Repealed by the Saurashtra Land Reforms Act, 1951(Act No. XXV of 1951).] 4
CHAPTER V .
23-34 [Repealed by the Saurashtra Land Reforms Act, 1951 (Act NO. XXV of 1951).] 4
CHAPTER VI.
MANAGEMENT OF ESTATES HELD BY LAND HOLDERS
35. Power to assume management of landholder’s estate. 4
36. V esting of estate in management. 4
37. Effect of declaration of management. 4
38. Manager’s powers. 5
39. Manager to pay costs of management, etc. 5
40. Notice to claimants. 5
41. Claim to contain full particulars. 5
42. Claim not duly notified to be barred. 6
43. Determination of debts and liabilities. 6
44. Power to rank debts and fix interest. 6
45. Scheme for liquidation. 6
46. Provision of scheme. 6
ii Saurashtra Gharkhed, Tenancy Settlement and [ 1949 : Sau Ord. XLI
Agricultural Lands Or dinance, 1949.
SECTIONS. Page No.
47. Effects of sanctioning scheme. 6
48. Power to remove mortgage in possession. 6
49. Power to sell or lease. 6
50. Manager’s receipt a discharge. 7
51. Holder of estate dying. 7
52. Termination of management. 7
53. Manager deemed to be public servant. 7
CHAPTER VII.
RESTRICTION ON TRANSFER OF AGRICULTURAL LANDS, MANAGEMENT OF UNCULTIV ATED
LANDS AND ACQUISITION OF ESTATES AND LANDS.
54. Transfer to non-agriculturists barred. 7
54A. Last transaction if made to an agriculturist to be valid even if earlier transaction or transactions may 8
be invalid.
54B. Conversion of land into non-agricultural purpose if the land is purchased before the commencement of 8
Amending Act, 2015.
55. Sale of land for bonafide industrial purpose permitted in certain cases. 8
55A Sale of land for the purposes other than industrial purposes. 13
56-57. [Repealed by Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).] 15
CHAPTER VIII.
58-71. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).] 15
CHAPTER IX.
72. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).] 15
CHAPTER X.
MISCELLANEOUS.
73. Rules. 15
74. Delegation of powers. 16
75. Summary eviction. 16
75A. Penalty to transferee for transfer of land in breach of provision of sub-section (1) of section 54. 16
76. Bar of jurisdiction. 16
77. Control. 16
78. Indemnity. 16
79. Ordinance not to apply to certain lands and areas. 16
80. Repeal. 17
SCHEDULES I AND II. 17
PB Saurashtra Gharkhed, Tenancy Settlement and [ 1949 : Sau Ord. XLI
Agricultural Lands Ordinance, 1949.
1949 : Sau Ord. XLI] Saurashtra Gharkhed, Tenancy Settlement and 1
Agricultural Lands Ordinance, 1949.
ORDINANCE NO. XLI OF 1949.
[THE SAURASHTRA GHARKHED, TENANCY SETTLEMENT AND
AGRICULTURAL LANDS ORDINANCE, 1949.]
[First published in the Gazette on 8th July, 1949.]
Amended by
(1) Ordinance No. LXXXV of 1949.
(2) Saurashtra Act No. XXX of 1950.
(3) Saurashtra Act No. XLIV of 1953, and repealed in part by
(1) Saurashtra Act No. XXV of 1951,
(2) Saurashtra Act No. III of 1952.
Amended by Saurashtra Act No. XLIV of 1953.
Amended by Saurashtra Act No. XXXIX of 1955.
Amended by Guj. 16 of 1973.
Amended by Presi. Act 13 of 1974.
Amended by Guj. 17 of 1976.
Amended by Guj 30 of 1977.
Amended by Guj. 7 of 1997.
Amended by Guj. 28 of 2015.
Amended by Guj. 18 of 2019.
Amended by Guj. 13 of 2020.
AN ORDINANCE to provide for the settlement of disputes between land holders
and their tenants and other matters.
WHEREAS it is expedient for the peace and good government of the State of
Saurashtra to provide for the settlement of disputes relating to the quantum of Gharkhed
land, rent and evictions, between the land holders and their tenants, for the improvement
of the economic and social conditions of peasants, for the full and efficient use of land for
agriculture and for certain other matters hereinafter appearing:
NOW , THEREFORE, in exercise of the powers conferred by paragraph (3) of
Article IX of the Covenant, read with paragraph III of the Supplementary Covenant and all
other powers enabling him in this behalf, the Raj Pramukh is hereby Pleased to make and
promulgate the following Ordinance:-
1. (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.*
2. In this Ordinance, unless there is anything repugnant in the subject or context;
(a) “Agency” means the former Western India and Gujarat State Agency;
(b) “agriculture” includes horticulture, raising of crops fodder or garden produce,
dairyfarming, poultry froming, 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” mean a Talukdar or Estateholder 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;
* This Ordinance was brought into force on 20 th July, 1949 by Legal and Constituent Assembly Department
notification No. LD/118 dated 13th July, 1949.
Short title, extent
and
commencement.
Definitions.
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2 Saurashtra Gharkhed, Tenancy Settlement and [ 1949 : Sau Ord. XLI
Agricultural Lands Ordinance, 1949.
1949 : Sau Ord. XLI] Saurashtra Gharkhed, Tenancy Settlement and 3
Agricultural Lands Ordinance, 1949.
(e) “Bid land” means such land as has been used by the landholder for grazing his
cattle or for cutting grass for the use of his cattle for not less than 10 years previous to 1 st
January, 1948;
(f) “to cultivate” means to carry on any agricultural operation;
(g) “to cultivate personally” means to cultivate on one’ s own account-
(1) by one’ s own labour, or
(2) by the labour of any member of one’ s family, or
(3) by servants on wages payable in cash or kind, but not in cropshares
or by hired labour, under one’s personal supervision or 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 active service of the Government
of the State of Saurashtra, the Government of India or any State Government in
India, shall be deemed to cultivate the land personally if it is cultivated by her or
his servants or by hired labour;
Explanation II.- In the case of Undivided Hindu Family, the land shall
be deemed to have been cultivated personally if it is cultivated by any member of
such family;
(h) “Gharkhed” means land reserved by a landholders for cultivating personally:
Provided that the land shall continue to be Gharkhed land even if a landholder
allows the same to be cultivated by the tenent cultivating the land on the 1 st January,
1948;
(i) “Government” means the Government of the State of Saurashtra;
(j) “improvement” means with reference to any land, any work which adds to the
value of the land and which is suitable thereto as also consistent with the purpose for which
it is held and includes,-
(a) the construction of tanks, well, water channels, embankments and other
works for storage, supply or distribution of water for agricultural purposes;
( b) the construction of works for the drainage of land or for the protection
of land from floods or from erosion or other damage from water;
(c) the reclaiming, clearing, enclosing, levelling or terracing of land;
(d) the erectio n of building on the land required for the convenient or
profitable use of such land for agricultural purposes; and
( e) t he renewal or re-costruction of any of the foregoing works or alterations
therein or additions thereto as are not of the nature of ordinary repairs;
but does not include such clearances, embankments, levelling, enclosures, temporary wells,
water channels and other works as are commonly made by the tenants in the ordinary cource
of agriculture;
(k) “land” means land which is used for agricultural purpose and includes:-
( a) sites of farm building appurtenant to land used for agricultural
purposes; and
( b) sites of dwelling houses occupied by agriculturists, agricultural labourers
or artisans and land appurtenant to such dwelling houses;
2 Saurashtra Gharkhed, Tenancy Settlement and [ 1949 : Sau Ord. XLI
Agricultural Lands Ordinance, 1949.
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Agricultural Lands Ordinance, 1949.
(l) “land holder” means a Zamindar, Jagirdar, Girasdar, Talukadar, Bhayt, Bhagdar,
Mulgirasia, Barkhalidar, Inamdar, Jiwaidar or and person who is a holder of land or who
is interested in land and whom the Government has declared on account of the extent and
value of the land or his interests therein to be a landholder for the purposes of this Ordance;
(m) “Mamlatdar” includes a Mahalkari and any other officer whom the Government
may appoint to perform the duties of a mamlatdar under this Ordinance;
(n) “person” includes an Undivided Hindu Family;
(o) “prescribed” means prescribed by rules made under this Ordinance;
(p) “profits of agriculture” in respect of any land means the surplus remaining with
the cultivator after the expenses of cultivation including wages of the cultivator working on
the land are deducted from the gross produce;
(q) “reasonable rent” means the rent determined under section 13;
(r) “rent” means any c onsideration in money or kind paid or payable by a tenant on
account of the use or occupation of the land held by him, but shall not include the rendering
of any personal service or labour;
(s) “State” means the State of Saurashtra;
(t) “tenancy” means the relationship of landholders and tenant;
(u) “tenant” means an agriculturist who holds land or lease and includes a person
who is deemed to be a tenant under the provisions of this Ordinance;
( v) “Tribunal” means the Agricultural Lands Tribunal constituted under section 58;
(w) “State of Saurashtra” means the State created and established under the Covenant
entered into by the rulers of Kathiawar and the Agreement entered into by the Talukadars
and Estate-holders of Kathiawar and the former State of Junagath, Manavadar, Bantwa,
Sardargadh, Mangrol and Babariawad which have integrated under the Supplementary
Covenant entered into by the representative of these States and rulers of Kathiawar and
includes any other State, area or territory which may hereafter integrate or merge into the
State of Saurashtra;
(x) “year” means the year ending on the 31 st of March or on such date as the
Government may, by notification appoint for any locality;
(y) words and expressions used in this Ordinanc but not defined shall have the
meaning assigned to them, as the case may be, in the Bombay Land Revenue Code, 1879,
as adapted and applied to the State and the Transfer of Property Act, 1882.
1[CHAPTER II.
[ * * * * * ]
CHAPTER III.
NON-GHARKHED LANDS.
2[16. * * * * * ]
2[17 * * * * * ]
2[18 * * * * * ]
1. Chapter II was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
2. Sections 16, 17 and 18 were repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
4 Saurashtra Gharkhed, Tenancy Settlement and [ 1949 : Sau Ord. XLI
Agricultural Lands Ordinance, 1949.
1949 : Sau Ord. XLI] Saurashtra Gharkhed, Tenancy Settlement and 5
Agricultural Lands Ordinance, 1949.
19. (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) * * * * *]
4[20. * * * * *]
5[CHAPTER IV .
[ * * * * *]
6[CHAPTER V .
[ * * * * *]
CHAPTER VI.
MANAGEMENT OF ESTATES HELD BY LANDHOLDERS
35. Notwithstading 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 him or his tenants the cultivation of his estate has seriously
suffered, or when it appers to the Government that it is necessary for
7[ * * * * *]
ensuring the full and efficient use of the land for agriculture to assume management of any
landholder’s estate, a notification announcing such intention shall be published in the Official
Gazette and the Collector shall cause notice of the substance of such notification to be given at
convenient place in the locality where the estate is situated. Such notification shall be conclusive.
36. 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.
37. On the publication of the notification under section 35, the following consequences
shall ensue :-
( 1) All proceeding 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 liblilities.
(3) So l ong as the managment continues the holder of the estate shall be incompetent:-
(a) to enter any contract involving the estate in pecuniary libaility;
(b) to mortage, char ge, lease, or alienate the property under management or any
part thereof; or
(c) to grant valid receipts for the rents and profits arising or accruing thereform:
Provided that nothing contained in this section shall be deemed to preclude
the manager from letting and the holder from taking the whole or any part of such
estate on such terms consistent with this Ordinance as may be agreed upon between
the parties.
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 Acquisition Act, 1952 (Act No. III of 1952).
2. Sub-sections (2) and (3) were omitted, ibid.
3. Sub-section (4) was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
4. Section 20 was repealed, ibid.
5. Chapter IV was repealed, ibid.
6. Chapter V was repealed, ibid.
7. T he words “the purpose of improving the economic and social condition of peasants or” were omitted by ordinance
No. LXXXV of 1949.
Modifications in
the Bombay Land
Re
venue Code
as adapted and
applied.
Power to assume
management of
landholder’s estate.
Vesting estate in
management.
Effect of
declaration of
management.
4 Saurashtra Gharkhed, Tenancy Settlement and [ 1949 : Sau Ord. XLI
Agricultural Lands Ordinance, 1949.
1949 : Sau Ord. XLI] Saurashtra Gharkhed, Tenancy Settlement and 5
Agricultural Lands Ordinance, 1949.
( 4) So long as the management continues, no person other than the manager shall be
competent to mortage, charge, lease of alienate such estate or any part thereof.
38. (1) The manager shall, during the management of the estate, have all the po wers
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.
39.(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.
( 2) The residue shall be retained by the manager for the liquidation, in the manner
hereinafter provided, of the debts and liabilities other than those mentioned in sub-section (1)
and also for the repayment either before or after the liquidation of such debts and liabilities,
of any loan received from Government by the manager under this Ordinance. The balance,
if any, shall be paid to the holder.
40. On the publication of the order of management, the manager shall publish in the
Official Gazette a notice calliing upon all persons having claims against the estate under
management to notify the same 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.
41. ( 1) Every such claimant shall, along with his claim, present full praticulars thereof.
(2) Every document on which the claimant founds his claim or on which he relies
in support thereof, 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 investigation of the
case.
Manager’s powers.
Manager to
pay costs of
management, etc.
Notice to claimants.
Claim to contain
full particulars.
6 Saurashtra Gharkhed, Tenancy Settlement and [ 1949 : Sau Ord. XLI
Agricultural Lands Ordinance, 1949.
1949 : Sau Ord. XLI] Saurashtra Gharkhed, Tenancy Settlement and 7
Agricultural Lands Ordinance, 1949.
42. Every such claim other than the claim of the Government not inform ed 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.
43. The manager shall inquire into 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.
44. 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.
45. 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 (hereinafer called the
liquidation scheme) showing the mode in which it is proposed to pay 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.
46. Every liquidation scheme shall further provide for the continuance of 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 aid of the funds raised
as aforesaid or partly in one of such ways and partly in the other.
47. 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, executions and attachments stayed or suspended
under section 37 shall be forever 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.
48. (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.
49. 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:
Claim not
duly notified
to be barred.
Determination of
debts and liabilities.
Power to rank debts
and fix interest.
Scheme for
Liquidation.
Provision of
scheme.
Effects
of sanctioning
scheme.
Power to remove
mortgagee in
possession.
Power to sell or
lease.
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Agricultural Lands Ordinance, 1949.
Provided futher 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.
50. 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.
51. (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 suceeding 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.
52. The Government, when it is of opinion that it is not necessary to continu e the
management of the estate, by order published in the Official Gazette , may direct that the
said management shall be terminated. On of 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 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.
53. The manager appointed under this Chapter shall be deemed to be a public servant
under section 21 of the Indian Penal Code.
CHAPTER VII.
RESTRICTION ON TRANSFERS OF AGRICULTURAL LANDS,
MANAGEMENT OF UNCULTIV ATED LANDS AND ACQUISITION OF
ESTATES AND LANDS.
54. (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) n o mortgage of any land or interest (herein 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, exchange, lease,
4[where lease is by law allowed], or mortgage, 5[or for such agreement]
on such conditions as may be prescribed:
6[Provided futher that no such permission shall be granted, where
land is being sold to a person who is not an agriculturist for agricultural purpose,
if the annual income of such person from other sources exceeds five thousand
rupees.]
7[(1A) The State Government may, by notification in the Official Gazette, exempt
from the provisions of sub-section (1), for the transfer of any agricultural land to any public
trust established for the charitable purpose and which is non-profitable in nature, for the
use of such land in the field of health and education, subject to such conditions as may be
specified therein.]
(2) Nothing in this section shall be deemed to prohibit the sale, gift, exchange or
lease of a dwelling house or the site thereof or any land appurtenant to it in favour of an
agricultural labourer or an artisan.
1. These words wre inserted by Saurashtra Act No. XLIV of 1953.
2. This word was added by Guj. 30 of 1977, s. 9(i).
3. Clause (c) was inserted, ibid. s. 9 (ii).
4. These words were inserted by Saurashtra Act No. XLIV of 1953, s. 2 (i) (b).
5. These words were inserted Guj. 30 of 1977, s 9 (iii).
6. This proviso was added by Guj. 16 of 1973, s.2.
7. Sub-section (1A) was inserted by Guj. 5 of 2015, s. 3.
Manager’s receipt
a discharge.
Holder
of estate
dying.
Termination of
Management.
Manager deemed to
be public servant.
Transfer to non-
agriculturists barred.
8 Saurashtra Gharkhed, Tenancy Settlement and
Agricultural Lands Ordinance, 1949. [ 1949 : Sau Ord. XLI
1[Explanation:—For the purpose of this section in so far as it relates to sale or lease of
land, the term “agriculturist” shall include a 2[Maldhari and Landless Labourers employed
in agricultural operations].]
3[54A. (1) Notwithstanding anything contained in section 54, where the Mamalatdar
suo moto or on the aplication of any person interested in the land, has reason to believe
that, in the breach of the provisions of clauses (a), (b) or (c) of sub-section (1) of section 54,
transfer of the land had taken place in favour of a person who was not an agriculturist, and
that certain transaction or transactions have taken place thereafter and the person in whose
favour the last transaction was made on or before the 30
th June, 2015, is an agriculturist,
he shall issue a notice to such person and shall give him an opportunity of being heard and
also make an inquiry as he deems fit.
(2) If the Mamalatdar comes to the conclusion that as a result of the last transacton in
respect of such land the person to whom such land was transferred is indeed an agriculturist,
he shall call upon such person to pay to the State Government, for the use of such land only
for the agricultural purpose, the amount of ten per cent. of the prevailing Jantri and after such
payment he shall declare, by an order, such last transaction to be valid irrespective of the
fact that any one or more of such transactions was or were invalid and upon such order, no
proceedings under section 75 shall be initiated and if already initiated shall be discontinued
forthwith.
54B. (1) Notwithstanding anything contained in section 54 or 75A but subject to the
provisions of any other law for the time being in force, any institution registered as a public trust
for charitable purpose under the Gujarat Public Trusts Act, 1950, or any company registered
under the Companies Act, 2013 which has in its objects the promotion of charity and to which
provisions of section 8 of the said Act are applicable, has purchased the land in contravention
of the provisions of sub-section (1) of section 54 on or before the 30
th June, 2015 4[such
institution working in the field of religious, health, education and social sector shall be entitled
to make an application within one year from the commencement of the Gujarat Tenancy and
Agricultural Lands Laws (Amendment) Act, 2019, to the Collector for conversion of such
land into non-agricultural purpose.]
(2) On an application made under sub-section (1), the Collector shall make a detailed
inquiry and comes to the conclusion that such institution has, in contravention of the
provisions as referred to in sub-section (1) purchased the land, he shall call upon such public
trust or the company as referred to in sub-section (1) to pay such amount in such manner as
may be prescribed by the state Government and if such public trust or company pays such
sum as directed by the Collector, the Collector shall allow the conversion of such land into
the non-agricultural purpose and pass the order accordingly.]
5[55. (1) Nothing in section 54 shall prohibit the sale or the agreement for the sale of
land for which no permission is required under sub-section (1) of section 65B of the Bombay
Land Revenue Code, 1879 in favour of any person for use of such land by such person for
a bonafide industrial purpose:
Provided that—
(a) the land is not situated within the urban agglomeration as defined in clause
(n) of section 2 of the Urban Land (Ceiling and Regulation) Act 1976.
(b) where the area of the land proposed to be sold exceeds ten hectares, the
person to whom the land is proposed to be sold in pursuance of this sub-seciton shall
obtain previous permission of the Industries Commissioner, Gujarat State or such other
officer, as the State Government may, by an order in writing authorise in this behalf.
(c) the area of land proposed to be sold shall not exceed four times the area on
which construction for a bonafide industrial purpose is proposed to be made by the
purchaser:
1. This Explanation was added by Saurashtra Act No. XLIV of 1953, s 2 (b).
2. These words were substituted for the word “Maldhari” by Saurashtra Act No. XXXIX of 1955, s. 2.
3. Sections 54A and 54B were inserted by Guj. 28 of 2015, s. 5.
4. This portion was substituted by Guj. 18 of 2019, s. 4.
5. This section was inserted by Guj. 7 of 1997, s. 5.
Last transaction if
made to an
agriculturist to be
valid even if earlier
transaction or
transactions may
be invalid.
Conversion
of land
into non-agricultural
purpose if the land
is purchased before
the commencement of
Amending Act, 2015.
Bom. 29 of 1950.
18 of 2013.
Guj. 18 of
2019.
Sale of land for
bonafide industrial
purpose permitted
in certain cases. Bom. V of 1879.
33 of 1976.
1949 : Sau Ord. XLI] Saurashtra Gharkhed, Tenancy Settlement and
Agricultural Lands Ordinance, 1949. 9
Provided that any additional land which may be required for pollution
control measures or required under any relevant law for the time being in force
and certified as such by the relevant authority under that law shall not be taken
into account for the purpose of computing four times the area.
(d) where the land proposed to be sold is owned by a person belonging to
the Scheduled Tribe, the sale shall be subject to the provisions of section 73AA
of the Bombay Land Revenue Code, 1879.
(2) (a) Where the land is sold to a person in pursuance of sub-section (1)
(hereinafter refferred to as “the purchaser”), he shall within thirty days from
the date of the purchase of the land for a bonafide industrial purpose, send a
notice of such purchase in such form alongwith such other particulars as may
be prescribed, to the Collector and endorse a copy thereof to the Mamlatdar.
1 [(aa) Where the purchaser fails to send the notice and other particulars
to the Collector under clause (a) within the period specified therein, he shall be
liable to pay in addition to the non-agricultural assessment leviable under this
Act, after one month from the date of such purchase, such fine of one per cent.
of the prevailing jantri every month, as the Collector may, subject to rules made
under this Act, direct];
2[(b) the purchaser to whom a certificate is issued under sub-clause (i) of
clause (c) of sub-section (3) shall commence production of goods or providing
of services within five years from such date of certificate:
Provided that the period of five years may, on an application made by the
purchaser in that behalf be extended by two years by the Collector as it may by
an order in writing in such circumstances as may be prescribed:
Provided further that the Collector shall not extend such period for more
than a period of one year at a time:
3[Provided also that such aggregate period of seven years may, on application
made by the purchaser in that behalf and on payment of 20 per cent. of the prevailing
jantri value, be extended by another three years by the State Government and
thereafter, be extended by the State Government for time to time for further
periods on payment of 20 per cent. of the prevailing jantri for every three years.]]
(c) Where, on receipt of the notice of the date of purchase for the use of
land for a bonafide industrial purpose and other particulars sent by the purchaser
under clause (a), the Collector, after making such inquiry as he deems fit—
(i) is satisfied that the purchaser of such land has validly purchased the
land for a bonafide industrial purpose in conformity with the provisions of sub-
section (1), he shall issue a certificate to that effect to the purchaser in such form
and within such time as may be prescribed.
(ii) is not so satisfied, he shall, after giving the purchaser an opportunity
of being heard, refuse to issue such certificate and on such refusal, the sale of
land to the purchaser shall be deemed to be in contravention of section 54.
(d) (i) The purchaser aggrieved by the refusal to issue a certificate by
the Collector under sub-clause (ii) of clause (c) may file an appeal to the State
Government or such officer, as it may, by an order in writing, authorise in this
behalf.
(ii) The State Government or the authorised officer, shall, after giving the
appellant an opportunity of being heard, pass such order on the appeal as it or
he deems fit.
1. Clause (aa) was inserted by Guj. 18 of 2019, s. 5 (1) (a).
2. Clause (b) was substituted by Guj. 28 of 2015, s. 6 (2).
3. This proviso was substituted by Guj. 18 of 2019, s. 5 (1) (b).
Bom. V of 1879.
10 Saurashtra Gharkhed, Tenancy Settlement and
Agricultural Lands Ordinance, 1949. [ 1949 : Sau Ord. XLI
(3) (a) The purchaser shall comply with the provisions of any law for the time
being in force or any order or direction of the Central Government or State Government
or any Corporation owned or controlled by such Government, Government Company,
local authority or statutory authority in relation to use of land for industrial purpose
before the land is put to use for such purpose.
(b) The purchaser to whom a certificate is issued under sub clause (i) of clause
(c) of sub-section (2) shall commence industrial activity on such land within three
years from the date of certificate and commence production of goods or providing of
services within five years from such date:
Provided that the period of three years or, as the case may be five years may, on
an application made by the purchaser in that behalf, be extended from time to time,
by the State Government or such officer, as it may, by an order in writing, authorise
in this behalf, in such circumstances as may be prescribed:
1[Provided further that where the land is sold to a purchaser which is a company
as defined by clause (20) of section 2 of the Companies Act, 2013, it may offer the
equity shares of the company, to the person by whom such land is being sold, in lieu
of the sale price of such land and if such person is in agreement for accepting such
equity shares, either in full or partly, then it shall be incumbent upon such company to
allot such equity shares of equivalent amount, either in full or partly, to such person.]
2[(3A) In case where the purchase fails to commence the production of goods
or providing of services within three years from the date of certificate issued under
sub-clause (ii) of clause (c) of sub-section (2) or thereafter, the Collector may, after
an application is made to him in that behalf grant permission by an order for sale or
transfer of such land:
3[Provided that such permission shall be granted by the Collector only upon the
payment of-
(a) 100 per cent. of the prevailing jantri value, if the application is made after
a period of three years but before completion of a period of five years from the date
of certificate as referred to in sub-clause (i) of clause (c) of sub-section (2);
(b) 60 per cent. of the prevailing Jantri value, if the application is made after
a period of five years but before the completion of a period of seven years from the
date of certificate as referred to in sub-clause (i) of clause (c) of sub-section (2);
(c) 30 per cent. of the prevaling jantri value, if the application is made after a
period of seven years but before compltion of a period of ten years from the date of
certificate as referred to in sub-clause (i) of clause (c) of sub-section (2);
(d) 25 per cent. of the prevailing jantri value if the application is made beyond
ten years:
Provided however that,-
(i) such permi ssion for sale of such land shall be granted only for the
bonafide industrial purpose and in case the industrial purpose usage is not
permissible under the Common General Development Control Regulations,
such permission shall be granted only for the purpose of use of such land as per
the zone declared in the Common General Development Control Regulations;
(ii) clauses (a) to (d) shall not apply in the cases of the land which is
purchased for bonafide industrial purpose and which needs to be transferred
in the case of merger, amalgamation, joint venture, subsidiary company, group
company and associate company, conversion of partnership in the company and
vice versa or into limited liability partnership, change in partners but in such
cases permission shall be granted after charging of 10 per cent. of the prevailing
jantri value;
1. This proviso was inserted by Guj. 28 of 2015, s. 6(1).
2. Sub-sections (3A) and (3B) were inserted by Guj. 28 of 2015, s.6(3).
3. This proviso was substituted by Guj. 13 of 2020, s.4(1)
1949 : Sau Ord. XLI] Saurashtra Gharkhed, Tenancy Settlement and
Agricultural Lands Ordinance, 1949. 11
( iii) clauses (a) to (d) shall not apply in the cases of the land which is purchased
for bonafide industrial purpose and which needs to be transferred in the case of
acquisition of assets of industrial unit under order of Debt Recovery Tribunal/National
Company Law Tribunal/ Liquidator/ Financial Institutions auction, subject to the
condition that such transfer is ordered by such Court/Authority but in such cases the
purchaser shall apply for permission within 60 days from the date of transfer of assets
by authority and such permission shall be granted after charging of 10 per cent. of the
prevailing jantri value;]
(iv) i f any bonafide industrial user fails to take such permission within a period
as specified in clause (iii) above, the Collector shall grant permission by charging of
20 Per cent. of the prevailing jantri value.]
( 3B) Notwithstanding anything contained in sub-section (3) or sub-section (3A),—
(i) where the land is sold to a person in pursuance of sub-section (1) for the
purpose of establishing an industrial park in consonance with the policy and conditions
of the State Government in that behalf, the purchaser shall fulfill all the conditions in
such manner and within such period as may be prescribed;
(ii ) the purchaser shall be required to obtain certificate/certificates from the
Industries Commissioner, Gujarat State, in the manner as may be presExcerpt shown. Open the full act in Lexace.