The Saurashtra Prohibition of Leases of Agricultural Lands Act, 1953

THE SAURASHTRA PROHIBITION Of LEASES OF AGRICULTURAL LANDS ACT, 1953 
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GOVERNMENT OF GUJARAT 
 
 
 
 
 
 
 
 
 
 
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT 
 
 
 
 
 
 
 
 
 
 
Saurashtra Act No. XXIII of 1953 
 
 
 
 
 
 
 
 
 
 
 
THE SAURASHTRA PROHIBITION Of 
LEASES OF AGRICULTURAL 
LANDS ACT, 1953 
 
 
 
 
 
 
 
 
(As modified upto the 31st December, 2005) 
 
 
 
THE SAURASHTRA PROHIBITION Of LEASES OF AGRICULTURAL LANDS ACT, 1953 
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THE SAURASHTRA PROHIBITION OF LEASES OF AGRICULTURAL 
LANDS ACT, 1953 
 
CONTENTS 
Preamble. 
 
Sections.        Page No. 
CHAPTER-I 
Preliminary 
 
1. Short title, extent and commencement. 
 
2. Definitions. 
 
3. Act to override other laws. 
 
4. Registration of leases. 
 
CHAPTER-II 
Prohibition of lease of agricultural lands. 
 
5. (i) Prohibition of lease; occupant to cultivate personally, 3 (ii) Lease in 
contravention of sub-section (1) void. 3 
 
6. Penalty for contravention of sub-section (1) of section 5. 
 
7. Exception. 
 
8. Summary eviction. 
 
9. Saving as to certain tenants. 
 
CHAPTER-III 
Procedure and jurisdiction of revenue officers and the Tribunal. 
 
10. Notice by Mamlatdar regarding contravention of the provisions of this Act. 
 
11. Enquiry by Mamlatdar. 
 
12. Appeal. 
 
13. Revision. 
 
14. Limitations. 
 
15. Court fees. 
 
16. Inquiries and proceedings to be judicial proceedings. 
 
CHAPTER IV 
Miscellaneous. 
 
17. Bar of jurisdiction. 
 
18. Control. 
 
19. Indemnity. 
 
20. Act not to apply to certain lands and areas. 
 
21. Rules. 
THE SAURASHTRA PROHIBITION Of LEASES OF AGRICULTURAL LANDS ACT, 1953 
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ACT No. XXIII OF 1953.∗ 
 
[THE SAURASHTRA PROHIBITION OF LEASES OF AGRICULTURAL 
LANDS ACT, 1953. ] 
 
[First published in the Gazette on 19th October, 1953]. 
 
Amended by Saurashtra Act No. XXIX of 1954. 
Amended by Saurashtra Act No. XXXVIII of 1955. 
Amended by Bombay Act No. XV of 1958. 
 
An Act to provide for the prohibition of leases of agricultural lands. 
 
WHEREAS on the abolition of Girasdari and Barkhali systems in Saurashtra, 
the intermediate interests as between the States and the cultivators ar e disappearing 
and direct relationship is being established between the State and the cultivators; and 
 
WHEREAS the system of leasing agricultural Khalsa land and thereby 
creating a class of subordinate holders thereon has not yet come into existence to an y 
appreciable extent; and 
 
WHEREAS it is expedient in the interest of the general public to ensure that 
no intermediate interests hereafter appear and direct relationship between the State 
and the cultivators is created and maintained and to provide for ce rtain other matters 
incidental thereto: 
 
It is hereby enacted as follows :- 
 
CHAPTER-I 
Preliminary. 
 
1. (1) This Act may be called the Saurashtra Prohibi tion of Leases of 
Agricultural Lands Act, 1953. 
 
(2) It extends to the whole of the State of Saurashtra. 
 
(3) This Act shall come into force at once. 
 
2. In this Act, unless the context otherwise requires- 
 
(1) "agricultural land" means any land which is used for the purpose of 
agriculture; 
 
(2) "Code" mea ns the Bombay Land Revenue Code, 1879, as adapted and 
applied to the State; 
 
(3) "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-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;
 
 
(4) "occupancy" means a parcel or parcels of agricul tural land held by an 
occupant ; 
Short title, extent 
and 
commencement. 
Definitions. 
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(5) "occupant" means an occupant as defined in the Code and includ es a 
mortgagee in possession of such occupancy ; 
 
(6) "Tribunal" means the Saurashtra Revenue Tribunal; 
 
(7) words and expressions used, but not defined in this Act, 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 there  under shall have effect, notwithstanding 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, agreements, 
settlement, grant, sanad, or any decree or order of any court or other authority. 
 
4. (1) Every occupant who has leased his occupancy or part thereof, prior to the 
coming into force of this Act, shall 
1[on or before 1st September, 1954] get 
such lease, if subsisting on the date of coming into force of this Act, 
registered with a revenue officer not below the rank of a Mahalkari, 
furnishing such particulars as may be prescribed by Government. 
 
(2) No lease, other than a lease which has been registered under sub-section 
(1), shall be recognised as such and the provisions of section 6 shall apply to 
such lease as if it were granted in contravention of section 5. 
 
CHAPTER-II 
Prohibition of lease of agricultural lands. 
 
5. (1) On and after the date on which this Act comes into force, an occupant 
shall not, save as otherwise expressly provided by or under this Act, lease to 
any person, or renew any lease registered under sub-section (1) of section 4 in 
respect of his occupancy but he shall cultivate it personally. 
 
(2) Any lease granted or renewed, whether by an instrument, or an oral 
agreement, in contravention of the provisions of sub-section (1) shall be void. 
 
6. (1) Any occupant who contravenes the provisions of sub-section (1) of 
section 5, shall, on conviction, be punishable with fine which may extend to- 
 
(i) in the case of contravention for the first time, an amount equal to 
six times the assessment ; 
 
(ii) in the case of contravention for the second time, an amount equal 
to twelve times the assessment ; 
 
(iii) in the case of contravention for more than two times, an amount 
equal to twenty times the assessment. 
 
(2)   2[*  *   *   *  *] 
 
Explanation-For the purposes of this section, "assessment" shall mean 
the assessment leviable at full, and not reduced, rate on the occupancy in 
respect of which the provisions of subsection (1) of section 5 are contravened. 
 
7. Nothing contained in sub-section (2) of section 4 and sections 5 and 6 shall apply 
to an occupant who is a widow, a minor, subject  to any physical or mental disability 
or a member of the armed forces. 
 
8. Any person unauthorisedly occupying or being wrong fully in possession of any 
occupancy- 
 
(a) the transfer of which either by the act of the parties or by the operation of 
Act to over 
ride other 
laws. 
Registration of 
leases. 
Prohibition of lease; 
occupant to cultivate 
personally 
Lease in con-
travention of sub-
section (1) void. 
Penalty for 
contravention of 
sub-section (1) of 
section 5. 
Exception. 
Summary eviction. 
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law, is invalid under the provisions of this Act; or 
 
(b) to the use and occupation of which he is not enti tled under the said 
provisions; may be summarily evicted 3[by the Collector or by any officer not 
below the rank of a Deputy Collector au thorised by the Collector in this 
behalf]. 
 
9. Nothing contained in sub-section (2) of section 4 and sections 5 and 6 shall affect 
the operation of the provisions of Chapter III of the Saurashtra Land Reforms Act, 
1951. 
 
CHAPTER-III 
Procedure and jurisdiction of revenue officers and the Tribunal. 
 
10. If, on a report received from a revenue officer, or on information received in any 
manner whatsoever, it  appears to the Mamlatdar that any person has contravened 4[
 * * * * * * ] the provisions of this Act, the 
Mamlatdar may cause a notice to be served on such person, in such manner as may be 
prescribed, to show cause why he should not be proceeded against a s provided for in 
section 6.
 
 
11. If, after hearing the person on whom a notice is served under section 10 and after 
making such further inquiries as are considered necessary, the Mamlatdar is satisfied 
that the provisions of this Act  are contravened in respect of any occu pancy, he shall 
pass an order imposing such penalty as he considers necessary, under the provisions 
of section 6. 
 
12. An appeal against any order passed by a Mamlatdar under section 11 shall lie to 
the Collector. 
 
13. An application for revision against any order passed by a Collector under section 
12 shall lie to the Tribunal. 
 
14. Every appeal or application for revision shall be filed within a period of 60 days 
from the date of the order of the Mamlatdar or Collector, as the case may be. The 
provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply 
to the filing of such appeal or application for revision. 
 
15. Every appeal or application for rev ision under this Act shall bear a court fee 
stamp of such value as may be prescribed. 
 
16. All inquires and proceedings before the Mamlatdar, the Collector or the Tribunal 
shall be deemed to be judicial proceedings within the meaning of sections 193, 219 
and 228 of the Indian Penal Code, 1860. 
 
CHAPTER-IV 
Miscellaneous. 
 
17. (1) No civil court shall have jurisdiction to settle, decide or deal with any 
question which is, by or under this Act, required to be settled, decided or dealt 
with by a Mamlatdar, a Collector or the Tribunal in appeal or revision or the 
Government in exercise of their powers of control. 
 
(2) No order of the Mamlatdar, the Collector, the Tri bunal or the 
Government, made under this Act, shall be questioned in any civil or criminal 
court. 
 
Explanation-For the purposes of this section a civil court shall include 
a Mamlatdar's Court constituted under the Saurashtra Mamlatdars' Courts 
Ordinance, 1948.
 
 
 
Saving as to certain 
tenants. 
Notice by Mamlatdar 
regarding 
contravention of the 
provisions of this Act. 
Enquiry by Mamlatdar. 
Appeal. 
Revision. 
Limitation. 
Court Fees. 
Inquires and 
proceedings to be 
judicial 
proceedings. 
Bar of jurisdiction. 
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18. In all matters connected with this Act, the Government shall have the same 
authority and control over the Mamlatdars and the Collectors acting under this Act as 
they have and exercise over them in the general and revenue administration. 
 
19. No suit or other legal proceedings shall lie against any person in respect of 
anything which is in good faith done or intended to be done under this Act. 
 
20. (1) Nothing in this Act shall apply - 
 
(a) to agricultural land held on lease from the Government, or a local 
authority; 
 
(b) to agricultural lands held on lease for the benefit of an industrial 
or commercial undertaking; 
 
(c) to any land reserved as Gharkhed by, or allotted for personal 
cultivation to, a Gira sdar or a Barkhalidar under the provisions of the 
Saurashtra Land Reforms Act, 1951, or the Saurashtra Barkhali 
Abolition Act, 1951, upto the Akhatrij of Samvat year 
5[ 6[2016;] 
 
(d) to any area or class of land which the Government may, from time 
to time , having regard to the local conditions, the situation or 
prevailing circum stances in that area in respect of that class of land, 
think it necessary, by notification in the Official Gazette, specify. 
 
(2) Notwithstanding anything contained in sub-section  (1), the Government 
may, from time to time having regard to the local conditions, the situation or 
prevailing circumstances in the area, in respect of particular agricultural lands 
or class of land, direct that such area or particular agricultural lands or class 
of land shall not be exempt from all or any of the provisions of this Act. 
 
21. (1) The Government may make rules for carrying out the purposes of this 
Act. 
 
(2) In particular and without prejudice to the generality of the foregoing 
provisions, such rules may provide for all or any of the following matters, 
namely :- 
 
(a) the particulars to be furnished under section 4; 
 
(b) the manner of issuing notice under section 10; 
 
(c) the procedure to be followed by the Mamlatdar, the Collector and 
the Tribunal under sections 11, 12 and 13 respectively ; 
 
(d) the value of the court fee stamp payable on an appeal to the 
Collector and application for revision to the Tribunal under section 
15; 
 
(e) any other matter which has to be, or may be, prescribed under this 
Act. 
 
 
------------------ 
Control. 
Indemnity. 
Act not to apply to 
certain lands and 
areas. 
Rules. 
THE SAURASHTRA PROHIBITION Of LEASES OF AGRICULTURAL LANDS ACT, 1953 
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∗ For Statement of Objects and Reasons, see Saurashtra Government Gazette, 1952, part LA, 
pages 835-836. 
1 These words and figures were substituted for the words "within six months from the date of the 
coming into force of this Act" by Saurashtra Act No. XXIX of 1954, S.2. 
2 This sub-section was omitted by Saurashtra Act No. XXIX of 1954, S.3. 
3 These words were added for the words "by the Collector" by Saurashtra Act No. XXIX of 1954, 
s.4. 
4 The words and comma "or abetted the contravention of " were omitted, by Saurashtra Act No. 
XXIX of 1954, s. 5. 
5 These figures were substituted for the figures "2012" by Saurashtra Act No. XXXVIII of 1955, 
s.2. 
6 These figures were substituted for the figures "2014" by Bombay Act No. XV of 1958, s.2. 

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