Gujarat · Act 5 of 1879

The Gujarat Land Revenue Code, 1879

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                                             GOVERNMENT OF GUJARAT
                                LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT




                                     BOMBAY ACT No. V OF 1879


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                               The Gujarat Land Revenue Code, 1879
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                                             (As modified upto 21st April, 2017)
(G.P.V.)-H-2052-3815-4-2017.




                               PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS, VADODARA,
                                     PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING,
                                                AND STATIONERY, GUJARAT STATE,
                                                            2017

                                                       [ Price ` 85-00 ]
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1879 : Bom. V ]         Gujarat Land Revenue Code, 1879              i




                                   âˆØ×ðß ÁØÌð


                     GOVERNMENT OF GUJARAT
        LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT




              BOMBAY ACT No. V OF 1879


                                                      e
                                                  od
                                                 aC

     The Gujarat Land Revenue Code, 1879
                                        di
                                   In




                    (As modified upto 21st April, 2017)




      PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS, VADODARA,
            PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING,
                       AND STATIONERY, GUJARAT STATE,
                                   2017

                              [ Price ` 85-00 ]

H-2052—(i)
ii   Gujarat Land Revenue Code, 1879   [1879 : Bom. V




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1879 : Bom. V ]                         Gujarat Land Revenue Code, 1879                                       i
                                  THE GUJARAT LAND REVENUE CODE, 1879.


                                                       CONTENTS.


Preamble.

Sections.                                                                                          Page No.

                                                      CHAPTER I.

                                                       Preliminary.

1.      Short Title.                                                                                  3

        Local extent.                                                                                 3

2.      [ Repealed. ]                                                                                 3

3.      Interpretation section.                                                                       3

                                                      CHAPTER II.

                          CONSTITUTION AND POWERS OF REVENUE OFFICERS.




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4.      Chief controlling authority in revenue matters.                                               6

5.      [Deleted.]                                                       od                           6
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6.      [Deleted.]                                                                                    6
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6A.     [Deleted.]                                                                                    6
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6B.     [Deleted.]                                                                                    6

6C.     [Deleted.]                                                                                    6

7.      Division to be divided into districts.                                                        7

        A district to consist of talukas comprising such mahals and villages as State Government
        may direct.

7A.     Power of State Government to alter limits of, or to amalgamate or constitute villages.        7

8.      Collector of the district.                                                                    7

8A.     Additional Collectors.                                                                        7

9.      Assistant and Deputy Collector;                                                               8

        to be subordinate to the Collector.                                                           8

10.     Their duties and powers.                                                                      8

11.     Collector of the district in case of temporary vacancy.                                       8

12.     The Mamlatdar;                                                                                9

        His appointment.                                                                              9

        His duties and powers.                                                                        9

12A.    Additional Mamlatdars.                                                                        9

13.     The Mahalkari;                                                                                9

        His duties and powers.                                                                        9
ii                                     Gujarat Land Revenue Code, 1879                          [1879 : Bom. V
Sections.                                                                                                  Page No.

14.     Mamlatdar or Mahalkari may depute subordinates to perform certain of his duties.                      10

15.     Mamlatdar or Mahalkari in case of temporary vacancy.                                                  10

16.     Appointment of village accountant and stipendiary patel.                                              10

17.     Village Accountant to keep such records as he may be required to keep by the Collector;               10

        and to prepare public writings.                                                                       11

18.     Survey Officers;                                                                                      11

        their duties and powers.

19.     Combination of offices.                                                                               11

20.     Certain  officers’ appointments to be notified.                                                       11

        Acting appointments.

21.     [Omitted.]                                                                                            11




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22.     Seals.                                                                                                11

                                                     CHAPTER III.         od
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            OF THE SECURITY TO BE FURNISHED BY CERTAIN REVENUE OFFICERS AND THE
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                                   LIABILITY OF PRINCIPALS AND SURETIES.
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23.     [Omitted.]                                                                                            12

24.     [Omitted.]                                                                                            12

25.     Demands for money, papers, etc., to be made known in writing to the person concerned;

        who may be arrested and confined in jail if he fails to produce them :

        Provided that no person shall be kept in confinement for more than a month.

26.     Public moneys may also be recovered as arrears of revenue; and search warrant may be                  12

        issued for recovery of papers or property.

        Persons in possession of public moneys, etc., bound to give them up.

27.     Surety to be liable in the same manner as principal.                                                  13

        Extent of liability.

        Sureties not liable to imprisonment, if penalty be paid.

28.     An officer or surety in jail may, by furnishing certain security, obtain his release.                 13

29.     Liability of surety not affected by death of principal or by his taking a different appointment.      13

        Liability of heirs of deceased officer.                                                               13

30.     How surety may withdraw from further liability.                                                       13
1879 : Bom. V ]                        Gujarat Land Revenue Code, 1879                                              iii
Sections.                                                                                                      Page No.

                                               CHAPTER IV.

 [OF CERTAIN ACTS PROHIBITED TO REVENUE OFFICERS, AND OF THEIR PUNISHMENT

                                   FOR MISCONDUCT.] [OMITTED.]

                                                CHAPTER V.

                                   OF LANDS AND LAND REVENUE.

37.     All public roads, etc., and all lands which are not the property of others belong to the Government.         14

37A.    Extinction of rights of public and individuals in or over any public road, lane or path not                  15
        required for use of public.

38.     Lands may be assigned for special purposes and when assigned shall not be otherwise used                     16
        without sanction of the Collector.

39.     Regulation of use of pasturage.                                                                              17

39A.    Recovering value of natural products unathourizedly removed from certain lands.                              17




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40.
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        Concession of Government rights to trees in case of settlements completed
        before the passing of this Act.
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        Concession of Government rights to trees in case of settlements completed after the passing of this Act.
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        Concession of Government rights to trees in case of land taken up after completion of settlement.
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41.     Trees and forests vesting in the Government.                                                                 18

42.     Road side trees.                                                                                             18

43.     Recovery of value of trees, etc., unauthorizedly appropriated.                                               18

44.     Regulation of supply of  fire wood and timber for domestic or other purposes.                                19

45.     All land liable to pay revenue unless specially exempted.                                                    19

        And special exemption may in case of necessity be overruled for a time.

46.     Liability of alluvial lands to land revenue.                                                                 20

47.     Assessment of land revenue in cases of diluvion.                                                             20

48.     Manner of assessment and alteration of assessment.                                                           20

        Prohibition of use of land for certain purposes.

49.     Commuted assessment of land indirectly taxed to the State.                                                   21

        And of land liable to occassional assessment.

50.     Superior holder may recover commuted assessment from inferior holder.                                        21
iv                                      Gujarat Land Revenue Code, 1879                        [1879 : Bom. V
Sections.                                                                                               Page No.

51.     Excess of assessment may be laid on land inadequately assessed held with it.                         21

52.     Assessment by whom to be fixed.                                                                      22

        [Deleted]

53      Register of alienated lands.                                                                         23

54.     Settlement of assessment to be made with the holder directly from State Government.                  23

55.     Rates for the use of water.                                                                          23

56.     Land revenue to be a paramount charge on the land.                                                   23

57.     Forfeited holdings may be taken possession of and otherwise disposed.                                24

58.     Receipts.                                                                                            24

59.     Penalty for failure to grant receipts.                                                               24




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                OF THE GRANT, USE AND RELINQUISHMENT OF UNALIENATED LAND.
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60.     Written permission of Mamalatdar or Mahalkari required previous to taking up unoccupied land.        25
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61.     Penalties for unauthorized occupation of land.                                                       25

62.     Unoccupied land may be granted on conditions.                                                        26

63.     Grant of alluvial land vesting in the Government.                                                    26

64.     Temporary right to alluvial lands of small extent.                                                   26

65.     Uses to which occupant of land for purposes of agriculture may put his land.                         26


        Procedure if occupant wishes to apply his land to any other purpose.

65A.    Procedure if occupant wishes to apply his land from one non-agricultural purpose to another          28
        non-agricultural purpose or for other different non-agricultural purposes
65B		 Use of certain lands for bonafide industrial Purpose.					                                             28


66.     Penalty for using land without permission.                                                           31

67.     Permission may be granted on terms.                                                                  31

67A.    Payment of conversion tax by occupant for charge of use of land in certain areas.                    31

68.     Occupant’s rights are conditional.                                                                   34

        Proviso.

69.     Reservation of rights of the Government to mines and mineral products.                               34
1879 : Bom. V ]                          Gujarat Land Revenue Code, 1879                                         v

         Proviso                                                                                                 34
69A.     Vesting of rights to Mines and Mineral Products in the State Government.                                34

70.      Occupancy when not liable to process of Civil Court; the Court to give effect to                        35
         Collector’s certificate.

71.      [Repealed.]                                                                                             36

72.      Intestate occupancy or holding to be sold.                                                              36

73.      Occupancy to be transferable and heritable.                                                             36

73A.     Power to restrict right of transfer.                                                                    36

73AA. Restriction on transfer of occupancies of tribals to tribals or non-tribals.                               37

73AB. Rights of occupant to mortgage his occupancy in, favour of State Government and certain institution.       39

73AC. Bar of jurisdiction of Civil Courts.                                                                       39

73AD. Restriction on registration of documents.                                                                  39




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73B.     Payment of primium for sanctioning transfer or partition of occupancy.                                  40

74.      Relinquishment.                                                                                         40
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75.      [Repealed.]                                                                                             40
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76.      Relinquishment of land described in paragraph 1 of section 49.                                          40
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         Relinquishment of land described in section 51.                                                         40

77.      Right of way to Relinquished land.                                                                      40

78.      Saving of operation of section 74 in certain cases.                                                     40

79.      [Repealed.]                                                                                             41

79A.     Summary eviction of person unauthorizedly occupying land.                                               41

80.      To prevent forfeiture of occupancy, certain persons other than the occupant may pay the land revenue.

         Collector may assist such persons in recovering the revenue from other parties liable therefor.         41

         Proviso.                                                                                                41

81.      [Repealed.]                                                                                             42

82.      Provincial Government empowered to suspend operation of section 60 or 74.                               42

                                                      CHAPTER VII.

                                     OF SUPERIOR AND INFERIOR HOLDERS.

83.      Amount of rent payable by tenant.                                                                       42

         Duration of tanancy.

         Presumption as to tenure.

         Saving clause.
vi                                     Gujarat Land Revenue Code, 1879                            [1879 : Bom. V
Sections.                                                                                                  Page No.

84.     Annual tenancy terminates on the 31st March.                                                            43

        Three months’ notice of termination of tanancy to be given by landlord to tenant, or vice versa.

84-IA. Sections 83 and 84 not to apply to certain tenancies.                                                    43

84-A.   Order granting suspensions or remissions to inferior holders.                                           43

        Such order not to be questioned in any Court.                                                           43

        Consequences following on such order.

        Crop- share fixed by custom or agreement.

        Meaning of assessment.                                                                                  44

85.     Recovery of superior holders’ due.                                                                      44

86.     Superior holders entitled to assistance in recovery of dues from inferior holders, etc.                 45

        But Application must be made within the revenue year or within the year of tenancy.




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87.     The Collector how to proceed on such application being made.
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        Assistance may be refused or granted to a limited extent only.
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        Civil suit not to be barred.
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88.     [Repealed.]                                                                                             45

89.     [Repealed.]                                                                                             45

90.     [Repealed.]                                                                                             45

91.     [Repealed.]                                                                                             45

92.     [Repealed.]                                                                                             46

93.     [Repealed.]                                                                                             46

94.     [Repealed.]                                                                                             46

94A.    Recovery as revenue demand of dues of certain superior holders for specified period.                    46

                                                   CHAPTER VIII

                 OF SURVEYS, ASSESSMENTS AND SETTLEMENTS OF LAND REVENUE.

95.     Revenue survey may be introduced by State Government into any part of Presidency.

        Control of revenue survey.                                                                              47

96.     Survey officer may require, by general notice or by summons suitable service from holders               47

        of land, etc.
1879 : Bom. V ]                         Gujarat Land Revenue Code, 1879                                     vii
Sections.                                                                                              Page No.

97.     Assistance to be given by holders and others  in the measurement or classification of lands.        47

98.     Survey numbers not to be less than a certain extent.                                                47

        Exception.                                                                                          47


99.     [Repealed.]                                                                                         48

100.    [Repealed.]                                                                                         48

101.    [Repealed.]                                                                                         48

102.    [Repealed.]                                                                                         48

103.    [Repealed.]                                                                                         48

104.    [Repealed.]                                                                                         48

105.    The  fixing of  assessment under  section 102  limited  to ordinary land revenue.                   48




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106.    State Government may direct a fresh survey and revision of assessment.                              48

107.    [Repealed.]                                                    od                                   48
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108.    Preparation of statistical and fiscal records.                                                      48
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109.    [Repealed.]                                                                                         49
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110.    [Repealed.]                                                                                         49

111.    Revenue management of villages or estates not belonging to the Government that may                  49
            be temporarily under the management of State Government.

112.    Maintenance of existing settlements of land revenue.                                                49

113.    Partition                                                                                           49

114.    [Repealed.]                                                                                         49

115.    [Repealed.]                                                                                         49

116.    Division of survey numbers into new survey numbers.                                                 49

117.    Bombay Act V of 1862 not affected.                                                                  50

117A.   Division of survey numbers into sub-divisions.                                                      50

117B.   Provisions applicable on relinquishment or forfeiture of a sub-division.                            50

                                                   CHAPTER VIII A.

             ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF AGRICULTURAL LAND.

117C.   Interpretation section.                                                                             50

117D.   Government may direct an original or revision settlement of land revenue of lands                   51
        comprised in a revenue survey.
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viii                                      Gujarat Land Revenue Code, 1879                         [1879 : Bom. V
Sections.                                                                                                 Page No.

117E.    The term of settlement.                                                                               52

117F.    [Deleted.]                                                                                            52

117G.    Assessment how determined.                                                                            52

117H.    Increased in value due to improvements at the expense of holders not to be taken into account.        53

117-I.   Settlement Officer how to proceed for making a settlement.                                            53

117J.    Settlement report to be printed and published.                                                        53

117K.    Submission  to Government of  settlement report  with  statement of objections, etc.                  53
         and Collector’s opinion thereon.

117KK. Reference to Revenue Tribunal.                                                                          54

117L.    Settlement report to be laid on table of Legislature and copies to be supplied to the members         54
            of each Chamber.




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         Orders on the Settlement Report.
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117M. Power of State Government to place surcharge or grant rebate after every ten years.                      54
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117N.    Power to Government to exempt from assessment for water advantages.                                   54
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117-O. Introduction of settlement.                                                                             55

117P.    Assessment of lands wholly exempt from payment of land revenue.                                       55

117Q.    Power to Government to direct assessment for water advantages.                                        55

117R.    Settlements made before this Act to be deemed to be made under this chapter.                          55

                                                         CHAPTER IX.

         THE SETTLEMENT OF BOUNDARIES AND THE CONSTRUCTION AND MAINTENANCE

                                                  OF BOUNDARY MARKS.

118.     Determination of village-boundaries.                                                                  56

         Village boundaries may be settled by agreement.

         Procedure in case of disagreement or dispute.

119.     Determination of field-boundaries.                                                                    56

120.     Settlement of boundary disputes by arbitration.                                                       57

         When award may be remitted for reconsideration.

         If  arbitration  fail,  survey officer to settle dispute.

121.     Effect of the settlement of a boundary.                                                               57
1879 : Bom. V ]                         Gujarat Land Revenue Code, 1879                                     ix
Sections.                                                                                            Page No.

122.    Construction and repair of boundary-marks of survey numbers and villages.                           57

        Requisition on landholders to erect or repair boundary-marks.

        A general notification to be good and sufficient notice of requisition.

        Description of boundary-marks.

123.    Responsibility for the maintenance of boundary-marks.                                               58


124.    Collector to have charge of boundary marks after introduction of the survey settlement.             58

125.    Penalty for injurying boundary-marks.                                                               58

                                                   CHAPTER IX-A.

                                  OF LANDS WITHIN TRANSITIONNAL AREAS.

125A.   Interpretation section                                                                              58

125B.   Limits of village sites of towns and cities and transitional  areas  how to be fixed                59




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125C.   Introduction of Supplemental Revenue Settlement.                                                    60

125D.   Appointment of Revenue Officers                                 od                                  60
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125E.   Process to be followed for Supplemental Revenue Settlement                                          60
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125F.   Of compounding fee for violations and Exclusions from Supplemental Revenue Settlement               60
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125G.   Public notice by revenue officer.                                                                   61

125H.   Application by claimant.                                                                            61

125I.   Notice to claimants by authorised revenue Officer.                                                  61

125J.   Notice for inviting objections by Revenue Officer.                                                  62

125K.   Decision of Authorised Revenue Officer and Determination of  Supplemental Revenue Settlement Fee.   62

125L.   Issue of certificate of claim by authorised revenue officer.                                        62

125M. Appeal.                                                                                               62

125N.   Revision.                                                                                           63

125O.   Bar of jurisdiction of civil courts.                                                                63

125P.   Indemnity.                                                                                          63

125Q.   Superintendence and Control of the Settlement Commissioner over Collectors and other Revenue Officers.63

125R.   Power of Settlement Commissioner to prescribe registers, forms etc.                                 63

125S.   Direction to Collector.                                                                             63

125T.   Chapter IX-A to have overriding effect.                                                             63

125U.   Power to remove difficulties.                                                                       64


		
x                                         Gujarat Land Revenue Code, 1879                        [1879 : Bom. V


                                                        CHAPTER X.

                          OF LANDS WITHIN THE SITES OF VILLAGES, TOWNS AND CITIES.

126.     Limits of sites of villages, towns and cities how to be fixed.                                      64

127.     Act XI of 1852 and Bombay Acts II and VII of 1863 how far applicable to lands                       64

         in such sites.

128.     Existing exemption when to be continued in case of certain lands in towns and cities in which       65
         Bombay Act IV of 1868 has been in operation.

129.     Right to exemption to be determined by the Collector.                                               65

130.     Occupancy price payable, in addition to assessment in certain cases.                                65

131.     Survey of lands in such sites how to be conducted.                                                  66

         Proviso.

132.     In certain cases a survey-fee to be charged.                                                        66




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133.     Sanad to be granted without extra charge.                                                           66
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         Proviso.

133A.    Claim for entry in Record of Rights.                                                                66
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134.     Assessment of lands hitherto used for purpose of agriculture only used for other purposes.          67

135.     [Repealed.]                                                                                         67

                                                      CHAPTER X-A.

                                                OF THE RECORD OF RIGHTS.

135A.    Exemption from provisions of this chapter.                                                          67

135B.    Record of rights.                                                                                   67

135C.    Acquisition of rights to be reported.                                                               67

135D.    Register of mutations and register of disputed cases.                                               68

135E.    Obligation to furnish information.                                                                  69

135F.    Penalty for neglect to afford information.                                                          69

135G.    Requisition of assistance in preparation of maps.                                                   69

135H.    Certified copy of record to be annexed to plaint or application.                                    69

135-I.   [Deleted]                                                                                           70

135J.    Presumption of correctness of entries in record of rights and register of mutaions.                 70

135K.    Certified copies.                                                                                   70

135L.    Bar of suits and exclusion of Chapter XIII.                                                         71

         Appeal.
1879 : Bom. V ]                        Gujarat Land Revenue Code, 1879                                         xi




                                                     CHAPTER X-B.

                                      OF THE AGRICULTURIST PASS BOOK.

135LL. Application.                                                                                            71

135M. Preparation and supply of agriculturist pass-book.                                                       71

135N.   Agriculturist  pass-book to  accompany application for financial assistance.                           72

135-O. Entries in agriculturist pass-book by bank.                                                             72

135-OO. Document for registration of transfer of agricultural land to accompany the agriculturist pass-book.   73

135-OOO.Responsibility of compentent authority.                                                                73

135P.   Agriculturist pass-book to be kept up-to-date.                                                         73

135Q.   Duplicate agriculturist pass-book to be kept up-to-date.                                               73




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135R.   Mode of proof of entries in agriculturist pass-book.
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135S.   Penalty for contravention of section 135P.                                                             74
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135T.   Penalty for unauthorised alteration in pass-book or furnishing false information.                      74
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                                                     CHAPTER XI.

          OF THE REALIZATION OF THE LAND REVENUE AND OTHER REVENUE DEMANDS.

136.    Liability for land revenue.                                                                            74

137.    Claims of State Government to have precedence over all others.                                         75

138.    The liability of the crop for the revenue of the land.                                                 75

139.    Land revenue may be levied at any time during the revenue year.                                        75

140.    Removal of crop which has been sold, etc., may be prevented until revenue paid.                        75

141.    In order to secure the land revenue the Collector may prevent the reaping of the crop, or              75

        the removal thereof, or                                                                                75

        place watchmen over it.                                                                                75

142.    Collector’s orders under last section how to be made known.                                            76

        Penalty for disobedience of order.

143.    Reaping, etc., not to be unduly deferred.                                                              76

        Crop when to be released.

144.    Temporary attachment and management of a village or share of a village. Powers of manager,             76

        and disposal of surplus profits.
xii                                      Gujarat Land Revenue Code, 1879                        [1879 : Bom. V
145.   Precautionary measures to be relinquished on security being furnished.                               76

146.   State Government to determine the dates, etc., on which land revenue shall be payable.               76

147.   Arrear. defaulters.                                                                                  77

148.   Liabilities incurred by default.                                                                     77

149.   Certified account to be evidence as to arrears.                                                      77

       Collectors may realize each other’s demands.                                                         77

150.   Process for recovery of arrears.                                                                     77

151.   Revenue demands of former years how recoverable.                                                     77

       Proviso.                                                                                             77

152.   When notice of demand may issue.                                                                     78

153.   The occupancy or alienated holding for which arrear is due may be forfeited.                         78

       Proviso.                                                                                             78




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154.   Distraint and sale of defaulter’s moveable property.                                                 78

       By whom to be made.                                            od                                    78
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155.   Sale of defaulter’s immovable property.                                                              78
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156.   Exemption from distraint and sale.                                                                   78
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157.   Arrest and detention of defaulter.                                                                   78

158.   Power of arrest by whom to be exercised.                                                             79

159.   Power to attach defaulter’s village and take it under management.                                    79

160.   Lands of such village to revert free of incumbrances.                                                79

       Powers of manager.                                                                                   79

161.   Application of surplus profits.                                                                      79

162.   Restoration of village so attached.                                                                  79

       Disposal of surplus receipts.                                                                        80

163.   Village, etc., to vest in the State Government if not redeemed within twelve years.                  80

164.   But all processes to be stayed on security being given; or on amount demanded being                  80

       paid under protest.                                                                                  80

165.   Procedure in effecting sales.                                                                        80
       Proclamation of sales.                                                                               80

166.   Notification of sales.                                                                               81

167.   Sale by whom to be made.                                                                             81
       Time when sale may be made.                                                                          81
       Postponement of sale.                                                                                81
1879 : Bom. V ]                         Gujarat Land Revenue Code, 1879                    xiii
168.   Sale of perishable articles.                                                         81

169.   When sale may be stayed.                                                             81

170.   Sales of moveable property when liable to confirmation.                              81

171.   Mode of payment for moveable property when sale is concluded at once.                81

172.   Mode of  payment for moveable property when sale is subject to confirmation.         82

173.   Deposit by purchaser in case of sale of immoveable property.                         82

174.   Purchase-money when to be paid.                                                      82

175.   Effect of default.                                                                   82

176.   Liability of purchaser for loss by re-sale.                                          82

177.   Notification before re-sale.                                                         82

178.   Application to set aside sale.                                                       82

179.   Order confirming or setting aside sale.                                              82




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180.   Refund of deposit or purchase-money when sale set aside.
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181.   On confirmation of sale purchaser to be put in possession.                           83
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       Certificate of purchase.                                                             83
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182.   Bar of suit against certified purchaser.                                             83

183.   Application of proceeds of sale.                                                     83

       Expenses of sale how calculated.                                                     83

184.   Surplus not to be paid to creditors except under order of Court.                     83

185.   Certified purchaser liable only for land-revenue subsequently due.                   83

186.   Claims to attached movable property how to be disposed of.                           83

187.   What moneys leviable under the provisions of this Chapter.                           83
       Sureties liable as revenue-defaultors.                                               84

       On resumption of a farm, no payments made to contractor in advance to be admited.    84

       The recovery of free grants as arrears of revenue in case of misuse.                 84

                                                     CHAPTER XII.

                                      PROCEDURE OF REVENUE OFFICERS.

188.   Subordination of revenue officers.                                                   85

189.   Power to summon persons to give evidence and produce documents.                      85

190.   Summons to be in writing, signed and sealed.                                         85
xiv                                     Gujarat Land Revenue Code, 1879               [1879 : Bom. V
       How to be served.

       Service in district other than that of issuer.                                             85

191.   Mode of serving notices.                                                                   85

       Notice not void for error.                                                                 85

192.   Procedure for procuring attendance of witnesses.                                           85

193.   Mode of taking evidence in formal inquiries.                                               86

       Taking evidence given in English.                                                          86

       Translation to be on record.                                                               86

194.   Writing and explanation of decisions.                                                      86

195.   Summary inquiries how to be conducted.                                                     86

196.   Formal and summary inquiries to be deemed judicial proceedings.                            86

       Hearing and decisions.                                                                     86




                                                                             e
       Notice to parties.                                                                         86

197.   Ordinary inquiries how to be conducted.                        od                          86
                                                               aC
198.   Copies and translations, etc., how to be obtained.                                         87
                                                            di


199.   Arrest of a defaulter to be made upon a warrant.                                           87
                                                        In



200.   Power  of  revenue  officer to enter upon any lands or premises for purposes               87
       of measurement, etc.
       Proviso.                                                                                   87
201.   State Government to determine the language of a district.                                  87


202.   Collector how to proceed in order to evict any person wrongfully in                        87
       possession of land.
                                                    CHAPTER XIII.

                                             APPEALS AND REVISION.

203.   Appeal to lie from any order passed by revenue officer to his superior.                    88

204.   Appeal when to lie to the State Government.                                                88

205.   Periods within which appeals must be brought.                                              88

206.   Admission of appeal after period of limitation.                                            88

207.   Provision where last day for appeal falls on a Sunday or a holiday.                        88

208.   Copy of order to accompany petition of appeal.                                             88

209.   Powers of appellate authority.                                                             88

210.   Power to suspend execution of order of subordinate officers.                               89
1879 : Bom. V ]                        Gujarat Land Revenue Code, 1879                              xv
211.    Power of State Government and of certain revenue officers to call for and examine records   89

        and proceedings of subordinate officers; and to pass orders thereupon.

212.    Rules as to decisions or orders expressly made final.                                       89

                                                    CHAPTER XIV.

                                                 MISCELLANEOUS.

213.    Maps and land records open to inspection.                                                   90

        Extracts and copies shall be given.

214.    Rules.                                                                                      90

215.    Penalty for breach of rules.                                                                92

216.    Chapters VIII to X to apply to alienated villages.                                          93

217.    Holders of land in alienated villages.                                                      93

218.    Construction of this Act.                                                                   94




                                                                            e
218A.
                                                                     od
        Repeal of  Bom. V of 1879 as in force in the Kutch area of the State of Gujarat.            94
                                                                aC
Schedules.                                                                                          95
                                                             di
                                                      In




H-2052—(iii)
xvi   Gujarat Land Revenue Code, 1879   [1879 : Bom. V




                                  e
                              od
                         aC
                     di
                  In
                                        GUJARAT ACT No. V OF 1879.1
                                  [The 2[Gujarat] Land Revenue Code, 1879]
                                                                                            [17th July, 1879.]

           Repealed in part by Bom.		                  3 0f 1886.

                      ,,         ,,         ,, 		                 32 of 1949.

                      ,,         ,,         ,,		                   6 of 1950.

           Repealed in part and amended by Act                    16 of 1895.

                      ,,         ,,         by Bom.               6 of 1901.

                      ,,         ,,         ,,         ,,         4 of 1905.

                      ,,         ,,         ,,         ,,         20 of 1939.

                      ,,         ,,         ,,         ,,         29 of 1939.

           Repealed in part and amended (locally) by

           			Bom.		1 of 1880.




                                                                                       e
                                                                               od
            ,,				 6 of 1888 as amended by Bom. 		
           					2 of 1905.
                                                                       aC
                      ,,				11 of 1912.
                                                                 di

                      ,,				4 of 1913.
                                                            In



                      ,,				2 of 1919.

           Amended               by         Bom.		                7 of 1879.

                      ,,         ,,         ,,		 4 of 1886.

                      ,,         ,,         ,,		 1 of 1910.

                      ,,         ,,         ,,		 7 of 1914.

                      ,,         ,,         ,,		 1 of 1920.

                      ,,         ,,         ,,		 3 of 1921.

                      ,,         ,,         ,,		 15 of 1929.

                      ,,         ,,         ,,		 3 of 1932.

                      ,,         ,,         ,,		 31 of 1935.

                      ,,         ,,         ,,		 5 of 1936.

                   1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1875, Pt.V.p.62
           and ibid, 1879, Pt.V.p. 81; for Reports of the Select Committee, see ibid,, 1876, Pt.V.p. 166, and
           ibid, 1877, Pt.V.p.74; and for Proceedings in Council, see ibid., 1875, Pt. V.p. 65; ibid., 1877, Pt. V.
           pp. 198, 210, 234, 252, 417, 418, ibid., 1878, Pt. V. P. 40, ibid., 1879, Pt. V. pp. 122 and 124.

                2 This word was and was deemed to have been substituted on 1st May, 1960 for the word
           “Bombay” by Guj. 15 of 2011, s.3, Sch., Sr. No. 4.
                  The proceeds of all fees levied under this Act for permission to remove sand or to quary are to
           be credited to the Local Fund constituted by the Bombay Local Boards Act, 1923 (Bom. 6 of 1923),
           s. 75.
                The Code applies to taluqdari lands subject to modifications specified in Schedule I to the
           Bombay Taluqdari Tenure Abolition Act, 1949.

H-2052—1
2           Gujarat Land Revenue Code, 1879                     [1879 : Bom. V
Adapted and modified by the Adaptation of Indian   Laws Order in Council.
 Amended        by         Bom.            45 of 1947.
     ,,          ,,           ,,           62 of 1947.
     ,,          ,,           ,,           35 of 1948.
     ,,          ,,           ,,            67 of 1948 as amended by Bom. 		
					 13 of 1956 and Bom. 		
					 63 of 1958.
     ,,          ,,           ,,           53 of 1949.
Adapted and modified by the Adaptation of   Laws Order, 1950.
 Amended        by         Bom.            28 of 1950.
     ,,          ,,           ,,           33 of 1950.
     ,,          ,,           ,,           60 of 1950.
     ,,          ,,           ,,             9 of 1951.
     ,,          ,,           ,,             7 of 1953.
     ,,          ,,           ,,           14 of 1955.
     ,,          ,,           ,,           28 of 1956.
     ,,          ,,           ,,           45 of 1956.
Adapted and modified by the Bombay Adaptation of  Laws (State and Concurrent
Subjects) Order, 1956.




                                                         e
                                                   od
 Amended        by         Bom.              8 of 1958.
     ,,          ,,           ,,           41 of 1959.
                                            aC
     ,,          ,,           ,,             3 of 1960.
Adapted and modified by the Gujarat Adaptation of   Laws (State and Concurrent
                                       di

Subjects) Order, 1960.
 Amended        by          Guj.           15 of 1964.
                                  In



     ,,          ,,           ,,           35 of 1965.
     ,,          ,,           ,,           25 of 1972.
Amended         by        Presidents’s Act No.26 of 1976.
     ,,          ,,         Guj.           25 of 1977.
     ,,          ,,           ,,             3 of 1980.
     ,,          ,,           ,,           37 of 1980.
     ,,          ,,           ,,             2 of 1981. **
     ,,          ,,           ,,           24 of 1981.
     ,,          ,,           ,,             8 of 1982. †
     ,,          ,,           ,,             2 of 1987.
     ,,          ,,           ,,           16 of 1989.
     ,,          ,,           ,,           12 of 1993.
     ,,          ,,           ,,             6 of 1995.
     ,,          ,,           ,,             9 of 1995.
     ,,          ,,           ,,             6 of 1997.
     ,,          ,,           ,,             5 of 1998. ***
     ,,          ,,           ,,           14 of 2003.
Amended         by          Guj.            19 of 2008
     ,,          ,,           ,,             7 of 2010.
     ,,          ,,           ,,           15 of 2011.
     ,,          ,,           ,,           20 of 2011.
     ,,          ,,           ,,             3 of 2016.
     ,,          ,,           ,,           23 of 2017.
    **Please see s. 4 of Guj. 2 of 1981 for Validation of certain rules.
     †      Please see s. 7 of Guj. 8 of 1982 for Transitory provision.
     *** Please see s. 2 of Guj. 5 of 1998 in relation to the Scheduled Areas
     of the State.
                  1879 : Bom. V ]                         Gujarat Land Revenue Code, 1879                                 3
                  An Act to consolidate and amend the law relating to Revenue Officers, and
                                the Land Revenue in the *[State of Gujarat].

                        WHEREAS it is expedient to consolidate and amend the law relating to
                  Revenue Officers, and to the   assessment   and   recovery of Land Revenue, and  
                  to other matters connected with the Land Revenue Administration; It is hereby
                  enacted as follows :—

                                                                    CHAPTER I.

                                                                    Preliminary.

                          1. 1[(1)] This Act may be cited as “The 2[Gujarat] Land Revenue Code, 1879”.                          Short Title.

                       [(2) Save as otherwise provided by Chapter XA, this Act extends to 4[Bombay
                          3
                                                                                                                                Local extent.
                  area of the State of Gujarat.]
                          5
                              [    *      *     *         *          *          ]

                       [(4) Save as otherwise provided by Chapter XA, it also extends to the
                          6

                  Saurashtra area of the State of Bombay subject to the modifications specified in
                  Schedule J appended to this Act.]




                                                                                                    e
                                                                                               od
Guj. 35   o f  
1965.                  [(5) On and from the date of the coming into force of the Bombay Land
                          7

                  Revenue (Extension to Kutch Area and Amendment) Act, 1965, this Act shall also
                                                                                    aC
                  extend to and be in force in the Kutch area of the State of Gujarat.]

                          2.       [Repeal of enactments.] Repealed by Bom. IV of 1913, s. 5.
                                                                               di
                                                                            In


                          3.       In this Act, unless there be something repugnant in the subject or context–                  Interpretation section.

                          (1) “revenue officer” means every officer of any rank whatsoever appointed                            “revenue officer.”
                          under any of the provisions of this Act, and employed in or about the
                          business of the land revenue or of the surveys, assessment, accounts, or
                          records connected therewith 8[and for the purposes of sections 25 and 26
                          includes village-officer appointed or officiating under any of the provisions
                          of the Bombay Hereditary Offices Act or the Matadars Act, 1887];
                              *        These words were substituted for the words “ Presidency of Bombay” by Guj. 35 of 1965,
                  s. 2.
                         1.    Sub-section (1) of section 1 was originally the first paragraph of section 1. It was numbered
                  as sub-section (1) of section 1 by Bom. 4 of 1913, s. 4(1).
                         Note.— All sub-titles, printed over sections or groups of sections in this Act, were repealed by
                  section 84 of the Bombay Land Revenue (Amendment) Act, 1913 (Bom. 4 of 1913).
                        Section 85 and the last 15 words of s. 68 are not in force in the Panch Mahals-see the Panch
                  Mahals Laws Act, 1885 (7 of 1885), s. 2.
                       2.   This word was and was deemed to have been substituted on 1st may, 1960, for the word
                  “Bombay” by Guj. 15 of 2011, s.3, Sch., Sr. No. 4.
                              3.       Sub-section (2) was substituted for paragraph 2 by Bom. 4 of 1913, s. 4(2).
                        4.    These words were substituted for from “Pre-reorganisation State” to “1874” by the Gujarat
                  Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
                              5.       Sub-section (3) was omitted, ibid.
                              6.       Sub-section (4) was added by Bom. 41 of 1959, s. 3.
                              7.       Sub-section (5) was inserted by Guj. 5 of 1965, s. 3.
                       8.   These words and figures were added by 1st Schedule of the Bombay Repealing and
                  Amending Act, 1905 (Bom. 4 of 1905).
                        4                  Gujarat Land Revenue Code, 1879                               [1879 : Bom. V
“Survey Officer”        (2) “Survey officer” means  an  officer appointed under, or in the manner provided
                        by section 18 1 [*		               *        * ];

“Survey settlement”        [(3) “Survey settlement” includes a settlement made under the provisions
                               2

                        of Chapter VIIIA];

“land”                       (4) “Land” includes benefites to arise out of land, and things attached to the
                        earth, or permanently fastened to anything attached to the earth, and also shares in
                        or charges on, the revenue or rent of villages, or other defined portion of territory;

“estate”                    (5) “estate” means any interest in lands and the aggregate of such interests
                        vested in a person or aggregate of persons capable of holding the same;

“survey number5”           (6) “survey number” means a portion of land of which the area and 3[assess-
                        ment] are separately entered, under an indicative number in the 4[land records]
                           5
                             [* *     * *         *];
“sub-division of a
survey number”
                             (7) 6[“division of a survey number” means a portion of a servey number of
                        which the area and assessment are separately entered in the land records under
                        an indicative number subordinate to that of the survey number of which it is a




                                                                                                e
                        portion;]

“chavdi”                       7
                                                                                        od
                            [(8) “chavdi” means in any village in which there is no chavdi, such place
                                                                                 aC
                        as the Collector may direct shall be deemed to be the chavdi for the purposes of
                        this Act;]
                                                                           di


“building site”             (9) “building site” means a portion of land held for building purposes, whether
                                                                     In



                        any building be actually erected thereupon or not, and includes the open ground
                        or court-yard enclosed by, or adjacent to, any building erected thereupon;

“boundary mark”             (10) “boundary mark” means any erection, whether of earth, stone, or
                        other material, and also any hedge, 8[unploughed ridge, or] strip of ground,
                        or other object whether natural or artificial, set up, employed or specified by
                        a survey officer, or other revenue officer having authority in that behalf, in
                        order to designate the boundary of any division of land;

“to hold land”, “land
                           [(11) “to hold land” or to be a “landholder” or “holder” of land means to be
                               9
holder” or “holder”
                        lawfully in possession of land, whether such possession is actual or not];

                               1.    The words “of this Act” were repealed by the Bombay General Clauses Act, 1886 (Bom.
                        3 of 1886), Schedule B. This Schedule is printed as an Appendix to the Bombay General Clauses Act,
                        1904 (Bom. I of 1904).
                                   2.   Clause (3) was inserted by Bom. 20 of 1939, s. 2.
                                   3.   This word was substituted for the words “ other particulars” by Bom. 4 of 1913, s. 6
                        (b).
                                   4.   These words were substituted for the words “survey records”, ibid.
                                5.   The words “of the village, town, or city in which it is situated, and includes a recognised
                        share, of a survey number” were repealed, ibid., s. 6.
                                 6.   This definition was substituted for the definition of “recognised share of a survey number”,
                        ibid., s. 6 (c).
                                   7.   Clause (8) was added, ibid., s. 6 (d).
                                   8.   These words were substituted for the word “vacant” by Bom. 6 of 1901, s. 2.
                              9.    These definitions were substituted for the original definitions of “holder” or “landholder”
                        and “holding” by Bom. 4 of 1913, s. 6 (e).
              1879 : Bom. V ]                     Gujarat Land Revenue Code, 1879                                       5
                  1
                   [(12) “holding” means a portion of land held by a holder];                                                 “holding”


                  [(13) “superior holder” means a land holder entitled to receive rent or land
                  2
                                                                                                                              “superior holder”
              revenue from other landholders (hereinafter called “inferior holders”) whether he                               “inferior holder”
              is accountable or not for such rent or land revenue, or any part thereof, to 3[the
              4
               [State] Government]:

              		       Provided that where land has been granted free of rent or land revenue,
              subject to the right of resumption in certain specified contingencies, by a Jagirdar,
              Inamdar or other such holder of alienated land whose name is authorizedly entered
              as such in the land records, such Jagirdar, Inamdar or holder shall, with reference
              to the grantee, be deemed to be the superior holder of land so granted by him and
Bom. III of   the grantee shall, with reference to the grantor, be deemed to be the inferior holder
1869.         of such land and for the purposes of section 8 of the 5Bombay Local Funds Act,
              1869, shall notwithstanding anything herinafter contained in the definition of the
              word “tenant”, be deemed to be the tenant of such grantor];

                 6
                   [(14) “tenant” means a lessee, whether holding under an instrument, or under                               “tenant”
              an oral agreement, and includes a mortgagee of a tenant’s rights with possession;
              but does not include a lessee holding directly under the 7[Government];




                                                                                               e
                  6
                   [(15) “landlord” means a lessor];                                                                          “land lord”

                 8
                                                                                      od
                   [(16) “occupant” means a holder in actual possession of unalienated land, other                            “occupant”
                                                                              aC
              than a   tenant:

              		       Provided that where the holder in actual possession is tenant, the landlord
                                                                        di

              or superior landlord, as the case may be, shall be deemed to be the occupant];
                                                                  In



                  9
                   [(17) “occupy” means a portion of land held by an occupant;]                                               “occupy”

                  9
                   [(18) “to occupancy land” means to possess or take possession of land];                                    “to occupancy land”

                                                                                                                              “occupation”
                  9
                   [(19) “occupation” means possession];                                                                      “alienated”

                   (20) “alienated” means transferred in so far as the rights of 3[the 4[State
              Government] to payment of the rent or land revenue are concerned, wholly or
              partially, to the ownership of any person;

                  [(21) “village” includes a town or city and all the land belonging to a village,
                  10                                                                                                          “village”
              town or city];
                    1.    These definitions were substituted for the original definitions of “holder” or “landholder”
              and “holding” by Bom. 4 of 1913, s. 6 (e).
                     2.    This definition  was substituted for the original definitions of “superior holder” and “inferior
              holder”, ibid., s. 6 (f).
                     3.   The words “the Provincial Government” were substituted for the words “Government”
              by the Adaptation of Indian Laws Order in Council.
                       4.    This word was substituted for the word “Provincial” by the Adaptation of Laws Order,
              1950.
                       5.    See now section 96 of the Bombay Local Boards Act, 1923 (Bom. 6 of 1923).
                      6.     These definitions were substituted for the original definition of “tenant” by Bom.4 of 1913,
              s. 6 (g).
                     7.    The word “Government” was substituted for the word “Crown” by the Adaptation of Laws
              Order, 1950.
                       8.    This definition was subsituted for clause (16) by Bom. 4 of 1913, s. 6(h).
                       9.    These definitions were substituted for clauses (17), (18) and (19), ibid.,s. 6(h).

                       10.   This definition was substituted for the original clause (20), ibid.,s. 6 (i).
                        6                 Gujarat Land Revenue Code, 1879                               [1879 : Bom. V
“revenue year” “year”        (22) the words “revenue year” or “year” means the period from, and exclusive
                        of, the thirty-first July of one calendar year untill and inclusive of, the thirty-first
                        July in the next calender year;

                                (23) [Definition of “section”] Rep. by Bom. III of 1886.

                                (24) [Definition of “this Chapter”] Rep. by Bom. III of 1886.
“Jonit holders”            [(25) The term “joint holders”, or “joint occupants”, means holders or occu-
                            1
“Joint occupants”
                        pants who hold land as co-sharers, whether, as co-sharers in a family undivided,
                        according to Hindu law or otherwise, and whose shares are not divided by metes
                        and bounds; and where land is held by joint holders or joint occupants, “holder”
                        or “occupants”, as the case may be, means all of the joint holders or joint oc-
                        cupants;]

“Land records”              [(26) “land records” means records maintained under the provisions of, or for
                            1

                        the purposes of, this Act;]

“certified copy”
                          1
                            [(27) “certified copy” or “certified extract” means a copy or extract, as the case
“certified extract”     may be, certified in the manner prescribed by section 76 of the Indian Evidence
                        Act, 1872;]                                                                                          I of 1872.

                            [(27A) In this Act, where there is any refernece to any other enactment of a
                            2




                                                                                               e
                        provision thereof, such enactment or provision shall not merely by reason of such

                                                                                       od
                        refernce be deemed to extend to the Kutch area of the State Gujarat but if there
                        be any law corresponding to such enactment or provision in force in the said area,
                                                                               aC
                        the refernce to the enactment or provision as aforesaid shall include a reference
                        to such corresponding law.]
                                                                         di

                           [(28) “disignated officer” means any revenue officer appointed by the State
                            3
                                                                    In



                        Government from time to time for carrying out the functions as specified in Chapter
                        X-A;

                                (29) “prescribed” means prescribed by rules made under this Act.]

                                                                   CHAPTER II.

                                             Constitution and Powers of Revenue Officers.

Chief controlling          4
                             [4. (1) The chief controlling authority in all matters connected with the land
authority in revenue    revenue shall vest in the State Goevernment.
matters.
                        		 (2) The State Government may, by notification in the Official Gazette,
                        prescribe the territories in the State which shall form a division and may by a like
                        notification alter the limits of the division so formed.]

                                5.    [Formation of divisions.] Deleted by Guj. 15 of 1964, s. 4, Sch.

                                6.    [Commissioner for each division.] Deleted by Guj. 15 of 1964, s. 4, Sch.

                            6A. [Appointment of Commissioners; their powers and duties.] Deleted by
                        Guj. 15 of 1964, s. 4, Sch.

                                6B. [Additional Commissioners.] Deleted by Guj. 15 of 1964, s. 4, Sch.

                                6C. [Assistant Commissioners.] Deleted by Guj. 15 of 1964, s. 4, Sch.
                                 1.    These definitions were added by Bom. 4 of 1913, s.6 (j).
                                 2.    Clause (27A) was inserted by Guj. 35 of 1965, s. 4.
                               3.   Original Clause (28) was omitted by the Adaptation of Laws Order, 1950. and now clause
                        (28) was readded and clause (29) was added by Guj. 7 of 2010, s. 2.

                                 4.    Section 4 was substituted for the original by Guj. 15 of 1964, s. 4, Sch.
1879 : Bom. V ]                    Gujarat Land Revenue Code, 1879                                    7
    7. Each division 1[* *         *       *       *] shall be divided into such                            Division to be divided
2
 [* * *] districts with such limits as may from time to time be prescribed                                  into districts.
by a duly published order of the 3[ 4[State] Government].

     And each such district shall consists of such 2[*       *] talukas, and each                           A district to consist
                                                                                                            of talukas comprising
taluka shall consist of such 2[*        *] mahals and villages, as may from time                            such mahals and
to time be prescribed in a duly published order of the 3[ 4[State] Government].                             villages as 4 [State]
                                                                                                            Government may
     [And each such mahal shall consist of such villages as may from time to
     5
                                                                                                            direct.
time be prescribed by a duly published order of the State Government.]
          6
           [*        *         *          *         *          *           *]
                                                                                                            Power of State
     [7A. The State Government may from time to time by a duly published
     7
                                                                                                            Government to alter
order alter or add to the limits of any village or amalgamate two or more villages                          limits of or to
or constitute a new village.]                                                                               amalgamate or
                                                                                                            constitute villages.


     8. The 3[ 4[State] Government] shall appoint in each district as officer who                           Collector of the
shall be the Collector 8[* * * *] and who 9[* * * * * * *] may exercise,                                    district.
throughout his district, all the powers and discharge all the duties conferred and
imposed on a Collector or an Assistant or Deputy Collector by this Act, or any




                                                                             e
other law for the time being inforce, and in all matters not specially provided for


                                                                     od
by law shall act according to the instructions of 10[ the 4[State] Government].
                                                                                                            Additional Collectors.
      [8A. (1) The State Government may appoint in each district so many Additional
     11
                                                            aC
Collectors as it may deem fit. 12[* * * * *] The Additional Collector shall exercise
such powers and discharge such duties as are exercised or discharged by the Collector
                                                        di

in the district or a part of district under this Act or any other law for the time being
in force as the State Government may direct.
                                                 In



		(2) An Additional Collector appointed under sub-section (1) shall not be
subordinate to the Collector except in such matters as the State government may
by a general or special order specify in this behalf.]

          1.    The words “under the control of the Commissioner” were deleted by Guj. 15 of 1964, s.
4, Sch.

          2.    The words “number of” were repealed by Bom. 4 of 1913, s. 8.

      3.    The words “Provincial Government” were substituted for the words “Governor in
Council” by the Adaptation of Indian Laws Order in Council.

          4.    This word was substituted for the word “Provincial” by the Adaptation of Laws Order,
1950.

          5.    This portion was added by Bom. 33 of 1950, s. 2.

        6.   The words “The present zillas or collectorates shall form districts and the present talukas,
shall remain as they are, for the purposes of this Act, until altered by the Governor in Council” were
repealed by the Amending Act, 1895 (16 of 1895).

          7.    Section 7A was inserted by Bom. 33 of 1950, s. 3.

          8.    The words “of the District” were repealed by the Amending Act, 1895 (16 of 1895).

       9.   The words “ shall be subordinate to the Commissioner of his division and ” were deleted
by Guj. 15 of 1964, s. 4, Sch.

       10. The words “the Provincial Government” were substituted for the word “Government”
by the Adaptation of Indian Laws Order in Council.

          11. Section 8A was inserted by Bom. 45 of 1956, s. 3.

        12. The words “ The Additional Collector shall be subordinate to the Commissioner of his
division ”   were deleted by Guj. 15 of 1964, s. 4, Sch.
                        8               Gujarat Land Revenue Code, 1879                            [1879 : Bom. V
Assistant and Deputy    9. The 1[ 2[State] Government] may appoint to each district so many Assistant
Collector.              Collectors, and so many Deputy Collectors as 3[it] may deem expedient; the
                        Assistants shall be called “First”, “Second”, “Supernumerary”, etc. as may be
                        expressed in the order of their appointment.
to be sub-ordinate to
the Collector.              All such Assistant and Deputy Collectors and all other officers employed in the
                        land revenue administration of the district shall be subordinate to the Collector.

Their duties     and    10. Subject to the general orders of 4[the 2[State] Government], a Collector may
powers.
                        place any of his assistants or deputies in charge of the revenue administration of
                        one or more of the talukas in his district, or may himself retain charge thereof.

                             Any  Assistant   or   Deputy Collector thus placed in charge shall, subject to
                        the provisions of Chapter XIII 5[*     *       *        *] , perform all the duties
                        and exercise all the powers conferred upon a Collector 6[ * * * *] by this Act
                        or any other law at the time being in force, so far as regards the taluka or talukas
                        in his charge :

                            Provided that the Collector, may whenever he may deem fit, direct any such
                        Assistant or Deputy not to perform certain duties or exercise certain powers, and




                                                                                           e
                        may reserve the same to himself or assign them to any other Assistant or, Deputy


                                                                                   od
                        subordinate to him.
                                                                           aC
                              To such Assistant or Deputy Collector as it may not be possible or expedient
                        to place in charge of talukas, the Collector shall, under the general orders of 4[the
                                                                      di

                        2
                          [State] Government], assign such particular duties and powers as he may from
                        time to time see fit.
                                                                In



Collector of the             11. If the Collector is disabled from performing his duties or for any reason
district in case of     vacates his office or leaves his district, or dies, his Assistant of highest rank present
temporary vacancy.
                        in the district shall, unless other provision has been made by 1[ 2[State] Government],
                        succeed temporarily to his office, and shall be held to be the Collector 6 [* * * * * ]
                        under this Act until the Collector resumes charge of his district or until the 1[
                        2
                         [State] Government], appoints a successor to the former Collector and such successor
                        takes charge of his appointment.

                            An officer whose principal office is different from that of an Assistant Collector,
                        and who is an Assistant Collector for special purposes only, shall not be deemed
                        to be an Assistant for the purposes of this section.

                               1.   The words “Provincial Government” were substituted for the words “Governor -in-Council”
                        by the Adaptation of Indian Laws Order in Council.

                                2.   This word was substituted for the word “Provincial” by the Adaptation of Laws Order,
                        1950.

                              3.    The word “It” was substituted for the word “he” by the Adaptation of Indian Laws Order
                        in Council.

                               4.   The words “the Provincial Government” were substituted for the word “Government”
                        by the Adaptation of Indian Laws Order in Council.

                               5.    The words “of this Act” were repealed by the Bombay General Clauses Act, 1886 (Bom.
                        3 of 1886), Schedule B. This Schedule is printed as an Appendix to the Bombay General Clauses Act,
                        1904 (Bom. I of 1904).

                                6. The words “of a district” were repealed by the Amending Act, 1895 (16 of 1895).
           1879 : Bom. V ]                       Gujarat Land Revenue Code, 1879                                9
                12. The chief   officer entrusted with the local revenue administration of a                         The Mamlatdar; his
           taluka shall be called a Mamlatdar. He shall be appointed by the 1[ 2[State]                              appointment.
           Government].

               His duties and powers shall be such as may be expressly imposed or                                    His duties and powers.
           conferred upon him by this Act or by any other law for the time being in force,
           or as may be imposed upon, or delegated to him by the Collector under the
           general or special orders of 3[ the 2[State] Government]   4
                                                                        [* * * *]

               [A decision or order of a Mamlatdar in performance of the duties and exercise
               5

           of the powers, imposed or conferred upon him or delegated to him, under this
           section, shall be subject to the provisions of Chapter XIII.]

               [12A. (1) The State Government may appoint so many Additional Mamlatdars,
               6
                                                                                                                     Additional Mamlatdars.
           as it may deem fit. An Additional Mamlatdar shall exercise such powers   and
           discharge such duties in a taluka or part of a taluka under this Act or any other
           law for the time being in force, as the State Government may direct.

           		 (2) An Additional Mamlatdar shall not be subordinate to the Mamlatdar
           in the taluka except in such matters as the State Government may by a general
           or special order specify in this behalf.]

                13. Whenever it may appear necessary to the 7[ 2[State] Government], the




                                                                                        e
                                                                                                                     The Mahalkari, his
            [ 2[State] Government], may 9[appoint to a taluka one or more Mahalkaris]                                duties and powers.


                                                                                  od
           8

           and,   subject   to   the orders of 3[the 2[State] Government], 10[* * * *] the
           Collector may 11[assign to a Mahalkari] within his local limits such of the duties
                                                                          aC
           and powers of a Mamlatdar as he may from time to time see fit, and may also  
           from time to time direct whether the Mahalkari’s immediate superior shall, for
                                                                    di

           the purposes of section 203        12
                                                 [*  *      *    *   *] be deemed to be the
           Mamlatdar or the Assistant or Deputy Collector, or the Collector in charge of the
                                                               In



           taluka.

                 [When a defined portion of a taluka is placed in charge of a Mahalkari, such
                   13

           portion shall be called a mahal.]

                  1.    The words “Provincial Government” were substituted for the words “Commissioner of
           the division in which his taluka is situated” by the Adaptation of Indian Laws Order in Council.
                        2.    This word was substituted for the word “Provincial” by the Adaptation of Laws Order,
           1950.
                  3.   The words “the Provincial Government ” were substituted for the word “Government”
           by the Adaptation of Indian Laws Order in Council.
                   4.   The word “He shall continue to perform the duties and exercise the powers at present
           performed and exercised by him after the passing of this Act, until such time as he is otherwise
           directed by competent authority” were repealed by the Amending Act, 1895 (16 of 1895).
                        5.    This paragraph was added by Guj. 2 of 1987, s.2.
                        6.    Section 12A was inserted by Bom. 45 of 1956, s.4.
                  7.   The words “Provincial Government” were substituted for the words “Governor in Council”
           by the Adaptation of Indian Laws Order in Council.
                 8.    The words “Provincial Government” were substituted for the word “Collector” by the
           Adaptation of Indian Laws Order in Council.
                  9.    These words were substituted for the words “appoint a Mahalkari to be in charge of a
           defined portion of a taluka” by Bom. 4 of 1913, s. 9 (1).
                        10.   The words “and of the Commissioner” were deleted by Guj. 15 of 1964, s. 4, Sch.
                        11.   These words were substituted for the words “assign to him” by Bom. 4 of 1913.
                  12. The words “of this Act” were repealed by the Bombay General Clauses Act, 1886 (Bom.
           3 of 1886), Schedule B. This Schedule is printed as an Appendix to the Bombay General Clauses Act,
           1904 (Bom. I of 1904).
                        13.   This paragraph was added by Bom. 4 of 1913, s. 9 (1).



H-2052—2
                         10                 Gujarat Land Revenue Code, 1879                              [1879 : Bom. V
Mamlatdar     or             14. It shall be competent to a Mamlatdar or Mahalkari subject to such general
Mahalkari    may         orders as may from time to time be passed 1[* * *] by the Collector, to employ
depute subordinates
                         any of his   subordinates   to   perform any portion of his ministerial duties:
to perform certain of
his duties.
                              Provided that all acts and orders of his subordinates when so employed shall
                         be liable to revision and confirmation by such Mamlatdar or Mahalkari.


                         		                   2
                                               [*        *         *          *          *          *]

Mamlatdar or                  15. If a Mamlatdar or Mahalkari is disabled from performing his duties
Mahalkari in case        or for any reason vacates his office, or leaves his taluka or mahal, or dies,such
of temporary vacancy.
                         subordinates as may be designated by orders to be issued from time to time in
                         this behalf by the Collector, shall succeed temporarily to the said Mamlatdar’s
                         or Mahalkari’s office, and shall be held to be the     Mamlatdar or Mahalkari
                         under this Act until the Mamlatdar or Mahalkari resumes charge of his taluka
                         or mahal, or until such time as a successor is duly appointed and takes charge
                         of his appointment.

Appointment of                3
                               [16.     4
                                         [(1)] It shall be lawful for the State Government to appoint a village
village accountant
                         accountant for a village or a group of villages. In villages where no hereditary




                                                                                                e
and stipendiary patel.
                         patel exists, it shall be lawful for the State Government to appoint a stipendiary

                                                                                         od
                         patel. The village accountant and the patel shall perform all the duties including
                         the duties of village accountant or hereditary patel as hereinafter prescribed by
                                                                                  aC
                         this Act or any other law for the time being in force and shall hold their situations
                         under the rules in force with regard to subordinate revenue officers.
                                                                           di
                                                                       In


                              Nothing in this section shall be held to a affect any subsisting rights of holders
                         of alienated villages or others in respect of the appointment of patels and village
                         accountants in any alienated or other villages.

                                  5
                                   [          *          *         *          *          *          *          *]

Village Accountant to        17. Subject to the general orders of 6[the 7[State] Government] 8 [* *] the
keep such records as
he may berequired to     Collector shall prescribe from time to time what registers, accounts, and
keep by the collector    other records shall be kept by the Village Accountant 9[* *        *]

                              1.       The words “by the Commissioner or” were deleted by Guj. 15 of 1964, s. 4, Sch.

                              2.   The words “The portion of a taluka in the charge, of a Mahalkari shall be called a Mahal”
                         and the words “The present mahals shall remain as they are, for the purposes of this Act, until altered
                         by the Governor in Council” were repealed by Bom. 4 of 1913, s. 9(2) and the Amending Act, 1895
                         (16 of 1895), respectively.

                              3.       Section 16 was substituted for the original by Bom. 60 of 1950, Sch. II.

                              4.       Section 16 was renumbered as sub-section (1) of that section by Bom. 28 of 1956, s. 2.

                              5.       Sub-section (2) was deleted by Guj. 35 of 1965, s. 5.

                              6.   The words “the Provincial Government” were substituted for the word “Government” by
                         the Adaptation of Indian Laws Order in Council.

                              7.       This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

                              8.       The words “and of the Commissioner” were deleted by Guj. 15 of 1964, s. 4, Sch.

                               9.   The words “and pending the first issue of orders under this section, the  Village Accountant
                         shall continue to keep all such registers, accounts and other records as he may hitherto have been
                         required to keep” were repealed by the Amending Act, 1895 (16 of 1895).
1879 : Bom. V ]                  Gujarat Land Revenue Code, 1879                                   11
It shall also be the duty of the Village Accountant to prepare, whenever called                             and to prepare public
upon by the Patel of his village or by any superior Revenue or Police officer                               writings.
of the taluka or district to do so, all writings connected with the concerns of
the village which are required either for the use of 1[the Central or the 2[State]
Government] or the public, such as notices, reports of inquests, and depositions
and examinations in criminal matters.

18. For the purposes of 3[Chapters VIII, VIII-A, IX,IX-A and X ]4[* * *]                                    Survey Officers.
the 5[ 2[State] Government] may appoint such officers as may from time
to time appear necessary. Such officers shall be designated 6[“Settlement
Commissioners”], “Commissioner of Survey”, “Superintendent of Survey”,
“Survey Settlement Officers”, 6[“Settlement Officers”] and “Assistant”, or
otherwise as may seem requisite, and shall be subordinated the one to the
other in such order as the 5[ 2[State] Government] may direct.

     Subject to the orders of the 5[ 2[State] Government]  the  officers so appointed                       their duties and
are vested with the congnisance of all matters connected with survey and                                    powers.
settlement, and shall exercise all such powers and perform all such duties as may
be prescribed by this or any other law for the time being in force.

19. It shall be lawful for the 5[ 2[State] Government] to appoint one and the                               Combination of




                                                                             e
same person, being otherwise competent according to law, to any two or more                                 offices.


                                                                       od
of the offices   provided   for   in this Chapter or to confer upon an officer of one
denomination all or any of the powers or duties of any other officer or officers
                                                            aC
within certain local limits or otherwise as may seem expedient.
                                                      di

20. The appointment of all officers mentioned in sections 4 to 13 and 18 and 19                             Certain   officers’
shall be duly notified.                                                                                     appointments to
                                                In


                                                                                                            be notified.

     Any officer appointed to act temporarily for any such officer shall exercise                           Acting appointments.
the same powers and perform the same duties as might be performed or exercised
by the officer for whom he is so appointed to act.

21. [Establishments]. Omitted by the Adaptation of Indian Laws Order in Council.

22. The 5[ 2[State] Government] shall from time to time by notification prescribe                            Seals.
what revenue officers shall use a seal, and what size and description of seal shall
be used by each of such officers.

     7
      [*			
          *                      *          *          *           *          *]

    1. The words “the Central or the Provincial Government” were substituted for the word
“Government” by the Adaptation of Indian Laws Order in Council.
     2.    This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
     3.    These words were substituted for the words “Chapters VII,VIII-A,IX and X” by Guj. 23 of  
2017, s.2.
      4.   The words “of this Act” were repealed by the Bombay General Clauses Act, 1886 (Bom.
3 of 1886), Schedule B. This Schedule is printed as an Appendix to the Bombay General Clauses Act,
1904 (Bom. I of 1904).
     5.   The words “Provincial Government” were substituted for the words “Governor in Council”
by the Adaptation of Indian Laws Order in Council.
     6.    These words were inserted by Bom. 20 of 1939, s. 3.
     7.    The words “Pending the issue of the first orders under this section, the    seals   hitherto  
used shall continue to be used by such officers  as have used them”  were repealed  by  the Amending
Act, 1895 (16 of 1895).
                          12             Gujarat Land Revenue Code, 1879                            [1879 : Bom. V
                                                                CHAPTER III.

                             OF THE SECURITY TO BE FURNISHED BY CERTAIN REVENUE
                                 AND THE LIABILITY OF PRINCIPALS AND SURETIES.

                              23. [Governor in Council to direct what officers shall furnish security, and
                          to what amount]. Omitted by the Adaptation of Indian Laws Order in Council.

                              24. [Fresh or additional security.] Omitted by the Adaptation of Indian Laws
                          Order in Council.

Demands for money,              25. The Collector or the Superintendent of Survey or any other officer, deputed
papers, etc. to be made
known in writing to
                          by the Collector or Superintendent of Survey for this purpose shall in all cases
the person concerned.     in which he may have a claim on any revenue officer or on any person formerly
                          employed as such in his department or district for public money or papers or other
                          I
                            [property of the 3[Government]], by writing under his official seal, if he use one,
                          and signature, require the money, or the particular papers or property detained to
                          be delivered either immediately to the person bearing the said writing, or to such
                          person on such date and at such place as the writing may specify.




                                                                                            e
who may be arrested            If the officer or other person aforesaid shall not discharge the money, or deliver
and confined in jail
if he fails to produce
                                                                                    od
                          up the papers or property as directed, he may cause him to be, apprehended, and
                          may send him with a warrant, in the form of Schedule C to be confined in the
                                                                             aC
them.
                          civil jail till he discharges the sums or delivers up the papers or property demanded
                          from him :
                                                                       di
                                                                 In



Provided that no              Provided that no person shall be detained in confinement by virtue of any
person shall be kept in   such warrant for a longer period than one calendar month.
confinement for more
than a month.



Public moneys may         26. The   Collector   on his own motion, if the officer or other person is or was
also be recovered as
                          serving in his department and district, and upon the application of the Superintendent
arrears of revenue; and
search warrant may be     of Survey, if such officer or person is or was serving in the survey department in
issued for recovery of    his district, may also take proceedings to recover any public moneys due by him
papers or property.
                          in the same manner and subject to the same rules as are laid down in this Act
                          for the recovery of arrears of land revenue from defaulters, and for the purposes
                          of recovering public papers or other property 2[of the 3[Government]] may issue
                          a search warrant and exercise all such powers with respect thereto as may be
                          lawfully exercised by a Magistrate under the provisions of Chapter VII of the
                          Code of Criminal Procedure.

Persons in Possession         It shall be the duty of all persons in possession of such public moneys, papers
of public moneys, etc.,   or other property 2[of the 3[Government]] to make over the same forthwith to the
bound to give them up.
                          Collector, and every person knowing where any such property is concealed shall
                          be bound to give information of the same to the Collector.

                               1.   The words “property of the Crown” were substituted for the words “Government property”
                          by the Adaptation of Indian Laws Order in Council.
                               2.   The words “of the Crown” were substituted for the words “appertaining Government”, ibid.
                               3.   This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
1879 : Bom. V ]                Gujarat Land Revenue Code, 1879                                 13


    27. The surety or sureties of such officer or other person as is aforesaid,                        Surety to be liable in
                                                                                                       the same manner as
1
 [* *] shall be liable to be proceeded against jointly and severally in the same                       principal.
manner as his or their principal is liable to be proceeded against, in case of
default, and notwithstanding such principal may be so proceeded against:

     Provided always that in any case of failure to discharge or make good any sum of                  Extent of liability.
money due to the 2[Government] or to produce any property of the 2[Government] of
ascertained value no greater sum than is sufficient to cover any loss or damage which
the 3[4[State] Government] may actually sustain by the default of the principal shall
be recovered from the surety or sureties as the amount which may be due from such
surety or sureties under the terms of the security bond executed by him or them :

    And provided also that the said surety or sureties shall in no case be liable                      Sureties not liable
to imprisonment in default of producing public papers or property, if he or they                       to imprisonment, if
                                                                                                       penalty be paid.
pay into the Government treasury the whole or such part of the penalty named in
the bond as may be demanded.

     28. If an officer or other person as aforesaid or his surety or sureties against                  An officer or surety in




                                                                         e
whom a demand is made, shall give sufficient security in the form of Schedule D,                       jail may, by furnishing
                                                                                                       certain security, obtain


                                                                 od
the   Collector shall casue such officer or surety if in custody to be liberated, and
                                                                                                       his release.
countermand the sale of any property that may have been attached, and restore it
                                                         aC
to the owner.

     29. The liability of the surety or sureties shall not be affected by the death of
                                                    di

                                                                                                       Liability of surety not
a principal or by his appointment to a situation different from that which he held                     affected by death of
                                              In


                                                                                                       principal or by his
when the bond was executed, but shall continue so long as the principal occupies                       taking a different
any situation in which security is required 5[* ***] and until his bond is cancelled.                  appointment.


    The heires of a deceased officer shall be liable by suit in the Civil Court for                    Liability of heirs of
any claims which the 2[Government] may have against the deceased, in the same                          deceased officer.
way as they would be for similar claims made by an individual.

     30. Any surety, whether under a separate or joint bond, may withdraw from                         How surety may
his suretyship at any time on his stating, in writing, to the officer to whom the                      withdraw from
                                                                                                       further liability.
bond has been given, that he desires so to withdraw; and his responsibility under
the bond shall cease after sixty days from the date on which he gives such writing
as to all demands upon his principal concerning moneys, papers or other property
for which his principal may become chargebale after the expiration of such period
of sixty days, but shall not cease as to any demands for which his principal may
have become liable before the expiration of such period, even though the facts
establishing such liability may not be discovered till afterwards.

    1.   The words and letter “who may enter into a bond, in the form of Schedule B,” were
ommited by the Adaptation of Indian Laws Order in Council.

     2.   This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.

    3.    The words “Provincial Government” were substituted for the word “Government” by the
Adaptation of Indian Laws Order in Council.

     4.   This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

     5.   The words and figures “under section 13” were omitted by the Adaptation of Indian Laws
Order in Council.
                          14             Gujarat Land Revenue Code, 1879                            [1879 : Bom. V
                                                                 CHAPTER IV.

                          [OF CERTAIN ACTS PROHIBITED TO REVENUE OFFICERS, AND OF
                                     THIER PUNISHMENT FOR MISCONDUCT.]

                                      Omitted by the Adaptation of Indian Laws Order in Council

                                                                  CHAPTER V.

                                                        Of Land and Land Revenue.

All public roads, etc.,   1
                            [37. (1)] All public roads, lanes and paths, the bridges, ditches, dikes, and fences,
and all lands which
are not the property of   on or beside, the same, the bed of the sea and of harbours and creeks below
others, belong to the     high water-mark, and of rivers, streams, nallas, lakes, and tanks, and all canals,
3
  [Government.]           and water-courses, and all standing and flowing water and all lands wherever
                          situated, which are not the property of invididuals, or of aggregates of persons
                          legally capable of holding property, and except in so far as any rights of such
                          persons may be established, in or over the same, and except as may be otherwise
                          provided in any law for the time being in force are and are hereby declared to
                          be, with all rights, in or over the same, or appertaining thereto, the property of




                                                                                            e
                          2
                            [the 3[Government]], and it shall be lawful for the Collector subject to the orders


                                                                                     od
                          of the 4[State Government], to dispose of them in such manner as he may deem
                          fit, or as may be authorized by general rules sanctioned by 5[the Government
                                                                             aC
                          concerned], subject always to the rights of way, and all other rights of the public
                          or of individuals legally subsisting.
                                                                       di

                              Explanation.- In this section “high-water-mark” means the highest point reached
                                                                  In



                          by ordinary spring-tides at any seasons of the year.

                               1
                                [(2) Where any property or any right in or over any properties is claimed by or
                          on behalf of 2[the 3[Government] or by any person as against 2[the 3[Government]],
                          it shall be lawful for the Collector or a survey officer, after formal inquiry of which
                          due notice has been given, to pass an order deciding the claim.]

                               1
                                [(3) Any suit instituted in any Civil Court after the expiration of one year
                          from the date of any order passed 6[****] under sub-section (1) or sub-section (2),
                          or, if one or more appeals have been made against such order within the period of
                          limitation, then from the date of any order passed by the final appellate authority,
                          as determined according to section 204, shall be dismissed (although limitation
                          has not been set up as a defence) if the suit is brought to set aside such order or
                          if the relief claimed is inconsistent with such order, provided that in the case of
                          an order under sub-section (2) the plaintiff has had due notice of such order.]

                               1.   The original s. 37 was numbered as sub-section (1) of s. 37 and sub-sections (2) and (3)
                          were added by Bom. II of 1912, s. 1.

                               2.    The words “the Crown” were substituted for the words “Government” by the Adaptation
                          of Indian Laws Order in Council.

                               3.   The word “Government” was substituted for the word “Crown” by the Adaptation of Laws
                          Order, 1950.

                               4.   These words were substituted for the words “Commissioner” by Guj. 15 of 1964, s. 4, Sch.

                               5.   The words “the Government concerned” were substituted for the words “Government”, ibid.

                               6.  The words “by the Collector” were omitted by second schedule of the Bombay Repealing
                          and Amending Act, 1919 (Bom. 2 of 1919).
             1879 : Bom. V ]                Gujarat Land Revenue Code, 1879                                 15
             1
              [(4) Any person shall be deemed to have had due notice of an inquiry or order
             under this section if notice thereof has been given in accordance with rules made
             in this behalf by the 2[ 3[State] Government]].

             37A.      (1) Whenever it appears to the 4[State Government] that any public road,                     Extinction of rights of
             lane or path which is the property of 5[the State Government] or part thereof, is not                  public and individuals
                                                                                                                    in or over any public
             required for the use of the public the 3[State] Government, may, by a notification                     road, lane or path not
             published in the 6[Official Gazette], make declaration to such effect stating in such                  required for use of
                                                                                                                    public.
             declaration that it is proposed that the rights of the public as well as of all individu-
             als in or over any such road, lane or path, or part thereof, as the case may be, shall
             be extinguished. On the publication of such notification, the Collector shall, as soon
             as possible, cause public notice of such declaration to be given at convenient places
             on, or in the vicinity of, such road, lane or path, or part thereof, as the case may
             be. Such declaration and notice shall specify, as far as practicable the situation and
             limits of such road, lane or path, or part thereof, and shall invite objections to the
             aforesaid proposal.

                  (2) Any member of the public or any person having any interest or right in
             addition to the right of public high way, in or over such road, lane or path, or part




                                                                                      e
             thereof, or having any other interest or right which is likely to be adversely affected


                                                                              od
             by the proposal may, within ninety days after the issue of the notification under
             sub-section (1) state to the Collector in writing his objections to the proposal, the
                                                                      aC
             nature of such interest or right and the manner in which it is likely to be adversely
             affected, and the amount and particulars of his claim to compensation for such
                                                                 di

             interest or right:
                                                           In



                  Provided that the Collector may allow any person to make such a statement
             after the period of ninety days after the issue of the notification under sub-section
             (1) if he is satisfied that such person had sufficient cause for not making it within
             the said period.

                 (3) The Collector shall give every person who has made a statement to
             him under sub-section (2) an opportunity of being heard either in person or
             by pleader and shall, after hearing all such persons in such manner and after
             making such further inquiry, if any, as he thinks necessary, determine the
             amount of compensation, if any, which should, in his opinion, be given in
             any case in respect of any substantial loss or damage likely to be caused by
             the proposed extinction of the rights of the public as well as of individuals
I of 1894.   as aforesaid. The provisions of sections 9, 10, 11, 12, 13, 14 and 15 of the
             Land Acquisition Act, 1894, shall, so far as may be apply to the proceedings
             held by the Collector for the determination of the amount of compensation
             under this sub-section :

                  1.   Sub-section (4) was added by Bom. 11 of 1912, s. 1.
                  2.   The words “Provincial Government” were substituted for the words “Governor in Council”
             by the Adaptation of Indian Laws Order in Council.

                  3.   This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

                  4.   These words were substituted for the word “Commissioner” by Guj. 15 of 1964, s. 4, Sch.

                  5.   These words were substituted for the words “the Crown for the purposes of the Province”
             by the Adaptation of Laws Order, 1950.

                  6.   The words “Official Gazette” were substituted for the words “Bombay Government Gazette”
             by the Adaptation of Indian Laws Order in Council.
                         16              Gujarat Land Revenue Code, 1879                               [1879 : Bom. V
                              Provided that no compensation shall be awarded for the extinction or diminu-
                         tion of the right of public high way over such road, lane or path, or part thereof.

                             (4) The Collector shall submit to the 1[State Government] the record of the
                         proceedings held by him with report containing his recommendations on the
                         objections, if any, received by him and stating the amounts of compensation if
                         any, which, in his opinion, are payable to any persons.

                               (5) If the 1[State Government] is satisfied after considering the record of the
                         proceedings and the report, if any, made under sub-section (4), that the public
                         road, lane or path, or part thereof specified in the notification under sub-section
                         (1) is not required for the use of the public, a declaration shall be published in the
                         2
                           [Official Gazette] that all rights of the public as well as of individuals in or over
                         such road, lane or path, or part thereof are extinguished; and all such rights shall
                         thereupon be extinguished, and such road, lane or path, or part thereof shall be at
                         the disposal of 3[the 4[Government] ] with effect from the date of such declaration.

                             (6) The decision of the Collector regarding the amount of compensation and
                         the person to whom such compensation, if any, is payable, shall subject to any




                                                                                               e
                         modification made by the 1[State Government], be final ; and payments shall be


                                                                                       od
                         made by the Collector to such persons accordingly.
                                                                              aC
Lands may be assigned          38. Subject to the general orders of 5[the 6[State Government], it shall be
for special purposes,    lawful for survey officers whilst survey operations are proceeding under Chapter
and when assigned
                                                                         di

shall not be otherwise   VIII 7[ *     * *] , and at any other for the 8[Collector] to set apart lands the
used without sanction    9
                           [property of 10[the State Government]] and not in the lawful occupation of any
                                                                   In


of the Collector.
                         person or aggregate of persons, in unalienated villages or unalienated portions of
                         villages, for free pasturage for the village cattle, for forest reserves, or for any
                         other public or municipal purpose; and lands assigned specially for any such
                         purpose shall not be otherwise 11[used] without the sanction of the 8[Collector];
                         and in the disposal of land under section 37 due regard shall be had to all such
                         special assignments.

                              1.    These words were substituted for the words “Commissioner” by Guj. 15 of 1964, s. 4, Sch.
                              2.   The words “Official Gazette” were substituted for the words “Bombay Government Gazette”
                         by the Adaptation of Indian Laws Order in Council.

                              3.    The words “the Crown” were substitued for the word “Government”, ibid.

                              4.    This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.

                              5.   The words “the Provincial Government” were substituted for the word “Government” by
                         the Adaptation of Indian Laws Order in Council.

                              6.    This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

                              7.    The words “of this Act” were repealed by the Bombay General Clauses Act, 1886 (Bom. 3
                         of 1886), Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses
                         Act, 1904 (Bom. 1 of 1904).

                             8.    This word was substituted for the word “Commissioner” by s. 2(1) of the Bombay
                         Repealing and Amending Act, 1905 (Bom. 4 of 1905).

                              9.   The words “property of the Crown for the purposes of the Province” were substituted for
                         the words “property of Government” by the Adaptation of Indian Laws Order in Council.

                              10. These words were substituted for the words “the Crown for the purposes of the province”
                         by the Adaptation of Laws Order, 1950.

                              11.   This word was substituted for the words “appropriated or assigned” by Bom. 4 of 1913, s. 11.
           1879 : Bom. V ]               Gujarat Land Revenue Code, 1879                               17
           39. The right of grazing on free pasturage-lands shall extend only to the cattle                    Regulation of use of
                                                                                                               pasturage.
           of the village or villages to which such lands belong or have been assigned, and
           shall be regulated by rules to be made from time to time, either generally or in
           any particular instance, prescribed by the Collector with the sanction of the 1[State
           Government]. The Collector’s decision in any case of dispute as to the said right
           of grazing shall be conclusive.

                [39A. Any person who shall unauthorizedly remove from any land which
                2                                                                                              Recovering value
                                                                                                               of natural products
           is set apart for a special purpose or from any land which is the property of                        unauthorizedly
           Government, any natural product shall be liable to the Government for the value                     removed from
           thereof, which shall be recoverable from him as an arrear of land revenue. The                      certain lands.
           decision of the Collector as to the value of any such natural product shall be
           conclusive.]

                40. In villages, or portions of villages, of which the original survey settlement              Concession         of
                                                                                                               4
                                                                                                                 [Government] rights
           has been completed before the passing of this Act, the right of 3[the 4[Government]]
                                                                                                               to trees in case of
           to all trees in unalienated land, except trees reserved by 3[the 4[Government]] or                  settlements completed
           by any survey officer, whether by express order made at or about the time of such                   before the passing of
                                                                                                               this Act.
           settlement, or under any rule, or general order in force at the time of such settlement,




                                                                                  e
           or by notification made and published at or at any time after, such settlement, shall


                                                                          od
           be deemed to have been, conceded to the occupant. But in the case of settlement
           completed before the passing of 5Bombay Act I of 1865 this provision shall not apply
                                                                   aC
           to teak, black-wood or shandal-wood trees. The right of 3[the 4[Government]] to
           such trees shall not be deemed to have been conceded, except by clear and express
                                                             di

           words to that effect.
                                                        In



                 In the case of villages or portions of villages of which the original survey settlement       Concession         of
           shall be completed after the passing of this Act, the right of 3[the 4[Government]] to
                                                                                                               4
                                                                                                                [Government] rights
                                                                                                               to trees in case of
           all trees in unalienated land shall be deemed to be conceded to the occupant of such                settlements completed
           land except in so far as any such rights may be reserved by 3[the 4[Government]],or                 after the passing of
           by any survey officer on behalf of 3[the 4[Government]], either expressly at or about               this Act.

           the time of such settlement, or generally by notification made and published at any
           time previous to the completion of the survey settlement of the district in which such
           village or portion of a village is situate.

                When permission to occupy land has been, or shall hereafter be, granted after                      Concession         of
                                                                                                                   4
                                                                                                                    [Government] rights
           the completion of the survey settlement of the village or portion of a village in
                                                                                                                   to tress in case of
           which such land is situate the said permission shall be deemed, to include the                          land taken up after
           concession of the right of 3[the 4[Government]] to all trees growing on that land                       completion      of
                                                                                                                   settlement.
           which may not have been, or which shall not hereafter be, expressly reserved at
           the time of granting such permission, or which may not have been reserved, under
           any of the foregoing provisions of this section, at or about the time of the original
           survey settlement of the said vaillage or portion of a village.

                1.   These words were substituted for the words “Commissioner” by Guj. 15 of 1964, s.4, Sch.

                2.   Section 39A was inserted by Bom. 14 of 1955, s.2.

                3.   The words “the Crown” were substituted for the word “Government” by the Adaptation of
           Indian Laws Order in Council.

                4.   This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.

                 5.   Bom. I of 1865 (except ss. 37 and 38) is repealed by s. 2 of this Act, which has been
           replealed by Bom. 4 of 1913, s.5.



H-2052—3
                     18              Gujarat Land Revenue Code, 1879                              [1879 : Bom. V
                     1
                      [Explanation.—In the second paragraph of this section, the expression “In the case
                     of villages or portions of villages of which the original survey settlement shall be
                     completed after the passing of this Act” shall include cases where the work of the
                     original survey settlement referred to therein was undertaken before the passing
                     of this Act as well as cases where the work of an original survey settlement may
                     be undertaken at any time after the passing of this Act.]
Trees and forests         41. The right to all trees specially reserved under the provision of the last
vesting in the
2
  [Government].      preceding section, and to all trees, brushwood, jungle, or other natural product
                     growing on land set apart for forest reserves under section 32 of 2Bombay Act I of
                     1865 or section 38 of this Act, and to all trees, brushwood, jungle or other natural
                     product, wherever growing, except in so far as the same may be the property of
                     individuals or of aggregates of individuals, capable of holding property, vests in
                     3
                      [the State Government]; and such trees, brushwood, Jungle or other natural product
                     shall be preserved or, disposed of in such manner as 4[the 5[State] Government]
                     may from time to time direct.

Roadside tress.           42. 6[All road-side trees which have been planted and reared by, or, under the
                     orders of, or at the expense of 7[the 8[Government]] and all trees which have been
                     planted and reared at the expenses of Local Fund, by the side of any road, which




                                                                                         e
                     vests in 7[the 8[Government]]]. But in the event of such trees dying or being blown

                                                                                 od
                     down, or being cut down by order of the Collector, the timber shall become the
                     property of the holder of the land in which they were growing; and the usufruct,
                                                                         aC
                     including the loppings of such trees, shall also vest in the said holder; provided
                     that the trees shall not be lopped except under the orders of the Collector.
                                                                    di


                          9
                           [   *     *    *          *          *          ]
                                                              In



Recovery of value         43. Any person who shall unauthorizedly fell and appropriate any tree or any
of trees,     etc.
                     portion thereof or remove 10[from his holdings] any other natural product 10[whether
unauthorizedly
appropriated.        of the like description or not] which is the property of 7[the 8[Government]], shall
                     be liable to 7[the 8[Government]] for the value thereof, which shall be recoverable
                     from him as an arrear of land revenue in addition to any penalty to which he may
                     be liable under the provisions of this Act for the occupation of the land or otherwise;
                     and notwithstanding any cirminal proceedings which may be instituted against him
                     in respect of his said appropriation of 8[Government] property.

                          The decision of the Collector as to the value of any such tree, or portion
                     thereof, or other natural product, shall be conclusive.
                          1.    This explanation was added and was deemed always to have been added by Bom. 3 of
                     1960, s.2.
                          2.    Bom. I of 1865 (except s. 5. 37 and 38) is repealed by s.2 of this Act, which has been
                     repealed by Bom. 4 of 1913. s.5.
                          3.    These words were substituted for the words “the Crown for the purpose of the Province”
                     by the Adaptation of Laws Order, 1950.
                          4.    The words “the Provincial Government” were substituted for the word “Government” by
                     the Adaptation of Indian Laws Order in Council.
                          5.    This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
                          6.    These words were substituted for the words “All road-side tress which have been planted
                     and reared by, or under the orders of, or at the expense of Government, or at the expense of local
                     funds vest in Government” by Bom. 4 of 1913, s. 12(a).
                          7.    The words “the Crown” were substituted for the word “Government” by the Adaptation of
                     Indian Laws Order in Council.
                          8.    This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
                          9.    The last two paragrapghs were repealed by. Bom. 4 of 1913, s. 12(b).
                          10. These words were inserted by the Bombay Repealing and Amending Act, 1905 (Bom 4 of
                     1905).
             1879 : Bom. V ]                 Gujarat Land Revenue Code, 1879                                 19
                  44. In villages or lands in which the rights of 1[the 2[Government]] to the trees               Regulation of supply
                                                                                                                  of fire - wood and
             have been reserved under section 40 subject to certain privileges of the villagers or of
                                                                                                                  timber for domestic or
             certain classes or persons to cut fire-wood or timber for domestic or other purposes,                other purposes.
             and in lands which have been set apart under section 38 for forest reserves subject to
             such privileges and in all other cases in which such privileges exist in respect of any
             alienated land, the exercise of the said privileges shall be regulated by rules to be from
             time to time either generally or in any particular instance, prescribed by the Collector or
             by such other officer as 3[the 4[State] Government] may direct. In any case of dispute
             as to the mode or time or exercising any such privileges the decision of the Collector
             or of such other officer shall be conclusive.

                  45. 5[(1)] All land, whether applied to agricultural or other purposes, and                     All land libale to
             wherever situate, is liable to the payment of land revenue to 1[the 2[Government]]                   pay revenue unless
                                                                                                                  specially exempted.
             according to the rules hereinafter enacted except such as may be wholly exempted
             under the provisions of any special contract with 1[the 2[Government]] or any law
             for the time being in force :

                  [Provided that a small holder shall not be liable to pay land revenue in respect
                  6

             of the land held by him for the time being for the purpose of agriculture.]

                  But nothing in this Act shall be deemed to affect the power of the Legislature to




                                                                                      e
                                                                                                                  And special exemption
             direct the levy of revenue on all lands under whatever title they may be held whenever               may in case of


                                                                              od
                                                                                                                  necessity be over
             and so long as the exigencies of the State may render such levy necessary.                           rulled for a time.
                                                                      aC
                  [(2) As soon as may be after the coming into force of the Bombay
                  7

             Land Revenue and the Gujarat Panchayats and Education Cess (Amendment)
                                                                    di

             Act, 1972, every Mamlatdar shall, in respect of each of the villages in his
                                                             In


Guj. 25 of   taluka, prepare and thereafter keep and maintain, in the prescribed manner
1972.
             and form, an up-to-date corrected list of small holders not liable to pay land
             revenue under this section and for that purpose shall, from time to time,
             amend, delete or add any entry in that list. In order to enable the Mamlatdar
             to so prepare, keep and maintain such list, every person who is or becomes a
             small holder shall, of his own accord or on being required by the Mamlatadar
             to do so by a general or special notice to be issued in the prescribed manner,
             furnish to the Mamlatdar within whose jurisdiction the land held by him is
             situate within the prescribed period, such particulars as may be prescribed
             and thereafter inform the Mamlatdar about any changes that may take place
             in such particulars from time to time. The Mamlatdar shall, after receiving
             such particulars and after making such inquiry as he thinks fit, make, or as
             the case may be, amend, delete or add, any entries in the list :

                 Provided that the absence or the inclusion of the name of any person from or in
             such list shall not by itself be conclusive evidence as to the liability or non-liability
             of any such person as regards the payment of land revenue.

                  1.    The words “the Crown” were substituted for the words “Government” by the Adaptation
             of Indian Laws Order in Council.
                  2.   This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
                  3.   The words the “Provincial Government” were substituted for the word “Government” by
             the Adaptation of Indian Laws Order in Council.
                  4.   This word was substituted for the word “Provincial” by the Adaptation of Laws Orders,
             1950.
                  5.   Section 45 was numbered as sub-section (1) of that section by Guj. 25 of 1972, s.2.
                  6.   This proviso was inserted, ibid., s. 2(1).
                  7.   Sub-sections (2), (3) and Explanation were inserted by Guj. 25 of 1972, s.2 (2).
                          20                Gujarat Land Revenue Code, 1879                            [1879 : Bom. V



                               (3) The list referred to in sub-section (2) shall be open to inpsection in the office
                          of the Mamlatdar during office hours and shall be published by the Mamlatdar in the
                          prescribed manner and at prescribed intervals.

                               Explanation.— In this section, “small-holder” means a holder in actual
                          Possession of land who cultivates less than one-sixteenth of the ceiling area as                        Guj. XXVI of
                          defined in the Gujarat Agricultural Lands Ceiling Act, 1960 as in force on the                          1961.
                          1st August 1972 and who earns his livelihood principally by agriculture or by
                          agricultural labour.]

Liability of alluvial          46. All alluvial lands, newly-formed islands, or abandoned river-bed which
lands to land revenue.    vest, under any law for the time being in force in any holder of alienated land,
                          shall be subject in respect of liability to the payment of land revenue to the same
                          privileges, conditions, or restrictions as are applicable to the original holding in
                          virtue of which such lands, islands, or river-beds so vest in the said holder, but
                          no revenues shall be leviable in respect of any such lands, islands, or river-beds
                          until or unless the area of the same exceeds half an acre and also exceeds one
                          tenth of the area of the said original holding.




                                                                                              e
Assessment of land             47. Every holder of land paying revenue in respect thereof shall be entitled,


                                                                                      od
revenue in cases of       subject to such rules as may be from time to time made in this behalf by the
diluvion.
                           [ [State] Government], to a decrease of assessment if any portion thereof not
                          1 2

                          being less than half an acre in extent, 3*** is lost by diluvion.
                                                                                aC
                                   4
                                    [   *                 *                 *                 *                 *          *]
                                                                         di


                               [48. 6[(1)    The land revenue leviable on any land under the provisions of
                                                                   In


Manner of assess-              5

ment and alteration of    this Act shall be assessed, or shall be deemed to have been assessed, as the case
assessment. Prohibi-
tion of use of land for   may be, with reference to the use of the land—
certain purposes.
                               (a) for the purpose of agriculture ;
                               (b) for the purpose of residence ;
                               (c) for the purpose of industry ;
                               (d) for the purpose of Commerce, or
                               7
                                [(e) for any other purpose or for other different non-agricultural purpose.]]

                              (2) 8[Where land assessed for use for any purpose is permitted or deemed to
                          have been permitted under section 65, or, as the case may be, under section 65A
                          to be used for 9[any other purpose or purposes, or is used for any other purpose
                          or different purposes] without the permission of the Collector being first obtained
                          or before the expiry of the period prescribed by section 65, or, as the case may
                          be, by section 65A.] The assessment fixed under the provisions of this Act upon
                          such land shall, notwithstanding that the term for which such assessment may have
                               1.    The words “Provincial Government” were substituted for the words “Governoer in Council”
                          by the Adaptation of Indian Laws Order in Council.
                               2.    This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
                               3.    The wrods “not less than one-tenth of the holding” were repealed by Bom. 4 of 1913, s.13.
                               4.    The definition of “holding” was repealed, ibid.
                               5.    Section 48 was substituted by Bom.4 of 1913, s. 14.
                               6.    Sub-section (1) was substituted by the President‘s Act No. 26 of 1976, s. 2(i).
                               7.    Sub-clause (e) was substituted by Guj. 3 of 2016, s. 2 (1).
                               8.    These words, figures and letters were substitued for the words “Where land assessed for
                          use for any purpose is used for any other purpose” by the presidents Act No. 26 of 1976,s.2(ii) (a).
                               9.    These words were substituted for the words “any other purpose, or is used for any other
                          purpose” by Guj. 3 of 2016, s. 2 (2).
1879 : Bom. V ]                Gujarat Land Revenue Code, 1879                                 21
been fixed has not expired, be liable to be altered and fixed at a different rate
1
 [with effect from the commencement of the revenue year in which the land is so
permitted or deemed to have been permitted to be used or, as the case may be, is
used   without   the permission of the Collector] by such authority and subject   to  
such rules as the 2[3[State] Government] may prescribe in this behalf.
     [(2A) Where any land assessed for any purpose is used for a bonafide
     4

industrial purpose under section 65B and a certificate to that effect is issued to
the occupant of such land under   that   section, the   assessment fixed under the
provisions of this Act upon such land shall, notwithstanding that the term for which
such assessment may have been fixed has not expired, be liable to be altered and
fixed at a different rate with effect from the commencement of the revenue year
in which the use of land for a bonafide industrial purpose is commenced, by such
authority and subject to such rules as the State Government may prescribe in this
behalf.]
     (3) Where land held free of assessment on condition of being used for any
purpose is used at any time for any other purposes 5[or different purposes] it shall
be liable to assessment.
    (4) The Collector or a survey officer may, subject to any rules made in this
behalf under section 214, prohibit the use for certain purposes of any unalienated
land liable to the payment of land revenue, and may summarily evict any holder




                                                                         e
who uses or attempts to use the same for any such prohibited purpose.]

                                                                   od
     49. When it has been customary to levy any special or extra cess, fine, or tax,                   Commuted
                                                         aC
however designated, from any holder of land, which, though nominally, wholly or                        assessment of land
                                                                                                       indirectly taxed to
partially exempt from the payment of land revenue, has by the exaction of such                         the State.
cess, fine or tax been indirectly taxed to the State,
                                                    di


     or when any land ordinarily, or under certain cirumstances, wholly or partially                   And of land liable to
                                              In



exempt from assessment, is subject occasionally, or under particular circumstances,                    occasional assessment.
to the payment of assessment, or of any cess or tax, however designated,
    the said assessment, cess,   fine   or   tax may be commuted into an annual  
assessment on the land to be paid under all circumstances, but such
commuted assessment shall not exceed such amount as the 6[Collector] shall
deem to be a fair equivalent of the assessment, cess, fine or tax for which it is
substituted and shall not be in excess of the assessment to which the land would
be ordinarily subject, if no right to exemption existed in respect thereof.
    50. Whenever, any such cess, fine or tax hitherto payable by any inferior                          Surperior holder may
holder shall be made leviable from the superior holder, it shall be lawful for such                    recover     commuted
                                                                                                       assessment from
superior holder to recover from such inferior holder the amount of the commuted                        inferior holder.
assessment fixed in lieu of such cess, fine or tax.
     51. When it has been customary to levy a larger revenue under the name                            Excess of assessment
“veta” or any other designation, upon any portion of land than such portion would                      may be laid on land
ordinarily be liable to in consideration of other land being held with it which is                     inadequately assessed
                                                                                                       held with it.
wholly or partially exempt from payment of revenue, the excess of revenue payable
on the said portion of land may be charged upon the land hitherto held wholly or
partially exempt.

     1.    These words were inserted by the President’s Act No. 26 of 1976, s. 2(ii) (b).
     2.   The words “Provincial Government” were substituted for the words “Governor in Council”
by the Adaptation of Indian Laws Order in Council.
     3.   This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
     4.   Sub-section (2A) was inserted by Guj. 6 of 1997, s. 2.
     5.   These words were inserted by Guj. 3 of 2016, s. 2 (3).
     6.   This word was substitued for the word “Commissioner” by Bom. 28 of 1950, Sch.
                     22              Gujarat Land Revenue Code, 1879                              [1879 : Bom. V
Assessment by whom        1
                            [52.* 2[(1) On all lands which are not wholly exempt from the payment
to be fixed.
                     of   land   revenue, 3[and] on which   the assessment   has not been   fixed   under
                     the provisions of 4[Chapter VIII-A,] the assessment of the amount to be paid
                     as   land   revenue   shall,   subject   to   rules 5** made in this behalf under section
                     214, be fixed at the discretion of the Collector, for such period 6[not exceeding
                     ninety-nine years] as he may, 7[* * * * ]be authorised to prescribe, and the amounts
                     due according to such assessment shall be levied on all such lands :
9
    [ * *]                Provided that in the cases of lands partially exempt from land revenue, or
                     the liability of which to payment of land revenue is subject to special conditions
                     or restrictions, respect shall be had in the fixing of the assessment and the levy
                     of the revenue to all rights legally subsisting, according to the nature of the said
                     rights :

                          [Provided further that where any land which was wholly or partially exempt
                          8

                     from payment of land revenue has ceased to be so exempt, it shall be lawful for
                     the Collector to fix the assessment of the amount to be paid as land revenue on
                     such land with effect from the date on which such land ceased to be so exempt
                     or any subsequent date as he may deem fit.]

                           [(2)
                          10
                                  After the expiry of the period for which the assessment of any land




                                                                                          e
                     is fixed under sub-section (1), the Collector may from time to time, revise the

                                                                                  od
                     same in accordance with the rules made in this behalf by the 11[State] Government.
                     The assessment so revised shall be fixed each time for such period not exceeding
                                                                          aC
                     ninety-nine years as the 11[State] Government may, by general or special order,
                     specify :]
                                                                    di
                                                              In


                          12
                            [Provided that where any land has been assessed for a purpose other than
                     agriculture but the assessment of the amount to be paid as land revenue on such
                     land has been fixed without fixing a period therefore, it shall be lawful for the
                     Collector to revise the assessment of such land under this sub-section at any time
                     after the expiry of a period of ten years from the date on which the assessment of
                     the amount was so fixed and for calculating the aforsaid period of ten years, the
                     period elapsed before the commencement of the Bombay Land Revenue (Extension                             Guj. 35 of
                     to Kutch Area and Amendment) Act, 1965 may be taken into account.]                                       1965.

                           1.   Section 52 was substituted by Bom. 6 of 1901.
                     *See section 5 of Bom. 6 of 1901, which is as under :
                       “5. Saving validity of past assessments purporting to have been fixed under section 52.
                     Any assessment of land revenue heretofore fixed by the Collector which expressly purports or may
                     be reasonably held to have been intended, to have been fixed under section 52 shall, be valid and
                     deemed to have been fixed under that section as amended by the foregoing section of this Act, and the
                     amounts due according to such assessment shall, until duly revised or altered, continue to be levied.”
                           2.   Section 52 has been numbered as sub-section (1) of section 52 by Bom. 35 of 1948, s. 2.
                           3.   This word was substituted for the word “or” by the Bombay Repealing and Amending Act,
                     1905 (Bom. 4 of 1905).
                           4.   The word, figures and letter   “Chapter VIII-A” were substituted for the words and figures
                     “section 102 or 106” by Bom. 20 of 1939, s. 4.
                           5.   The words “or orders” were repealed by Bom. 4 of 1913, s. 15.
                           6.   These words were inserted by Bom. 35 of 1948, s. 2.
                           7.   The words “by general or special orders of Government in this behalf” were repealed by
                     Bom. 4 of 1913, s. 15.
                           8.   This proviso was inserted by Bom. 28 of 1956, s. 3(1).
                           9.   The marginal note “proviso” was deleted, ibid., s. 3(2).
                           10. Sub-section (2) was inserted by Bom. 35 of 1948, s. 2 (2).
                           11. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
                           12. This proviso was added by Guj. 35 of 1965, s. 6.
              1879 : Bom. V ]                 Gujarat Land Revenue Code, 1879                                 23
                   53. A Register shall be kept by the Collector in such form as may from time                        Register of alienated
                                                                                                                      lands.
              to time be prescribed by the 1[ 2[State] Government]] of all lands, the alienation
              of which has been established or recognised under the provisions of any law for
              the time being in force; and when it shall be shown to the satisfaction of the
              Collector that any sanad granted in relation to any such alienated lands has been
              permanently lost or destroyed, he may, subject   to the   rules   and   the   payment  
              of the fees prescribed by the 1[ 2[State] Government]] under section 213, grant
              to any person whom he may deem entitled to the same a certified extract from
              the said Register, which shall be endorsed by the Collector to the effect that it has
              been issued in lieu of the sanad said to have been lost or destroyed, and shall be
              deemed to be as valid a proof of title as the said sanad.

                  54. The settlement of the assessment of each portion or land, of survey                             Settlement of
              number, to the land revenue, shall be made with the person who, under section                           assessment to be
                                                                                                                      made with the holder
              136, is primarily responsible to 3[the 2[State] Government] for the same.                               directly from 2[State]
                                                                                                                      Government.

                         4
                          [*       *          *          *          *          *]

                    55. The 1[2[State] Government] may authorise the Collector or the officer in                      Rates for the use of




                                                                                        e
              charge of a survey or such other officer as   5[it] deems fit to fix such rates as                      water.


                                                                                od
               [it] may from time to time deem fit to sanction, for the use, by   landholders and  
              5

              other persons, of water, the right to which vests in 6[the 7[Government]], 8[and in
                                                                        aC
              respect of which no rate is leviable under the Bombay Irrigation Act, 1879]. Such
              rates shall be liable to revision at such periods as 9[the 2[State] Government] shall
                                                                   di

Bom. VII of
1879.         from time to time determine, and shall be recoverable as land revenue.
                                                             In



                   56. Arrears of land revenue due on account of land by any landholder
                                                                                                                      Land revenue to be a
              shall be a paramount charge on the holding and every part thereof, failure                              paramount charge on
              in payment of which shall make the occupancy or alienated holding togther                               the land.
              with all rights of the occupant or holder over all trees, crops, buildings and
              things attached to the land or permanently fastened to anything attached to the
              land, liable to forfeiture, whereupon the Collector may levy all sums in arrears by

                    1. The words “Provincial Government” were substituted for the words “Governor in Council”
              by the Adaptation of Indian Laws Order in Council.

                    2.   This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

                   3. This words “Provincial Government” were substituted for the word “Government” by the
              Adaptation of Laws Order, 1950.

                    4.   The second paragraph of section 54 was repealed by Bom. 4 of 1913, s. 16.

                    5. The word “it” was substituted for the word “he” by the Adaptation of Indian Laws Order
              in Council.

                    6.   The words “the Crown” were substituted for the word “Government”, ibid.

                    7.   This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.

                     8. These words and figures were substituted for the words “or which has been made available
              in consequence of the construction, improvement, or repair of any irrigational or other work by or at
              the instance of Government” by s. 2 of the Bombay Irrigation Act, 1879 (Bom. 7 of 1879) infra.

                    9. The words “the Provincial Government” were substituted for the word “Government” by
              the Adaptation of Indian Laws Order in Council.
                         24              Gujarat Land Revenue Code, 1879                               [1879 : Bom. V
                         sale of the occupancy or alienated holding, 1[* * *] or may otherwise dispose
                         of such occupancy or alienated holding under rules 2[* * * ] made in this behalf
                         under section 214, 3[and such occupancy or alienated holding when disposed of,
                         whether by sale as aforesaid, or by restoration to the defaulter, or by transfer to
                         another person or otherwise howsoever, shall unless the Collector otherwise directs,
                         be deemed to be freed from all tenures, rights, incumbrances and equities therefore
                         created in favour of any person other than 4[the 5[Government]] in respect of such
                         occupancy or holding].

Forfeited holdings       57. It shall be lawful for the Collector in the event of the forfeiture of a holding
may be taken
                         through any default in payment or other failure occasioning such forfeiture under
possession of and
otherwise disposed.      the last section or any law for the time being in force, to take immediate possession
                         of 6[*       *      *       *] such holding, and to dispose of the same by placing
                         it in the possession of the purchaser or other person entitled to hold it according
                         to the provisions of this Act or any other law for the time being in force.

Receipts.                     7
                               [58.    (1) Every revenue officer and every hereditary patel and every
                         8
                          [village accountant] receiving payment of land revenue 9[shall, at the time when
                         such payment is received by him, give] a written receipt for the same.




                                                                                               e
                              (2) Every superior holder of an alienated village or of an alienated share of

                                                                                       od
                         a village who is entitled to recover direct from an inferior holder any sum due
                         on account of rent or land revenue 9[shall, at the time when such sum is received
                                                                              aC
                         by him, give] to such inferior holder a written receipt for the same.
                                                                         di

                              (3) Every hereditary patel and 10[accountant] who receives, in behalf of a
                         superior holder of an alienated village or of an alienated share of a village, any
                                                                   In



                         rent or land revenue from inferior holder 9[shall, at the time when such rent or
                         land revenue is received by him, give] to such inferior holder a written receipt
                         for the same. Such receipts shall be a full discharge to such inferior holder for
                         such rent or land revenue as against such superior holder. A copy of such receipts
                         shall in every case, be sent to the superior holder by such patel or accountant.]
Penalty for failure to        59. Any person convicted of a breach of the provisions of the last preceding
grant receipts.          section after summary inquiry before the Collector shall be liable to a fine not
                         exceeding three times the amount received for which a receipt was not duly granted
                         11
                           [or Rs. 100] and one-half of the fine may, at the discretion of the Collector, be
                         paid to the informer if any. Such inquiry may at any time be instituted by the
                         Collector of his own motion without any complaint being preferred to him.
                              1.    The words “freed from all tenures, incumbrances and rights created by the occupant or holder
                         or any of his predecessors in title, or in any wise subsisting as against such occupant or holder” were
                         repealed by Bom. 6 of 1901, s. 6.
                              2.    The words “or orders” were repealed by Bom. 4 of 1913, s. 17.
                              3.    These words were added by Bom. 6 of 1901, s. 6.
                              4.    The words “the Crown” were substituted for the words “Government” by the Adaptation
                         of Indian Laws Order in council.
                              5.    This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
                              6.    The words “the land embraced within” were repealed by Bom. 4 of 1913, s. 18.
                              7.    Section 58 was substituted by s. 2, 1st Sch. Part-II, serial No. 3 of the Bombay Repealing
                         and Amending Act, 1910 (Bom. 1 of 1910).
                              8.    These words were substituted for the words “hereditary village accountant” by Bom. 60 of
                         1950, Sch. II.
                              9.    These words were substituted for the words “shall give” by Bom. 53 of 1949, s. 3, Second
                         Schedule.
                              10. This word was substituted for the words “hereditary accountant” by Bom. 60 of 1950, Sch.
                         II.
                              11. The word, letters and figures “or Rs. 100” were inserted by Bom. 29 of 1939, s. 30, read
                         with Bom. 67 of 1948, s. 89.
           1879 : Bom. V ]                 Gujarat Land Revenue Code, 1879                                 25
                                                   CHAPTER VI.
                1
                 [Of the Grant, Use And Relinquishment Of Unalienated Land]

                60. Any person desirous of taking up unoccupied land which has not been                            Written permission
                                                                                                                   of Mamlatdar or
           alienated must, previously to entering upon occupation obtain the permission in
                                                                                                                   Mahalkari required
           writing of the Mamlatdar or Mahalkari.                                                                  previous to taking up
                                                                                                                   unoccupied land.

                61. 2[Any person who shall unauthorizedly enter upon occupation of any                             Penalties for
                                                                                                                   unauthorized
           land set apart for any special purpose, or any unoccupied land which has not                            occupation of land.
           been alienated, and any person who uses or occupies any such land to the use
           or occupation of which by reason of any of the provisions of this Act he is not
           entitled or has ceased to be entitled shall,]

                if the land which he unauthorizedly occupies forms part of an assessed
           survey number, pay the assessment of the entire number for the whole period of
           his 3[unauthorized] occupation, and

                if the land so occupied by him has not been assessed, such amount of assessment
           as would be leviable for the said period in the same village on the same extent of




                                                                                     e
           similar land 4[used for] the same purpose; and shall also be liable, at the discretion of


                                                                             od
           the Collector, to a fine not exceeding 5[one per cent of the prevalent annual statement
           of rate (Jantri) as may be notified by the state Government from time to time] if he
                                                                     aC
           has taken up the land for purposes of cultivation, and not exceeding such limit as may
           be fixed in rules 6 [* *] made in this behalf under section 214, if he has 7[used it for]
                                                               di

           any non-agricultural purpose.
                                                          In


               The Collector’s decision as to the amount of assessment payable for the land
           unauthorizedly occupied shall be conclusive, and in determining its amount
           occupation for 8[a portion] of year shall be counted as for a whole year.

                The person unauthorizedly occupying any such land may be summarily
           evicted by the collector, and any crop 9 [* * *] raised in the land shall be liable
           to forfeiture, and any building, or other construction, 9[***] erected thereon shall
           also, if not removed by him after such written notice as the Collector may deem
           reasonable, be liable to forefeiture, 10[ or to summary removal].
               Forfeitures under this section shall be adjudged by the Collector, and any
           property so forfeited shall be disposed of as the Collector may direct 9[and the
           cost of the removal of any encroachment under this section shall be recoverable
           as an arrear of land revenue].
                 1.   This heading was substituted for the original heading “Of the occupation of unalienated
           land and the rights of occupants” by Bom. 4 of 1913, s. 19.
                 2.   These words were substituted for the words “Any person who shall unauthorizedly, occupy
           any land set apart for any special purpose or any unoccupied land which has not been alienated shall”
           by Bom. 3 of 1921, s. 2.
                 3.   This word was inserted, ibid.
                 4.   These words were substituted for the words “appropriated to” by Bom. 4 of 1913, s. 20.
                 5.   These words and bracket were substituted for the words “five rupees, or a sum equal to
           ten times the amount of assessment payable by him for one years, if such sum be in excess of five
           rupees” by Guj. 20 of 2011, s. 2.
                 6.   The words “or orders” were repealed, by Bom. 4 of 1913, s. 20.
                 7.   These words were substituted for the words “appropriated it to”, ibid.
                 8.   These words were substituted for the words “an incomplete portion” by the Amending Act,
           1895 (16 of 1895).
                 9.   The words “he may have” were repealed by Bom. 6 of 1901, s. 7.
                10. These words were added by the first Schedule of the Bombay Repealing and Amending
           Act, 1919 (Bom. 2 of 1919).
H-2052—4
                          26                  Gujarat Land Revenue Code, 1879                              [1879 : Bom. V
Unoccupied land may            [62.
                                  1
                                       It shall be lawful for the Collector subject to such rules as may from
be granted on             time to time be made by the 2[3[State] Government] in this behalf, to require the
conditions.
                          payment of a price for unalienated land or to sell the same by auction and to annex
                          such conditions to the grant as he may deem fit, before permission to occupy is
                          given under section 60. The price (if any) paid for such land shall include the price
                          of the 4[Government] right to all trees not specially reserved under the provisions
                          of section 40 and shall be recoverable as an arrear of land revenue.]

Grant of alluvial land         [63.
                                  1
                                       When it appears to the Collector that any alluvial land, which vests
vesting in the            under any law for the time being in force in 5[the State Government], may with
4[Government].
                          due regard to the interests of the public revenue be disposed of, he shall offer the
                          same to the occupant (if any) of the bank or shore on which such alluvial land
                          has formed.

                                [The price of the land so offered shall be such as may be determined by the
                                  6

                          state Government.]

                              If the said occupant shall refuse the offer, the Collector may dispose of the
                          land without any restrictions as to the price to be asked.

                               For the purpose of this section, notwithstanding anything contained in section




                                                                                                    e
                          3, if the bank or shore has been mortgaged with possession, the mortgagor shall
                          be deemed to be the occupant thereof.]
                                                                                           od
                                                                                    aC
Temporary right to             64. When alluvial land forms on any bank or shore, the occupant, if any, of
alluvial lands of small
                          such bank or shore shall be entitled to the temporary use 7[**] thereof unless or
                                                                             di

extent.
                          until the area of the same exceeds 8[one] acre 9[* * *] . When the area of the
                                                                       In


                          alluvial land exceeds the said extent, it shall be at the disposal of the Collector
                          subject to the provisions of the last preceding section.

                                  10
                                       [ *    *    *          *          *          *          ]

Uses to which             65. 11[(1)] Any occupant, of land 12[assessed or held for the purpose of agriculture]
occupant of land for
purposes of agriculture
                          is entitled by himself, his servants, tenants, agents, or other legal representatives,
may put his land.         to erect farm-buildings, construct wells or tanks, or make any other improvements
                          thereon for the better cultivation of the land, or its more convenient 13[use for the
                          purpose aforesaid].

                                  1.     Sections 62 and 63 were substituted by Bom. 4 of 1913, ss. 21 and 22, respectively.
                               2.   The words “Provincial Government” were substituted for the Words “Governor in Council”
                          by the Adaptation of Indian Laws Order in Council.
                                  3.     This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
                                  4.     This word was substituted for the word “Crown”, ibid.
                                  5.     These words were substituted for the words “the Crown for the purposes of the Province”,
                          ibid.
                               6.    These words were substituted for the words “The price of the land so offered shall not
   
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About this act

Jurisdiction
Gujarat
Enactment date
1879-07-17
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