The Gujarat Validation of Occupancy and Allotment of Certain Lands of Excess Vacant Land vested in the State Government (under the Urban Land (ceiling and Regulation) Act, 1976) ) Act,2017.

Extra No. 7 

© 
tltbe d9ujarat @obernment ~a?ttte 

EXTRAORDINARY 
PUBLISHED BY AUTHORITY 

Vol. LVTII ) WEDNESDAY, MARCH 15, 2017f1'RAJ.,GUNA 24, 1938 

Separate paging is given to this Pa rt in order that it may be filed'" a Separnte Compiht!ion. 

PART IV 
Acts of Gujarat Legislature and Ordinances promulgated and Regulations 

made by the Governor. 

The following Act of the Gujarat Legislature, having been 
assented to by the Governor on the J 4'0 ·March, 2017 is hereby 
published for general information. 

KM. LALA, 
Secretary to the Govenunent of Gujarat, 

Legislative and Parliamentary Affairs J)epartmcnt. 

GUJARAT ACT NO. 7 OF 2017. 

(First published, after having received the assent ofihe Governor. 
in the "Gujarat Govemmeni Gazelle", on the J 51

b March, 201 7). 

AN ACT 

to provide for validation of occupancy and allotment of certain 

lands of excess vacant land vested in the State Government under sub­

section (3) of section JO of the Urban Land (Ceiling and Regulation) 

Act, 1976 and whose possession had been taken over by the State 

Government prior to the 3010 March, 1999 and for the matters connected 

therewith or incidental thereto. 

EX. IV-7 7- t 



7-2 GUJARAT GOVERNMENT GAZETTE, EX. 15-03-2017 [PART IV 

WHEREAS lhe Government of India had enacted the Urban 

Land (Ceil ing and Regulation) Act, 1976 to provide for the imposition 33 of1976. 

of a ceiling on vacan t land in urban agglomerations and for the 

acqu isition of such land in excess o f the ceiling limit; 

A Nfl \VII FRF i\S in view (\f suh-scct i()n (::') of section I ul' the 

Urban Land (Ceiling and Regulation) Repeal Act, 1999, the said 1s of t99?. 

Repealing Act shal.1 apply to any other State from the date on which the 

Legislature of the State adopts the Act by passing a resolution in that 

beha lf under clause (2) of an icle 252 o f the Constitution of India; 

AND \VJ IEREAS the Gujarat State Legislature had adopted the 

said Repealing Act, I 999 by resolution on the 30111 March, 1999 and thus 

it has come into force in the State of Gujarat with effect from the 30'h 

March, 1999; 

AND WHEREAS the Urban Land (Ceili ng and Regulation) Act, 33 of J9?6. 

1976 Act has thus been rerealed by the Urban Land (Ceiling and 

Regulation) Repeal Act, 1999 with effect from the 30'11 March, 1999; J5 of 1999. 

AND WHEREAS before the repeal of the said Act of 1976, 

certain excess vacani lands have been vested in ihe State Government 

under the provisions of the sa id repea led Act ; 

AND WHEREAS the State Government is requi red to allot such 

surplus exce-ss land vested in it in the manner as provided in the said 

repealed Act; 

AND WI IEREAS the residential structures had already come up 

on such excess vacant land the possession of which had been taken over 

by the State Government prior to the 30'" March, 1999: 

AND WHEREAS the persons belonging to the lower economic 

strata of the society in the urban agglomerations have been in occupancy 

of the residential structures and as such are in the occupation of such 

excess vacant lands; 

AND WHEREAS the State Government is o f the view that it 

wi ll cause great hardship to such occupams if steps arc taken to remove 

them from such occupancy; 



PART JV] GUJARAT GOVERNMENT GAZETTE, EX. 15-03-2017 

AND WHEREAS the State Government is committed to 

forthering equitable distribution of land in the tirban agglomerations for 

the benefit of the economically weaker sections of the society; 

It is hereby enacted in the Sixty-e ighth Year of the Republic of 

India as follows:-

7.3 

1. ( I) This Act may be called the Gujarat Validation of Occupancy and Sborttitleaud 

Allotment of Certain Lands of Excess Vacant Land Vested in the State commencement. 

Government (under the Urban Land (Ceiling and Regulation) Act, 1976) 
Act, 2017. 
(2) It shall be deemed to have come into force on the 15°' December, 
2016. 

2. ln this Act, unless the context otherwise requires,· 

(a)"Corporation" means the Municipal Corporation as defined by clause 
Born. J.JX 

or 1949. (10) of section 2 of the Gujarat Provincial Municipal Corporations 

Act, 1949; 

(b )"excess vacant land·' means the land vested in the State Government 

the possession of which has been taken over by the State 

Government under the repealed Act before the 301
h March, 

1999; 

(c)'·occupant" means the person who is in occupation of the residential 

structure constructed on the excess vacant land from or prior to 1" 

January, 2011 ti ll the date of coming into force of this Act and 

includes such person who as a result of a transaction or transactions 

during the period commencing from I" January, 201 I and end ing 

on 31" May, 2016 is in occupation of such structure on the date of 

coming into force of this Act; 

(d)"occupancy price" means such sum of money as notilied by the State 

Government which the occupant is obliged to pay for validating the 

occupancy; 

(e)"prcscribcd" means prescribed by rules made under section 15; 

(!)''repea led Act" means the Urban Land (Ceiling and Regulation) 

Act 1976; 

33 or 1976. (g)"residential structure" means an abode of any type on the excess 

vacam land used by the occupant for the purpose of personal 

Definitions. 



7-4 GUJARAT GOVERNMENT GAZETTC, EX. 15-03-2017 (PART IV 

habitation and includes any appurtenant livelihood activities within 

the said structure; 

(h) "State Government" means the Government of Gujarat. 

\'a lidation of 3. Not\vithstandjng anything contained in (tny other la\Y 0 1 in any 
Occu1>ancy 

and 
Allottnent of 

Exct.ss 
\1::ic:~nt 

L'rnd. 

j udgment, decree or order of any competent Court, the State 

Governmell! may validate the occupancy and allot certain lands of the 

excess vacant land vested in it, whose possession was taken over under 

the repealed Act in the manner as provided hereinafter. 

Application 4. The occupant of the residential structure shall, for the purpose of 

for va lidation of his occupancy of land and a llotment thereof, make an 
\ 'alidation of 

Oocupancy application, in the prescribed form along with such fee as may be 
of Land and 

Allotment prescribed towards che occupancy price as may be dctcnn incd by the 

thereof. State Government in this behalf; to the Mamlatdar within a period of 

three months from the date of coming into force of this Act or within 

such time as may be extended by the St<ite Government by an order, 

from time to time. 

Doc:.un1enrs 
IQ be 

sub111itted 

S. (I) The occupant shall, alongwith his application shall submit a copy 

of nocice given to him under sections 61 and 202 of the Gujarat Land 

with Revenue Code, 1879 and the orders thereunder, if any. 
,\µplication. 

(2) The occupant shall. in order to cla im the occupancy, submit 

a longwith his application of the oldest possible origin, any one or more 

of the following documents. namely:-

( i) Ration Card; 

( ii) ;\adhaar Card; 

(iii) Passport; 

(iv) Driving Licence; 

(v) Voter ID card; 

(vi) Electricity bill; 

(vii) Property tax bill : 

(viii) Water Charges bi ll : 

B-0m. 
vor 
187?. 



PART IV] GUJARAT GOVERNMENT GAZETIE, EX. 15-03-2017 

Provided that the occupant, may in support of his c laim of his 

occupancy, also submit the copy of the sale deed or agreement for sale 

or an instrument for possession, if any. 

(3) The occupant shall. for the purpose of his identity, submit a longwith 

his application any one or more of the following documents, namely:-

(i) PAN card; 

(ii) Aadhaar card; 

(iii) Passport; 

(iv) Driving License; 

(v) Voter ID card. 

6.The Ma1nalatdar shall, after receiving the application under section 4, 

issue a notice in such fonn as may be prescribed inviting thereby the 

objections from any person within a period of one month from the dare 

of such notice with regard to the claim of occupancy made by the 

occupant. 

7-5 

Notie;e for 
ln,cHing 
ObjcctiOD.\i by 
Marna1atdar. 

7. (I) In case where the ot<jections have been received pursuant to the Decision of 

notice under section 6, the Mamalatdar shall consider the same and after Mamalaldar. 

giving an opportunity of being heard to all concerned and considering 

the claims made by them, may either grant the application of the 

occupant or reject the same. 

(2) In case where the occupant's application is not rejected under sub­

section ( l) and the Mamalaidar is satisfied about the genuineness of the 

claim of 1he occupant in respect of the residential s tructure laking into 

consideration the relevant documents, he shall issue a notice to the 

occupant directing thereby him to make the remaining payment towards 

lhe occupancy price for the purpose of val idation of occupancy and 

allotment of the excess vacant land: 

Provided that for arriving at such satisfaction as referred to 

above. the Mamalatdar may also take into consideration any data of 

house to house survey carried out by either the Central Government or 

the State Government, as the case may be, old records of Ration card 



7-6 GUJARAT GOVERNMENT GAZETTE, EX. 15-03-:lO 17 [ l'/\l{T IV 

8;1r of 

lrausfer or 
auoued land. 

and Electoral roll or any other document or documents, as he deems fit, 

wh icn may be available in his office or in any other public office. 

(3) The occupanl shall, within a period of one month or the receipt of 

the notice under sub-section (2), make the necessary paymenl as 

envisaged in the notice, failing which his application shall be deemed to 

have been rejected. 

(4) After the necessary payment as provided under sub-section (3) is 

made, the Mamalatdar sha ll pass an order, in such form as may be 

prescribed, or va)ida1ion of occupancy and allotmcnl of !he excess 

vacant land in the manner and subject to such conditions as the State 

Govenui1en1 may prescribe. 

8. No occupant in whose favour an order is made under sub-section 

( 4) of section 7 for allolment of land or his heirs shall transfer such land 

before the expiry of fifteen years from the date of such order. 

Conscqueo«s 9.Jn case where the occupant of any residential structure fails to make an 
in the event of 

application as provided under section 4 within the prescribed time limit, failing to n1ake 

au appti<atiou. the occupant shall be removed from such residential structure and the 

Mamalatdar shall take the possession of the same treating the 

residential structure as the encroachment on the excess vacant land in 

the manner as laid down under the provisions of the Gujarat Land 

Revenue Code, 1879. 

Appeal. 10.(l) Any person making a claim including the occupant, being 

aggrieved by any order of the tvlamalatdar passed under sub-section (4) 

of section 7, may prefer an appeal before the Appellate Officer with in a 

period of sixty days from the receipt of such order: 

Provided that if the Appellate Officer is satisfied that such 

person was prevented from preferring an appeal with in the prescribed 

time limit for sufficient cause, he may entertain the appeal even after 

such prescri bed time limit but not exceeding six months: 

Provided further that in case where appeal is preferred by any 

person or the occupant, the same shall no! !)e entertained unless the 

Bo1n. ' ' 
of 1879. 



PART JV] GUJARAT GOVERNMENT GAZETIE, EX. 15-03-20 17 

payment is made as is determined by the State Government under 

section 4 while making an application by the occupant. 

(2) The State Government may appoint, by notification in the Official 

Gazeue, as many Deputy Collectors as the Appellate Officers for 

different areas or for part of any area as it may deem necessary. 

(3) The Appellate Officer shall, ancr affordi ng an opporrunity of being 

heard to such person, may confirm, revise or dismiss the order against 

wh ich the appeal is preferred. 

7-7 

11.( I) Any person, including the occupant, being aggrieved by any order Rcvishrn. 

of the Appellate Officer made under sub-section (3) of section 10, may 

prefer revision application before the Special Secretary, Re venue 

OcpaJ1ment (Appeal) within a period of sixty days of such order and his 

decision shall be final: 

Provided that in case where the revision appl ication is preferred 

by any person or the occupant, the same shall not be entertained unless 

the payment is made as is determined by the State Government under 

section 4 while making an application by the occupant. 

(2) The Spec ial Secretary, Re venue Oepmtment (Appeal) may 

constitute the special benches at Surat, Yadodara and Rajkot for 

entertaining the applications made under sub-section (!). 

12.No Civil Court shal l have any jurisdiction to dea l with or decide any 

question which the Mamalatdar, the Appellate Officer or the Revision 

Authority is empowered to deal with or decide by or under this Act and 

no injunction shall be granted by any Civil Court in respect of any 

action taken or to be taken in pursuance of any power by 01· under this 

Act. 

13.Any payment made as provided under section 4 by the occupant 

along with the application or any payment made under section I 0 for 

preferring an appeal or for preferring revision application under section 

11 shall be refundable in case where the application, or the appeal or 

the revision application is rejected or dismissed, as the case may be. 

Indemnity. 14. No suit or other legal proceedings shall lie against the State 

Bar of 
Jurisdiction 
of Ch1il 
Coul't. 

Paynlcnt 
under 
Stt~tiO l'JS 4 , 10 

and 11 to be 
refundable. 



7-8 GUJARAT GOVERNMENT GAZETIE, EX. I 5-03-20 17 [PART IV 

Pon·er to 
make 
rulc-o;. 

Government or any officer of the State Government in respect of 

an)·1hing which is in good faith done or intended to be done by or under 

this Act. 

IS. ( J) The State Government may, by notilication in the Official 

Gazelle, make ru les for carrying out <l ll or any of the purposes of this 

Act. 

(2) All rules made under this section shall be laid for not less than thirty 

days before the State Legislature as soon as may be they are made and 
shall be subject to the recession by the State Legislature or to such 
modi fication as the State Legislature may make during the session in 

which they are so laid or the session immediately following. 
(3) Any recession or modification so made by the State Legislature shall 
be published in the Official Ga:zelle, and shall thereupon take effect. 

16. Jfany difficulty arises in giving effect to the provisions of this Act, 
ro,ver to 

the State Government . ma)', by an order published in the 0 1fjicial ren1ovt '1.1 

d lfficultie<. Gazelle, make such provisions not inconsistent with the provisions of 
this Act as may appear to be necessary for removing the difficu]ly: 

Provided that no such order shall be made after the expiry of 
the period of two years from the commencement of this Act. 

Hcpcal and 17.(1) The Gujarat Validation of Occupancy and Allotment of Certain 
'"";ngs. Lands of Excess Vacant Land Vested in ihe State Government (under 

the Urban Land (Cei ling and Regulation) Act, 1976) Ordinance. 2016 is 
hereby repealed. 

(2)Notwithstanding such repeal, anything done or any action taken under 
the said Ordinance, shall be deemed to have been done or taken under 

this Act. 

Cuj. 
Ord. 6 of 
2016. 



Extra No.31 qf{s etcl%q'il ee 1t. €qoo/-

@be Gufirff Gobernmtnt Gurette
EXTRAORDINARY

PUBLISHED BY AUTHORITY
Vol. LVIII THURSDAY, AUGUST 20LT{BHADRA 2, 1939

Separate paging is given to this Part in order that it may be filed as a Separate Compilation.

ART IV
Acts of Gujarat Legislature and Ordinances,promulgated and Regulations

made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the
Govemor on the 23dAugust, 2017 is hereby pubrished for geieral information.

K. M. LALA,
Secretary to the Govemment of Gujarat,

Legislative and Parliamentary Affairs Department.

GUJARATACT NO.30 OF 2017.

(First published, after having received the assent of the Govemor. in the
"Gujarat Government Gazette", on the 24tr Augus! 2017).

AII ACT

further to amend the Gujarat validation of occupancy and Allotment of
certain Lands of Excess vacant Land vested in the State Government (under
the Urban Land (Ceiling and Regulation ) Act, 1976) Act,2017.

It is hereby enacted in the Sixty-eighth year of the Republic of India as
follows:-

1. This Act may be called the Gujarat validation of occupancy and
Allotment of Certain Lands of Excess Vacant Land vested in the State
Government (under the Urban Land (ceiling and Regulation) Act, 1976)
(Amendment) Act,2017.

IV-Ex-31 3 l-l

Short tifle.



31-2 GUJARAT GOVERNMENT GAZETTE, EX. 24-08-2017 [ PART IV

Amendment 2. In the Gujarat Validation of Occupancy and Allotment of Certain
ofsection 7 of

Guj. 7 of Lands of Excess Vacant Land Vested in the State Govemment (under the

'ott' Urbun Land (Ceiling and Regulation) Act, 1976) Act, 2017 (hereinafter Guj. 7 or

refened to as "the principal Act"), in section 7, in sub-section (3), for the 
2ol7'

.F words, brackets and figure "within a period of one month of the receipt of the

notice irnder sub-section (2)",the words "ivithin period as may be prescribed"

shall be substituted.

Amendment 3. In the principal Act, to section 8, the following proviso shall be added,
of section 8
of Guj. 7 of namely:-

2017.

"Provided that nothing in this section shall preclude a nationalized

bank from recovering its legitimate dues under the relevant law from an

occupant even before the expiry offifteen years.".

Govemment Central Press, Gandhinagar