NYAYA SIGNAL
Gujarat · 1879 · Bare Act
The Gujarat Land Revenue Code, 1879
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
BOMBAY ACT No. V OF 1879
The Gujarat Land Revenue Code, 1879
(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 ]
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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
The Gujarat Land Revenue Code, 1879
(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
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 [ Repealed.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.
4. Chief controlling authority in revenue matters. 6
5. [Deleted.] 6
6. [Deleted.] 6
6A. [Deleted.] 6
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
22. Seals. 11
CHAPTER III.
OF THE SECURITY TO BE FURNISHED BY CERTAIN REVENUE OFFICERS AND THE
LIABILITY OF PRINCIPALS AND SURETIES.
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
40. Concession of Government rights to trees in case of settlements completed 17
before the passing of this Act.
Concession of Government rights to trees in case of settlements completed after the passing of this Act.
Concession of Government rights to trees in case of land taken up after completion of settlement.
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
CHAPTER VI.
OF THE GRANT, USE AND RELINQUISHMENT OF UNALIENATED LAND.
60. Written permission of Mamalatdar or Mahalkari required previous to taking up unoccupied land. 25
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
73B. Payment of primium for sanctioning transfer or partition of occupancy. 40
74. Relinquishment. 40
75. [Repealed.] 40
76. Relinquishment of land described in paragraph 1 of section 49. 40
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.
87. The Collector how to proceed on such application being made. 45
Assistance may be refused or granted to a limited extent only.
Civil suit not to be barred.
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
106. State Government may direct a fresh survey and revision of assessment. 48
107. [Repealed.] 48
108. Preparation of statistical and fiscal records. 48
109. [Repealed.] 49
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.
Orders on the Settlement Report. 54
117M. Power of State Government to place surcharge or grant rebate after every ten years. 54
117N. Power to Government to exempt from assessment for water advantages. 54
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
125C. Introduction of Supplemental Revenue Settlement. 60
125D. Appointment of Revenue Officers 60
125E. Process to be followed for Supplemental Revenue Settlement 60
125F. Of compounding fee for violations and Exclusions from Supplemental Revenue Settlement 60
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
133. Sanad to be granted without extra charge. 66
Proviso.
133A. Claim for entry in Record of Rights. 66
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
135R. Mode of proof of entries in agriculturist pass-book. 73
135S. Penalty for contravention of section 135P. 74
135T. Penalty for unauthorised alteration in pass-book or furnishing false information. 74
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
154. Distraint and sale of defaulter’s moveable property. 78
By whom to be made. 78
155. Sale of defaulter’s immovable property. 78
156. Exemption from distraint and sale. 78
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
180. Refund of deposit or purchase-money when sale set aside. 83
181. On confirmation of sale purchaser to be put in possession. 83
Certificate of purchase. 83
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
Notice to parties. 86
197. Ordinary inquiries how to be conducted. 86
198. Copies and translations, etc., how to be obtained. 87
199. Arrest of a defaulter to be made upon a warrant. 87
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
H-2052—(iii)
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
218A. Repeal of Bom. V of 1879 as in force in the Kutch area of the State of Gujarat. 94
Schedules. 95
xvi Gujarat Land Revenue Code, 1879 [1879 : Bom. V
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.
,, 6 of 1888 as amended by Bom.
2 of 1905.
,, 11 of 1912.
,, 4 of 1913.
,, 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.
Amended by Bom. 8 of 1958.
,, ,, ,, 41 of 1959.
,, ,, ,, 3 of 1960.
Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
Amended by Guj. 15 of 1964.
,, ,, ,, 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”.
3[(2) Save as otherwise provided by Chapter XA, this Act extends to 4[Bombay
area of the State of Gujarat.]
5[ * * * * * ]
6[(4) Save as otherwise provided by Chapter XA, it also extends to the
Saurashtra area of the State of Bombay subject to the modifications specified in
Schedule J appended to this Act.]
7[(5) On and from the date of the coming into force of the Bombay Land
Revenue (Extension to Kutch Area and Amendment) Act, 1965, this Act shall also
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.
3. In this Act, unless there be something repugnant in the subject or context–
(1) “revenue officer” means every officer of any rank whatsoever appointed
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).
Short Title.
Local extent.
Gu j . 3 5 o f
1965.
Interpretation section.
“revenue officer.”
4 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
(2) “Survey officer” means an officer appointed under, or in the manner provided
by section 18 1 [* * * ];
2[(3) “Survey settlement” includes a settlement made under the provisions
of Chapter VIIIA];
(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;
(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;
(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[* * * * *];
(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
portion;]
7[(8) “chavdi” means in any village in which there is no chavdi, such place
as the Collector may direct shall be deemed to be the chavdi for the purposes of
this Act;]
(9) “building site” means a portion of land held for building purposes, whether
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;
(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;
9[(11) “to hold land” or to be a “landholder” or “holder” of land means to be
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).
“Survey Officer”
“Survey settlement”
“land”
“estate”
“survey number5”
“sub-division of a
survey number”
“chavdi”
“building site”
“boundary mark”
“to hold land”, “land
holder” or “holder”
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 5
1[(12) “holding” means a portion of land held by a holder];
2[(13) “superior holder” means a land holder entitled to receive rent or land
revenue from other landholders (hereinafter called “inferior holders”) whether he
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
the grantee shall, with reference to the grantor, be deemed to be the inferior holder
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
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];
6[(15) “landlord” means a lessor];
8[(16) “occupant” means a holder in actual possession of unalienated land, other
than a tenant:
Provided that where the holder in actual possession is tenant, the landlord
or superior landlord, as the case may be, shall be deemed to be the occupant];
9[(17) “occupy” means a portion of land held by an occupant;]
9[(18) “to occupancy land” means to possess or take possession of land];
9[(19) “occupation” means possession];
(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;
10[(21) “village” includes a town or city and all the land belonging to a 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).
“holding”
“superior holder”
“inferior holder”
“tenant”
“land lord”
“occupant”
“occupy”
“to occupancy land”
“occupation”
“alienated”
“village”
Bom. III of
1869.
6 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
(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.
1[(25) The term “joint holders”, or “joint occupants”, means holders or occu-
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;]
1[(26) “land records” means records maintained under the provisions of, or for
the purposes of, this Act;]
1[(27) “certified copy” or “certified extract” means a copy or extract, as the case
may be, certified in the manner prescribed by section 76 of the Indian Evidence
Act, 1872;]
2[(27A) In this Act, where there is any refernece to any other enactment of a
provision thereof, such enactment or provision shall not merely by reason of such
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,
the refernce to the enactment or provision as aforesaid shall include a reference
to such corresponding law.]
3[(28) “disignated officer” means any revenue officer appointed by the State
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.
4[4. (1) The chief controlling authority in all matters connected with the land
revenue shall vest in the State Goevernment.
(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.
“revenue year” “year”
“Jonit holders”
“Joint occupants”
“Land records”
“certified copy”
“certified extract”
I of 1872.
Chief controlling
authority in revenue
matters.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 7
7. Each division 1[* * * * *] shall be divided into such
2[* * *] districts with such limits as may from time to time be prescribed
by a duly published order of the 3[ 4[State] Government].
And each such district shall consists of such 2[* *] talukas, and each
taluka shall consist of such 2[* *] mahals and villages, as may from time
to time be prescribed in a duly published order of the 3[ 4[State] Government].
5[And each such mahal shall consist of such villages as may from time to
time be prescribed by a duly published order of the State Government.]
6[* * * * * * *]
7[7A. The State Government may from time to time by a duly published
order alter or add to the limits of any village or amalgamate two or more villages
or constitute a new village.]
8. The 3[ 4[State] Government] shall appoint in each district as officer who
shall be the Collector 8[* * * *] and who 9[* * * * * * *] may exercise,
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
other law for the time being inforce, and in all matters not specially provided for
by law shall act according to the instructions of 10[ the 4[State] Government].
11[8A. (1) The State Government may appoint in each district so many Additional
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
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.
(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.
Division to be divided
into districts.
A district to consist
of talukas comprising
such mahals and
villages as 4[State]
Government may
direct.
Power of State
Government to alter
limits of or to
amalgamate or
constitute villages.
Collector of the
district.
Additional Collectors.
8 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
9. The 1[ 2[State] Government] may appoint to each district so many Assistant
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.
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.
10. Subject to the general orders of 4[the 2[State] Government], a Collector may
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
may reserve the same to himself or assign them to any other Assistant or, Deputy
subordinate to him.
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
2[State] Government], assign such particular duties and powers as he may from
time to time see fit.
11. If the Collector is disabled from performing his duties or for any reason
vacates his office or leaves his district, or dies, his Assistant of highest rank present
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).
Assistant and Deputy
Collector.
to be sub-ordinate to
the Collector.
Their duties and
powers.
Collector of the
district in case of
temporary vacancy.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 9
12. The chief officer entrusted with the local revenue administration of a
taluka shall be called a Mamlatdar. He shall be appointed by the 1[ 2[State]
Government].
His duties and powers shall be such as may be expressly imposed or
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[* * * *]
5[A decision or order of a Mamlatdar in performance of the duties and exercise
of the powers, imposed or conferred upon him or delegated to him, under this
section, shall be subject to the provisions of Chapter XIII.]
6[12A. (1) The State Government may appoint so many 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
8[ 2[State] Government], may 9[appoint to a taluka one or more Mahalkaris]
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
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
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
taluka.
13[When a defined portion of a taluka is placed in charge of a Mahalkari, such
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).
The Mamlatdar; his
appointment.
His duties and powers.
Additional Mamlatdars.
The Mahalkari, his
duties and powers.
H-2052—2
10 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
14. It shall be competent to a Mamlatdar or Mahalkari subject to such general
orders as may from time to time be passed 1[* * *] by the Collector, to employ
any of his subordinates to perform any portion of his ministerial 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[* * * * * *]
15. If a Mamlatdar or Mahalkari is disabled from performing his duties
or for any reason vacates his office, or leaves his taluka or mahal, or dies,such
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.
3[16. 4[(1)] It shall be lawful for the State Government to appoint a village
accountant for a village or a group of villages. In villages where no hereditary
patel exists, it shall be lawful for the State Government to appoint a stipendiary
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
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.
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[ * * * * * * *]
17. Subject to the general orders of 6[the 7[State] Government] 8 [* *] the
Collector shall prescribe from time to time what registers, accounts, and
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).
Mamlatdar or
Mahalkari may
depute subordinates
to perform certain of
his duties.
Mamlatdar or
Mahalkari in case
of temporary vacancy.
Appointment of
village accountant
and stipendiary patel.
Village Accountant to
keep such records as
he may berequired to
keep by the collector
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 11
It shall also be the duty of the Village Accountant to prepare, whenever called
upon by the Patel of his village or by any superior Revenue or Police officer
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[* * *]
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
are vested with the congnisance of all matters connected with survey and
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
same person, being otherwise competent according to law, to any two or more
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
within certain local limits or otherwise as may seem expedient.
20. The appointment of all officers mentioned in sections 4 to 13 and 18 and 19
shall be duly notified.
Any officer appointed to act temporarily for any such officer shall exercise
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
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).
and to prepare public
writings.
Survey Officers.
their duties and
powers.
Combination of
offices.
Certain officers’
appointments to
be notified.
Acting appointments.
Seals.
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.
25. The Collector or the Superintendent of Survey or any other officer, deputed
by the Collector or Superintendent of Survey for this purpose shall in all cases
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.
If the officer or other person aforesaid shall not discharge the money, or deliver
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
civil jail till he discharges the sums or delivers up the papers or property demanded
from him :
Provided that no person shall be detained in confinement by virtue of any
such warrant for a longer period than one calendar month.
26. The Collector on his own motion, if the officer or other person is or was
serving in his department and district, and upon the application of the Superintendent
of Survey, if such officer or person is or was serving in the survey department in
his district, may also take proceedings to recover any public moneys due by him
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.
It shall be the duty of all persons in possession of such public moneys, papers
or other property 2[of the 3[Government]] to make over the same forthwith to the
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.
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.
Public moneys may
also be recovered as
arrears of revenue; and
search warrant may be
issued for recovery of
papers or property.
Persons in Possession
of public moneys, etc.,
bound to give them up.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 13
27. The surety or sureties of such officer or other person as is aforesaid,
1[* *] shall be liable to be proceeded against jointly and severally in the same
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
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
to imprisonment in default of producing public papers or property, if he or they
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
whom a demand is made, shall give sufficient security in the form of Schedule D,
the Collector shall casue such officer or surety if in custody to be liberated, and
countermand the sale of any property that may have been attached, and restore it
to the owner.
29. The liability of the surety or sureties shall not be affected by the death of
a principal or by his appointment to a situation different from that which he held
when the bond was executed, but shall continue so long as the principal occupies
any situation in which security is required 5[* ***] and until his bond is cancelled.
The heires of a deceased officer shall be liable by suit in the Civil Court for
any claims which the 2[Government] may have against the deceased, in the same
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
his suretyship at any time on his stating, in writing, to the officer to whom the
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.
Surety to be liable in
the same manner as
principal.
Extent of liability.
Sureties not liable
to imprisonment, if
penalty be paid.
An officer or surety in
jail may, by furnishing
certain security, obtain
his release.
Liability of surety not
affected by death of
principal or by his
taking a different
appointment.
Liability of heirs of
deceased officer.
How surety may
withdraw from
further liability.
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.
1[37. (1)] All public roads, lanes and paths, the bridges, ditches, dikes, and fences,
on or beside, the same, the bed of the sea and of harbours and creeks below
high water-mark, and of rivers, streams, nallas, lakes, and tanks, and all canals,
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
2[the 3[Government]], and it shall be lawful for the Collector subject to the orders
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
concerned], subject always to the rights of way, and all other rights of the public
or of individuals legally subsisting.
Explanation.- In this section “high-water-mark” means the highest point reached
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).
All public roads, etc.,
and all lands which
are not the property of
others, belong to the
3[Government.]
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,
lane or path which is the property of 5[the State Government] or part thereof, is not
required for the use of the public the 3[State] Government, may, by a notification
published in the 6[Official Gazette], make declaration to such effect stating in such
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
thereof, or having any other interest or right which is likely to be adversely affected
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
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
interest or right:
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
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.
Extinction of rights of
public and individuals
in or over any public
road, lane or path not
required for use of
public.
I of 1894.
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
modification made by the 1[State Government], be final ; and payments shall be
made by the Collector to such persons accordingly.
38. Subject to the general orders of 5[the 6[State Government], it shall be
lawful for survey officers whilst survey operations are proceeding under Chapter
VIII 7[ * * *] , and at any other for the 8[Collector] to set apart lands the
9[property of 10[the State Government]] and not in the lawful occupation of any
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.
Lands may be assigned
for special purposes,
and when assigned
shall not be otherwise
used without sanction
of the Collector.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 17
39. The right of grazing on free pasturage-lands shall extend only to the cattle
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.
2[39A. Any person who shall unauthorizedly remove from any land which
is set apart for a special purpose or from any land which is the property of
Government, any natural product shall be liable to the Government for the value
thereof, which shall be recoverable from him as an arrear of land revenue. The
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
has been completed before the passing of this Act, the right of 3[the 4[Government]]
to all trees in unalienated land, except trees reserved by 3[the 4[Government]] or
by any survey officer, whether by express order made at or about the time of such
settlement, or under any rule, or general order in force at the time of such settlement,
or by notification made and published at or at any time after, such settlement, shall
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
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
words to that effect.
In the case of villages or portions of villages of which the original survey settlement
shall be completed after the passing of this Act, the right of 3[the 4[Government]] to
all trees in unalienated land shall be deemed to be conceded to the occupant of such
land except in so far as any such rights may be reserved by 3[the 4[Government]],or
by any survey officer on behalf of 3[the 4[Government]], either expressly at or about
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
the completion of the survey settlement of the village or portion of a village in
which such land is situate the said permission shall be deemed, to include the
concession of the right of 3[the 4[Government]] to all trees growing on that land
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.
Regulation of use of
pasturage.
Recovering value
of natural products
unauthorizedly
removed from
certain lands.
Concess ion o f
4[Government] rights
to trees in case of
settlements completed
before the passing of
this Act.
Concess ion o f
4[Government] rights
to trees in case of
settlements completed
after the passing of
this Act.
Concession of
4[Government] rights
to tress in case of
land taken up after
completion of
settlement.
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.]
41. The right to all trees specially reserved under the provision of the last
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.
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
vests in 7[the 8[Government]]]. But in the event of such trees dying or being blown
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,
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.
9[ * * * * * ]
43. Any person who shall unauthorizedly fell and appropriate any tree or any
portion thereof or remove 10[from his holdings] any other natural product 10[whether
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).
Trees and forests
vesting in the
2[Government].
Roadside tress.
Recovery of value
of trees, etc.
unauthorizedly
appropriated.
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
have been reserved under section 40 subject to certain privileges of the villagers or of
certain classes or persons to cut fire-wood or timber for domestic or 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
wherever situate, is liable to the payment of land revenue to 1[the 2[Government]]
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 :
6[Provided that a small holder shall not be liable to pay land revenue in respect
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
direct the levy of revenue on all lands under whatever title they may be held whenever
and so long as the exigencies of the State may render such levy necessary.
7[(2) As soon as may be after the coming into force of the Bombay
Land Revenue and the Gujarat Panchayats and Education Cess (Amendment)
Act, 1972, every Mamlatdar shall, in respect of each of the villages in his
taluka, prepare and thereafter keep and maintain, in the prescribed manner
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).
Regulation of supply
of fire - wood and
timber for domestic or
other purposes.
All land libale to
pay revenue unless
specially exempted.
And special exemption
may in case of
necessity be over
rulled for a time.
Guj. 25 of
1972.
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
defined in the Gujarat Agricultural Lands Ceiling Act, 1960 as in force on the
1st August 1972 and who earns his livelihood principally by agriculture or by
agricultural labour.]
46. All alluvial lands, newly-formed islands, or abandoned river-bed which
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.
47. Every holder of land paying revenue in respect thereof shall be entitled,
subject to such rules as may be from time to time made in this behalf by the
1[2[State] Government], to a decrease of assessment if any portion thereof not
being less than half an acre in extent, 3*** is lost by diluvion.
4[ * * * * * *]
5[48. 6[(1) The land revenue leviable on any land under the provisions of
this Act shall be assessed, or shall be deemed to have been assessed, as the case
may be, with reference to the use of the land—
(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).
Guj. XXVI of
1961.
Liability of alluvial
lands to land revenue.
Assessment of land
revenue in cases of
diluvion.
Manner of assess-
ment and alteration of
assessment. Prohibi-
tion of use of land for
certain purposes.
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.
4[(2A) Where any land assessed for any purpose is used for a bonafide
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
who uses or attempts to use the same for any such prohibited purpose.]
49. When it has been customary to levy any special or extra cess, fine, or tax,
however designated, from any holder of land, which, though nominally, wholly or
partially exempt from the payment of land revenue, has by the exaction of such
cess, fine or tax been indirectly taxed to the State,
or when any land ordinarily, or under certain cirumstances, wholly or partially
exempt from assessment, is subject occasionally, or under particular circumstances,
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
holder shall be made leviable from the superior holder, it shall be lawful for such
superior holder to recover from such inferior holder the amount of the commuted
assessment fixed in lieu of such cess, fine or tax.
51. When it has been customary to levy a larger revenue under the name
“veta” or any other designation, upon any portion of land than such portion would
ordinarily be liable to in consideration of other land being held with it which is
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.
Commuted
assessment of land
indirectly taxed to
the State.
And of land liable to
occasional assessment.
Surperior holder may
recover commuted
assessment from
inferior holder.
Excess of assessment
may be laid on land
inadequately assessed
held with it.
22 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
1[52.* 2[(1) On all lands which are not wholly exempt from the payment
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 :
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 :
8[Provided further that where any land which was wholly or partially exempt
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.]
10[(2) After the expiry of the period for which the assessment of any land
is fixed under sub-section (1), the Collector may from time to time, revise the
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
ninety-nine years as the 11[State] Government may, by general or special order,
specify :]
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
to Kutch Area and Amendment) Act, 1965 may be taken into account.]
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.
Assessment by whom
to be fixed.
9[ * *]
Guj . 35 o f
1965.
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
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
number, to the land revenue, shall be made with the person who, under section
136, is primarily responsible to 3[the 2[State] Government] for the same.
4[* * * * * * ]
55. The 1[2[State] Government] may authorise the Collector or the officer in
charge of a survey or such other officer as 5[it] deems fit to fix such rates as
5[it] may from time to time deem fit to sanction, for the use, by landholders and
other persons, of water, the right to which vests in 6[the 7[Government]], 8[and in
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
from time to time determine, and shall be recoverable as land revenue.
56. Arrears of land revenue due on account of land by any landholder
shall be a paramount charge on the holding and every part thereof, failure
in payment of which shall make the occupancy or alienated holding togther
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.
Register of alienated
lands.
Settlement of
assessment to be
made with the holder
directly from 2[State]
Government.
Rates for the use of
water.
Bom. VII of
1879.
Land revenue to be a
paramount charge on
the land.
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].
57. It shall be lawful for the Collector in the event of the forfeiture of a holding
through any default in payment or other failure occasioning such forfeiture under
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.
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.
(2) Every superior holder of an alienated village or of an alienated share of
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
by him, give] to such inferior holder a written receipt for the same.
(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
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.]
59. Any person convicted of a breach of the provisions of the last preceding
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.
Forfeited holdings
may be taken
possession of and
otherwise disposed.
Receipts.
Penalty for failure to
grant receipts.
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
alienated must, previously to entering upon occupation obtain the permission in
writing of the Mamlatdar or Mahalkari.
61. 2[Any person who shall unauthorizedly enter upon occupation of any
land set apart for any special purpose, or any unoccupied land which has not
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
similar land 4[used for] the same purpose; and shall also be liable, at the discretion of
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
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]
any non-agricultural purpose.
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).
Written permission
of Mamlatdar or
Mahalkari required
previous to taking up
unoccupied land.
Penalties for
unauthorized
occupation of land.
H-2052—4
26 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
1[62. It shall be lawful for the Collector subject to such rules as may from
time to time be made by the 2[3[State] Government] in this behalf, to require the
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.]
1[63. When it appears to the Collector that any alluvial land, which vests
under any law for the time being in force in 5[the State Government], may with
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.
6[The price of the land so offered shall be such as may be determined by the
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
3, if the bank or shore has been mortgaged with possession, the mortgagor shall
be deemed to be the occupant thereof.]
64. When alluvial land forms on any bank or shore, the occupant, if any, of
such bank or shore shall be entitled to the temporary use 7[**] thereof unless or
until the area of the same exceeds 8[one] acre 9[* * *] . When the area of the
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[ * * * * * * ]
65. 11[(1)] Any occupant, of land 12[assessed or held for the purpose of agriculture]
is entitled by himself, his servants, tenants, agents, or other legal representatives,
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
exceed three times the annual assessment there of”, by Guj. 20 of 2011, s. 3.
7. The words “and occupation” were repealed by Bom. 4 of 1913, s. 23.
8. This word was substituted for the words “half an”, ibid.
9. The words “and also exceeds one-tenth of the area of his holding” were repealed, ibid.
10. The second paragraph was repealed, ibid.
11. Section 65 was renumbered as sub-section (1) of that section by Guj. 16 of 1989, s. 2.
12. These words were substituted for the words “appropriated for the purposes of agriculture”
by Bom. 4 of 1913, s. 24 (a).
13. These words were substituted for the words “occupation for the purposes aforesaid”, ibid.
Unoccupied land may
be granted on
conditions.
Grant of alluvial land
vesting in the
4[Government].
Temporary right to
alluvial lands of small
extent.
Uses to which
occupant of land for
purposes of agriculture
may put his land.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 27
But, if any occupant 2[wishes to use his holding or any part thereof for any
other purpose 3[ or for other different purposes] the Collector’s permission shall
in the first place be applied for by the 4[* *] occupant.
5[The Collector, on receipt of such application,
(a) shall send to the applicant a written acknowledgement of its receipt, and
(b) may, after due inquiry, either grant or refuse the permission applied for:
Provided that, where the Collector fails to inform the applicant of his decision
on the application within a period of three months, the permission applied for shall
be deemed to have been granted; such period shall, if the Collector sends a written
acknowledgement within seven days from the date of receipt of the application,
be reckoned from the date of the acknowledgment, but in any other case it shall
be reckoned from the date of receipt of the application.]
Unless the Collector shall in particular instances otherwise direct, no such
application shall be recognized except it be made by the 4[* *] occupant.
6[* * * * * *]
7[(2) Notwithstanding anything contained in sub-section (1) but subject to any
terms and conditions laid down by the State Government in this behalf, where an
occupant has his holding in an area comprising a gram and such area is not within
an urban agglomeration or within a radius of five kilometres from the limits of a
municipal borough or notified area or industrial estate and such occupant wishes
to use his holding or a part thereof only for a residential purpose, it shall not be
necessary for him to obtain permission of the Collector under sub-section (1).
Explanation.—For the purposes of this section—
(i) “gram” means a gram within the meaning of the Gujarat Panchayats Act,
1961;
(ii) “industrial estate” means an industrial estate within the meaning of the
Gujarat Industrial Development Act, 1962;
(iii) “municipal borough” or “notified area” means respectively, a municipal
borough or a notified area within the meaning of the Gujarat Municipalities Act,
1963;
(iv) “urban agglomeration” means an urban agglomeration within the meaning
of the Urban Land (Ceiling and Regulation) Act, 1976.]
1. In the marginal note, these words were added by Guj. 3 of 2016, s. 3 (ii).
2. These words were substituted for the words “wishes to appropriate his holding or any part
thereof to any other purpose” by Bom. 4 of 1913, s. 24(a).
3. These words were inserted by Guj. 3 of 2016, s. 3 (i).
4. The word “registered” was repealed by Bom. 4 of 1913, s. 24(b).
5. This paragraph was substituted for the original paragraph by serial No. 4, Pt. II of Sch. II
of the Bombay Repealing and Amending Act, 1910 (Bom. I of 1910).
6. This paragraph and the marginal note thereto were omitted by the President’s Act No. 26
of 1976, s.3.
7. Sub-section (2) was inserted by Guj. 16 of 1989, s.2.
Procedure if occupant
wishes to apply his
land to any other
purpose1[or for
different non-agri-
cultural purposes].
Guj. VI of 1962.
Guj. XXIII of 1962.
Guj. 34 of 1964.
83 of 1976.
28 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
2[65A. Where the occupant of any land assessed or held for any
non-agricultural purpose wishes to use such land or part thereof for any other
non-agricultural purpose 3[or for other different non-agricultural purposes], the
Collector’s permission shall in the first place be applied for by him and the provisions
of section 65 shall, so far as may be, apply to such application.
Explanation:—In this section, and in section 67A “non-agricultural purpose”
means any of the purposes specified in clauses (b) to (e) of sub-section (1) of
section 48.]
4[65B. (1) Notwithstanding anything contained in section 65 or 65A, where—
(a) any land used or held for the purpose of agriculture or, as the case may
be, for any non-agricultural purpose not being an industrial purpose is,—
(i) designated for the use of industrial purpose in the draft or final
development plan or draft or final town planning scheme under the Gujarat
Town Planning and Urban Development Act, 1976; or
(ii) situated in the area where no plan or scheme referred to in sub-clause
(i) is in force and is designated by the State Government, by notification in
the Official Gazette, for the use of such industrial purpose as may be specified
therein, having regard to such factors as may be prescribed by rules made
under this Act in this behalf :
Provided that nothing in this sub-clause shall render invalid the use of
land for a bonafide industrial purpose in pursuance of the provisions of
the Bombay Land Revenue (Gujarat Amendment) (Second) Ordinance, 1996
during the period when the said Ordinance was in force notwithstanding that
the said land is not designated for such use under this Act, and
(b) the occupant of such land wishes to use such land or part thereof—
(I) for a bonafide industrial purpose other than the purpose of manufacture
or storage of any chemical or petrochemical,
it shall be lawful for him to use such land for such bonafide industrial purpose
without the permission of the Collector subject to the fulfilment of the following
conditions, namely :—
(a) the occupant has a clear title to such land,
(b) such land or part thereof,—
(i) is not shown as reserved for a public purpose in draft or final
development plan or draft or final town planning scheme under the Gujarat
Town Planning and Urban development Act, 1976.
(ii) is not notified for acquisition under the Land Acquisition Act,
1894 or any other law for the time being in force,
(iii) does not fall within the alignment of any road plan prepared by
the State Government or the command area of any irrigation project,
(iv) is not situated within thirty metres from the boundary of any
land held for the purpose of railway by the Central Government or the
Indian Railway Company Ltd., or
(v) is not situated within fifteen metres of the high voltage transmission
line;
1. In the marginal note, these words were added by Guj. 3 of 2016, s. 4 (ii).
2. Section 65A was inserted by the President’s Act No. 26 of 1976, s.4.
3. These words were inserted by Guj. 3 of 2016, s. 4 (i)
4. Section 65B was inserted by Guj. 6 of 1997, s.3.
Procedure if occupant
wishes to apply his
land from one non-
agricultural purpose
to another non-
agricultural purpose
1[or for other different
non-agricultural
purposes]
Use of certain lands
for bonafide
industrial Purpose.
President’s Act
No. 27 of 1976.
Guj. Ord. 20
of 1996.
P r e s i d e n t ’s
Act No. 27 of
1976.
I of 1894.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 29
(vi) is not situated within five kilometres of the periphery of the
area within the jurisdiction of any Area Development Authority or Urban
Development Authority constituted under the Gujarat Town Planning and
Urban Development Act, 1976.
Provided that nothing in this item shall render invalid the use of
land for a bonafide industrial purpose in pursuance of the provisions of
the Bombay Land Revenue (Gujarat Amendment) (Second) Ordinance,
1996 when the said Ordinance was in force notwithstanding that the said
land falls within five kilometres of the periphery of the area within the
jurisdiction of any Area Development Authority or Urban Development
Authority :
1[Provided further that the 2[Collector may exempt] the use of land for
such bonafide industrial purpose from the fulfilment of the condition mentioned
at item (vi) above by an occupant or class of occupants as it may deem fit.]
(II) for the purpose of manufacture or storage of any chemical or
petrochemical, it shall be lawful for him to use such land for such bonafide
industrial purpose without the permission of the Collector subject to the ful-
filment of the following conditions, in addition to the conditions mentioned
in sub-clause (I), namely :—
such land or part thereof is not situated within two kilometres from the bound-
ary of—
(i) an ancient monument declared as ‘protected monument’ under sub-
section (1) of section 3 of the Ancient Monuments Preservation Act, 1904;
(ii) an ancient and historical monument declared as ‘protected
monument’ under sub-section (3) of section 4 of the Gujarat Ancient
Monuments and Archaeological Sites and Remains Act, 1965;
(iii) a forest land or waste land declared as ‘reserved forest land’ under
section 3 of the Indian Forest Act, 1927;
(iv) a forest land or waste land known as ‘protected forest’ under section
29 of the Indian Forest Act, 1927;
(v) an area declared as ‘sanctuary’ under sub-section (1) of section 18
of the Wild Life (Protection) Act, 1972 or
(vi) an area declared as ‘national park’ under section 35 of the Wild Life
(Protection) Act, 1972.
(2)(a) The occupant shall comply with the provisions of any law for the
time being in force or any order or direction of the Central Government or
State Government or any, Corporation owned or controlled by such Government,
Government Company, local authority in relation to use of land for a bonafide
industrial purpose under sub-section (1) before the land is put to use for such
purpose.
(b) Where an occupant commences the use of the land for a bonafide
industrial purpose under sub-section (1), he shall within thirty days from the date
of commencement of the use of land for a bonafide industrial purpose, send a
notice of the date of commencement of such use, alongwith other particulars in
such form as may be prescribed by rules made under this Act, to the Collector
and endorse a copy thereof to the Mamlatdar.
(3) Where, on the receipt of such notice alongwith other particulars sent by
the occupant under clause (b) of sub-section (2), the Collector, after making such
inquiry as he deems fit—
(a) is satisfied that the occupant of such land has validly commenced the use
of the land for a bonafide industrial purpose under sub-section (1), he shall issue
a certificate to that effect to the occupant in such form and with in such period
as may be prescribed by rules made under this Act.
1. This Proviso was added by Guj. 19 of 2008, s. 2.
2. These wrods were substituted the words “State Government may exempt” by notification
in the official Gazette” by Guj. 3 of 2016, s. 5.
P r e s i d e n t ’s
Act No. 27 of
1976.
Guj. Ord. 20 of
1996.
7 of 1904.
Guj. 25 of
1965.
XVI of 1927.
XVI of 1927.
53 of 1972.
53 of 1972.
30 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
(b) is not so satisfied, he shall, after giving the occupant an opportunity of
being heard, refuse to issue such certificate :
Provided that no such certificate shall be issued under clasue (a) unless the
conversion tax leviable under section 67A is paid.
(4) (a) Where the occupant fails to send the notice and other particulars
under clause (b) of sub-section (2) within the period specified therein, he shall
be liable to pay, in addition to the non-agricultural assessment leviable under this
Act, such fine not exceeding ten thousand rupees as the Collector may, subject to
rules made under this Act, direct.
(b) (i) Where the occupant commences the use of such land for industrial
purpose despite the non-fulfilment of any of the conditions specified in sub-section
(1), or
(ii) where certificate is refused to the occupant under clause (b) of sub-section
(3), he shall be liable, in addition to the payment of non-agricultural assessment
leviable under this Act, to restore such land to its original use within such period
as the Collector may specify in a notice served on such occupant in this behalf.
(c) Where such occupant does not restore the land to its original use within
the period specified by the Collector in the notice served under clause (b),—
(i) he shall be liable to pay such fine not exceeding five thousand rupees
and in addition, such daily fine not exceeding one hundred rupees per hectare or
part thereof of land not so restored for each day during which such land is not
restored to its original use, after the expiry of the period specified in such notice
as the Collector may, subject to rules made under this Act, direct, and
(ii) the Collector shall take such steps as he thinks fit to get such land restored
to its original use and collect the cost incurred in this behalf from such occupant
as an arrear of land revenue.
(5) (a) The occupant shall commence industrial activity on such land within
three years from the date of the notice sent by him to the Collector under clause
(b) of sub-section (2) and commence production of goods or providing of services
on such land within five years from such date:
Provided that the period of three years or, as the case may be, five years may,
on an application made by the occupant in that behalf, be extended from time to
time by the Collector in such circumstances as may be prescribed by rules made
under this Act.
(b) Where the occupant fails to commence industrial activity or production
of goods or providing of services within the period specified in clause (a) or the
period extended under the proviso to clause (a), he shall be liable to pay, in
addition to non-agricultural assessment leviable under section 48, non-agricultural
assessment at the rate of five rupees per square metre of the land with effect from
the date of expriy of the period of three years or five years or, as the case may be,
the period extended under the proviso to clause (a) till he commences industrial
activity or, as the case may be, commences production of goods or providing of
services.
Explanation I.— For the purposes of this section, section 48 and section 67A,
the expression “bonafide industrial prupose” means an activity of manufacture,
preservation or processing of goods, (other than the hazardous and toxic chemicals
specified in Part II of the Schedule I to the Manufacture, Storages and Import of
Hazardous Chemicals Rules, 1989 made under the Environment (Protection) Act,
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 31
1986 and for the time being in force) or any handicraft, or industrial business or
enterprise, carried on by any person and includes construction of industrial buildings
used for the manufacturing process or purpose, or power projects or port projects
and ancillary industrial usage like research and development, godown, canteen,
office building of the industry concerned, or providing housing accommodation
to the workers of the industry concerned, or establishment of industrial estate
including a co-operative estate or service industry or tourism or cottage industry.
Explanation II.— For the purposes of this section, an occupant shall be deemed
to have commenced the use of land for a bonfide industrial purpose from the date
on which he ceases to use the land for agricultural or non-agricultural purpose
existing immediately before the date of such cesser.]
1[66. 2[If any land referred to in section 65 or section 65A be used for any
purpose other than the purpose for which such land is assessed or held without the
permission of the Collector being first obtained, or before the expiry of three months
referred to in section 65 or despite refusal of permission during the said period of three
months, then, without prejudice to the occupant’s liability to pay the new assessment
leviable under section 48 or the conversion tax leviable under section 67A,–
(a) the occupant and any tenant or other person holding under or through
him shall be liable to be summarily evicted by the Collector from the land so used
and from the entrie survey number or sub-division of the survey number of which it
may form a part; and
(b) the occupant shall also be liable to pay for the period during which the
said land has been so used, such fine as the Collector may, subject to the general orders
of the State Government, direct.]
Any tenant of any occupant or any other person holding under or through an
occupant, who shall without the occupant’s consent use any such land for any such
purpose, and thereby render the said occupant liable to the penalty aforesaid, shall be
responsible to the said occupant in damages.]
67. Nothing 3[in sections 65, 65A and 66] shall prevent the granting of the
permission aforesaid 4[* * *] on such terms 5[or conditions] as may be 6[prescribed
by the Collector, subject to any rules made in this behalf by the 7[8[State]
Government]].
9[67A. (1) Where any land assessed or held for the purpose of agriculture
and situated in an area specified in column (2) of the Table below (hereafter in
this section referred to as the specified area)—
(a) is permitted, or deemed to have been permitted, under section 65, to be
used for any other purpose 10[or for other different purposes]; or
1. Section 66 was substituted by the President’s Act No. 26 of 1976, s. 5.
2. This paragraph was substituted by Guj. 3 of 1980, s. 2.
3. These words, figures and letter were substituted for the words “in the last two preceding
sections’’ by the President’s Act No. 26 of 1976, s. 6.
4. The words “ in special cases ’’ were repealed by Bom. 4 of 1913, s. 26.
5. These words were inserted by Bom. 6 of 1901, s. 8(1).
6. These words were substituted for the words “ agreed on between Government and the
registered occupant ’’ by Bom. 4 of 1913, s. 26.
7. The words “ Provincial Government ’’ were substituted for the words “ Governor in Council
’’ by the Adaptation of Indian Laws Order in Council.
8. The word “ State ’’ was substituted for the word “ Provincial ’’ by the Adaptation of Laws
Order, 1950.
9. Section 67A was inserted by the President’s Act No. 26 of 1976, s. 7.
10. These words were inserted by Guj. 3 of 2016, s. 6(1) (i).
29 of 1986.
Penalty for using land
without permission.
Permission may be
granted on terms.
Payment of conversion
tax by occupant for
change of use of land
in certain areas.
32 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
(b) is used for any other purpose 1[or for other different purposes] without
the permission of the Collector being first obtained or before the expirty of the
period prescribed 2[in that section, or]
3[(c) is used for a bonafide industrial purpose under section 65B,]
the occupant of such land shall be liable to pay to the State Government, a tax
at the rate specified in the corresponding entry 3[in column (3) or (4)], as the
case may be, of the said Table from the date on which such permission is, or is
deemed to have been granted, or from the date on which the land is put to such
use, whichever is earlier.
(2) Where any land assessed or held for any non-agricultural purpose 4[or
other different non-agricultaral purposes] (hereafter in this section referred to as
the existing non-agricultural purpose 4[or other different non-agricultural purposes])
and situated in a specified area—
(a) is permitted or is deemed to have been permitted, under section 65A, to
be used for any other non-agriculture purpose; or
(b) is used for any other non-agricultural purpose without the permission of
the Collector being first obtained or before the expiry of three months from the
date of application for such permission, the occupant of such land shall be liable
to pay to the State Government, a tax at such rate as is equivalent to the difference
between the rate of tax applicable to the other non-agricultural purpose specified
in the corresponding entry 5[in column (3) or (4) or (5)], as the case may be,
of the Table below and the rate of tax applicable to the existing non-agricultural
purpose specified in the said columns.
6[(2A) Where any land assessed or held for any non-agricultural purpose 7[or
other different non-agricultural purposes] not being an industrial purpose (here-
inafter referred to as “ the existing non-agricultural purpose 7[or other different
non-agricultural purposes]”) and situated in a specified area is used for a bonafide
industrial purpose under section 65B, the occupant of such land shall be liable to
pay to the State Government a tax at such rate as is equivalent to the difference
between the rate of tax applicable to the industrial purpose specified in the corre-
sponding entry in 8[column (4)] of the Table below and the rate of tax applicable
to the existing non-agricultural purpose specified in [column(3) or (5) of the Table
below:]]
Provided that no tax shall be payable 10[under this sub-section or under sub-
section (2A)] if the rate of tax applicable to the other non-agricltural purpose is
lower than the rate applicable to the existing non-agricultural purpose.
(3) The tax payable under this section shall be known as conversion tax and
shall be payable by the occupant to such authority, in such manner and at such
time as may be prescribed by rules made under section 214.
1. These words were inserted by Guj. 3 of 2016, S. 6 (1) (ii).
2. These words were substituted for the words “ in that section ’’ by Guj. 6 of 1997, s. 4 (1) (a).
3. Clause (c) was added, ibid., s. 4 (1) (b).
4. These words were inserted by Guj. 3 of 2016, S. 6 (2) (i).
5. These words weres substituted for the words, brackets and figures “in column (3) or (4)”
ibid., S. 6 (2) (ii).
6. Sub-section (2A) was inserted by Guj. 6 of 1997, s. 4 (3).
7. These words were inserted by Guj. 3 of 2016, s. 6 (3) (i).
8. These words, brackets and figure were substituted for the word, bracket and figure “Column
(6)” by Guj. 14 of 2003, s.2 (2) (i).
9. These words were substituted by Guj. 3 of 2016, s. 3 (ii).
10. These words, brackets, figures and letter were substituted for the words “ under this sub-
section ’’ by Guj. 6 of 1997, s. 4 (2).
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 33
1[T A B L E
Sr.
No.
Area in which land is
situated
Rate of conversion tax per square meter of land
when land is
to be used for
temporary
non-agricultural
purpose or
for residential
purpose or
for charitable
purpose.
when land is
to be used
for industrial
purpose or
for any other
purpose.
when land is to
be used for other
different non-
agricultural
purpose.
1 2 3 4 5
1. Villages, Municipal
boroughs, notified areas
and cities having
population not exceeding
one lakh as per the last
census.
` 2.00 ` 6.00 ` 8.00
2. Municipal boroughs,
notified areas and cities
with a population
exceeding one lakh as
per the last census.
` 10.00 ` 30.00 ` 40.00
2[Explanation.— In the above Table, “municipal borough” or “notified area” means
respectively a mucipal borough or a notified area within the meaning of the Gujarat
Municipalities Act, 1963]
1. This Table was substituted by Guj. 3 of 2016, s. 6 (4).
2. This Explanation was substituted by Guj. 14 of 2003, s. 2 (3).
Guj . 34 of
1964.
H-2052—5
34 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
68. An occupant is entitled to the use and occupation of his land for the
period, if any, to which his 1[tenure] is limited, or if the period is unlimited, or
a survey settlement has been extended to the land in perpetuity conditionally on
the payment of the amounts due on account of the land revenue for the same,
according to the provisions of this Act, or of any rules made under this Act, or
of any other law for the time being in force, and on the fulfilment of any other
terms 2[or conditions] lawfully annexed to his 1[tenure]:
3[Provided that nothing in this or any other section shall make it, or shall
be deemed ever to have made it, unlawful for the Collector at any time to grant
permission to any person to occupy any unalienated unoccupied land, for such
period and on such conditions as he may, subject to 4[rules made by the 5[6[State]
Government] in this behalf], prescribed, and in any such case the occupancy shall,
whether a survey settlement has been extended to the land or not, be held only
for the period and subject to the conditions so prescribed].
69. The right of 7[the 8[Government] to mines and mineral products in all
9[* * *] land is and is hereby declared to be expressly reserved :
10[ * * * * * *]
11[69A. (1) Notwithstanding anything contained in any custom, usage, grant,
sanad or order or agreement or any law for the time being in force, or in any
judgement, decree or order of a court or of other authority, with effect on and from
the 1st May, 1960 all mines whether being worked or not and minerals whether
discovered or not and all quarries which are situate within the limits of any land,
granted or recognised under any contract, grant or law for the time being in force
or decree of a court, shall vest in and with all rights over the same or appurtenant
there to be the property of the State Government, and the State Government shall,
subject to the provisions of the Mines and Minerals (Regulation and Development)
Act, 1957 have all powers necessary for the proper enjoyment and disposal of
such rights.
(2) The rights of the Government to mines and mineral products in land
reserved under section 69 or the rights of the Government to mines, minerals and
quarries vested under sub-section (1) includes the right of access to land for the
purpose of prospecting and working mines and the right to occupy such other lands
as may be necessary for purposes of erection of offices, workmen’s dwellings and
machinery, the stacking of minerals and deposit of refuse, the construction of roads,
railways, or tram-lines and any other purposes which the State Government may
declare to be subsidiary to prospecting and working mines.
1. This word was substituted for the words “occupancy’’ by Bom. 4 of 1913 s.
27.
2. These words were inserted by Bom. 6 of 1901, s. 8 (1).
3. This proviso was added, ibid., s. 8 (2).
4. These words were substituted for the words “ the orders of Government ’’ by Bom. 4 of
1913, s. 27.
5. The words “ Provincial Government ’’ were substituted for the words “ Governor in Council
’’ by the Adaptation of Indian Laws Order in Council.
6. The words “ State ’’ was substituted for the word “ Provincial ’’ by the Adaptation of Laws
Order, 1950.
7. The words “ the Crown ’’ were substituted for the word “ Government ’’ by the Adapta-
tion of Indian Laws Order in Council.
8. The word “ Government ’’ was substituted for the word “ Crown ’’ by the Adaptation of
Laws Order, 1950.
9. The word “ unalinated ’’ was delated by Guj. 8 of 1982, s. 2(1)(a).
10. The proviso shall be and shall be deemed always to have been delated with effect from 1st
May, 1960, ibid, s. 2 (1) (b).
11. Section 69A shall be and shall be deemed always to have been inserted with effect from
1st May, 1960, ibid., s. 2 (3).
Occupant’s rights are
conditional.
Proviso.
Reservation of right of
the 8[(Government]
to mines and mineral
products.
Vesting of rights to
Mines and Mineral
Products in the State
Government.
L X V I I o f
1957.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 35
(3) If the State Government assigns to any person, its rights over any mines,
minerals, quarries or mineral products and if for the proper enjoyment of such right,
it is necessary that all or any of the powers specified in sub-sections (1) and (2)
be exercised, the Collector may, by an order in writing subject to such conditions
and reservations as he may specify, delegate such powers to the person to whom
the right is assigned.
(4) Any occupant, whose rights to mines, minerals or quarries in any land,
existing immediately before the 1st May, 1960 have vested in the State Government
on that date under sub-section (1), shall be entitled to compensation of an amount
equivalent to the average of the net annual income received by the occupant in
respect of the mines and mineral products during the three years immediately
preceding the date of vesting.
(5) (a) Any occupant entitled to compensation under sub-section (4) may
apply to the Collector for such compensation in the form prescribed in this behalf
by the State Government.
(b) Such application shall be made within twelve months from the date of the
commencement of the Bombay Land Revenue Code and Land Tenure Abolition
Laws (Gujarat Amendment) Ordinance, 1981 or such further period as may be
prescribed by the State Government.
(c) The Collector, shall, after making such inquiry (including giving the appli-
cant an opportunity of being heard ) as he thinks necessary, determine the amount
of compensation and 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 in this behalf.
(d) The decision of the Collector determining the amount of compensation
shall, subject to decision in an appeal to the Gujarat Revenue Tribunal be final,
and payment shall be made by the Collector accordingly.
(6) The amount of compensation payable under this section shall be paid in
cash with interest at the rate of 4 1/2 per cent. for the period commencing on and
from the date of commencement of the Bombay Land Revenue Code and Land
Tenure Abolition Laws (Gujarat Amendment) Ordinance, 1981 and ending on the
date of payment].
70. 1[* * * *] In any case where 2[an occupancy] is not transferable without
the previous sanction of the Collector, and such sanction has not been granted to
3[a transfer] which has been made or 4[ordered by Civil Court] or on which the
Court’s decree or order is founded.
(a) such occupancy 5 [* *] shall not be liable to the process of any court, and
such transfer shall be null and void, and
1. These words were repealed by Bom. 4 of 1913, s. 28(a).
2. These words were substituted for the words “ the occupancy or interest of the occupant in
the land’’, ibid., s. 28 (b).
3. These words were substituted for the words “the transfer ’’ , ibid.
4. These words were substituted for the words “ ordered by the Court ’’, ibid.
5. The words “ or interest ’’ were repealed, ibid., s. 28 (c).
Guj. Ord. 9 of
1981.
I of 1894.
Guj. Ord. 9 of
1981.
Occupancy when not
liable to process of
Civil Court; the Court
to give effect to
Collector’s certificate.
36 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
(b) the court, on receipt of a certificate under the hand and seal of the
Collector, to the effect that any such occupancy 1[ * *] is not transferable
without his previous sanction and that such sanction has not been granted, shall
remove any attachment or other process placed or on set aside any sale of, or
affecting, such occupancy. 2[* * *]
71. [ Name of heir to be registered when registered occupant dies.] Repealed
by Bom. IV of 1913, s. 29.
72. If an occupant who is either a Hindu, a Mahomedan, or a Buddhist dies
intestate and without known heirs, the Collector shall dispose of his occupancy by
sale, subject to the provisions of this Act, or of any other law at the time in force for
the sale of forfeited occupancies in realization of the land revenue, and the law at the
time in force concerning property left by Hindus, Mahomedans or Buddhists, dying
intestate and without known heirs shall not be deemed to apply to the said occupancy
but only to the proceeds of such sale after deducting all arrears of land revenue due
by the deceased to 4[the 4[Government] and all expenses of the said sale.
5[73. 6[An occupancy] shall, subject to the provisions contained in section 56, and
to any conditions law fully annexed to the 7[tenure], and save as otherwise prescribed
by law, be deemed an heritable and transferable property].
8[73A. (1) Notwithstanding anything in the foregoing section, in any tract or
village to which 9[the 10[State] Government] may, by notification published before
the introduction therein of an original survey settlement under section 103, declare
the provisions of this section applicable, 11[occupancies] shall not after the date of
such notification be transferable without the previous sanction of the Collector.
(2) 9[The 10[State] Government] may, by notifications in the 12[Official
Gazette], from time to time exempt any part of such tract or village or any person or
class of persons from the operation of this section.]
1. The words “or interest” were repealed by Bom. 4 of 1913, s. 28(c).
2. The words “or interest in the land” were repealed, ibid.
3. These words were substituted for the word “Government” by the Adaptation of Indian Laws
Order in Council.
4. This word was or substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
5. Section 73 was substituted by Bom. 6 of 1901, s. 10.
6. These words were substituted for the word “the right of occupancy” by Bom. 4 of 1913,
s. 30.
7. This word was substituted for the word “occupancy”, ibid.
8. Section 73A was inserted by Bom. 6 of 1901, s. 11.
9. The words “the Provincial Government” were substituted for the word “Government” by
the Adaptation of Indian Laws Order in Council.
10. This word was substituted for the word “Provincial” by the Adaptation of laws Order, 1950.
11. This word was substituted for the word “the occupancy for interest of the occupant in the
land” by Bom. 4 of 1913, s. 31.
12. The words “Official Gazette” were substituted for the words “Bombay Government Gazette”
by the Adaptation of Indian Laws Order in Council.
Intestate occupancy
or holding to be sold.
Occupancy to be
transferable and
heritable.
Power to restrict right
of transfer.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 37
1*[73AA. (1) Notwithstanding anything contained in section 73, an occupancy of
a person belonging to any of the Schedule Tribes (hereafter in this section and in
section 73AB referred to as “(the tribal)” shall not be transferred to any person without
the previous sanction of the Collector.
(2) The previous sanction of the Collector under sub-section (1) may be given
in such circumstances and subject to such conditions as may be prescribed.
(3) (a) Where tribal transfers the possession of his occupancy to another tribal in
contravention of sub-section (1), the tribal transferor or his successor in interest may,
within two years of such transfer, apply to the collector that the possession of such
occupancy may be restored to him and there upon the Collector shall, after issuing a
notice to the transferee or his successor in interest, as the case may be, in the prescribed
form to show cause why he should not be disentitled to retain possession of the
occupancy and after holding such inquiry as he deems fit, declare that the transferee
or his successor in interest shall not be entitled to retain possession of the occupancy
and that the occupancy shall be restored to the tribal transferor or his successor in
interest, as the case may be, on the same terms and conditions on which the transferor
held it immediately before the transfer and subject to his acceptance of the liability
for payment of arrears of land revenue in respect of such occupancy in accordance
with the rules made by the State Government and that the transferee or his successor
in interest as the case may be, shall be deemed to be unauthoriselly occupying the
occupancy :
Provided that such declaration shall stand revoked if the tribal transferor, or,
as the case may be, his successor in interest fails or refuses in writing to accept the
restoration of the possession of such occupancy within the prescribed period.
(b) Where—
(i) a tribal in contravention of sub-section (1) of section 73A or of any
other law for the time being in force has transferred his occupancy to another tribal
at any time during the period commencing on the 4th April, 1961 and ending on the
day immediately before the date of commencement of the Bombay Land Revenue
(Gujarat Second Amendment) Act, 1980, and
(ii) the tribal transferee or his successor in interest has not been evicted from
such occupancy under section 79A,
the transfer of occupancy shall be valid, as if it were made with the previous
sanction of the Collector under section 73A.
1. Sections 73AA, 73AB, 73AC and 73AD were inserted by Guj. 37 of 1980, s. 2.
* Amendment for Scheduled Areas :- Section 73AA in its application to the Scheduled Areas
of the State as referred to in clause (1) of article 244 of the Constitution of India is amended by Guj.
5 of 1998, s. 2 as under :—
(1) in sub-sections (1) and (2), for the words “the Collector”, the words “the District Panchayat”
shall be substituted;
(2) in sub-section (3), in clause (a),-
(a) for the words “occupancy to another tribal” the words “occupancy to any person” shall
be substituted;
(b) for the words “the Collector”, occuring at two places, the words “the District Panchayat”
shall be substituted;
(3) in sub-section (4), in clause (a), the words, brackets and figure “of sub-section (1) of this
section, or” shall be deleted;
(4) in the Explanation, before clause (i), the following clause shall be inserted, namely :-
“(ia) “district panchayat” means a district panchayat of a district comprising of any Scheduled
Areas of the State as referred to in clause (1) of article 244 of the Constitution of India,
in which the occupancy of the tribal exists,”.
Restriction on transfer
of occupancies of
tribals to tribals or
non-tribals.
Guj . 37 o f
1980.
38 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
(4) Where a tribal—
(a) in contravention of sub-section (1) of this section, or of sub-section (1) of
section 73A or of any other law for the time being in force, transfers his occupancy to
any person other than a tribal (hereafter in this section and in section 73AB referred to
as “the non-tribal”) at any time on or after the date of commencement of the Bombay
Land Revenue (Gujarat Second Amendment) Act, 1980 (hereinafter in this section
referred to as “the said date”); or
(b) in contravention of sub-section (1) of section 73A or of any other law for
the time being in force has transferred his occupancy to a non-tribal at any time before
the said date,
the Collector shall, nothwithstanding anything contained in any law for the time being
in force, either suo motu at any time, or on a application made by the tribal transferor
or his successor in interest at any time within three years from the said date or the
date of such transfer, whichever is later, after issuing a notice to the transferee or his
successor in interest as the case may be, to show cause why the transfer should not
be declared void and after making such inquiry as he thinks fit, declare the transfer of
such occupancy to be void and thereupon the occupancy together with the standing
crops thereon, if any, shall vest in the State Government free from all encumbrances.
(5) Where an occupancy if vested in the State Government under sub-section
(4) and such occupancy was assessed or held for the purposes of agriculture
immediately before its transfer by the tribal transferor, the Collector shall, after taking
necessary action under sections 79A and 202, give notice to the tribal transferor or
his successor in interest, as the case may be, requiring him to state in writing within
ninety days from the date of receipt of such notice whether he is willing to purchase
the occupancy and cultivate in personally, and if such tribal transferor or his successor
in-interest agreees to purchase the occupancy and undertakes to cultivate it personally,
it may be granted to him on payment of the prescribed occupancy price.
(6) If within the said period of ninety days the transferor or his successor in
interest does not intimate his willingness to purchase the occupancy and to cultivate it
personally, or fails to pay the occupancy price within such period as may be specified
by the Collector, the occupancy shall be granted to any other tribal residing in the
same village or in any other village situated within such distance from the village as
may be prescribed, on the same conditions, including the payment of the occupancy
price, as are specified in sub-section (5), and if he is not so willing, it shall be granted
to other classes of persons in such order or priority at such occupancy price and subject
to such conditions as may be prescribed.
(7) Where any occupancy is transferred to a non-tribal in contravention of
sub-section (1) such non-tribal shall, without prejudice to any other liability to which
he may be subject, be liable to pay to the State Government, a penalty not exceeding
three times the value of the occupancy such penalty and value to be determined by
the Collector, and such determination shall be, final:
Provided that before levying any such penalty, the non-tribal shall be given a
reasonable opportunity of being heard.
(8) The penalty payable under sub-section (7) shall, if it is not paid within
the time specified by the Collector, be recoverable as an arrear of land revenue.
Gu j . 37 o f
1980.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 39
Explanation — For the purposes of this section,—
(i) “prescribed” means prescribed by rules under section 214;
(ii) “Scheduled Tribes” means such tribes or tribal communities or parts of or
groups within such tribes or tribal communities as are deemed to be Scheduled Tribes
in relation to the State of Gujarat under atricle 342 of the Constitution.
(iii) “to cultivate personally” shall have the meaning assigned to it in clause
(6) of section 2 of the Bombay Tenancy and Agricultual Lands Act, 1948.
73AB. Notwithstanding anying contained in section 73 or in sub-section
(1) of section 73AA or in any condition lawfully annexed to the tenure, but subject to
the provision contained in section 35, it shall be lawful for an occupant to mortgage,
or create a charge on his interest, in his occupancy in favour of the State Government
in consideration of loan advanced to him by the State Government under the Land
Improvement Loans Act, 1883, the Agriculturists Loans Act, 1883 or the Bombay
Non-Agriculturists’ Loans Act, 1928 as in force in the State of Gujarat or in favour
of bank or a co-operative society, and without prejudice to any other remedy open
to the State Government, bank or co-operative society, as the case may be, the event
of his making default in the payment of such loan in accordance with the terms on
which such loan was granted, it shall be lawful for the State Government, bank or a
co-operative society, as the case may be, to cause his interest in the occupancy to be
attached and sold and the proceeds to be applied in payment of such loan:
Provided that if such occupant is a tribal his interest in the occupancy shall not
be sold to a non-tribal without the previous sanction of the Collector.
Explanation — For the purposes of this section “bank” means-
(i) the State Bank of India constituted under the State Bank of India
Act, 1955;
(ii) any subsidiary bank as defined in clause (k) of section 2 of the State Bank
of India (Subsididary Banks) Act, 1959;
(iii) any corresponding new bank as defined in clause (d) of section 2 of the
Banking Companies (Acquistion and Transfer of Undertakings) Act, 1970;
(iv) the Agricultural Refinance and Development Corporation established
under the Agricultural Refinance and Development Corporation Act, 1963.
73AC. (1) No civil court shall have jusrisdiction to settle, decide or deal
with any question which is by or under section 73A, or section 73AA or section 73AB
required to be settled, decided or dealt with by the Collector nor shall the civil court
have jurisdiction to entertain any suit or application for grant of injunction (whether
temporary or permanent) in relation to such question.
(2) No order of the Collector made under section 73A or section 73AA or
section 73AB shall be called in question in any civil or criminal court.
Explanation— For the purposes of this section, a civil court shall include a
Mamlatdar’s Court under the Mamlatdars Court Act, 1906.
73AD. (1) Notwithstanding anything contained in the Registration Act,
1908,—
(a) no document relating to transfer (not being a mortagage or creation of
charge failing under section 73AB) of an occupancy of a person belonging to any of
the Scheduled Tribes shall be registered on or after the date of the commencement of
the Bombay Land Revenue (Gujarat Second Amedment) Act, 1980 (hereinafter in this
section referred to as “the said date”), by any registering officer appointed under the
Registration Act, 1908 unless the person presenting the document furnishes a declaration
by the transferor in the prescribed form which shall be subject to verification in the
prescribed manner, that the transfer of occupancy is made with the previous sanction
of the Collector under section 73A or section 73AA.
Bom. LXVI of
1948.
Rights of occupant
to mortgage his
occupancy in favour
of State Government
and certain institution.
19 of 1883.
12 of 1884.
Bom. III of
1928.
23 of 1955.
38 of 1955.
5 of 1970.
10 of 1963.
Bar of jurisdication
of Civil Courts.
Bom. I I o f
1906.
16 of 1908.
Restriction on
registration of
documents.
Guj . 37 o f
1980.
16 of 1908.
40 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
(b) a document relating to the transfer of an occupancy belonging to any of
the Scheduled Tribes, referred to in clause (a) which is registered on or after the said
date shall take effect and operate only from the time of such registration.
(2) Nothing in sub-section (1) shall apply to the documents of transfers of
occupancies of persons beloning to any of the Scheduled Tribes made before the said
date, but presented for registration after the said date.
Explanation— In this section, the expressions “prescribed” and “Scheduled
Tribes” shall have the same meanings as the said expressions have in clauses (i) and
(ii) respectively of the Explanation to section 73AA].
1[73B. Where any occupancy, by virtue of any conditions annexed to the
tenure by or under this Act, is not transferable or partible without the previous sanc-
tion of the State Government, the Collector or any other officer authorised by the
State Government, such sanction shall not be given except on payment to the State
Government of such sum as the State Government may by general or special order
determine].
2[74. The occupant may relinquish his land, that is, resign it in favour of 3[the
4[Government] ] but subject to any rights, tenures, incumbrances or equities lawfully
subsisting in favour of any person (other than 3[the4[Government] or the occupant) by
giving notice in writing to the Mamlatdar or Mahalkari before the 31st March in any
year or before such other date as may from time to time be prescribed in this behalf
by the 5[6[State ] Government] and such relinquishment shall have effect from the
close of the current year:
Provided that no portion of land which is less in extent than a whole survey
number or sub-division of a survey number may be relinquished.]
75. [Relinquisment of lands paying lump-assesment.] Repealed by Bom.IV of
1913 , s. 33 (1).
76. The provisions of 7[the last section] shall apply as far as may be, to the
holders of alienated land :
Provided that,
(a) it shall not be lawful to relinquish as aforesaid, any portion of any land held
wholly or partially exempt under the circumstances described in the first paragraph of
section 49 until the commuted assessment payable in respect of such portion of land
has been determined under the provisions of the said section; and that,
(b) if any person relinquishes land on which, under the circumtances described
in section 51, a larger revenue is levied than would ordinarily be leviable on such land,
he shall be deemed to have relinquished also the land held with it which is wholly or
partially exempted from payment of revenue.
77. If any person relinquishes land, the way to which lies through other land
which he retains, the right of way through the land so retained shall continue to the
future holder of the land relinquished.
78. Nothing in 8[section 74] shall affect--
9[* * * * * * * *]
9[* * * * * * * *]
the validity of the terms or conditions of any lease or other express instrument
under which land is, or may hereafter be, held from 3[the 4[Government]].
1. Section 73B shall be and shall be deemed always to have been inserted by Guj. 35 of 1965,
s. 7.
2. Section 74 was substituted by Bom. 4 of 1913, s. 32.
3. The word “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. The words “Provincial Government” were substituted for the words “Governor in Council”
ibid.
6. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7. These words were substituted for the words “the two last sections” by Bom. 4 of 1913, s.
33(2).
8. These word and figures were substituted for the words and figures “sections 75 and 76”,
ibid., s. 34.
9. Clause (a) and the letter “(b)” were repealed, ibid.
Payment of premium
for sanctioning
transfer or partition
of occupancy.
Relinquishment.
Relinquishment of
land described in
paragraph 1 of
section 49.
Relinquishment of
land described in
section 51.
Right of way to
relinquish land.
Saving of operation
of section 74 in
certain cases.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 41
79. [ Occupant to continue liable for demands until occupancy relinquished].
Repealed by Bom. IV of 1913, s. 35.
1[79A. Any person unauthorizedly occupying, or wrongfully in possession of,
any land—
2[(a) 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, or]
(b) 3[which] is not transferable without previous sanction under 4[sec-
tion 73A or section 73AA or section 73AB] by virtue of any condition lawfully
5[annexed to the tenure] under the provisions of section 62, 67 or 68,
may be summarily evicted by the Collector] :
6[Provided that this section shall not apply in the case where the tribal transferor
does not make an application under clause (a) of sub section (3) of section 73 AA
within the time specified in that clause for restoration of possession.]
80. In order to prevent the forfeiture of an occupancy under the provisions of
section 56 or of any other law for the time being in force, 7[throughnon-payment of
the land revenue due on account thereof by the person primarily liable for payment
of it, shall be lawful for any person interested to pay on behalf of such person] all
sums due on account of land revenue and 8[the Collector shall on due tender thereof]
receive the same. And in any such case the Collector may 9[under section 86] give to
the person who has paid the land revenue as aforesaid 10[aid for the recovery of any
portion of such land revenue] which he may consider to be properly payable by other
persons.11 [***]
Provided that nothing authorized or done under the provisions of this
section shall affect the rights of the parties interested as the same may be established
in any suit between such parties in a Court of competent jurisdiction.
1. Section 79A was inserted by Bom. 6 of 1901, s. 12.
2. Clause (a) was substituted by Bom. 3 of 1921, s. 3.
3. This word was substituted for the words “of which the occupancy right” by Bom. 4 of
1913, s. 36.
4. These words, figures and letters were substituted for the word, figures and letter “section
73-A” by Guj. 37 of 1980, s. 3 (i).
5. These words were substituted for the words “annexed to the occupancy” by Bom. 4 of 1913
s. 36.
6. This proviso was added by Guj. 37 of 1980, s. 3(ii).
7. These words were substituted for the words “through non-payment by the occupant of the
land revenue due on account thereof, it shall be lawful for any person interested to pay on behalf of
such occupant” by Bom. 67 of 1948, s. 90 Sch. II, read with Bom. 63 of 1958.
8. These words were substituted for the words “for the Collector to” by s. 2(1) and first
Schedule of the Bombay Repealing and Amending Act, 1905 (Bom. 4 of 1905).
9. These words and figures were inserted by Bom. 4 of 1913, s. 37(b).
10. These words were substituted for the words “such aid for the recovery of the proportional
amounts”, ibid., s. 37(c).
11. The words “in occupation of parts of a field or survey-number as he might legally have
given had the persons so paying been the registered occupants” were repealed, ibid., s. 37 (e).
Summary eviction of
person un-authorizedly
occupying land.
Proviso.
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.
H-2052—6
42 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
81. [When Collector may make co-occupant the registered occupant, instead
of selling occupancy to realize land revenue.] Repealed by Bom. IV of 1913, s. 38.
82. It shall be lawful for the 1[ 2[State] Government] by notification in the
3[Official Gazette] from time to time-.
(a) to suspend the operation of section 60 or 74 or of both, within any
prescribed local area, either generally or in respect of cultivators or occupant
of a particular class or classes, and
(b) to cancel any such notification.
During the period for which any notification under the above clause (a) is in
force within any local area, such rules shall be substituted for the provisions of which
the operation is suspended as the 4[State Government] shall from time to time direct.
CHAPTER VII.
OF SUPERIOR AND INFERIOR HOLDERS.
83. A person placed, as tenant, in possession of land by another, or in that
capacity, holding, taking or retaining possession of land permissively from or by
sufference of another shall be regarded as holding the same at the rent or for the services
agreed upon between them ; or in the absence of satisfactory evidence of such
agreement at the rent payable or services renderable by the usage of the locality, or,
if there be no such agreement or usage, shall be presumed to hold at such rent as,
having regard to all the circumstances of the case, shall be just and reasonable.
And where by reason of the antiquity of a tenancy, no satisfactory evidence of
its commencement is forthcoming, and there is not any such evidence of the period
of its intended duration, if any, agreed upon between the landlord and tenant, or those
under whom they respectively claim title or any usage of the locality as to duration of
such tenancy, it shall, as against the immediate landlord of the tenant, be presumed
to be co-extensive with the duration of the tenure of such landlord and of those who
derive title under him.
And where there is no satisfactory evidence of the capacity in which a person in
possession of land in respect of which he renders service or pays rent to the landlord
receives, holds or retains possession of the same, it shall be presumed that he is in
possession as tenant.
Nothing contained in this section shall affect the right of the landlord (if he
have the same either by virtue of agreement, usage or otherwise), to enhance the rent
payable or services renderable by the tenant, or to evict the tenant for non-payment
of the rent or non-rendition of the services, either respectively originally fixed or
duly enhanced as aforesaid.
1. The words “Provincial Government” were substituted for the words “Government 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 words “Official Gazette” were substituted for the words “Bombay Government Gazette”
by the Adaptation of Indian Laws Order in Council.
4. These words were substituted for the word “Commissioner” by Guj. 15 of 1964, s. 4, Sch.
2[State] Government
empowered to suspend
operation of section
60 or 74.
Amount of rent
payable by tenant.
Duration of tenancy.
Presumption as to
tenure.
Saving clause.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 43
84. An annual tenancy shall in the absence of proof of the contrary be presumed
to run from the end of one cultivating season to the end of the next. The cultivating
season may be presumed to end on the 31st March.
An annual tenancy shall 1[in the absence of any special agreement in writing
to the contrary] require for its termination a notice given in writing by the landlord to
the tenant, or by the tenant to the landlord, at least three months before the end of the
year of tenancy at the end of which it is intimated that the tenancy is to cease. Such
notice may be in the form of Schedule E, or to the like effect.
2[84-IA. The provisions of sections 83 and 84 shall cease to apply to
tenancies to which the provisions of the Bombay Tenancy and Agricultural Lands
Act, 3[1948, or as the case may be, of the Bombay Tenancy and Agricultural Lands
(Vidarbha Region and Kutch Area) Act, 1958, apply].]
4[84A. (1) Whenever from any cause the payment of the whole or any part of
the land revenue payable to 5[the 6[State] Government] by a superior holder in respect
of any land is suspended or remitted, the Collector, acting under general or special
orders of 5[the 6[State] Government], may suspend or remit as the case may be, the
payment to such superior holder of the rent or land revenue of such land by the inferior
holder or holders to an amount which—
(a) in the case of land in respect of which full assessment is payable to 5[the
6[State] Government], shall not exceed double the amount of the land revenue of which
the payment by such superior holder has been suspended or remitted by 5[the 6[State]
Government], and
(b) in the case of land in respect of which land revenue less than the full as-
sessment is payable to 5[the 6[State] Government], shall not exceed double the amount
which, in the opinion of the Collector, would have been suspended or remitted by
5[the 6[State] Government], in favour of the superior holder if the full assessment had
been payable to 5[the 6[State] Government], in respect of such land.
(2) In the case of land in respect of which no land revenue is payable to 5[the
6[State] Government], by a superior holder, whenever from any cause the payment of
the whole or any part of the land revenue payable to 5[the 6[State] Government], in
respect of any other land in the same neighbourhood has been suspended or remitted
the collector acting under the general or special orders of 5[the 6[State] Government],
may suspend or remit, as the case may be, payment, to such superior holder of the
rent or land revenue of the first-mentioned land by the inferior holder or holders to
an amount which shall not exceed double the amount which, in the opinion of the
Collector, would have been suspended or remitted by 5[the 6[State] Government] in
favour of the superior holder if the full assessment had been payable to 5[the 6[State]
Government] in respect of such land.
(3) An order passed under sub-section (1) or under sub-section (2) shall not
be questioned in any court.
1. These words were inserted by Bom. 7 of 1914, s. 2.
2. Section 84-IA was inserted by Bom. LXVII of 1948, s. 90 read with Bom. 13 of 1956.
3. These figures, words and brackets were substituted for the figures and word “1948 apply”
by Guj. 35 of 1965, s. 8.
4. Section 84A was inserted by s. 3 of Bom.7 of 1914.
5. The words “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.
Annual tenancy
terminates on the
31st March.
Three months’ notice
of termination of
tenancy to be given
by landlord to tenant,
or vice versa.
Sections 83 and
84 not to apply to
certain tenancies.
Bom. LX.VII
of 1948. Bom.
XCIX of 1958.
Order granting
suspensions or
remission to inferior
holders.
Such order not to be
questioned in any
Court.
44 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
(4) If the superior holder collects any rent or land revenue of which the payment
has been remitted, or before the expiration of the period of suspension collects any rent
or land revenue of which the payment has been suspended in favour of an inferior
holder or holders, the whole of the land revenue remitted or suspended in favour of
such superior holder shall, without prejudice to the rights of the inferior holder or
holders to recover the rent or land revenue so collected, become immediately payable
by the superior holder.
(5) No application for assistance under sections 86 and 87 shall be entertained, no
suit shall lie, and no decree of a Civil Court shall be executed, for the recovery by a
superior holder of any rent or land revenue of which the payment has been, remitted
or during the period of suspension of any rent or land revenue of which the payment
has been suspended in favour of an inferior holder or holders; but, where the
payment of rent of land revenue by an inferior holder or holders has been suspended,
the period during with the suspension has continued shall be excluded from the period
of limitation prescribed for a suit for the recovery of such rent or land revenue.
(6) Nothing in this section shall make it unlawful for the superior holder to take
the crop-share fixed by custom or agreement in respect of any land on which rent is
payable in whole or in part in the form of a share of the crop.
(7) Explanation—
In respect of land which has not been assessed under the provisions of 1[this
Act] the terms assessment, for the purposes of this section, includes the rent in land
revenue payable by custom or by the usage of the locality.
2[* * * * *]
3[85. (1) Every superior holder of an alienated village or of an
alienated share of a village, in which there are a hereditary patel and a 4[Village
Accountant] shall receive his dues on account of rent or land revenue, from the inferior
holders through such patel and accountant.
(2) Where such patel and accountant fail to recover in behalf of such superior
holder any sum due and paylable to him on account of rent or land revenue, such
superior holder shall, with the previous consent of the Collector, be entitled to recover
his dues direct from the interior holders.
(3) Where any such patel or accounant has recovered any sum in behalf of such
superior holder and fails to account to him for the same, the Collector, shall, on written
application from the superior holder, recover such sum from such patel or accountant
as an arrear of land revenue.
(4) Where any such superior holder demands or receives any rent or land revenue
from any inferior holder otherwise than through such patel or accountant, he shall, on
conviction in a summary inquiry before the Collector, be liable to a fine not exceeding
three times the amount of the sum so demanded or received.]
(1). These words were substituted by Bom. 20 of 1939, s. 5.
(2). Sub-section (8) was omitted by the Adaptation of Laws Order, 1950.
(3). Section 85 was substituted by 1st Sch., Part II, Serial No. 6 of the Bombay Repealing and
Amending Act, 1910 (Bom. 1 of 1910).
(4). These words were substituted for the words “hereditary village accountant” by Bom. 60 of
1950, Sch. II.
Consequences
following on
such order.
Crop-share fixed by
custom or agreement.
Meaning of
assessment.
Recovery of superior
holders’ dues.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 45
86. Superior holders shall, upon written application to the Collector, be entitled
to assistance, by the use of precautionary and other measures, for the recovery of rent
or land revenue payable to them by inferior holder or by co-sharers in their holdings
under the same rules, except that contained in section 137, and in the same manner
as prescribed in Chapter XI 1[***] for the realization of land revenue by 2[the 3[State]
Government]:
4[Provided that such application shall be made before the expiry of the year
immediately succeeding the revenue year or the year of the tenancy in which the said
rent or land revenue became payable.]
87. 5[(1)] On application being made under section 86 to the Collector, he shall
cause a written notice thereof to be served on the inferior holder or co-sharer fixing
a day for inquiry into the case.
5[(2)] On the day so fixed he shall hold a summary inquiry, and shall pass an
order for rendering assistance to the superior holder for the recovery of such amount,
if any, of rent or land revenue as appears to him upon the evidence before him to be
lawfully due.
5[(3)] But, if it appears to the Collector that the question at issue between the
parties is of a complicated or difficult nature, he may in his discretion either refuse
the assistance asked for, or, if the land to which the dispute relates, has been assessed
under the provisions 7[of this Act] grant assistance to the extent only for the
assessment so fixed upon the said land.
5[(4)] Nothing in this section shall prevent either party from having recourse to
the Civil Courts, to recover from the other such amount as he may deem to be still
due to him or to have been levied from him in excess of what was due, as the case
may be.
6[5] One appeal only shall lie from any order passed under this section.]
88. [Commissioner may by commissions, confer certain powers on holders of
alienated lands.] Repealed by Bom. XXIX of 1939, s. 30
89. [Form of such commission.] Repealed by Bom. XXIX of 1939, s. 30.
90. [Reference must be made by holder of commission to the Collector in certain
cases.] Repealed by Bom. XXIX of 1939, s. 30.
91. [ When compulsory process shall cease.] Repealed by Bom. XXIX of 1939,
s. 30.
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. The words “the Provincial Government” were substituted for the word “Government ” 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 proviso was substituted by Bom. LXVII of 1948, s. 90 read with Bom. 13 of 1956.
5. These sub-sections were originally paragraphs of section 87. They were numbered as
sub-sections by Bom. 4 of 1913, s. 39.
6. Sub-section (5) was added, ibid., s. 39.
7. These words were substituted by Bom. 20 of 1939, s. 5.
Superior holders
entitled to assistance
in recovery of
dues from inferior
holders., etc.
But application must
be made within the
revenue year or
within the year of
tenancy.
The Collector how
to proceed on such
application being
made.
Assistance may be
refused or granted to
a limited extent only.
Civil suit not to be
barred.
46 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
92. [ Power under commission to extend to current and previous year’s arrears.]
Repealed by Bom. XXIX of 1939, s. 30.
93. [ Holder of commission not to enforce any unusual or excessive demand. ]
Repealed by Bom. XXIX of 1939, s. 30.
94. [But holder of commission may establish his right to enhanced rent in Civil
Court.] Repealed by Bom. XXIX of 1939, s. 30.
1[94A. (1) The superior holder of an alienated village or of an alienated share
of a village, in which there are a hereditary patel and a 2[Village Accountant] and to
which a survey settlement has been extended under section 216, may by application
in writing to the Assistant or Deputy Collector in charge of the taluka request that the
rent or land revenue due to such superior holder may during a period named in the
application be recovered as a revenue demand.
(2) The Collector may in his discretion sanction the application for a period
not exceeding that named by the applicant, and in such case the following provisions
shall apply:—
(a) Any rent or land revenue that accrues or has accrued due to the
superior holder during the sanctioned period or a period of six years previous
thereto shall, to an extent not exceeding the assessment fixed on the land, be
recoverable under the orders of the revenue authorities as a revenue demand
during the sanctioned period.
(b) Where any proportion of the land revenue that accrues or has
accrued due to 3[ the 4[State] Government ] in respect of unalienated land in
the same neighbourhood during the said sanctioned or previous period has
been suspended or remitted by proper authority, the Collector may suspend or
remit an equal or lesser proportion of the rent or land revenue that accrues or
has accrued due to the superior holder during the corresponding period. Any
such suspension or remission shall, notwithstanding anything in the 5[Bombay
Revenue Jurisdiction Act, 1876], be binding upon the superior holder in any
subsequent proceedings in any Civil Court between the superior and inferior
holders or their legal representatives and any proceeding pending at the date
of such suspension or remission shall abate to the extent of any claim that may
be inconsistent therewith; and no Civil Court shall entertain any suit against
6[ the 7[ Government ] ] in respect of any such suspension or remission.
(c) Where any such suspension or remission has been granted to an
inferior holder, the land revenue (if any) payable by the superior holder shall
be suspended or remitted, as the case may be, to a proportionate extent.
(d) The balance of any sum recovered under clause (a) shall be paid to
the superior holder after deduction of the costs, if any, of recovery and of any
sum lawfully chargeable upon the sum recovered.]
1. Section 94A was inserted by Bom. 4 of 1913, s. 41.
2. These words were substituted for the words “hereditary village accountant” by Bom. 60 of
1950, Sch. II.
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 Order, 1950.
5. These words were substituted for the original, ibid.
6. The words “the Crown” were substituted for the words “the Secretary of State or Government”
by the Adaptation of Laws Order in Council.
7. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
Recovery as revenue
demand of dues
of certain superior
holders for specified
period.
X of 1876.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 47
CHAPTER VIII.
1[ OF SURVEYS, ASSESSMENTS AND SETTEMENTS OF LAND REVENUE.]
95. It shall be lawful for the 2[ 3[State] Government ], whenever it may seem
expedient, to direct the survey of any land in any part of the 4[area to which this Act
extends], with a view to the settlement of the land revenue, and to the record and
preservation of rights connected therewith, or for any other similar purpose and such
survey shall be called a revenue survey. Such survey may extend to the lands of any
village, town, or city, generally, or to such land only as the 2[ 3[State] Government]
may direct; and subject to the orders of the 2[ 3[State] Government] it shall be lawful
for the officers conducting any such survey to except from the survey settlement any
land to which it may not seem expedient that such settlement should be applied.
The control of every such revenue survey shall vest in and be exercised by the
2[ 3[State] Government ].
96. It shall be lawful for the survey officer deputed to conduct or take part
in any such survey, to require by general notice or by summons, the attendance of
holders of lands and of all persons interested therein, in person, or by legally constituted
agent duly instructed and able to answer all material questions and the persence of
taluka and village officers, who in their several stations and capacities are legally, or
by usage, bound to perform service in virtue of their respective offices and to require
from them such assistance in the operations of the survey and such service in
connection therewith, as may not be inconsistent with the position of the individual
so called on.
97. It shall be lawful for the survey officer to call upon all holders of land
and other persons interested therein to assist in the measurement or classification of
the lands to which the survey extends by furnishing flag holders; and in the event
of necessity for employing hired labour for this or other similar object, incidental
to survey operations, it shall be lawful to assess the cost thereof, with all contingent
expenses on the lands surveyed, for collection as a revenue demand.
98. Except as hereinafter provided, no survey number comprising land used
for purposes of agriculture only shall be made of less extent than a minimum to be
fixed from time to time for the several classes of land in each district by the
Commissioner of Survey, with the sanction of 5[the, 6[State] Government ]. A record
of the minima so fixed shall be kept in the Mamlatdar’s office in each taluka, and shall
be open to the inspection of the public at reasonable times.
These provisions shall not apply to survey numbers which have already been
made of less extent than the minima so fixed, or which may be so made under the
authority of the Commissioner of Survey given either generally or in any particular
instance in this behalf; and any survey number separately recognized in the 7[land
records] shall be deemed to have been authorizedly made whatever be its extent.
1. This heading was substituted by Bom. 4 of 1913, s. 42.
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. Thsi words were substituted for the words “Presidency” by the Bombay Adaptation of Laws
(State and Concurrent Subjects) Order, 1956.
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. These words were substituted for the words “Survey Records” by Bom. 4 of 1913, s. 43.
Revenue survey may
be in t roduced by
2[State] Government
into any part of area
to which this Act
extends.
Control of revenue
survey.
Survey Officer may
require by general
notice or by summons,
suitable service from
holders of land, etc.
Assistance to be given
by holders and others
in the measurement or
classification of lands.
Survey numbers not
to be of less than a
certain extent.
Exception.
48 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
99. [Provisions applicable to recognised shares of survey numbers.] Repealed
by Bom. IV of 1913, s. 44.
100. [Officer in charge of a survey to fix assessments.] Repealed by Bom. XX
of 1939, s. 6.
101. [The assessment so made may be on land or on means of irrigation, etc.]
Repealed by Bom. XX of 1939, s. 6.
102. [Assessment so made not leviable without the sanction of Provincial,
Government. But may be fixed, with or without modification, by the Provincial Gov-
ernment for a term of years.] Repealed by Bom. XX of 1939, s. 6.
103. [Introduction of Settlements.] Repealed by Bom. XX of 1939, s.6.
104. [Excess assessment not to be levied in the year in which a survey settlement
is introduced; nor in the following year if the number is resigned that year.] Repealed
by Bom. XX of 1939, s.6.
105. The fixing of the assessment under the provisions of 1[this Act] shall be
strictly limited to the assessment of the ordinary land revenue, and shall not operate
as a bar to the levy of any cess which it shall be lawful for the 2[3[State] Government]
to impose under the provisions of any law for the time being in force for purposes of
local improvement, such as schools, village, and district roads, bridges, tanks, wells,
accommodation or travellers, and the like, or of any rate for the use of water which
may be imposed under the provisions of section 55 4[or of the Bombay Irrigation
Act, 1879].
106. It shall be lawful for the 2[ 3[State] Government] to direct at any time, a
fresh 5[*] survey or any operation subsidiary thereto 6[* *]:
7[Provided that when a general classification of the soil of any area has been
made a second time, or when any original classification 8[of the soil] of any area has
been approved by the 2[3[State] Government] as final no such classification shall be
again made with a view to the revision of the assessment of such area.]
107. [Conditions applicable to revisions of assessment.] Rrepealed by Bom.
XX of 1939, s. 6.
108. It shall be the duty of the survey officer, 9[or the Settlement Officer]
on the occasion of making or revision a settlement of land revenue, to prepare a
register, to be called “the Settlement Register”, showing the area and assessment
of each survey number, 10[with any other particulars that may be prescribed] and
other records in accordance with such orders as may from time to time be made on
this behalf by 11[the 3[State] Government].
1. These words were substituted for the word and figures “section 102” by Bom. 20 of
1939, s. 7.
2. The words “the 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 added by s. 2 of the Bombay Irrigation Act, 1879(Bom. 7 of 1879).
5. The word “revenue” was omitted by Bom. 20 of 1939, s. 8.
6. The words and figures “but no enhancement of assessment shall take effect till the
expiration of the period previously fixed under the provisions of section 102” were omitted, ibid. s. 8.
7. This proviso was substituted for the second paragraph of s. 106 by Bom. 4 of 1886, s. 1.
8. These words were inserted by Bom. 20 of 1939, s. 8.
9. These words were inserted, ibid, s. 9.
10. These words were substituted for the words “together with the name of the registered
occupant of such survey number” by Bom. 4 of 1913, s. 48.
11. The words “the Provincial Government” were substituted for the word “Government” by
the Adaptation of Indian Laws Order in Council.
The fixing of
assessment under
this Act limited
to ordinary land
revenue.
Bom. VII of
1879.
3[State] Government
may direct a fresh
survey and revision
of assessment.
Preparation of
statistical and
fiscal records.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 49
109. [Officers to correct clerical and admitted errors in Settlement Register,
and inquire into and pass orders on applications for mutation of names.] Repealed
by Bom. IV of 1913, s. 49.
110. [Collector to keep survey-records and frame village-records in accordance
therewith; and to register changes, etc.] Repealed by Bom. IV of 1913, s. 49.
111. In the event of any alienated village or estate coming under the temporary
management of 1[Government Officers], it shall be lawful for the Collector to let
out the lands thereof, at rates determined by means of a survey settlement or at such
other fixed rates as he may deem to be reasonable, and 2[to grant unoccupied lands on
lease] and otherwise to conduct the revenue management thereof under the rules for
the management of unalienated lands, so far as such rules may be applicable, and for
so long as the said village or estate shall be under the management of 1[Government
Officers]:
Provided, however, that any written agreements relating to the land, made by
the superior holder of such village or estate, shall not be affected by any proceedings
under this section in so far as they shall not operate to the detriment of the lawful
claims of 3[the 4[Government] ] on the land.
112. Existing survey settlements of land revenue made, approved and confirmed
under the authority of the 5[ 6[State] Government] shall be, and are hereby declared
to be, in force subject to the provisions of this Act.
7[113. Expenses properly incurred in making partition of estates paying revenue
to 8[the 6[State] Government] shall be recoverable as a revenue demand in such
proportions as the Collector may think fit from the sharers at whose request the
partition is made, or from the persons interested in the partition.]
114. [Partition of certain estates by the Collector on application by co-sharers.]
Repealed by Bom. 6 of 1950, Sch.
115. [Sub-division of numbers at time of revision of survey.] Repealed by Bom.
IV of 1913, s. 53.
9[116. When any portion of cultivable land is permitted to be used under the
provisions of section 65 or 67 for any non-agricultural purpose or when any portion
of land is specially assigned under section 38, or when any assessment is altered or
levied on any portion of land under sub-section (2) or sub-section (3) of section 48,
such portion may, with the sanction of the Collector, be made into a separate number
at any time notwithstanding the provisions of section 98.]
1. The words “Government Officers” were substituted for the words “Servants of the Crown”
by the Adaptation of Laws Order, 1950.
2. These words were substituted for the words “to sell the occupancy of unoccupied lands by
auction” by Bom. 4 of 1913, s. 50.
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. The words “Provincial Government” were substituted for the words “Governor in Council”
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. Section 113 was substituted by Bom. 4 of 1913, s. 51.
8. The words “the Provincial Government” were substituted for the word “Government” by
the Adaptation of Indian Laws Order in Council.
9. Section 116 was substituted by Bom. 4 of 1913, s. 54.
Revenue management
of villages or estates
not belonging to the
4[Government] that
may be temporarily
under the management
of 5[State]
Government.
Maintenance of
existing settlements
of land revenue.
Partition.
Division of survey
numbers into new
survey numbers.
H-2052—7
50 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
117. [Bombay Act V of 1862 not affected.] Repealed by Bom 32 of 1949, s. 9.
1[117A. 2[Subject to the provisions of the Bombay Prevention of Fragmentation
and Consolidation of Holdings Act, 1947,]-
(1) survey numbers may from time to time and at any time be divided into so
many sub-divisions as may be required in view of the acquisition of rights in land or
for any other reasons ;
(2) the division of survey numbers into sub-divisions and the fixing of the
assessments of the sub-divisions shall be carried out and from time to time revised in
accordance with rules made by the 3[4[State] Government] in this behalf :
Provided that the total amount of the assessment of any survey number or sub-
division shall not be enhanced during any term for which such assessment may have
been fixed under 5[the provisions of this Act], unless such assessment is liable to
alteration under section 48 ;
(3) the area and assessment of such sub-divisions shall be entered in such land
records as the 3[4[State] Government] may prescribe in this behalf.]
6[117B. 2[Subject to the provisions of the Bombay Prevention of Fragmentation
and Consolidation of Holdings Act, 1947 ], if any sub-division of a survey number is
relinquished under section 74 or is forfeited for default in payment of land revenue,
the Collector shall offer such sub-division at such price as he may consider it to be
worth to the occupants of the other sub-divisions of the same survey number in such
order as in his discretion he may think fit; in the event of all such occupants refusing
the same, it shall be disposed of as the Collector shall deem fit :
Provided that until the said sub-division shall be occupied or until the entire survey
number shall be relinquished, whichever event may first occur, the assessment of the
said sub-division shall be levied from the occupants of the other sub-divisions of the
survey number in proportion to the amount of assessment due from such occupants
on account of their sub-divisions.
For the purposes of this section notwithstanding anything contained in section 3,
if any of the other sub-divisions have been mortgaged with possession, the mortgagors
shall be deemed to be the occupants thereof.]
7[CHAPTER VIII A.
ASSESSMENT AND SETTLEMENT OF LAND REVENUE OF AGRICULTURAL
LAND.
117C. In this Chapter, unless there is anything repugnant in the subject or
context—
(1) “Settlement” means the result of the operations conducted in 8[a zone] in
order to determine the land revenue assessment.
1. Section 117A was inserted by Bom. 4 of 1913, s. 56.
2. These words were inserted by Bom. 62 of 1947, s. 13.
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. These words were substituted for the word and figures “section 102” by Bom. 20 of 1939, s.
10.
6. Section 117B was inserted by Bom. 4 of 1913, s. 56.
7. This Chapter was inserted by Bom. 20 of 1939, s. 11.
8. These words were substituted for the words “a taluka or part of a taluka” by Bom. 28 of 1956,
s. 4(1).
Division of survey
numbers into
Sub-divisions.
Bom. LXII of
1947.
Provisions applicable
on relinquishment or
forfeiture of a sub-
division.
Bom. LXII of
1947.
Interpretation section.
Settlement
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 51
1[(1A )“zone” means a local area comprising a taluka or a group of talukas or
portions thereof of one or more districts, which in the opinion of the State Government
or an officer authorised by it in this behalf, is contiguous and homogeneous in respect
of—
(i) physical configuration,
(ii) climate and rainfall,
(iii) principal crops grown in the area, and
(iv) soil characteristics.]
(2) “Term of a settlement” means the period for which the 2[State] Government
has declared, that a settlement shall remain in force.
(3)“Group” means all lands in 3[a zone, which in the opinion of the State Government
or an officer authorised by it in this behalf, ] are sufficiently homogeneous in respect of the
factors enumerated in sub-section (2) of section 117G to admit of the application to them
of the same standard rates for the purpose of assessment of land revenue.
(4) “Classification value’’ means the relative valuation of land as recorded in the
survey records having regard to its soil, water and other advantages.
(5)”Standard rate” means, with reference to any particular class of land in a group
4[the value of one sixteenth of the average yield of crops] per acre on land in that
class of sixteen annas classification value.
(6) “Class of land “ means any of the following classes of land, namely, dry crop,
rice or garden land.
(7) “Rental value” means the consideration (including premia, if any, or any sum
of money paid or promised, or a share of crops, 5 * * or any other thing of value
rendered periodically or on specified occasions) for which land is or could be leased
for a period of one year for its most advantageous use.
(8) “Prescribed means prescribed by rules made under section 214.
117D. (1)The 2 [State] Government may at any time direct a settlement, hereinafter
referred to as an original settlement, of the land revenue of any land of which a revenue
survey has been made under section 95 6[or not].
(2) The 2[State] Government may also direct at any time a fresh settlement.
hereinafter referred to as a revision settlement, of the land revenue of such land:
1. Clause (1A) was inserted by Bom. 28 of 1956, s. 4(2).
2. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3. These words were substituted for the words “a taluka or part of a taluka which, in the opinion
of the State Government” by Bom. 28 of 1956, s. 4(3).
4. These words were substituted for the words “the normal assessment” ibid., s.4(4),
5. The words “or service” were deleted, ibid., s, 4(5).
6. These words were inserted, ibid., s. 5(1).
7. These words were substituted for the words “lands comprised in a revenue survey,” ibid., s.
5(2).
Term of settlement.
Group.
Classification value.
Standard rate.
Class of land.
Rental value.
Prescribed.
Government may
direct an original or
revision settlement of
land revenue of 7[any
lands].
52 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
Provided that no enhancement of assessment shall take effect before the expiration
of the settlement for the time being in force.
117E. A settlement shall remain in force for a period of 30 years :
Provided that in the case of any particular settlement, the 1[State] Government
may, for reasons to be recorded, direct that the settlement shall remain in force for
any period less than 30 years :
Provided further that, when in the opinion of the 1[State] Government a revision
settlement is inexpedient, or when the introduction of such settlement has, for any
cause, been delayed, the 1[State] Government may extend the term of the settlement
or the time being in force for such period as it may think fit.
117F. [Limits of enhancement of assessment.] Deleted by Bom. XXVIII of 1956,
s. 6.
117G. (1) The land revenue assessment on all lands in respect of which a
settlement has been directed under sub-section (1) or sub-section (2) of section 117D
and which are not wholly exempt from the payment of land revenue shall, subject
to the limitations contained in 2[the first proviso to sub-section (1) of] section 52;
be determined by dividing the lands to be settled into groups and fixing the standard
rates for each group;
3[* * * * *]
4[(2) The groups shall ordinarily be formed on a consideration of the following
factors—
(i) physical configuration,
(ii) climate and rainfall,
(iii) prices, and
(iv) yield of principal crops :
Provided that if deemed necessary, the following factors may also be taken into
consideration in forming the groups, namely :—
(a) markets,
(b) communications,
(c) standard of husbandry,
(d) population and supply of labour,
(e) agricultural resources,
(f) variations in the area of occupied and cultivated lands during the
last 30 years,
(g) wages,
(h) ordinary expenses of cultivating principal crops, including the
wages of the cultivator for his labour in cultivating the land,
(i) sales of lands used for the purpose of agriculture. ]
1. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2. These words, brackets and figure were substituted for the words “the proviso to” by Bom. 28 of
1956, s. 7 (1).
3. Proviso to sub-section (1) was deleted, ibid., s. 7 (2).
4. Sub-section (2) was substituted for the original, ibid., s. 7(3).
The term of settlement.
Assessment how
determined.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 53
(3) The land revenue assessment of individual survey numbers and sub-divisions
shall be based on their classification value in the manner prescribed.
117H. If during 30 years immediately preceding the date on which the settlement
for the time being in force expires any improvements have been effected in any land
by or at the expense of the holder thereof, the increase 1[in the average yield of crops]
of such land due to the said improvements shall not be taken into account in fixing
the revised assessment thereof.
117I. In making a settlement the Settlement Officer shall proceed as
follows :—
(1) He shall hold enquiry in the manner prescribed by rules made under
this Act.
(2) He shall divide the lands to be settled into groups.
(3) He shall ascertain in the prescribed manner the 3[average yield of
crops] of lands for the purposes of the settlement.
(4) He shall then fix standard rates for each class of land in each group
on a consideration of 4[the relevant factors as provided] in sub-section (2) of section
117G.
(5) He shall submit to the Collector a report, hereinafter called the
settlement report, containing his proposals for the settlement.
117J. (1) After the settlement report has been submitted to the Collector, the
Collector shall cause such report to be published in the prescribed manner.
(2) There shall also be published in each village concerned in the regional language
of such village a notice stating for each class of land in the village the existing standard
rate and the extent of any increase or decrease proposed therein by the Settlement
Officer. The notice shall also state that any person may submit to the Collector his
objections in writing to the proposals contained in the settlement report within three
months form the date of such notice.
117K. After taking into consideration such objections as may have been
received by him, the Collector shall forward to the 5[State] Government, through
such officers as the 5[State] Government may direct, the settlement report with his
remarks thereon.
1. These words were substituted for the words “in the rental value” by Bom. 28 of 1956, s. 8(1).
2. These words were substituted for the word “value’, ibid., s. 8 (2).
3. These words were substituted for the words “rental value’, ibid., s. 9(1).
4. These words were substituted for the words “all the factors mentioned”, ibid., s. 9(2).
5. This word was substituted for the word “Provincial”by the Adaptation of Laws Order, 1950.
Increase in 2 [average
yield] due to
improvements and at
the expense of holders
not to be taken into
account.
Settlement Officer
how to proceed for
making a settlement.
Settlement report to be
printed and published.
Submission to
Government of
settlement report
with statement of
objections etc. and
Collector’s opinion,
thereon.
54 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
117KK. Any person aggrieved by the report published by the Collector under
section 117J may within two months from the date of notice under sub-section (2) of
section 117J apply to the 1[State] Government for reference to the 2[Gujarat Revenue
Tribunal constituted under the Bombay Revenue Tribunal Act, 1957]. On such person
depositing such amount of costs as may be prescribed, the 1[State] Government shall
direct the report to be sent to the Revenue Tribunal for enquiry. The Revenue Tribunal
after making an enquiry in the manner prescribed shall submit its own opinion on
the objections raised and on such other matters as may be referred to it by the 1[State]
Government. The 1[State] Government may make rules for the refund of the whole
or any portion of the costs in such cases as it deems fit.
117L. (1) The settlement report together with the objections, if any, received
thereon and the opinion of the Revenue Tribunal on a reference, if any, made to it
under section 117KK shall be laid on the table of 3 [* * *] the 1[State] Legislature
and a copy thereof shall be sent to every member 4[thereof]. The said report shall be
liable to be discussed by a resolution moved in 3[* * *] the 1[State] Legislature
at its next following session.
(2) After the termination of such session the 1[State] Government may pass such
orders as it may deem fit :
Provided that no increase in the standard rates proposed in the settlement report
shall be made unless a fresh notice as provided in section 117J has been published in
each village affected by such rates and objections received, if any, have been considered
by the 1[State] Government. The provisions of sub-section (1) shall, so far as may be,
apply to orders to be passed regarding such increase.
(3) The orders passed by the 1[State] Government under sub-section (2) shall be
final and shall not be called in question in any Court.
6[117M. (1) Notwithstanding anything contained in this Chapter, it shall be lawful
for the State Government in any year, after the expiry of every ten years from the date
on which the settlement was introduced under section 117O, to enhance or reduce the
assessment on lands in any zone, by placing a surcharge, or granting a rebate, on the
assessment by reference to the alteration of the prices of the pricipal crops in such
zone.
(2) For the purpose of sub-section (1), the prices of principal crops shall be
recorded and published in the Official Gazette.
(3) The surcharge shall be levied or the rebate shall be granted under sub-section
(1) according to the scale prescribed by rules made in this behalf.]
117N. (1) The 1[State] Government may at the time of passing orders under
sub-section (2) of section 117L exempt any land from assessment under this Chapter
for any advantage or specified kind of advantage accruing to it from water.
1. This word was substituted for the word “Provincial”by the Adaptation of Laws Order,
1950.
2. These words and figures were substituted for the words beginning with the words “Bombay
Revenue Tribunal” and ending with figures “1939” by the Gujarat Adaptation of Laws (State and Concur-
rent Subjects) Order, 1960.
3. The words “each House of “ were deleted, ibid,
4. These words were substituted for the words “of each such House”, ibid.
5. These words were substituted for the words “of each House”, ibid.
6. Section 117M was substituted for the original by Bom. 28 of 1956, s. 10.
Reference to Revenue
Tribunal.
Bom. XXXI
of 1958.
Settlement report to
be laid on table of
Legislature and copies
to be supplied to the
members 5[thereof].
Orders on the
Settlement Report.
P o w e r o f S t a t e
Government to place
surcharge or grant
rebate after every ten
years.
Power to Government
to exempt from
assessment for water
advantages.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 55
(2) The 1[State] Government may at any time during the term of the settlement,
after publishing a notice in the village concerned in the regional language of such
village and after the expiry of a period of six months from the date of the publication
of such notice, withdraw any exemption granted by it under sub-section (1) and direct
that such land shall be assessed for such advantage.
117O. After the 1[State] Govaernment has passed orders under section 117L and
notice of the same has been given in the prescribed manner the settlement shall be
deemed to have been introduced and the land revenue according to such settlement
shall be levied from such date as the 1[State] Government may direct :
Provided that in the year in course of which a survey settlement, whether original
or revised, may be introduced under this section, the difference between the old and
new the assessment of all lands on which the latter may be in excess of the former shall
be remitted and the revised assessment shall be levied only from the next following year
:
Provided further that in the year next following that in which any original or revised
survey settlement has been introduced any occupant who may be dissatisfied with
the increased rate imposed by such new assessment on any of the survey numbers or
sub-divisions of survey numbers held by him shall, on relinquishing such number
or sub-division in the manner prescribed by section 74 on or before the 31st March,
receive a remission of the increase so imposed.
117P. Nothing in this Chapter shall be deemed to prevent the Settlement Officer
from determining and registering the proper full assessment on lands wholly exempt
from the payment of land revenue.
117Q. Notwithstanding anything contained in this Chapter the 1[State] Govern-
ment may direct at the time of passing orders under sub-section (2) of section 117L
that any land in respect of which a settlement is made under this Chapter shall be
liable to be assessed to additional land revenue during the term of the settlement for
additional advantages accruing to it from water received on account of irrigation works
or improvements in existing irrigation works completed after the 1[State] Government
has directed the settlement under section 117D and not effected by or at the expense of
the holder of the land. Such land revenue shall be leviable only when no rate in respect
of such additional advantages is levied under the Bombay Irrigation Act, 1879:
Provided that the 1[State] Government shall, before making such direction, publish
a notice in this behalf in the village concerned in the regional language of such village
and shall consider the objections, if any, received to the proposal contained therein
and no such direction shall be issued until after the expiry of a period of six months
from the date of publication of such notice.
117R. All settlement of land revenue heretofore made and introduced and in force
at the date of the commencement of the Bombay Land Revenue Code (Amendment)
Act, 1939, shall be deemed to have been made and introduced in accordance with the
provisions of this Chapter and shall, notwithstanding anything contained in section
117E, be deemed to continue to remain in force until the introduction of a revision
settlement.]
1. This word was substituted for the word “Provincial”by the Adaptation of Laws Order, 1950.
Introduction of
settlement.
Assessment of lands
wholly exempt from
payment of land
revenue.
Power to Government
to direct assessment for
water advantages.
Bom. VII of
1879.
S e t t l e m e n t m a d e
before this Act to be
deemed to be made
under this Chapter.
Bom. 20 of
1939.
56 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
CHAPTER IX.
THE SETTLEMENT OF BOUNDARIES AND THE CONSTRUCTION AND
MAINTENANCE OF BOUNDARY-MARKS.
118. The boundaries of villages situated in 1[the 2[area to which this Act extends
] shall be fixed, and all disputes relating thereto shall be determined by survey of-
ficers, or by such other officers as may be nominated by 3[the 4[State] Government]
for the purpose, who shall be guided by the following rules.
Rule 1.— When the patels and other village officers of any two or more adjoining
villages and, in the case of an alienated village the holder thereof or his duly constituted
agent, shall voluntarily agree to any given line of boundary as the boundary common
to their respective villages, the officer determining the boundary shall require the said
parties to execute and agreement to that effect, and shall then mark off the boundary
in the manner agreed upon. And any village boundary fixed in this manner shall be
held to be finally settled, unless it shall appear to the said officer that the agreement
has been obtained by fraud, intimidation, or any other illegal means.
Rule 2.— If the Patels and other villge officers, and, in the case of an
alienated village, the holder thereof or his duly constituted agent, do not agree to fix
the boundaries of their respective villages, in the manner prescribed in the preceding
rule, or if it shall appear to the said officer that the agreement has been obtained by
fraud, intimidation, or any other illegal means, or if there be any pending dispute,
the said officer shall make, a survey and plan of the ground in dispute, exhibiting
the land claimed by the contending parties, and all particulars relating thereto, and
shall hold a formal inquiry into the claims of the said parties, and thereafter make an
award in the case. If either of the villages concerned be alienated, an award made by
a survey officer shall, unless the officer making it be the Superintendent of Survey, be
subject to his confirmation and an award made by any other officer shall be subject
to confirmation by such other officer as 3[the 4[State] Government] may nominate for
the purpose.
119. If at the time of a survey, the boundary of a field or holding be undisputed,
and its correctness be affirmed by the village officers then present, it may be laid
down as pointed out by the holder or person in occupation, and, if disputed, or if the
said holder or person in occupation be not present, it shall be fixed by the survey
officer according to the 5[land records] and according to occupation as ascertained
from the village officers and the holders of adjoining lands, or on such other evidence
or information as the survey officer may be able to procure.
If any dispute arise concerning the boundary of a field or holding which has not
been surveyed, or if at any time 6[after the completion of a survey] a dispute arise
concerning the boundary of any survey number 7[or sub-division of survey number],
it shall be determined by the Collector, who shall be guided 8[ by the land records]
if they afford satisfactory evidence of the boundary previously fixed, and if not, by
such other evidence as he may be able to procure.
1. These words were substituted for the words “British Territory”, by the Adaptation of Laws order,
1950.
2. These words were substituted for the words “territory of the State” by the Bombay Adaptation
of Laws (State and Concurrent Subjects) Order, 1956.
3. The words “the Provincial Government” were substituted for the word “Government” by the Adapta-
tion of Indian laws Order in Council.
4. This word was substituted for the word “Provincial” by the Adaptation of laws Order, 1950.
5. These words were substituted for the words “village records” by Bom. 4 of 1913 s. 57
6. These words were substituted for the words “after the survey records have been handed over to
the Collector”, ibid.
7. These words were inserted, ibid.
8. These words were substituted for the words “in the case of survey numbers by the survey records”, ibid.
D e t e r m i n a t i o n o f
village boundaries.
Village boundaries
may be sett led by
agreement.
Procedure in case
of disagreement or
dispute.
Determination of field
bounderies.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 57
120. If the serveral parties concerned in a boundary dispute agree to submit the
settlement thereof to an arbitration committee, and make application to that effect
in writing, the officer whose duty it would otherwise be to determine the boundary
shall require the said parties, to nominate a committee of not less than three persons,
within a specified time, and if within a period to be fixed by the said officer the
committee so nominated or a majority of the members thereof arrive at a decision,
such decision, when confined by the said officer, or if the said officer be a Survey
officer lower in rank than a Superintendent of Survey, by the Superintendent of
Survey, shall be final :
Provided that the said officer, or the Superintendent of Survey shall have
power, to remit the award, or any of the matters referred to arbitration, to the
reconsideration of the same committee, for any of the causes set forth in 1[section 16
of the Arbitration Act, 1940].
If the committee appointed in the manner aforesaid fail to effect a settlement of
the dispute within the time specified, it shall be the duty of the officer aforesaid,
unless he or, if the said officer is a survey officer lower in rank than a Superintendent
of Survey, the Superintendent of Survey see fit to extent the time, to settle the same
as otherwise provided in this Act.
121. 2[(1)] The settlement of a boundary under any of the foregoing provisions
of this chapter shall be determinative—
(a) of the proper position of the boundary line or boundary marks, and
(b) of the rights of the landholders on either side of the boundary fixed in
respect of the land adjudged to appertain, or not to appertain, to their respective
holdings.
3[(2) Where a boundary has been so fixed, the Collector may at any time
summarily evict any landholder who is wrongfully in possession of any land which
has been adjudged in the settlement of boundary not to appertain to his holding or to
the holding of any person through or under whom he claims.]
122. It shall be lawful for any survey officer, authorised by a Superintendent
of Survey or Settlement Officer, to 4[specify or cause to be constructed, laid out,
maintained or repaired ] boundary marks of villages of survey numbers 5[ or sub-
divisions of survey numbers ] whether cultivated or uncultivated, and to assess all
charges incurred thereby on the holders or others having an interest therein.
Such officer may require landholders to construct, 6[ lay out, maintain] or repair
their boundary-marks, by a notification which shall be posted in the chavdi or other
public place in the village, to which the lands under survey belong directing the
holders of survey numbers 7[or sub-divisions] to construct, 6[lay out, maintain] or
repair, within a specified time, the boundary-marks of their respective survey numbers
7[or sub-divisions] and on their failure to comply with the requisition so made, the
survey officer shall then construct, 6[lay out] or repair them and assess all charges
incurred thereby as hereinbefore provided.
1. These words and figures were substituted for the words and figures “Paragraph 14 of the Second
Schedule to the Code of Civil Procedure 1908” by Guj. 35 of 1965, s. 9.
2. Section 121 was numbered as sub-section (1) of that section by Bom. 4 of 1913.
3. Sub-section (2) was added, ibid., s. 59.
4. These words were substituted for the words “caused to be constructed or repaired “ by s. 14(1) of
the Bombay Land Revenue Code (Amendmemt) Act, 1901 (Bom. 6 of 1901).
5. These words were inserted by s. 60 (a) of the Bombay Land Revenue (Amendment) Act, 1913.
(Bom. 4 of 1913) s. 60 (a).
6. These words were inserted by Bom. 6 of 1901, s. 14 (2).
7. These words were inserted by Bom. 4 of 1913, s. 60 (a).
Settlement of boundary
disputes by arbitration.
When award may
be remitted for
reconsideration.
If arbitration fail,
survey officer to
settle dispute.
Effect of the
settlement of a
boundary.
Construction and
repair of boundary
marks of survey
numbers and villages.
Requisition on
landholders to erect
or repair boundary
marks.
H-2052—8
58 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
A general notification, issued in the manner aforesaid, shall be held to be good and
sufficient notice to each and every person having any interest in any survey numbers
1[or sub-divisions] within the limits of the lands to which the survey extends.
2[ The boundary marks shall be of such description, and shall be constructed,
laid out, maintained or repaired in such manner and shall be of such dimensions and
materials as may, subject to rules 3[* *] made in this behalf, under section 214, be
determined by the Superintendent of Survey, according to the requirement of soil and
climate.]
123. Every land holder shall be responsible for the maintenance and good repair
of the boundary marks of his holding, and for any charges reasonably incurred on
account of the same by the revenue officers in cases of alteration, removal, or disrepair.
It shall be the duty of the village officers and servants to prevent the destructions or
unauthorised alteration of the village boundary-marks.
124. When the survey settlement shall bave been introduced into a district,the
charge of the boundary marks, shall devolve on the collector and it shall be his duty
to take measures for their 4[construction laying out], maintenance and repair, and for
this purpose the powers conferred on survey officers by section 122 shall vest in him.
125. Any person convicted after a summary inquiry before the Collector or, before
a survey officer, Mamlatdar, or Mahalkari, of wilfully erasing, removing or injuring
a boundary marks, shall be liable to a fine not exceeding fifty rupees for each mark
so erased, removed or injured.
One-half of every fine imposed under this section may be awarded by the officer
imposing it to the informer, if any, and the other half shall be chargeable with the cost
of restoring the mark.
5[Chapter IX-A
OF LANDS WITHIN TRANSITIONAL AREAS
125A. In this chapter, unless there is anything repugnant to the subject or context –
(1) “Lands in transitional area” means the lands in village, town or the city area
described in sub-section (1) of section 125B and as determined and fixed by the Col-
lector under sub-section (2) of section 125B and such others;
(2) “Certificate of claim” means the certificate issued by the authorised revenue
officer for effecting entry in the Register of Mutations during the relevant period and
reflecting Government dues, if any, payable by the claimant;
(3) “Certificate of No Dues” means the certificate issued by the authorised rev-
enue officer reflecting the full payment of compounding fee, supplemental revenue
settlement fee, and all government dues, including premium etc, as the case may be,
for the purpose of reporting of acquisition of right under section 135C;
1. These words were inserted by Bom. 4 of 1913, s. 60 (a).
2. This paragraph was substituted by Bom. 6 of 1901, s. 14 (3).
3. The words “or orders” were repealed by Bom. 4 of 1913 s. 60 (b).
4. These words were inserted by Bom. 6 of 1901, s. 15.
5. Chapter IX-A was inserted by Guj. 23 of 2017, s.3.
A general notification
to be good and
sufficient notice of
requisition.
Description of
boundary-marks.
Responsibility for
the maintenance of
boundary marks.
Collector to have charge
of boundarymarks
after introduction of
the survey settlement.
Penalty for injuring
boundary marks.
Interpretation
section.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 59
(4) “Claimant” means a person who claims to be in actual and peaceable pos-
session of the private land situated in the transitional area during the relevant period;
(5) “Compounding Fee” means the consolidated sum of money to be paid by
the claimant, prior to determination of claim under sub-section (3) of section 125K
for securing of specified proceedings under the provisions of Acts mentioned in sub-
section (1) of section 125F as specified by the State Government by notification in
the Official Gazette;
(6) “Government dues” means such amount of money that would have become pay-
able to Government by the claimant in respect of violation of the provisions of laws
or otherwise mentioned in sub-section (1) of section 125F except the compounding
fees and includes such amounts as are payable under section 148,and section 73B in
respect of his land;
(7) “prescribed” means prescribed by rules made by the State Government;
(8) “Relevant period” means such period as the prescribed by the Government after
the date of coming into force of the amending Act of 2017.
(9) “Supplemental Revenue Settlement” means the supplemental revenue settlement
conducted under this chapter in order to determine and to bring on record, the cur-
rent status of lands in transitional area that constitutes a portion of or an adjunct to
a village, town or city area or any other by compounding violations of revenue laws
mentioned in section 125F on payment of compounding fees, an amount of premium
and all other Government dues;
(10) “Supplemental Revenue Settlement fee” means the supplemental revenue settle-
ment fee as may be prescribed by the State Government;
(11) “State” means the State of Gujarat.
125B. (1) Where the State Government is of the opinion that, -
(a) due to the developments taking place in the State, there has come into
existence certain areas, where areas have enlarged beyond either the village defined
in section 118 or town or city defined in section 126 or combination of both and other
areas;
(b) entirely new or otherwise hybrid areas comprised of the admixture of
rural, semi urban or urban areas have come into existence with or without the viola-
tion of the terms and conditions or the restrictions provided for in the Gujarat Land
Revenue Code, 1879 and other revenue laws leading to creation of inchoate rights,
titles and interests over the lands resulting in the Register of Mutations and the Record
of Rights not showing the actual status of the holding of lands, etc.
(2) The State Government may, by general or special order, direct the Collec-
tor of the concerned district to determine what lands from those included in the site
of village, town or the city and others be included in the transitional area and fix the
limits of the same. It shall be lawful for the Collector, when so directed by the State
Government to determine the same.
Guj.23 of 2017.
Limits of
village sites
of towns and
cities and
transitional
areas how to
be fixed.
Bom. V of 1879.
60 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
(3) The Collector shall send a report of the determination and fixation of the limits of
such transitional area made by him under sub-section (2), to the State Government
for approval.
125C. Notwithstanding anything contained in this Act, but subject to the provisions
of this Chapter, whenever it may seem expedient, the State Government may direct
supplemental revenue settlement in respect of whole or any part of the transitional area
determined and fixed by the Collector under section 125B, of any land other than the
lands described in section 125F, with a view to the settlement of the land revenue and
to the record and preservation of the rights connected therewith, or any other similar
purpose.
125D. The State Government may, on receipt of report under section 125B, appoint,
by notification in Official Gazette, authorise such number of revenue officers and for
such areas as it may deem necessary, to carry out supplemental revenue settlement
for the respective areas.
125E. The revenue officer authorised under section 125D shall follow the summary
process of supplemental revenue settlement in respect of the lands in the transitional
area in accordance with sections 125G to 125L.
125F. (1) Where the land for which the prior sanction of the Collector under fol-
lowing Acts was required, but has not been taken and unauthorised development or
violations have taken place, it shall be lawful for the State Government to levy Com-
pounding Fee except amount of premium and other Government dues as would have
been leviable for breach of condition or provisions, as the case may be, of following
Acts -
(i) sections 65 and 68 of the Gujarat Land Revenue Code, 1879;
(ii) section 43 of the Gujarat Tenancy and Agricultural Lands Act, 1948;
(iii) section 57 of the Gujarat Tenancy and Agricultural Lands (Vidarbh
Region and Kutch Area) Act, 1958;
(iv) leviable and chargeable stamp duty under provision of the Gujarat Stamp
Act, 1958;
(v) sections 7, 8 and 31 of the Gujarat Prevention of Fragmentation and
Consolidation of Holdings Act, 1947;
(vi) any other section under various revenue laws as may be specified by
the State Government by notification in the Official Gazette.
(2) The lands falling in the following categories shall not be subjected to sup-
plemental revenue settlement, namely:-
(a) all un-alienated government lands;
(b) the lands belonging to the local authority or the statutory authority;
(c) the lands of tribals under section 73AA of the Gujarat Land Revenue
Code, 1879;
Introduction of
Supplemental
Revenue Settle-
ment.
Appointment of
Revenue Officers
Process to be fol-
lowed for Supple-
mental Revenue
Settlement.
Of compounding
fee for violations
and Exclusions
from Supplemen-
tal Revenue Settle-
ment
Bom. V of
1879.
Bom. 67 of
1948.
Bom. 99 of
1958
Bom. 62 of
1958.
Bom. 62 of
1947.
Bom. V of
1879
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 61
(d) the lands fixed or reserved under the town planning schemes under the
Gujarat Town Planning and Urban Development Act, 1976;
(e) the lands allotted under Saurashtra Bhudan Yagna Act, 1953;
(f) lands allotted on new and impartible tenure basis acquired under the
provisions of Gujarat Agricultural Land Ceiling Act, 1960; and
(g) water ways and water bodies, lakes, river beds and natural drainage system.
(h) open private lands including lands which are of open agricultural use and
lands used for open non agricultural purpose in accordance with section 65 and items
below Para II of clause (b) of sub-section (1) of section 65B.
(i) any other land as may be specified by the State Government by notification
in the Official Gazette.
125G. For the purpose of conducting supplemental revenue settlement, the revenue
officer shall issue a public notice calling upon the claimants to make an application
in such manner and within such period as may be prescribed.
125H.(1) The claimant shall submit, along with his application for the purpose of his
possession during the relevant period, any one or more of the following documents,
namely:-
(i) sale deed;
(ii) sale agreement;
(iii) agreement to sale;
(iv) any document evidencing possession.
(2) The claimant shall, for the purpose of his identity, submit along with his applica-
tion, any one or more of the following documents, namely:-
(i) PAN Card;
(ii) Aadhar Card;
(iii) Passport;
(iv) Driving License;
(v) Voter ID Card.
(3) If any person does not apply under section 125H, it shall be open for the authorised
revenue officer to conduct supplemental revenue survey in respect of such land and in
accordance with the provisions of sections 125I to 125L and possession of such person
shall be subject to payment up to four times the supplemental revenue settlement fee
or, as the case may be, the compounding fee.
President’s Act
No. 27 of 1976.
Sau. 34 of 1953.
Guj. XXVI of
1961.
Public notice
by revenue
officer.
Application by
claimant.
62 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
125I. (1) The authorised revenue officer shall serve or cause to be served a notice
to the claimants in writing in the manner as may be prescribed, with regard to the
claim of possession made by the claimant.
(2) After issuance of notice under sub-section (1), the authorised revenue officer shall
follow the procedure prescribed in sections 96 and 97, mutatis mutandis.
(3) The burden of proving possession during the relevant period shall lie on the
claimant.
125J.(1) The authorised revenue officer shall, after receiving the application under
section 125H, issue a notice in such form as may be prescribed, inviting thereby, ob-
jections from any person within a period of one month from the date of such notice
with regard to the claim of possession by the claimant during the relevant period.
125K.(1) In case where no objections are received pursuant to the notice under section
125J, the authorised revenue officer shall consider the genuineness of the claim and
after affording an opportunity of being heard to the claimant, may grant the applica-
tion of the claimant, unless contrary is proved.
(2) In case where the objections have been received pursuant to the notice under
section 125J, the authorised revenue officer shall consider the same and after giving
an opportunity of being heard to all concerned and considering the claims made by
them, may either grant the application of the claimant or reject the same.
(3) In case where the claimant’s application is not rejected under sub-section (2)
and the authorised revenue officer is satisfied about the genuineness of the claim of
the claimant for possession during the relevant period, he shall issue a notice to the
claimant directing him to make payment of such supplemental revenue settlement
fees or, as the case may be, the compounding fees, and amount of premium and other
Government dues, if any, as may be determined by the State Government.
125L.(1) On the receipt of supplemental revenue settlement fee or, as the case may
be, the compounding fee from the claimant the authorized revenue officer shall issue a
certificate of claim reflecting the payment of such compounding fee and supplemental
revenue settlement fee; and indicating amount of premium and other Government dues
payable, if any, for effecting entry in the Register of Mutations during the relevant
period in such format and manner as may be prescribed by the State Government.
(2) The certificate issued by the authorized revenue officer shall be valid up to
90 days. During this period, if the claimant pays the Government dues and premium
etc. as indicated in the certificate, an entry to this effect shall be made in the Register
of Mutations and a Certificate of No Dues shall be issued which shall be valid for
reporting of acquisition of right under section 135C. If the claimant does not make the
payment of the Government dues and premium as indicated within the period of 90
days, the revenue officer shall proceed to make an entry in the Register of Mutations
reflecting a charge of Government dues in the said entry against the claimant.
(3) If at any point thereafter, claimant desires to make payment of Government
dues and discharges the same, the entry of charges is deleted against his claimed oc-
cupancy, he shall apply to the authorized revenue officer in the prescribed manner and
format as may be notified by the State Government from time to time, for issuance
of Certificate of No Dues, which shall be valid for reporting of acquisition of right
under section 135C.
Notice to claim-
ants by authorised
revenue Officer
Notice for inviting
objections by
Revenue Officer.
Decision of Author-
ised Revenue Officer
and Determination
of Supplemental
Revenue Settlement
Fee.
Issue of certificate
of claim by
authorised revenue
officer.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 63
125M. (1) Any person being aggrieved by an order of the Revenue Officer passed
under sub-section (1) or sub-section (2) of section 125K may prefer an appeal before
such Appellate Officer, within a period of six months from the date of such order.
Provided that if the Appellate Officer is satisfied that such person was prevented
from preferring an appeal within the prescribed time limit for sufficient cause, he may
entertain the appeal even after such prescribed time limit but not exceeding further
six months from the date of the order.
(2) The State Government may appoint, by notification in the Official Gazette,
as many officers of such rank as Appellate Officers for different areas as it may deem
necessary.
(3) The Appellate Officer shall, after affording an opportunity of being heard to
such person, may confirm, revise or dismiss the order against which appeal is preferred.
125N.(1) The State Government or such revenue officer authorised by the State Gov-
ernment may call for and examine the record of any proceedings of any authorised
revenue officer for the purpose of satisfying itself or himself, as the case may be, as
to the legality or propriety of any decision or order passed, and as to the regularity of
the proceedings of such officer. If in any case, it shall appear to the State Government,
or to such Officer that any decision or order or proceedings so called for contains any
infirmity, it or he may remand the matter to such authorised revenue officer to conduct
the proceedings afresh.
125-O. No Civil Court shall have any jurisdiction to deal with or decide any question
touching the issue of certificate by the authorised revenue officer under section 125L
or any entry in the Register of Mutations and no injunction shall be granted by any
Civil Court in respect of any action taken or to be taken in pursuance of such power
under this Chapter.
125P.No suit or other legal proceedings shall lie against the State Government or any
officer of the State Government in respect of anything which is in good faith done or
intended to be done by or under this Chapter.
125Q. The Collector and the authorised revenue officers subordinate to him shall be
subject to the control and superintendence of the Settlement Commissioner, subject
to the overall administrative control of the State Government.
125R. For carrying out the purposes of this chapter, the Settlement Commissioner
shall prescribe various registers, forms, formats etc.
125S. The State Government may, on being satisfied that the supplemental revenue
settlement in whole or part of the transitional area is substantially complete, it may
direct the Collector to take such action, in respect of such area, under section 118 or,
as the case may be, section 126, as it may deem necessary.
125T. Notwithstanding anything contained in any other State Act, the provisions
of this Chapter shall have overriding effect.
Appeal
Revision
Bar of jurisdiction
of civil courts.
Indemnity.
Superintendence
and Control of
the Settlement
Commissioner
over Collectors
and other Revenue
Officers
Power of
Settlement
Commissioner to
prescribe registers,
forms etc.
Direction to
Collector.
Chapter IX-A to
have overriding
effect.
64 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
125U. (1) If any difficulty arises in giving effect to the provisions of the
amending Act of 2017, the State Government may, by order published
in the Official Gazette, make such provisions not inconsistent with the
provisions of this Act as may appear to it to be necessary or expedient
for removing the difficulty:
Provided that no such order shall be made under this section after
the expiry of three years from the commencement of the amending Act
of 2017
(2) No order made under sub-section (1) shall be questioned in any
Court of law on the ground that no difficulty, as referred to in the said
sub-section, existed.
(3) Every order made under this section shall be laid as soon as may
be, after it is made, before the State Legislature.”.
CHAPTER X.
OF LANDS WITHIN THE SITES OF VILLAGES, TOWNS AND
CITIES
126. It shall be Lawful for the Collector or for a survey officer, act-
ing under the general or special orders of 1[the 2[State] Government], to
determine what lands are included within the site of any village, town,
or city, and to fix, and from time to time to vary the limits of the same,
respect being had to all subsisting rights of landholders.
127. Act XI of 1852 and Bombay Acts II and VII of 1863 shall be
deemed to be applicable, and to have always been applicable, in the
territories to which they respectively extend, to all lands within the
limits of the site of any town or city in which an inquiry into titles has
been made under the provisions of Bombay Act IV of 1868, 3which
have been hitherto ordinarily used for agricultural purposes only; but
the provisions of the said Acts shall not be deemed applicable to any
other lands within the limits of the site of any such town or city.
1. The words “the Provincal Government” were substituted for the word
“Government” by the Adaptation of Indian Laws Order in Council.
2. This word was substitued for the word “Provincial” by the Adaptation of
Laws Order,1960.
3. Bom. 4 of 1868 is repealed by section 2 of this Act, which has been repealed
by Bom. 4 of 1913, s. 5.
Power to remove
difficulties.
Limits of sites of
villages, towns and
cities how to be fixed.
Act XI of 1852 and
Bombay Acts II and
VII of 1863 how far
applicable to lands in
such sites.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 65
128. 1[(1)] The existing exemption from payment of land revenue of lands other than
lands which have hitherto been ordinarily used for purposes of agriculture only, situ-
ate within the sites of towns and cities in which an inquiry, into titles has been made
under the provisions of Bombay Act IV of 18682 shall be continued—
First—if such lands are situated in any town or city where there has been in
former years a survey which 3[the 4[State] Government] recognize for the purpose of
this section, and are shown in the maps or other records of such survey as being held
wholly or partially exempt from the payment of land revenue;
Second—if such lands have been held wholly or partially exempt from the payment of
land revenue for a period of not less than five years before the application of Bombay
Act I of 18655, or IV of 18682 to such town or city;
Third—if such lands, for whatever period held, have been held wholly or partially
exempt from payment of land revenue under a deed of grant or of confirmation
issued by an officer whom 3[the 4[State] Government] recognize as having been
competent to issue such deed.
6[(2) The existing exemption from payment of land revenue continued under
sub-section (1) in respect of lands specified in that sub-section shall with effect on
and from 1st August, 1981 stand discontinued.]
129. 7[(1)] Claims to exemption 8[under sub-section (1) of section 128] shall be
determined by the Collector after a summary inquiry, and his decision shall be final.
7[(2) Any suit instituted in a Civil Court to set aside any order passed by the
Collector under sub-section(1), in respect of any land situate within the site of a
village, town or city, shall be dismissed (although limitation has not been set up as a
defence) if it has not been insituted within one year from the date of the order.]
130. In towns and cities to which 9[Sub- section (1) of section 128 ] applies, the
sub-section (1) holders of anylands other than lands which have hitherto been used for
purposes of agriculture only, which have been unauthorizedly occupied for a period
commencing less than two years before Bombay Act I of 18655 or IV of 18682 was
applied to the town or city in which the said lands are situate, shall be liable to pay
10 [a price for the said lands] in addition to the land revenue assessed thereupon. The
said 11[price] shall be determined according to the provisions of section 62.
1. Section 128 was renumbered as sub-section (1) of that section by Guj. 24 of 1981, s.2.
2. Bom. 4 of 1868 is repealed by section 2 of this Act, which has been repealed by Bom. 4 of
1913, s. 5.
3. The word “the Provincial Government” were substituted for the word “Government by the
Adaptation of Indian Laws Order in Council.
4. This word was substitued for the word “Provincial” by the Adaptation of Laws Order,1960.
5. Bom. Act 1 of 1865 (except ss. 37 and 38) is repealed by section 2 of this Act, which has been
repealed by Bom.4 of 1913, s.5.
6. Sub-section (2) was added by Guj. 24 of 1981, s.2.
7. Section 129 was numbered as sub-section (1) of that section and sub-section (2) was added by
Bom. 11 of 1912, s.2.
8. These words, brockets and figures were substituted for the worsds “under the last preceding
section” by Guj. 24 of 1981, s..3.
9. These words, brackets and figures were substituted for the word and figures “section 128” by
Guj. 24 of 1981, s. 4.
10. These words were substituted for the words “the price of the occupancy of the said land” by
Bom. 11 of 1912, s. 61.
11. This word was substituted for the words “occupancy price”, ibid.
Existing exemption
when to be continued
in case of certain lands
in towns and cities in
which Bombay Act IV
of 1868 has been in
operation.
Right to exemption to
be determined by the
Collector.
Occupancy price
payable, in addition to
assessment in certain
cases.
H-2052—9
66 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
131. If the 1[ 2[State] Government] shall at any time deem it expedient to direct
a survey of the lands other than those used ordinarily for the purposes of agriculture
only within the site of any village, town, or city under the provisions of section 95,
or a fresh survey thereof under the provisions of section 106, such survey shall be
conducted, and all its operations shall be regulated, according to the provisions of
Chapters, VIII and IX of this Act:
Provided that nothing contained in section 96,97, 101, 3[*] 104, or 118 thereof shall
be considered applicable to any such survey in any town or city containing more than
two thousand inhabitants:
4[Provided further that it shall be lawful for the State Government to prescribe
the manner and format of the record to be maintained in respect of such survey and
to take cognizance thereof of all revenue record that has been created by virtue of
operation of this section hitherto and to prescribe the nature and format of the Register
of Mutations and the Record of Rights created as an outcome of the survey.]
132. When a survey is extended under the provisions of the last preceding section
to the site of any town or city containing more than two thousand inhabitants, each
holder of a building site shall be liable to the payment of a survey fee to be assessed
by the Collector under such rules as may be prescribed in this behalf from time to time
by 5[the 6[State] Government], 7[provided that the said fee shall in no case exceed
such amount for each building site or any portion thereof held separately as the State
as the state Government may, having regard to the cost ordinarily incurred in such
survey operations, specify in those rules].
The said survey-fee shall be payable within six months from the date of a public
notice to be given in this behalf by the Collector after the completion of the survey
of the site of the town or city, or of such part thereof as the notice shall refer to.
8[* * * * * * *]
133. 9[(1)]Every holder of a building site as aforesaid shall be entitled, after pay-
ment of the said survey-fee, to receive from the Collector without extra charge one
or more sanads, in the form of Schedule H, 10[or to the like effect] specifying by plan
and description the extent and conditions of his holding:
Provided that if such holder do not apply for such sanad or sanads at the time of
payment of the survey fee or thereafter within six months from the date of the public
notice issued by the Collector under the last preceding section, the Collector may
require him to pay an additional fee not exceeding one rupee for each sanad.
Every such sanad shall be executed on behalf of the 11[Government] by such
officer as may from time to time be lawfully empowered to execute the same.
9[(2)The Certificate of No Dues shall be granted by the authorised revenue officer
in a like manner as provided in sub-section (2) and sub- section (3) of section 125L
and in the format as may be prescribed by the State Government.]
12[133A. Every holder of Certificate of No Dues shall be eligible to report his
claim for entry in the Record of Rights as provided under section 135C.]
1. The words “Provincial Government” were subsituted 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 figures “103” were repealed by Bom. 4 of 1913, s. 62.
4. This proviso was added by Guj. 23 of 2017, s.4.
5. the words “the Provincial Governmnet” were substituted for the word “Government” by the
Adaptation of Indian Laws Order in Council.
6. This word was substituted for the words “provincial” by the Adaptation of Laws Order, 1950.
7. These words were substituted for the words “provided that the said fee shall in no case excced
twenty rupees for each building site or any portion there of held separately” by Guj. 25 of 1977, s. 2.
8. The third paragraph was repealed by Bom, 4 of 1913, s. 63(b).
9. This sub-section was renumbered as sub-section (1) and after sub-section (1), sub-section (2)
was added by Guj. 23 of 2017, s.5.
10. These words were inserted by Bom. 4 of 1913, s. 64.
11. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
12. Section 133A was inserted by Guj. 23 of 2017, s.6.
Survey of lands in
such sites how to be
conducted.
Proviso.
In certain cases a
survey-fee to be
charged.
Sanad to be granted
without extra charge.
Proviso.
Claim for entry in
Record of Rights.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 67
134. If any land within the site of any village, town, or city, hitherto ordinarily
used for agricultural purpsoses only, with respect to which a summary settlement has
been made between 1[the 2[Government]] and the holder under the provisions, of any
law for the time being in force, be 3[used for] any other purposes, it shall be liable to
payment of one-eighth or the rate fixed for unalienated land used for similar purposes
in the same locality, in addition to the quit-rent payable under the terms of such sum-
mary settlement.
135. [Limitation of certain suits]. Repealed by Bom. XI of 1912, s. 3.
4[CHAPTER X - A.
OF THE RECORD OF RIGHTS.
135A. The 1[ 2[State] Government] may, by notification in the 5[Official
Gazette],direct that this Chapter, or any specified provisions thereof, shall not be in
force in any specified local area, or with reference to any lands or any class of villages
or lands, or generally.
6[135B. A record of rights shall be maintained in format, either manually or
electronically or in both formats, as may be prescribed for the village or City Survey
Area and shall include the following particulars :-
(a) the names of all persons other than tenants who are holders, occupants, owners
or mortgagees of the land or assigness of rent thereof;
(b) the nature and extent of the respective interests of such persons and the condi-
tions or liabilities if any, attaching thereto;
(c) the rent of reveune, if any, payable by such person;
(d) such other particulars as may be prescribed in this behalf.
(2) The said particulars shall be entered in the record of rights with respect to
perpetual tenancies, and also with respect to tenancies of any other classes to which
the State Government may, by notification in the Official Gazette, direct that the
provisions of this section shall apply in any local area or generally.]
7[135C. Any person acquiring the right on any land by succession, survivorship,
inheritance, partition, purchase, mortagage, gift, 8[lease or Certificate of No Dues
made under sub-section (2) and (3) of section 125L and section 133(2), or otherwise]
any right as holder, occupant,owner, mortagagee, assignee of the rent thereof, shall
make a report of such acquisition of such right, either manually or electronically, to
the designated officer within the period of three months from the date of such acquisi-
tion, and the said designated officer shall at once, give a written acknowledgment of
the receipt of such report to the person making it :
Provided that where the person acquiring the right is a minor, or otherwise dis-
qualified, his guardian or other person, having charge of his property, shall make the
report to the designated officer :
Provided further that any person acquiring a right by virtue of a registered docu-
ment shall be exempted from the obligation to report to the designated officer :
Explanation I.—The rights mentioned above include a mortgage without posses
sion, but do not include an easement or a charge not amounting to a mortagage of the
kind specified in section 100 of the Transfer of Property Act, 1882.
Explanation II.-A person in whose favour a mortgage is discharged or
extinguished, or lease determines, acquires a right within the meaning of this section.]
1. The words “Provincial Government” were substituted for the words “Governor in Council” by
the Adapation of Indian Laws Order in Cuncil.
2. This word was substituted for the word “provincial’ by the Adaptation of Laws Order, 1950.
3. These words were substituted for the words “appropriated to” by Bom. 4 of 1913, s. 65.
4. Chapter X-A was inserted by Bom. 4 of 1913, s. 66.
5. The words “Official Gazette” were substituted for the words “Bombay Government Gazette”
by the Adaptation of Indian Laws Order in Council.
6. Section 135B was substituted by Guj. 7 of 2010, s. 3.
7. Section 135C was substituted, ibid., s. 4.
8. These words were substituted for the words “lease or otherwise” by Guj. 23 of 2017, s.8.
Assessment of lands
hitherto used for
purpose of agricul-
ture only used for
other purposes.
Exemption from
provisions of this
chapter.
Record of rights.
Acquisition of rights to
be reported.
IV of 1882.
68 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
1[135D. (1) (a) The designated office shall enter, manually or electronically by
the automated process, in a register of mutations, every report made to him under
section 135C or any intimation of acquisition or transfer of any right on land made to
him, either manually or electronically under section 135C from the Mamlatdar, or a
court of law.
(b) (i) When a claim or document of right is produced before the designated
office, he shall, through bio-metric ID or any other mode as may be prescribed, verify
the identity and the lawful rights of the transferor and the transferee.
(ii) Upon completion of verification, the necessary entries shall be made
in the register of mutations in the manner as may be prescribed and the notice of the
transaction under section 135D shall be served to the persons interested therein.
(2) Whenever a designated office makes an entry, either manually or electronically
in the register of mutations, he shall at the same time intimate to all persons appearing
from the record of rights or register of mutations to be interested in themutation and to
any other person whom he has reason to believe to be interested therein in the manner
as may be prescribed.
(3) It shall be the duty of the designated officer to enter the particulars of the ob-
jection if any received from any person either manually or electronically, in a register
of disputed cases and to give written acknowledgment of the receipt of such objection
to the person making it in the same manner.
(4) Orders disposing of objections entered in the register of disputed cases shall
be recorded, either manually or electronically, in the register of mutations, after
disposing it within the period as may be prescribed for this purpose and the same may
be intimated to the concerned person having interest in the said mutation.
(5) Where no objection is raised by any person having interest in the transaction,
either manually or electronically, within a period of thirty days, the mutation entry
shall be certified electronically through an automated process or manually, as the case
may be.
(6) The transfer of entries from the register of mutations to the record of rights
shall be effected subject to such rules as may be made by the State Government in
this behalf :
Provided that an entry in the register of mutations shall not be transferred to
the record of right until such entry has been duly certified.
(7) In the event, where the automated process of certification of entries has not
been initiated, the entries in the register of mutations shall be verified and if found
correct or after correction shall be certified in the Mutation Register, within a period
as may be prescribed, by a Revenue Officer not below the rank of a Deputy Mamlatdar,
and the same may be intimated to the concerned person having interest therein.
(8) Where the certitying officer has a reason to believe that such mutation entry
violates or contravenes any of the provisions of the Act or any other Act, he shall not
certify such entry and shall intimate the same with reasons in writing to the person
concerned.
(9) The provisions of this section shall apply in respect of perpetual tenancies
and also in espect of any tenancies mentioned in a notification under sub-section (2)
of section 135B but the provisions of this section shall not apply in respect of other
tenancies, which shall be entered in a register of tenancies, in such manner and under
such procedure as may be prescribed.]
1. Section 135D was substituted by Guj. 7 of 2010, s. 5.
Register of mutations
and register of
disputed cases.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 69
1[135E. (1) Any person whose rights, interests or liabilities are required to be, or
have been entered in any record of register under this Chapter, shall be bound, on the
requisition by any designated officer, engaged in compiling or revising the record of
register, to furnish or produce, either manually or electronically, for his inspection,
within the period as may be prescribed, all such information or document needed for
the correct compilation or revision thereof, as the case may be, within his knowledge
or in his possession or power.
(2) Any designated officer, to whom any information is furnished, or before whom,
any document is produced, either electronically or manually, in accordance with the
requisition under sub-section (1) shall at once, give written acknowledgement thereof,
in the same manner to the person furnishing or producing the same, and shall endorse,
on any such document, a note under his signature, stating the fact of its production
and the date thereof, where the automated process has not been initiated.]
135F. Any person neglecting to make the report required by section 135C, or
furnish the information or produce the documents required by section 135E, within
the prescribed peried shall be liable, at the discretion of the Collecter, to be charged
a fee not exceeding 2[one thousand] five rupees, which shall be leviable as an arrear
of land revenue.
135G. Subject to rules made in this behalf by 3[4[State] Government]—
(a) any revenue officer or village accountant may for the purpose of preparing
or revising any map or plan required for or in connection with any record or register
under this Chapter exercise any of the powers of a survey officer under sections 96
and 97, except the powers of assessing the cost of hired labour under section 97, and
(b) any revenue officer of a rank not lower than that of an Assistant or Deputy
Collector or of a survey officer may assess the cost of the preparetion or revision of
such map or plan and call contingent expenses, including the cost of clerical labour
and supervision, on the lands to which such maps or plan relate, and such costs shall
be recoverable as revenue demand.
135H. (1) The plantiff or applicant in every suit or application as hereinafter
defined relating to land situated in any area to which this Chapter applies shall annex
to the plaint or application a certified copy of any entry in the record of rights, register
of mutations or register of tenancies relevant to such land.
(2) If the plaintiff or applicant fails so to do for any cause which the court or
conciliator deems sufficient, he shall produce such certified copy within a reasonable
time to be fixed by the Court or conciliator, and if such certified copy is not so annexed
or produced the plaint or application shall be rejected, but the rejection thereof shall
not of its own force preclude the presentation of a fresh plaint in respect of the same
cause of action or of a fresh application in respect of the same subject-matter with a
certified copy annexed.
(3) After the disposal of any case in which a certified copy of any such entry has
been recorded, the Court shall communicate to the Collector any error appearing in
such entry and any alteration therein that may be required by reason of the decree or
order, and a copy of such communication shall be kept with the record. The Collector
shall in such case cause the entry to be corrected in accordance with the decree or
decision of the court,so far as it adjudicates upon any right required to be entered
1. Section 135E was substituted by Guj. 7 of 2010, s. 6.
2. These words were substituted for the words “Twenty-five”, ibid., s. 7.
3. The words “Provincial Government” were substituted for the words “Governor in Council” by
the Adaptation of Indain Laws Order in Council.
4. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
Obligation to furnish
information.
Penalty for neglect to
afford information.
Requisition of
ass is tance in
p r epa ra t i on o f
maps.
Cer t i f ied copy of
record to be annexed
to plaint or application.
70 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
in the record of rights, register of mutations or register of tenancies. The provisions
of this sub-section shall apply also to an appellate or revisional Court: provided that,
in the case of an appellate or revisional decree or order passed by the High Court
1[* * *] , the communication shall be made by the Court from which the appeal lay
or the record was called for.
(4) In this section—
(a) “suit” means a suit to which the provisions of the Code of Civil Procedure,
1908 or of the Mamlatdar’s Courts Act, 1906, apply ;
(b) “application” means an application—
(i) for the execution of a decree or order in a suit ;
(ii) for the filing of an agreement stating case for the opinion of the Court
under the Code of Civil Procedure, 1908 ;
(iii) for the filing of an agreement to refer to arbitration under 2[ section 20
of the Arbitration Act, 1940 ];
(iv) for the filing of an award under 3[section 14 of the Arbitration Act, 1940 ].
(v) to a conciliator under section 39 of the Dekkhan Agriculturists’ Relief
Act, 1879 ;
(vi) of any other kind to which the 4[ 5[State] Government ] may, by
notification in the 6[Official Gazette] direct that this section shall apply;
(c) an application shall be deemed to relate to land if the decree or other matter,
with respect to which the application is made, relates to land;
(d) a suit, decree or other matter relating to land shall, without prejudice to the
generality of the expression, be deemed to include a suit, decree or other
matter relating to the rent or tenancy of land.
135I. [Refusal of assistance under section 87.] Deleted by Guj. 7 of 2010, s. 8.
135J. An entry in the record of rights, and a certified entry in the register of
mutations shall be presumed to be true until the contrary is proved or a new entry is
lawfully substituted therefor.
135K. Applications for certified copies of entries in the record of rights, the
register of mutations and the register of tenancies may be made to, and such copies
may be given by, 7[the designated officer] or Mamlatdar.
1. The words “or the Court of the Judicial Commissioner of Sind” were omitted by the Adaptation
of Laws Order, 1950.
2. These words and figures were subsituted for the words and figures “Paragraph 17 of the Second
Schedule to the said Code” by Guj. 35 of 1965, s. 10 (i).
3. These words and figures were substituted for the words and figures “Paragraph 20 of the said
Schedule”, ibid., s. 10 (ii).
4. The words “Provincial Government” were substituted for the words “Governor in Council” 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. The words “Official Gazette” were substituted for the words “Bombay Government
Gazette” by the Adaptation of Indian Laws Order in Council.
7. These words were substituted for the words “the village accuntant, Mahalkari” by Guj. 7 of
2010, s. 9.
V o f 1 9 0 8 .
B o m . I I o f
1906.
V of 1908.
X of 1940.
XVII of 1879.
X of 1940.
P r e s u m p t i o n o f
correctness of entries
in record of rights and
register of mutations.
Certified copies.
7[the designated
officcer]
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 71
135L. (1) No suit shall lie against the 1[Government or any officer of Government]
in respect of a claim to have an entry made in any record or register that is maintained
under this Chapter, or to have any such entry omitted or amended, and the provisions
of Chapter XIII shall not apply to any decision or order under this Chapter.
(2) The correctness of the entries in the record of rights and register of mutations
shall be inquired in to and the particulars thereof revised, by such Revenue Officers
and in such manner and to such extent and subject to such appeal as the 2[ 3[State]
Government] may from time to time by rules prescribed in this behalf. ]
4[ CHAPTER XB.
OF THE AGRICULTURIST PASS BOOK.
5[135LL. (1) This chapter shall apply to such taluka in a district as the State
Government may, by notification in the Official Gazette, specify.
(2) This chapter shall cease to apply to such taluka in a district as the State
Government may, by notification in the Official Gazette, specify.
(3) This chapter shall re-apply to such taluka in a district as the State Government
may, by notification in the Official Gazette, specify.]
135M. (1) In respect of every agriculturist holding land in a village or group of
villages 6[ in a taluka to which this Chapter is applied under sub-section (1) or
re-applied under sub-section (3) of section 135LL and for which a competent authority
is appointed,] there shall be prepared by the 7[competent authority ] an agriculturist
pass-book in duplicate in such form and containing particulars as to rights recorded
in the record of rights and such other particulars ( including the particulars regarding
subsisting mortgages of land, the total amount of mortgage money and the amount
of interest due thereon ) as may be prescribed by rules made under this Act.
8[(2) (a) The agriculturist pass-book shall be supplied to the agriculturist holding
land in a taluka to which this Chapter is applied under sub-section (1) or re-applied
under sub-section (3) of section 135LL.
(b) The pass-book shall be supplied under clause (a)—
(i) within such period from the date on which this Chapter is applied or
re-applied to the taluka as the State Government may, by notification in
the Official Gazette, specify; and
(ii) on payment of such fees as may be prescribed by rules made under this
Act.
1. These words were substituted for the words “Crown or any servant of the Crown” by the Ad-
aptation of Laws Order, 1950.
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. Chapter XB was inserted by Guj. 2 of 1987, s. 5.
5. Section 135LL was inserted by Guj. 9 of 1995, s. 3.
6. These words were substituted for the words “for which a village accountant is appointed”,
ibid., s. 4(1).
7. These words were substituted for the words “village accountant”, ibid., s. 2.
8. Sub-section (2) was substituted, ibid., s. 4 (2).
Ba r o f Su i t s and
exclusion of Chapter
XIII.
Appeal.
Application.
P r e p a r a t i o n a n d
supply of agricul turist
pass-book.
72 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
(c) The duplicate agriculturist pass-book shall be retained by the competent
authority. ]
(3) The particulars referred to in sub-section (1) shall be with reference to such
date as the State Government may, by notification in the Official Gazette, specify.
135N. No bank shall entertain an application by an agriculturist for grant of
financial assistance unless such an application is accompanied by his agriculturist
pass-book.
Explanation.— In this sections 1[ and sections 135 O, and 135 R], the expression
“bank” means—
(i) a banking company as defined in the Banking Regulation Act, 1949;
(ii) the State Bank of India constituted under the State Bank of India Act,
1955;
(iii) a subsidiary bank as defined in the State Bank of India (Sub-sidiary
Banks) Act, 1959;
(iv) a corresponding new bank constituted under the Banking Companies
(Acquisition and Transfer of Undertakings ) Act, 1970 2[ or the Banking
Companies ( Acquisition and Transfer of Undertakings ) Act, 1980. ]
(v) any banking institution notified by the Central Government under
section 51 of the Banking Regulation Act, 1949;
(vi) the Agricultural Refinance and Development Corporation constituted
under the Agricultural Refinance and Development Corporation Act,
1963;
(vii) any Agro-Industries Corporation;
(viii) the Agricultural Finance Corporation Limited, a company incorporated
under the Companies Act, 1956;
(ix) a co-operative bank;
3[ (ixa) a co-operative society registered under the Gujarat Co-operative
Societies Act, 1961;
(ixb) a panchayat constituted under the Gujarat Panchayats Act, 1993.]
(x) any other financial institution notified by the State Government in the
Official Gazette as a bank, for the purposes of this Act.
135 O. (1) Whenever an agriculturist mortgages or creates a charge on his land
or any interest therein in favour of a bank for the purpose of obtaining financial
assistance from that bank, or
(2) whenever an agriculturist redeems any mortgage or a charge on his land or
any interest therein by payment of mortgage money,
1. These words, figures and letters were substituted for the words, figures and letters “and section
135 O” by Gju. 9 of 1995, s. 5(1).
2. These words, brackets and figures were inserted, ibid., s. 5 (2).
3. Clauses (ixa) and (ixb) were inserted, ibid., s. 5 (3).
Agriculturist
pass-book to
accompany application
for financial assistance.
X of 1949.
XXIII of 1955.
X X X I I I o f
1959.
V of 1970.
40 of 1980.
X of 1949.
X of 1963.
1 of 1956.
Gu j . 1 0 o f
1962.
Gu j . 1 8 o f
1993.
Entries in agriculturist
pass-book by banks.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 73
the bank shall—
(a) make necessary entries in the agriculturist pass-book of the agriculturist and
thereafter return the pass-book to the agriculturist, and
(b) (i) in the case falling under clause (1) report in writing of its acquisition of
right as mortgagee to the 1[competent authority] in accordance with the provisions
of section 135C, and
(ii) in the case falling under clause (2) report in writing of the redemption of
mortgage to the 1[competent authority] in accordance with the provisions of section
135C.
2[ 135 OO. (1) No document of transfer of any agricultural land by sale, purchase,
gift, mortgage whether with or without possession, exchange, partition, lease,
surrender or otherwise shall be registered by any registering authority in a taluka to
which this Chapter is applied under sub-section (1) or re-applied under sub-section
(3) of section 135 LL unless such document is accompanied by the agriculturist
pass-book relating to such land.
(2) The registering authority shall after registering such document make necessary
entries in the agriculturist pass-book of the agriculturist and thereafter return the
pass-book to the agriculturist.
(3) The registering authority shall make a report in writing of such registration
to the competent authority.
135 OOO. The competent authority shall be responsible to keep, the agriculturist
pass-book and the duplicate agriculturist pass-book retained by it, up-to-date by making
necessary entries therein as provided in sections 135P and 135Q, respectively. ]
3[ 135P. Whenever entries are transferred from the register of mutations to the
record of rights under section 135D, the competent authority shall call for the
agriculturist pass-book from the concerned agriculturist and thereupon the agriculturist
shall produce the agriculturist pass-book before the competent authority within such
period as may be prescribed by rules made under this Act and on such production of
pass-book, the competent authority shall make entries therein, corresponding to those
in the record of rights and keep such pass-book up-to-date. ]
135Q. The 1[competent authority] shall also keep the duplicate agriculturist
pass-book retained by him up-to-date by making necessary entries therein, from time
to time, after verifying the entries from the original agriculturist pass-book and for
that purpose, he may, from time to time, call for the original agriculturist pass-book
from the agriculturist whereupon it shall be the duty of the agriculturist to forward
his agriculturist pass-book to the 1[ competent authority].
4[ 135R. A certified copy of any entry not being an entry made by a bank
or registering authority in—
(a) the duplicate agriculturist pass-book maintained by the competent
authority, or
1. These words were substituted for the words “village accountant” by Guj. 9 of 1995, s. 2.
2. Sections 135 OO and 135 OOO were inserted, ibid., s. 5 (6).
3. Section 135P was substituted, ibid., s. 7.
4. Section 135R was substituted, ibid., s. 8.
Document for
registration of
transfer of
agricultural
land to accompany
the agriculturist
pass-book.
Responsibility of
competent authority.
Agriculturists
pass-book to be kept
up-to-date
Duplicate agriculturist
pass-book to be kept
up-to-date.
Mode of proof of
entries in agriculturist
pass-book.
H-2052—10
74 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
(b) the agriculturist pass-book of the agriculturist,
shall in all legal proceedings be received as prima facie evidence of the existence of
such entry and shall be admitted as evidence of the matters, transactions and accounts
therein recorded to the same extent as the orilginal entry iltself in the record of rights
but not further or otherwise.]
1[135S. Any agriculturist who contravenes the provision of section 135P shall
be punished with fine which may extend to two hundred rupees.
135T. Any person who unauthorisely makes, alters or deletes any entry in the
pass-book or furnishes false information to the competent authority in relation to the
pass-book shall be punished with fine which may extend to one thousand rupees.
Explanation.— For the purposes of this Chapter,—
(i) the expression ‘agriculturist’ means landholder who holds land for the purpose
of agriculture ;
(ii) the expression ‘competent authority’ means such revenue officer as the State
Government may, by notification in the Official Gazette, appoint;
(iii) the expession ‘registering authority’ means the registering officer appointed
under the Registeration Act, 1908.]
CHAPTER XI.
OF THE REALIZATIONS OF THE LAND REVENUE AND OTHER
REVENUE DEMANDS.
2[136. (1) In the case of unalienated land the occupant and in the case of alienated
land the superior holder, shall be primarily liable to 3[the 4[State] Government] for the
payment of the land revenue, including all arrears of land revenue, due in respect of
the land. joint occupants and joint holders who are primarily liable under this section
shall be jointly and severally liable :
5[Provided that in the case of any land in the possession of a tenant, if such tenant
is liable to pay land revenue in respect of such land under the provisions of the Bombay
Tenancy and Agricultural Lands Act, 1948, 6[or as the case may be, the Bombay
Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958] such
tenant shall be primarily liable for the payment of the land revenue in respect of such
land ].
(2) In case of default by any person who is primarily liable under this section the
land revenue, including arrears as aforesaid, shall be recoverable from any person in
possession of the land:
1. Sections 135 S, 135 T and explanation were added, by Guj. 9 of 1995, s. 9.
2. Section 136 was substituted by Bom. 4 of 1913, s. 67.
3. The words “the Provincial Government” were substituted for the word “Government” by the
Adaptation of Indian Order in Council.
4. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5. This Proviso was added by Bom. LXVII of 1948, s. 90, read with Bom. 1 of 1956.
6. These words and figures were inserted by Guj. 35 of 1965, s. 11.
Penalty for
contravension of
section of 135P.
Penalty for unauthorised
alteration in pass-book
or furnishing false
information.
XVI of 1908.
Liability for land
revenue.
Bom. XIX of
1958.
Bom. LXVII of
1948.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 75
Provided that where such person is a tenant, the amount recoverable from him
shall not exceed the demands of the year in which the recovery is made :
Provided further that, when land revenue is recovered under this section from any
person who is not primarily liable for the same, such person shall be allowed credit
for any payments which he may have duly made to the person who is primarily liable,
and shall be entitled to credit, for the amount recovered from him, in account with the
person who is primarily liable.]
137. The claim of 1[the 2[State] Government] to any moneys recoverable under
the provisions of this Chapter, shall have precedence over any other debt, demand, or
claim whatsoever, whether in respect of mortgage, judgement-decree, execution or
attachment, or otherwise howsoever, against any land or the holder thereof.
138. In all cases the land revenue for the current years of land used for agricultural
purposes, if not otherwise discharged shall be recoverable, in preference to all other
claims, from the crop of the land subject to the same.
139. The land revenue shall be leviable on or at any time after the first day of the
revenue year for which it is due; but, except when precautionary measures are deemed
necessary under the provisions of sections 140 to 144, payment will be required only
on the dates to be fixed under the provisions hereinafter contained.
3[140. When the crop of any land or any portion of the same is sold, mortgaged
or otherwise disposed of , whether by order of a Civil Court or other public author-
ity or by private agreement, the Collector may prevent its being removed from the
land until the demands for the current year in respect of the said land have been paid,
whether the date fixed for the payment of the same under the provisions hereinafter
contained, has yet arrived or not.
But in no case shall a crop or any portion of the same, which has been sold, mort-
gaged or otherwise disposed of, be detained on account of more than the demands of
the year in which the detention is made.]
141. It shall be lawful for the Collector in order to secure the payment of the land
revenue by enforcement of the lien of 1[the 2[State] Government] on the crop—
(a) to require that the crop growing on any land liable to the payment of land
revenue shall not be reaped until a notice in writing has first been given to himself
or to some other officer to be named by him, in this behalf, and such notice has been
returned endorsed with an acknowledgement of its receipt;
(b) to direct that no such crop shall be removed from the land on which it has been
reaped, or from any place in which it may have been deposited, without the written
permission of himself or of some other officer as aforesaid;
(c) to cause watchmen to be placed over any such crop to prevent the unlawful
reaping or removal of the same, and to realize the amount required for the remunera-
tion of the said watchmen, at such rate not exceeding the rate of pay received by the
peons on his establishment he may deem fit, as an arrear of land revenue due in respect
of the land to which such crop belongs.
1. The words “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 Law Order, 1950.
3. Section 140 was substituted by Bom. 4 of 1913, s. 68.
Claims of 2[State]
Government to have
precedence over all
others.
The liability of the crop
for the revenue of the
land.
Land revenue may
belevied at any time
during the revenue
year.
Removal of crop which
has been sold, etc.,
may be prevented until
revenue paid.
In order to secure
the land revenue the
Collector may prevent
the reaping of the crop,
or.
the removal thereof, or
place watchmen over
it.
76 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
142. The Collector’s orders under either clause (a) or clause (b) of the last
preceding section may be issued generally to all the holders of land paying revenue
to 1[2[State] Government] is in a village or to individual holders merely.
If the order be general, it shall be make known by public proclamation to be made
by beat of drum in the village and by affixing a copy of the order in the chavdi or
some other public building in the village. If it be to individual holders, a notice therof
shall be served on each holder concerned.
Any person who shall disobey any such order after the same has been so
proclaimed, or a notice thereof has been served upon him or, who shall within the
meaning of the Indian Penal Code, abet the disobedience of any such order, shall
be liable, on conviction after a summary inquiry by the Collector, to a fine not
exceeding double the amount of the land revenue due on the land to which the crop
belongs in respect of which the offence is committed.
143. The Collector shall not defer the reaping of the crop, nor prolong its deposit
unduly, so as to damage the produce; and if within two months after the crop has been
deposited the revenue due has not been discharged, he shall either release the crop
and proceed to realize the revenue in any other manner authorised by this Chapter
or take such portion thereof as he may deem fit, for sale under the provisions of this
Chapter applicable to sales of movable property in realization of the revenue due and
of all legal costs, and release the rest.
144. If owing to disputes amongst the sharers, or for other cause, the Collector
shall deem that there is reason to apprehend that the land revenue payable in respect
of any holding consisting of an entire village or of a share of a village will not be paid
as it falls due, he may cause the village or share of a village to be attached and taken
under the management of himself or any agent whom he appoints for that purpose.
The provisions of section 160 shall apply to any village or share of a village so
attached, and all surplus profits of the land attached, beyond the cost of such attachment
and management, including the payments of the land revenue and the cost of the
introduction of a revenue survey, if the same be introduced under the provisions of
section 111, shall be kept in deposit for the eventual benefit of the persons or persons
entitled to the same, or paid to the said person or persons form time to time as the
Collector 3[* * * *] may direct.
145. The precautionary measures authorised by the last five sections shall be
relinquished if the person primarily responsible for the payment of revenue or any
person who would be responsible for the same if default were made by the person
primarily responsible shall pay the costs, if any, lawfully incurred by the Collector
upto the time to such relinquishment, and shall furnish security satisfactory to the
Collector for the payment, of the revenue, at the time at which or in the instalments,
if any, in which, it is payable under the provisions hereinafter contained.
146. Land revenue, except when it is recovered under the provisions of the foregoing
sections 140 to 144, shall be payable at such times, in such instalments, to such persons
and at such places as may from time to time be determined by the orders of 1[ the 2[State]
Government].
1. The words “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. The words “subject to the orders of the commissioner” were repealed by section 2(2) of the
Bombay Repealing and Amending Act, 1905 (Bom. 4 of 1905 ).
Collector’s orders
under last section how
to be made known.
Penalty for
disobedience
of order. XLV of 1860.
Reaping, etc., not to be
unduly deferred.
Crop when to be
released.
Temporary attachment
and management of a
village or share of a
village.
Powers of Manager,
and disposal of surplus
profits.
Precautionary
measures to be
relinquished on
security being
furnished.
2[State] Government
to determine the dates,
etc., on which land
revenue shall be
payable.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 77
147. Any sum not so paid becomes thereupon an arrear of land revenue, and the
persons responsible for it, whether under the provisions of section 136 or of any other
section, become defaulters.
1[148. If any instalments of land revenue be not fully paid within the prescribed
time, it shall be lawful for the Collector to impose as a penalty, or as interest such
charge on such instalments, and on the arrears, if any of former years, as may be
authorized according to a scale to be fixed from time to time under the orders of the
2[ 3[State] Government], and further to proceed to levy at once the entire balance of
land revenue due by the defaulter for the current year:
Provided that no such charge shall be imposed on any instalment, the payment
of which has been suspended by order of 4[ the 3[State] Government], in respect of
the period during which the payment remained suspended. ]
149. A statement of account, certified by the Collector or by an Assistant or
Deputy Collector, shall, for the purposes of this Chapter, be conclusive evidence of
the existence of the arrear of the amount of land revenue due, and of the person who
is the defaulter.
On receipt of such certified statement, it shall be lawful for the Collector of one
distsrict to proceed to recover the demands of the Collector of any other district under
the provisions of this chapter as if the demand arose in his own district.
5[ * * * * * * ]
150. An arrear of land revenue may be recovered by the following processes—
(a) by serving a written notice of demand on the defaulter under section
152;
(b) by forfeiture of the occupancy or alienate holding in respect of which
the arrear is due under section 153;
(c) by distraint and sale of the defaulter’s movable property under section
154;
(d) by sale of the defaulter’s immovable property under section 155;
(e) by arrest and imprisonment of the defaulter under sections 157 and 158;
(f) in the case of alienated holding consisting of entire villages, or shares
of villages, by attachment of the said villages or shares of villages under
sections 159 to 163.
151. The said processes may be employed for the recovery of arrears of former
years as well as of the current year, but the preferences given by sections 137 and 138
shall apply only to demands for the current year:
1. Section 148 was substituted by Bom. 4 of 1913, s. 69.
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. The words “the Provincial Government” were substituted for the word “Government” by
the Adaptation of Indian Laws Order in Council.
5. Third paragraph was omitted by the Gujarat Adaptation of laws (State and Concurrent
Subjects) Order, 1960.
Arrear defaulters.
Liabilities incurred by
default.
Certified account to be
evidence as to arrears.
Collectors may realize
each other’s demands.
Process for recovery of
arrears.
Revenue demands
of former years how
recoverable.
78 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
Provided that any process commenced in the current year shall be entitled to the
said preferences, notwithstanding that it may not be fully executed within that year.
152. A notice of demand may be issued on or after the day following that on which
the arrear accrues.
The 1[State Government] may from time to time frame rules for the issue of
such notices, and 2[ * * ] shall fix the costs recoverable from the defaulter as an
arrear of revenue, and direct by what officer such notices shall be issued.
153. The Collector may declare the occupancy or alienated holding in respect of
which an arrear of land revenue is due, to be forfeited to 3[ the 4[State] Government],
and sell or otherwise dispose of the same under the provisions of sections 56 and 57,
and credit the proceeds, if any, to the defaulter’s accounts:
5[ Provided that the Collector shall not declare any such occupancy or alienated
holding to be forfeited—
(a) unless previously thereto he shall have issued a proclamation and written
notices of the intended declaration in the manner prescribed by sections 165
and 166 for sales of immovable property, and
(b) until after the expiration of at least fifteen days from the latest date on which
any of the said notices shall have been affixed as required by section 166.]
154. The Collector may also cause the defaulter’s movable property to be distrained
and sold.
Such distraints shall be made by such officers or class of officers as the 6[Collector]
under the orders of 3[ the 4[State] Government ] may from time to time direct.
155. The Collector may also cause the right, title and interest of the defaulter in
any immovable property other than the land on which the arrears is due to be sold.
156. All such property as is by the Civil Procedure Code exempted from attachment
or sale in execution of a decree, shall also be exempt from distraint or sale, under either
of the last two preceding sections.
The Collector’s decision as to what property is so entitled to exemption shall be
conclusive.
7[ 157. (1) At any time after an arrear becomes due, the defaulter (not being an
agriculturist from whom such arrear in respect of his occupancy is due) may be arrested
and detained in custody for ten days in the office of the Collector or of a Mamlatdar
unless the revenue dues together with the penalty or interest and the cost of arrest
and of notice of demand, if any, and the cost of his subsistence during detention is
sooner paid:
1. These words were substituted for the word “Commissioner” by Guj. 15 of 1964, s. 4, Sch.
2. The words “with the sanction of the State Government” were deleted, ibid., s. 4, Sch.
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 Order, 1950.
5. This proviso was added by Bom. 6 of 1901, s. 16.
6. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, Sch.
7. Section 157 was substituted for the original by Guj. 6 of 1995, s.2.
Proviso
When notice of demand
may issue.
The occupancy or
alienated holding for
which arrear is due
may be forfeited.
Proviso.
Distraint and sale of
defaulter’s movable
property.
By whom to be made.
Sale of defaulter ’s
immovable property.
E x e m p t i o n f r o m
distraint and sale.
V of 1908.
Arrest and detention of
defaulter.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 79
Provided that no such arrest shall be made unless the default is wilful and the
defaulter is given an opportunity to show cause against his arrest and detention.
(2) If, on the expiry of ten days the amount due by the defaulter is not paid, then,
or if the Collector deems fit on any earlier day, he may be sent by the Collector with
a warrant, in the form of Schedule C for imprisonment in the civil jail of the district:
Provided that no defaulter shall be detained in imprisonment for a longer period
than the time limited by law in the case of the execution of a decree of civil court for
a debt equal in amount to the arrear of revenue due by such defaulter. ]
158. 1[ The State Government may ] from time to time, declare by what officers,
or class of officers, the powers of arrest conferred by section 157 may be exercised,
and also fix the costs of arrest and the amount of subsistance money to be paid by
[ the 2[State] Government ] to any defaulter under detention or imprisonment.
159. If the holding, in respect of which an arrear is due, consists of an entire village,
or of a share of a village, and the adoption of any of the other processes before
specified is deemed inexpedient, the Collector may with the previous sanction of the 4[State
Government] cause such village or share of a village to be attached and taken under the
management of himself or any agent whom he appoints for that purpose.
160. The lands of any village or share of a village so attached shall revert
to 5[ the 6[Government] ] unaffected by the acts of the superior holder or of any of
the shares, or by any charges or liabilities subsisting against such lands, or against
such superior holder or shares as are interested therein, so far as the public revenue
is concerned, but without prejudice in other respects to the rights of individuals ;
and the Collector or the agent so appointed shall be entitled to manage the lands
attached, and to receive all rents and profits accruing therefrom to the exclusion of
the superior holder or any of the shares thereof, until the Collector restores the said
superior holder to the management thereof.
161. All surplus profits of the lands attached, beyond the cost of such attachment
and management, including the payment of the current revenue, and the cost of the
introduction of a revenue survey, if the same be introduced under the provisions of
section 111 7[* * * * *] shall be applied in defraying the said ar-
rear.
162. The village or share of a village so attached shall be released from attachment,
and the management thereof shall be restored to the superior holder on the said superior
holder’s making an application to the Collector for that purpose at any time within
twelve years from the first of August next after the attachment—
1. These words were substituted for the words “The Commissioner may with the sanction of the
Provincial Government” by Bom. 28 of 1950, Sch.
2. The words “the Provincial Government” were substituted for the word “Government” 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. The words “the Crown” were substituted for the word “Government” by the Adaptation of
Indian Laws Order in Council.
6. This word was substituted for the word “Crown” by the Adaptation of Laws order, 1950.
7. The words “of the Act” were repealed by the Bombay General Clauses Act, 1886 (Bom. III of
1886) Schedule B. This Schedule is printed as an Appendix to the Bombay General Clauses Act, 1904
( Bom. I of 1904 ).
Power of arrest by
whom to be exercised.
Power to attach
defaulter’s village,
and take it under
management.
Lands of such village
to revert free of
incumbrances.
Powers of Manager.
Application of surplus
profits.
Restoration of villge so
attached.
80 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
if at the time that such application is made it shall appear that the arrear has been
liquidated ;
or if the said superior holder shall be willing to pay the balance, if any still due by
him, and shall do so within such period as the Collector may prescribe in that behalf.
The Collector shall make over to the superior holder the surplus receipts, if any,
which have accrued in the year in which his application for restoration of the village
or share of a village is made after defraying all arrears and costs; but such surplus
receipts, if any, or previous years shall be at the disposal of 1[ the 2[ State]
Government ].
163. If no application be made for the restoration of a village or portion of a
village so attached within the said period of twelve years, or if, after such application
has been made, the superior holder shall fail to pay the balance, if any, still due by
him within the period prescribed by the Collector in this behalf, the said village or
portion of a village shall thence forward vest in 3[ the State Government ] free from
all incumbrances created by the superior holder or any of the shares or any of his or
their predecessors-in-title, or in anywise subsisting as against such superior holder
or any of the shares, but without prejudice to the rights of the 4[ persons in actual
possession of the land ].
164. Any defaulter detained in custody, or imprisoned, shall forthwith be set, at
liberty and the execution of any process shall, at any time, be stayed, on the defaulter’s
giving before the Collector or other person nominated by him for the purpose, or if
the defaulter is in jail, before the officer in charge of such jail, security in the form of
Schedule D, satisfactory to the collector, or to such other person or officer.
And any person against whom proceedings are taken under this Chapter may pay
the amount claimed under protest to the officer taking such proceedings, and upon
such payment the proceedings shall be stayed.
165. When any sale of either movable or immovable property is ordered under the
provisions of this Chapter, the Collector shall issue a proclamation, in the vernacular
language of the district, of the intended sale, specifying the time and place of sale,
and in the case of movable property whether the sale is subject to confirmation or
not, and, when land paying revenue to 1[the 2[State] Government ], is to be sold, the
revenue assessed upon it, together with any other particulars he may think necessary.
Such proclamation shall be made by beat of drum at the head-quarters of the
taluka, and in the village in which the immovable property is situate, if the sale be
of immovable property; if the sale be of movable property the proclamation shall be
made in the village in which such property was seized, and in such other places as
the Collector may direct.
1. The words “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 “the Crown for the purposes of the Province” ibid.
4. These words were substituted for the words “actual occupants of the soil” by Bom. 4 of 1913,
s. 70.
Disposal of surplus
receipts.
Village, etc., to
vest in 3[the State
Government] if not
redeemed within
twelve years.
But all porcesses to
be stayed on security
being given.
or on amount demanded
being paid under
protest.
Procedure in effecting
sales.
Proclamation of sales.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 81
166. A written notice of the intended sale of immovable property, and of the time
and place thereof, shall be affixed in each of the following places, viz., the office of
the Collector of the district, the office of Mamlatdar or Mahalkari of the taluka or
mahal in which the immovable property is situate, the chavdi or some other public
building in the village in which it is situate, and the defaulter’s dwelling-place.
In the case of movable property, the written notice shall be affixed in the
Mamlatdar’s or Mahalkari’s office, and in the chavdi or some other public building
in the village in which such property was seized.
The Collector may also cause notice of any sale, whether of movable or immovable
property, to be published in any other manner that he may deem fit.
167. Sales shall be made by auction by such persons as the Collector may direct.
No such sale shall take place on a Sunday or other general holiday recognized
by 1[ the 2[State] Government], nor until after the expiration of at least thirty days in
the case of immovable property, or seven days in the case of movable property, from
the latest date on which any of the said notices shall have been affixed as required
by the last preceding section.
The sale may from time to time be postponed for any sufficient reason.
168. Nothing in the last three sections applies to the sale of perishable articles.
such articles shall be sold by auction with the least possible delay, in accordance with
such orders as may from time to time be made by the Collector either generally or
specially in that behalf.
169. If the defaulter, or any person on his behalf, pay the arrear in respect of
which the property is to be sold and all other charges legally due by him at any time
before the day fixed for the sale, to the person appointed under section 146 to receive
payment of the land revenue due, or to the officer appointed to conduct the sale or if
he furnishes security under section 164, the sale shall be stayed.
170. Sales of perishable articles shall be at once finally concluded by the officer
conducting such sales. All other sales of movable property shall be finally concluded
by the officer conducting such sales, or shall be subject to confirmation, as may be
directed in orders to be made by the Collector either generally or specially in that
behalf. In the case of sales made subject to confirmation, the Collector shall direct
by whom such sales may be confirmed.
171. When the sale is finally concluded by the officer conducting the same, the
price of every lot shall be paid for at the time of sale, or as soon as after the said
officer shall direct, and in default of such payment the property shall forthwith be
again put up and sold. On payment of the purchase-money the officer holding the
sale shall grant a receipt for the same, and the sale shall become absolute as against
all persons whomsoever.
1. The words “the Provincial Government” were substituted for the word “Government by
the Adaptation of Indian Laws Order in Concil.
2. This word was substituted for the word “Provincial” by the Adaptation of Laws Order,
1950.
Notification of sales.
Sale by whom to be
made.
Time when sale may
be made.
Postponement of sale.
Sale of perishable
articles.
When sale may be
stayed.
Sa les o f movable
property when liable
to confirmation.
Mode of payment
for movable property
when sale is concluded
at once.
H-2052—11
82 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
172. When the sale is subject to confirmation, the party who is declared to be
the purchaser shall be required to deposit immediately twenty-five per centum on the
amount of his bid, and in default of such deposit the property shall forthwith be again
put up and sold. The full amount of purchase money shall be paid by the purchaser
before sunset of the day after he is informed of the sale having been confirmed, or, if
the said day be a Sunday or other authorized holiday, then before sunset of the first
office day after such day. On payment of such full amount of the purchase-money, the
purchaser shall be granted, a receipt for the same, and the sale shall become absolute
as against all persons whomsoever.
173. In all cases of sale of immovable property, the party who is declared to be
the purchaser shall be required to deposit immediately twenty five per centum on the
amount of his bid, and in default of such deposit the property shall forthwith be again
put up and sold.
174. The full amount of purchase-money shall be paid by the purchaser before
sunset of the fifteenth day from that on which the sale of the immovable property took
place, or if the said fifteenth day be a Sunday or other authorized holiday, then before
sunset of the first office day after fifteenth day.
175. In defult of payment within the prescribed period of the full amount of purchase-
money, whether of movable or immovable property the deposit, after defraying thereout
the expenses of the sale, shall be forfeited to 1[ the 2[State] Government ], and the property
shall be re-sold, and the defaulting purchaser shall forfeit all claim to the property or to
any part of the sum for which it may be subsequently sold.
176. If the proceeds of the sale, which is eventually made, be less than the price
bid by such defaulting purchaser, the difference shall be recoverable from him by the
Collector as an arrear of land revenue.
177. Every re-sale of property in default of payment of the purchase-money,
or after postponement of the first sale, shall, except when such re-sale takes place
forthwith, be made after the issue of a fresh notice in the manner prescribed for
original sales.
178. At any time within thirty days from the date of the sale of immovable property
application may be made to the Collector to set aside the sale on the ground of some
material irregularity, or mistake, or fraud, in publishing or conducting it ;
But, except as is otherwise provided in the next following section, no sale shall
be set aside on the ground of any such irregularity or mistake, unless the applicant
proves to the satisfaction of the Collector that he has sustained substantial injury by
reason thereof.
If the application be allowed, the Collector shall set aside the sale, and direct a
fresh one.
179. On the expiration of thirty days from the date of the sale, if no such application
as is mentioned in the last preceding section has been made, or if such application
has been made and rejected, the Collector shall make an order confirming the sale :
Provided that, if he shall have reason to think that the sale ought to be set aside
notwithstanding that no such application has been made, or on grounds other than
those alleged in any application which has been made and rejected, he may, after
recording his reasons in writing, set aside the sale.
1 The words “the Provincial Government” were substituted for the word “Government” by
the Adaptation of Indian Laws Order in Council.
2. This word was ssubstituted for the word “Provincial” by the adaptation of Laws Order, 1950.
Ditto when sale is
subject to
confirmation.
Deposit by purchaser in
case of sale of
immovable property.
Purchase-money when
to be paid.
Effect of defult.
Liability of purchaser
for loss by re-sale.
Notification before
resale.
Application to set aside
sale.
Order confirming or
seting aside sale.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 83
180. Whenever the sale of any property is not confirmed, or is set aside, the
purchaser shall be entitled to receive back his deposit or his purchase-money, as the
case may be.
181. After a sale of any occupancy or alienated holding has been confirmed in
manner aforesaid, the Collector shall put the person declared to be the purchaser
into possession of the land 1[* * *] and shall cause his name to be entered in the
2[land records] as occupant or holder in lieu of that of the defaulter, and shall grant
him a certificate to the effect that he has purchased the 3[land] to which the certificate
refers.
182. The certificate shall state the name of the person declared at the time of sale
to be the actual purchaser; and any suit brought in a Civil Court against the certified
purchaser on the ground that the purchase was made on behalf of another person not
the certified purchaser, though by agreement the name of the certified purchaser was
used, shall be dismissed.
183. When any sale of movable property under this Chapter has become absolute,
and when any sale of immovable property has been confirmed, the proceeds of the sale
shall be applied to defraying the expenses of the sale and to the payment of any arrears
due by the defaulter at the date of the confirmation of such sale, and recoverable as an
arrear of land revenue,
and the surplus ( if any ) shall be paid to the person whose property has been sold.
The expenses of the sale shall be estimated at such rates and according to such
rules as may from time to time be sanctioned by 4[* * *] 5[the 6[State]
Government].
184. The said surpuls shall not, except under an order of a Civil Court, be payable
to any creditor of the person whose property has been sold.
7[185. Notwithstanding anything in section 136, the person named in the certificate
of title as purchaser shall not be liable for land-revenue due in respect of the land for
any period previous to the date of the sale.]
186. If any claim shall be set up by a third person to movable property attached
under the provisions of this Chapter, the Collector shall admit or reject his claim on
a summary inquiry held after reasonable notice. if the claim be admitted wholly or
partly, the property shall be dealt with accordingly. Except in so far as it is admitted,
the property shall be sold and the title of the purchaser shall be good for all purposes,
and the proceeds shall be disposable as herein before directed.
187. 8[All sums due on account of land revenue, conversion tax ], all quit-rents,
nazranas, succession duties, transfer duties and forfeitures, and all cesses, profits from
land, emoluments, fees, charges, penalties, fines and costs payable or leviable under
this Act or under any Act or Regulation hereby repealed, or under any Act for the time
being in force relating to land revenue;
1. The words “included in such occupancy or alienated holding” were repealed by Bom. 4 of
1913, s. 71.
2. These words were substituted for the words “revenue records”, ibid.
3. This word was subsituted for the words “occupancy or alienated holding”, ibid.
4. The words “Commissioner under the order of” were deleted by Guj. 15 of 1964, s. 4, Sch.
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. Section 185 was substituted by Bom. 4 of 1913, s. 72.
8. These words were substituted for the words “All sums due on account of Land Revenue” by
the President’s Act No. 26 of 1976, s. 8.
Refund of deposit or
purchase-money when
sale set aside.
On confirmation
of sale, purchaser to
be put in possession.
Certificate of purchase.
Bar of suit against
certified purchaser.
Applicat ion of
proceeds of sale.
Expenses of sale how
calculated.
Surplus not to be paid
to creditors, except
under order of Court.
Certified purchaser
liable only for land
revenue subsequently
due.
Claims to attached
movable property how
to be disposed of.
What moneys leviable
under the provisions
of this Chapter.
84 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
and all moneys due by any contractor for the farm of customs-duties, or of any
other duty, or tax, or of any other item of revenue whatsoever, and all specific pecuni-
ary penalties to which any such contractor renders himself liable under the terms of
his agreement ;
and also all sums declared by this or by any other Act or Regulation at the time
being in force 1[or by any contract with the 2[Government] ] to be leviable as an
assessment, or as a revenue demand, or as an arrear of land revenue;
shall be levied under the foregoing provisions of this Chapter 3[ and all the fore-
going provisions of this Chapter shall, so far as may be, be applicable thereto].
4[And any money ordered by a liquidator appointed under 5[section 108 of the
Gujarat Co-operative Societies Act, 1961] to be recovered as a contribution to the assests
of a society or as the costs of liquidation may, notwithstanding anything contained in
6[section 103 of the said Act ] be levied under the foregoing provisions of this Chapter
and all the foregoing provisions of this Chapter shall, so far as may be, be applicable
thereto :
Provided that every application for recovery in such manner of any such sum shall
be accompanied by a certificate signed by the Registrar appointed under 7[section 3
of the said Act ], that the amount may be recovered as an arrear of land revenue.]
And all persons who may have become sureties under any of the provisions of
this Act or of any Act or Regulation hereby repealed, or for any such contractor as
aforesaid for any sum of money shall, on failure to pay the amount or any portion
thereof for which they may have become liable under the terms of their security-
bond, be liable to be proceeded against under the provisions of this Chapter as
revenue defaulters 8[ and all the foregoing provisions of this Chapter shall, as far
as may be, be applicable to such persons].
And in the event of the resumption of any such farm as is aforesaid, no person
shall be entitled to credit for any payments which he may have made to the contractor
in anticipation.
9[And any person who has received from 10[the 11[State] Government] a free
grant of money for any agricultural purpose, subject to the proviso that he shall
refund the same on failure to observe any of the conditions of the grant, shall, on
failure to observe any such condition and to repay the said sum to 2[the 3[State]
Government], be liable to be proceeded against under the provisions of this Chapter
as a revenue-defaulter, and all the foregoing provisions of this Chapter shall, so far
as may be, be applicable to such person.]
1. The words “or by any contract with the Secretary of State for India in Council” were inserted
by s. 2 (1) of the Bombay Repealing and Amending Act, 1905 (Bom. 4 of 1905).
2. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
3. These words were added by Bom. 4 of 1913, s. 73 (1).
4. This paragraph and the proviso were insserted by (Bom. 1 of 1920) s. 2.
5. These words and figures were substituted for the words and figures “section 42 of the Co-operative
Societies Act, 1912” by Guj. 35 of 1965, s. 12 (i).
6. These words and figures were substituted for the words, brackets and figures “sub-section (5)
of section 42 of the said Act”, ibid., s.12 (ii).
7. These words and figures were substituted for the words and figures “section 3 of the Co-operative
Societies Act, 1912”, ibid., s. 12 (iii).
8. These words were added by Bom. 4 of 1913, s. 73 (2).
9. This paragraph was added, ibid., s. 73(3).
10. The words “the Provincial Government” were substituted for the woard “Government” by
the Adaptation of Indian Laws Order in Council.
11. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
Guj. X of 1962.
Suret ies l iable as
revenue defaulters.
On resumption of a
farm, no payments
made to cotractor in
advance to be admitted.
The recovery of free
grants as arrears of
revenue in case of
misuse.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 85
CHAPTER XII.
PROCEDURE OF REVENUE OFFICERS.
188. In all official acts and proceedings a revenue officer shall, in the absence
of any express provisions of law to the contrary, be subject as to the place, time and
manner of performing his duties to the direction and control of the officer to whom
he is subordinate.
189. Every revenue officer not lower in rank than a Mamlatdar’s first karkun,
or an Assistant Superintendent of survey, in their respective departments, shall have
power to summon any person whose attendance he considers, necessary either to be
examined as a party or to give evidence as a witness, or to produce documents for the
purposes of any inquiry which such officer is legally, empowered to make. A summons
to produce documents may be for the production of certain specified documents, or
for the production of all documents of a certain description in the possession of the
person summoned.
All persons so summoned shall be bound to attend, either in person or by an
authorised agent, as such officer may direct :
Provided that exemptions under 1[sections 132 and 133 of the Code of Civil
Procedure, 1908], shall be applicable to requisitions for attendance under this
section ;
and all persons so summoned shall be bound to state the truth upon any subject
respecting which they are examined or make statements,
and to produce such documents and other things as may be required.
190. Every summons shall be in writing, in duplicate, and shall state the purpose
for which it is issued, and shall be signed by the officer issuing it, and if he have a
seal shall also bear his seal;
and shall be served by tendering or delivering a copy of it to the person summoned
or, if he cannot be found, by affixing a copy of it to some conspicuous part of his usual
residence.
If his usual residence be in another district, the summons may be sent by post
to the Collector of that district, who shall cause it to be served in accordance wih the
preceding clause of this section.
191. Every notice under this act, unless it is otherwise expressly provided, shall
be served either by tendering or delivering a copy thereof to the person on whom it
is to be served or to his agent, if he have any ;
or by affixing a copy thereof to some conspicuous place on the land, if any, to
which such notice refers.
No such notice shall be deemed void on account of any error in the name or
designation of any person referred to therein, unless when such error has produced
substantial injustice.
192. In any formal or summary inquiry if any party desires the attendance of
witnesses, he shall follow the procedure prescribed by the 2[Code of Civil Procedure,
1908, for parties applying for summonses for witnesses.]
1. These words and figures were substituted for the words and figures “sections 640 and 641 of
the Code of Civil Procedure” by Bom. 4 of 1913, s. 74.
2. These words and figures were substituted for the words and figures “Code of Civil Procedure
section 160’, ibid., s. 75.
S u b o r d i n a t i o n o f
revenue officers.
Power to summon
persons to give
evidence and produce
documents.
V of 1908.
Summons to be in
writing signed and
sealed.
How to be served.
Service in district other
than that of issuer.
Mode of serving
notices.
Notice not void for
error.
V of 1908.
Procedure for procuring
attendance of witnesses.
86 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
193. In all formal inquiries the evidence shall be taken down in full, in writing,
in the language in ordinary use in the district, by, or in the presence and hearing and
under the personal superintendence and direction of, the officer making the investiga-
tion or inquiry, and shall be signed by him.
In cases in which the evidence is not taken down in full in writing by the officer
making the inquiry he shall, as the examination of each witness proceeds, make a
memorandum of the substance of what such witness deposes; and such memorandum
shall be written and signed by such officer with his own hand, and shall form part
of the record.
If such officer is prevented from making a memorandum as above required, he
shall record the reason of his inability to do so.
When the evidence is given in English, such officer may take it down in that
language with his own hand, and an authenticated translation of the same in the
language in ordinary use in the district shall be made and shall form part of the
record.
194. Every decision, after a formal inquiry, shall be written by the officer passing
the same in his own hand-writing, and shall contain a full statement of the grounds
on which it is passed.
195. In summary inquiries the presiding officer shall himself, as any such inquiry
proceeds, record a minute of the proceedings in his own hand in English or in the
language of the district, embracing the material averments made by the parties
interested, the material parts of the evidence, the decision, and the reasons for the
same:
Provided that it shall at any time be lawful for such officer to conduct an inquiry
directed by this Act to be summary under all, or any, of the rules applicable to a formal
inquiry, if he deem fit.
196. A formal or summary inquiry under this Act shall be deemed to be a “judicial
proceeding” within the meaning of sections 193, 219 and 228 of the Indian Penal
Code, and the office of any authority holding a formal or summary inquiry shall be
deemed a Civil Court for the purposes of such inquiry.
Every hearing and decision, whether in a formal or summary inquiry shall be in
public, and the parties or their authorised agents shall have due notice to attend.
197. An inquiry which this Act does not require to be either formal or summary, or
which any revenue officer may on any occasion deem to be necessary to make, in the
execution of his lawful duties, shall be conducted according to such rules applicable
thereto, whether general or special, as may have been prescribed by the 1[ 2[State]
Government], or an authority superior to the officer conducting such inquiry, and,
except in so far as controlled by such rules, according to the discretion of the officer
in such way as may seem best calculated for the ascertainment of all essential facts
and the furtherance of the public good.
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.
Mode of taking
evidence in formal
inquiries.
Taking evidence given
in English. Translation
to be on record.
Writing and explanation
of decisions.
Summary inquiries,
how to be conducted.
Formal and summary
inquiries to be deemed
judicial preceedings.
XIV of 1860.
Hearing and decisions.
Notice to parties.
Ordinary inquiries how
to be conducted.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 87
198. In all cases in which a formal or summary inquiry is made, authenticated
copies and translations of decisions, orders and the reasons therefor, and of exhibits,
shall be furnished to the parties, and original documents used as evidence shall be
restored to the persons who produced them, or to persons claiming under them on
due application being made for the same, subject to such charges for copying etc.,
as may, from time to time be authorized by 1[ the 2[State] Government ].
199. Whenever it is provided by this Act that a defaulter, or any other person may
be arrested, such arrest shall be made upon a warrant issued by any officer competent
to direct such persons’ arrest.
200. It shall be lawful for any revenue officer at any time, and from time to
time, to enter, when necessary, for the purposes of measurement, fixing, or inspecting
boundaries, classification of soil, or assessment, or for any other purpose connected
with the lawful exercise of his office under the provisions of this Act, or of any other
law for the time being in force relating to land revenue, any lands or premises, whether
belonging to 3[the 4[Government ]] or to private individuals, and whether fully assessed
to the land revenue or partially or wholly exempt from the same :
Provided always that no building used as a human dwelling shall be entered,
unless with the consent of the occupier thereof, without a notice having been served
at the said building not less than seven days before such entry; and provided also
that in the cases of buildings of all descriptions, due regard shall be paid to the
social and religious prejudices of the occupiers.
201. The 5[ 2[State] Government] may declare what shall, for the purposes of this
Act, be deemed to be the language in ordinary use in any district.
202. Whenever it is provided by this, or by any other Act for the time being in
force, that the Collector may or shall evict any person wrongfully in possession of
land, such eviction shall be made in the following manner, viz. :—
by serving a notice on the person or persons in possession requiring them within
such time as may appear reasonable after receipt of the said notice to vacate the land,
and,
if such notice is not obeyed by removing or deputing a subordinate to remove
any person who may refuse to vacate the same, and,
if the officer removing any such person shall be resisted or obstructed by any
person, the Collector shall hold a summary inquiry into the facts of the case, and if
satisfied that the resistance or obstruction was without any just cause, and that such
resistance and obstruction still continue, may, without prejudice to any proceedings
to which such person may be liable under any law for the time being in force for
the punishment of such resistance or obstruction, issue a warrant for the arrest of
the said person, and on his appearance commit him to close custody in the office of
the Collector or of any Mamlatdar or Mahalkari, or send him with a warrant, in the
form of Schedule I, for imprisonment in the civil jail of the district for such period
not exceeding thirty days, as may be necessary to prevent the continuance of such
obstruction or resistance.
1. The words “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. The words “the Crown” were substituted for the word “Government”, ibid.
4. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
5. The words “Provincial Government” were substituted for the words “Governor in Council”
by the Adaptation of Indian Laws Order in Council.
Copies and translations,
etc., how to be obtained.
Arrest of a defaulter
to be made upon a
warrant.
Power of revenue officer
to enter upon any lands
or premises for purposes
of mesurement, etc.
Proviso.
2[State] Government to
determine the language
of a district.
Collector how to
proceed in order to evict
any person wrongfully
in possession of land.
88 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
CHAPTER XIII.
APPEALS AND REVISION.
203. In the absence of any express provision of this Act, or of any law for the time
being in force to the contrary, an appeal shall lie from any decision or order passed by
a revenue officer under this Act or any other law for the time being in force, to that
officer’s immediate superior, whether such decision or order may itself have been
passed on appeal from a subordinate officer’s decision or order or not.
204. 1[Subject to the provision in the Bombay Revenue Tribunal Act, 1939] an appeal
shall lie to the 2[3[State] Government] from any decision or order passed 4 [* *] by a
survey Commissioner, except in the case of any decision or order passed by such officer
on appeal from a decision or order itself recorded in appeal by any officer subordinate to
him.
205. No appeal shall be brought after the expiration of sixty days if the decision
or order complained of have been passed by an officer inferior in rank to a Collector
or a Superintendent of Survey in their respective departments; nor after the expiration
of ninety days in any other case.
In computing the above periods, the time required to prepare a copy of the deci-
sion or order appealed against shall be excluded.
206. Any appeal under this Chapater may be admitted after the period of limitation
prescribed therefor, when the appellant satisfies the office or the 2[ 3[State] Government]
5[ to whom or to which ] he appeals, that he had sufficient cause for not presenting
the appeal within such period.
No appeal shall lie against order passed under this section admitting an appeal.
207. Whenever the last day of any period provided in this chapter for the pres-
entation of an appeal falls on a sunday or other holiday recognized by 6[the 3[State]
Government ] the day next following the close of the holiday shall be deemed to be
such last day.
208. Every petition of appeal shall be accompanied by the decision or order ap-
pealed against or by an authenticated copy of the same.
209. The appellate authority may 7[for reasons to be recorded in writing] either
annual, reverse, modify or confirm the decision or order of the subordinate officer
appealed against, or he may direct the subordinate officer to make such further
investigation or to take such additional evidence as he may think necessary, or he
may himself take such additional evidence :
1. This portion was inserted by Bom. 28 of 1950, Sch.
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. The words “by a Commissioner or “ were deleted by Guj. 15 of 1964, s. 4, Sch.
5. The words “to whom or to which” were substituted for the words “to whom” by the Adaptation
of Indian Laws Order in Council.
6. The words “the Provincial Government” were substituted for the word “Government”, ibid.
7. These words were inserted by Bom.3 of 1932, s. 2 (1).
Appeal to lie from
any order passed by a
revenue officer to his
superior.
Appeal when to lie
to the 3[State]
Government.
Periods within which
appeals must be
brought.
Admission of appeal
after period of limitation.
Provision where last
day for appeal falls on
a Sunday or a holiday.
Copy of o rder to
accompany petition of
appeal.
Powers of appellate
authority.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 89
1[Provided that it shall not be necessary for the appellate authority to record
reasons in writing—
(a) when an appeal is dismissed summarily, or
(b) when the decision or order appealed from is itself a decision or
order recorded in appeal, or
(c) when an appeal is made to the 2[ 3[State] Government ] under section
204.]
210. In any case in which an appeal lies, the appellate authority may, pending
decision of the appeal, direct the execution of the decision or order of the subordinate
officer to be suspended.
211. The 2[ 3[State] Government ] and any revenue officer, not inferior in
rank to 4[an Assistant or Deputy Collector] or a Superintendent of Survey, in their
respective departments, may call for and examine the record of any inquiry or the
proceedings of any subordinate revenue officer for the purpose of satisfying 5[itself
or himself, as the case may be, ] as to the legality or propriety of any decision or
order passed, and as to the regularity of the proceedings of such officer.
The following officer may in the same manner call for and examine the proceedings
of any officer subordinate to them in any matter in which neither a formal nor a summary
inquiry has been held, namely, 6[* * *] a Mamlatdar, a Mahalkari, 7[an] Assistant
Superintendent of Survey and an Assistant Settlement Officer.
If in any case, it shall appear to the 2[ 3[State] Government ], or to such officer
aforesaid, that any decision or order or procedings so called for should be modified,
annulled or reversed, 8[it or he] may pass such order thereon as 8[ it or he] deems fit:
9[Provided that an Assistant or Deputy Collector shall not himself pass such order
in any matter in which a formal inquiry has been held, but shall submit the record with
his opinion to the Collector, who shall pass such order thereon as he may deem fit:]
212. Whenever in this Act it is declared that a decision or order shall be final,
such expression shall be deemed to mean that no appeal lies from such decision or
order.
The 2[ 3[State] Government] alone shall competent to modify, annual or reverse
any such decision or order under the provisions of the last preceding section.
1. This proviso was added, by Bom. 3 of 1932, s. 2 (2).
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 “Collector” by Bom. 4 of 1913 s. 76(a).
5. The words “itself or himself as the case may be” were substituted for the word “himself” by
the Adaptation of Indian Laws Order in Council.
6. The words “an assistant or Deputy Collector” were repealed by Bom. 4 of 1913, s. 76(b).
7. This article was substituted for the word “and” by the Amending Act, 1895 (16 of 1895).
8. The words “it or he” were substituted for the word “he” by the Adaptation of Indian Laws Order
in Council.
9. This proviso was added by Bom. 4 of 1913 s. 76(c).
Power to suspend
execution of order of
subordinate officers.
Power of 2[State]
Government and of
certain revenue
officers to call for
and examine records
and proceedings of
subordinate officers;
and to pass orders
thereupon.
Rules as to decisions or
orders expressly made
final.
H-2052—12
90 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
CHAPTER XIV.
MISCELLANEOUS.
213. Subject to such rules and the payment of such fees as the 1[ 2[State] Gov-
ernment] may from time to time prescribe in this behalf, all maps and 3[land records]
shall be open to the inspection of the public at reasonable hours, and certified extracts
from 4[the same] or certified copies thereof shall be given to all persons applying for
the same.
5[214.(1) The 1[ 2 [State] Government] may, by notification published in the
6[Official Gazette], 7[make, whether prospectively or retrospectively, rules] not
inconsistent with the provisions of this act to carry out the purposes and objects
thereof and for the guidance of all persons in matters connected with the enforcement
of this Act or in cases not expressly provided for therein.
(2) In particular, and without prejudice to the generality of the fore-going power,
such rules may be made —
(a) regulating the appointment of revenue officers and the exercise by them
of their powers and duties;
8[ * * * * * ]
(b) regulating the assessment of land to the land revenue and the alteration
and revision of such assessment and the recovery of land revenue;
(c) prescribing the notice to be given in the case of inquiries and orders
under section 37;
(d) prescribing the purposes for which unalienated land liable to the payment of
land revenue may or may not be used, and regulating the grant of permission
to use agricultural land for non-agricultural purposes ;
(e) regulating the disposal of land and other property 9[vesting in the
10[Government] for the purposes of the 2[State];
(f) regulating the disposal of forfeited land;
(g) prescribing the terms and conditions on which, and the periods for which,
unoccupied unalienated land may be granted;
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. These words were substituted for the words “survey records and all village accounts and land
registers” by Bom. 4 of 1913, s. 77.
4. These words were substituted for the words “such maps, registers and accounts”, ibid., s.77.
5. Section 214 was substituted, ibid., s. 78.
6. The words “Official Gazette” were substituted for the words “Bombay Government Gazette”
by the Adaptation of Indian Laws Order in Council.
7. These words were substituted for the words “make rules” by Guj. 2 of 1981, s. 2.
8. Clause (aa) was deleted by Guj. 35 of 1965, s. 13.
9. The words “vesting in the Crown for the purposes of the Province” were substituted for the
words “vesting in Government”, by the Adaptation of Indian Laws Order in Council.
10. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
Maps and land records
open to inspection.
Extracts and copies
shall be given.
Rules.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 91
1[(gi)] fixing the maximum amount of fine leviable under section 61 ;
2[ (h) the form of notice and the particulars to be sent under clause (b) of
sub-section (2), the form of and the time within a certificate is to be issued under
sub-section (3), the rules subject to which the Collector may direct payment of fine
under clauses (a) and (c) and the form of notice to be served under clause (b) of
sub-section (4), and the circumstances in which the period may be extended under
the proviso to clause (a) of sub-section (5),of section 65B. ]
3[ 4[(h-i)] prescribing the authority to which, the manner in which, and the times
at which, the conversion tax shall be payable by an occupant under section 67A; ]
5[(h-ii) prescribing the form of notice to be issued to the transfereeor his success or
in interest by the collector, making rules relating to the liability to pay arrears of land
revenue in respect of an occupancy restored to the tribal transferor under sub-section
(3) of section 73AA, and prescribing the period within which the tribal transferor shall
accept the occupancy restorted to him, under the proviso to the said sub-section (3);
(h-iii) prescribing the circumstances in which and the conditions subject to which
the previous sanction of the Collector shall be given under sub-section (2), occupancy
price on the payment of which occupancy shall be granted under sub-section (5) and
the distance within which any other village shall be situated and the order of priority in
which, the occupancy price at which and the condition subject to which, the occupancy
shall be granted to other classes of persons under sub-section (6) of section 73 AA ;
(h-iv) the form in which the declaration shall be made, and the manner in which
such declaration shall be verified, by the transferor, under clause (a) of sub-section
(1) of section 73 AD. ]
6[ (i) regulating the conduct of surveys and settlements of land revenue and
prescribing the notice to be given under section 117-O before the introduction of the
settlement; ]
(j) regulating the division of survey numbers into sub-divisions and the fixing of
the assessment of sub-divisions under section 117A.
(k) regulating the construction, laying out, maintenance and repair of bound-
ary marks;
(l) regulating the compilation, maintenance and revision of the record of rights and
the registers of mutations, disputed cases and tenancies, and prescribing the forms in
which they are to be compiled and the officers by whom the said records and registers
are to be tested and revised;
(m) regulating the exercise by village accountants and revenue officers of the
powers of a survey officer and the assessment of cost and expenses under sectioon
135G;
(n) prescribing the mode, form and manner in which appeals under Chapter XIII
shall be drawn up and presented;
1. Clause (h) was renumbered as clause (gi) by Guj. 6 of 1997, s. 5.
2. Clause (h) was inserted, ibid.
3. Clause (hh) was inserted by the President’s Act No. 26 of 1976, s. 9.
4. Clause (hh) was renumbered as clause (h-i) by Guj. 37 of 1980, s. 4.
5. Clauses (h-ii), (h-iii) and (h-iv) were inserted, ibid.
6. Clause (i) was substituted by Bom. 20 of 1939, s. 12.
92 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
(o) prescribing the records, registers, accounts, maps and plans to be maintained
for the purposes of this Act and the manner and forms in which they shall be prepared
and maintained;
1[ (p) the manner in which the assessment of survey numbers and sub-divisions
thereof shall be based on their classification value;
(q) the manner in which enquiry is to be held under section 117-I;
(r) the manner in which the 2[average yield of crops ] of land is to be ascertained
by the Settlement Officer;
(s) the manner in which the settlement report shall be published under section
117J;
(t) the manner in which and the places at which the notice inviting objections to
the settlement proposals shall be published under sub-section (2) of section 117 J;
(u) the scale according to which the surcharge shall be levied or the rebate shall
be granted under 3[ * * * *] section 117M.]
4[ (v) regulating the supply of agriculturist pass-book.]
5[(w)the manner in which and the period within which a claimant shall make
an application for the purpose of conducting supplemental revenue settlement under
section 125G.
(x) the manner for issuing the notice to the claimant under
section 125I;
(y) the form of notice to be issued under section 125J.
(z) the form of notice to be issued under section 125K.
(za) the format of Certificate of claims or certificate of No Dues to be issued under
section 125L.
(zb) the manner and format of making application under sub-section (3) of sec-
tion 125L.
(zc) the manner and format of Certificate of No Dues to be issued under sub-
section (2) of section 133.]
(3) The power to make rules under this section shall be subject to the condition
of previous publication.]
6[215. 7[(1)] It shall be lawful for the 8[ 9[State] Government], in making any
rule under section 214, to prescribe that any person committing a breach of the same
shall on conviction by a Magistrate be punished with imprisonment for a term not
exceeding one month or with fine not exceeding five hundred rupees, or with both, in
addition to any other consequences that would ensue from such breach.
10[(2) (a) Nothing in section 214 shall authorise the State Government to make
retrospectively a rule prescribing a penalty referred to in sub-section (1).
(b) Notwithstanding the retrospective operation of any rule made under section
214, nothing or no action constituting breach of such rule, done or taken by a person
before such rule is so made shall render such persons liable to penalty prescribed
under sub-section (1). ]]
1. Clauses (p) to (u) were inserted by Bom. 20 of 1913, s. 12.
2. These words were substituted for the words “rental value” by Bom. 28 of 1956, s. 11(2).
3. The words, brackets and figure “sub-section (2) of” were deleted, ibid., s. 11(3).
4. Clause (v) was added by Guj. 9 of 1995, s. 10.
5. Clauses (w) to (zc) was insetred by Guj. 23 of 2017, s.9.
6. Section 215 was substituted by Bom. 4 of 1913, s. 78.
7. Section 215 was renumbered as sub-section (1) of that section by Guj. 2 of 1981, s. 3.
8. The words “Provincial Government” were substituted for the words “Governor in Council” by the Adaptation
of Indian Laws Order in Council.
9. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10. Sub-section (2) was added by Guj. 2 of 1981, s. 3.
Penalty for breach of
rules.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 93
1[216. (1) The provisions of Chapters VIII, VIII-A, IX and X shall be applicable
to all alienated villages and alienated shares of villages subject to the following
modifications :—
(i) subject to the provisions of any covenant or agreement entered into by the
2[State] Government with the holder or holders of any such village or share the costs
of any survey directed under section 95 or a fresh survey directed under section 106
and of any settlement carried out under the said Chapters in any such village or share
shall be payable by the holder or holders in proportion to their share in the rent or
revenue of the village or share;
(ii) if the 1[State] Government so directs such costs shall also be payable by any
class of persons who, in the opinion of the 2[State] Government, have any interest in
any land in such village or share and in such proportion as the 2[State] Government
may direct;
(iii) on the introduction of a settlement under Chapter VIII or VIII-A in any such
village or share, the holder or holders of such village or share shall, in proportion to
his share in the rent or revenue of the village or share, be liable to pay—
(a) the salaries of the village officers appointed for the village or the share
including the commutation allowance payable in respect of a commuted kulkarni
watan in the village, if any,
(b) the costs of the levy of a cess under section 93 of the Bombay Local
Boards Act, 1923;
(iv) the liability under clauses (i) and (iii) shall be a first charge on the rent or
revenue of such village of share;
(v) the total amount payable under clauses (i) and (iii) in respect of the holding
in any such village or share shall be recoverable from the holder of such village or
share entered in the Record of Rights;
(vi) the amount payable under clause (ii) by any class of persons shall be
recoverable in such manner as the 1[State] Government directs from the members
of that class as entered in the Record of Rights.
(2) All survey settlements heretofore introduced in alienated villages shall be valid
as if they had been introduced in accordance with the provisions of this section. ]
217. When a survey settlement has been introduced under the provisions of the
last section or if any law for the time being in force, into an alienated village, the
holders of all lands to which such settlement extends shall have the same rights and
be affected by the same responsibilities in respect of the lands in their occupation as
3[holders of land in unalienated villages] have, or are affected by, under the provi-
sions of this Act, and all the provisions of this Act, relating to 2[holders of land in
unalienated villages ] 4[ * * *] shall be applicable, so far as may be, to them.
1. Section 216 was substituted for the original by Bom. 45 of 1947, s. 2.
2. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3. These words were substituted for the word “occupants” by Bom. 4 of 1913, s. 80 (a).
4. The words “and registered occupants” were repealed, ibid., s. 80 (b).
Chapters VIII to X
to apply to alienated
villages.
Bom. VI of
1923.
Holders of land in
alienated villages.
94 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
218. Nothing in this Act, which applies in terms to unalienated land or to the
holders of unalienated land only, shall be deemed to affect alienated land, or the
rights of holders of alienated land or of 1[the 2[Government]] in respect of any
such land, and no presumption shall be deemed to arise either in favour or to the
prejudice, of any holder of alienated land from any provision of this Act in terms
relating to unalienated land only.
3[218A. (1) The Bombay Land Revenue Code, 1879 as extended to the Kutch
area of the State of Gujarat under section 2 of the Part C States (Laws) Act, 1950 is
hereby repealed :
Provided that unless a different intention appears, the repeal shall not in relation
to the Kutch area of the State of Gujarat—
(a) revive anything not in force or existing at the time at which the repeal
takes effect; or
(b) affect the previous operation of the Act so repealed or anything duly
done or suffered thereunder ; or
(c) affect any right, privilege, obligation or liability acquired, accrued or
incurred under the Act so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any
offence committed against the Act so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or punishment as
aforesaid;
(f) affect the levy, assessment, collection or refund of any sum due on
account of land revenue, any quit rents, nazaranas, succession duties and forfeitures
and any cesses, profits from lands, emoluments, fees, charges and costs which may
have become payable or leviable under the Act so repealed before the commencement
of this Act in the said Kutch area and any such investigation, legal proceeding or
remedy may be instituted, continued or enforced and any such penalty, forfeiture or
punishment may be imposed and any such sum due on account of land revenue and
any quit rents, nazaranas, succession duties and forefeitures and any cesses, profits
from lands, emoluments, fees, charges, penalties, fines and costs may be paid, levied,
assessed or collected or refund there of made as if the Bombay Land Revenue Code
( Gujarat Extension of Kutch Area and Amendment) Act, 1965 had not been passed:
Provided further, but subject to the preceding proviso, anything done or action
taken or deemed to be taken (including any rules, regulations, orders, notifications
and forms made or issued and notices issued and enquiries made) under the Act
so repealed shall be deemed to have been done or taken under the corresponding
provisions of this Act and shall continue to be in force accordingly, unless and
until superseded be anything done or any action taken under this Act.
(2) Any reference to the Act so repealed or to any provision thereof or to
any officer appointed or any authority appointed or constituted by the Act so
repealed, in any law for the time being in force in the Kutch area of the State of
Gujarat in any instrument or other document shall be construted as a reference to
this Act or the relevant provision thereof, or to the officer or as the case may be
the authority appointed or constituted under this Act and the officer or authority
shall have and exercise all the powers under such law, instrument or document.]
1. The words “the Crown” were substituted for the word “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. Section 218A was inserted by Guj. 35 of 1965, s. 14.
Construction of this
Act.
Repeal of Bom. V of
1879 as in force in the
Kutch area of the State
of Gujarat.
Bom. V of
1879.
Gu j . 3 5 o f
1965.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 95
SCHEDULE A.
[ Repealed by Bom.IV of 1913, s. 81 ]
SCHEDULE B.
[ Omitted by the Adaptation of Indian Laws Order in Council ]
SCHEDULE C.
Form of Warrant to be issued by the Collector
under section 25 or 157.
Seal
To
The Officer in charge of the Civil Jail at
Whereas A. B. of was on the day of
20 , ordered by to
(here state the substance of the demand made); and whereas the said A.
B. has neglected to comply with the said order, and it has therefore been directed,
under the provisions of section of the Bombay Land Revenue Code, that he be
imprisoned in the Civil Jail until he obey the said order or until he obtain his dis-
charge under the provisions of section 25 or 28 ( or section 157 or 164 , as the case
may be,) of the said Code; you are hereby require to receive the said A. B. into Jail
under your charge and to carry the aforesaid order into execution according to law.
Dated this day of 20 .
( Signature of Collector ).
SCHEDULE D.
Form of Bond to be required under section 28 or 164.
Whereas I,
to (here state the nature of the demand ) and
whereas I dispute the right of the said to make the said order, I
hereby bind myself to file a suit within fifteen days from the date of this bond in the
District Court of to contest the justice of the demand, and do agree that
in the event of a decree being passed against me I will fulfil the same and will pay
all amounts, including costs and interests that may be due by me, or that if I fail to
institute a suit as aforesaid, I will, when require, pay the above mentioned amount
of rupees ( or will
deliver up the above mentioned papers property, as the case may be ) ,and in the case
of my making default therein I hereby bind my self to forfeit to the 1[ Government
] the sum of rupees.
Dated
(Signature).
1. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
96 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
Form of Security to be subjoined to the Bond of the Principal.
WE,
hereby declare ourselves securities for the abovesaid
that he shall do and perform all that he has above undertaken to do and perform and in
case of his making default therein we hereby bind ourselves to forfeit to the 1[Govern-
ment] the sum of rupees.
Dated
(Signature).
SCHEDULE E.
(See section 84)
I—Form of Notice to be given by Landlord to Tenant to Quit.
To
A. B.
I do hereby give you notice that I do intend to enter upon, and take possession
of, the land (here give the description ) which you now hold as tenant under me, and
you are therefore required to quit and deliver up possession of the same at the end of
this current year, terminating on the of 20 .
(Signed.) C. D.
Dated this day of 20 .
II—Form of Notice to be given by Tenant to Landlord of his
intention to Quit.
To
C. D.
I do hereby give you notice that I shall quit and deliver upto you, at the end of
this current year terminating on the of 20 the land
( here give the description ) which I hold from you.
(Signed) A. B.
Dated this day of 20 .
SCHEDULE F.
[ Repealed by Bom. IX of 1951, s. 2, First Schedule ]
SCHEDULE H.2
(See Section 133)
Form of Sanad for Building Sites.
3[ The Ashok Capital Motif ]
1950.
T he 4[ Government of Gujarat ]
To
Whereas 5[the 6[State] Govesrnment ], with a view to the settlement of
the land revenue, and the record and preservation of proprietary and other rights
1. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
2. There is no Schedule G.
3. These words were substituted for the words “Royal Arms” by the Adaptation of Laws Order,
1950.
4. These words were substituted for the words “Government of Bombay” by the Gujarat Adapta-
tion of Laws (State and Concurrent Subjects) order, 1960.
5. The words “the Provincial Government” were substituted for the words “His Excellency the
Governor of Bombay in Council” 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.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 97
connected with the soil, has, under the provisions of the Bombay Land Revenue
Code, directed a survey of the lands within the of and ordered the necessary
inquiries connected therewith to be made, this sanad is issed under section 133 of the
said Code to the effect that—
There is a certain plot of ground occupied by you in the
division of the of register No.
, in the map marked sheet, No. and facing
towards the, the road leading from to ,
containing about square yards and of the following shape and about the following
dimensions :—
You are hereby confirmed in 1[the said occupancy ] exempt from all land revenue
( or subject to the payment of Rs. per annum to the land revenue ).
The terms of your tenure are such that your occupancy is both transferable and
heritable, and will be continued by the 2[State Government], without any objection or
question as to title to whosoever shall from time to time be its lawful holder (subject
only to the condition of the payment annually of the land revenue according
to the provisions of the Bombay Land Revenue Code or of any other law for the time
being in force, and to the liability to have the said rate of assessment revised at the
expiration of a term of years reckoned from the and thereafter at successive periods
of years in perpetuity, and to the necessity for compliance with provi-
sions of the law from time to time in force as to the time and manner of payment of
the said assessment, and to the liability of forfeiture of the said occupancy and of all
rights and interests connected therewith in case of your failure to pay the said assess-
ment as required by law ).
3* * * * * * *
(Signed)
SCHEDULE I.
Form of Warrant to be issued by the Collector under section 202.
(Seal)
To
The officer in charge of the Civil Jail at
Whereas A. B. of has resisted ( or obstructed ) C. D. in removing E.
F. ( or himself that is, the said A. B. ) from certain land in the village of
in the taluka and whereas it is necessary, in order to prevent
the continuance of such obstruction ( or resistance ) to commit the said A. B.
to close custody; You are hereby required under the provisions of section 202 of the
Bombay Land Revenue Code to receive the said A. B. into the Jail under your
charge and there to keep him in safe custody for days.
Dated this day of 20 .
( Signature of Collector ).
1. These words were substituted for the words “the occupancy of the above described grounds”
by Bom. 4 of 1913, s. 83.
2. These words were substituted for the words “British Government” by the Adaptation of Laws
Order, 1950.
3. The words and letters “This sanad is executed on behalf of the Secretary of State for
India in Council by order of the Governmor in Council of Bombay, by and under the hand and seal of
this day of one thousand eight hundred and A. D.” were omitted by the Adaptation of Indian Laws order
in council.
H-2052—13
98 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
1[SCHEDULE J.
[See section 1 (4) ]
(Modifications subject to which this Act extends to the Saurashtra area
of the State of Bombay).
2[1. * * * * ]
2. In section 3,—
(i) in clause (13), the portion beginning with the words “and for the purposes
of” and ending with the words “be deemed to be the tenant of such grantor” shall be
deleted.
(ii) after clause (27) the following new clause shall be inserted :—
“(28) Any reference to Act XI of 1852, Bombay Revenue Jurisdiction Act,
1876, Dekkhan Agriculturists’ Relief Act, 1879, Transfer of Property Act, 1882,
Land Acquisition Act, 1894, Code of Criminal Procedure, 1898, Co-operatilve
Societies Act, 1912, Bombay Acts II and VII of 1863, Bom. Act I of 1865, Bom. Act
IV of 1868, Bombay Irrigation Act, 1879, Bombay Local Boards Act, 1923 and the
Bombay Village Panchayats Act, 1933, includes in relation to the Saurashtra area of
the State of Bombay a reference to the corresponding law in force in that area.”
3. After section 13, the following shall be inserted, namely :—
“13A. Whenever it may appear necessary to the State Government, the State
Government may invest any officer subordinate in rank to a Mamlatdar or Mahalkari
but not inferior in rank to that of Aval Karkun, with such of the duties and powers
of a Mamlatdar or a Mahalkari, within the local limits of a taluka or a mahal as the
State Government may from time to time see fit and the State Government may also
from time to time direct whether the immediate superior of such officer shall, for the
purposes of section 203, be deemed to be the Mamlatdar or the Assistant or Deputy
Collector or the Collector in charge of the taluka.”
4. Section 50 shall be deleted.
5. In section 58, the word “hereditary” at both the places where it occurs shall
be deleted.
6. After section 74, the following shall be inserted, namely :—
“75. When a lump assessment is fixed upon several fields or survey numbers
in the aggregate, it shall not be lawful for the occupant to relinquish as aforesaid
anyone or more of such fields or survey numbers except with the previous consent
of the Collector. It shall be competent to the Collector to grant or refuse the consent;
if he grants it, the occupancy shall be divided and the Collector shall determine
the proportional amount of land revenue to be paid by each portion of it and the
original occupant and the person if any in whose favour he relinquishes a portion
of his occupancy shall be held lilable for the revenue severally assessed on their
portions”.
1. Schedule J was added by Bom. 41 of 1959, s. 4.
2. Clauses 1, 9 and 11 were deleted by Guj. 35 of 1965, s. 15.
Power to Invest Officer
not inferior to Aval
Karkun with duties and
powers of Mamlatdar
or Mahalkari.
X of 1876.
XVII of 1879.
IV of 1882.
I of 1894.
V of 1898.
II of 1912.
Bom.VI I o f
1879.
B o m . V I o f
1923.
Bom. VI of
1933.
Bar against relinquish-
ment where lump
assessment has been
fixed upon fields, etc.
1879 : Bom. V ] Gujarat Land Revenue Code, 1879 99
7. Section 84-1A shall be deleted.
8. In section 117R, for the words, brackets and figures “Bombay Land Revenue
Code” (Amendment ) Act, 1939” the words, brackets and figures “the Bombay
Land Revenue Code (Extension to Saurashtra Area) Act, 1959” shall be substituted.
1[ 9. * * * * ]
10. In section 135G, for clause (a) the following shall be substituted :—
“(a) (1) Any revenue officer or village accountant may, for the purpose of
preparing or revising any map or plan required for or in connection with any
right under this Chapter, require by general notice or by summons the attendance
of holders of land and of all persons interested therein, in person or by legally
constituted agents duly instructed and able to answer all material questions and the
presence of taluka and village officers who in their several stations and capacities
are, legally or by usage, bound to perform service in virtue of their respective
offices and may also require from them such assistance in the operation of the
survey and such service in connection therewith, as may not be inconsistent with
the position of the individual so called on.
(2) Such revenue officer or village accountant may also for the said purpose call
upon all holders of land and other persons interested therein to assist in the measurement
or classification of the lands to which the survey extends by furnishing flag holders,
and”
1[ 11. * * * * ]
12. In section 136, in sub-section (1), the proviso shall be deleted.
13. In section 187,—
(i) the words “or Regulation” wherever they occur shall be deleted
(ii) after the words “or under any Act” where they occur for the second time, the
words “or Ordinance” shall be inserted;
(iii) after the clause beginning with the words “and all monies due by any
contractor” and ending with the words “under the terms of his agreement”
the following clause shall be inserted :—
“and all monies due by any person on account of loan advanced to him by any
Bank owned or managed, either wholly or partially by the State Government”.
14. After section 218, the following new sections shall be inserted, namely :—
“219. (1) The Bombay Land Revenue Code, 1879, as applied to the Saurashtra
area of the State of Bombay by the State of Saurashtra (Application of Central and
Bombay Acts) Ordinance, 1948, is hereby repealed :
Provided that unless a different intention appears, the repeal shall not in relation
to the Saurashtra area of the State of Bombay :—
(a) revive anything not in force or existing at the time at which the repeal takes
effect; or
1 Clauses 1, 9 and 11 were deleted by Guj. 35 of 1965, s. 15.
Bom. XII of
1959.
Bom. V of
1879. Sau. Ord.
XXV of 1948.
Repeal of Bom. V of
1879 as in force in
Saurashtra area of
State of Bombay.
100 Gujarat Land Revenue Code, 1879 [1879 : Bom. V
(b) affect the previous operation of the Act so repealed or anything duly done
or suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred
under the Act so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence
committed against the Act so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
(f) affect the levy, assessment, collection or refund of any sum due on account of
land revenue, any quit rent, nazaranas, succession duties and forfeitures, and any
cesses, profits from lands, emoluments, fees, charges and cost which may have
become payable or leviable under the Act so repealed before the commencement
of this Act in the Saurashtra area aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued
or enforced, and any such penalty, forfeiture or punishment may be imposed and any
such sum due on account of land revenue and any quit rents, nazaranas, sucesssion duties
and forfeitures and any cesses, profits from lands, emoluments, fees, charges, penalties,
fines and costs may be paid, levied, assessed or collected or refund thereof made as if
the Bombay Land Revenue Code (Extension to Saurashtra Area ) Act 1959, had not
been passed :
Provided further, but subject to the preceding proviso, anything done or action
taken [ including any rules, regulations, orders, notifications and forms made or issued
and in force, immediately before the commencement of the Bombay Land Revenue
Code (Extension to Saurashtra Area) Act, 1959, all notices issued and all enquiries
made] under the Act so repealed shall be deemed to have been done or taken under the
corrresponding provisions of this Act and shall continue to be in force accordingly,
unless and until superseded by anything done or any action taken under this Act.
(2) Any reference to the Act so repealed or any provision thereof or any officer
appointed or any authority appointed or constituted by the Act so repealed, in any
law for the time being in force in the Saurashtra area of the State of Bombay or in
any instrument or other document shall be construed as a reference to this Act or the
relevant provision thereof, or to the officer or authority respectively, and the officer
or authority shall have and exercise all the powers under such law, instrument or
document.
220. If any difficulty arises in giving effect to the provisions of this Act, the State
Government may by order published in the Official Gazette make such provision or
give such direction as appears to it to be necessary for removing the difficulty.”.]
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Bom. XLI of
1959.
Bom. XLI of
1959.
Removal of difficulties.
Printed at the Government Press, Vadodara.