Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Gujarat Tenancy And Agricultural Lands Laws (Amendment) Act, 1997 7 of 1997 [06 March 1997] CONTENTS 1. Short Title And Commencement 2. Amendment Of Section 43 Of Bom. Lxvii Of 1948 3. Insertion Of New Section In Bom. Lxvii Of 1948 4. Amendment Of Section 82 Of Bom. Lxvii Of 1948 5. Insertion Of New Section In Sau. Ord. Xli Of 1949 6. Amendment Of Section 73 Of Sau. Ord. Xli Of 1949 7. Amendment Of Section 57 Of Bom. Xcix Of 1958 8. Insertion Of New Section In Bom. Xcix Of 1958 9. Amendment Of Section 118 Of Bom. Xcix Of 1958 10. Repeal And Saving Gujarat Tenancy And Agricultural Lands Laws (Amendment) Act, 1997 7 of 1997 [06 March 1997] AN ACT further to amend the Bombay Tenancy and Agricultural Lands Act, 1948, the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 and the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958. It is hereby enacted in the Forty-eighth Year of the Republic of India as follows:- 1. Short Title And Commencement :- (1) This Act may be called the Gujarat Tenancy and Agricultural Lands Laws (Amendment) Act, 1997. (2) It shall be deemed to have come into force on the 24th December, 1996. 2. Amendment Of Section 43 Of Bom. Lxvii Of 1948 :- In the Bombay Tenancy and Agricultural Lands Act, 1948(Bom. LXVII of 1948) (hereinafter referred to as "the Bombay Tenancy and Agricultural Lands Act"), in section 43,-- (1) after sub-section (1B), the following new sub-section shall be inserted, namely :-- "(1C) The land to which sub-section (1) applies and for which no permission is required under sub-section (1) of section 65B of the Bombay Land Revenue Code, 1879 for use of such land for a bonafide industrial purpose may, notwithstanding anything contained in sub-section (1) of this section, be sold without the previous sanction of the Collector under sub-section (1) but subject t o payment of such amount as may be determined by the State Government under sub-section (1)."; (2) in sub-section (2), after the words, brackets and figure "sub- section (1)", the words, brackets, figure and letter "or sub-section (1C)" shall be inserted. 3. Insertion Of New Section In Bom. Lxvii Of 1948 :- In the Bombay Tenancy and Agricultural Lands Act, after section 63A, the following new section shall be inserted, namely :-- "63AA. Sale of land for bonafide industrial purpose permitted in certain cases.-(1) Nothing in section 63 shall prohibit the sale or t h e agreement for the sale of land for which no permission is required under sub-section (1) of section 65B of the Bombay Land Revenue Code, 1879(Bom. V of 1879) in favour of any person for use of such land by such person for a bonafide industrial purpose : Provided that-- (a) the land is not situated within the urban agglomeration as defined in clause (n) of section 2 of the Urban Land (Ceiling and Regulation) Act, 1976(33 of 1976), (b) where the area of the land proposed to be sold exceeds ten hectares, the person to whom the land is proposed to be sold in pursuance of this sub-section shall obtain previous permission of the Industries Commissioner, Gujarat State or such other officer, as the State Government may, by an order in writing, authorise in this behalf, (c) the area of the land proposed to be sold shall not exceed four times the area on which construction for a bonafide industrial purpose is purposed to be made by the purchaser. Provided that any additional land which may be required for pollution control measures or required under any relevant law for the time being in force and certified as such by the relevant authority under that law shall not be taken into account for the purpose of computing four times the area, (d) where the land proposed to be sold is owned by a person belonging in the Scheduled Tribe, the sale shall be subject to the provisions of section 73AA of the Bombay Land Revenue Code, 1879(Bom. V of 1879), (2) Nothing in section 63A shall apply to any sale made in pursuance of sub-section (1). (3) (a) Where the land is sold to a person in pursuance of sub- section (1) (hereinafter referred to as "the purchaser"), he shall within thirty days from the date of the purchase of the land for a bonafide industrial purpose, send a notice of such purchase in such form alongwith such other particulars as may be prescribed, to the Collector and endorse a copy thereof 10 the Mamlatdar. (b) Where the purchaser fails to send the notice and other particulars to the Collector under clause (a) within the period specified therein, he shall be liable to pay, in addition to the non- agricultural assessment leviable under this Act, such fine not exceeding two thousand rupees as the Collector may, subject to rules made under this Act, direct. (c) Where, on receipt of the notice of the date of purchase for the use of land for a bonafide industrial purpose and other particulars sent by the purchaser under clause (a), the Collector, after making such inquiry as be deems fit-- (i) is satisfied that the purchaser of such land has validly purchased the land for a bonafide industrial purpose in conformity with the provisions of sub-section (1), he shall issue a certificate to that effect to the purchaser in such form and within such time as may be prescribed, (ii) is not so satisfied, he shall, after giving the purchaser an opportunity of being heard, refuse to issue such certificate and on such refusal, the sale of land to the purchaser shall be deemed to be in contravention of section 63. (d) (i) The purchaser aggrieved by the refusal to issue a certificate by the Collector under sub-clause (ii) of clause (c) may file an appeal to the Suite Government or such officer, as it may, by an order in writing, authorise in this behalf. (ii) The State Government or the authorised officer shall, after giving the appellant an opportunity of being heard, pass such order on the appeal as it or he deems fit. (4) (a) The purchaser shall comply with the provisions of any law for the time being in force or any order or direction of the Central Government or State Government or any Corporation owned or controlled by such Government, Government Company, local authority or statutory authority in relation to use of land for industrial purpose before the land is put to use for such purpose. (b) The purchaser to whom a certificate is issued under sub-clause (i) of clause (c) of sub-section (3) shall commence industrial activity on such land within three years from the date of such certificate and commence production of goods or providing of services within five years from such date : Provided that the period of three years or, as the case may be, five years may, on an application made by the purchaser in that behalf, be extended from time to time, by the State Government or such officer, as it may, by an order in writing, authorise in this behalf, in such circumstances as may be prescribed. (5) Where the Collector after making such inquiry as he deems fit and giving the purchaser an opportunity of being heard, comes to a conclusion that the purchaser has failed to commence industrial activity or production of goods or providing of services within the period specified in clause (b) of sub-section (4), or the period extended under the proviso to that clause, the land shall vest is the Stale Government free from all encumbrances on payment to the purchaser of such compensation as the Collector may determine, having regard to the price paid by the purchaser and such land shall be disposed of by the State Government, having regard to the use of land.". 4. Amendment Of Section 82 Of Bom. Lxvii Of 1948 :- In the Bombay Tenancy and Agricultural Lands Act, in section 82, in sub-section (2), after clause (ka), the following new clause shall be inserted, namely :-- "(kaa) the form of notice and particulars to be sent under clause (a), the rules subject to which the Collector may direct the payment of fine under clause (b), the form of and the time within which a certificate is to be issued under sub-clause (i) of clause (c), of sub-section (3) and the circumstances in which the period may be extended under the proviso to clause (b) of sub-section (4), of section 63AA;". 5. Insertion Of New Section In Sau. Ord. Xli Of 1949 :- I n the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance 1949 (Sau. Ord. XLI of 1949.) (hereinafter referred to as "the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance"), after section 54, the following new section shall be inserted, namely :-- "55. Sale of land for bonafide industrial purpose permitted in certain cases.-(1) Nothing in section 54 shall prohibit the sale or the agreement for the sale of land for which no permission is required under sub- section (1) of section 65B of the Bombay Land Revenue Code, 1879(Bom. V or 1879) in favour of any person for use of such land by such person for a bonafide industrial purpose : Provided that-- (a) the land is not situated within the Urban agglomeration as defined in clause (n) of section 2 of the Urban Land (Ceiling and Regulation) Act, 1976(33 of 1976), (b) where the area of the land proposed to be sold exceeds ten hectares, the person to whom the land is proposed to be sold in pursuance of this sub-section shall obtain previous permission of the industries Commissioner. Gujarat State or such other officer, as the State Government may, be an order in writing, authorise in this behalf, (c) the area of land proposed to be sold shall not exceed four times the area on which construction for a bonafide industrial purpose is proposed to be made by the purchaser. Provided that any additional land which may be required for pollution control measures or required under any relevant law for the time being in force and certified as such by the relevant authority under that law shall not be taken into account for the purpose of computing four times the area, (d) where the land proposed to be sold is owned by a person belonging to the Scheduled Tribe the sale shall be subject in the provisions of section 73AA o the Bombay Land Revenue Code, 1879(Bom. V of 1879). (2) (a) Where the land is sold to a person in pursuance of sub- section (1) (hereinafter referred to as "the purchaser"), he shall within thirty days from the date of the purchase of the land for a bonafide industrial purpose, send a notice of such purchase in such form alongwith such other particulars as may be prescribed, to the Collector and endorse a copy thereof to the Mamlatdar. (b) Where the purchaser fails to send the notice and other particulars to the Collector under clause (a) within the period specified therein, he shall be liable to pay, in addition to the non- agricultural assessment leviable under this Ordinance, such fine not exceeding two thousand rupees as the Collector may, subject to rules made under this Ordinance, direct. (c) Where, on receipt of the notice of the date of purchase for the use of land for a bonafide industrial purpose and other particulars sent by the purchaser under clause (a), the Collector, after making such inquiry as he deems fit--, (i) is satisfied that the purchaser of such land has validly purchased the land for a bonafide industrial purpose in conformity with the provisions of sub-section (1), be shall issue a certificate to that effect to the purchaser in such form and within such time as may be prescribed, (ii) is not so satisfied, he shall, after giving the purchaser an opportunity of being heard, refuse to issue such certificate and on such refusal, the sale of land to the purchaser shall be deemed to be in contravention of section 54. (d) (i) The purchaser aggrieved by the refusal in issue a certificate by the Collector under sub-clause (ii) of clause (c) may file an appeal to the State Government or such officer, as it may, by an order in writing, authorise in this behalf. (ii) The State Government or the authorised, officer shall, after giving the appellant an opportunity of being heard, pass such order on the appear as it or he deems fit. (3) (a) The purchaser shall comply with the provisions of any law for the time being in force or any order or direction of the Central Government or State Government or any Corporation owned or controlled by such Government, Government Company, local authority or statutory authority in relation to use of land for industrial purpose before the land is put to use for such purpose. (b) The purchaser to whom a certificate is issued under sub-clause (i) of clause (c) of sub-section (2) shall commence industrial activity on such land within three years from the date of certificate and commence production of goods or providing of services within five years from such date : Provided that the period of three years or, as the case may be, five years may. on an application made by the purchaser in that behalf be extended from time to time, by the State Government or such officer, as it may, by an order in writing, authorise in this behalf, in such circumstances as may be prescribed. (4) Where the Collector, after making such inquiry as he deems fit and giving the purchaser an opportunity of being beard, comes to a conclusion that the purchaser has failed to commence industrial activity or production of goods or providing of services within the period specified in clause (b) of sub-section (3), or the period extended under the proviso to that clause, the land shall vest in the State Government free from all encumbrances on payment to t h e purchaser of such compensation as the Collector may determine, having regard to the price paid by the purchaser and such land shall be disposed of by the State Government, having regard to the use of land.". 6. Amendment Of Section 73 Of Sau. Ord. Xli Of 1949 :- I n the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, in section 73, for sub-sections (2) and (3), the following sub-sections shall be substituted, namely :-- "(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for the following matters :-- (a) the manner of determining debts and liabilities under section 43; (b) the manner of notifying liquidation scheme sanctioned under section 47; (c) the conditions subject to which permission to acquire land or interest therein may be granted under section 54; (d) the form of notice and particulars to be sent under clause (a), the rules subject to which the Collector may direct the payment of fine under clause (b), the form of and the time within which a certificate is to be issued under sub-clause (i) of clause (c), of sub- section (2) and the circumstances in which the period may be extended under the proviso to clause (b) of sub-section (3), of section 55; and (e) any other matter which is to be or may be prescribed under this Ordinance. (3) Rules made under this section shall be subject to the condition of previous publication in the Official Gazette. (4) All rules made under this section shall be laid before the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following. (5) Any modifications so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.". 7. Amendment Of Section 57 Of Bom. Xcix Of 1958 :- In the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 (Bom. XCIX of 1958.) (hereinafter referred to as "the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act") in section 57,-- (1) after sub-section (1), the following new sub-section shall be inserted, namely :-- "(1A) The land to which sub-section (1) applies and for which no permission is required under sub-section (1) of section 65B of the Bombay Land Revenue Code, 1879 (Bom. V of 1879) for use of such land for a bonafide industrial purpose may, notwithstanding anything contained in sub-section (7) of this section, be sold without the previous sanction of the Collector under sub-section (1)."; (2) in sub-section (2), after the words, brackets and figure "sub- section (1)"; the words, brackets, figure and letter "or sub-section (1A)" shall be inserted. 8. Insertion Of New Section In Bom. Xcix Of 1958 :- In the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, after section 89, the following new section shall be inserted, namely :-- "89A. Sate of land for bonafide industrial purpose permitted in certain cases.- (1) Nothing in section 89 shall prohibit the sale or the agreement for the sale of land for which no permission is required under sub- section (1) of section 65B of the Bombay Land Revenue Code, 1879 (Bom. V of 1879) in favour of any person for use of such land by such person for a bonafide industrial purpose : Provided that-- (a) the land is not situated within the urban agglomeration as defined in clause (n) of section 2 of the Urban Land (Ceiling and Regulation) Act, 1976(33 of 1976), (b) where the area of the land proposed to be sold exceeds ten hectares, the person to whom the land is proposed to be sold in pursuance of this sub-section shall obtain previous permission of the Industries Commissioner, Gujarat State, or such other officer, as the State Government may, by an order in writing, authorise in this behalf, (c) the area of the land proposed to be sold shall not exceed four times the area on which construction for a bonafide industrial purpose is proposed to be made by the purchaser : Provided that any additional land which may be required for pollution control measures or required under any relevant law for the time being in force and certified as such by the relevant authority under that law shall not be taken into account for the purpose of computing four times the area. (d) where the land proposed to be sold is owned by a person belonging to the Scheduled Tribe, the sale shall be subject to the provisions of section 73AA of the Bombay Land Revenue Code, 1879(Bom. V of 1879). (2) Nothing in section 90 shall apply to any sale made in pursuance of subsection (1). (3) (a) Where the land is sold to a person in pursuance of sub- section (1) (hereinafter referred to as "the purchaser"), he shall within thirty days from the date of the purchase of the land for bonafide industrial purpose, send a notice of such purchase in such form alongwith such other particulars as may be prescribed, to the Collector and endorse a copy thereof to the Mamlatdar. (b) Where the purchaser fails to send the notice and other particulars to the Collector under clause (a) within the period specified therein, he shall be liable to pay, in addition to the non- agricultural assessment leviable under this Act, such fine not exceeding two thousand rupees as the Collector may subject to rules made under this Act, direct. (c) Where, on receipt of the notice of the date or purchase for the use of land for a bonafide industrial purpose and other particulars sent by the purchaser under clause (a), the Collector, after making such inquiry as he deems fit--; (i) is satisfied that the purchaser of such land has validly purchased the land for a bonafide industrial purpose in conformity with the provisions of sub-section (1), he shall issue a certificate to that effect to the purchaser in such form and within such time as may be prescribed, (ii) is not so satisfied, he shall, after giving the purchaser an opportunity of being heard, refuse to issue such certificate and on such refusal, the sale of land to the purchaser shall be deemed to be in contravention of section 89. (d) (i) The purchaser aggrieved by the refusal to issue a certificate by the Collector under sub-clause (ii) of clause (c) may file an appeal to the State Government or such officer, as it may, by an order in writing, authorise in this behalf. (ii) The State Government or the authorised officer shall, after giving the appellant an opportunity of being heard, pass such order on the appeal as it or he deems fit. (4) (a) The purchaser shall comply with the provisions of any law for the time being in force or any order or direction of the Central Government or State Government or any Corporation owned or controlled by such Government, Government Company, local authority or statutory authority in relation to use of land for industrial purpose before the land is put to use for such purpose. (b) The purchaser to whom a certificate is issued under sub-clause (i) of clause (c) of sub-section (3), shall commence industrial activity on such land within three years from the date of such certificate and commence production of goods or providing of services within five years from such date : Provided that the period of three years or, as the case may be, five years may, on an application made by the purchaser in that behalf, be extended from time to time, by the State Government or such officer, as it may, by an order in writing authorise in this behalf, in such circumstances as may be prescribed. (5) Where the Collector, after making such inquiry as he deems fit and giving the purchaser an opportunity of being heard, comes to a conclusion that the purchaser has failed to commence industrial activity or production of goods or providing of services within the period specified is clause (b) of sub-section (4), or the period extended under the proviso to that clause the land shall vest in the State Government free from all encumbrances on payment to the purchaser of such compensation as the Collector may determine, having regard to the price paid by the purchaser and such land shall be disposed of by the State Government, having regard to the use of land " 9. Amendment Of Section 118 Of Bom. Xcix Of 1958 :- In the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, in section 118, in sub-section (2), after clause (xix), the following new clause shall be inserted, namely:-- (xix-a) the form of notice and particulars to be sent under clause (a), the rules subject to which Collector may direct the payment of line under clause (b), the form of and the time within which a certificate is to be issued under sub-clause (i) of clause (c), of sub- section (3) and the circumstances in which the period may be extended under the proviso to clause (b) of sub-section (4), of section 89A;". 10. Repeal And Saving :- (1) The Gujarat Tenancy and Agricultural Lands Laws (Amendment) (Second) Ordinance. 1996 (Guj. Ord. 21 of 1996), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the respective Acts, as amended by the said Ordinance, shall be deemed to have been done or taken under the respective Acts, as amended by this Act.