The Gujarat Land Grabbing (Prohibition) Act, 2020.

{
    "id": 627,
    "slug": "gujarat-land-grabbing-prohibition-act-2020",
    "title": "The Gujarat Land Grabbing (Prohibition) Act, 2020.",
    "short_title": "The Gujarat Land Grabbing (Prohibition) Act, 2020.",
    "act_number": "11",
    "act_year": 2020,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "valid",
    "enactment_date": "2020-08-29",
    "description": "The Gujarat Land Grabbing (Prohibition) Act, 2020.",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "Section 1. Short title, extent and commencement.",
            "chapter": null,
            "content": "(1) This Act may be called the Gujarat Land Grabbing (Prohibition) Act, 2020.\r\n(2) It extends to the whole of the State of Gujarat.\r\n(3) It shall be deemed to have come into force on the 29th August, 2020.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "Section 2. Definitions. (a)",
            "chapter": null,
            "content": "(a) “Committee” means a committee notified from time to time by\r\nthe State Government under the chairmanship of District\r\nCollector for the purposes of this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "2",
            "title": "Section 2. Definitions. (b)",
            "chapter": null,
            "content": "(b) “Government’’ means the Government of Gujarat;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 3
        },
        {
            "number": "2",
            "title": "Section 2. Definitions. (c)",
            "chapter": null,
            "content": "(c) \"land\" includes rights in or over land, benefits to arise out of land\r\nand buildings, structures and other things attached to the earth or\r\npermanently fastened to anything attached to the earth;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 4
        },
        {
            "number": "2",
            "title": "Section 2. Definitions. (d)",
            "chapter": null,
            "content": "(d) \"land grabber\" means a person who commits land grabbing and\r\nincludes any person who gives financial aid to any person for\r\ntaking illegal possession of lands or for construction of\r\nunauthorized structures thereon, or who collects or attempts to\r\ncollect from any occupiers of such lands rent, compensation and\r\nother charges by criminal intimidation, or who abets the doing\r\nof any of the above mentioned acts, and also includes the\r\nsuccessors-in-interest;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 5
        },
        {
            "number": "2",
            "title": "Section 2. Definitions. (e)",
            "chapter": null,
            "content": "(e) \"land grabbing\" means every activity of land grabber to occupy\r\nor attempt to occupy with or without the use of force, threat,\r\nintimidation and deceit, any land (whether belonging to the\r\nGovernment, a Public Sector Undertaking, a local authority, a\r\nreligious or charitable institution or any other private person)\r\nover which he or they have no ownership, title or physical\r\npossession, without any lawful entitlement and with a view to\r\nillegally taking possession of such land or creating illegal\r\ntenancies or lease or licence, agreements or transfer or sale or by\r\nconstructing unauthorized structures thereon for sale or hire or\r\nuse or occupation of such unauthorized structures and the term\r\n“grabbed land” shall be construed accordingly;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 6
        },
        {
            "number": "2",
            "title": "Section 2. Definitions. (f)",
            "chapter": null,
            "content": "(f) \"person\" includes a group or body of persons, an association or\r\na company, or a religious or charitable institution or endowment,\r\nwhether incorporated or not;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 7
        },
        {
            "number": "2",
            "title": "Section 2. Definitions. (g)",
            "chapter": null,
            "content": "(g) “prescribed” means prescribed by rules made under this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 8
        },
        {
            "number": "2",
            "title": "Section 2. Definitions. (h)",
            "chapter": null,
            "content": "(h) ‘Special Court’ means a Special Court constituted under section",
            "footnote": "",
            "is_definition": true,
            "sort_order": 9
        },
        {
            "number": "2",
            "title": "Section 2. Definitions. (i)",
            "chapter": null,
            "content": "(i) “unauthorized structures” means any structure constructed,\r\nwithout express permission in writing of the competent\r\nauthority, or except in accordance with any law for the time\r\nbeing in force in the area.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 10
        },
        {
            "number": "3",
            "title": "Section 3. Land grabbing to be unlawful.",
            "chapter": null,
            "content": "The land grabbing in any form shall be prohibited and declared\r\nunlawful and any activity connected with or arising out of land grabbing shall\r\nbe an offence punishable under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "4",
            "title": "Section 4. Prohibition on land grabbing.",
            "chapter": null,
            "content": "(1) No person shall commit or cause to be committed land grabbing,\r\nby himself or through any other person.\r\n(2) Any person who, on or after the commencement of this Act, continues to\r\nbe in occupation, otherwise than as a lawful tenant, of a grabbed land\r\nbelonging to the Government, local authority, religious or charitable\r\ninstitution or endowment or other private person, shall be guilty of an offence\r\nunder this Act.\r\n(3) Whoever contravenes the provisions of sub-section (1) or sub-section (2)\r\nshall on conviction, be punished with imprisonment for a term which shall\r\nnot be less than ten years but which may extend to fourteen years and with\r\nfine which may extend to Jantri value of such properties. ",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "5",
            "title": "Section 5. Penalty for other offences in connection with land grabbing.",
            "chapter": null,
            "content": "Whoever, with a view to grabbing land in contravention of the\r\nprovisions of this Act or in connection with any such land grabbing,-\r\n(a) sells or allots, or offers or advertises for sale or allotment, or has\r\nin his possession for the purpose of sale or allotment any land\r\ngrabbed;\r\n(b) instigates or incites any person to commit land grabbing;\r\n(c) uses any land grabbed or causes or permits knowingly to be used\r\nfor purposes, connected with sale or allotment; or\r\n(d) enters into an agreement for construction of any structure or\r\nbuildings on such land;\r\n(e) causes or procures or attempts to procure any person to do any\r\nof above mentioned acts;\r\nshall, on conviction, be punished with imprisonment for a term which\r\nshall not be less than ten years but which may extend to fourteen years\r\nand with fine which may extend to Jantri value of such properties.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "6",
            "title": "Section 6. Offences by companies.",
            "chapter": null,
            "content": "(1) If the person contravening the provisions of this Act is a company,\r\nevery person who, at the time the contravention was committed, was in\r\ncharge of, and was responsible to, the company for the conduct of the\r\nbusiness of the company as well as the company, shall be deemed to be guilty\r\nof the contravention and shall be liable to be proceeded against and\r\npunished accordingly:\r\nProvided that nothing contained in this sub-section shall render any\r\nsuch person liable to any punishment if he proves that the contravention took\r\nplace without his knowledge or that he exercised all due diligence to prevent\r\nsuch contravention.\r\n(2) Notwithstanding anything in sub-section (1), where any offence under\r\nthis Act has been committed by a company and it is proved that the offence\r\nhas been committed with the consent or connivance of, or that the\r\ncommission of the offence is attributable to any neglect on the part of any\r\ndirector, manager, secretary or other officer of the company, such director,\r\nmanager, secretary or other officer shall also be deemed to be guilty of that\r\noffence and shall be liable to be proceeded against and punished accordingly.",
            "footnote": "Explanation:— For the purposes of this section:-\r\n(a) \"Company\" means anybody corporate and includes firm or other\r\nassociation of individuals; and\r\n(b) \"Director\" in relation to a firm, means a partner in the firm.",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "7",
            "title": "Section 7. Constitution of Special Courts.",
            "chapter": null,
            "content": "(1) The State Government may, with the concurrence of the Chief\r\nJustice of the High Court of Gujarat, by notification in the Official Gazette\r\nconstitute one or more Special Courts for such area or areas, or for such cases\r\nor class or group of cases, as may be specified in the notification\r\n",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "8",
            "title": "Section 8. Public Prosecutor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "9",
            "title": "Section 9. Procedure and powers of Special Courts.",
            "chapter": null,
            "content": "(1) The Special Court may, either suo moto or on application made\r\nby any person, or any officer authorized by District Collector, take\r\ncognizance of and try every case arising out of any alleged act of land\r\ngrabbing or with respect to the ownership and title to, or lawful possession\r\nof, the land grabbed, whether before or after the commencement of this Act,\r\nand pass such orders (including orders by way of interim directions) as it\r\ndeems fit.\r\n(2) Notwithstanding anything in the Code of Civil Procedure, 1908, any\r\ncase in respect of an alleged act of land grabbing or the determination of\r\nquestion of title and ownership to, or lawful possession of any land grabbed \r\nunder this Act, shall, subject to the provisions of this Act, be triable in the\r\nSpecial Court and the decision of Special Court shall be final.\r\n(3) Notwithstanding anything in the Code of Civil Procedure 1908, the\r\nSpecial Court may follow its own procedure which shall not be inconsistent\r\nwith the principles of natural justice and fair play and subject to the other\r\nprovisions of this Act and of any rules made thereunder while deciding the\r\nCivil liability,\r\n(4) Notwithstanding anything in the Code of Criminal Procedure, 1973,\r\nit shall be lawful for the Special Court to try all offences punishable under\r\nthis Act.\r\n(5) The Special Court shall determine the order in which the civil and\r\ncriminal liability against a land grabber be initiated. It shall be within the\r\ndiscretion of the Special Court whether or not to deliver its decision or order\r\nuntil both civil and criminal proceedings are completed. The evidence\r\nadmitted during the criminal proceeding may be made use of while trying the\r\ncivil liability. But additional evidence, if any, adduced in the civil\r\nproceedings shall not be considered by the Special Court while determining\r\nthe criminal liability. Any person accused of land grabbing or the abetment\r\nthereof before the Special Court shall be a competent witness for the defence\r\nand may give evidence on oath in disproof of the charge made against him\r\nor any person charged together with him in the criminal proceeding:\r\nProvided that he shall not be called as a witness except on his own\r\nrequest in writing or his failure to give evidence shall be made the subject of\r\nany comment by any of the parties or the special court or give rise to any\r\npresumption against himself or any person charged together with him at the\r\nsame proceeding.\r\n(6) Every case under sub-section (1) shall be disposed off finally by the\r\nSpecial Court, as far as possible, within a period of six months from the date\r\nof institution of the case before it.\r\n(7) Every finding of the Special Court with regard to any alleged act of land\r\ngrabbing shall be conclusive proof of the fact of land grabbing and of the\r\npersons who committed such land grabbing, and every judgment of the\r\nSpecial Court with regard to the determination of title and ownership to, or\r\nlawful possession of, any land grabbed shall be binding on all persons having\r\ninterest in such land.\r\n(8) When an offence of land grabbing is proved, the Special Court may if it\r\nthinks fit, order that possession of the same be restored to that person after\r\nevicting by force, if necessary, any other person who may be in possession\r\nof the property.\r\n(9) It shall be lawful for the Special Court to pass such order as it may deem\r\nfit to advance the cause of justice. It may award compensation in terms of\r\nmoney for wrongful possession of the land grabbed which shall not be less\r\nthan an amount equivalent to the Jantri value of the land grabbed as on the\r\ndate of the order and profits accrued from the land payable by the land\r\ngrabber to the owner of the grabbed land and may direct re-delivery of the\r\ngrabbed land to its rightful owner. The amount of compensation and profits,\r\nso awarded and costs of re-delivery, if any, shall be recovered as an arrear of\r\nland revenue in case the Government is the owner, or as a decree of a civil\r\ncourt, in any other case to be executed by the Special Court:\r\nProvided that the Special Court shall, before passing an order under\r\nthis sub-section, give to the land grabber an opportunity of making his\r\nrepresentation or of adducing evidence, if any, in this regard, and consider\r\nsuch representation and evidence.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "10",
            "title": "Section 10. Special Court to have powers of Civil Court and the Court of Sessions.",
            "chapter": null,
            "content": "Save as expressly provided in this Act, the provisions of the Code of\r\nCivil Procedure, 1908 and the Code of Criminal Procedure, 1973, in so far\r\nas they are not inconsistent with the provisions of this Act, shall apply to the\r\nproceedings before the Special Court and for the purposes of the provisions\r\nof the said enactments, Special Court shall be deemed to be a Civil Court, or\r\nas the case may be, a Court of Sessions and shall have all the powers of a\r\nCivil Court and a Court of Sessions and person conducting a prosecution\r\nbefore the Special Court shall be deemed to be an Assistant Public\r\nProsecutor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "11",
            "title": "Section 11. Burden of proof.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "12",
            "title": "Section 12. Information to be recorded and investigation to be carried out by the police officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "13",
            "title": "Section 13. Persons acting under the Act to be public servants. 7",
            "chapter": null,
            "content": "Every person acting under the provisions of this Act shall be deemed\r\nto be a public servant within the meaning of section 21 of the Indian Penal\r\nCode.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "14",
            "title": "Section 14. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "15",
            "title": "Section 15. Act to override other laws.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "16",
            "title": "Section 16. Power to make rules.",
            "chapter": null,
            "content": "(1) The State Government may, by notification in the Official\r\nGazette, make rules to carry out the purposes of this Act.\r\n(2) All rules made under this section shall be laid for not less than thirty\r\ndays before the State Legislature as soon as possible after they are made, and\r\nshall be subject to such modifications as the legislature may make during the\r\nsession in which they are so laid or the session immediately following.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "17",
            "title": "Section 17. Prohibition of alienation of lands grabbed.",
            "chapter": null,
            "content": "Any transaction relating to an alienation of a land grabbed or any part\r\nthereof by way of sale, lease, gift, exchange, settlement, surrender,\r\nusufructuary mortgage or otherwise, or any partition effected or a trust\r\ncreated in respect of such land, which has taken place whether before or after\r\nthe commencement of this Act shall, except to the extent ordered by the\r\nSpecial Court be null and void.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "18",
            "title": "Section 18. Power of State Government to remove difficulties.",
            "chapter": null,
            "content": "(1) If any difficulty arises in giving effect to the provisions of this\r\nAct, the State Government may, by order published in the Official Gazette,\r\nmake such provisions not inconsistent with the provisions of this Act, as\r\nappears to be necessary or expedient for removing the difficulty:\r\nProvided that no order under sub-section (1) shall be made after the\r\nexpiry of two years from the date of commencement of this Act.\r\n(2) Every order made under this section shall be laid, as soon as\r\nmay be after it is made, before the State Legislature.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "19",
            "title": "Section 19. Repeal and saving.",
            "chapter": null,
            "content": "(1) The Gujarat Land Grabbing (Prohibition) Ordinance, 2020 is\r\nhereby repealed.\r\n(2) Notwithstanding such repeal, anything done or any action taken\r\nunder the said Ordinance shall be deemed to have been done or taken under\r\nthe said Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        }
    ],
    "metadata": {
        "Act ID": "202011",
        "Act Number": "11",
        "Enactment Date": "2020-08-29",
        "Act Year": "2020",
        "Short Title": "The Gujarat Land Grabbing (Prohibition) Act, 2020.",
        "Long Title": "to prohibit land grabbing activities and connected matters in the State of Gujarat.",
        "Department": "Revenue Department",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:52:47"
}