The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991

{
    "id": 16836,
    "slug": "gujarat-prohibition-of-transfer-of-immovable-property-and-provision-for-protection-of-tenants-from-eviction-from-premise",
    "title": "The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991",
    "short_title": "The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991",
    "act_number": "Gujarat Act No. 12 of 1991",
    "act_year": 1991,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"disturbed area\" means an area declared as disturbed area under section 3;\n(b) \"fair value\" in relation to immovable property in disturbed areas means such value of the property as approximate the market value of such property;\n(c) \"prescribed\" means prescribed by rules made under section 12.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Declaration of disturbed area.",
            "chapter": null,
            "content": "(a) declare such area to be a disturbed area;\n(b) specify the substantial period (hereinafter referred to as \"the specified period\")",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Certain transfers of immovable property to be void.",
            "chapter": null,
            "content": "(b) On receipt of such application, the Collector shall hold a formal inquiry in the manner prescribed by the Bombay Land Revenue Code, 1879 (Bombay V of 1879) and after giving an opportunity to the transferor and the transferee to be heard and after considering a£y evidence produced, decide whether the transfer of immovable property was made by free consent of the transferor and the transferee and for a fair value of the immovable property and accordingly-\n(i) reject the application; or\n(ii) by an order in writing make a declaration that the transfer of the immovable property was made by free consent of the transferor and the transferee and for a fair value of the immovable property so transferred.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Prohibition of transfer of immovable property in disturbed areas.",
            "chapter": null,
            "content": "(b) On receipt of such application the Collector shall hold a formal inquiry in the manner provided by the Bombay Land Revenue Code, 1879 (Bombay V of 1879), and after giving an opportunity to the applicant to be heard and after considering any evidence produced, decide whether the transfer of immovable property is proposed to be made by free consent of the persons intending to be the transferor and the transferee and for a fair value of the immovable property proposed to be transferred and accordingly-\n(i) reject the application; or\n(ii) by an order in writing give previous sanction to the proposed transfer of immovable property.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Appeals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Proceedings to be judicial proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Finality of decision of Collector and State Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Sections 4 and 5 not to apply to certain transfers of immovable property.",
            "chapter": null,
            "content": "(a) a Corporation as defined in clause (b) of section 2 of the Gujarat Public Moneys (Recovery of Dues) Act, 1979 (Gujarat 17 of 1979).\n(b) A Bank as defined in clause (c) of that section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Protection of action taken under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Delegation of powers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Power to make rules.",
            "chapter": null,
            "content": "(a) the period within which and the form in which, an application may be made under clause (a) of the sub-section (2) of section 4;\n(b) the period within which, and the form in which, an application may be made under clause (a) of sub-section (3) of section 5;\n(c) the manner in which, the time within which and fees on payment of which, an appeal may be filed under section 6\n(d) any other matter which is to be, or may be, prescribed by rules, made under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "11A",
            "title": "13. Insertion of new section 11A in Bombay LVII of 1947.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "13A",
            "title": "13A. Right of tenants in new buildings in disturbed areas.",
            "chapter": null,
            "content": "(a) the landlord shall erect the new building at the original site subject to the provisions of any rules, bye-laws or regulations made by a local authority not later than fifteen months from the date of the publication of the notification in the Official Gazette , issued under sub-section (1) of section 3 of the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991 (Gujarat 12 of 1991) or the date on which the material part of premises of the building is wholly destroyed or rendered substantially and permanently unfit, whichever is later:\n(b) the tenant shall have the right to occupy a tenement in the new building erected at the original site by the landlord, and the provisions of sections 17B and 17C shall, so far as may be, apply.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "12",
            "title": "14. Amendment of section 12 of Bombay LVII of 1947.",
            "chapter": null,
            "content": "\"(1A) Where by reason of any riot or violence of mob any material part of the premises in a disturbed area is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, the landlord shall not be entitled to -\n(a) the standard rent and permitted increases due for the premises,\n(b) recover possession of such premises merely on the ground of non-payment of standard rent and permitted increases due, during the period in which such premises remain so destroyed or unfit.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "17D",
            "title": "15. Insertion of new section 17D in Bombay LVII of 1947.",
            "chapter": null,
            "content": "\"17D. Vesting of original site in State Government. - (1) Where a landlord fails to erect a new building within the period specified in clause (a) of section 11A, the original site, irrespective of whether the premises thereon referred to in section 11A exist or not, shall vest in the State Government free from all encumbrances for the purpose of erection of new building to provide accommodation to tenants and there shall be paid to the landlord such compensation for such site as may, subject to such rules as may be made in this behalf under section 49, by an order, be determined by the Collector.\n\"17D. Vesting of original site in State Government.\n(2) An appeal shall lie to the State Government from an order made by the Collector under sub-section (1) determining the amount of compensation to be paid to the landlord, within thirty days from the date of communication of the order and the State Government may pass such order as it deems fit.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "40",
            "title": "16. Amendment of section 40 of Bombay LVII of 1947.",
            "chapter": null,
            "content": "(1) after clause (ai), the following clause shall be inserted, namely:-\n\"(aai) the rules subject to which compensation may be determined by the Collector under sub-section (1) of section 17D;\"\n(2) for clause (v), the following clause shall be substituted, namely:-\n\"(v) levy of court-fees in suits, appeals, proceedings and applications instituted or made before the State Government, Court, Controller or Collector.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "17",
            "title": "17. Repeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        }
    ],
    "metadata": {
        "Act ID": "guj157",
        "Act Number": "Gujarat Act No. 12 of 1991",
        "Enactment Date": "",
        "Act Year": "1991",
        "Short Title": "The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:52:49"
}