Saurashtra Gharkhed, Tenancy Settlement And Agricultural lands Ordinance, 1949

{
    "id": 16671,
    "slug": "saurashtra-gharkhed-tenancy-settlement-and-agricultural-lands-ordinance-1949",
    "title": "Saurashtra Gharkhed, Tenancy Settlement And Agricultural lands Ordinance, 1949",
    "short_title": "Saurashtra Gharkhed, Tenancy Settlement And Agricultural lands Ordinance, 1949",
    "act_number": "(Ordinance No. 41 of 1949)",
    "act_year": 1949,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Saurashtra Gharkhed, Tenancy Settlement And Agricultural lands Ordinance, 1949",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Agency\" means the former Western India and Gujarat States Agency;\n(b) \"agriculture\" includes horticulture, raising of crops fodder or garden produce, dairy farming, poultry forming, stock breeding and grazing, but does not include cutting of wood only;\n(c) \"agriculturist\" means a person who cultivates the land personally;\n(d)\"an agreeing Talukdar or Estate-holder\" means a Talukdar or Estate holder who has entered into an agreement with the Government of India to accept Zamindari of his Taluka or Estate and to merge his taluka or estate in the State of Kathiawar known thereafter as the State of Saurashtra ;\n(e) \"Bid land\" means such land as has been used by the landholder for grazing his cattle or for cutting grass for the use of his cattle for not less than 10 years previous to 1st January, 1948 ;\n(f) \"to cultivate\" means to carry on any agricultural operation ;\n(g) \"to cultivate personally\" means to cultivate on one's own account-\n(1) by one's own labour, or\n(2) by the labour of any member of one's family, or\n(3) by servants on wages payable in cash or kind, but not in crop shares or by hired labour, under one's personal super vision or of any member of one's family;\n(h) \"Gharkhed\" means land reserved by a land-holders for cultivating personally:\n(i)\"Government\" means the Government of the State of Saurashtra;\n(j)\"improvement\" means with reference to any land, any work which adds to the value of the land and which is suitable thereto as also consistent with the purpose for which it is held and includes,-\n(a) the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes ;\n(b) the construction of works for the drainage of land or for the protection of land from floods or from erosion or other damage from water;\n(c) the reclaiming, clearing, enclosing, levelling or terracing of land;\n(d) the erection of buildings on the land required for the convenient or profitable use of such land for agricultural purposes; and\n(e) the renewal or re-construction of any of the foregoing works or alterations therein or additions thereto as are not of the nature of ordinary repairs ;\nbut does not include such clearances, embankments, levelling, enclosures, temporary wells, water channels and other works as are commonly made by the tenants in the ordinary course of agriculture ;\n(k) \"land\" means land which is used for agricultural purposes and includes:-\n(a) sites of farm buildings appurtenant to land used for agricultural purposes ; and\n(b) sites of dwelling houses occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses;\n(l) \"landholder\" means a Zamindar, Jagirdar, Girasdar, Talukdar, Bhayt, Bhagdar, Mulgirasia, Barkhalidar, Inamdar, Jiwaidar or any person who is a holder of land or who is interested in land and whom the Government has declared on account of the extent and value of the land or his interests therein to be a landholder for the purposes of this Ordinance;\n(m) \"Mamlatdar\" includes a Mahalkari and any other officer whom the Government may appoint to perform the duties of a mamlatdar under this Ordinance ;\n(n) \"person\" includes an undivided Hindu family ;\n(o) \"prescribed\" means prescribed by rules made under this Ordinance;\n(p) \"profits of agriculture\" in respect of any land means the surplus remaining with the cultivator after the expenses of cultivation including wages of the cultivator working on the land are deducted from the gross produce;\n(q) \"reasonable rent\" means the rent determined under section 13 ;\n(r) \"rent\" means any consideration in money or kind paid or payable by a tenant on account of the use or occupation of the land held by him, but shall not include the rendering of any personal service or labour;\n(s) \"State\" means the State of Saurashtra;\n(t) \"tenancy\" means the relationship of landholders and tenant;\n(u) \"tenant\" means an agriculturist who holds land or lease and includes a person who is deemed to be a tenant under the provisions of this Ordinance;\n(v) \"Tribunal\" means the Agricultural Lands Tribunal constituted under section 58 ;\n(w) \"State of Saurashtra\" means the State created and established under the Covenant entered into by the rulers of Kathiawar and the Agreement entered into by the Talukdars and Estate-holders of Kathiawar and the former States of Junagadh, Manavadar, Bantwa, Sardargadh, Mangrol and Babariawad which have integrated under the Supplementary Covenant entered into by the representatives of these States and rulers of Kathiawar and includes any other State, area or territory which may hereafter integrate or merge into the State of Saurashtra;\n(x) \"year\" means the year ending on the 31st of March or on such date as the Government may, by notification appoint for any locality ;\n(y) words and expressions used in this Ordinance but not defined shall have the meaning assigned to them, as the case may be, in the Bombay Land Revenue Code, 1879, as adapted and applied to the State and the Transfer of Property Act, 1882.\n[Chapter II.]\n[3.\n[4.\n[5.\n[6.\n[7.\n[8.\n[9.\n[10.\n[11.\n[12.\n[13.\n[14.\n[15.\nChapter III.\nNon-Gharkhed Lands.\n[16.\n[17.\n[18.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "19",
            "title": "19. Modifications in the Bombay Land Revenue Code as adapted and applied.",
            "chapter": null,
            "content": "[20.\n[Chapter IV.]\n[21.\n[22.\n[Chapter V.]\n[23.\n[24.\n[25.\n[26.\n[27.\n[28.\n[29.\n[30.\n[31.\n[32.\n[33.\n[34.\nChapter VI.\nManagement of Estates Held By Landholders.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "35",
            "title": "35. Power to assume management of landholder's estate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "36",
            "title": "36. Vesting of estate in management.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "37",
            "title": "37. Effect of declaration of management.",
            "chapter": null,
            "content": "(1) All proceedings then pending in any civil court in respect of the debts and liabilities enforceable against the estate shall be stayed : and the operation of all processes, executions and attachments then in force for or in respect of such debts and liabilities shall be suspended.\n(2) So long as the management continues no fresh proceedings, processes, executions or attachments shall be instituted in or issued, enforced or executed by any civil court in respect of such debts and liabilities.\n(3) So long as the management continues the holder of the estate shall be incompetent :-\n(a) to enter any contract involving the estate in pecuniary liability;\n(b) to mortgage, charge, lease, or alienate the property under management or any part thereof; or\n(c) to grant valid receipts for the rents and profits arising or accruing therefrom:\n(4) So long as the management continues, no person other than the manager shall be competent to mortgage, charge, lease of alienate such estate or any part thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "38",
            "title": "38. Manager's powers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "39",
            "title": "39. Manager to pay costs of management, etc.",
            "chapter": null,
            "content": "(i) the costs of management including the costs of necessary repairs;\n(ii) the Government revenue and all debts and liabilities for the time being due or incurred to the Government in respect of the property under management;\n(iii) the rent, if any, due to any superior holder in respect of the said estate;\n(iv) such periodical allowances as the Collector may from time to time fix for the maintenance and other expenses of the holder and of such members of his family as the Collector directs;\n(v) the cost of such improvements of the said estate as he thinks necessary and as approved by the Collector.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "40",
            "title": "40. Notice to claimants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "41",
            "title": "41. Claim to contain full particulars.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "42",
            "title": "42. Claim not duly notified to be barred.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "43",
            "title": "43. Determination of debts and liabilities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "44",
            "title": "44. Power to rank debts and fix interest.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "45",
            "title": "45. Scheme for liquidation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "46",
            "title": "46. Provision of scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "47",
            "title": "47. Effects of sanctioning scheme.",
            "chapter": null,
            "content": "(i) all proceedings, processes, execution and attachments stayed or suspended under section 37 shall be forever barred;\n(ii) every debt or liability due or owning to any person which was provable before the manager shall be extinguished, and such person shall be entitled to receive under the liquidation scheme the amount, if any, finally awarded to him under the preceding sections in respect of such debt or liability.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "48",
            "title": "48. Power to remove mortgagee in possession.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "49",
            "title": "49. Power to sell or lease.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "50",
            "title": "50. Manager's receipt a discharge.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "51",
            "title": "51. Holder of estate dying.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "52",
            "title": "52. Termination of management.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "53",
            "title": "53. Manager deemed to be public servant.",
            "chapter": null,
            "content": "Chapter VII.\nRestriction on transfers of agricultural lands, management of uncultivated lands and acquisition of estates and lands.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "54",
            "title": "54. Transfer to non-agriculturists barred.",
            "chapter": null,
            "content": "(a) no sale (including sales in execution of a decree of a civil court or for recovery of arrears of land revenue or for suns recoverable as arrears of land revenue), gift, exchange or lease of any land [where lease is by law allowed] or interest therein, or\n(b) no mortgage of any land or interest (herein in which the possession of the mortgaged property is delivered to the mortgagee, shall be valid in favour of a person who is not an agriculturist; [or]\n[(c) no agreement made by an instrument in writing for the sale, gift, exchange, lease or mortgage of any land or interest therein:]\n[55. Sole of land for bonafide industrial purpose permitted in certain cases.\n(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).\n(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.\n(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:\n(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 73AAof the Bombay Land Revenue Code, 1879 (Bom. V of 1879).\n(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.\n(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-\n(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,\n(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.\n(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.\n(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.\n(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 :\n[56.\n[57.\n[Chapter VIII]\n[58.\n[59.\n[60.\n[61.\n[62.\n[63.\n[64.\n[65.\n[66.\n[67.\n[68.\n[69.\n[70.\n[71.\n[Chapter IX.]\n[72.\nChapter X.\nMiscellaneous.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "73",
            "title": "73. Rules.",
            "chapter": null,
            "content": "(a) the manner of determining debts and liabilities under section 43;\n(b) the manner of notifying liquidation scheme sanctioned under section 47;\n(c) the conditions subject to which permission to acquire land or interest therein may be granted under Section 54;\n(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 extends under the proviso to clause (b) of sub-section (3), of section 55, and\n(e) any other matter which is to be or may be prescribed under this Ordinance.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "74",
            "title": "74. Delegation of powers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "75",
            "title": "75. Summary eviction.",
            "chapter": null,
            "content": "(a) the transfer of which either by the act of parties or by the operation of law is invalid under the provisions of this Ordinnce,\n(b) the management of which has been assumed under the said provisions, or\n(c) to the use and occupation of which he is not entitled under the said provisions and the said provisions do not provide for the eviction of such persons, may be summarily evicted by the Collector.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "76",
            "title": "76. Bar of jurisdiction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "77",
            "title": "77. Control.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "78",
            "title": "78. Indemnity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "79",
            "title": "79. Ordinance not to apply to certain lands and areas.",
            "chapter": null,
            "content": "(a) to lands held on lease from the Government, a local authority or a cooperative society;\n(b) to lands held on lease for the benefit of an industrial or commercial undertaking ;\n[(c) * * * * * *]\n(d)to any area which the Government may, from time to time, by notification in the Official Gazette, specify as being reserved for urban non-agricultural or industrial development.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "80",
            "title": "80. Repeal.",
            "chapter": null,
            "content": "(a) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Ordinance, or\n(b) any legal proceedings or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this Ordinance, and any such proceeding shall be continued and disposed of as if this Ordinance was not passed.\n[Schedule I]\nCrop Share\nI-Name of the crop and extent of share.\nI-Name of the crop and extent of share.\n1\n2\n3\nMillet\n}\n¼\nGround-nut\n}\n1/4\nWheat\n}\n1/5\nJowar\nSeasamum\nSummer Jowar\nAdad\nKapas\nSummer Millet\nMug\nKala\nSummer Mug\nMath\nWinter Jowar\nRajka Seed\nKalthi\nBavto\nDangar\nKang\nKodara\nBanti\nGarlic (Green)\nTali\nGram\nII. - Cash rent\nII. - Cash rent\nGarlic (Dry)\n..\n..\nRs. 8-0-0 per Bigha\nSugarcane\n..\n..\nRs. 15-0-0 to Rs. 25-0-0 per Bigha\nVegetable,\n..\n..\nRs. 6-0-0 to Rs. 10-0-0 per Bigha,\nThe Schedule [II]\nOrdinances repealed\n( See section 80)\nYear\nNo.\nShort title.\n1948\nXXII\nThe Saurashtra Protection of Tenants Ordinance,\n\t\t\t\t\t1948.\n1948\nXXVI\nThe Saurashtra Zamindars and Tenants Settlement\n\t\t\t\t\tof Rent Disputes Ordinance, 1948.\n1948\nXXXVI\nThe Saurashtra Protection of Tenants\n\t\t\t\t\t(Amendment) Ordinance, 1948.\n1949\nXXVIII\nThe Saurashtra Postponement of Eviction\n\t\t\t\t\tOrdinance, 1949",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 27th January, 2020 [guj383]",
        "Act Number": "(Ordinance No. 41 of 1949)",
        "Enactment Date": "",
        "Act Year": "1949",
        "Short Title": "Saurashtra Gharkhed, Tenancy Settlement And Agricultural lands Ordinance, 1949",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}