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Saurashtra Land Reforms Act, 1951
Saurashtra Land Reforms Act, 1951
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Act to over-ride other laws.
Section 34. All Girasdari land liable to payment of land revenue.
Section 45. Classification of Girasdars.
Section 56. Persons when deemed to be tenants.
Section 67. Restrictions on rent.
Section 78. Cess, rate, hak tax or service not leviable.
Section 89. Penalty, refund and compensation.
Section 910. Land revenue payable by Girasdar.
Section 1011. Suspension or remission of rent.
Section 1112. Termination of Tenancy.
Section 1213. Belief against termination of tenancy for non-payment.
Section 1314. Bar to eviction from drwelling-house.
Section 1415. Belief against eviction from dwelling-house in certain cases.
Section 1516. Dwelling house of agricultural labourers.
Section 1617. Restoration of possession.
Section 1718. Act not to effect right or privileges of tenant under any other law.
Section 1819. Application by Girasdar for allotment of land for personal cultivation.
Section 1920. Inquiry by Mamlatdar and order of allotment.
Section 2021. Allotment of land to Girasdars of A and B class.
Section 2122. Principles and method of allotment of laud to Girasdars of A and B class.
Section 2223. Girasdars to whom land may be allotted.
Section 2324. Allotment of land to C class Girasdars.
Section 2425. Special provision for allotment to Girasdars of land for personal cultivation from verayati land.
Section 2526. Allotment of land, etc, in Girasdari Majmu village.
Section 2627. Saving in certain cases.
Section 2728. Acquisition of occupancy rights by tenants.
Section 2829. Inquiry by Mamlatdar.
Section 2930. Issue of occupancy certificate to a tenant.
Section 3031. Consequence of the issue of occupancy certificate.
Section 3132. Occupancy certificate when to be effective'.
Section 3233. Payment of compensation.
Section 3334. Dwelling houses.
Section 3435. Chav or buta hak.
Section 3536. Girasdar's right to be deemed to be extinguished.
Section 3637. Certain mortgages and charges not enforceable against occupancy holding.
Section 3738. Borrowing of tenant from the State Bank.
Section 3839. Girasdar to be occupant.
Section 39
Chapter IV
40. Assessments payable by Girasdars on Gharkhed and land allotted under Chapter IV.
Section 4041A. Acquisition of occupancy rights by Settlement Commissioner.
Section 41A41B. Consequences of the issue of the occupancy certificate.
Section 41B41C. Transfer of occupancy certificate.
Section 41C41D. Application of certain provisions.
Section 41D42. Rehabilitation grant.
Section 4243. Rehabilitation grant not liable to seizure or attachment.
Section 4344. Assessment.
Section 4445. Appointment of Settlement Commissioner and Special Officer.
Section 4546. Functions of Mamlatdar.
Section 4647. Procedure of inquiry.
Section 4748. Commencement of proceedings.
Section 4849. Procedure.
Section 4950. Execution of order for payment of money or for restoring possession.
Section 5051. Appeal.
Section 5152. Revision.
Section 5253. Orders in appeal or revision.
Section 5354. Court fees.
Section 5455. Limitation.
Section 5556. Inquiries and proceedings to be judicial proceedings.
Section 5657. Penalty for marking false statements.
Section 5758. Obstruction with the rights obtained under this Act, Rules.
Section 5860. Delegation of Powers.
Section 6061. Summary eviction.
Section 6162. Bar of jurisdiction.
Section 6264. Indemnity.
Section 6465. Repeal.
Section 65
saurashtra-land-reforms-act-1951.json
•
66 Sections
•
Gujarat
{
"id": 16672,
"slug": "saurashtra-land-reforms-act-1951",
"title": "Saurashtra Land Reforms Act, 1951",
"short_title": "Saurashtra Land Reforms Act, 1951",
"act_number": "(Saurashtra Act No. 25 of 1951)",
"act_year": 1951,
"act_type": "STATE",
"location": "Gujarat",
"law_status": "unknown",
"enactment_date": "2026-07-23",
"description": "Saurashtra Land Reforms Act, 1951",
"preamble": "",
"section_label": "Section",
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{
"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": "(1) \"agricultural land\" means any land, including wells, which is used for the purpose of agriculture and includes-\n(a) sites of farm buildings appurtenant to land used for agricultural purposes; and\n(b) sites of dwelling houses and wadas occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses;\n(2) \"agriculture\" includes horticulture and the raising of crops, fodder or garden produce;\n(3) \"agriculturist\" means a person who cultivates the land personally;\n(4) \"bhagdar\" means a share-holder of a talukdar;\n(5) \"bhayat\" means any person who was recognised as such either by the late Rajasthani Court, the late Political Agency or the late Western India States Agency, or any heir or successor of such person, provided that where the great-grand-father, grand-father or father is alive, only the great-grand father, grand-father or the father, as the case may be, who is alive shall be deemed to be the bhayat for the purpose of this Act ;\n(6) \"bid land\" means such land as has been used by the Girasdar for grazing his cattle or for cutting grass for the use of his cattle;\n(7) \"cadet\" means a brother or a son of a ruler to whom a grant of land was made by such ruler after the 14th day of August, 1947, and who is allowed to retain such grant by the Government or any heir or successors of such person ;\n(8) \"Code\" means the Bombay Land Revenue Code, 1879, as adapted and applied to the [Saurashtra area of the [State of Gujarat] ] ;\n(9) \"Collector\" includes an officer appointed by the Government to exercise the powers, and perform the functions of the Collector under this Act ;\n(10) \"cultivate\" means to carry on agricultural operation;\n(11) \"cultivate personally\" or any cognate expression means to cultivate on one's own account:-\n(a) by ones own labour,\n(b) by the labour of any member of ones family, or\n(c) by servants on wages payable in cash or in kind but not in a share of the crops or by hired labour, under ones personal supervision or the personal supervision of any member of ones family.\n(12) \"economic holding\" in relation to any region specified in column I of the First Schedule, means a holding of land of an area shown in the corresponding entry in column 2 thereof ;\n(13) \"estate\" means all land of whatever description or an undivided share thereof held by a Girasdar and includes un-cultivable waste, whether such land is used for the purposes of agriculture or not ;\n(14) \"Gharkhed\" means any land reserved by or allotted to, a Girasdar before the 20th May, 1950 for being cultivated personally, and in his personal cultivation :\n(a) that the Girasdar has allowed the land to be cultivated by the tenant cultivating the same on 1st January, 1948, under the provisions of clause (h) of section 2 of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949; or\n(b) that at any time after the 1st January, 1948, but before the 20th May, 1950, the land was given to a tenant for being cultivated by him ;\n(15) \"Girasdar\" means any talukdar, bhagdar, bhayat, cadet or mul-girasia and includes any person whom the Government may, by notification in the Official Gazette, declare to be a Girasdar for the purposes of this Act;\n[(16) * * * *] .\n(17) \"holding\" means a parcel or parcels of land or an undivided share thereof, held by a tenant or an occupant and forming the subject of a separate tenancy or occupancy holding as the case may be ;\n(18) \"land\" means any agricultural land, bid land or cultivable waste;\n(19) \"Mamlatdar\" includes Mahalkari, and any officer appointed by the Government for performing all or any of the functions of a Mamlatdar under this Act ;\n(20) \"Mul-girasia\" means any person who was recognised as such either by the late Rajasthanik Court, the late Political Agency, or the late Western India States Agency, or any heir or successor of such person, provided that where the great-grand-father, grand-father or father of any Mul-girasia is alive, only the great-grand-father, grand-father or father, as the case may be, who is alive shall be deemed to be a Mul-girasia for the purposes of this Act;\n(21) \"occupancy rights\" means all the rights which an occupant has under this Act or under the Code in respect of land held by him as an occupant;\n(22) \"occupant\" means a person who is in lawful possession of any land held directly from the [Government] and who has all the rights which an occupant has under this Act, or under the Code, in respect of land held by him as an occupant ;\n(23) \"person\" includes an undivided Hindu family;\n(24) \"prescribed\" means prescribed by rules made under this Act ;\n(25) \"Schedule\" means a Schedule to this Act ;\n(26) \"Settlement Commissioner\" means an officer appointed as such by the Government under this Act ;\n[(27) ****]\n(28) \"Talukdar\" means a talukdar whose name stood on the Tribute list maintained by the late Political Agency on the 14th August, 1947, or who owned an estate on political tenure subject to administrative charges on the 14th August, 1947, and includes any bhagdar (share-holder) and peta-bhagdar (sub-sharer) or any heir or successor of such person provided that where the great-grand-father, grand-father or father of any talukdar is alive, only the great-grand-father, grand-father or the father, as the case may be, who is alive shall be deemed to be talukdar for the purposes of this Act ;\n(29) \"tenancy\" means the relationship of Girasdar and tenant in respect of a holding;\n(30) \"tenant\" means an agriculturist who holds land on lease from a Giras- dar or a person claiming through him, and includes a person who is deemed to be a tenant under the provisions of this Act ;\n(31) \"Tribunal\" means the Saurashtra Revenue Tribunal ;\n(32) \"year\" or \"revenue year\" means the year ending on the 31st day of July;\n(33) all words and expressions, used but not defined, in this Act and defined in the Code shall have the meanings assigned to them in the Code.",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Act to over-ride other laws.",
"chapter": null,
"content": "Chapter II.\nLand Revenue And Classification of Girasdars.",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. All Girasdari land liable to payment of land revenue.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Classification of Girasdars.",
"chapter": null,
"content": "(a) a Girasdar shall be deemed to belong to A class if the total area of agricultural land comprised in his estate exceed eight hundred acres :\n(b) a Girasdar shall be deemed to belong to B class if the total area of agricultural land comprised in his estate exceeds one hundred and twenty acres but does not exceed eight hundred acres ;\n(c) a Girasdar shall be deemed to belong to C class if the total area of agricultural land comprised in his estate does not exceeds one hundred and twenty acres :\n(a) in respect of which a tenant has acquired chav or buta hak; or\n(b) which is held by a Girasdar in any Girasdari Majmu village specified in the Second Schedule ; or\n(c) in the vaje or the produce of which the 1State had a share on or before the 1st January, 1948 ; or\n(d) in which there is any mine, minerals, stones, coal, kankar, trees, aval, or any other similar thing which on or before 1st January, 1948, belonged exclusively to the State or to the 1State jointly with the Girasdars.\n(a) in respect of which the vaje belongs exclusively to the Girasdar, not-withstanding that the santi vero in respect of such land belonged to the State;\n(b) in respect of which a tenant has acquired chav or buta hak;\n(c) which is held by a Girasdar in any Girasdari Majmu village specified in the Second Schedule;\n(d) in the vaje or the produce of which the [State] had a share on or before the 1st January, 1948; and\n(e) in which there is any mine, mineral, stone, coal, kankar, trees, aval or any other similar thing which on or before 1st January, 1948, belonged exclusively to the [State or to the] [State] jointly with the Girasdar.\nChapter III.\nGirasdars And Their Relationship With Tenants",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Persons when deemed to be tenants.",
"chapter": null,
"content": "(a) is a member of the Girasdar's family; or\n(b) is a servant on wages payable in cash or in kind but not in a share of the crops, or is a hired labourer cultivating the land under the personal supervision of the Girasdar or any member of his family; or\n(c) is a mortgagee in possession.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Restrictions on rent.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Cess, rate, hak tax or service not leviable.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Penalty, refund and compensation.",
"chapter": null,
"content": "(a) to pay to the Government as penalty such sum not exceeding one thousand rupees as the Mamlatdar deems fit;\n(b) where the Girasdar has made any such unlawful recovery as aforesaid from the tenant, to refund such amount to the tenant; or\n(c) where the Girasdar has received any service from any tenant, to pay to the tenant such sum by way of compensation as the Mamlatdar deems fit.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Land revenue payable by Girasdar.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Suspension or remission of rent.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Termination of Tenancy.",
"chapter": null,
"content": "(a) that the tenant has failed to pay in any year, within fifteen days from the day fixed for the payment of the last instalment of the land revenue in accordance with the rules made under the Code for that year, the rent for that year; or\n(b) that the tenant has done any act which is destructive or permanently injurious to the land comprised in the holding; or\n(c) that the tenant has subject the holding or failed to cultivate it personally; or\n(d) that the tenant has used the land for a purpose other than agriculture.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Belief against termination of tenancy for non-payment.",
"chapter": null,
"content": "[13A. Termination of tenancy not to take effect in certain cases.\n[13B. Assistance to Girasdar for recovery of rent.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Bar to eviction from drwelling-house.",
"chapter": null,
"content": "(a) the Girasdar proves that the dwelling-house was not built at the expense of such tenant or his predecessor-in-title, and\n(b) such tenant makes a default in payment of rent, if any, which he has been paying for the use and occupation and such house.",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Belief against eviction from dwelling-house in certain cases.",
"chapter": null,
"content": "(a) if the tenant had previously been paying rent of the dwelling-house, direct the tenant to tender to the Girasdar the rent in arrears together with the costs of the proceedings, within fifteen days from the date of such order; or\n(b) if no rent was being so paid, assess reasonable rent in respect of the dwelling-house and direct the tenant to pay the rent so assessed, with fifteen days of the date of the order;and if the tenant complies with such an order the Mamlatdar shall, in lien of making an order of ejectment, pass an order directing that the tenant shall not be evicted, and thereupon the tenant shall continue to be in lawful occupation of the dwelling-house so long as he carries out the directions given in the Mamlatdar's order.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Dwelling house of agricultural labourers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Restoration of possession.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Act not to effect right or privileges of tenant under any other law.",
"chapter": null,
"content": "Chapter IV\nAllotment of Land To Girasdar For Personal Cultivation.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Application by Girasdar for allotment of land for personal cultivation.",
"chapter": null,
"content": "(a) the area and the location of the land in respect of which the allotment is prayed for;\n(b) the right under which the Girasdar claims the land;\n(c) the full particulars of his estate containing-\n(i) the approximate area of the land in his estate;\n(ii) the area and location of Gharkhed in his estate;\n(iii) the area of agricultural land, bid land and cultivable waste in his estate; and\n(iv) the area of non-cultivable waste in his estate;\n(d) the names of tenants and description of land in their possession;\n(e) the area of Khalsa land, if any in his possession; and\n(f) any other particulars which may be prescribed :",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Inquiry by Mamlatdar and order of allotment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Allotment of land to Girasdars of A and B class.",
"chapter": null,
"content": "(a) in the case of A class Girasdars 3 economic holdings;\n(b) in the case of B class Girasdars-\n(i) those having land in excess of one hundred and twenty acres but not exceeding three hundred and twenty acres, one and a half economic holdings;\n(ii) those having land in excess of three hundred and twenty acres but not exceeding five hundred and forty acres, two economic holdings;\n(iii) those having land in excess of five hundred and forty acres but not exceeding eight hundred acres, two and a half economic holdings.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Principles and method of allotment of laud to Girasdars of A and B class.",
"chapter": null,
"content": "(a) firstly, such of the bid land cultivable waste of the estate as the Girasdar wishes to utilise for personal cultivation shall be allotted to him;\n(b) secondly, if the land allotted under clause (a) is not sufficient, such agricultural lands as is held by a tenant in excess of one economic holding shall be available for allotment.\n(c) thirdly, if such excess as is referred to in clause (b) is not sufficient for such allotment, the deficit shall be made up by taking agricultural land from all the tenants of the Girasdar in proportion to the area held by them irrespective of the size of their holdings;\n(d) the land allotted to a Girasdar from the holding of a tenant shall, as far as may be, have the same proportion of Bagayat or Jirayat and also of good, medium or poor lands as existed in his estate; and the allotment shall, as far as practicable, be made in the form of contiguous block of ten acres or more.",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Girasdars to whom land may be allotted.",
"chapter": null,
"content": "(a) in the case of an undivided family of Girasdar, only to the head of the family on behalf of the family; or\n(b) in the case of a family divided in interest only, to all the members of the family jointly as to a single unit, or\n(c) in the case of a Girasdar whose land was separate from that of the other members of his family by metes and bounds before the 1st February, 1951 to such Girasdar; or\n(d) in the case of one whose father has died after that date and whose land has been so separate after that date, to such Girasdar; or\n(e) in the case of one who before that date has held his land separately with a tenant deriving title from him, to such Girasdar.",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Allotment of land to C class Girasdars.",
"chapter": null,
"content": "(a) one economic holding, in the case of one in whose estate agricultural land does not exceed eighty acres; and\n(b) one and half economic holdings, in the case of one in whose estate agricultural land exceeds eighty acres but does not exceed one hundred and twenty acres :",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Special provision for allotment to Girasdars of land for personal cultivation from verayati land.",
"chapter": null,
"content": "(a) no land in which the State had a share in the vaje on or before the 1st January, 1948 shall be allotted to a Girasdar for personal cultivation; and\n(b) any land in respect of which the vaje belongs exclusively to the Girasdar shall, notwithstanding that the santi vero in respect of such land belonged to the [State] on or before the 1st January, 1948, be available for allotment to a Girasdar in accordance with the provisions of this Act:",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Allotment of land, etc, in Girasdari Majmu village.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "27. Saving in certain cases.",
"chapter": null,
"content": "Chapter V.\nAcquisition of Occupancy Rights By Tenants.",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28",
"title": "28. Acquisition of occupancy rights by tenants.",
"chapter": null,
"content": "(a) the area and location of the holding in respect of which the application is made ;\n(b) the name of the Girasdar in respect of his holding ;\n(c) full particulars of the holding containing-\n(i) the approximate area of the land in his possession ;\n(ii) approximate area of agricultural land, bagayat, jirayat, bid land and cultivable waste separately; and\n(iii) the number and location of dwelling houses in his possession;\n(d) particulars whether the dwelling-house was built at his cost or at the cost of his predecessor-in-title or of the Girasdar ;\n(e) whether he holds khalsa land, and, if so, its area and location ; (f) whether he holds chav or buta huk, and, if so, its area and location; and (g) such other particulars as may be prescribed :",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "29",
"title": "29. Inquiry by Mamlatdar.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "30",
"title": "30. Issue of occupancy certificate to a tenant.",
"chapter": null,
"content": "(a) the holding or the part thereof in respect of which the tenant may be declared to be an occupant (hereinafter referred to as an occupancy-holding);\n(b) the assessment on such occupancy holding; and\n(c) the amount payable by the tenant to the Girasdar as compensation in respect of such occupancy holding.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "31",
"title": "31. Consequence of the issue of occupancy certificate.",
"chapter": null,
"content": "(a) tenant shall, in respect of the holding, become an occupant holding directly from the [Government] and shall have all the rights and obligations of an occupant under this Act and under the Code in respect of holding ;\n(b) the occupant shall pay direct to the Government the assessment for the time being in respect of the holding ;\n(c) all his relations and obligations as tenant to the Girasdar or to any person claiming through or under the Girasdar in respect of such holding shall cease and in particular, his liability to pay rent to the Girasdar in respect of the holding shall cease ;\n(d) the occupant shall acquire his rights in the occupancy holding free from all encumbrances, if any, made by the Girasdar ;\n(e) in any case of abandonment or relinquishment, or when an occupant dies intestate and without known heirs, or in any other such case, the right of reversion shall vest in the [Government] ;\n(f) the Girasdar shall cease to have any right to collect or receive any rent from the occupant or exercise any other right in respect of the holding, and his liability to pay land revenue in respect of the holding shall also cease ;\n(g) the Girasdar shall be entitled to receive and be paid compensation as provided under this Act :",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "32",
"title": "32. Occupancy certificate when to be effective'.",
"chapter": null,
"content": "(a) in any case in which an application under section 28 is made, [within thirty days from the date of the commencement of the Saurashtra Land Reforms (Second Amendment) Ordinance, 1952] with effect from the 1st August,1951:\n[(aa) in any case in which an application under section 28 is made on or after 1st August, 1954, but before 31st December, 1954, with effect from 1st August, 1954;]\n(b) in any other case, with effect from the 1st August immediately following the date on which the application under section 28 is made:\n(i) all incidents of a Girasdari tenure shall be deemed to have applied, and to have always been applied, to such land or portion thereof upto the date of such allotment;\n(ii) the amount of six times the assessment paid by a tenant in respect of such land or portion thereof shall be refunded to him, after deducting therefrom any amount found to be due from him to the Girasdar under section 7 in respect of such land or portion thereof, in excess of the amount of assessment paid by him to Government.\n(iii) Government shall pay to the Girasdar the amount of assessment recovered from the tenant in respect of such land or portion thereof and the amount deducted from the amount of six times the assessment as shown in clause (ii) above, after deducting therefrom twelve and a half per cent of the assessment on such land or portion thereof payable to Government under section 10.]",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "33",
"title": "33. Payment of compensation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "34",
"title": "34. Dwelling houses.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "35",
"title": "35. Chav or buta hak.",
"chapter": null,
"content": "[35A. Claims of widow-jiwaidars.\n(a) by a decree of a competent Civil Court, or\n(b) by the orders of a competent authority of the late Western India States Agency or the Western India States Region or any Covenanting State or merged Taluka, or\n(c) by a written agreement of the parties, and was paid immediately before 1st January, 1948, pass an order directing that-\n(i) the amount which the Mamlatdar may find as payable by the Girasdar to the jiwaidar before the date of his order shall be paid from the amount of compensations payable to the Girasdar under sub-section (1) of section 33:\n(ii) the amount of maintenance allowance accruing due to the jiwaidar after the date of his order shall be paid to her every year from the amount of compensation payable annually to the Girasdar by the Government under sub-section (2) of section 33 or sub-section (2) of section 35, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "36",
"title": "36. Girasdar's right to be deemed to be extinguished.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "37",
"title": "37. Certain mortgages and charges not enforceable against occupancy holding.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "38",
"title": "38. Borrowing of tenant from the State Bank.",
"chapter": null,
"content": "(a) it shall be lawful for a tenant to mortgage the occupancy holding which he intends to acquire under the provisions of this Chapter in order to borrow money from the State Bank, [or a Co-operative Society] registered under the Bombay Co-operative Societies Act, 1925 (Bom. VII of 1925) as adapted and applied to the [Saurashtra area of the [State of Gujarat;] ]\n(b) such mortgage shall be deemed to be lawful and subsisting after the occupancy is acquired.",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "39",
"title": "39. Girasdar to be occupant.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "40",
"title": "40. Assessments payable by Girasdars on Gharkhed and land allotted under Chapter IV.",
"chapter": "Chapter IV",
"content": "[41. Payments to be charged.\n[Chapter V-A\nAcquisition of Occupancy Rights By Settlement Commissioner On Behalf of Certain Tenants.",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "41A",
"title": "41A. Acquisition of occupancy rights by Settlement Commissioner.",
"chapter": null,
"content": "(1) where a tenant fails to apply for occupancy rights under sub-section (1) of section 28, for any reason whatsoever within 2 months of the date of the coming into force of the Saurashtra Land Reforms (Amendment) Act, 1955, or within such further period as the Government may, by notification in the Official Gazette specify, the Settlement Commissioner may furnish to the Mamlatdar the particulars specified in sub-section (2) of section 28 in respect of the holding of such tenant, and thereupon the Mam-latdar may after making such inquiry as may be necessary in the prescribed manner and hearing the parties and subject to any order of allotment under the provisions of Chapter IV, pass an order specifying therein-\n(a) the holding or part thereof, in respect of which the Settlement Com missioner may be declared to hold it as an occupant in trust and on behalf of such tenant (hereinafter referred to as the occupancy holding);\n(b) the assessment on such occupancy holding;\n(c) the amount, not exceeding 6 times the assessment payable by the Settlement Commissioner to the Girasdar as compensation in respect of such occupancy holding.\n(2) as soon as may be after the order under clause (1) is passed, the Mamlatdar shall issue an occupancy certificate, which shall be effective from the 1st August immediately following the date on which such order is passed in such form as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "41B",
"title": "41B. Consequences of the issue of the occupancy certificate.",
"chapter": null,
"content": "(a) The Settlement Commissioner shall hold such occupancy holding free from all encumbrances, if any, made by the Girasdar, as an occupant in trust and on behalf of the tenant until the amount paid to the Girasdar by the Settlement Commissioner as compensation in respect of such occupancy holding is recovered in full from the tenant.\n(b) The tenant shall pay to the Settlement Commissioner two and a half times the assessment, which he was paying to the Girasdar immediately before the coming into force of the Saurashtra Land Reforms (Amendment) Act, 1955.\n(c) Out of the amount representing 2-1/2 times the assessment received from the tenant, the Settlement Commissioner shall cause the amount representing single assessment to be credited to Government and the remaining amount representing one and a half times the assessment shall be credited toward the amount paid to the Girasdar as compensation.\n(d) All relations and obligations of the tenant as such to the Girasdar or to any person, claiming through or under the Girasdar in respect of such holding shall cease and, in particular tenant's liability to pay rent to the Girasdar in respect of the holding shall cease.\n(e) The Girasdar shall cease to have any right to collect or receive any rent from the tenant or exercise any other right in respect of the holding and his liability to pay land revenue in respect of the holding shall cease.\n(f) The Girasdar shall be entitled to receive and be paid compensation as provided under this Chapter:",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "41C",
"title": "41C. Transfer of occupancy certificate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "41D",
"title": "41D. Application of certain provisions.",
"chapter": null,
"content": "Chapter VI.\nRehabilitation Grant.",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "42",
"title": "42. Rehabilitation grant.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "43",
"title": "43. Rehabilitation grant not liable to seizure or attachment.",
"chapter": null,
"content": "Chapter VII.\nMiscellaneous.",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "44",
"title": "44. Assessment.",
"chapter": null,
"content": "(a) the land allotted to a Girasdar, as respects its area, or\n(b) the land in respect of which an occupancy certificate has been issued to a tenant, as respects its area, before the date specified in the notification issued under sub-section (3).",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "45",
"title": "45. Appointment of Settlement Commissioner and Special Officer.",
"chapter": null,
"content": "(a) a Settlement Commissioner to perform such functions under this Act, as may be prescribed, and\n(b) as many special officers as may be necessary to exercise the powers and functions of a Collector under this Act in such local area as may be specified.",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "46",
"title": "46. Functions of Mamlatdar.",
"chapter": null,
"content": "(a) to decide whether a person is an agriculturist or not;\n(b) to decide whether a person is a tenant or not;\n(c) to decide whether any land shall be allotted to Girasdars for personal cultivation or not;\n(d) to make any order under section 9;\n(e) to determine whether a tenancy shall be terminated under section 12;\n(f) to decide any matter arising under section 12, section 13, section 15 or section 17;\n(g) to decide to which Girasdar land may be allotted for personal cultivation and to make such allotment;\n(h) to decide which tenant should surrender what portion of his land in accordance with section 22;\n(i) to determine the divisions of land under section 24;\n(j) to decide any question arising under section 26;\n(k) to hold inquiries under section 29 and to issue occupancy certificates under [section 30 or section 41 A] ;\n(l) to determine the amount of compensation payable to a Girasdar by the Government and the tenant;\n(m) to decide matters arising under section 34;\n[(mm) to decide claims of the jiwaidars under section 35-A;]\n(n) to determine the amount of assessment under section 44;\n(o) to decide such other matters as may be necessary under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "47",
"title": "47. Procedure of inquiry.",
"chapter": null,
"content": "(a) proof of facts by affidavits,\n(b) the enforcing of the attendance of any persons and his examination on oath,\n(c) the enforcing of production of documents, and\n(d) the issuing of commissions.",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "48",
"title": "48. Commencement of proceedings.",
"chapter": null,
"content": "(a) the name, age, profession and place of residence of the applicant and of the opposite party;\n(b) a short description and situation of the property to which possession is sought, or the amount of the claim, as the case may be;\n(c) the circumstances out of which the cause of action arose;\n(d) a list of the applicant's documents, if any, and of his witnesses who are to be summoned to attend or whether the applicant will produce them on the day of the hearing;\n(e) such other particulars as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "49",
"title": "49. Procedure.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "50",
"title": "50. Execution of order for payment of money or for restoring possession.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "51",
"title": "51. Appeal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "52",
"title": "52. Revision.",
"chapter": null,
"content": "(a) that the order of the Collector was contrary to law ;\n(b) that the Collector failed to determine some material issue of law; or\n(c) that there was a substantial defect in following the procedure provided by this Act which has resulted in miscarriage of justice.",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "53",
"title": "53. Orders in appeal or revision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "54",
"title": "54. Court fees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "55",
"title": "55. Limitation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "56",
"title": "56. Inquiries and proceedings to be judicial proceedings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "57",
"title": "57. Penalty for marking false statements.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "58",
"title": "58. Obstruction with the rights obtained under this Act, Rules.",
"chapter": null,
"content": "59.\n(a) the manner in which the tenancy may be terminated ;\n(b) the form and manner in which an application for allotment of land for personal cultivation may be made by a Girasdar;\n(c) the manner in which inquiries may be held by a Mamlatdar under this Act and the procedure to be followed in such proceedings ;\n(d) the form of an occupancy certificate to be issued to [Girasdars and tenants and Settlement Commissioner] ;\n(e) the Girasdar to whom and the procedure according to which land may be allotted for personal cultivation and matters connected therewith;\n(f) the manner of payment of compensation and rehabilitation grant to Girasdars in Girasdari Majmu village;\n(g) the form and manner in which applications for acquiring rights may be made by a tenant ;\n[(gg) the from and manner in which a Jiwaidar may submit her claim under section 35A;]\n(h) the manner in which compensation payable by a tenant may be computed in any case where the Girasdar has only a limited interest in the holding ;\n[(hh) the manner in which occupancy certificate issued to the Settlement Commissioner may be transferred to the tenant;]\n(i) the form of notice to be issued under this Act and the manner of service of such notice ;\n(j) the manner of publication of assessment on land;\n(k) the functions of Settlement Commissioner ;\n(l) levy of fees and court-fees under this Act; and\n(m) any other matter which has to be, or may be prescribed under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "60",
"title": "60. Delegation of Powers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "61",
"title": "61. Summary eviction.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "62",
"title": "62. Bar of jurisdiction.",
"chapter": null,
"content": "[63. Governments power of control and revision.\n(i) in any case in which an application for revision against any decision or order of the Collector has been made under this Act to the Revenue Tribunal or until such application is barred by limitation.\n(ii) in any case in which an appeal against any decision or order of the Mamlatdar has been preferred under this Act to the Collector or until such appeal is barred by limitation.",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "64",
"title": "64. Indemnity.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "65",
"title": "65. Repeal.",
"chapter": null,
"content": "(a) the whole of Chapter II, the whole of Chapter III except sub-sections (1), (2) and (3) of section 19 and the whole of Chapters IV, V, VIII and IX; and\n(b) sections 55, 56 and 57 of Chapter VII :\n(i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Act, or\n(ii) any legal proceedings or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered to be done before the commencement of this Act, and any such proceedings shall be continued and disposed of as if this Act had not been passed :\nThe First Schedule\n[ See section 2 (12) ]\nRegions\nRegions\nArea of Cultivable land\nArea of Cultivable land\n1\n1\n2\n2\n1\nZalawad District\n..\n..\n..\n..\n40 acres\n2\nHalar District\n-\n(a)\nJam-Jodhpur Taluka and Amran Chovisi of Jodia.\n\t\t\t\tMahal\n..\n..\n..\n..\n32 acres\n(b)\nKalawad Taluka\n..\n..\n..\n..\n36 acres\n(c)\nRest of Halar District\n..\n..\n..\n..\n40 acres\n3\nGohilwad District\n..\n..\n..\n..\n32 acres\n4\nMadhya Saurashtra District-\n(a)\nMorvi Taluka, Wankaner Taluka, Maliya Mahal, [Panchal area (Babra Taluka), Rajkot Taluka,] Paddhari Mahal,\n\t\t\t\tLodhika Mahal and Kotda Sangani Mahal\n..\n..\n..\n..\n40 acres\n(b)\nBabra Taluka excluding Panchal area, Jasdan\n\t\t\t\tTaluka, Kandorna Mahal, Gondal Taluka, Kunkavav Taluka, and\n\t\t\t\tJetpur Taluka\n..\n..\n..\n32 acres\n(c)\nDhoraji Taluka including Upleta Peta-Mahal\n..\n28 acres\n5\nSorath District-\n(a)\nRanavav and Porbandar Taluka excluding Ghed\n\t\t\t\tarea\n..\n28 acres\n(b)\nGhed area\n..\n..\n..\n..\n24 acres\n(c)\nFive miles wide sea-shore belt from Madhavpur\n\t\t\t\tto Kodinar, Kutiana Proper, Mandva, Kaji, Thepda, Ujad, Thepda,\n\t\t\t\tBaloch and Bhadar Chhel Bhag\n..\n..\n20 acres\n(d)\nRest of the Sorath District\n..\n..\n..\n32 acres\nThe Second Schedule\n( See section 26)\nSerial No.\nSerial No.\nName of the Village\nName of the Village\nTaluka or Mahal\nTaluka or Mahal\nDistrict\nDistrict\n1\n2\n3\n4\n1\nNana Garadia\nDhrol\nHalar\n2\nSudhaguna\n..\nHalar\n3\nDhokalia\nPadadhari\nMadhySaurashtra\n4\nDahisarda\nPadadhari\nMadhyaSaurashtra [5 .. .. ..]\n[The following villages were added to this\n\t\t\t\t\tSchedule by notifications under sub-section (8) of section 26].\n[6\nManekvada\nHalvad\nZalawad\n7\nRatabhi\nHalvad\nZalawad\n8\nDungarpur\nHalvad\nZalawad\n9\nVankia\nHalvad\nZalawad\n10\nChupari\nHalvad\nZalawad\n11\nNava-Rampura\nVallabhipur\nGohilwad\n12\nLiliva\nPalitana\nGohilwad\n13\nChhapra\nKalawad\nHalar\n14\nNani-Banugar\nJamnagar\nHalar\n15\nSanosara\nJamnagar\nHalar]\n[16\nShekhalia\nChotila\nZalawad\n17\nBokadthumba\nWankaner\nMadhya Saurashtra\n18\nPipalia\nKandorna\nMadhya Saurashtra\n19\nDungrani\nDevalia\nKalawad Halar\n20\nVagadia\nJamnagar\nHalar ]\n[21\n--\n--\n--]\n[22\nKaswala\nSayla\nZalawad\n23\nEampara\nChotila\nZalawad\n24\nTali\nTalaja\nGohilwad\n25\nSarwania (Hakumati)\nKalawad\nHalar]\n[26\nDudhali\nChotila\nZalawad\n27\nBhimgadh\nChotila\nZalawad\n28\nNalieri\nChotila\nZalawad\n29\nBhalgamda\nHalwad\nZalawad\n30\nNani Nagajab\nKalawad\nHalar\n31\nGolania\nKalawad\nHalar\n32\nHaripar\nKalawad\nHalar\n33\nVadakhand\nUpleta\nMadhya Saurashtra\n34\nPanasda\nGariadhar\nGohilwad]\n[35\nGada\nKalawad\nHalar\n36\nKansvirdi\nLalpar\nHalar\n37\nTarnetar\nChotila\nZalawad]\n[38\nPajwali\nChotila\nZalawad]\n[39\nMoti Jagdhar\nMahuva\nGohilwad\n40\nKathrota\nRajkot\nMadhya Saurashtra\n41\nVanala\nBabra\nMadhya Saurashtra\n42\nRanipat\nMuli\nZalawad\n43\nKhakhrathal\nMuli\nZalawad]\n[44\nBhadakva\nLimbdi\nZalawad]\n[45\nSukhpur\nJamjodhpur\nHalar]\n[46\nDharadungari\nSayla\nZalawad]\n[47\nVelala\nMuli Taluka\nZalawad\n48\nRaidhara\nHalwad\nZalawad]\nThe Third Schedule\n( See section 40)\nClass of Girasdar\nClass of Girasdar\nAssessment to be charged\nAssessment to be charged\n1\n2\nGirasdar of A Class\nFull assessment.\nGirasdar of B Class\nFour annas per acre for the first three years,\n\t\t\t\t\teight annas per acre for the next three years.\n[One half of the assessment for the next six\n\t\t\t\t\tyears ] Full assessment thereafter.\nGirasdar of C Class\nFour annas per acre for 21 years.\nFull assessment thereafter.\n(i) to a co-operative farming society; or\n(ii) by way of exchange to persons who are descendants of a common an cestor in the male line and are living, in the same village in their co-shared villages:]\nThe Fourth Schedule\n( See section 42)\nGlass of Girasdar\nGlass of Girasdar\nAmount of grant\nAmount of grant\n1\n2\nGirasdar of B Class.\nThree additional installments each equal to one\n\t\t\t\t\tassessment payable annually after and in continuation of\n\t\t\t\t\tcompensation under section 33.\nGirasdar of C Class\nSix additional installments, each equal to one\n\t\t\t\t\tassessment payable annually after and in continuation of\n\t\t\t\t\tcompensation under section 33.",
"footnote": "",
"is_definition": false,
"sort_order": 65
}
],
"metadata": {
"Act ID": "Last Updated 9th March, 2020 [guj388]",
"Act Number": "(Saurashtra Act No. 25 of 1951)",
"Enactment Date": "23rd July, 1951",
"Act Year": "1951",
"Short Title": "Saurashtra Land Reforms Act, 1951",
"Type": "STATE",
"Location": "Gujarat"
},
"updated_at": "2026-09-29 21:55:19"
}