Amendment status not verified — confirm the current text below against the official source.
Whoever, with a view to grabbing land in contravention of the provisions of this Act or in connection with any such land grabbing,- (a) sells or allots, or offers or advertises for sale or allotment, or has in his possession for the purpose of sale or allotment any land grabbed; (b) instigates or incites any person to commit land grabbing; (c) uses any land grabbed or causes or permits knowingly to be used for purposes, connected with sale or allotment; or (d) enters into an agreement for construction of any structure or buildings on such land; Land grabbing to be unlawful. Prohibition on land grabbing. Penalty for other offences in connection with land grabbing. Guj. 11 : 2020] The Gujarat Land Grabbing (prohibition) Act, 2020. 3 (e) causes or procures or attempts to procure any person to do any of above mentioned acts; shall, on conviction, be punished with imprisonment for a term which shall not be less than ten years but which may extend to fourteen years and with fine which may extend to Jantri value of such properties. 6.(1) If the person contravening the provisions of this Act is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. (2) Notwithstanding anything in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:- For the purposes of this section: - (a) “Company” means anybody corporate and includes firm or other association of individuals; and (b) “Director” in relation to a firm, means a partner in the firm. 7.(1) The State Government may, with the concurrence of the Chief Justice of the High Court of Gujarat, by notification in the Official Gazette constitute one or more Special Courts for such area or areas, or for such cases or class or group of cases, as may be specified in the notification. (2) Where any question arises as to the jurisdiction of any Special Court, it shall be referred to the State Government, whose decision in the matter shall be final. (3) A Special Court shall be presided over by a judge to be appointed by the State Government with the concurrence of the Chief Justice of the High Court of the Gujarat. (4) The State Government may also appoint, with the concurrence of the Chief Justice of the High Court of Gujarat, Additional Judges to exercise jurisdiction of the Special Court. (5) A person shall not be qualified for appointment as a Judge or an Additional Judge of a Special Court unless he immediately before such appointment, is or has Offences by companies. Constitution of Special Courts. 4 The Gujarat Land Grabbing (prohibition) Act, 2020. [Guj. 11 : 2020 been a Sessions Judge or a District Judge. (6) The Government from time to time may, by notification in the Official Gazette, reconstitute the Special Courts constituted under sub-section (1) and may, at any time abolish such Special Courts by a like notification. (7) A Judge of the Special Court shall hold office for a term of three years from the date on which he enters upon his office, or until the Special Court is reconstituted or abolished under sub-section (6), whichever is earlier.