The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991
gujarat · 1991
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Section 1 names the act prohibiting transfer of immovable property and protecting tenants in Gujarat.
- S. 2Section defines key terms used in the act, including "disturbed area," "fair value," and "prescribed."
- S. 3Section 3 allows the State Government to declare areas disturbed by riots as such and rescind the declaration when public order is restored.
- S. 4Section 4 nullifies transfers of immovable property in disturbed areas during a specified period, but allows applications for validation if made by consent and fair value.
- S. 5Section 5 prohibits transfers of property in disturbed areas without Collector's approval, making unauthorized transfers void.
- S. 6Section 6 allows aggrieved parties to appeal to the State Government against Collector's rejection of transfer application.
- S. 7Section 7 deems inquiries and proceedings under this Act as judicial proceedings for purposes of the Indian Penal Code.
- S. 8Section 8 makes decisions by the Collector and State Government on property transfers final and unchallengeable in court.
- S. 9Section 9 exempts mortgage transfers of disturbed area property to financial institutions for obtaining financial aid from application of sections 4 and 5.
- S. 10Section 10 protects individuals from legal actions for actions done in good faith under this Act.
- S. 11Section 11 allows the State Government to delegate Collector's powers under sections 4 or 5 to officers of at least Deputy Collector rank.
- S. 12(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this
- S. 13Section 13 mandates landlords to rebuild destroyed premises in disturbed areas within 15 months, extendable by the State Government, ensuring tenant occupancy in the new building.
- S. 14Section 14 exempts tenants from rent and eviction if their premises in a disturbed area are destroyed by riot or mob violence.
- S. 15In the Principal Act, after section 17C, the following new section shall be inserted, namely: "17D
- S. 16Section 16 amends section 49 to specify rules for compensation and court fees in eviction-related legal proceedings.
- S. 17Repeal
- S. 18794 of 1882
- S. 1947Bom