The Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949
gujarat · 1949
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Clauses (ii-a) and (ii-b) were inserted by Guj
- S. 2Section 2 defines key terms used in the ordinance, including "agency," "agriculture," "agriculturist," and "bid land."
- S. 3This proviso was substituted by Guj
- S. 4These words were inserted by Saurashtra Act No
- S. 5This section was inserted by Guj
- S. 6This proviso was added by Guj
- S. 7Sub-section (1A) was inserted by Guj
- S. 19Section 19 applies the Bombay Land Revenue Code to the estates of landholders under the ordinance.
- S. 20[Repealed by the Saurashtra Land Reforms Act, 1951 (Act No
- S. 35Section 35 allows the government to take over neglected estates to ensure efficient agricultural use.
- S. 36Section 36 vests the estate in the government upon notification, with management starting from publication and a government-appointed manager in charge.
- S. 37Section 37 halts civil court proceedings and restricts estate holder actions during management.
- S. 38Section 38 grants the manager of an estate all powers to collect rents and pay costs, debts, and allowances, retaining the balance for debts and government loans.
- S. 39Manager to pay costs of management, etc
- S. 40Section 40 mandates the manager to notify claimants of the estate to submit their claims within two months via Gazette and public notices.
- S. 41(1) Every such claimant shall, along with his claim, present full praticulars thereof
- S. 42Section 42 allows claims not timely reported to be deemed discharged unless the claimant proves inability to comply, in which case the manager may extend the deadline.
- S. 43Section 43 mandates the manager to investigate and determine the rightful debts and liabilities of claimants under the ordinance.
- S. 44Section 44 outlines the manager's duty to prioritize and interest-fix debts if full payment isn't immediate.
- S. 45Section 45 mandates the manager to prepare a liquidation scheme for paying off debts and liabilities from property income or raised funds.
- S. 46Section 46 mandates that liquidation schemes must continue manager payments and allow borrowing from the government for estate improvements.
- S. 47Section 47 mandates that upon Collector's approval of a liquidation scheme, debts and liabilities are extinguished, and creditors receive their dues.
- S. 48Section 48 allows the manager to evict mortgagees or conditional vendees obstructing estate management after a sanctioned liquidation scheme.
- S. 49Section 49 grants the manager power to sell or lease estate parts post-liquidation, but requires Collector's approval for leases over 10 years.
- S. 50Section 50 states that a manager's receipt for funds under the ordinance discharges the payer from liability.
- S. 51Section 51 ensures estate management continues after the holder's death, successors are bound by disabilities, and no debt processes can be issued against the estate.
- S. 52Section 52 allows the government to end estate management and transfer possession to the rightful holder.
- S. 53The manager appointed under this Chapter shall be deemed to be a public servant under section 21 of the Indian Penal Co
- S. 54Section 54 restricts non-agriculturists from selling, leasing, or mortgaging agricultural land unless permitted by the Collector or government.
- S. 54ASection 54A validates the last land transaction with an agriculturist despite prior invalid transactions.
- S. 54BSection 54B allows certain charitable institutions or companies to apply for land conversion to non-agricultural use if purchased before June 2015, subject to payment of prescribed fees.
- S. 55Sale of land for bonafide industrial purpose permitted in certain cases
- S. 72[Repealed by the Saurashtra Land Reforms Act, 1951 (Act No
- S. 73(1) The Government may make rules for carrying out the purposes of this Ordinace
- S. 74Section 74 allows the government to delegate its powers under the ordinance to certain officers.
- S. 75Section 75 allows the Collector to summarily evict unauthorized occupants of invalidly transferred lands.
- S. 75APenalty to transferee for transfer of land in breach of provision of sub-section (1) of section 54
- S. 76Section 76 prohibits civil courts from intervening in matters governed by the ordinance, affirming exclusive jurisdiction of specified authorities.
- S. 77Section 77 grants the government control over officials implementing the ordinance, mirroring their general administrative authority.
- S. 78Section 78 protects individuals from lawsuits for actions done in good faith under the Ordinance.
- S. 79Section exempts leased government, local authority, cooperative society, industrial, and government-reserved urban lands from the ordinance's provisions.
- S. 80(1) The Ordinance specified in 1[Schedule II] are hereby repealed
- S. 2019Sale of land for bonafide industrial purpose permitted in certain cases