Gujarat Agricultural Lands Ceiling Act, 1960
Gujarat Agricultural Lands Ceiling Act, 1960*
[Gujarat Act, No. XXVII OF 1961]
1[15th June, 1961]
Preamble
An Act to fix a ceiling on holding agricultural land and to provide for the acquisition and disposal of surplus agricultural lands.
WHEREAS the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay LXVII of 1948) imposes a restriction upon holding agricultural land in excess of certain limits in the Bombay area of the State of Gujarat;
AND WHEREAS it is expedient in the public interest to make a uniform provision for the whole of the State of Gujarat in respect of restrictions upon holding agricultural land in excess of certain limits and it is also expedient for so securing the distribution of agricultural land as best to subserve the common good to provide for the acquisition of surplus agricultural land for the allotment thereof to persons who are in need of lands for agriculture (including co-operative farming societies, landless persons, agricultural labourers and small holders)2[or for the allotment of such surplus agricultural lands the integrity of which is maintained in compact blocks to a department of Government or to co-operative farming societies or corporations owned or controlled by the State, for ensuring the full and efficient use thereof] and to provide for other consequential and incidental matters hereinafter appearing; It is here by enacted in the Eleventh Year of the Republic of India as follows:--
Footnotes:
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For Statement of Objects and Reasons see Gujarat Government Extraordinary Gazette, 1960, Part V, dated August 10, 1960, pages 113-114 and for the Report of the Select Committee fee Gujarat Government Extraordinary Gazette, dated February 11th 1961, Part V, Pages 3-6.
*. S. 26 of the Gujarat Surviving Alienations Abolitions Act, 1963 (Gujarat XXXIII of 1963) reads as under:--
"Nothing in this Act shall in any way be deemed to affect the application of any of the provisions of the tenancy laws or of the Gujarat Agricultural Lands Ceiling Act, 1960, (Provisions of tenancy law to govern the relations of land-lord and tenants) to any alienated land or the rights and obligations of a land lord and his tenants save in so far as the said provisions are in any way inconsistent with the express provisions of this Act."
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These words were inserted by Gujarat 2 of 1974, s. 3.
Chapter: 1 - Preliminary
Section 1 - Short title, extent and commencement
(1) This Act may be called the Gujarat Agricultural Lands Ceiling Act, 1960.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Section 2 - Definitions
In this Act, unless the context requires otherwise-
1 [(1) "agriculture" includes-
(a) horticulture,
(b) the raising of crops, grass or garden produce,
(c) the use by an agriculturist of the land held by him or part thereof for grazing.
(d) the use of any land, whether or not an appanage to rice or paddy land, for the purpose of rabmanure,
(e) dairy farming,
(f) poultry farming.
(g) breeding of live-stock, and
(h) the cutting of wood:
Provided that in relation to any period prior to the specified date, "agriculture" shall not include any of the pursuits specified in sub-clauses (d), (e), (f), (g) and (h) and also such other pursuits as may have been prescribed prior to the specified date as pursuits not included in that word;]
(2) "agricultural labourer" means a person whose principal means of livelihood is manual labour on agricultural land;
(3) "agriculturist" means a person who cultivates land personally;
2 [(3A) "Amending Act of 1972" (Gujarat 2 of 1974)means the Gujarat Agricultural lands Ceiling (Amendment) Act, 1972 (Gujarat 2 of 1974);]
(4)"appointed day" means the day on which this Act, comes into force;
(5) "ceiling area" means the extent of land determined under section 5 to be the ceiling area;
3 [(6) "class of land" means any of the following classes of land, that is to say:--
(i) perennially irrigated land;
(ii) seasonally irrigated land;
(iii) superior dry crop land;
(iv) dry crop land;
Explanation I. --For the purpose of this Act-(a) "perennially irrigated land" means land which is assured of a regular and actual supply of water for a period of not less than ten months during the year from any source of irrigation and which is consequently capable of growing at least two crops in a year or is utilised for growing sugarcane crop:
Provided that land irrigated by a tube-well or lift irrigation from a perennial source of water, operated by diesel or electric power or both and constructed on or after 15th August, 1972 by any person other than Government or a local authority, shall not be deemed to be perennially irrigated land;
(b) "seasonally irrigated land" means land which is assured of a regular and actual supply of water for a period of less than ten months but not less than four months during the period from 15th September to the end of February in a year from any source of irrigation, and is consequently capable of growing at least one crop in a year;
(c) "Superior dry crop land" means rice land and orchard;
(d) "rice land" means land which is situated in a local area where the average rainfall is not less than 89 centimeters a year, such average being calculated on the basis of rain-fall in that area during the five years immediately proceeding the year 1959 and which is used for the cultivation of rice or which, in the opinion of the State Government is fit for the cultivation of rice but does not include perennially or seasonally irrigated land used for the cultivation of rice;
(e) "dry crop land" means land other than the land specified in paragraphs (a) to (c) and grass land, that is to say, land which abounds in grass grown naturally and which is capable of being used for agricultural purposes;
(f) "grass land" referred to in paragraph (e) shall, notwithstanding anything contained in that paragraph, be deemed to be rice land if it is situated in a local area referred to in paragraph (d) and in the opinion of the state Government it is fit for the cultivation of rice;
(g) land irrigated by dug wells except in the irrigation command of an irrigation project or in the bed of a river, stream, or natural collection Of water or a drainage channel (being an irrigation project, a river, stream, natural collection of water or a drainage channel which is a perennial source of water) shall be deemed to be irrigated land;
Explanation II.--For the purpose of paragraphs (a) and (b) of Explanation I, a certificate granted by 4 [a competent officer] in respect of any land, after such inquiry as he deems fit that it is perennially irrigated land, or as the case may be seasonally irrigated land and for the purpose of paragraph (g) of Explanation I, a certificate granted by such officer, in like manner, in respect of any source of water referred to in the said paragraph (g) that it is a perennial source of water, shall be conclusive evidence in that behalf;]
5 [ExplanationIII.--For the purposes of Expiation--II,
"competent officer" means--
(a) in relation to any other land or source of water which is situated within the jurisdiction of a canal-officer as defined in clause (6) of section 3 of the Bombay Irrigation Act, 1879 (Bombay VII of 1879) such canal officer; and,
(b) in relation to any other land or source of water, such officer as the State Government may "by notification in the official Gazette, designate in this behalf"
6 [(6A) "Code" means the Bombay Land Revenue Code, 1879 (Bombay V of 1879);].
(7) "Collector" includes an Additional Collector and an Assistant or Deputy Collector performing the duties and exercising the powers of a Collector under the relevant Code or any other officer specially empowered by the state Government to perform the functions of the Collector under this Act;
(8) 7 [** **]
(9) "co-operative joint farming society" means a co-operative farming society--
(i) in which the ownership of all the land under its control vests, and which gets all such land cultivated jointly by its members; or
(ii) the members of which cultivate their lands jointly;
(10) "co-operative farming society", means a society registered as co-operative farming society under any law relating to the registration of co-operative societies in force in any part of the State of Gujarat;
(11) "to cultivate" with its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce, whether by manual labour or by means of cattle or machinery or to carry on any agricultural operation thereon;
Explanation.-A person who enters into a contract only to cut grass or to gather the fruits or other produce of tress, on any land, shall not on that account only; be deemed to cultivate such land;
(12) "to cultivate personally", means to cultivate land on one's own account--
(i) by one's own labour, or
(ii) by the labour of any member of one's family, or
(iii) under the personal supervision of oneself or any member or one's family by hired labour or by servants on wages payable in cash or kind but not in crop share:
Explanation I.--A widow or a minor or a person who is subject to any physical or mental disability; or a serving member of the armed forces shall be deemed to cultivate land personally; if such land is cultivated by her or his servants or hired labour;
Explanation II.--In the case of a joint family, land shall be deemed to be cultivated personally, if it is so cultivated by any member of such family;
(13) "exempted land" means land exempt from the provisions of this Act under section 3;
(14) "fragment" means a fragment as defined in sub-section (4) of section 2 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947);
(15) "to hold land" with its grammatical variations and cognate expressions means to be lawfully in actual...
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