Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949

 
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[Ordinance Act, No. XLI of 1949 ]

[ 8 th July, 1949 ]

Preamble

An Ordinance to provide for the settlement of disputes between land-holders and their tenants and other matters,

WHEREAS it is expedient for the peace and good government of the State of Saurashtra to provide for the settlement of disputes relating to the quantum of Gharkhed land, rent and evictions, between the land-holders and their tenants, for the improvement of the economic and social conditions of peasants, for the full and efficient use of land for agriculture and for certain other matters hereinafter appearing:

Now, Therefore, in exercise of the powers conferred by paragraph (3) of Article IX of the Covenant, read with paragraph III of the Supplementary Covenant and all other powers enabling him in this behalf, the Raj Pramukh is hereby pleased to make and promulgate the following Ordinance:-

Chapter I

Section 1 - Short title, extent and commencement

(1) This Ordinance may be called The Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949.

(2) It extends to the whole of the State of Saurashtra.

(3) It shall come into force on such date as may be specified by Government by a notification in the Official Gazette.*

Footnote:

* This Ordinance was brought into force on 20th July, 1949 by Legal and Constituent Assembly Department notification No. LD/118 dated 13th July, 1949

Section 2 - Definitions

In this Ordinance, unless there is anything repugnant in the subject or context;

(a) "Agency" means the former Western India and Gujarat States Agency;

(b) "agriculture" includes horticulture, raising of crops, fodder or garden produce, dairy farming, poultry farming, stock breeding and grazing, but does not include cutting of wood only;

(c) "agriculturist" means a person who cultivates the land personally;

(d) "an agreeing Talukdar or Estate-holder" means a Talukdar or Estate-holder who has entered into an agreement with the Government of India to accept Zamindari of his Taluka or Estate and to merge his taluka or estate in the State of Kathiawar known thereafter as the State of Saurashtra;

(e) "Bid land" means such laud as has been used by the landholder for grazing his cattle or for cutting grass for the use of his cattle for not less than 10 years previous to 1st January, 1948;

(f) "to cultivate" means to carry on any agricultural operation;

(g) "to cultivate personally" means to cultivate on one's own account--

(1) by one's own labour, or

(2) by the labour of any member of one's family, or

(3) by servants on wages payable in cash or kind, but not in crop-shares or by hired labour, under one's personal supervision or of any member of one's family;

Explanation I. -- An agriculturist who is a widow or a minor or is subject to any physical or mental disability or who is in active service of the Government of the State of Saurashtra, the Government of India or any State Government in India, shall be deemed to cultivate the land personally if it is cultivated by her or his servants or by hired labour;

Explanation II. -- In the case of undivided Hindu family, the land shall be deemed so have been cultivated personally if it is cultivated by any member of such family;

(h) "Gharkhed" means land reserved by a land-holders for cultivating personally;

Provided that the land shall continue to be Gharkhed land even if a landholder allows the same to be cultivated by the tenant cultivating the land, on the 1st January, 1948;

(i) "Government" means the Government of the State of Saurashtra;

(j) "improvement" means with reference to any land, any work which adds to the value of the land and which is suitable thereto as also consistent with the purpose for which it is held and includes,--

(a) the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes;

(b) the construction of works for the drainage of land or for the protection of land from floods or from erosion or other damage from water;

(c) the reclaiming, clearing, enclosing, levelling or terracing of land;

(d) the erection of buildings on the land required for the convenient or profitable use of such land for agricultural purposes; and

(e) the renewal or re-construction of any of the foregoing works or alterations therein or additions thereto as are not of the nature of ordinary repairs;

but does not include such clearances, embankments, levelling, enclosures, temporary wells, water channels and other works as are commonly made by the tenants in the ordinary course of agriculture;

(k) "land" means land which is used for agricultural purposes and includes:-

(a) sites of farm buildings appurtenant to land used for agricultural purposes; and

(b) sites of dwelling houses occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses;

(l) "landholder" means a Zamindar, Jagirdar, Girasdar, Talukdar, Bhayt, Bhagdar, Mulgirasia, Barkhalidar, Inamdar, Jiwaidar or any person who is a holder of land or who is interested in land and whom the Government has declared on account of the extent and value of the land or his interests therein to be a landholder for the purposes of this Ordinance;

(m) "Mamlatdar" includes a Mahalkari and any other officer whom the Government may appoint to perform the duties of a mamlatdar under this Ordinance;

(n) "person" includes an undivided Hindu family;

(o) "prescribed" means prescribed by rules made under this Ordinance;

(p) "profits of agriculture" in respect of any land means the surplus remaining with the cultivator after the expenses of cultivation including wages of the cultivator working on the land are deducted from the gross produce;

(q) "reasonable rent" means the rent determined under section 13;

(r) "rent" means any consideration in money or kind paid or payable by a tenant on account of the use or occupation of the land held by him, but shall not include the rendering of any personal service or labour;

(s) "State" means the State of Saurashtra;

(t) "tenancy" means the relationship of landholders and tenant;

(u) "tenant" means an agriculturist who holds land or lease and includes a person who is deemed to be a tenant under the provisions of this Ordinance;

(v) "Tribunal" means the Agricultural Lands Tribunal constituted under section 58;

(w) "State of Saurashtra" means the State created and established under the Covenant entered into by the rulers of Kathiawar and the Agreement entered into by the Talukdars and Estate-holders of Kathiawar and the former States of Junagadh, Manavadar, Bantwa, Sardargadh, Mangrol and Babariawad which have integrated under the Supplementary Covenant entered into by the representatives of these States and rulers of Kathiawar and includes any other State, area or territory which may hereafter integrate or merge into the State of Saurashtra;

(x) "year" means the year ending on the 31st of March or on such date as the Government may, by notification appoint for any locality;

(y) words and expressions used in this Ordinance but not defined shall have the meaning assigned to them, as the case may be, in the Bombay Land Revenue Code, 1879, as adapted and applied to the State and the Transfer of Property Act, 1882.

Chapter 2 - CHAPTER II

1 [CHAPTER II]

Footnote:

1. Chapter II was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).

Section 3 to 15 - [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)

3-15. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)]

[............................................................]

Chapter 3 - NON-GHARKHED LANDS

3-15. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)]

[............................................................]

Section 16 to 18 - [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)

1 [16-18 . [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)]]

[.....................................................]

Footnote:

  1. Sections 16, 17 and 18 were repealed by the Saurashtra Land Reforms Act, 1951 (Act. No. XXV of 1961).

    Section 19 - Modifications in the SaurashtraLand Revenue Code as adapted and applied

    (1) 1 [The] Bombay Land Revenue Code, 1879, as adapted and applied to the State' shall apply to the estates of landholders to which this Ordinance applies.

    2 [(2).......................................................

    2 [(3)......................................................]

    3 [(4)........................................................]

    Footnotes:

  2. This word was substituted for the words "Subject to the provisions of sub-sections (2) and|(3)" by section 18 of the Saurashtra Estates Acqusition Act, 1952 (Act No. III of 1962).

  3. Sub-sections (2) and (3) were omitted, section 18 of the Saurashtra Estates Acqusition Act, 1952 (Act No. III of 1962).

  4. Sub-section (4) was repealed by the Saurashtra Land Reforms Act, 1951 (Act Non. XXV of 1951).

    Section 20 - [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)

    1[20 [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)]

    .......................................................]

    Footnote:

  5. Section 20 was repealed, the Saurashtra Land Reforms Act, 1951 (Act Non. XXV of 1951).

    Chapter 4 - CHAPTER IV

    1 [CHAPTER IV

    Footnote:

  6. Chapter IV was repealed by the Suurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).

    Section 21 to 22 - Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)

    [..................................................................]

    Section 23 to 34 - Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)

    [.......................................................................]

    Chapter 5 - CHAPTER V

    1 [CHAPTER V

    Footnote:

  7. Chapter V was repealed, the Saurashtra Land Reforms Act, 1951 (Act No...

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