Gujarat act 007 of 2017 : The Gujarat Validation of Occupancy and Allotment of Certain Lands of Excess Vacant Land vested in the State Government (under the Urban Land (ceiling and Regulation) Act, 1976) ) Act,2017.

Extra No. 7 ©

tltbe d9ujarat @obernment ~a?ttte

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. LVTII ) WEDNESDAY, MARCH 15, 2017f1'RAJ.,GUNA 24, 1938 Separate paging is given to this Pa rt in order that it may be filed'" a Separnte Compiht!ion.

PART IV

Acts of Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the Governor on the J 4'⁰·March, 2017 is hereby published for general information.

KM. LALA,

Secretary to the Govenunent of Gujarat, Legislative and Parliamentary Affairs J)epartmcnt.

GUJARAT ACT NO. 7 OF 2017.

(First published, after having received the assent ofihe Governor. in the "Gujarat Govemmeni Gazelle", on the J 5 1b March, 201 7).

AN ACT

to provide for validation of occupancy and allotment of certain lands of excess vacant land vested in the State Government under sub- section (3) of section JO of the Urban Land (Ceiling and Regulation) Act, 1976 and whose possession had been taken over by the State Government prior to the 30¹⁰March, 1999 and for the matters connected therewith or incidental thereto.

EX. IV-7 7- t

1

7-2 GUJARAT GOVERNMENT GAZETTE, EX. 15-03-2017 [PART IV WHEREAS lhe Government of India had enacted the Urban Land (Ceil ing and Regulation) Act, 1976 to provide for the imposition 33 of1976. of a ceiling on vacan t land in urban agglomerations and for the acqu isition of such land in excess o f the ceiling limit; A Nfl \VII FRF i\S in view (\f suh-scct i()n (::') of section I ul' the Urban Land (Ceiling and Regulation) Repeal Act, 1999, the said 1s of t99?. Repealing Act shal.1 apply to any other State from the date on which the Legislature of the State adopts the Act by passing a resolution in that beha lf under clause (2) of an icle 252 o f the Constitution of India; AND \VJ IEREAS the Gujarat State Legislature had adopted the said Repealing Act, I 999 by resolution on the 30¹¹¹March, 1999 and thus it has come into force in the State of Gujarat with effect from the 30'h March, 1999;

AND WHEREAS the Urban Land (Ceili ng and Regulation) Act, 33 of J9?6. 1976 Act has thus been rerealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999 with effect from the 30'¹¹March, 1999; J5 of 1999. AND WHEREAS before the repeal of the said Act of 1976,

certain excess vacani lands have been vested in ihe State Government under the provisions of the sa id repea led Act ;

AND WHEREAS the State Government is requi red to allot such surplus exce-ss land vested in it in the manner as provided in the said repealed Act;

AND WI IEREAS the residential structures had already come up on such excess vacant land the possession of which had been taken over by the State Government prior to the 30'" March, 1999:

AND WHEREAS the persons belonging to the lower economic strata of the society in the urban agglomerations have been in occupancy of the residential structures and as such are in the occupation of such excess vacant lands;

AND WHEREAS the State Government is o f the view that it wi ll cause great hardship to such occupams if steps arc taken to remove them from such occupancy;

2

PART JV] GUJARAT GOVERNMENT GAZETTE, EX. 15-03-2017 AND WHEREAS the State Government is committed to forthering equitable distribution of land in the tirban agglomerations for the benefit of the economically weaker sections of the society; It is hereby enacted in the Sixty-e ighth Year of the Republic of India as follows:-

7.3

1. ( I) This Act may be called the Gujarat Validation of Occupancy and Sborttitleaud Allotment of Certain Lands of Excess Vacant Land Vested in the State commencement. Government (under the Urban Land (Ceiling and Regulation) Act, 1976) Act, 2017.

(2) It shall be deemed to have come into force on the 15°' December,

2016.

2. ln this Act, unless the context otherwise requires,· (a)"Corporation" means the Municipal Corporation as defined by clause Born. J.JX

or 1949. (10) of section 2 of the Gujarat Provincial Municipal Corporations Act, 1949;

(b )"excess vacant land·' means the land vested in the State Government the possession of which has been taken over by the State Government under the repealed Act before the 30 1h March, 1999;

(c)'·occupant" means the person who is in occupation of the residential structure constructed on the excess vacant land from or prior to 1"

January, 2011 ti ll the date of coming into force of this Act and includes such person who as a result of a transaction or transactions during the period commencing from I" January, 201 I and end ing on 31" May, 2016 is in occupation of such structure on the date of coming into force of this Act;

(d)"occupancy price" means such sum of money as notilied by the State Government which the occupant is obliged to pay for validating the occupancy;

(e)"prcscribcd" means prescribed by rules made under section 15; (!)''repea led Act" means the Urban Land (Ceiling and Regulation) Act 1976;

33 or 1976. (g)"residential structure" means an abode of any type on the excess vacam land used by the occupant for the purpose of personal

Definitions.

3

7-4 GUJARAT GOVERNMENT GAZETTC, EX. 15-03-2017 (PART IV habitation and includes any appurtenant livelihood activities within the said structure;

(h) "State Government" means the Government of Gujarat.

\'a lidation of 3. Not\vithstandjng anything contained in (tny other la\Y 0 1 in any Occu1>ancy

and

Allottnent of

Exct.ss

\¹::ic:~nt L'rnd.

j udgment, decree or order of any competent Court, the State Governmell! may validate the occupancy and allot certain lands of the excess vacant land vested in it, whose possession was taken over under the repealed Act in the manner as provided hereinafter. Application 4. The occupant of the residential structure shall, for the purpose of for va lidation of his occupancy of land and a llotment thereof, make an

\ 'alidation of

Oocupancy application, in the prescribed form along with such fee as may be

of Land and

Allotment prescribed towards che occupancy price as may be dctcnn incd by the thereof. State Government in this behalf; to the Mamlatdar within a period of three months from the date of coming into force of this Act or within such time as may be extended by the St

Doc:.un1enrs IQ be

sub111itted

S. (I) The occupant shall, alongwith his application shall submit a copy of nocice given to him under sections 61 and 202 of the Gujarat Land with Revenue Code, 1879 and the orders thereunder, if any.

,\µplication.

(2) The occupant shall. in order to cla im the occupancy, submit a longwith his application of the oldest possible origin, any one or more of the following documents. namely:-

( i) Ration Card;

( ii) ;\adhaar Card;

(iii) Passport;

(iv) Driving Licence;

(v) Voter ID card;

(vi) Electricity bill;

(vii) Property tax bill :

(viii) Water Charges bi ll :

B-0m. vor

187?.

4

PART IV] GUJARAT GOVERNMENT GAZETIE, EX. 15-03-2017 Provided that the occupant, may in support of his c laim of his occupancy, also submit the copy of the sale deed or agreement for sale or an instrument for possession, if any.

(3) The occupant shall. for the purpose of his identity, submit a longwith his application any one or more of the following documents, namely:-

(i) PAN card;

(ii) Aadhaar card;

(iii) Passport;

(iv) Driving License;

(v) Voter ID card. 6.The Ma1nalatdar shall, after receiving the application under section 4, issue a notice in such fonn as may be prescribed inviting thereby the objections from any person within a period of one month from the dare of such notice with regard to the claim of occupancy made by the occupant.

7-5

Notie;e for ln,cHing ObjcctiOD.\i by Marna1atdar.

7. (I) In case where the ot

(2) In case where the occupant's application is not rejected under sub- section ( l) and the Mamalaidar is satisfied about the genuineness of the claim of 1he occupant in respect of the residential s tructure laking into consideration the relevant documents, he shall issue a notice to the occupant directing thereby him to make the remaining payment towards lhe occupancy price for the purpose of val idation of occupancy and allotment of the excess vacant land:

Provided that for arriving at such satisfaction as referred to above. the Mamalatdar may also take into consideration any data of house to house survey carried out by either the Central Government or the State Government, as the case may be, old records of Ration card

5

7-6 GUJARAT GOVERNMENT GAZETTE, EX. 15-03-:lO 17 [ l'/\l{T IV

8;1r of lrausfer or auoued land.

and Electoral roll or any other document or documents, as he deems fit, wh icn may be available in his office or in any other public office.

(3) The occupanl shall, within a period of one month or the receipt of the notice under sub-section (2), make the necessary paymenl as envisaged in the notice, failing which his application shall be deemed to have been rejected.

(4) After the necessary payment as provided under sub-section (3) is made, the Mamalatdar sha ll pass an order, in such form as may be prescribed, or va)ida1ion of occupancy and allotmcnl of !he excess vacant land in the manner and subject to such conditions as the State Govenui1en1 may prescribe.

8. No occupant in whose favour an order is made under sub-section ( 4) of section 7 for allolment of land or his heirs shall transfer such land before the expiry of fifteen years from the date of such order. Conscqueo«s 9.Jn case where the occupant of any residential structure fails to make an

in the event of

application as provided under section 4 within the prescribed time limit, failing to n1ake

au appti

Appeal. 10.(l) Any person making a claim including the occupant, being aggrieved by any order of the tvlamalatdar passed under sub-section (4) of section 7, may prefer an appeal before the Appellate Officer with in a period of sixty days from the receipt of such order:

Provided that if the Appellate Officer is satisfied that such person was prevented from preferring an appeal with in the prescribed time limit for sufficient cause, he may entertain the appeal even after such prescri bed time limit but not exceeding six months:

Provided further that in case where appeal is preferred by any person or the occupant, the same shall no! !)e entertained unless the

Bo1n. ' ' of 1879.

6

PART JV] GUJARAT GOVERNMENT GAZETIE, EX. 15-03-20 17 payment is made as is determined by the State Government under section 4 while making an application by the occupant.

(2) The State Government may appoint, by notification in the Official Gazeue, as many Deputy Collectors as the Appellate Officers for different areas or for part of any area as it may deem necessary.

(3) The Appellate Officer shall, ancr affordi ng an opporrunity of being heard to such person, may confirm, revise or dismiss the order against wh ich the appeal is preferred.

7-7

11.( I) Any person, including the occupant, being aggrieved by any order Rcvishrn. of the Appellate Officer made under sub-section (3) of section 10, may prefer revision application before the Special Secretary, Re venue OcpaJ1ment (Appeal) within a period of sixty days of such order and his decision shall be final:

Provided that in case where the revision appl ication is preferred by any person or the occupant, the same shall not be entertained unless the payment is made as is determined by the State Government under section 4 while making an application by the occupant.

(2) The Spec ial Secretary, Re venue Oepmtment (Appeal) may constitute the special benches at Surat, Yadodara and Rajkot for entertaining the applications made under sub-section (!). 12.No Civil Court shal l have any jurisdiction to dea l with or decide any question which the Mamalatdar, the Appellate Officer or the Revision Authority is empowered to deal with or decide by or under this Act and no injunction shall be granted by any Civil Court in respect of any action taken or to be taken in pursuance of any power by 01· under this Act.

13.Any payment made as provided under section 4 by the occupant along with the application or any payment made under section I 0 for preferring an appeal or for preferring revision application under section

7

7-8 GUJARAT GOVERNMENT GAZETIE, EX. I 5-03-20 17 [PART IV

Pon·er to make

rulc-o;.

Government or any officer of the State Government in respect of an)·1hing which is in good faith done or intended to be done by or under this Act.

IS. ( J) The State Government may, by notilication in the Official Gazelle, make ru les for carrying out

(2) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be they are made and shall be subject to the recession by the State Legislature or to such modi fication as the State Legislature may make during the session in which they are so laid or the session immediately following.

(3) Any recession or modification so made by the State Legislature shall be published in the Official Ga:zelle, and shall thereupon take effect.

8

Extra No.31 qf{s etcl%q'il ee 1t. €qoo/- @be Gufirff Gobernmtnt Gurette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. LVIII THURSDAY, AUGUST 20LT{BHADRA 2, 1939 Separate paging is given to this Part in order that it may be filed as a Separate Compilation.

ART IV

Acts of Gujarat Legislature and Ordinances,promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the Govemor on the 23dAugust, 2017 is hereby pubrished for geieral information.

K. M. LALA,

Secretary to the Govemment of Gujarat, Legislative and Parliamentary Affairs Department.

GUJARATACT NO.30 OF 2017.

(First published, after having received the assent of the Govemor. in the

"Gujarat Government Gazette", on the 24tr Augus! 2017).

AII ACT

further to amend the Gujarat validation of occupancy and Allotment of certain Lands of Excess vacant Land vested in the State Government (under the Urban Land (Ceiling and Regulation ) Act, 1976) Act,2017. It is hereby enacted in the Sixty-eighth year of the Republic of India as follows:-

1. This Act may be called the Gujarat validation of occupancy and

9

31-2 GUJARAT GOVERNMENT GAZETTE, EX. 24-08-2017 [ PART IV Amendment 2. In the Gujarat Validation of Occupancy and Allotment of Certain ofsection^{7 of}

Guj. 7 of Lands of Excess Vacant Land Vested in the State Govemment (under the 'ott' Urbun Land (Ceiling and Regulation) Act, 1976) Act, 2017 (hereinafter Guj. 7 or refened to as "the principal Act"), in section 7, in sub-section (3), for the 2ol7'

.F words, brackets and figure "within a period of one month of the receipt of the notice irnder sub-section (2)",the words "ivithin period as may be prescribed"

shall be substituted.

Amendment 3. In the principal Act, to section 8, the following proviso shall be added, of section 8

of Guj. 7 of namely:-

2017.

"Provided that nothing in this section shall preclude a nationalized bank from recovering its legitimate dues under the relevant law from an occupant even before the expiry offifteen years.".

Govemment Central Press, Gandhinagar

10