& Extra No. 12 qt*s *...r..., e? lr. rooo/_ @ ffi
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@be Guiuret Gobernment Guette ,'#m,o,+l",,1[f*I
Vol. LXI
q,
TUESDAY, JULY 2, 2019/ASADHA ll, l94l / Separate paging is given to this part in order that it may be filed as a Separate Compilation ?ARTV
@
Bills introduced in the Gujarat Legislative Assemb$ (To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette. The date ofpublication to be reported.)
The following Bill is published with the oonsent ofthe speaker given under the proviso to rule 127-A of the Gujarat Legislative Assembly Rules: -.
THE GUJARAT PROHIBITION OF TRANSFEROF IMMOVABLE
PROPERTY AND PROVISION FORPROTECTION OF TENANTS
FROM f,,YICTION FROM PREMISES IN THE DISTURBED AREAS
(AMENDMENT) BILL, 2019.
GUJARATBILLNO. T2 OF2O19.
A BILL
further to amend the Gujarat Prohibition of Transfer of Immovable Property and Provisionfor Protection of Tenants from Eviction from premises in the Disturbed Areas Act, 1991.
It is hereby enacted in the Seventieth Year ofthe Republic of India as follows:-
V-Ex.-12 t2-l
1
t2-2 GUJARAT GOVERNMENT GAZETTE, EX. 02-07.2019 I PART
V
Shori titlc rnd 1. (l) This Act may be called the Gujarat Prohibition of Transfer of commcncemcnt'
Immovabie Property and Provision for Protection ofTenants from Eviction from premises in the Disturbed Areas (Amendment) Act, 2019'
(2) It shall come into force at onc€. Amendment in
2. In the Gujarat Prohibition of Transfer of Immovable Property and section 2 ofGuj.
provision for Protection of Tenants from Eviction from prcmises in the 12 of 1991.
Disturbed Areas Act, l9l @ereinafter referred to as'"the principal Act"), in Guj.l2of l99l. section 2, -
(i) in clause (a), after the words and figure "under section 3", the words"and i'*tud", - u.* of five hundred meten adjacent to the boundary of the disturbed area" shall be added;
(ii) after clause (c), the followingnew clauses shall be added, namely:-
"(d) "proper clustering of persons ofone community" withall grammatical variations and cognate expressions shall mean' in relation to a geographical area, a small or large social unit ora group of living things who have something in common' suchas norms, religion, values, or identity and often share a sense of place that is situated in a given geographical area;
(e) "transfer" for the purposes of this Act in relation to an immovable property means a transfer of right, title or interest in or oversuch property or the possession thereof by way of sale, gift, exchange' lease or otherwise and includes allowing possession ofsuch property to b€ taken or retained'
(i) under an agreement to sale; or
(ii) under the power of attorneY; or
(iii) in part performance of confiact ofthe natuie referred to the nature referred to in section 53A ofthe Transfer ofProperty 4 of 1882. Act, 1882; or
(iv) under any other document, whether registered or not or whether notarized or not, evidencing transfer ofpossession of such property.
2
)
PART V GUJARAT GOVERNMENT GAZETTE, EX. 02-07 -2019 t2-1]
(f) "redevelopment of immovable property" means and includes the action or process ofdeveloping something again or diffeiently with or without demolishing the existing immovable property;
(g) "rehabilitation scheme" means a scheme made and specified as such for the purposes of this Act by notification in lhe Oficial Gazette, by State Govemment for relocating the persons displac€d from the lands due to Govemment projects like rail, road, buildings, bridges, dams, and the like.
(h) "Collector" means the Collector appointed by the State Govemment v of 1879. under section 8 of the Gujarat Land Revenue Code, 1879'"'
3. In the principat Act, for the section 3, the following section shall be substituted, namely:-
"3. (l) Where the State Govemment is of the opinion that, Dccl.r.tio[ of - disturhcd rraa.
(i) having regard to the intensity and duration of riot or violence ofmob and such other factors in any area ofthe State, the public order in that area was disturbed for a substantial period by reason ofriot or violence ofmob; or
(ii) polarization of persons belonging to one communityhas taken place or is likely to take place disturbing the demographic equilibrium qlthe persons of different communities residing in that area or thatl$toper clustering of persons of one communityhas taken place or is likely to take place where the mutual and peaceful coherence amongst different communities may go haylvire in that area; or
(iii) for the reasons stated in this sub-section, that area of the State has become prone to disturbance ofpublic order, it may, by notification in the Oficial Gazette,
(a) declare such area to be a disturbed area;
3
t2-4 GUJARAT GOVERNMENT GAZETTE,8X.02-07-2019 [ PART V
(b) speci& the substantial period (hereinafter refened to as "the specified period").
Erylanation. - In this section the word "riot" shall have the same XLV of 1860. meaning as in section 146 ofthe Indian Penal Code.
(2) Where the State Govemment is of opinion that public order in the area declared as disturbed area under sub-section (l) has ceased to be disturbed, it may by notification in the Official Gazette, rescind the notification issued under sub-section (l) in relation to such area and on such rescission the provisions ofthis Act shall cease to apply to such area except as respects things done or omitted to be done under this Act and exc€pt as respects the application of the Gujarat Rents, Bom. LVII of
1947. Hotel and Lodging House Rates Control Act, 1947 to such area, as amended by this Act.".
4. In the principal Act, for section 4, the following section shallbe substituted, namely:-
ccrt in trrtrlfcI! "4. Notwithstanding anything contained in any law for the time being of immov.blc
propcriy to bc in force but subject to sub-section (l) of section 5, all transfers of void.
immovable property situated in a disturbed area made duringthe specified period shall be null and void, with effect from the date ofsuch transfer.".
5. In the principal Act, in section 5, in sub-section (3), for clauses @) and (c), the following clauses shall be substituted, namely:-
"(b) On receipt ofsuch application, the Collector shall hold a formal inquiry in the manner provided by the Gujarat Land Revenue Code, Bom. v orl87e. 1879, and after giving an opportunity to the applicant to be heard and after considering any evidence produced, decide whether -
(i) the immovable property is sought to be transfened in terms of clause (e) of section 2;
4
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PART V ]
GUJARAT GOVERNIvIENT GAZETTE, EX. 02-07:2019 l2-5
(ii) there is free consent ofpetsons intending to be the transfer or and the transferee;
(iii) the transfer is for a fair value of immovable property ProPosed to be transferred;
(iv) there is likelihood ofpolarization ofthe persons belonging to the community causing disturbance in demographical equilibrium of the persons belonging to different communities residing in the area in which the immovable property is proposed to be transferred;
(v) there is likelihood of improper clustering of persons belonging to one community in the area in which the imrnovable property is proposed to be transfertedand accordinglY,-
(a) reject the aPPlication; or
(b) by an order in writing, give previous sanction tothe proposed transfer of immovable property'
(c) The Collector shall decide the application made under sub- section (2) preferably within a period of three months from the date of receiPt of aPPlication:
Provided that the Collector may extend the said period by recording reasons which necessitated extension ofthe said period'"' 6.In the principal Act, for section 54, the following section shall be substituted, namely:-
"5A. (1)(a) Where a transfer of immovable property is null and voidObligations of transferorand
under section 4, the transferor who has received any consideration for suchtrsnsferee who have reteived
transfer shall retum the consideration to the transferee- advantage under
null and void
orders. (i) where such transfer is made before the date of commencement of the Gujarat Prohibition ofTransfer of Immovable Property and Provision ' for Protection of Tenants from Eviction from premises inthe
t2-6 GUJARAT GOVERNMENT GAZETTE,EX.02-07.2019 [ PART V Guj. of Disturbed Areas (Amendment) Act, 20 I 9, within six months from the
2019..
date of such commencement, or
(ii) where such transfer is made after the date of such commencement, within six months fiom the date of such transfer.
(b) the transferee or any other person on whose behalf of such transferee (hereinafter in this section referred to as the 'agent' has possession of such immovable prope(y shall restore the property to the transferor within the said period of six months.
(c) the transferee shall not make any improvement in the property and the Collector may, by an order, restrain the transferee to make any improvernent in the property.
(2) (a) Where a transferor fails to retum the consideration to the transferee within the said period of six months, or
(b) where a transferee or his agent fails to restore possession of the immovable property to the transferor within the said period of six months, the transferee in case ofclause(a) of sub-section (l) and the transferor in case of clause (b) of sub-section (l) may make an application in such form and within such period as may be prescribed, to the Collector for making an order directing the transferor to retum the consideration to the hansferee or, as the case may be, directing the transferee to restore possession of the immovable property to the transferor.
(3) The Collector may at any time sro ,nolu or on application made to him under sub-section (2), shall, after making a formal inquiry in the Bom. V of lE?9.
manner prescribed by the Gujarat Land Revenue Code, 1970 and after giving the transferor and the transferee or, as the case may be, his agent an opportunity of being heard and after considering any evidence which may be produced, make an order in writing directing the transferor to retum such consideration to the transferee within such
6
+ PART V ] GUJARAT GOVERNMENT GAZETTE, EX. 02-07-2019 12.7 time as may be specified in the order or, as the case may be, an order in writing directing the transferee or his agent to restore the possession of the immovable property to the transferor within such time as may be specified in the order or make such other order as he deems fit. (4)(a) Where the transferor fails to retum the consideration to the transferee within the time specified in the order made under sub-section (3), the Collector may recover the consideration from the transferor as an arrear ofland revenue and pay the same to the transferee after deducting the expenses for such recovery.
(b) Where the transferee or his agent fails to restore possession of the immovable property within the time specified in the order made under sub-section (3), the Collector may, notwithstanding anything to the contrary contained in any law for the time being in force, evict the transferee or his agent from the immovable property and take possession ofsuch property and may, for such purpose use or cause to be used such force as may be necessary, and restore the possession ofsuch property to the transferor.
(5) Where a transferor fails to take possession ofsuch property, the property shall temporarily be in the custody of the Collector and the Collector may take such measures as he considers necessary or expedient for securing and managing such property subject to the provision of the rules made in this behalf until the said property is disposed ofby the Collector in the manner as may be prescribed.".
1
In the principal Acq for section 6, the following section shall be substituted, namely:-
Appcal."6. (1) Any person aggrieved by the decision ofthe Collector rejecting an application under sub-section (2) of section 5 may file an appeal before the State Govemment in such manner, within such time, and on payment ofsuch fees, as may be prescribed:
l2-8
GUJARAT GOVERNMENT GAZETTE, EX. 02-07-2019 I PART V Provided that ifthe App€llate Officer is satisfied that such person '
was prevented from preferring an appeal within the prescribed time limit for suffrcient caus€, he may entertain the appeal even aftersuch prescribed time limit.
(2) The State Govemment shall, after affording an opportunity of being heard to such person, may confinn, revise or dismiss the order against which appeal is prefened.".
Inscrtion oftrct 8. In the principal Act, after section 6, the following sections shall be sections 6A to 6E
in Guj- 12 of
inserted, namely:-
t99l.
"6A. (l) Nothing in section 4 and 5 shall apply tothe transfers of Scctions 4 rnd 5
not to IPPIY to
immovable properties by the persons residing in such rehabilitation ccrtain lrltrlfcl
ofimmovsblc
schemes of the State Govemment in the disturbed area, as may be ProPcrty in
rehabilitation
specified by the State Govemment by notification in the Oficial Gazette' tchamas.
(2) Nothing in section 5 shall apply where the State Govemment relocates the persons in any of is rehabilitation schemes falling in the disturbed area.
Rcd.vclopmcnt 68. Any person who desires to redevelop the immovable property of immovebl.
standing in his name in the revenue records for further transfer whole or propcrt!'.
part thereof after redevelopment, shall apply under sub-section (l) of section 5 for getting previous sanction of the Collector and thereupon, the remaining provisions of section 5 shall apply to such application mutdtis mutandis;
Provided that previous sanction of the Collector shall not be required in case a person intends to redevelop his immovable property for his personal use.
Revision. 6C. The State Government may, on its own motion or on application, call for and examine the records of any order passed or proceeding taken under the provisions of this Act and against which no appeal has been
8
q PART V ] GUJARAT GOVERNMENT GAZETTE, EX. 02-07.2019 t2-9 preferred under section 7 for the purpose of satisrying itself as to the legality or propriety of such order or as to the regularity of such procedure and pass such order with respect thereto as it may think fit:
Provided that no such order shall be made except after giving the person affected a reasonable opportunity ofbeing heard in the matter. P.nalty for 6D. Whoever contravenes the provisions of section 4, 5 or 6 shall on contr{vcntion of
oflhc conviction be punished with imprisonment for a term which shall not be
provisions
Act.
less than three years but which may extend to five years and with fine which shatl not be less than rupees one lakh or ten per cent' ofthe value of property derived based on the jantry ofthe property, whicheveris higher, shall be levied.
Cogniz-rblc
6E. Notwithstanding anything contained in the Code of Criminal off.nc..
Procedure, 1973, the offence punishable under section 6D shallbe
2 ol1911. cognizable.".
Inicrtion ofncw s.ctions l5A to 8' In the Principal Act, after section 16, the following sections shall be l6C in Gui. l2 of
1991. inserted, namely:-
Constitutiorr of "16A. (l) The State Govemment shall, as soon as may be after the MonitorinS.nd
Advisory commencement of the Gujarat Prohibition of Transfer of Immovable Commiit.e.
Property and Provision for Protection of Tenants from Eviction from Guj. of 2019.
premises in the Disturbed Areas (Amendment) Act, 2019, constitutea Committee called the Monitoring and Advisory Committee.
(2) The Monitoring and Advisory Committee shall consist of a Chairperson and such number of other official members as the State Covemment may deem fit.
(3) The Monitoring and Advisory Committee shall conduct or cause to be conducted studies in the disturbed areas to ascertain from time to time whether the proper clustering of people of the community is maintained.
(3) The Monitoring and Advisory Committee shall advise -
9
t2-10 GUJARAT GOVERNMENT GAZETTE, EX. 02.07-2019 I PART V
(a) the State Govemment either generally as regards any rules or for any other purpose connected with this Act;
(b) the Collectoi in discharge of his functions under this Act. Additional
168. Notwithstanding anything contained in - Provisions.
Guj. l0 of (l) the Gujarat Co-operative Societies Act, 1961, the persons
1962.
seeking to register a co{perative housing society or Chairman or Secretary ofthe society shall, when a person before transferring his right, title or interest in his holding in a cooperative society in the specified area, along with the application for registration ofsuch society, or as the case may be, before transfening his right, title or interest in his holding in such society shall file a self{eclaration that no breach of section 4 or 5 shall take place due to registration of the co-op€rative housing society or transfer ofright, title or interest in his holding in such society.
(2) the Gujarat Provincial Municipal Corporations Act, 1949, the Bom. LIX of
t949. person shall, at the time of applying for the permission for getting building use of immovable property situated in the specified area, file a selfdeclaration that occupation of houses on getting permission to use the building shall not invite any breach ofthe provisions of sections 4 or Guj. 34 of (3) 1964. the Gujarat Municipalities Act, 1963, the person shall, at the time of applying for the permission for getting building use of immovable property situated in the disturbed area, file a self{eclaration that occupation ofhouses on getting permission to use the building shall not invite any breach ofthe provisions of section 4 or 5;
XVI of 1908. (4) the Indian Registration Act, 1908, the registering authority shall not accept or register any document relating to immovable property situated in the specified area which is required to be compulsorily registered unless the order granting previous sanction of the Collector under section 5 is produced along with the document sought to be registered.
10
t\ PART V l
GUJARAT GOVERNMENT GAZETTE. EX. 02.07 -2019
t2-lL Special 16C. The State Govemment shall constitute a Special Investigation Team Investigetion for Police Commissionorate area comprising of Collector, police Team.
Commissioner and Municipal Commissioner and for rest of area a team comprising of Collector, Superintendent of police and Regional Municipal Commissioner of the concemed district.
(2) The special investigation team shall discharge the following functions, namely:-
(i) assist the State Govemment in forming opinion before declaration ofany area to be a disturbed area under section 3;
(ii) assist the authorized officer in examining the cases as may be referred by the authority before grant of sanction or otherwise under section 5;
(iii) assist the Monitoring and Advisory Committee in gathering necessary information in regard to sub-section (3) ofsection 16A. Am.ndmcrt of 16D. Each ofthe Acts specified in the second column ofthe Schedule cartsio Actr.
shall be amended in the manner and to the extent specified against it in the third column thereof.
SCHEDULE
(See section l6D)
| Sr. No. |
| Short title |
Extent of Amendment. |
| I |
2 |
| , |
| I |
| The Indian Registration Act, 1908. (XVI of 1908) |
| Ameodment of section 17 of XVI of 190t. |
| In the Registration Act, 1908 in its application to the State of Gujarat, in section 17, in sub- section (l), - (i) to clause (e), after the existing proviso. the following proviso and Explanation thereunder shall be inserted, namely:- "Provided further that the registering authority shall not accept or register any document relating to immovable property situated in the disturbed area which is required to be |
11
GUJARAT GOVERNMENT GAZETTE, EX. 0247-2019 I PART Vt2-12 cornpulsorilY registered unless
the order granting Previous
sanction of the collector under
section 5 of the Gujarat
Prohibition of Transfer of
Immovable Propertyand
Provision for Protection of
Tenants from Eviction from
premises in the Disturbed
Act, l99l is Guj. 12 of 1991. Areas Produced along with the document
sought to be registered.
Explanation. - For the PurPose
of this sub-section,the
expression "disturbed area"
shall have the meaningas
assigned to it in the Gujarat
Prohibition of Transfer of
lmmovable Propertyand
Provision for Protection of
Tenants from Evictionfrom
premises in the Disturbed
Gul. l2 of 1991.
Areas Act, 1991".
2 The Gujarat
Insertion of
'2638. Permission for getting Provincial
new section
building use of immovable 2638 ir Bom.
Municipal property situated in theLIX of 1949. Corporations Act, disturbed area. The Person 1949. (Bom. LIX
shall, at the time of aPPlYing for of 1949) the permission for getting building use of immovable property situated in the disturbed area, file a self-declaration that occupation of houses on getting permission to use the building shall not invite any breach ofthe .provisions of section 4 or 5 ofthe Gujarat Prohibition ofTransfer of lmmovable ProPertyand
12
\) PART V I GUJARAT GOVERNMENT GAZETTE,EX.02-07-2019 t2-13 Provision for Protection of
Tenants from Evictionfrom
premises in the Disturbed Areas
Act, Guj. 12 of
1991.
1991.
Explanation.- For the purpose of this section, the exPression
"disturbed area" shall have the meaning as assigned to it in the Gujarat Prohibition ofTransfer of Immovable PropertYand
Provision for Protection of Tenants from Evictionfrom premises in the Disturbed Areas Act, 1991.".
3. The Gujarat
Amendmetr. of I In the Gujarat Municipalities Act, I Municipalities
sectioo l57of I tS6a, ln section 157, after sub- (Guj. Guj'34or
|
Act, 1963. 1964' lsection {'ul)n. d th e followins sub- I 34 of 1964) I ,..tion ,t. Expliration I
thereunder shall be inserted.
I I
lnamely:- ] lrtn;rn" person shall, at the Itime ol delivering or sending I notice to the Chief Oflicer for lcompletion certificate for the I permission for getting building I ur" of immovable ProPerty I situated in the disturbed area, file I a self-declaration that occupation I ol houses on getting Permission I to use the building shall not invite I any breach of the Provisions of lsection 4 or 5 of the Gujarat I Prohibition of Transfer of llmmovable
ProPertyand I Provision fo r Protection of lT"nrrr. from Evictionfrom I I premises in the Disturbed Areas I IAct. 1991. Guj. l2 of 1991.
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12-14 GUJARAT GOVERNMENT GAZETTE,EX.02-07-2019 [ PART V
| Explanation.- For the purpose of this sub-section, the expression "disturbed area" shall have the meaning as assigned to it in the Gujarat Prohibition ofTransfer of Immovable Property and Provision for Protection of Tenants from Eviction from premises in the Disturbed Areas Act, 1991.". |
| 4 |
The Gujarat Co- operative Societies Act, 1961. (Guj. X of 1962) |
| Amendment of section E of Guj. X of 1962. |
In the Gujarat Co-operative Societies Act, 1961, - (i) in section 8, after sub-section (l), the following sub-section and Explanation thereunder shall be inserted, namely:- "(lA) The persons seeking to register a co-operative housing society in the disturbed area shall, along with the application for registration ofsuch society, file a self{eclaration that no breach of section 4 or 5 of the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from premises in the Disturbed Areas Ac! l99lshall take place due to registration of the co-operative housing society. Explanation.- For the purpose of this sub-section, the expression "disturbed area" shall have the meaning as assigned to it in the Gujarat Prohibition ofTransfer of Immovable Property and Provision for Protection of Tenants from Eviction from |
14
t5 PART V I GUJARAT GOVERNMENT GAZETTE,EX.02-07-2019 t2_t5 premises in the Disturbed Areas
Act, 1991.";
Amcndmetrt of
(ii) the existing section 26 shall section 26 of be renumbered as sub-section (l) Guj.12of
of that section and after sub-
1991.
section (l) as so renumbered, the following sub-section and Explanation thereunder shall be inserted, namely:-
"(2) The Chairman or, as the case may be the Secretary of the co- operative society shall, before transferring the right, title or interest in the holding in a co- operative society in the disturbed area, file a self-declaration that no breach of section 4 or 5 ofthe Gujarat Prohibition ofTransfer of Immovable Property and
Provision for Protection of Tenants from Eviction from premises in the Disturbed Areas Ac! l99l shall take place due to transfer ofright. title or interest in the holding in such society. Explanation.- For the purpose of this sub-section, the expression
"disturbed area" shall have the meaning as assigrred to it in the Gujarat Prohibition ofTransfer of Immovable Property and
Provision for Protection of Tenants from Eviction from Guj. l2 of
premises in the Disturbed Areas 1991. Act, 1991.".
15
t2-16 GUJARAT GOVERNMENT GAZETTE, E){. 02-07.2019
I PART V
STATEMENT OF OBJECTS AND REASSONS
The Gujarat Prohibition of Transfer of Immovable Propertyand Provisions for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991 prohibits the transfer of immovable property in the disturbed areas of the State. During the implementation of the said Act in the State, it is experienced that in many cases properties are transferred in contravention ofthe provisions of the Act and unscrupulous persons come in illegal possession ihereby. In order to curb such illegal transfers of immovable property, and to protect the interest ofthe lawful owners, it is considered necessary to amend the aforesaid Act.
In place ofthe existing provision in section 3 of the aforesaid Act, a new provision is sought to be substituted whereby, while enlarging the instances for declaration of any area to be a disturbed area illegal transfers of immovable property disturbing the proper clustering of the persons of one communityand io have harmonious demographic equilibrium by introducing the concept of identification ofproper clustering ofthe persons ofone community on the basis of the traits of the residents of a particular geographical area having common norms, religion, values or identity and sharing a sense ofplace in the said area' It is also considered necessary to have proper scrutiny of applications seeking permission to transfer immovable property in the disturbed area and for the said purpose, in place of existing two tests to be applied before granting of permission to transfer such immovable properties, viz. the free consent and fair value ofproperty, it is proposed to enlarge the scope of inquiry being made by the Collector before granting permission under the Act with a view to checking transfer of immovable property going out ofthe hands oftheir lawful owners' It is also considered necessary that in the appeals being filed under the Act, the persons being aggrieved by the orders of the Collector bught to be granted chance to put their stand before the appellate authority and therefore, it is proposed that such persons may be heard before passing any order on appeal' Likewise, in order to safeguard the rights of lawful owners, a new provision for revision of the order passed by the Collector by the State Govemment and to achieve the said purpose, a new provision is required to be inserted in the Act. With the passage of time, the immovable properties deteriorate in conditions and there is also possibility that the lawful owners require more space in their property. For the said purpose, re-development for own use and re- development ofthe property with the permission ofthe Collector is proposed. Also with the passage of time, as the State Government calryout different rehabilitation projects in various areas, it is also found necessary to exempt the residents in such rehabilitation projects from the provisions of the Act
16
(+ PART V ] GUJARAT GOVERNMENT GAZETTE, EX. 02.07 -2019
12-17 To have a deterrent effect on the unscrupulous persons from taking over the immovable properties in the disturbed areas, it is also considered necessary to increase the quantum ofpunishment and the amount offine. For that purpose, it is proposed that the relevant piovision is required to be suitably amended for providing that in case of breach of the provisions ofthe Act, the accused shall be liable to imprisonment for a period which is not less than three years and upto five years and with fine of Rs. 100000/- to 109/o ofthe value of property whichever is higher.
It is also found during the implementation ofthe said Act that the persons apply various modes of transfer of immovable property and therefore, on one hand the definition of the term "transfer" is required to be enlarged and the other State Acts like Gujarat Co-operative Societies Act, l96l; the Gujarat Provincial Municipat Corporations Act, 1949; the Gujarat Municipalities Act, 1963 and the Indian Registration Act, 1908 are also require suitable amendments. Necessary provisions for amending the aforesaid Acts are also proposed for that purpose' It is also considered necessary to have a apex authority to studyand advise the authorities and for that purpose, a new provision has been inserted in the said Act for constituting Monitoring and Advisory Committee consisting of Chairperson and other members as may be appointed by the State Govemment as also constitute a Special tnvestigating Team under the Act. The Bill seeks to amend the Gujarat Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from Premises in disturbed Areas Act, l99l to achieve the aforesaid objects' KAUSHIKPATEL'
MEMORANDUM REGARDING DELEGATED LEGISLATION
This Bill provides for delegation of legislative powers in the following respects:--
17
t2-t8
GUJARAT GOVERNMENT GAZETTE, EX. 02-07-2019 [ PART V Clause 3.- (i) Sub-section (l) of section 3 ofthe Act proposed to be substituted by this clause, empowers the State Government to declare, by notification in the Offcial Gazette, such area to be the disturbed area andalso empowers to speciry the substantial period in the circumstancesas mentioned therein;
(ii) Sub-section (2) of section 3 of the Act proposed to be substituted by this clause, empowers the State Govemment to rescind, by notification in the fficial Gozette, lhe notification issued under sub- section (l) in relation to the disturbed area.
Clause 7.-Sub-section (l) ofsection 6 ofthe Act proposed to be substituted by this clause, empowers the State Government to prescribe by rules, the manner in which, the time within which and the payment of fee alongwith which the person aggrieved by the decision ofthe Collector rejectingan application under sub-section (2) ofsection 5 ofthe Act may file an appeal before the State Govemment.
Clause 8.- Sub-section (l) of new section 6A proposed to be inserted by this clause, empowers the State Govemment to sp€ciry, by notification in the Oficial Gazette, the rehabilitation schemes of the State Government in the disturbed area
The delegation of legislative powers, as aforesaid, is necessary and is of a normal character.
Dated the 2d July,20l9. KAUSHIK PATEL.
By order and in the name ofthe Govemor of Gujarat,
Gandhinagar. K. M. LALA,
Dated the 2"d July, 2019. Secretary to the Government of Gujarat, fcgislative end Perliementary Alfeirs Depsrtm€nt
Govemment Central Press, Gandhinagar.
18