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Section 16

The Gujarat Agricultural Land Ceiling Act-1960State Act of Gujarat · Act 27 of 1960

(1) If in preparing a list under section 13, the Tribunal has reason to believe that any person, holding land in excess of ceiling area, has failed to fur- nish 59[a statement or affidavit] under section 10 or has furnished 59 [ a state- ment or affidavit ] containing incorrect particulars, the Tribunal shall serve a notice on such person to show cause why a penalty should not be imposed on him under section 11.

(2) After serving such notice, the Tribunal shall hold an inquiry and after giving such person an opportunity to be heard, 60[ if the Tribunal is satisfied that the person has without reaosnable cause failed to furnish the statement or affidavit within time, or has submitted, a statement or an affidavit which is false or which contains incorrect particulars, the Tribunal may impose the penalty pro- vided in section 11 and require him to furnish a true and correct statement or affidavit complete in all particulars, within a period of one month from the date of the order].

61[(2A) If the person fails to complay with the order within the time so granted by the Tribunal, then as a penalty for failure to furnish statement or affidavit, or true and correct particulars complete in all respects, the right, title and interest in the land held by him in excess of the ceiling area shall, subject to the provi- sions of this Chapter, be forfeited to the State Government, and thereupon such surplus land shall vest in the State Government free from all encumbrances.]

(3) Any sum imposed by way of penalty under this section, if not paid before such date as the Tribunal may direct, shall be recovered as an arrear of land revenue.

Computation of surplus land.

Tribunal to hold inquiry in respect of contraven- tion of section 11.

17. Where the extent of surplus land is specified in the case of any person, and his total land includes the land referred to in clause (b) or (c) of the proviso to section 15, the surplus land shall be allocated on the following basis, that is to say-

(i) if the total land excluding the land referred to in the said clauses is more than or equal to the extent of surplus land specified in his case, then the surplus land shall come out of such total land, and

(ii) if such total land is less than the extent of such surplus land, then the surplus land shall first come out of the whole of such total land; the remainder shall come out of the land referred to in clause (b) of the proviso to section 15; and the remainder, if any, shall lastly come out of the land referred to in clause (c) of the proviso to section 15.

Where this provision sits

ActThe Gujarat Agricultural Land Ceiling Act-1960
Section16
JurisdictionState of Gujarat
StatusIn force as published by the source

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