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Section 22

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

(1) As soon as may be after an order is made under section 21, the Tri- bunal shall cause public notice to be given at the village where the surplus land speci- fied in the order is situate, stating that—

(a) claims for possession of such surplus land or any part thereof under section 19, and

(b) claims to compensation for all interests in such land, may be made to it,

(2) Such notice shall require the landlord claiming possession under section 19 and in any other case, the owner, tenant, landlord and other persons interested in the land including the holders of encumbrances lawfully subsisting on the land to appear personally or by agent before the tribunal at a time and place therein ment- ioned (such time not being earlier than fifteen days after the said date) and to state the nature of their respective interests in the land 66[The depreciated value of permanent structures and wells, if any, under clause (c) of sub-section (1) of section 23] and particulars of their claims to possession of land or, as the case may be, to compensa- tion for such interest. Every such statement shall be made in writing and signed by the person interested or his agent.

(3) The Tribunal may also by a notice require the person holding the surplus land to make and deliver to it at a time and place mentioned in the notice a state- ment containing as far as practicable the name of the landlord entitled to possession of the land under section 19 and of every other person possessing any interest in the land or any part thereof as co-sharer, mortgagee, landlord or otherwise and of the nature of such interest.

(4) Every person required to make or deliver a statement under sub-section

(3) shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.

23. 67[(1)] 68[Subject to the provisions of sub-sections (2) and (3), the amount of compensation for the land] vesting in the State Government under section 21 shall be the aggregate of the following amounts, that is to say:- 69[(A)] an amount calculated in accordance with such of the following sub-clauses as may be applicable to the land, namely:-

(a) if the land is held on lease from Government, an amount equal to twelve times the full assessment thereof :

70[Provided that in the case of any such land which is held on lease for a period of less than twenty years from the appointed day,

(i) where the unexpired period of lease does not exceed five years an amount equal to six times the full assessment thereof,

(ii) where the unexpired period of lease exceeds five years but does not exceed ten years, an amount equal to nine times the full assessment thereof,

(iii) where the unexpired period of lease exceeds ten years, an amount equal to ten times the full assessment thereof;]

(b) in any other case, if the land is situate—

(i) in a class A local area, two hundred times the full assessment thereof:

(ii) in a class B local area, one hundred and eighty five times the full assessment thereof;

Notice to interested persons.

XLV of 1860.

Quantum of compensation.

(iii) in a class C local area, one hundred and seventy times the full assessment thereof;

(iv) in a class D local area, one hundred and fifty five times the full assessment thereof ;

(v) in a class E local area, one hundred and forty times the full assessment thereof ;

(vi) in a class F local area, one hundred and twenty five times the full assessment thereof ;

(vii) in a class G local area, one hundred and ten times the full assessment thereof ;

(viii) in a class H local area, ninety five times the full assessment thereof;

(ix) in a class I local area, eighty times the full assessment thereof :

71[(c) where the land to which sub-clause (b) applies has not been culti- vated for a continuous period of three years immediately preceding the specified date, an amount equal to twenty-five per cent of the amount arrived at in respect thereof under sub-clause (b) ;

(d) where the land to which sub-clause (b) applies is impartible and non-transferable, an amount equal to twothirds of the amount arrived at in respect thereof under subclause (b).]

72 [(B) an amount equal to the market value of trees in the land belong- ing to the holder of the land ;

(C) an amount equal to the depreciated value of permanent structures and wells if any in the land belonging to the holder of the land and of the pipe lines placed on the land by the holder of the land, calculated as follows:

(i) where such depreciated value does not exceed Rs. 25,000 an amount equal to the full depreciated value ;

(ii) where such depreciated value exceeds Rs. 25,000—

(a) for the first Rs. 25,000 an amount equal to the full depre- ciated value ;

(b) for the next Rs. 25,000 or part thereof, an amount equal to 80 percent, of such amount ;

(c) for the next Rs. 50,000 or part thereof, an amount equal to 70 percent, of such amount; and

(d) for the next Rs. 1,00,000 or part thereof, an amount equal to 60 percent, of such amount.

Explanation.-In this section.—

(1) "full assessment" means, in a case where any land—

(a) is wholly or partially exempt from payment of land revenue, a sum which would have been assessed on such land, had there been no such exemption.

(b) is liable to payment of land revenue but is unassessed a sum which would have been assessed on such land as land revenue.

(2) “depreciated value” means the value equal to the cost of the structures, wells or pipe-lines, as the case may be, and the cost of their construction or placing as reduced by an amount representing their depreciation calculated in the following manner, namely ;-- Amount representing the depreciation

(1) For the first two years after construction Nil

(2) For the next 8 years . . 2-1/2% of the value every year.

(3) For the next 20 years. . 4% of the value every year.]

73[(2) The amount to be calculated under clause (A) of sub-section (1) shall be subject to the maximum amount calculated at the rate of Rs. 2000 per acre (

0.405 hectares ).

(3) While determining the aggregate amount of compensation for the land under sub-section (1) the amount calculated under clause (A) of sub-section

(1) read with sub-section (2) shall be reduced to the extent, if any, specified below :- Amount Extent of reduction Where the amount does not exceed Nil Rs. 20,000 Where the amount exceeds Rs. 20,000

(1) For the first Rs. 20,000 Nil

(2) For the next Rs. 20,000 or An amount equal to 10% of part thereof such amount

(3) For the next Rs. 20,000 or An amount equal to 20% of part thereof such amount

(4) for any amount next in An amount equal to 25% of excess of Rs. 60,000 such amount]

Where this provision sits

ActThe Gujarat Agricultural Land Ceiling Act-1960
Section22
JurisdictionState of Gujarat
StatusIn force as published by the source

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