(1) 77[ Subject to the provisions of sub-section (1A), land other than grazing land], which vests in the State Government under section 21 or 26 shall be allotted in accordance with the rules made in that behalf under this Act on payment of occupancy price payable there for in accordance with such rules in the following order of priority :— 78 [* * * * * *] Collector to determine value of land and to make award and effect of award.
Allotment of land vesting in Government.
(ii) co-operative farming society, where it is—
(a) a co-operative joint farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons ;
(b) a co-operative farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons ;
79[(iii) agricultural labourers and landless persons :
(iv) small holders ] :
Provided that the extent of land to be allotted to a co-operative farming society referred to in clause (ii) together with the land held as owner or tenant individually by the members thereof shall not exceed on area equal to the ceiling area multi- plied by the number of members thereof :
Provided further that the State Government may, by notification in the Official Gazette, give, in relation to such local areas as it may specify, such priority in the above orders as it thinks fit to any class of persons who, by reason of the acquisition of their land for any development project approved for the purpose by the State Government, have been displaced, and require to be re-settled.
80[(1A) (a) Where there are two or more co-operative farming societies falling under sub-clause (a) or (b) of clause (ii) of sub-section (1) preference shall be given in the following order, namely—
(i) a co-operative society each of the members of which belongs to a Scheduled Tribe ;
(ii) a co-operative society, the membership of which is held partly by persons belonging to a Scheduled Tribe and partly by persons belonging to a Scheduled Caste ;
(iii) a co-operative society each of the members of which belongs to a Scheduled Caste ;
(iv) (a) a co-operative society, the membership of which is not solely held by persons belonging to a Scheduled Tribe or Scheduled Caste ;
(b) in the order of priority in the case of persons falling under 81[clauses (iii) and (iv)] of sub-section
(1), a person belonging to a Scheduled Tribe shall have precedence over other persons and a person belonging to a Scheduled Caste shall have precedence over persons other than those belonging to a Scheduled Tribe.
(1B) The amount of occupancy price in respect of any land under sub- section
(1), shall be equal to the amount of compensation determined in respect of such land under section 23.]
(2) Where land which vests in the State Government under section 21 or 26 was used by the holder before such vesting, as grazing or growing grass or is gra- zing land, the State Government may dispose it of in such manner as it thinks fit.
(3) An order of allotment of land under sub-section (1) or (2) if made by a Revenue Officer shall be subject to an appeal or resvision as provided in Chapter XIII of the Bombay Land Revenue Code, 1879 as in force in the area whithin the jurisdiction of such officer and nothing in Chapter VI of this Act Bom. V of 1879.
shall apply to such order.
82 [Explanation.-For the purposes of this Act-
(1) "Scheduled Caste" means such caste, race or tribe or part of or group within such caste, race or tribe as is deemed to be a Scheduled Caste in relation to the State of Gujarat under articles 341 of the Constitution of India ;
(2) "Scheduled Tribe" means such tribe or tribal community or part of or group within such tribe or tribal community as is deemed to be a Scheduled Tribe in relation to the State of Gujarat under article 342 of the Constitution of India. ] 83[29A]. Where in respect of any orchards, or in respect of any compact blocks of land which have been so efficiently managed that the breaking or the block is likely to lead to a fall in production, and which vest, after the specifed, date, in the State Government, under section 21 or 26, the State Government is of the opinion that it is necessary in the interest of maintenance of efficient culti- vation and avoidance of any loss of production of agricultural produce to main- tain the integrity of such orchards, or as the case may be, of such compact blocks of land and for that purpose to allot such orchards or blocks otherwise than in accordance with the provisions of sub-section (1) of section 29, the State Govern- ment may allot such orchards, or as the case may be, such blocks of land in accordance with the rules made in that behalf under this Act, on payment of occupancy price, if any, as may be provided therefor in such rules in the following order of priority, namely :—
(a) to a co-operative farming society having not less than sixty per cent of its members, belonging to a Scheduled Tribe or a Scheduled Caste or both;
(b) to any other co-operative farming society ;
(c) to a corporation (including a company) owned or controlled by the State Government :
Provided that if the State Government considers that the allotment of an or- chard or compact block of land in any case is likely to take time and that with a view to preventing it from remaining uncultivated, it is necessary to take such a step, it may allot it to a Department of the State Government for cultvation for such period as may be specified in the order of such allotment ;
Provided further that the State Government, while alloting the land to a co- operative farming society or a corporation, shall impose any such conditions as to the production of improved seeds trial of new varities of crops of fruits, maintenance of high standards of agriculture, wages of working workers on the land, subject to any law pertaining to payment of wages, adoption of improved methods of agriculture and sale of marketable surplus of agricultural produce to Government, as it may think fit.
29B. Any surplus land vesting in the State Government under section 21 84[ or section 26 ] and allotted under this Chapter to any person other than a Department of the State Government shall be subject, on such allotment, to the provisions of the Code. ]