NOTIFICATION Revenue Department Sachivalaya, Gandhinaga r.
Gujarat Agricultural Lands Ceiling Act, 1960.
Dated the 196 July, 2llg /r/ ,-/ No. DHM/ 6l l20l9l{Lcll020l4ll066lCHH :- WHEREAS certain draft rules were published as required by sub-section ( I ) of section 53 of the Gujarat Agricultural Lands Ceiling Act, 1960 (Bom. XXVII of 1961), at pages 56-l to 56-3 in the Gujarat Government Gazette, Extraordinary, Part -IV B, dated the 2l't February, 2019, under the Govemment Notification, Revenue Department No. DHIW07/2019/ N-C110201411066/CHH, dated the 21" February, 2019 inviting objection or suggestions from all persons likely to be affected thereby within a period of thirty days from the date of publication of the said notification in the fficial Gazette;
AND WHEREAS objection received in respect of the said draft notification has been considered by the Govemment;
NOW, THEREFORE, in exercise of the powers conferred by subsection (2) ofsection 53 read with sub-section (4) and (5) of section 29 of the Gujarat Agricultural Lands Ceiling Act, 1960 (Bom. XXVII of 1961), the Govemment of Gujarat hereby makes the following rules further to amend the Gujarat Agricultural Lands Ceiling Rules, 1961, namely:-
1. ( 1) These rules may be called the Gujarat Agricultural Lands Ceiling (Amendment) Rules, 2019.
(2) They shall come into force on the date oftheir publication in the fficial Gazate.
2. tn the Gujarat Agricultural Lands Ceiling Rules, 1961, in rule 14, after sub-rule (7), the following sub-rule shall be added, namely:- "(8) Land may be allotted-
(a) to any urban local body, for public purpose, when the land is situated within the areas of such local body, and such urban local body shall further allot such land for any public purpose.
(b) to any person, for industrial purpose or for the purpose of development thereot subject to the following conditions, namely:-
(i) The land shall be situated outside the areas of the urban local body.
(ii) The person or the Institution shall make an application to the concerned Collector for allotment ofthe land for industrial purpose or for the purpose of development thereof, along with details of the equivalent quantum of agricultural land of same class in the nearby vicinity, which the person proposed to make available to the State Government.
(iii) Such person or institution shall have acknowledgment of Udyog Aadhaar Memorandum (UAM) obtained from the Ministry of Micro, Small
(iv) and Medium Enterprise Development and Industrial Entrepreneur Memorandum (IEM) obtained from the Ministry of Commerce and Industry or obtained sanction for or received a Letter of Intent/ industrial license or received sanction for the same liom the Industries Commissioner, Gujarat State.
If the land proposed to be allotted to a person or institution has already been allotted to the cooperative farming society, agricultural laborers, landless persons and small holders under the Act, the applicant shall enclose the consent letter of the holders of such land along with the application.
The Collector, after scrutiny of the application under clause (iv) above, shall forward the same with his opinion to the Slate Govemment for the decision.
The State Govemment shall consider the application and opinion of the Collector and take decision in respect of allotment of the land.
If the application of the person or the institution is granted by the State Government, the proposed land for which consent letter of the holders are received, shall after due procedure vest in the State Government under section 21 or 26 of the Act; and such vested land may be allotted to the person or the institution.
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(vii)
(ui) e
(viii) The land which is already vested in the State Govemment under section 21 or section 26 of the Act, such vested tand may be allotted to person, or the institutions by the State Government.
(ix) If the application of the person or institution is granted by the State Government, the land, so made available equivalent quantum of agricultural land of the same class in nearby vicinity by the person to the State Government, shall vest in the State Government free from all encumbrances as provided in sub-section
(5) of section 29 of the Act.
(x) The State Govemment shall allot the land to them who have made available equivalent quantum of same class of agricultural land in nearby vicinity to the State Govemment. The provisions of the said Act as well as terms and conditions which have already been carried by original land holder which were earlier allotted to the beneficiaries shall apply to the land which is allotted to them.
(xi) The person or the institution shall commence development or industrial activity, as the case may be, on such land within three years from the date of such transfer and commence production of goods or provide services within three years from such date:
Provided that upon receiving an application for extension of time limit from such person or institution, the Collector may for the reasons to be recorded in writing extend such time limit not exceeding two years.
(xii) In case of failing to commence development or industrial activity within the aforesaid time limit, the State Govemment may grant permission to use the Iand for developmenl or industrial purpose on the condition that the person or institution shall make payment at the rate of lUYo (Ten per cent.) of the prevailing rate of Jantri for industrial purpose.
(xiii) The area ofland proposed to be transferred shalt not exceed beyond the ceiling limit as under the Gujarat Agricultural Lands Ceiling Acl, 1960.
(xiv) No sale, gift, exchange, lease or mortgage or interest in the land shall be transferred without the previous sanction of the Collector. If such land is transferred without prior permission of the Collector, the land shall vest in the State Govemment liee from all encumbrances on payment to the person or Institution of such compensation as the State Govemment may determine and such land shall be disposed by the State Govemment in the manner as may be determined by the State Govemment.
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(xv) Where the land proposed to be allotted is owned by a person belonging to the Scheduled Tribe, the allotment shall be subject to the provisions ofsection 73AA ofthe Bombay Land Revenue Code, 1879.
(xvi) The person or the institution shall comply with the provisions of any law for the time being in force or any order or direction of the Central Government or the State Govemment or any Corporation owned or controlled by such Govemment, Govemment Company, local authority or statutory authority in relation to use of land for development or industrial purpose, as the case may be, before the land is put to use for such purpose.".
By order and in the name of the Governor of Gujarat.
\_..._ --.-( P. N. MAKWANA) Deputy Secretary to Govemment.