G ujarar Proh ibition o;
Transfer of lrn mova bie Property and Provision for Protection of Tenants from Eviction from Premises in Distu rbed Areas Act, 1991.
NOTIFICATION Revenue Department Sachivaiaya, Candhi nagar.
Dared the 24'." l'lor en:bcr, 2020,2 / NO.GHM-2020-124-M-ASN-112020-1316-H.1:- ln exercise of the powers conferred by Section 12 of the Gujarat Prohjbition of Transfer of lmmovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991 and in supersession of all the rules made in this behalf, except as respects things done or omitted to be done before such supersession, the Government of Gujarat hereby maxes the following ru les, namely;
1. short title and commencement-
(1) These rules may be called the Gujarat Prohibition of Transfer of lmmovable Property and Provision for Protection of Tenants from Evictlon from Premises in Disturbed Areas Rules, 2020.
(2) They shall come into force on the date of their publicatior:
in tlte Off iciol Gazette .
2. Definitions- (1-) ln these rules, unless the context otherwise requires,-
(a) "the Act" means the Gujarat Prohibition of Transfer oi lmmovable Property and Provision for Protection of Tenants from Eviction from Premises in Disrurbed Areas Act, 1991;
(b)"Form" means a form appended to these rules;
(c) "Section" means a section of the Act.
(2) Words and expressions used but not defined in ihese rules an:
defined in the Act shall have the meanings respectively assrgnecl to them in the Act.
3. Declaration of Disturbed Area- For the purpose of declaring disturbed area, the concerned Commissioner of Police or District Magistrate, as the case may be shall make proposalto the Stare Government,
4. Application under section S(3) (a)-
(1) Any person may make an applicat on under clause (a) of sub-section (3) of section 5 to the Collector, for obl.aining previous sanction, within a period of Sixty days bt:fore the date of the intended transfer of immovable properly situated in a disturbed areas.
(2) EverY application shall be made in F:rm - | and shall be duly signed and verified by the applicant.
(3)The receipt of the application refe'rred to in sub.rule (1) shall be acknowledged by the Collector or such Revenue Officer as may be authorised by him in this behalf .
(4) The Collector shall keep and maintain for each disturbed area a separate register in Form - ll wherein application received bt7 him under sub-rule (1) shall be entered.
5, Return of Consideration and Possession o f immovable property-
(1) Where a transfer of immovable plopertY is null and void under section 4, the Collector shall make an order,- l. to the transferor, who has received any consideration for such transfer, to return the consideration to the l.ransferee within a period of six months;
ll.to the transferee or his agent, w'ho has possession of such immovable property, to restore the possession to the transferor within a period of six months;
lll. to restrain the transferee or his agent to make any improvement in the property.
'2) Where a transferor fails to return :he consideration to the transferee within the period of six months, the tran;feree may make an application, to the Collectoi in Form - 1ll within a period of 30 days, for making an order directing the transferor to return the consideration.
(3) Where a transferee or his agent fails to restore possession of the immovable property to the transferor with in i.he said period of six months, the transferor may make an application, to the Collector in Form - lV within a period of 30 days, for making an order directing the transferee to restore possession of the immovable property,
(4) On receipt of the application referred to in sub-rules (2) and
(3), the Collector after making a formal inquiry in the manner prescribed by the Gujarat Land Revenue Code, j.879 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 return such consideration to the transferee within 30 days 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 30 days.
5. Appeal under section G-
(1) Any person aggrieved by the decision of the Collector rejecting an application under sub-clause (v)(a) of clause (b) of sub_ section (3) of section 5 may file an appeal before the State Government within a period of 30 days from the date of receipt of an order rejecting an application:
Provided that where the Appellate Officer is satisfied that such person was prevented from preferring an appeal within a period of 30 days for sufficient cause, he may, for reasons to be recorded in writing, entertain the appeal even after 30 days up to 90 days.
(2) An appeal referred to in sub-rule (1) shall be in duplicate and in the form of a memorandum signed and verified by the appellant.
It shall setforth the name and address ofthe appellant, the grounds of appeal and the certified copies of all documentary evidence including a certified copy of the order appealed against.
(3) Every appeal referred to in sub-rule (1) shall be accompanied by a fee of Rs. 100/- (hundred rupees) in the form of Court fee stamps.
(4)The State Government after receiving the appeal application, shall register it and after affording an opportunity of being heard to such person, may confirm, revise or dismiss the order against which appeal is preferred.
tq)
7. Constitution of Monitory and Advisory Committee-
(1) The State Government may, const tute a (ommittee called the Monitoring and Advisory Committee under sub-section (1) of section 16A by a notification in the Officiol G'tzette '
(2) The Monitoring and Advisory Con mittee shall consist of a Chairperson and three or more official members according to requirement, appointed bY the State Government'
(3) The Monitoring and Advisory Conrmrttee shall conduct or cause to be conducted studies in thg di5llrrbed areas to ascertain from time to time whether the proper clu;tering of people of the communitY is maintained or not.
8. Disposal of cases under Gujarat 3O ol 1986- All the pending cases related to th: Gujarat Prohibition of Transfer of lmmovable Property and Prorision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act' L986 (Guj, 30 of 1985) shall be disposed of acco'ding to section 7 of the Gujarat GeneralClauses Act, 1904 (Bom l of 1'904)' Form-l [See rule-4(2)] Application for previous sanction for transfer of immovable propert) under clause (a) of sub-section (3) of section 5.
To, The Collector of District of That I am the owner of the immovable property described hereunder and situated in......................,. area which is declared as disturbed area.
That I intend to transfer the said immovable property tc ..(hereinafter referred to as the ,,person intending to be transferee") for a consideration of ..............,.................rupees.
That the aforesaid transfer is made by the free consent of myself and the person intending to be transferee and for a fair value of the said immovable property proposed to be transferred.
I hereby apply for prevaous sanction of the Collector tor the proposed transfer of the said immovable property by me to the person intending to be tra nsfe ree.
of lmmovable D istrict sub-District Name of town city And locality survey Where it is N umber Situate Ward No, 3 Municipal Bu ilt-up area/ Census Area of land Number 4 Dated: Yours fa ithfu lly, (Signature of Applica nt) Form-ll [See rule-4(4)] Register Sr. No. Date of ReceiPt Applicant's name with full add ress Name of Name of Nature of transferor transferee transactions With full with full of and consid- Address address eration District sub Town/ CitY Distt. LocalitY SurveY ward no.
No.
1 Area Details of Remarks Square Orde!' made if anY Metr? bY Collector 8 Municipal Census No.
Form-lV [See rule-5(3)] Application for order to restore possession of immovable property.
To, The Collector, ........._...................District.
Sub: Application for return of possession.
Ref: Your order No...............dated..............
Sir, 1,........................... so n/d aughter/wife of residing at ......,................hereby states as under:
With reference to the sub,ect mentioned above, I have transferred my immovable property as mentioned here in below table, to transferee named.................
That the aforesaid transfer was made by the free consent of myself and the transferee.
The transaction of transfer of immovable property is null & void under section- of the Disturbed Area Act, 1991 by your order no..............
dated.........
I hereby apply to restore my possession which was handed over to transferee. He has not given the possession of the said property to me till date, So, I request you to do needful in this regards.
of lmmovable D:strict sub-District Name of town city And locality survey .
Where it is Number Situate Ward No.
3 Municipal Built-uparea/ Census Area of land Number 4 Dated: Yours faithfu lly, (Signature of Applicant) By order and in the name of the Governor of Gujarat, Deputy Secretary to GovernmenL Form-lll [See rule-5(2)] Application for order to return the consideration' To, The Collector, .............................0istrici.
Sub: Application for return of consideration' Ref: Your order No... .......""""'datec "" " "" 5ir, residing at ..................--...hereby states as under:
-wiah ,"f"r"n." to the sub,iect mentioned above' lhad immovable propertY as mentioned here in below table' from name0................. l had pai'J consideration Rs.......................... in figures......" ' vide cheque No...... ........ ................. of Bank "'- " ' ' which was credited to account of transferor' Thattheaforesaidtransferwasmadebytl"efreeconsentofmyselfand the transferor.
The transaction of transfer of immovable l)roperty is null & void under secticn'4 of the Disturbed Area Act, 1991 by your order n':" " " ' dated.............-.....
I hereby apply for refund of consideraticn which was paid by me to transferor and said amount of consideration is not returned to me till date' 50' l request you to do needful in this regards Descrlption of hmovable property - District sub-District t't.r" Municip ll Built-up area/ And localitY survey Census Area of land Where it is Number Number purchased transferor amount of Situ ate Ward No.
3 Dated:
Yours faithfullv.
(signature of APPlica nt) To,
1. The Manager, Government Central Press'sector'3 0' Gandhinagar with ,.qu.r, ,o pu-blirt ,h" order in part -lV- B of Gujarat Government Extra Ordirury Gazette and send 50 copies of the same to Revenue Department / H-1 Branch, and 50 copies to the Superintendent of Stamps and Inspector General of Registration Sector-14, Guiarat State' Gandhinagar'
2.TheAssistantDraftsmanLegi.&ParliamentaryDepartment-Witha aaqr.r,,o translate the Notification in Gujarati and to instruct the Manager' Gow. Press Gandhinagar to publish the same in part lX of Gujarat Govt' Gazatte and send 50 copies ofthe same to Revenue Department' H'1 Branch and 50 copies to the Superintendent of Stamps and lnspector Generai of Registration, Guiarat State, Candinagar' Copy Forwarded with compliments for informalion to:
i -il," PS to Hon. Chiof Minister' Swarnim Sankul'1' Sachivalay'
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o Candhinagar.
'Ihe PS to Hon. Minister (Revenue)' Swarnim Sankul-1' Sachivalay' Gandhinagar.
The PS to Hon' State Minister (HomeJ' Swarnim Sanku}-2' Sachrvalay' Gandhinagar.
The Addl. Chief Minister Secretary, Home Department' Sachivala\" Gandhinagar.
The Secretary to Hon'ble Governor, Ra1 Bhavan' Gandninagar' (Bv Letter) The PS to all Minister, Swarnim Sankul-1' Sachivalay' Gandhlnagar' All Collectors & District Magistrates' AII Commissioners of Police.
The Settlement Commrssioner aud Director of Land Records' (iujarat State, KH-5 Circle, Gandhinagar.
10. Superintendent of stamp and lnspector General State, KH-5 Circle, Gandhinagar'
11. The Director of Information, Sachivalay, Gandhinagar'
12. All Joint Secretaries/Deputy Secretary, Revenue Department' Sachivalay' Gandhinagar.
13. Select File/ dYso select file of registration, Gularat o