(i) Prohibition of lease; occupant to cultivate personally, 3 (ii) Lease in contravention of sub-section (1) void. 3
6. Penalty for contravention of sub-section (1) of section 5.
7. Exception.
8. Summary eviction.
9. Saving as to certain tenants.
CHAPTER-III Procedure and jurisdiction of revenue officers and the Tribunal.
10. Notice by Mamlatdar regarding contravention of the provisions of this Act.
11. Enquiry by Mamlatdar.
12. Appeal.
13. Revision.
14. Limitations.
15. Court fees.
16. Inquiries and proceedings to be judicial proceedings.
CHAPTER IV Miscellaneous.
17. Bar of jurisdiction.
18. Control.
19. Indemnity.
20. Act not to apply to certain lands and areas.
21. Rules.
THE SAURASHTRA PROHIBITION Of LEASES OF AGRICULTURAL LANDS ACT, 1953 3 of 7 ACT No. XXIII OF 1953.∗ [THE SAURASHTRA PROHIBITION OF LEASES OF AGRICULTURAL LANDS ACT, 1953. ] [First published in the Gazette on 19th October, 1953].
Amended by Saurashtra Act No. XXIX of 1954.
Amended by Saurashtra Act No. XXXVIII of 1955.
Amended by Bombay Act No. XV of 1958.
An Act to provide for the prohibition of leases of agricultural lands.
WHEREAS on the abolition of Girasdari and Barkhali systems in Saurashtra, the intermediate interests as between the States and the cultivators are disappearing and direct relationship is being established between the State and the cultivators; and WHEREAS the system of leasing agricultural Khalsa land and thereby creating a class of subordinate holders thereon has not yet come into existence to any appreciable extent; and WHEREAS it is expedient in the interest of the general public to ensure that no intermediate interests hereafter appear and direct relationship between the State and the cultivators is created and maintained and to provide for certain other matters incidental thereto:
It is hereby enacted as follows :-
CHAPTER-I Preliminary.
1. (1) This Act may be called the Saurashtra Prohibition of Leases of Agricultural Lands Act, 1953.
(2) It extends to the whole of the State of Saurashtra.
(3) This Act shall come into force at once.
2. In this Act, unless the context otherwise requires-
(1) "agricultural land" means any land which is used for the purpose of agriculture;
(2) "Code" means the Bombay Land Revenue Code, 1879, as adapted and applied to the State;
(3) "cultivate personally" or any cognate expression means to cultivate on one's own account:-
(a) by one's own labour,
(b) by the labour of any member of one's family, or
(c) by servants on wages payable in cash or in kind, but not in a share of the crops or by hired labour, under one's personal supervision or the personal supervision of any member of one's family.
Explanation-In the case of an undivided Hindu family, the land shall be deemed to have been cultivated personally if it is cultivated by any member of such family;
(4) "occupancy" means a parcel or parcels of agricultural land held by an occupant ;
Short title, extent and commencement.
Definitions.
THE SAURASHTRA PROHIBITION Of LEASES OF AGRICULTURAL LANDS ACT, 1953 4 of 7
(5) "occupant" means an occupant as defined in the Code and includes a mortgagee in possession of such occupancy ;
(6) "Tribunal" means the Saurashtra Revenue Tribunal;
(7) words and expressions used, but not defined in this Act, shall have the meanings assigned to them in the Code.
3. Save as otherwise expressly provided in this Act, the provisions of this Act, and of the rules and orders made there under shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any instrument having effect by virtue of any such law or any usage, agreements, settlement, grant, sanad, or any decree or order of any court or other authority.