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Section 6

The Saurashtra Prohibition of Leases of Agricultural Lands Act, 1953State Act of Gujarat · Act 23 of 1953

(1) Any occupant who contravenes the provisions of sub-section (1) of section 5, shall, on conviction, be punishable with fine which may extend to-

(i) in the case of contravention for the first time, an amount equal to six times the assessment ;

(ii) in the case of contravention for the second time, an amount equal to twelve times the assessment ;

(iii) in the case of contravention for more than two times, an amount equal to twenty times the assessment.

(2) 2[* * * * *]

Explanation-For the purposes of this section, "assessment" shall mean the assessment leviable at full, and not reduced, rate on the occupancy in respect of which the provisions of subsection (1) of section 5 are contravened.

7. Nothing contained in sub-section (2) of section 4 and sections 5 and 6 shall apply to an occupant who is a widow, a minor, subject to any physical or mental disability or a member of the armed forces.

8. Any person unauthorisedly occupying or being wrong fully in possession of any occupancy-

(a) the transfer of which either by the act of the parties or by the operation of Act to over ride other laws.

Registration of leases.

Prohibition of lease;

occupant to cultivate personally Lease in contravention of subsection (1) void.

Penalty for contravention of sub-section (1) of section 5.

Exception.

Summary eviction.

THE SAURASHTRA PROHIBITION Of LEASES OF AGRICULTURAL LANDS ACT, 1953 5 of 7 law, is invalid under the provisions of this Act; or

(b) to the use and occupation of which he is not entitled under the said provisions; may be summarily evicted 3[by the Collector or by any officer not below the rank of a Deputy Collector authorised by the Collector in this behalf].

9. Nothing contained in sub-section (2) of section 4 and sections 5 and 6 shall affect the operation of the provisions of Chapter III of the Saurashtra Land Reforms Act,

1951.

CHAPTER-III Procedure and jurisdiction of revenue officers and the Tribunal.

10. If, on a report received from a revenue officer, or on information received in any manner whatsoever, it appears to the Mamlatdar that any person has contravened 4[ * * * * * * ] the provisions of this Act, the Mamlatdar may cause a notice to be served on such person, in such manner as may be prescribed, to show cause why he should not be proceeded against as provided for in section 6.

11. If, after hearing the person on whom a notice is served under section 10 and after making such further inquiries as are considered necessary, the Mamlatdar is satisfied that the provisions of this Act are contravened in respect of any occupancy, he shall pass an order imposing such penalty as he considers necessary, under the provisions of section 6.

12. An appeal against any order passed by a Mamlatdar under section 11 shall lie to the Collector.

13. An application for revision against any order passed by a Collector under section 12 shall lie to the Tribunal.

14. Every appeal or application for revision shall be filed within a period of 60 days from the date of the order of the Mamlatdar or Collector, as the case may be. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply to the filing of such appeal or application for revision.

15. Every appeal or application for revision under this Act shall bear a court fee stamp of such value as may be prescribed.

16. All inquires and proceedings before the Mamlatdar, the Collector or the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860.

CHAPTER-IV Miscellaneous.

Where this provision sits

ActThe Saurashtra Prohibition of Leases of Agricultural Lands Act, 1953
Section6
JurisdictionState of Gujarat
StatusIn force as published by the source

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