The Gujarat Validation of Occupancy and Allotment of Certain Lands of Excess Vacant Land vested in the State Government (under the Urban Land (ceiling and Regulation) Act, 1976) ) Act,2017

Extra No. 7 © tltbe d9ujarat @obernment ~a?ttte EXTRAORDINARY PUBLISHED BY AUTHORITY Vol. LVTII) WEDNESDAY, MARCH 15, 2017f1'RAJ.,GUNA 24, 1938 Separate paging is given to this Part in order that it may be filed'" a Separnte Compiht!ion. PART IV Acts of Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor. The following Act of the Gujarat Legislature, having been assented to by the Governor on the J4 '0 ·March, 2017 is hereby published for general information. KM.LALA, Secretary to the Govenunent of Gujarat, Legislative and Parliamentary Affairs J)epartmcnt. GUJARAT ACT NO. 7 OF 2017. (First published, after having received the assent ofihe Governor. in the "Gujarat Govemmeni Gazelle", on the J 51 b March, 201 7). AN ACT to provide for validation of occupancy and allotment of certain lands of excess vacant land vested in the State Government under sub section (3) of section JO of the Urban Land (Ceiling and Regulation) Act, 1976 and whose possession had been taken over by the State 10 Government prior to the 30 March, 1999 and for the matters connected therewith or incidental thereto. EX. IV-7 7-t 7-2 GUJARAT GOVERNMENT GAZETTE, EX. 15-03-2017 [PART IV WHEREAS lhe Government of India had enacted the Urban Land (Ceiling and Regulation) Act, 1976 to provide for the imposition 33 of1976. of a ceiling on vacant land in urban agglomerations and for the acquisition of such land in excess of the ceiling limit; AN fl \VII FRF i\S in view (\f suh-sccti()n (::') of section I ul' the Urban Land (Ceiling and Regulation) Repeal Act, 1999, the said 1s of t99?. Repealing Act shal1. apply to any other State from the date on which the Legislature of the State adopts the Act by passing a resolution in that behalf under clause (2) of anicle 252 of the Constitution of India; AND \VJ IEREAS the Gujarat State Legislature had adopted the said Repealing Act, I9 99 by resolution on the 30111 March, 1999 and thus it has come into force in the State of Gujarat with effect from the 30'h March, 1999; AND WHEREAS the Urban Land (Ceiling and Regulation) Act, 33 of J9?6. 1976 Act has thus been rerealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999 with effect from the 30' 11 March, 1999; J5 of 1999. AND WHEREAS before the repeal of the said Act of 1976, certain excess vacani lands have been vested in ihe State Government under the provisions of the said repealed Act ; AND WHEREAS the State Government is required to allot such surplus exce-ss land vested in it in the manner as provided in the said repealed Act; AND WI IEREAS the residential structures had already come up on such excess vacant land the possession of which had been taken over by the State Government prior to the 30'" March, 1999: AND WHEREAS the persons belonging to the lower economic strata of the society in the urban agglomerations have been in occupancy of the residential structures and as such are in the occupation of such excess vacant lands; AND WHEREAS the State Government is of the view that it will cause great hardship to such occupams if steps arc taken to remove them from such occupancy; PART JV] GUJARAT GOVERNMENT GAZETTE, EX. 15-03-2017 7.3 AND WHEREAS the State Government is committed to forthering equitable distribution of land in the tirban agglomerations for the benefit of the economically weaker sections of the society; It is hereby enacted in the Sixty-eighth Year of the Republic of India as follows:- 1. (I) This Act may be called the Gujarat Validation of Occupancy and Sborttitleaud Allotment of Certain Lands of Excess Vacant Land Vested in the State commencement. Government (under the Urban Land (Ceiling and Regulation) Act, 1976) Act, 2017. (2) It shall be deemed to have come into force on the 15°' December, 2016. 2. ln this Act, unless the context otherwise requires,· (a)"Corporation" means the Municipal Corporation as defined by clause Definitions. Born. J.JX or 1949. (10) of section 2 of the Gujarat Provincial Municipal Corporations Act, 1949; (b) "excess vacant land·' means the land vested in the State Government the possession of which has been taken over by the State Government under the repealed Act before the 301 h March, 1999; (c)'·occupant" means the person who is in occupation of the residential structure constructed on the excess vacant land from or prior to 1" January, 2011 till the date of coming into force of this Act and includes such person who as a result of a transaction or transactions during the period commencing from I" January, 201I and ending on 31" May, 2016 is in occupation of such structure on the date of coming into force of this Act; (d)"occupancy price" means such sum of money as notilied by the State Government which the occupant is obliged to pay for validating the occupancy; (e)"prcscribcd" means prescribed by rules made under section 15; (!)''repealed Act" means the Urban Land (Ceiling and Regulation) Act 1976; 33 or 1976. (g)"residential structure" means an abode of any type on the excess vacam land used by the occupant for the purpose of personal 7-4 GUJARAT GOVERNMENT GAZETTC, EX. 15-03-2017 (PART IV habitation and includes any appurtenant livelihood activities within the said structure; (h) "State Government" means the Government ofG ujarat. \'alidation of 3. Not\vithstandjng anything contained in (tny other la\Y 01 in any Occu1>ancy judgment, decree or order of any competent Court, the State and Allottnent of Governmell! may validate the occupancy and allot certain lands of the Exct.ss \1::ic:~nt excess vacant land vested in it, whose possession was taken over under L'rnd. the repealed Act in the manner as provided hereinafter. Application 4. The occupant of the residential structure shall, for the purpose of for validation of his occupancy of land and allotment thereof, make an \'alidation of Oocupancy application, in the prescribed form along with such fee as may be of Land and Allotment prescribed towards che occupancy price as may be dctcnnincd by the thereof. State Government in this behalf; to the Mamlatdar within a period of three months from the date of coming into force of this Act or within such time as may be extended by the St<ite Government by an order, from time to time. Doc:.un1enrs S. (I) The occupant shall, alongwith his application shall submit a copy IQ be of nocice given to him under sections 61 and 202 of the Gujarat Land sub111itted with Revenue Code, 1879 and the orders thereunder, if any. B-0m. ,\µplication. vor 187?. (2) The occupant shall. in order to claim the occupancy, submit alongwith his application of the oldest possible origin, any one or more oft he following documents. namely:- (i) Ration Card; (ii) ;\adhaar Card; (iii) Passport; (iv) Driving Licence; (v) Voter ID card; (vi) Electricity bill; (vii) Property tax bill: (viii) Water Charges bill: PART IV] GUJARAT GOVERNMENT GAZETIE, EX. 15-03-2017 7-5 Provided that the occupant, may in support of his claim of his occupancy, also submit the copy of the sale deed or agreement for sale or an instrument for possession, if any. (3) The occupant shall. for the purpose of his identity, submit alongwith his application any one or more of the following documents, namely:- (i) PAN card; (ii) Aadhaar card; (iii) Passport; (iv) Driving License; (v) Voter ID card. 6.The Ma1nalatdar shall, after receiving the application under section 4, Notie;e for ln,cHing issue a notice in such fonn as may be prescribed inviting thereby the ObjcctiOD.\i by objections from any person within a period of one month from the dare Marna1atdar. of such notice with regard to the claim of occupancy made by the occupant. 7. (I) In case where the ot<jections have been received pursuant to the Decision of notice under section 6, the Mamalatdar shall consider the same and after Mamalaldar. giving an opportunity of being heard to all concerned and considering the claims made by them, may either grant the application of the occupant or reject the same. (2) In case where the occupant's application is not rejected under sub section ( l) and the Mamalaidar is satisfied about the genuineness of the claim of 1he occupant in respect of the residential structure laking into consideration the relevant documents, he shall issue a notice to the occupant directing thereby him to make the remaining payment towards lhe occupancy price for the purpose of validation of occupancy and allotment of the excess vacant land: Provided that for arriving at such satisfaction as referred to above. the Mamalatdar may also take into consideration any data of house to house survey carried out by either the Central Government or the State Government, as the case may be, old records of Ration card 7-6 GUJARAT GOVERNMENT GAZETTE, EX. 15-03-:lO 17 [ l'/\l{T IV and Electoral roll or any other document or documents, as he deems fit, whicn may be available in his office or in any other public office. (3) The occupanl shall, within a period of one month or the receipt of the notice under sub-section (2), make the necessary paymenl as envisaged in the notice, failing which his application shall be deemed to have been rejected. (4) After the necessary payment as provided under sub-section (3) is made, the Mamalatdar shall pass an order, in such form as may be prescribed, or va)ida1ion of occupancy and allotmcnl of !he excess vacant land in the manner and subject to such conditions as the State Govenui1en1 may prescribe. 8. No occupant in whose favour an order is made under sub-section 8;1r of or lrausfer ( 4) of section 7 for allolment of land or his heirs shall transfer such land auoued land. before the expiry of fifteen years from the date of such order. Conscqueo«s 9.Jn case where the occupant of any residential structure fails to make an in the event of application as provided under section 4 within the prescribed time limit, failing to n1ake au appti<atiou. the occupant shall be removed from such residential structure and the Mamalatdar shall take the possession of the same treating the residential structure as the encroachment on the excess vacant land in Bo1n. '' the manner as laid down under the provisions of the Gujarat Land of 1879. Revenue Code, 1879. Appeal. 10.(l) Any person making a claim including the occupant, being aggrieved by any order of the tvlamalatdar passed under sub-section (4) of section 7, may prefer an appeal before the Appellate Officer within a period of sixty days from the receipt of such order: Provided that if the Appellate Officer is satisfied that such person was prevented from preferring an appeal within the prescribed time limit for sufficient cause, he may entertain the appeal even after such prescribed time limit but not exceeding six months: Provided further that in case where appeal is preferred by any person or the occupant, the same shall no! !)e entertained unless the PART JV] GUJARAT GOVERNMENT GAZETIE, EX. 15-03-2017 7-7 payment is made as is determined by the State Government under section 4 while making an application by the occupant. (2) The State Government may appoint, by notification in the Official Gazeue, as many Deputy Collectors as the Appellate Officers for different areas or for part of any area as it may deem necessary. (3) The Appellate Officer shall, ancr affording an opporrunity of being heard to such person, may confirm, revise or dismiss the order against which the appeal is preferred. 11.( I) Any person, including the occupant, being aggrieved by any order Rcvishrn. of the Appellate Officer made under sub-section (3) of section 10, may prefer revision application before the Special Secretary, Revenue OcpaJ1ment (Appeal) within a period ofs ixty days of such order and his decision shall be final: Provided that in case where the revision application is preferred by any person or the occupant, the same shall not be entertained unless the payment is made as is determined by the State Government under section 4 while making an application by the occupant. (2) The Special Secretary, Revenue Oepmtment (Appeal) may constitute the special benches at Surat, Yadodara and Rajkot for entertaining the applications made under sub-section (!). 12.No Civil Court shall have any jurisdiction to deal with or decide any Bar of Jurisdiction question which the Mamalatdar, the Appellate Officer or the Revision of Ch1il Authority is empowered to deal with or decide by or under this Act and Coul't. no injunction shall be granted by any Civil Court in respect of any action taken or to be taken in pursuance of any power by 01· under this Act. 13.Any payment made as provided under section 4 by the occupant Paynlcnt under along with the application or any payment made under section I 0 for Stt~tiOl'JS 4, 10 preferring an appeal or for preferring revision application under section and 11 to be refundable. 11 shall be refundable in case where the application, or the appeal or the revision application is rejected or dismissed, as the case may be. Indemnity. 14. No suit or other legal proceedings shall lie against the State 7-8 GUJARAT GOVERNMENT GAZETIE, EX. I 5-03-2017 [PART IV Government or any officer of the State Government in respect of an)·1hing which is in good faith done or intended to be done by or under this Act. Pon·er to IS. (J) The State Government may, by notilication in the Official make Gazelle, make rules for carrying out <lll or any of the purposes of this rulc-o;. Act. (2) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be they are made and shall be subject to the recession by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following. (3) Any recession or modification so made by the State Legislature shall be published in the Official Ga:zelle, and shall thereupon take effect. 16. Jfany difficulty arises in giving effect to the provisions of this Act, ro,ver to the State Government. ma)', by an order published in the 01fjicial ren1ovt '1.1 dlfficultie<. Gazelle, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficu]ly: Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act. Hcpcal and 17.(1) The Gujarat Validation of Occupancy and Allotment of Certain Cuj. '"";ngs. Lands of Excess Vacant Land Vested in ihe State Government (under Ord. 6 of 2016. the Urban Land (Ceiling and Regulation) Act, 1976) Ordinance. 2016 is hereby repealed. (2)Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act. Extra No.31 qf{s etcl%q'il ee 1t. €qoo/- Gufirff @be Gobernmtnt Gurette EXTRAORDINARY PUBLISHED BY AUTHORITY Vol. LVIII THURSDAY, AUGUST 20LT{BHADRA 2, 1939 Separate paging is given to this Part in order that it may be filed as a Separate Compilation. ART IV Acts of Gujarat Legislature and Ordinances,promulgated and Regulations made by the Governor. The following Act of the Gujarat Legislature, having been assented to by the Govemor on the 23dAugust, 2017 is hereby pubrished for geieral information. K. M. LALA, Secretary to the Govemment of Gujarat, Legislative and Parliamentary Affairs Department. GUJARATACT NO.30 OF 2017. (First published, after having received the assent of the Govemor. in the "Gujarat Government Gazette", on the 24tr Augus! 2017). AII ACT further to amend the Gujarat validation of occupancy and Allotment of certain Lands of Excess vacant Land vested in the State Government (under the Urban Land (Ceiling and Regulation ) Act, 1976) Act,2017. It is hereby enacted in the Sixty-eighth year of the Republic of India as follows:- 1. This Act may be called the Gujarat validation of occupancy and Short tifle. Allotment of Certain Lands of Excess Vacant Land vested in the State Government (under the Urban Land (ceiling and Regulation) Act, 1976) (Amendment) Act,2017. IV-Ex-31 l-l 3 31-2 24-08-2017 GUJARAT GOVERNMENT GAZETTE, EX. PART IV [ Amendment 2. In the Gujarat Validation of Occupancy and Allotment of Certain ofsection 7 of of Lands of Excess Vacant Land Vested in the State Govemment (under the Guj. 7 'ott' Urbun Land (Ceiling and Regulation) Act, 1976) Act, 2017 (hereinafter Guj. 7 or 2ol7' refened to as "the principal Act"), in section 7, in sub-section (3), for the .F words, brackets and figure "within a period of one month of the receipt of the notice irnder sub-section (2)",the words "ivithin period as may be prescribed" shall be substituted. 3. Amendment In the principal Act, to section 8, the following proviso shall be added, of section 8 of Guj. 7 of namely:- 2017. "Provided that nothing in this section shall preclude a nationalized bank from recovering its legitimate dues under the relevant law from an occupant even before the expiry offifteen years.". Govemment Central Press, Gandhinagar