CONTENTS

1. Short title and Commencement

2. Amendment of Section 63-AA of Bom. LXVII of 1948

3. Amendment of Section 63-AC of Bom. LXVII of 1948

4. Amendment of Section 54-B of Sau. Ord. XLI of 1949

5. Amendment of Section 55 of Sau. Ord. XLI of 1949

6. Amendment of Section 89-A of Bom. XCIX of 1958

7. Amendment of Section 89-C of Bom. XCIX of 1958

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An Act further to amend the Gujarat Tenancy and Agricultural Lands Act, 1948, the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 and the Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958

It is hereby enacted in the Seventieth year of the Republic of India as follows—

## Section 1. Short title and Commencement.—(1) This Act may be called the Gujarat Tenancy and Agricultural Lands Laws (Amendment) Act, 2019.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

## Section 2. Amendment of Section 63-AA of Bom. LXVII of 1948.—In the Gujarat Tenancy and Agricultural Lands Act, 1948 (Bom LXVII of 1948) (hereinafter referred to as “the Gujarat Tenancy and Agricultural Land Act), in Section 63-AA,—

(1) in sub-section (3), in clause (b), for the words “such fine not exceeding two thousand rupees as the Collector may, subject to rules made under this Act, direct”, the words “after one month from the date of such purchase, such fine of one per cent of the prevailing jantri every month, as the Collector may, subject to rules made under this Act, direct” shall be substituted;

(2) in sub-section (4), in clause (b), for the existing third proviso, the following proviso shall be substituted, namely—

“Provided also that such aggregate period of seven years may, on an application made by the purchaser in that behalf and on payment of 20 per cent of the prevailing jantri value, be extended by another three years by the State Government and thereafter, be extended by the State Government from time to time for further periods on payment of 20 per cent of the prevailing jantri for every three years.”;

(3) in sub-section (4-B),—

(a) after clause (ii), the following clauses shall be inserted, namely—

“(ii-a) the purchaser shall commence production of goods or providing of services on the land purchased by him within such period with effect from the date of grant of issue of certificate by the Industries Commissioner, Gujarat State or the Collector, whichever is later, for establishing industrial park under the policy of the State Government for Industrial Parks as the State Government may, by notification in the Official Gazette, specify;

(ii-b) after successfully commissioning of production of goods or providing of services to the satisfaction of the Collector, for a period of three years from the date of approval for putting land to bonafide industrial use or establishing industrial park, the restrictions of this section shall not apply.”;

(b) for clause (vi), the following clause shall be substituted, namely—

“(vi) the purchaser shall not be entitled to sale or transfer the land for the first three years from the date of grant of approval for establishing industrial park and in case where the purchaser is of the view, after a period of three years from the date of purchase of such land, that it is not possible for him to fulfill the condition and obtain the certificate/certificates as referred to in this section, he may make an application to the Collector for grant of permission to sale or transfer of such land for other bonafide industrial purpose and the Collector shall there upon grant such permission to sale only upon payment of,—

(a) 100 per cent of the prevailing jantri value, if the application is made after a period of three years but before completion of a period of five years from the date of certificate as referred to in sub-clause (i) of clause (c) of sub-section (3) or, as the case may be, the certificate as referred to in clause (ii-a) of sub-section (4-B);

(b) 60 per cent of the prevailing jantri value, if the application is made after a period of five years but before completion of a period of seven years from the date of certificate as referred to in sub-clause (i) of clause (c) of sub-section (3) or, as the case may be, the certificate as referred to in clause (ii-a) of sub-section (4-B);

(c) 30 per cent of the prevailing jantri value, if the application is made after a period of seven years but before completion of a period of ten years from the date of certificate as referred to in sub-clause (i) of clause (c) of sub-section (3) or, as the case may be, the certificate as referred to in clause (ii-a) of sub-section (4-B);

(d) 25 per cent of the prevailing jantri value if the application is made beyond ten years:

Provided that such permission for sale of such land shall be granted only for the purpose of use of such land for the bonafide industrial purpose.”;

(4) the following Explanation shall be added at the end, namely—

“Explanation.—For the purposes of this section, the expression “bonafide industrial purpose” includes and shall always be deemed to have included the establishment of the industrial park.”.

## Section 3. Amendment of Section 63-AC of Bom. LXVII of 1948.—In the Gujarat Tenancy and Agricultural Lands Act, in Section 63-AC, in sub-section (1), for the portion beginning with the words “such institution shall be entitled to make an application” and ending with the words “to Collector for conversion of such land into non-agricultural purpose”, the following portion shall be substituted, namely—

“such institution working in the field of religious, health, education and social sector shall be entitled to make an application within one year from the commencement of the Gujarat Tenancy and Agricultural Lands Laws (Amendment) Act, 2019 (Guj 18 of 2019), to the Collector for conversion of such land into non-agricultural purpose.”.

## Section 4. Amendment of Section 54-B of Sau. Ord. XLI of 1949.—In the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 (Sun. Ord. XLI of 1949) (hereinafter referred to as “the Saurashtra Ordinance”), in Section 54-B, in sub-section (1), for the portion beginning with the words “such institution shall be entitled to make an application” and ending with the words “to the Collector for conversion of such land into non-agricultural purpose”, the following portion shall be substituted, namely—

“such institution working in the field of religious, health, education and social sector shall be entitled to make an application within one year from the commencement of the Gujarat Tenancy and Agricultural Lands Laws (Amendment) Act, 2019 (Guj 18 of 2019), to the Collector for conversion of such land into non-agricultural purpose.”.

## Section 5. Amendment of Section 55 of Sau. Ord. XLI of 1949.—In the Saurashtra Ordinance, in Section 55,—

(1) in sub-section (2),—

(a) after clause (a), the following clause shall be inserted, namely—

“(aa) Where the purchaser fails to send the notice and other particulars to the Collector under clause (a) within the period specified therein, he shall be liable to pay in addition to the non-agricultural assessment leviable under this Act, after one month from the date of such purchase, such fine of one per cent of the prevailing jantri every month, as the Collector may, subject to rules made under this Act, direct.”;

(b) in clause (b), for the existing third proviso, the following proviso shall be substituted, namely—

“Provided also that such aggregate period of seven years may, on application made by the purchaser in that behalf and on payment of 20 per cent of the prevailing jantri value, be extended by another three years by the State Government and thereafter, be extended by the State Government for time to time for further periods on payment of 20 per cent of the prevailing jantri for every three years.”;

(2) in sub-section (3-B),—

(a) after clause (ii), the following clauses shall be inserted, namely—

“(ii-a) the purchaser shall commence production of goods or providing of services on the land purchased by him within such period with effect from the date of grant of issue of certificate by the Industries Commissioner, Gujarat State or the Collector, whichever is later, for establishing industrial park under the policy of the State Government for Industrial Parks as the State Government may, by notification in the Official Gazette, specify;

(ii-b) after successfully commissioning of production of goods or providing of services to the satisfaction of the Collector, for a period of three years from the date of approval for putting land to bonafide industrial use or establishing industrial park, the restrictions of this section shall not apply.”;

(b) for clause (vi), by the following clause shall be substituted, namely—

“(vi) the purchaser shall not be entitled to sale or transfer the land for the first three years from the date of grant of approval for establishing industrial park and in case where the purchaser is of the view, after a period of three years from the date of purchase of such land, that it is not possible for him to fulfill the condition and obtain the certificate/certificates as referred to in this section, he may make an application to the Collector for grant of permission to sale or transfer of such land for other bonafide industrial purpose and the Collector shall there upon grant such permission to sale only upon payment of,—

(a) 100 per cent of the prevailing jantri value, if the application is made after a period of three years but before completion of a period of five years from the date of certificate as referred to in sub-clause (i) of clause (c) of sub-section (3) or, as the case may be, the certificate as referred to in clause (ii-a) of sub-section (3-B);

(b) 60 per cent of the prevailing jantri value, if the application is made after a period of five years but before completion of a period of seven years from the date of certificate as referred to in sub-clause (i) of clause (c) of sub-section (3) or, as the case may be, the certificate as referred to in clause (ii-a) of sub-section (3-B);

(c) 30 per cent of the prevailing jantri value, if the application is made after a period of seven years but before completion of a period of ten years from the date of certificate as referred to in sub-clause (i) of clause (c) of sub-section (3) or, as the case may be, the certificate as referred to in clause (ii-a) of sub-section (3-B);

(d) 25 per cent of the prevailing jantri value if the application is made beyond ten years:

Provided that such permission for sale of such land shall be granted only for the purpose of use of such land for the bonafide industrial purpose.

(3) the following Explanation shall be added at the end, namely—

“Explanation.—For the purposes of this section, the expression “bonafide industrial purpose” includes and shall always be deemed to have included the establishment of the industrial park.”.

## Section 6. Amendment of Section 89-A of Bom. XCIX of 1958.—In Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 (Bom XCIX of 1958) (hereinafter referred to as “the Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act”), in Section 89-A,—

(1) in sub-section (3), in clause (b), for the words “such fine not exceeding two thousand rupees as the Collector may, subject to rules made under this Act, direct”, the words “after one month from the date of such purchase, such fine of one per cent of the prevailing jantri every month, as the Collector may, subject to rules made under this Act, direct” shall be substituted;

(2) in sub-section (4), for the existing third proviso, the following proviso shall be substituted, namely—

“Provided also that such aggregate period of seven years may, on application made by the purchaser in that behalf and on payment of 20 per cent of the prevailing jantri value, be extended by another three years by the State Government and thereafter, be extended by the State Government for time to time for further periods on payment of 20 per cent of the prevailing jantri for every three years.”;

(3) in sub-section (4-B),—

(a) after clause (ii), the following clauses shall be inserted, namely—

“(ii-a) the purchaser shall commence production of goods or providing of services on the land purchased by him within such period with effect from the date of grant of issue of certificate by the Industries Commissioner, Gujarat State or the Collector, whichever is later, for establishing industrial park under the policy of the State Government for Industrial Parks as the State Government may, by notification in the Official Gazette, specify;

(ii-b) after successfully commissioning of production of goods or providing of services to the satisfaction of the Collector, for a period of three years from the date of approval for putting land to bonafide industrial use or establishing industrial park, the restrictions of this section shall not apply.”;

(b) for the existing clause (vi), the following clause shall be substituted, namely—

“(vi) the purchaser shall not be entitled to sale or transfer the land for the first three years from the date of grant of approval for establishing industrial park and in case where the purchaser is of the view, after a period of three years from the date of purchase of such land, that it is not possible for him to fulfill the condition and obtain the certificate/certificates as referred to in this section, he may make an application to the Collector for grant of permission to sale or transfer of such land for other bonafide industrial purpose and the Collector shall there upon grant such permission to sale only upon payment of,—

(a) 100 per cent of the prevailing jantri value, if the application is made after a period of three years but before completion of a period of five years from the date of certificate as referred to in sub-clause (i) of clause (c) of sub-section (3) or, as the case may be, the certificate as referred to in clause (ii-a) of sub-section (4-B);

(b) 60 per cent of the prevailing jantri value, if the application is made after a period of five years but before completion of a period of seven years from the date of certificate as referred to in sub-clause (i) of clause (c) of sub-section (3) or, as the case may be, the certificate as referred to in clause (ii-a) of sub-section (4-B);

(c) 30 per cent of the prevailing jantri value, if the application is made after a period of seven years but before completion of a period of ten years from the date of certificate as referred to in sub-clause (i) of clause (c) of sub-section (3) or, as the case may be, the certificate as referred to in clause (ii-a) of sub-section (4-B);

(d) 25 per cent of the prevailing jantri value if the application is made beyond ten years:

Provided that such permission for sale of such land shall be granted only for the purpose of use of such land for the bonafide industrial purpose.”;

(4) the following Explanation shall be added at the end, namely—

“Explanation.—For the purposes of this section, the expression “bonafide industrial purpose” includes and shall always be deemed to have included the establishment of the industrial park.”.

## Section 7. Amendment of Section 89-C of Bom. XCIX of 1958.—In the Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, in Section 89-C, in sub-section (1), for the portion beginning with the words “such institution shall be entitled to make an application” and ending with the words “to the Collector for conversion of such land into non-agricultural purpose”, the following portion shall be substituted, namely—

“such institution working in the field of religious, health, education and social sector shall be entitled to make an application within one year from the commencement of the Gujarat Tenancy and Agricultural Lands Laws (Amendment) Act, 2019 (Guj 8 of 2009), to the Collector for conversion of such land into non-agricultural purpose.”.

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