Keyword(s):
Land, Revenue, Panchayat, Education Cess, Mamlatdar
Acts of the Gmjaret h@atme aud Ordimlaem prama~edamd
Regalations made by tbt Gorwnor.
The following Act of the Gujarat Legislature having been assented to by the
Governor on the 6th December, 1972 is hereby published for general infomation.
S. S. SHAH,
Secretary to the Government of Gujarat.
Legal Department.
GUJART ACT NO. 25 OF 1972.
(First published after having- received the assent of the Governor ia the
“Gujarat Government Gazetie” on the 18th December 1972).
An Act futher to amend the Bombay Land Revenue Me, 1879, the Gujarat
Panchayats Act, 1961 and the Gujarat Education Cess Act, 1962.
It is hereby enactsd in the Twenty-third Year of the Republic of India aa
follows :-
ad 4
aommenw
manta
- (I) This Act mybe called tht Bombay Land Revenue and tbt GujaratghorLgua
Panchayats and Education Gss (Amendment) Act, 1972.
(2) It shall hdeemed to have come into force on the 1st August. 1972.
139
hm. 2. In the Bombay Land Revenue Code, 1879. section 45 shall kn~mbetedadmant
of &ion
46 of Boa.
Vof 1879.
, as sub-section (I) of that section, and140 GUJ. QOVT. GAL., EX., DECEMBER 18, 1972/AGRAHAYANA 27, 1894 [PARTIV
(I) in sub-section {I) as so numbered, at the end of the ktparagraph,
he following proviso shall be inserted, namely :-
“Provided that a small holder shall not be liable to pay land revenue
in respect of the land held by him for the time being for the purpose of
agricuIture.”:
(2) after sub-section (I) as so numbered, the following sub-sections and
Explanation shall be inserted, namely :-
“(2) As soon as may be after the caning into fonx of the Bombay
Land Revenue and the Gujarat Panchayats and Eduation Cess (Amend-Ua).1
of
ment) Act, 1972, every Mamlatdar shall, in respect of–eachof the villages Isrs.
in his taluka, prepare and thereafter keep and maintain, in the prescribed
marlner and form, an uptdate corrected list of small holders not Iiable to
pay land revenue under this section and for that purpose shall, from time
to time, amend, delete or add any entry in that list. In order to enable
the Mamlatdar to so prepare, keep and maintain such Iist, every person
who is or becomes a small holder shall, of his own accord or on being
required by the Mamiatdar to do so by a general or special notice to lx
issued in the prescribed manner, furnish to the Mamlatdar within whose
jurisdiction the land held by him is situate, within the prescribed perid.
such particulars as may be prescribd and thereafter inform the Mamlatdar
about any changes that may take place in such particulars from time to
- time. The Mamlatdar shall, after receiving such particulars and after
making such inquiry as he thinks fit, make, or. as the case may k,amend.
delete or add, any entries in the list :
Provided that the absence or the incIusion of the name of any person
from or in sud~Iist shall not by itself be canclusive evidence as to the
liability or non-liability of any such person as regards the payment of land
revenue.
(3) The list referred to in sub-swtion (2) shall be open to inspection in
the office of the Mamlatdar during office hours and shall be published by
the Mamlatdar in the prescribed manner and at prescribed intervals.
Explanation.-In this section, “small-holder” means a holder in actual
possession of land who cultivates less than one-sixteenth of the ceiling area G,j,
as dehed in the Gujarat Agricultural Lands Ceiling Act. 1960 as in fomyv
on the 1st August. 1972, and who earns his tiveIihd principally by agri-1~1.
culture or by agricnltural labour”.
3, In the Gujarat Panchayats Act. 1961–
(I) in section 169. in sub-section (I),–
(17 in clause (a),the word “and” mrring at the end shall be deleted:
Amendment
of ledom
169 and 181
of ~nj,VI
of 1882.PARTIV1 GUJ. GOVT.GU.,EX.,DECEMBER 18, 1018]ACIRAHAIANA ti’, 1#*4 141
(ifi after clause (a), the following clause shrU be inserted, namely :-
“(aa) every sum which would have been payable as land revenue by
a small holder as deiiued in the Explanation to section 45 d the Bom-
bay Land Revenue Code. 1879, in respect of the land held by him for
the the being for the purpose of agriculture, had land rcvenue been
payable in respect of such land under the aaid aoctim by such mall
bolder:
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