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Only for official use

Government of Gujarat

Collector Manual

Revenue Department
Government of Gujarat.
 No.Rev./D.M./R&B/CP/WCW/ /07-08
Logo Minister, Revenue, Disaster Management,
Roads & Buildings, Capital Project, Women &
Child Welfare, Government of Gujarat,
1/6, Sardar Patel Bhavan, Gandhinagar-382010.
Ph. No.(079) 23243331/23238077

Anandiben Patel,

This is the 48th year to-day for the existence of Gujarat since its

inception on May 1, 1960 as a separate state of Free India. We are

implementing most of the laws including amendments regarding land of

the time of Bombay State.

Revenue Department is related with human beings from his birth

to death. Whether he is the owner of the land or not, each citizen has to

come into contact with the Revenue Offices for a minor or major work.

Thus, Revenue Department is the only Department, which has wide

contacts with the common mass at large.

There is an impression in the society that the procedure of

Revenue administration is very much complicated one. A need is felt

since last sometime that there is a necessity for review of efforts being

made to make the administrative procedure more easy and speedy. A

vast backlog of long pending voluminous cases of applicants since long

is nothing but deficiency of decision machinery. It creates a favourable

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impression about administrative mechanism by satisfying speedily small

and minor grievances of ration cards, certificates and evidences of the

common people. We have to set a goal of innovative and positive

situation. Our state is committed to a welfare policy. We have to play

our role as an humble servant rather than a task master. As a public

servant, we have to be a watchdog of state resources to preserve

financial resources of the state exchequer.

Under the E-Dhara Programme, land records have been

computerized. The collector is responsible to see whether our revenue

employees working in E-Dhara Centre are sincere and devited to their

duties and responsibilities, in the way the gardener is looking after the

garden and if we are deficient in performing our duties perfectly the

government lands, revenue records and rights of land holders would not

be protected.

After implementing any scheme, it is difficult to maintain and

preserve and maintain it in the systematic use of human resources to

develop skill and to solve public grievances with human face. To

manage this task, there is a huge mechanism under the control of the

collector. Necessary guidance is of utmost importance for power

enjoyed and proper discharge of functions assigned by this wide revenue

machinery.
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For this purpose, the Revenue Department has published the Prant

Manual and Mamlatdar Manual. The publication of the collector manual

has also been materialized to day. A sincere effort has been made to

provide detailed understanding of revenue Acts and rules, magisterial

acts in coordination with other departments of the government. I hope

this manual will be useful to the collectors in dealing the cases.

1st April, 2008 Anandiben Patel

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Government of Gujarat
Revenue Department
(State Emblem)
Vilasini Ramchandra, I.A.S.
Principal Secretary.

Perhaps a very few people understand that the land is a unique

gift of nature to man. It is useful for raw materials for vegetation, food

and industries. It also provides space for residence and livelihood and it

is impossible for human beings to live without land. To day as the land

has become a limited resource of wealth, it is important to preserve and

manage this invaluable gift of nature. Under the land revenue Acts, our

far sighted ancestors have provided us inheritance to maintain as per

specimen of Manual of Revenue Accounts, the accounts of

administration of land under land revenue laws.

In the present time of speedy urbanization and industrialization, it

is natural that the people in need of land may have many expectations

from the revenue Department. Along with meeting demands of

government land, it is imperative to plan future needs with foresight and

therefore it is both indispensable to administer land and maintain its

accounts scrupulously. For protection of rights of land holders and

government lands, updation of computerized land record and its

maintenance are pre conditions of ideal record keeping. Secondly, it is

also expected that in order to make revenue administration more smooth

and speedy, guidance has been provided to the administrative staff phase
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wise. However, as it requires focused attention yet a lot is expected from

the collector as head of district for revenue administration at this

juncture.(1) disposal of public issues in a time bound manner, (2)

Updation of land record and making it more secure. (3) To make

administration more sensitive to the needs of people. (4) To develop

intimacy by instiling confidence in people for administration. (5) To

generate ideal condition conducive to promoting efficiency in

subordinate employees/ officers and to sustain trust in leadership of the

collector (6) Streamlization of methodology and its implementation.

Thus, it should be our goal to strength management and its

constant sustainability and passing on land and inheritance of its ideal

administration to the successors. In order to concretize these objectives,

uninterrupted guidance and encouragement are provided by revenue

Department as a part of administrative education. It being a first step of

continuing administration for consolidated guidance it was under

consideration to bring out Collector Manual besides the manuals

published for Prant officers and Mamlatdars. This aim has been

achieved by Revenue Inspection Commissioner, Shri C.L. Meena and

his team. It is hoped that this Manual will be useful to the collectors in

making revenue administration ideal, dynamic and people oriented.

1st Aprtil, 2008

Vilasini Ramchandran
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PREAMBLE

The seeds of revenue administration are in the economics of

Kautilya. There is a general perception that the economics of Kautilya is

a volume based on the principles of politics only. But is not so. It also

deals with economics. Rural and agriculturalist system of that time was

based on power and prosperity of state, depending on farming, minerals,

business and commerce and collection of taxes. Moreover, principles of

rates of wages, price of Commodities and its control, use of revenue

receipts for discharging social obligations, etc were propounded.

Besides economics of Kautilya, we notice authorized base of land

revenue system in Manu Sanhita.

Shershah and able minister of Akbar, Todarmal provided the

principles of land and land revenues during the period of high 1540 to

1545 A.D. He classified land measurements and land as best, medium

and the low. He also adopted the system of recovery of land revenue in

financial form based on average of previous 19 years.

Thereafter Raiyatwari system was introduced in the Maratha

period, which was systematically implemented during British rule. As it

was found necessary to implement Raiyatwari system, survey was

undertaken for settlement and along with this, legal status was granted to

recovery of assessment of land revenue by regulation of 1927. During

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British rule many changes were effected in land administration but a

noteworthy aspect was survey and settlement.

The Bombay Land Revenue Code 1879, was enacted during the

Bombay State. Besides this acts, conferring magisterial powers and

revenue administration were in force. Provisions made in revenue code

are related to land administration. As it was imperative to record

changes made in administration of land and to maintain accounts of land

the then ICS Anderson published the manual of revenue accounts in

1931 A.D. which is being followed today. It is a beacon light for

maintaining land revenue administration and land accounts.

After merger of former princely states, the pubic servants of

different cadres were included in the Bombay Revenue Service. They

were ignorant of Bombay Revenue system to a large extent. As it being

a compulsory service and posts were created as per requirements, some

of the new government appointees though “ignorant of system” and “in

experienced” they were allotted duties and need was felt for training to

the new recruitees and with the result, work of preparation of Revenue

Manual to Shri M. K. Deshpande, I.A.S. in 1949, was handed over. It

took five long years and in 1954 this “Revenue Manual‟ saw light of the

day.
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Gujarat State was formed on May 1, 1960 as a separate state on

bifurcation of former Bombay State and land revenue code of the

erstwhile Bombay State is in force even today with amendments.

The administration today has become more people oriented and

speedy. In order to meet the demands of people, we are on the right

track to make administration smoother with maximum use of

technology. To day „Land‟ has become fundamental and basic source

for every stage of development. In order to keep up agricultural

production along with advance of urbanization and industrialization, the

administration has to discharge its duties very cautiously.

It is found necessary to equip the administration with acts, rules

and regulations as a driving force, special training is imparted to revenue

officers and employees. With a view to guide revenue officers on village

clusters for administration and to safeguard the rights of land holders

interested in lands and land management, updation of land records and

its upkeep are conducted through computerization and record

promulgation through E-Dhara system.

It was felt that a Manual is required for guidance of Revenue

officers like Mamlatdar and Prant officers who come indirect contact

with the people so „Prant Manual‟ was published on 1st April,2006 for

Prant officers and Mamlatdar Manual was published on 1st April 2007

for Mamlatdars.
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It was under consideration to prepare a manual for collectors

dealing with administration as district head. Considering this Shri M.B.

Parmar, I.A.S., Collector, Porbandar was assigned the work of preparing

a draft of “Collector Manual”. He presented the draft on basis of his

experience in revenue field.

Chapters included in the above draft were studied and considering

various powers, duties and functions of collectors, details were collected

from various government departments. Moreover, useful items for

collector were included by consulting the officers of the concerned

departments.

Fundamental and important aspects have been covered in the

Collector Manual such as powers conferred under various acts, duties,

leadership of collector in people oriented administration, qualitative

control over subordinate officers and employees, management of lands,

updation of revenue records and its upkeep, administrative supervision

and check, record management, wellbeing of people and welfare

attending duties during election process in democratic setup, disaster

management etc. which will go a long way in giving impetus to

governance. This book is not a legal treatise but a guide only.

After formation of the Gujarat state, preparation of collector

Manual is first attempt of this kind, which has covered almost all the

aspects of administration. However, your suggestions are welcome.

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Shri Gunvant Vaghela, Dy. Collector, (Inspection) of this office

has made valuable contribution in writing the draft of the Manual.

Moreover, Members of team of Inspection, particularly, Shri M.B.

Trivedi, Dy. Mamlatdar and Computer typist Shri M.A. Malek, Dy.

Mamlatdar and Shri B.C. Kadia, typist have rendered invaluable service

which are to be put on record with appreciation. It is hoped that this

manual will serve as guide for the collectors in people oriented

administration.

1st April, 2008 Sd/-

Sachivalaya, Gandhinagar. (C. L. Meena)
Commissioner, Revenue Inspection
And Secretary, Revenue Department.
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CONTENTS

Chapter Subject Page

No. No.

Preamble

Revenue Powers and functions

1. Revenue administrative setup at government level.

2. Branches of Revenue Department and their

functions.

3. Head of Department under Revenue Department

4. Collector

5. Collector- Implementation of Various acts.

6. Collector- Coordination with other Government

Departments.

7. Collector and Committees under chairmanship of

District Magistrate.

8. Work of Collector- four priorities.

9. Village land records

10. Revenue officers- field work

11. Acts, powers relating to land administration

12. Record of rights

13. Computerization of land records and E-Dhara Centre

14. Record promulgation

15. Proceedings to be made by collector in revenue cases

and appeals.

16. Non-agricultural permission (section 65 of RLC)

17. Ribbon Development Rules

18. Inquiry Under section37 (2)

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Chapter Subject Page

No. No.

19. Procedure for encroachment on Government land.

20. Provision regarding Gamtal and Simtal & Vada.

21. Land of scheduled tribes- restrictions and transfers.

22. Land of Bhudan

23. Disposal of government waste land for agricultural

purpose.

24. Grant of government fallow lands for non-

agricultural purpose.

25. Grant of uncultivable government waste land for

cultivation of fruit and other trees and for cotton and
other crops.

26. Disposal of permanent islands and river bed lands.

27. Disposal of non permanent Island river bed lands.

28. Extension of village site assignment and declaration

of revenue villages.

29. Anawari

30. City Survey

31. Mines-minerals operation and powers.

32. Prevention of fragmentation and consolidation of

holdings Act 1947.

33. Gujarat Public moneys (recovery of dues) Act 1979.

(No. 17 of 1979)

34. Recovery of government dues.

35. Procedure under Gujarat Agricultural land ceiling

Act. 1960.

36. Revenue functions transferred to Panchayats.

37. Bombay Tenancy and agricultural lands Act.1948

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Chapter Subject Page

No. No.

38. Saurashtra Gharkhed Ordinance 1949.

39. Lands held on inelinable and impartiable tenure.

40. Khorda lands being held restricted right of Chav,

Karami, Ubhad, Rawda in old Saurastra area.

41. Water-trough lands in Saurastra.

42. Process under land acquisition Act 1894.

43. Municipality-administration and Control.

44. Powers and functions of special secretary, (Appeal)

Revenue Department.

45. District Magistrate- powers

46. Bombay Police Act, 1951

47. Gujarat Prevention of anti-social activities Act, 1985

(PASA)

48. Defence of India Act, 1980

- Magistrerial powers and functions.

49. Functions under Essential Commodities Act 1955

50. Mid day meal scheme.

- Civil Supplies – powers and functions.

51. Bombay Stamp Act 1958 and registration Act 1908.

52. Entertainment, luxury Tax Act, 1977.

53. Powers and functions under Environment Act.

54. Implementation of other Government acts.

- Administrative works.

55. Record Keeping.

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Chapter Subject Page

No. No.

56. Disposal of cases-elimination of delay.

57. Citizens charter and Jan Seva Kendra

58. Coordination with other Departments of state

government.

- Departmental co-ordination.

59. Election

60. Disaster Management

R.I.CD. Inspection

61. Review of revenue/ administrative work

62. Common/serious defects being committed in revenue

offices and its removal.

63. Questionnaire for inspection of revenue offices.

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Revenue Power and functions

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Chapter -1
Revenue Administrative setup at government level.

We are aware that before B.C. 300 as described in Arthshastra of

Kautilya various office bearers worked at different levels for

administration of revenue. Thereafter with the passage of time various

administrative agencies had existed in the Moghal period, Maratha

region and British period as per the exigencies. The enactments framed

in British rule are still in existence with modifications and amendments.

After formation of the Gujarat State three tier administration that is

village, Taluka and District level came into being as unit of

administration. At village level the Talati and The Mamlatdaras are

looking after the administration of the Talukas on the group of villages

and circle over the group of villages. Districts are subdivided into

divisions and a group of Taluka is being looked after by Prant officers

and the whole division means the district is being looked after by the

Collectors. The Revenue Department of the government governs the

revenue matters of the revenue villages over 18000 villages. 232

Revenue Talukas and 26 Revenue Districts of the state.

The Present revenue set up of the state with various levels of

administration of revenue consists of the following.

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Chief Minister

Revenue
Minister

Principal Secretary Revenue Inspection Principal Secretary Commissioner of

and Commissioner and Commissioner (Revenue) relief and Principal
(Land Reforms) and Secretary Secretary (Revenue)
(Revenue)

Special Secretary
(Dispute) (Revenue)

Superintendent of Settlement Gujarat Revenue

Stamps Commissioner and Tribunal
Director of Land
Records

Collector

Prant

Mamalatdar

Cities Circle Cities

Villages Talati cum Mantri Villages

Villages

Cities Cities
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Chapter -2

Branches of Revenue Department and their functions.

There are 38 branches working in the revenue Department for
administration of the revenue. Their subjectiwse functions are as under.
This work is distributed among the Principal Secretary (Revenue) and
other Secretaries. The Principal Secretary (Revenue) is the
administrative head in charge of the Revenue Department.

A - Branch
1. This branch deals with the following matters of the districts of
Kheda, Anand, Junagadh, Porbandar, Surat,Kachchha,
Sabarkantha, Amreli, Panchmahal, Dahod, Bhavnagar,
Surendranagar, Banaskantha, Valsad and Navsari.
(1) The matter relating to disposal of government waste land
and other Kharaba under government order dt. 1-3-1960.
(2) Proposals for sale of government lands without auction to
individuals and housing societies for construction of
houses.
(3) Proposals for grant of government land to industries and
other non-agricultural use.
(4) Proposals for grant of government land by auction.
(5) Grant of government land for agricultural purposes.
2. Grant of land other than vested in village site or Panchayats to the
housing boards and other statutory bodies.
3. Policy matters.
(1) Common matters regarding government waste land such as
under reference to government of India or information by other
departments etc.
(2) Matters related to Pubic Account Committee.
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A-1 Branch
1. Allocation of government land for non-agricultural purpose of
districts of Ahmedabad, Gandhinagar, Mehsana, Patan, Vadodara,
Jamnagar, Rajkot, Bharuch, Narmada and Dang.
2. Allocation of land to big industrial houses for industrial purpose
(all districts)
3. Land to be vested to Nagarpalika (all districts)
4. Allocation of land for agricultural purpose through Izrael
technology.
5. Grant of land to government of India and matters related thereto.
6. Hire out land for manufacture of salt and its related ancilliary
matters.
B- Branch
1. To create temporary posts in local establishment and its
continuation.
2. To make temporary posts into permanent.
3. Appointment/transfer etc. in local establishment.
4. Work related to recruitment and resignation in local
establishment.
5. Regarding Departmental inquiry (local establishment)
6. Work related to crossing of efficiency bar (local establishment)
7. Sanction leave and its ancilliary matters.
8. Confidential Reports. (Local establishment)
9. Superannuation – premature voluntary retirement (local
establishment)
10. Work related to pay-pension (local establishment)
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11. Departmental Examinations of staff/officers of Local

establishment and work of training in this regard.
12. Publication of orders of delegation of powers among officers of
Revenue Department under Rules of Business for government.
13. Inspection-supervision of works of Registry and type section.
14. Work related to distribution of work among branch/unit of the
Department and offices.
15. Work related to disputed receipt.
16. Other miscellaneous matters of local establishment.
17. Review at age of 50-55
18. Higher Pay Scales (local establishment)
19. Exemption from examination of Hindi.
20. Fixing of training to direct recruitee officers/ staff allotted by
GAD. Work of completing probationary period.
21. Sanctioning of air travel, rail travel, out of state travel (local
establishment)
22. Break in Service (Local establishment)
23. Work relating to medical allowance/reimbursement (Local
establishment)
24. Submission of detail of the posts sanctioned, filled and lying
vacant in Department of the GAD.
25. Payment of benefits admissible to the officers/employees of the
Department on retirement such as L.T.C. Leave encashment,
payment of lump sum allowance for settling in native place.
26. Obtaining returns regarding property held by officers of class-II
of the Department (proper) every year.
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B-1 Branch
1. Compilation and forwarding information to high level teams and
such other reform teams, committees etc.
2. Work relating to Collector level conferences.
3. Meeting of secretaries convened under chairmanship of the Chief
Secretary.
4. Co-ordination work of cabinet meeting.
5. Co-ordination work relating to meeting of Hon‟ble Minister
(Revenue) Secretary/ Principal Secretary/ Additional Chief
Secretary (Revenue) held at Delhi.
6. Coordination of LAQs.
7. Co-ordination of Assurance Committee and Subordinate
Legislative Committee.
8. Coordination of meetings of consulting Committees of Members
of Legislative Assembly.
9. Coordination of meeting of pending questions of the government
of India.
10. Coordination of careers list.
11. Coordination of pending case disposal campaign.
12. Coordination of Action plan of Revenue Department.
13. Coordination of grant of awards for best performance.
14. Coordination of work done by branches of the Department for
publication of Annual Administration Reports by Heads of
Departments/ Commissioner of Inspection under Revenue
Department and Co-ordination of information for progress
achieved.
15. Work study Report and its related work.
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16. Coordination of meetings of other departments in respect of

matters related to B-1 Branch.
17. Coordination of work related to Social Welfare (except work of
percentage of reservation in government service and roster).
18. Mailing list.
19. Co-ordination of election.
20. Co-ordination of election Manifesto.
21. Despatching of copies of important GRs to MLAs/MPs.
22. Co-ordination of cases of subjects concerning more than one
branch.
23. Circulation of all types of resolutions/circulars etc. received from
other departments of Sachivalay to the appropriate levels.
24. Other miscellaneous work related to co-ordination.

B-2 Branch
1. All work under General Provident Fund.
2. All work under Group Insurance Scheme – 1981.
3. Work related to establishment of office of Secretary/Principal
Secretary/ Additional Chief Secretary (Dispute) Revenue
Department, Ahmedabad.
4. Work of food grain advance and festival advance admissible
under Gujarat Financial Rules.
5. Work relating to staff meeting of officers/employees.
6. Work relating to HBA, Motor Car Advance and Scooter Advance
and other vehicle advances under Gujarat Financial Rules.
7. Coordination of branch/ table inspection of branches of Revenue
Department.
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8. Audit being carried out by A.G. Rajkot, for R.D.

9. Work relating to maintenance and order of government vehicles
under R.D.
10. Work relating to Telephones under the Department.
11. Work of other training except departmental training/ examination
and DA/advances for training.
12. Purchase of books, publications, magazines, news papers etc.
useful to the officers/branches and their payment.
13. Issue of income certificates to officers/employees.
14. Allotment of government quarters and its ancilliary work.
15. Work relating to applications of officers/employees for enrolment
of membership in library and credit societies.
16 Work relating to „no objection‟ certificates for passports to the
employees of the Department.
17. Payment of bills for facilities (such as tea, coffee, refreshments)
available to the Hon‟ble Ministers and officers of the Department.
18. Work relating to issue of identity cards to officers/employees of
the Department.
19. All work relating to stores.
20. Purchase of computers for all the employees of Revenue
Department (proper) and its subordinate offices and all work
relating to budgetary provisions and purchase of computers and
its repairing and its spare parts and its ancilliary work.

Ch-Branch
1. Land acquisition for railways. (all districts)
2. Land acquisition for co-operative housing societies (all districts).
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3. Except the above, all the work of Land acquisition for the
following districts for any one acquiring institution (except GIDC,
ONGC, Departments/ boards) Corporations of Central
Government/ Gujarat Housing Board/ public/ private companies.
1. Gandhinagar 2. Surendranagar
3. Amreli 4. Bhavnagar
5. Rajkot 6. Jamnagar
7. Junagadh 8. Porbandar
9. Kachchh 10. Kheda
11. Anand 12. Dahod
13. Panchmahal 14. Sabarkantha
15. Banaskantha.
4. To create/ cancel/ extend period of establishment/ posts for land
acquisition in districts.
5. Allocation of vehicles in land Acquisition officers.
6. Provision for grant, allocation etc. for Land Acquisition Officers.
7. Inspection of land acquisition offices.
8. Work of above matters/ applications/ primary inquiry in districts.
9. Work of above matters and court matters in districts.
10. Work of audit reports on the above matters in districts.
11. Other work arising from the work of the above districts.

Chh – Branch
1. All matters in relation to implementation of the Gujarat
Agricultural Land Ceiling Act, 1960.
2. Work of collection and calling of statstical information of
concerned monthly/quarterly period of „J‟ Branch on closure of
 28

stastical Branch. Besides this, „J‟ Branch can review such returns
and change the format as per administrative convenience/need
and for any new item if statstical data is to be called and
collected, it can do so for monthly/quarterly/annually half yearly
by fixing the form.
3. Bombay partnership and debt tenure abolition Act, 1950.
4. Bombay ownership tenure abolition Act, 1950.
5. Bombay Talukdari Tenure abolition Act, 1949.
6. Bombay Panchmahal Mevasi Tenure abolition Act 1950.
7. Bombay Pargana and Kulkarni Vatan abolition Act 1950.
8. Bombay Vatva Vajifdari Rights abolition Act1950.
9. Bombay Sarnjamjagir and Political Award abolition Rules 1952.
10. Bombay Jat Inam abolition Act 1952.
11. Bombay merged area stastical tenure abolition Act 1953.
12. Bombay merged area (Baroda mulgiras) tenure abolition Act
1953.
13. Bombay merged area Baroda Vatan abolition Act, 1953.
14. Bombay merged area matadari tenure.
15. Bombay Okha mandali Salami tenure abolition Act 1954.
16. Bombay merged area and regions Jagir tenure abolition Act 1854.
17. Bombay‟s Gujarat and Konkan‟s.
18. Bombay Subject useful Inam Abolition Act 1964
19. Bombay marged are misc. inam abolition Act 1955.
20. Bombay Bandhijama Udhad and Ugadia tenure abolition Act
1959.
21. Gujarat remnant tenure abolition Act 63.
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22. Sagbara and Mevasi estate (ownership rights) abolition

ASct.1962.
23. Devesthan Inam abolition Act 64.
24. Gujarat land tenure abolition (Amend) Act 65
25. Subject useful Chakariyat Land except 2 Br,
26. Court litigation work of above land tenure abolition Act

D – Branch
1. Preparation of Selection list.
(1) Promotion of Mamlatdar Cadre from Deputy Mamlatdar
and first appointment there under.
(2) Promotion in Deputy Collector cadre, class-I from
Mamlatdar, class-II and first appointment thereunder.
2. Appointment :
(1) Posting, transfer, training, completion of probationary
period of direct recruitee Mamlatdar class-II.
3. Pay Fixation :
(1) Stepping up of Mamlatdar/Dy. Collector Cadre.
(2) Mamlatdar, Cadre –II from Deputy Mamlatdar, Steno
Grade-I and II Cadre, from Mamlatdar to Deputy Collector Cadre,
matters of higher pay scales.
4. Returns :
(1) Preparation of returns for the posts to be filled for
probationary Mamlatdar of District Recruitment, Amendments in
Recruitment Rules.
5. Publication of Seniority list :
(1) Publication of Seniority list of Mamlatdar Cadre.
 30

(2) Maintaining of roster registers, Mamlatdar Dy. Collectors.

6. Casual leave of collectors and leaving head quarters :
(1) Sanctioning of casual leave of Collectors and permission to
leave head quarters.
(2) Proposed monthly tour schedules of Collectors.
7. Joining Service :
(1) Joining previous service of Mamlatdar, Deputy Collector
Cadre.
8. Problems of Association :
(1) Problem of Association of Mamlatdars.
9. Appointment of Roster Contact Officer.
10. Collection of information of S.C., S.T. SEBC and Physically
handicapped candidates for direct recruitment and promotion for
Heads of Department under Department and all collectorates.
11. This information is sent after collecting it from information
branches called from Social Welfare (Social justice and
empowerment) Department, GAD and Tribal D.D.
12. To ensure that district officers are complying the rules.
13. To provide necessary guidance to district officers.
14. Work of annual Inspection to ensure that roster registered are
maintained in Collectorate/ Heads of Departments.
15. To take necessary action on representations made by S.C., S.T.,
SEBC and physically handicapped employees and their
recognized associations.
16. Review of workload in Mamlatdar cadre.
17. Fixing rates of P.T.A. allowances to Mamlatdar/officers of Dy.
Collector cadres.
19. Action plan of Mamlatdar Cadre –II.
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20. Permission of advanced study to probationary Mamlatdar.

21. Sanctioning of deemed dates to Mamlatdars/ Dy. Mamlatdar
cadres.
22. Action on recommendation on annual reports of commissioner for
S.C., S.T. of government of Gujarat.

D-1 Branch
1. Transfer, appointments etc of Dy. Collectors, Mamlatdars. (except
first appointments under promotion)
2. Reappointment of retired Dy. Collectors/Mamlatdars.
3. Revenue Department Examinations.
(1) Sub Service Departmental Examination Rules 1071.
(2) Lower Revenue Qualifying Examination Rules.
(3) Higher Revenue Qualifying Examination Rules.
(4) Revenue Lower Grade Examination Rules.
(5) Revenue Higher Grade Examination Rules.
4. Sanctioning leave/joining time of Dy. Collector/Mamlatdar.
5. Maintaining charge report, index card etc. of Dy.
Collector/Mamlatdar.
6. Cases of Superannuation / VRS and premature retirement of Dy.
Collector. Mamlatdars.
7. Preparation of Civil list.
8. Sending on deputation Revenue officers and fixing/ prescribing
their terms and deputation and pay.
9. Certificate under G.C.S.R.
10. Partial and final withdrawal from GPF to Revenue officers.
 32

11. Miscellaneous work such as calling of statements of appointment

at every quarter from collectors and Mamlatdars every month to
the Ministers.
12. To make budget provision for purchases of vehicles to regular
revenue officers such as Collector, Prant Officer, Taluka
Mamlaatdar and allocation of grant to the collector for this
purpose.
13. Matters of G.P.F. of All India Administrative Service Offices
under control of the Department.
14. Publication of seniority list of state level cadre of Deputy,
Mamlatdar and its related ancilliary court cases works.
15. Pay fixation of officers of Mamlatdars/ Deputy Mamlatdar cadre
on deputation.
16. Permission for higher studies to the Mamlatdars and Deputy
Collectors.
17. Relieving for training to Mamlatdars and Deputy Collectors.
18. Issues of association of Dy. Collector, GAD Cadre.

D-2 Branch
1. Confidential Reports of officers of the levels of Mamlatdars and
its ancilliary work.
(1) Maintenance of confidential Reports.
(2) Calling of confidential Report-review.
(3) Procedure for deciding representation for adverse remarks
made in confidential report.
(4) Communication regarding high court matter for C.R. and
appearing in High Courts.
(5) Cases pending of effiencybar in old pay scales.
 33

(6) (A) Providing of Confidential Reports for DPC for

promotion in Deputy Collector cadre from Mamlatdars.
(B) Providing of uptodate files of Confidential Reports for
nomination in IAS from additional Collectors and
appearing with necessary records.
(7) Call for names of then reporting officers and review in
officers for calling missing Confidential Reports of
previous years, connecting them and completion of the
work.
2. Sending of files of Confidential Reports for higher pay scales and
other administrative reasons in different districts/officers
Departments.

G- Branch
1. Grant of any type of government land free of charge, revenue fee
or on token rent under section 32 and 32-A of land Revenue Rules
1972.
2. Fixing of village site.
3. Matters relating to pasture land
4. Revenue-Kotar lands.
5. Pond-site lands.
6. River bed lands.
7. Khar land
8. Grant of brakish water land for rearing of zinga/fisheries.
14. To take backland to the government heads the land vested into the
Panchayats for violation of terms and conditions.
15. To fix the land (including No. 2,3,10) government land under
section 38 of the Bombay land Revenue code 1879.
 34

Gh- Branch
1. Land Acquisition Act 1984 – matters related to its policy and
interpretation.
2. Land acquisition for GIDC (all districts).
3. Land acquisition for pubic private company (all districts)
4. Land acquisition for ONGS (all districts)
5. Land acquisition for departments of Central Government, Boards,
Corporation (for all districts).
6. Land acquisition for Gujarat Housing Board (all districts) and co-
operative societies.
7. All procedure for acquisition of land in following districts (except
railway) for any acquiring institution except above maters.
Ahmedabad, Vadodara,Bharuch, Narmada, Rajpipla, Navsari,
Dang-Ahwa, Surat, Mahesana, Patan.
8. Work of preliminary inquiry for applications arising from above
matters and districts.
9. Work of court matters arising from above matters and districts.
10. Work of audit report arising from above matters.
11. Other work arising from work of above districts.

H - Branch
1. Matters related to maps of survey of India.
2. Issues related to “boundary marks‟ and issues of interstate
boundary.
3. All issue of whole establishment of office of settlement
commissioner and Directorate of land Records.
4. Issues of Survey and Settlement.
 35

5. Issues of city survey.

6. Work of agricultural census.
7. All matters of drafting of five year plan and annual plans for
office of head of department under administrative control and its
review.

H-1 Branch
1. Implementation of rules-regulations of stamp Act and ancilliary
rules.
2. Implementation of rules- regulations of Registration Act and Guj.
Registration Act
3. Implementation of disturbed area Act, ban on transfer of
Immovable property.
4. Work of entire establishment of stamp and registration.
5. Budget work, Five Year Plan, Audit.
6. Gujarat budgets legislative Assembly work, resolutions,
assurances.
7. Monitoring of principal income.

H-2 Branch
1. Work relating to land record computerization (LND-11)
2. Establishment of land record computerization.
3. Land record computerization.
4. Land record computerization –with a request to allocate budget
grant.
5. Ancilliary work to information technology Programme.
 36

J- Branch
1. Work of Modernization and Maintenance of records of rights
(Village Form No.6) and its ancilliary village Form No. 7/12 it.
2. Section 58(1) of Transfer of property Act
3. Mamlatdar court Act
4. Land granted for agricultural use under GRDI-1-3-1960 and land
of new tenure regranted under various land tenure abolition Act
A. Conversion of land from new tenure to old tenure and
permission for sale/change of terms and conditions.
B. Cases of violation of terms.
C. Grant of permission for exchange of land of new tenure.
5. Bombay prevention of fragmentation and consolidation of
holdings 1947.
6. Establishment of Gujarat Revenue Tribunal and its related
matters.
7. The Guardian and wards Act 1940.
8. All work of section 73-AA of Bombay Land Revenue Code.
9. Work of revision/appeal against procedure under section 73 AA,
73 AA of land revenue Code and information relating to letters of
MLA/ MPS/ Lok Darbar/ Parivartan Cell and Starred/ unstarred
questions/ Assurance Committee / pending pension cases and files
of classification.
10. The Gujarat Court Act wards Act1963.
11. Continue establishment of land scheme No. 6 (LND-8) all work
of primary inquiry.
12. Work of collection and calling statistical information of
monthly/quarterly statements of J-Branch on closure of stastical
branch. Moreover „J‟ branch shall view statements as per
 37

administrative convenience/necessity and change it and if any

stastical data is to be called/collected it shall prescribe statement
and call in accordingly for month/ quarters/ yearly/ half yearly.

Z- Branch
1. Bombay Tenancy and agricultural land Act 1948.
2. Saurastra self tilling, tenancy administration settlement and
agricultural land ordinance 1949.
3. Bombay Tenancy and agricultural land Vidarbh region ad Kutch
area Act 1958.
4. Bombay Inam (Kutch area) Abolition Act 1958.
5. Saurastra land reform Act 1951.
6. Saurashtra Barkhali Abolition Act, 1952.
7. Saurashtra Estate Earning Act, 1952.
8. Bombay (Saurashtra area) aghat and license abolition Act 1959.
9. Saurastra area – that revla-bhed rights land.
10. Gujarat Patel Vatan abolition Act 1961.
12. Bombay Kanishka Gam Vatan Abolition Act, 1959.
13. Stipenday Patalia land.
14. Rayani tenure land of Banaskantha, Sabarkantha.
15. Establishment under various tenures (only for concerned branch)
16. Work of write off dues of old states (Saurashtra and Kutch area)
17. Work of coordination of information of land improvement Act
18. Allotment of jeep (Vehicle) to Dy. Collector and reform tenancy
appeal.
 38

K- Branch
1. Matters of non-agricultural permission.
2. Matters of implementation of ribbon control and construction
rules and regulation of unauthorized construction.
3. Matters of leasing not government land for salt Industry.
4. Disposal of land of farm yard.
5. Federal lands (Grant of land to Central Government)
6. Bhudan and Gramdan.
7. Mines and Minerals and its allied Industries- correspondence with
Mines Department.
8. Work of Solvency Certificate.
9. Policy of rate of non-agriculture assessment and ancilliary
matters.
10. Treasury toll Act, 1879.
11. Dangs Development Council, Dang Dist. Resume fund and Dangs
loan fund.
12. Tax on agriculture income.
13. Shares on inheritance on agri. land.
14. Tax on tobacco.
15. Capital on Taxes.

L- Branch
1. Encroachment on govt. land and ancilliary matters.
2. Increase in measure.
3. Action under section 37(A)5 of Land Revenue for abolition of
rights of way of public.
4. Encroachment on water bodies.
 39

5. Issue of Sanad to beneficiary after dereservation of forest land.

6. Draft papers/ audit para of above matters.

L-1 Branch
1. Rehabilitation of displaced persons from West Pakistan.
2. Sale and administration of acquired and non acquired evacuee
property.
3. Recovery of loan from old Burma evacuees.
4. Rehabilitation of Indians repatriated from Mozambique, Burma,
Uganda etc.
5. Appeals under the DPCR Act1954.
6. The administration of evacuee property Act1950.
7. (1) Competent authority.
(2) Appellate authority.
(3) Enemy property
Under the evacuee interaction suppression Act, 1951.
8. Policy matters of evacuees.
9. Case of evacuee property at district level.
10. Petitions filed in Gujarat High Court against order of collector.
11. Work related to government building property (evacuee property)
12. Issue of allotment of land of Sardarnagar Township near
Ahmedabad city in respect of rehabilitation of displaced persons
from West Pakistan.
(1) Sale of open plot.
(2) Policy and guidance for regularization of encroachment
made on open plots.
(3) Matters relating to GR Dt. 23-04-1992.
 40

(4) Assembly questions.

(5) Reference of Public Liaison, Lok Darbar and Vigilance
Commission.
(6) Regularization of violation of terms and conditions.
13. Continuation of establishment of rehabilitation of displaced
persons.
14. Reconci. Batch.
15. Audit para.
16. Appropriation Accounts.
17. Public Account Committee.
18. Action Plan.
19. Wakaf Board.
20. Sindhu Settlement Board.
21. All work of co-ordination.
22. All matters of land revenue including land revenue policy and its
interpretation.
23. Regional changes / detaching of District/ Taluka /Prant.
24. Declaration of revenue village.
25. Land re-grant.
26. Khedut Pothi.
27. Revenue recovery certificates.
28. Delegation of powers to Panchayat.
29. Irrigation rates.
30. Revenue Accounts Manual.
31. Land revenue- budget- grant.
32. Audit para/ draft para of above matters.
 41

33. Work of co-ordination of amendments in Land Revenue Rules

and Revenue Accounts Manual.
34. Matters of verification of rights of land under section 37(2) of
land Revenue Code.

M- Branch
1. Departmental inquiry against gazetted officers of revenue cadre
and class II means Mamlatdars and Dy. Collectors after
completion of primary inquiry of allegations in respective
branches and obtaining opinion of Gujarat State Inquiry
Commission and completion of recommendations of Commission
at government land action for Departmental Inquiry starting from
acceptance of age.

2. Representation on revision of applications for punishment

imposed on above officers.

3. Work of suit lodged in court against orders of punishment.

4. Action of criminal offence against above officers.

5. Complaints for matters except subjects allotted to other branches

of Department against officers mentioned in no. (1) above by
Gujarat State Vigilance Commission.

6. Complaints against employees for non-gazetted officers of district

establishment who are involved in complain against gazetted
officers.

7. Action for suspension of officers of class I and II mentioned at

No. (1) and (2) above and their reinstatment in service.

8. Work of selection committee meeting for promotion class I & II

and supply information of pending departmental inquiry against
 42

them before grant of permission crossing E.B. pension, retirement

etc.

9. Supply information of departmental inquiry for reconsideration of

officers of class I & II whether to continue in service after 50 and
55 years.

10. Assembly questions arising from departmental inquiry against

officers shown in (1) & (2) above.

11. Supply information of pending departmental inquiry against

officers of class I & II for GAD.

12. Co-ordination of letters received from vigilance commission.

13. A work of primary inquiry of officers of Indian Civil Services

related to Revenue Department.

14. Work of getting information in returns every year of property held

by officers of class I and II of Revenue Cadre.

15. Work of obtaining sanction for purchase of movable and

immovable property for officers shown in above (1) and (2) under
Gujarat State Service and conduct Rules 1971.

N- Branch

1. Main subject being establishment of non-gazetted civil service

employees.

1. Deputation of foreign service of non gazetted civil services

employees.

2. Recruitment Rules (for non-gazetted civil servants)

3. Pay fixation Civil Service to class III & IV.

4. Absorption
 43

5. Likely date of Revenue qualifying exam.

6. Appeals except dept action not falling in purview of Gujarat Civil

Service Tribunal.

7. Creation of gazetted and non gazetted establishment for officers

of District/ Prant/ Taluka (except establishment to be created and
continued for Spl. work of concerned department.)

8. Sanctioning of association (for non-gazetted establishment and

resolutions passed by such associations)

9. Leaves (non-gazetted establishment)

10. Delegation of powers/rights (except departmental inquiry)

11. Joining of service (break in service)

12. Correction of birth date.

13. Inter district transfer of non gazetted employees on district

establishment.

14. Other matters related to non-gazetted district civil servants.

15. Matters related to District employees- library matters.

16. Surety bond of non-gazetted establishment of district.

17. Government buildings, offices and chora under Revenue

Department.

18. Written materials (Collectorates)

19. Furnitures (for Collectorates)

20. For telephone equipments.

21. Department council for revenue staff (non gazetted)

22. Issues of Kotwals under Revenue Department.

23. Training to non gazetted revenue staff.

 44

24. Direct recruitment / appointment/ transfer in deputy Mamlatdar

cadres.

25. Appointment on compassionate ground in spl. cases.

26. About subjects mentioned on above (1) to (25) – arising legal

matters, LAQ. GRs, assurances and ancilliary budgetary matters.

27. All work of citizen‟s charter.

28. All work of administrative establishment of office of Revenue

Inspection Commissioner.

N-1 Branch

1. Appeal on orders made by Collectors for discipline and conduct

of non-gazetted employees.

2. Issues of departmental inquiry against above employees.

3. Extension in period of departmental inquiry of above employees.

4. Sanctioning of suspension allowance.

5. Civil Suits, Writ petition of departmental inquiry of non gazetted

employees.

6. Grant of advance for house building and purchase of vehicle of

gazetted and non gazetted employees.

7. All work related to pension of revenue non-gazetted employees,

Mamlatdars and Dy. Collectors of dist. Establishment.

8. Counting of service in Pakistan of employees of cadres of

Mamlatdar and Dy. Collector.

9. Issues of old pay, allowances, residence, medical allowance,

C.D.S. and non-receipt of pay slips on time of gazetted & non
gazetted employees.

10. Charge allowances to Mamlatdars and Dy. Collector.

 45

11. Tribal allowance and Dang allowances.

12. Purchase and disposal of surplus military hutments and tents.

13. Issue of passport NOC.

14. Misappropriation of govt. funds.

15. Matters of Group Insurance Scheme by revenue district

establishment.

16. Allowances, Spl. Pay etc.

17. Matters related to GPF (including inheritance certificate)

18. Certificates for VRS.

19. Reappointment due to retirement, resignation etc.

20. All matters to be considered under discipline and conduct.

21. All works of changes as per office order Dt. 11-08-1989.

22. Representation against adverse remarks made in CRs.

Th- Branch

1. To provide for budget and coordination of budget work.

2. To get prepared 8 monthly, 9 monthly and 10 monthly revised

estimate and get it sanctioned.

3. Action for reappropriation and surrendering of savings.

4. Distribution of provision/grant of budget.

5. Out line of activities, discussion on budget by Finance Minister.

6. Detail on establishment asked by FD for budget.

7. Monitoring of expenditure on non-plan provisions.

8. Tally of expenditure.

9. Audit objections.
 46

10. Certificate for use of grant.

11. Matters authorized in grant.

12. Appropriation Accounts Grant.

13. Matters of other branch relating to opening new Budget Head.

14. On closure of Th-4 Branch all works of Th-4 Branch, work of

loan tally and work of tally of concerned heads of Department.
(expenditure receipt and loan)

15. Certificate of availability of fund for advances.

16. Priority register.

Th-1 Branch

1. Public Account Committee.

2. Audit Report

3. Finance Commission

4. Austerity and Policy matters.

5. Estimate Committee.

6. S.E.B.C. Committees S.C. Committee, S.T. Committee, Nomadic

and denotified Caste and 20 point Committee.

7. Loans to autonomous bodies, Accounts and review of budget.

8. Regularization of excess expenditure.

9. On closure of Th-5 Branch all works of Th-5 Branch shall be

carried out by Th-1 Branch.

Th-3 Branch

1. Plan, Coordination and review.

2. Performance budget and its allied wok.

 47

3. General Audit Para.

4. Inspection Report, audit Para.

5. Plan frame and Plan estimates.

6. All work relating to plan of preparing revised estimates and

allocation of grant.

7. Inspection Paras.

S-1 Branch

1. Steps for providing fodder and cattle relief during scarcity.

2. Estimated requirement of fodder- cattle feed for scarcity/semi

scarcity.

3. Ban on transport of grass inter state.

4. Relief in railway freight for transport of grass during scarcity.

5. Availability and procurement of grass of forest department.

6. Policy of marketing of grass.

7. Sanctioning of transport contract for transportation of grass.

8. Constitution of grass purchase committee.

9. Sanction for establishment of scarcity relief and its ancilliary

work.

10. Audit para of establishment during scarcity.

11. Seed tagavi

12. Annual administration report of scarcity work.

13. Consultation with NWWS Kalpsar Department and R & B

Department for creation on of technical establishment for scarcity
relief.
 48

14. References of MLA/MP regarding scarcity.

15. Other matters relating to grass after declaration of scarcity.

16. Water supply work.

S-2 Branch

1. Declaration of Scarcity

2. Starting of Gram Rahat Rojgari Yojana.

3. Starting of scarcity relief works.

4. Visit of central team for scarcity/preliminary work.

5. Scarcity contingency plan.

6. Advance Planning for Scarcity.

7. Sanctioning of estimates of plan for relief works.

8. Purchase of equipments, maintenance, storage, disposal other

ancilliary work.

9. Scarcity survey, investigation unit progress report and review.

10. Tribal areas sub plan, review of employment for rural relief.

11. Plan matters, land conservation Division, Sub Division, Progress

report review.

12. Complaints for relief works, distribution of other relief, Spl.

Investigation work, unit, Inquiry Commission and its ancilliary
subject etc.

13. Surprise checking of scarcity relief works.

14. Scarcity in districts – weekly / fortnightly report of lean

agricultural period.
 49

15. Weekly report of lean agriculture period scarcity from office of

director of relief.

16. Weekly/ fortnightly reports of rain fall/ agriculture work from

districts.

17. Constitution of various relief committees of state level/ District

levels/ Taluka levels.

18. Gratuitous relief – Nutrition Programme.

19. Stationery for scarcity- lean agri. period, furniture, telephone

connections.

20. Land acquisition for relief works.

21. Scarcity- lean agri. period, public Health matters.

22. Weather Reports.

23. Daily and weekly report of weather.

24. Press cuttings relating to scarcity, lean agri. period.

25. Policy of rates of wages.

26. Central assistance (with resp. to memorandum for scarcity)

27. Rainy season policy, scarcity, end of lean agri period.

28. Fortnightly reports of government.

29. Indian Peoples famine Trust Fund.

30. Drought management project.

31. Audit report of District/ Taluka Panchayat for scarcity relief

works.

32. Audit reports of Dist./ Taluka Panchayat for scarcity equipments

and other matters related to lean agri period.
 50

33. Audit paras of State Accountant General under allocations of

subjects.

34. Court matters, civil suits, payment of decretal amount under

allocation of subjects.

35. Work of Loksabha/ Rajya Sabha/ Vidhan Sanha, questions,

notices, motions, assurances etc. as per allocation of subjects.

36. Applications with remarks of governor, C.M./ Ministers/ letters./

notes. Under allocation of subjects.

37. Correspondence of Loksabha/ Rajyasabha/ MLAs/ Presidents of

Dist. Taluka Panchayats of allocation of subjects.

38. Payment of cash doles in scarcity affected areas.

39. Policy of cash dole payment

40. Fixing of policy of payment of wage rates as per work.

41. Arrangement for drinking water/ sheds, fixing wage rates for
laborers in relief works in scarcity works.

42. Constitution of Committee for scarcity work of meetings.

43. Anavari.

S-3 Branch

1. All work of disaster management.

2. Matters of policy for disaster and natural calamity with Central

Government & State Government.

3. All policy matters related to flood, heavy rains, storms, earth

quake, unseasonal rains, tragic great disaster.

4. Questions of Lok Sabha, Rajya Sabha, Vidhan Sabha regarding

disaster management.
 51

5. Policy matters for rescue, relief, rehabilitation.

6. Estimate Committee and audit Report for flood, heavy rains,

storms and natural disaster.

7. Standard of assistance in case of death, cash doles to victims of

natural calamity of all districts of state.

8. Rehabilitation of refugees of India-Pakistan War 1971.

9. Audit Para of Branch – work of Assembly Committee.

10. Work of court cases in respect of natural calamities.

11. All works related to establishment of office of Director of Relief

and Director, Voluntary Organizations.

12. Opening up of all control rooms from state levels to Taluka

levels, creation of posts of establishment and matters arising from
control rooms.

13. All work relating to telephone, Hot line, Wireless stations.

14. Purchase of all articles for office under control of Branch,

Subscribe newspapers, magazines.

15. Purchase of vehicles for natural calamities – work of repair etc.

16. Ancilliary all work of rescue work in event of earth quake.

S-4 Branch

1. Rehabilitation of victims of riots, movements, strikes, accidents,

railway, ship break, events of fire etc. matters related to policy of
relief.

2. Various relief committees of state, district and taluka levels for

heavy rains, floods, storm, riots etc.

3. Allotment of Ministers/ Senior officers in affected districts.

 52

4. Work of meeting of various committees related to state level

relief rehabilitation.

5. Fortnightly report of the governor for natural calamities,

accidents, movements etc.

6. Natural calamities (except scarcity) riots, movements, accidents

notice of short term questions of Lok Sabha/Rajya Sabha.

7. Natural calamities (except scarcity) audit reports of Taluka

Panchayats, Panchayat Rajya Samiti.

8. Assurance Committee.

AWARD Branch

1. Work of obtaining sanction of government after verification of

market value of lands being acquired under land acquisition Act

Examination Unit Branch

1. All work of conducting Department examination of officers of

direct recruitment of revenue cadre-III and Class I & II.

(1) Gujarat Higher revenue qualifying Examination.

(2) Lower revenue qualifying Examination.

(3) Revenue Higher Grade Examination.

Resettlement and reconstruction Branch

1. Advance planning for meeting the disasters.

2. Frame policy for resettlement and reconstructions, Design plans

through administrative and field staff and implement them.
 53

Monitoring cell /litigation Cell

1. Collection of information of cases of Departmental inquiry and

court matters.

Cash Branch

1. Work of salary and allowances and other payments of officers/

employees of the Department.

2. Work of service books of officers/ employees of the Department.

3. Work of budget estimates/ revosed estimates of Department.

Record Branch

1. Work relating to record.

2. Preparation of book circulars, digests and its up dating and its

ancillary matters.

3. Work of library of the Department.

4. Work of sub-record of GAD.

5. Purchase of legal books and publications, magazines, other

publications for use of Department, Branches and its payment.

Registry Branch

1. Enter posts, applications and other papers received in department

in register and deliver to concerned branches.

2. Scanning of posts/applications received in the department and

dispatch to concerned branches by IWDMS.
 54

Hon. Chief Minister‟s Relief Fund

1. Recovery of donations under Hon‟ble Chief Ministers Relief

Funds.

2. Assistance to be paid for accidents taking place in state / outside

state.

3. All ancilliary work of receiving of donation of relief funds of the

Hon‟ble Chief Minister and Cheques of assistance.
 55

Chapter -3
Heads of Department under Revenue Department

1. Revenue Inspection Commissioner:

Revenue Inspection Commissioner is the Head of the Department.

Moreover, he is acting as secretary by virtue of office. Instruction
of offices of Revenue and Panchayat (Revenue Work) of the state
is being carried out by inspection teams of the inspection office as
per prescribed programme. The Commissioner carries out
monthly review of revenue work of the collector. Moreover,
review of work is being carried out by convening meeting zone
wise of collectors. After dispatch of inspection notes to the
respective offices for compliance, note reading is done and
instructions are issued for rectification of deficiencies. In order
that revenue work is being carried out as per rules and laws
inspection and note reading is done besides imparting special
revenue training to revenue officers/ employees. This includes
implementation of various important acts. In order to enhance
efficiency of officers of revenue work4 conference of Mamlatdar,
Prant Officers and Collectors are convened.

Revenue Inspection Commissioners

Addl. Collector (Vigilance Dy. Collector (Inspection) Stenographer Grade-I
Cell) (Inspection and office
administration)
Dy. Mamlatdar
Clerk Cum Typist
Peon Cum Driver
Mamlatdar Mamlatdar Mamlatdar Mamlatdar Dy.
(Inspector) (Inspction) (Inspection) (Primary Mamlatdar
Batch- I Batch-2 Batch-3 Inquiry) Clerk
Dy. Mamlatdar Dy. Mamlatdar Dy. Mamlatdar Typist
Clerk Clerk Clerk cum Driver
Tyipis Typist Typist Peon
 56

2. Land reform Commissioner.

As speedy implementation of land reform Acts, being very

important, the government has set up a special enforcement
machinery under control of the collectors. However, in order to
guide, supervise and inspect collector and Agri. Commission and
machinery attached with land reforms working in districts, the
government has created a post of land reform Commissioner and
Ex-office a secretary having jurisdiction in entire state, who
specially looks after planning and proper implementation of
agricultural and urban land ceiling Act As a secretary he helps the
government in implementation of land reforms Act and deciding
matters pending under urban land (ceiling and regulation) Act
1976 (repeal Act)

To direct, supervise and inspect in work of land reform

commissioner in his capacity for implementation of various land
reform Acts and to supervise planning schemes of land reforms,
Assistant land Reform Commissioner and subordinate staff help
him.

He implements provisions of the Bombay Tenancy and

Agricultural lands Act 1948 (modified), Gujarat Agricultural land
Ceiling Act 1960 and other land reform, record of rights batches.

For effective implementation of land reform steps, updating

of record of rights is a prerequisite. For this end, there are right of
records batches (including tribal areas batches) of subordinate
staff consisting of 7 Dy. Mamlatdars and 20 circle officers under
Mamlatdars in the districts. The batches are inspecting village
records and taking steps for its updation. It aims at correct picture
of possession of records, occupation of Tenancy and true position
of agriculture. For disposal of cases of under Bombay Tenancy
 57

and Agricultural lands Act 1948, agriculture commission is

working with subordinate staff at Taluka levels. Similarly for
implementation of Gujarat Agri. land ceiling Act (modified) 1960
and for deciding cases arising from it Agriculture Commissions
are working with subordinate staff at, Taluka levels.

3. Settlement Commissioner and Director of land Records.

1. Objectives of land records :

(A) Survey and settlement, the measurement of pot hissa,

recommendation of assessment, improvement and preparation of
records of it and its upkeep and activities of all types surveys in
interest of the state such as –

(1) Land acquisition and

(2) Fixing general boundary.

(B) Providing copy of record under it.

(C) Consolidation of land of agriculture.

(D) Advise government in all respects of survey and settlement.

(E) Impart training to revenue officer in survey and settlement.

2. Settlement Commissioner and Director of land records is

the head of the Department. He prepares schemes and implements
under control of the state government. The dept consists of field
organization and offices of head quarters. Office of head quarters
is responsible for guidance and its control in activities of regional
organization. At Gandhinagar Head quarter, there is an
establishment of the Dy. Director, land record (general) The Dy.
Director ( land record), Dy. Director, (Consolidation) one Dy.
Director (Inspection), 6 office superintendents, one Account
Officer and One Asst. Consolidation officer. Field officers
 58

include Dy. Director, land record, Superintendent, land record and

superintendent, land record cum consolidation officer, District
Inspections, City Survey

Superintendent, Assistant Consolidation Officers, Inquiry officers and

survey Mamlatdars.

This department implements special schemes of resurvey of

lands in tribal and other areas. For this purpose field organization
includes survey Mamlatdars. For this work, offices of survey
Mamlatdar are kept at Valsad, Sura, Bharuch, Vadodara, Nadiad,
Godhra and Ahmedabad. For rewriting of torn records or
preparation of new ones, the parties are working under district
Inspector of land records. They are controlled and guided by
concerned Deputy Directors, land records.

The scheme of consolidation of land holdings is in progress

in seven districts of the state. In the field organization
superintendent, land records cum consolidation officer and Dy.
Director, land records at Ahmedabad, Nadiad, Vadodara,
Himmatnagar, Bharuch and Valsad are working as controlling
officers. The scheme is being implemented by three assistant
consolidation officers with a group of surveyors and Nimtandars.

4. The incharge officer of the District is District Inspector,

land records and he is in fact a milestone of land record
administration. He helps the collector in all respects of survey and
land record. It is his duty to update land records by including a
number of changes made from time to time due to division of land
by acquisition of land for public purpose, non-agricultural work,
civil decrees, etc. He arranges for measurement during winter and
summer, estimate of yield and changes in records during rainy
season.
 59

He scrutinizes technical work of maintenance of city survey

offices except under survey superintendent and work of survey
and classification carried out by his subordinate staff. He carries
out work of repair of boundary marks of at least one village in
each circle and inspection of record of right, tenancy and crop
register. District surveyor, Taluka Surveyor, Pot hissa surveyor
and maintenance surveyor and subordinate staff help him.

The scheme of village site survey in villages exceeding

population of 5000 in the state was introduced in 1981-82. For
this offices of city survey Mamlatdars are posted in Ahmedabad.
Mehsana, Bhavnagar, Rajkot and Surat. This work has been
transferred to District Inspectors, land records since 1-4-92. His
work is being controlled and guided by District wise concerned
Dist. superintendent land records, cum consolidation officer.

5. It is imperative to preserve original measurement and

record of classification carefully. If this is not done, the record
prepared with heavy cost and labour would be useless. Speedy
actions are needed to save it from termite and to keep it in good
condition. So the scheme is proposed to be implemented from
1981-82. Study is being conducted for preservation of record on
base of national archives and survey of India. At present this
record is being preserved in bundle of cloth and iron caskets.

6. The work of inquiry of areas of Ahmedabad Municipal

Corporation and City survey of 33 T.P. Schemes of 23 villages
surrounding it is being carried out by class-I officers of U.D.P.4
Urban Development Scheme under Land Record Department.

7. In order to collect detail of plan schemes of the state from

all districts of the state and produce to the government in
quarterly progress report after verification and co-ordination and
 60

to prepare points of financial and physical targets of 5 year plan,

one class-II officer and one shirstedar in Head of Department are
working over and above their duties.

8. Head of the land record department is land record

superintendent and Dy. Director, land record. He has under his
control for technical and administrative work. District Inspector,
Land Record, City survey superintendent, Inquiry Officer, Asst.
amalgamation officer for looking after special schemes. He has to
tour total 160 days in a year.

9. Land record department looks after various works such as

original survey, re-survey, (certification, boundary fixation,
assessment, village site survey, city survey, land acquisition and
upkeep of records etc.) After formation of Gujarat State, many
development plans have been launched. Along with this, strength
in staff has also been increased. This department also imparts
training to Mamlatdar and Dy. Collectors in survey and settlement
Administrative section and training sections are active at
Dindayal Institute for revenue administration, Gandhinagar.
Various trainings are imparted to staff of land record office, circle
officer, Dy. Collectors of direct recruitment, I.A.S. Dy. Collectors
etc. Special emphasis is placed on training in latest and modern
technology and computerization.

4. Inspector general of registration and superintendent of

stamps.

1. Implementation of stamps Act

Stamp Act is an Act related to revenue receipt of the State.

Some documents require payment of Stamp Duty which is based
 61

on fundamental principles, stamp duty is to be recorded on nature

of transactions.

In short, the administration has to look into the transactions

made under the documents. The main office of stamps at
Ahmedabad is charged with the duty of effective implementation
of stamp Act and to ensure that stamps of proper value have been
affixed on all types of documents executed in Gujarat state and
those executed out side Gujarat but subsequently brought in
Gujarat.

People have to use stamps on various occasions and on

various documents. It is possible that stamps of lower value are
affixed on agreements, certificates, documents, receipts, survey
deeds eligible for stamp duty under stamp Act The stamp
Department has to be vigilant to prevent evasion of stamp duty
due to ignorance of law or on account of other reasons. Hence it is
one of the most important works of stamp Department to
implement stamp Act strictly in interest of income of the state.

(1) Supply of non-judicial and judicial stamps.

Under Rule 8(1)(B) of Rules of government of India for

supply and Distribution of stamps under control of superintendent
of stamps, Gujarat State, Gandhinagar, assistant Superintendent of
stamps at Ahmedabad has been appointed as a special officer for
inspecting annual pre estimate and presentation of requirements
of stamps of Treasury and sub treasuries of Gujarat State, for
local depot has been appointed, and nodal points has been
constituted for timely supply of stock of stamps to each treasury
and branch depots and necessary stock of stamps is supplied to
each treasury and branch depots on time. Accordingly, other
important duty of stamp office is to maintain supply of all types
 62

of stamps for catering demands of local and branches depots in

the state.

Stamp vending work in the state is being done by (1) stamp

venders by virtue of their office and (2) licensed stamp vendors.
Two out of six counters under control of Head office of stamp are
working in Ahmedabad city. From these counters stamps are sold
to public by government commercial banks, local bodies etc. on
payment in cash. Whereas for except for Ahmedabad city for
other districts of the state, non judicial stamps exceeding Rs. 2000
headed in transaction in the districts are sold through treasury and
sub-treasury offices. Under notification of GR RD No. GHM-88/
302/ MSTP-1086/318/H Dt.3-12-88 this limit of sale has been
cancelled and now the licenscees can sell stamp of any value.

Head office of stamps at Ahmedabad supplies any urgent

requirement of stamp venders of local depot and branch
department from its own stock.

For the work of refund of approved spoiled judicial and

non-judicial stamps by general courts and district collectors and
for verification of statements of rebate issued to licenced stamp
vendors by sub-treasury, Deputy Asst. Stamp superintendent at
Ahmedabd acts as a controlling officer.

The Head stamp office at Ahmedabad fixes stamp duty on

documents presented for adjudication of stamp duty under Indian
Stamp Act 1899 and Bombay Stamp Act 1958.Government
officers certify documents presented after recovery of deficient
duty and penalty and given refund of spoiled and unused stamps
and he looks after all work of administration of stamps.
 63

The power to destroy spoiled stamps by people or treasury

is only with the Head stamp office.

Under section 207 and 209 of the Gujarat Panchayat Act,

1993 provision has been made in Gujarat Panchayat Act to
impose additional stamp duty of 15 percent and 20 percent on
documents by Taluka Panchayats and District Panchayats
respectively and under Gujarat Act 10/1088, the government of
Gujarat under articles 17, 20, 26, 28, 30, 36, 45, 52 and 57 under
section 3-A of Bombay stamp Act has decided to impose
additional stamp duty of 25 percent of 35 percent besides the
stamp duty as per rate in force at that time imposable on
documents for transfer of immovable property in urban areas.

The Head stamp office is charged with verification about

proper imposition of stamp duty and recovery and thereafter
distribution of between District Taluka Panchayat. The stamp
superintendent of Ahmedabad is working as an officer of
coordination of figures of stamps of whole of Gujarat State and
put in annual statements.

(2) Reduction in rate of stamp duty.

The total rate of stamp duty in instrument of transfer of

immovable property was 5.95 percent which was reduced to 4.90
percent. Thus the government has provided relief in stamp duty of
stamp of 1.05%

(3) Rationalization of rates of stamp duty.

There were 27 different rates of stamp duty in the state

which were reduced to only 9 due to which the implementation of
it has become smooth and transparent and reduction in disputes
and number of documents has been increased considerably.
 64

(4) Increase in income of port, security and commodities.

Under Article 24 of scheduled of 1 of the Bombay stamp

Act, 1958 as there was a fixed rate of Rs. 20 before 1-4-06 for
instruments of delivery order at ports, there was no receipt of
stamp duty at all in the state. Under amendment implemented
since 1-4-06, the rate of 1% on imported goods is in force.

(5) Relief in stamp duty.

X Following relief is granted in rate of stamp duty in

transactions of share securities and commodities.

X Under notification of RD Dt. 12-7-60 from 7-6-06 under

articles 5 (D)(A)(F)(G) and article 39 (A)(B)(C)(D) the rate
of stamp duty has been reduced to Rs. 1 for Rs. 1,00,000 or
its part.

X Under notification of R.D. Dt. 5-10-06, from 30-8-06 under

articles 5(6) and articles 39(F) the rate of stamp duty has
been reduced to 20 paise for Rs. 10,000 or its part.

(6) Payment of stamp duty by franking machine.

In order to check sale of fake and bogus stamps in the state

and to make available payment of stamp duty easily from
the nearest place of their residence to public an important
policy decision has been taken by the state government for
payment of stamp duty by franking machines through
authorized banks and co-operative banks of „A‟ class Audit
for banking business u/s. 22 of Banking regulation Act to
the nationalized and scheduled banks. Under order of 18-1-
2005, procedure has been fixed for use of franking
machines and its authorization. Accordingly, licence for
 65

franking machines has been given to various banks at 203

places of 25 districts up till date in the state.

As per provision of order Dt. 12-8-99, 106 licences

have been issued to institutions for payment of stamp duty
for its use upto 31-1-2008.

2. Stamp Department (Valuation machinery).

By accepting recommendations of Gujarat Taxation

Inquiry Commission, the state government has constituted a
stamp duty valuation machinery in view of amendment
made in Bombay Stamp Act of 1982 to 1985 for increasing
income of stamp duty.

(A) Recovery of stamp duty as per market value of the

property in conveyance deed.

Pursuant to the recommendation made for

constituting a machinery for making the structure of tax
smooth and dynamic and to remove disparity by Gujarat
Taxation Inquiry Commission, an establishment of stamp
Department in stamp duty valuation machinery consisting
of experts of R & B Dept. and revenue officers has been set
up whose head is Superintendent of Stamps. Ready
reckoners are prepared by this machinery and handed over
to registration officers of the state and amendment has been
made for recovery of stamp duty as per approximate market
value of property of instruments of transfer of property.

Pursuant to the recommendations of the

Commission, the state government has started preparing
estimates of approximate market value of various areas of
urban and rural areas stage wise by valuation machinery set
 66

up for valuation of property in cities having population of

one lakh first and more and its areas of complexes in the
state.

Under Bombay Stamp (Gujarat amendment) Act,

1982, the Act for recovery of stamp duty as per market
value of immovable property included in other instruments
of transfer for ownership of property is being implemented
since 1-5-84. However representations of interested party
had filed a writ petition in Hon‟ble Gujarat High Court
against implementation of this Act and the court had stayed
implementation of this Act from 18-12-84 and due to that
no action could be taken by collectors u/s 32-A of the
Bombay stamp Act 58. With the result, cases of 316 lakh
documents for fixing market price of property were
pending before district collectors and office of sub-register
by November 1988. During this period, it was certified by
Gujarat High Court in verdict of Sp. Civil appli. No.
1892/87 the rights for fixing market value u/s 32-A were
delegated to officers of level of Dy. Collectors.

For disposal of pending documents under section 32-

A of the Bombay stamp Act 1958, power for disposal has
been delegated to the Dy. Collectors, Stamp Duty
Valuation Administration under section 32-A. Ready
reckoners have been prepared for market value of
immovable property and it has been implemented since 1-
11-99.

The powers to fixed market value under section 32-A

have been delegated to total 28. Dy. Collectors of state.
Inspection branch of valuation administration checks
 67

whether the Dy. Collectors conduct their work as per the

rules of government and a programme is fixed and cases
are checked and review is carried out for cases disposed of
by the Dy. Collectors incorrectly u/s 53.

3. Registration Department.

Registration Department is mainly concerned with

implementation of Registration Act, 1908 (16 of 1908). The
main function of registration Department is registration of
documents, maintenance of permanent record of registered
document under Registration Act 1908. Its aim is to check
fake and fabricated documents detail of price of movable
and immovable property, transaction of consideration
produce conclusive evidence of genuine documents and
safety of ownership documents. This department gives
authenticated records by hand written or photocopying
methods for documents produced for registration for
transaction of immovable and movable property and
thereby it serves people. The registration fee charged under
the Act is for service of people. Thus the main aim and
object of this Department is preparation of authentic
records by copying by hand writing partially and/or by
photocopying transactions of immovable and movable
property and thereby to serve the people. Alongwith this it
has to make available to the government tax on stamp duty
sufficiently on documents produced for registration under
Bombay Stamp Act.

2. Inspector general of registration is head of the

Department and he has jurisdiction of the whole Gujarat.
Settlement Commissioner was working as inspector general
 68

of registration upto 14-10-81 by virtue of his office but on

sanctioning a separate post of superintendent of stamps and
Inspector General of registration from 15-10-81 the same
has been filled. The duties and functions of the said post are
as under :

(A) He exercise general supervision on all sub registry of

the state and makes rules consistent with registration Act
with approval of the government.

(B) He is inspector general of registration for marriage

for (1) Indian Christian marriage Act 1872. (2) Parsi
marriage and dissolution of marriage Act 1936 (3) Spl.
Marriage Act 1954 and (4) Bombay Marriage registration
Act 1953 and under Court fee Act 1959 he is Chief
Controller of Revenue Officer. The work of registration of
marriage under Bombay Registration of Marriage Act 1953
has been transferred to Health and Family Welfare
Department since 1-1-2008.

(C) The office of Inspector general of registration has

Inspector General of registration, Dy. Inspector General of
Registration and four Asst. Inspector General of
Registration out of which one is Asst. Inspector General of
Registration (Government Photo registry) and other staff
help him. Inspector general of registration exercises
Supervision and Control on offices of all registration
officers, Dist. Registry offices and offices of Inspector of
registration.

4. Formerly there were 18 offices of Inspector of registration.

Thereafter on sanctioning new posts of 6 Inspectors of
registration in 6 newly formed districts at present three are
 69

total 24 offices of inspectors of registration as under : (1)

Ahmedabad (2) Gandhinagar (3) Palanpur (4) Mehsana (5)
Rajkot (6) Jamnagar (7) Junagadh (8) Bhavnagar (9)
Vadodara (10) Surat (11) Panchmahal (12) Bharuch ( 13)
Amreli (14) Bhuj (15) Sabarkantha (16) Surendrangar (17)
Kheda (18) Valsad (with Dang dist.) (19) Navsari (20)
Narmada (21) Anand (22) Dahod (23) Patan (24)
Porbandar. Inspectors of registration help Inspector General
of registration in inspection of offices of state in tour
programmes. They inspect once in year in offices of their
subordinate sub registry books of registration, lists,
accounts and other records and prepare a list of inspection
about errors found and negligence or acts of wrong
procedures. They verify records for proper registration fee
and proper recovery of stamp duty. Thereafter, they issue
proper orders for inspection list. They forward one copy of
inspection list to Dist. registration officer and one copy to
Inspector General of Registration.

5. District Collector works as District Registrar by virtue of

his office and he is head of office of Dist. Head quarter. He
is assisted by head office, sub-registration officer and Dist.
Registration clerk in his work. At Taluka levels, sub
registration officers are working under control and
supervision of Dist. Registration Officer. 24 district have
offices of Inspectors of registration and 150 sub registration
officers are working at Taluka level under control of Dist.
Registration Inspectors.

6. Registration officers of Grade-I category are appointed in

district Head quarters as sub-registration officers and
 70

offices with heavy works for valuation and as sub-

registration officers at Taluka places of II grade. They
accept documents of registration of property and fix
estimated market value of property for tax recovery in their
jurisdiction. Sub registration officers at Head quarters is
also marriage officer under Special Marriage Act, 1954
under his jurisdiction and he helps district Collector in has
duties under stamp Act Sub registration officers at Taluka
are Marriage registration officer under Bombay Marriage
Registration Act 1953 and Parsi marriage and dissolution of
marriage Act1936.

7. Office of photo \registry office has been separated

completely from photo litho press and has been placed
under administrative control of Inspector general of
registration from 1-9-80. For administration of photo
registry office, a post of Inspector General of registration
has been approved by Revenue Department, who works on
advice and issue circulars and instructions to inspector
general of registration in administrative and policy matters
for its smooth conduct.

8. For safety of registered documents registered by the party

and to prevent any erasure or tampering in it, photo copy of
microfilming of documents was carried out. This system
was introduced in Bombay state in 1927 and on bifurcation
of Bombay state into Gujarat, the work of photo copy of
documents by microfilming in Gujarat state was
implemented from 1-9-1980. Government photo registry
was put under control of R.D. and has been placed under
direct control of inspector general of registration where
 71

work of photo copy by microfilming method was doke of

all documents registered in whole of state. In changed
circumstances, in order to expedite the work, photo copying
was accepted through computerization of documentation as
pilot project from year 1997. Old method is time
consuming and machinery is also old on account of this the
work also accumulates progressively. In order to remove
these difficulties, for photo copy of “documentation by
computerization the system of documentation gini” was
accepted. Scanning of documentation through total 12
documentation retrieval system at Gandhinagar and other
district level is being carried out. Record of scanned
documents is preserved in one hand copy and C.D. A total
six lakhs documents are produced for registration annually
in whole state it is necessary to give back these documents
to the applicants very speedily. This work increases
gradually and documentation retrieval system becomes old
so it should be modernized and work of registration of
documents as in Maharasthra state is completely
computerized.

9. Under Registration Act 1908.

Registration of documents of movable and immovable

property is being done. The work of registration of
documents of transfer of property and other instruments is
being done in registration Department of Gujarat State.
Registration of documents, valuation of property of
documents, photos of parties, finger prints scanning of
documents are done through computerization. Thus, all 150
 72

offices of sub-registers in the state is completely

computerized.

5. State Revenue Tribunal.

1. On bifurcation of greater Bombay state and separate

Gujarat state coming into existence, Gujarat Revenue
Tribunal has been formed. This tribunal has been
constituted under Gujarat Revenue Tribunal Act 1957. In
Gujarat State, separate Tribunal exists since 1960. The
tribunal consists of one chairman and members decided by
the government. Generally 1 + 4 total 5 members office
works as tribunal. An officer of rank of Dy. Collector acts
as registrar.

2. This office works as quasi judicial body. It deals with

revision applications/ appeals/ review/ restoration
application preferred under various acts of law, and say
orders are issued and final disposal of applications by
hearing of parties are undertaken.

6. Gujarat State land use Board.

1. To prepare a long term scheme for use of land resources

(land, water and trees) of the state, to take steps for
increasing awareness in people for importance of
conservation of land resources and its balanced use, and to
ensure coordination of activities of various departments of
government. With this object, Gujarat State land use Board
has been constituted as non statutory advisory committee
under GR RD No. LND-3995-1178-A Dt. 6-6-1997. The
Chief Minister is the Chairman of the said Committee. The
Members of the Committee are Ministers of Agricultural
 73

and Co. op. Department. Industries and Mines Department,

Narmada Water Resources and Water Supply Department.
Urban Development & Urban Housing Department. Forest
& Environment Department & R.D. besides chief secretary,
Secretary, (Expenditure), F.D. Principal Secretary,
Secretary of above 7 department and five experts in field of
water management are members of the Committee.
Member secretary of the committee is Commissioner, land
reform, Gujarat State.

7. Special Secretary, (Dispute)

On abolition of post of Commissioners the government has

appointed Spl. Secretary (Dispute) as quasi judicial authority to
decide appeals and revisions preferred under various acts. against
order of collectors. He has been empowered to hear appeals and
revisions under various acts related to special secretary (Dispute).
He has been appointed as secretary (Revenue) of the Government.

8. Gujarat State Disaster Management Authority (Principal

Secretary and Commissioner of Relief)

In wake of terrible earthquake strike on 26 January, 2001, many

villages and cities suffered heavy causalities and large scale
destruction of life and property in the state. Due to this earthquake
Gujarat particularly districts of Kachchha, Rajkot, Jamnagar,
Surendranagar and Patan public life was greatly affected and
disturbed. Pursuant to this, in order to take steps of rehabilitation
and resettlement in quake affected areas of the state in time limit
and maintain co-ordination among various department on
permanent basis, the Gujarat State Disaster Management
Authority was constituted under societies registration Act1860
and Bombay Public Trust Act 1950 under G.R.GAD Dt. 8-2-
 74

2001. Thereafter on passing of Gujarat State Disaster

Management Act 2003 by the State Government, Gujarat State
Disaster Management Authority was formed on 1-3-2003.

Constitution : (By GR Dt.11-8-2003)

1. Hon‟ble Chief Minister Chairman

2. Hon‟ble Finance Minister Member

3. Hon‟ble Revenue Minister Member

4. Chief Secretary Member
(by virtue of office)

5. Principal Secretary/ Secretary R.D. Member

(by virtue of office)
6. Commissioner of Relief, Member
Gujarat State
8. D.G.P., Gujarat State, Member

9. Principal Secretary F.D. Member

10. Principal Secretary H.D. Member
11. Principal Secretary U.D.D. Member

12. Secretary, R & B Member

13. Addl. Chief Executive Officer Member-Secretary

Main Objective :

(1) The Authority, subject to provisions of the Act, shall be

primarily liable for encouraging organized and coordinated
scheme of disaster management for prevention and alleviation of
disaster by state, local authorities, independent persons and
communities.
 75

(2)(A) The authority shall work for disaster management, and

rehabilitation, reconstruction, valuation and assessment after
disaster, central planning, co-ordination and supervision of it.

(B) It shall be liable to implement urgent relief work of R.D.

and other Departments. However, it shall help in framing urgent
relief policy to state government.

(C) It shall inform state government and Department of

government for progress and problems of disaster management.

(D) Disaster Management shall encourage general awareness

and education for urgent planning and response.

(3) It shall help and support to the state government, collector,

officers of state government and local authority in performing
works as directed to it.

Its head quarter shall be at Gandhinagar and its jurisdiction

shall be whole Gujarat State. In order that Gujarat State Disaster
Management Authority gets advice and guidance of experts of
various fields in its implementation, a state advisory Committee
under the auspices of this authority has been constituted under
resolution Dt. 27-2-2001 and amended GR Dt. 29-2-2001, by
rehabilitation and reconstruction division of D.A.D.

In order that voluntary organizations extend public

participation to government in rehabilitation work, the committee
shall provide guidance to state government.

In order to evolve a long term strategy for natural disaster

in state on permanent basis and plan disaster management, a task
force of experts of various fields has been constituted under GR
GAD Dt. 13-3-2001.
 76

The work and liabilities of the task force shall include the
following :

1. With a view to dispatch relief on time and speedily during

natural calamities and under take rescue works and to suggest
effective steps for preparedness, a special study group should be
constituted consisting of rescue work, implementation, training to
people and various experts.

2. To review current schemes for management programme at

state/ District/Taluka levels at present.

3. To prepare disaster management plans for various disasters.

In order to ensure implementation of schemes of rehabilitation

made by World Bank in time bound manner, Central
Implementation Review group under chairmanship of Chief
Secretary of the State has been formed.
 77

Chapter – 4
Collector

Collector is the head of revenue administration of the District.

The state government appoints him under section 8 the Bombay Land
Revenue Code 1879. The Divisional Commissioner was looking after
implementation and supervision of the land revenue code during ex-
Bombay state. He was supervising and guiding the Collector. From 15th
August, 1950 the post of divisional Commissioner was abolished and
the powers of land revenue code and other acts were delegated to the
collector by the government and with the result the Collector is
responsible for implementation of provisions of various Acts of his
district.

Day by day the work load of the collector has increased because
he is important link between the government and people for
implementation of administration and law. He being representative of
state government at district level, he has to discharge most important
duties in administration. As he coordinates all officers of district and
conducts administration of district, he is Chief Co-coordinator of the
District. He also acts as a district magistrate.

Section 8 of the Bombay Land Revenue Code 1879 deals with the
collector which is as under:

“The state government shall appoint in each district an officer who shall
be collector and who may exercise, throughout his district, all the
powers and discharge all duties conferred and imposed on a collector or
as an Assistant or Deputy Collector by the Act or any other law for the
time being in force and in all matters not specifically provided for by
law shall Act according to the instructions of the state government”
 78

Looking to these provisions it is clear that he has to perform two

fold duties.

(1) Duties provided by law.

(2) In matters not provided by law, he shall Act according to the

instructions of the state government.

Looking to this, the scope of the collector is very wide and he has
wide responsibilities. There is no definition of collector in law but
looking to the above provisions it can be said that at district level he is
pivot of the state government.

He is a head of district treasury and for administration of treasury

he is liable to audit department. He has powers to control and guide the
municipality. He is associate member of District Panchayat.

Looking to his legal, administrative powers and work he can be

identified as under :

The word “Collector” has a broad meaning in the present

democratic structure which may be defined as under :

C- Chief of the District

O- Organizer of all events

L- Land Manager & Land Revenue Administrator

L- Law and order

E- Equity based justice and emergency manager.

C- Custodian of Revenue Records and co-ordinator.

T- Treasurer and Trustee of government land.

O- Origin of District Administration.

R- Reviewing authority and Recognized.

 79

(1) Under section 8-A of the Bombay Land Revenue Code 1879, the
state government may appoint additional collectors.

(2) Under section-9 of the above code the state government appoints
Assistant or Dy. Collectors who works under the collectors.

(3) Under section-12, The Taluka Mamlatdar appointed by state

government is revenue officer under control of collector.
 80

1. Administrative set up at district level

Collector

Addl. Resident Dist. Supply Dy. Prant Dy. All other Supt. of Dy.
Collector Dy. Officer Collector Officer Collector Dy. land record Collector
Collector (Land Midday Collectors (Land
Reform) meal and acquisition)
Mamlatdar

City survey D.I.L.R.

suptdt.

Mamlatdar
Dy. Mamlatdar Dy. Mamlatdar (E Dy. Mamlatdar Dy. Mamlatdar Dy. Mamlatdar Circle Officer
(Revenue) Dhara) (Supply ) (Midday Meal) (Midday Meal )
Amnt. Inspection

Mamlatdar cum Mantri

Link between rural/urban people & Collector.

 81

Control of Collector on subordinate Important Revenue Officers.

The Collector has to exercise supervision and control over his

three subordinate important Revenue Officer Slike Circle Officer,
Mamlatdar and Prant officer. He has to ensure that whether these
officers performs duties and functions delegated to them and exercise
powers properly.

1. Circle Officer :

Circle officers work under direct control of the Mamlatdar. In one

taluka on average their villages are allocated two circle officers. They
have been assigned special responsibility of preparing revenue chapters
and updation of revenue records and custody of government land. The
Mamlatdar exercises effective check on him by review and supervision
of his work. His duties are described here under. Those points are
important for his work. The duties of circle officers are as under :

2. Duties of circle officers:

There is no provision in land revenue code for his appointment

but he is appointed by administrative order. He supervises civil
administration and land records of all villages of his circle under order
of Mamlatdar. He has to visit all villages from time to time, he is being
informed of qualification of talatis and his conduct about condition of
crops, condition of people and he has to report immediately to his
superior officers for any act required of him and implement it
immediately. Particularly the circle officer is to perform the following
functions.

(1) He has to verify records if rights and recover assessment after

examination of estimates of area of various crops and helps in
preparation of anavari of crops of village.
 82

(2) With the intention of finding encroachment on land, erect

boundary marks on govt. waste land and rectification of it.

(3) Inspection of census of people and cattle.

(4) Inspection of birth and death certificate statements.

(5) Inspection of statements of well, tanks.

(6) Verify recovery and find out reasons for pending recovery. Check
balance of Talati and verify proper deposits in treasury.

(7) Verify certain receipts of people by oral questions and by

comparing note with books of account. Put signature in token of it
being correct and write at the end of the book of account of the
village the no. of holdings examined. During tour he should verify
50 percent of receipts for various remittance of land holders and
10 percent receipts of Aval Karkun, Mamlatdar and T.D.O.
should be checked with the original receipts. (Govt. circular of
RD Dt. 01-10-70)

(8) Checking of diary of Talati, Put signature in remark column and

note briefly in his diary.

(9) Supervise work of preparation of record of rights.

(10) Supervise implementation of all resolutions and other orders

issued for villages by Mamlatdar.

(11) After tour being over, prepare statement of Taluka and perform
office duty as per instruction of Mamlatdar.

(12) Verify whether all fragments are entered into the result of records
and notices issued to concerned parties in prescribed form.

(13) Verify whether there is any violation of resolutions of The

Bombay Tenancy and Agricultural lands Act and Bombay
Preventation of fragmentation and consolidation of Holdings Act
 83

(14) Verify whether the tenant who tills land genuinely is recorded in
the record of rights and if there is any inconsistency, it has been
reported to the Mamlatdar properly.

(15) As per section 26(2) of the Bombay Tenancy and Agricultural

lands Act, whether the land lord issues receipts for tenancy and
whether land lord recovers excess tenancy or inform of service or
labour and for all these cases, whether registered to the
Mamlatdar.

(16) To tally registered supplied to Talati showing account of book of

V.F.9 with stock book.

(17) To verify construction to check violation of ribbon regulation

Rules and if yes, steps are taken or not.

(18) To verify the terms of lands of grant of land on administration of

tenancy which cannot be appointed or/and transferred by the
grantee for compliance.

(19) To tally electoral rolls prepared by village officers.

(20) To inspect all minor irrigation works falling in his circles at the
end of monsoon and reporting its result to the Mamlatdar.

(21) To inspect from time to time encroachments, violation of terms,

for finding this inspect plots of village site lands, granted or
leased land on special terms and non-agricultural plots.

(22) To verify social disability of Harijans and see that whether any
violation of Act of removal of social disabilities have taken place.

(23) To experiment of cutting crops necessary for fixing of anavari of

crops and assessment of tenancy under Bombay Tenancy and
Agricultural land Act 1948.
 84

(24) To tally actual farm condition and check whether statement/

register of inconsistencies to be regularized in maps, atlas and
record of rights.

He should not point out errors only while inspecting work

but he should take steps to rectify errors.

The aim of inspection is to point out errors and expose

these deeds and set right errors before further damage and in
experienced talatis are informed on time.

It is the rule that complete inspection of every village in

circle should be carried out every year. However, if circle being
big or due other reasons, it is not possible to complete inspection
of all villages every year, the Mamlatdar is responsible for full
inspection of villages of his circle every year and inspection of all
villages every year is carried out. When camp of collector is fixed
at a village of circle officer, upto his tour of circle, he should act
as per his instructions and when asked by him, he should
accompany him for inspection.

He should supply relief in scarcity period by virtue of his

office. He should observe changes in weather so that he can
discover signs of impending scarcity first and when he is called
upon he can report the position of his circle immediately.

Except the period of 1st of July to 15th September he should

send his tour programme to the Mamlatdar every Saturday he
wishes to under take on which day and in which villages for the
following fortnight. He can change his programme for special
reasons.

He should tour generally for 20 days in a month in fair

weather (October to June) and at least for 30 days on average in
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July to September. During fair weather he should pass 15 night

halt out side head quarter of his circle in every month. For any
reason if such tour can not be completed he should make up the
deficiency in the next month.

The circle officer should submit his diary to the Mamlatar

in prescribed form for every month from June to September and
for remaining months at every fortnight. He should send his diary
directly to sub divisional officer under his signature. In diary he
should not ask for any other and if needs any order for any matter
he should make a separate order. He should comply with remarks
made by Mamlatdar and Prant officer. The office copy of the
diary should be produced before the supervisor/officer for his
inspection. The Collector should issue guide lines – instructions
after inspection of diary of circle. Thus it is the duly of the
collector to supervise and control the function of the circle officer.

3. Mamlatdar :

The office of Mamlatdar has assumed important status from

ancient times. The word “Mamlatdar” is derived from original
Arabic World MUAMLA (Mamla) means complicated matter or
case and the officer who solves such matters or issues is
Mamlatdar. The Mamlatdar is the Head of revenue administration
consisting of average 80 or more groups of villages.

Appointment of Mamlatdar

The state government appoints Mamlatdar under section-12

of Land Revenue Code. For appointment, duties and powers of
the Mamlatdar following provisions are made :
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Section-12 :

The chief officer entrusted with the local revenue

administration of the Taluka shall be called a Mamlatdar. He shall
be appointed by the State Government.

“His duties and powers shall be such as may be expressly

imposed or conferred upon him by this Act or by any other law
for the time being in force or as may be imposed upon or
delegated to him by the collector under general or special order
the state government”.

A decision or order of the Mamlatdar in performance of the

duties and exercise of powers imposed or conferred upon him or
delegated to him under this section shall be subject to provisions
of chapter- XIII.

Thus Mamlatdar being Revenue officer he is executive

magistrate under section-20 of the Indian Criminal Procedure
Code 1973 also.

The Mamlatdar is a gazetted officer of the State

Government. As the collector is the head of the district so
Mamlatdar plays role of head of Taluka. He is responsible to
Prant officer and collector and he solves problems of people by
coming in direct contact of the people. Thus the Mamlatdar has a
multipurpose role to play at Taluka lvel.

The powers delegated under land Revenue Code and

various Acts of revenue administration and powers delegated by
state government or collector are his duties and powers.

4. Duties and Powers of Mamlatdar

(1) Conduct revenue administration of Taluka and Act as Chief

coordinator of Taluka.
 87

(2) Supervision and inspection on work of revenue personnel

of Taluka.

(3) The origin of any revenue chapter is the office of

Mamlatdar. So that detailed report and proposals of
revenue chapters should be sent by such manner to the
superior officer that they are settle or decided without
further queries.

(4) Mamlatdar is custodian of land record of Taluka. Hence his

duty is to preserve land records and updation from time to
time. Preservation of public property being his primary and
fundamental liabilities. Right to property of people and
settlement of revenue issues arising from them is his main
role.

(5) Preservation of government land and constant vigilance on

it that no encroachment is made on it.

(6) Recovery of government dues and prevention of theft of

government property.

(7) Mamlatdar has to administer office affairs along with

revenue administration skillfully as Tour/ Field officer. As
tour of Mamlatdar is vigilant and record inspection
effective, so the administration shall be efficient and
honest.

(8) It is the primary duty of the Mamlatdar to ensure that the

administration of office is as per provisions and rules of it
and standing orders from time to time.

(9) It is his responsibility to ensure that while implementing

laws, no violation is made of prescribed process of law and
strict compliance of office procedure for administration.
 88

Use of seal :

As provided under section 22 of the LRS. The Mamlatdar has to

use 1 inch round seal, made of brass, copper or lead. But in the
state new rubber seals are used.

5. Field work prescribed for revenue department of taluka

Mamlatdar.

1. Appendix – A : 10 (ten) villages in a year.

2. General inspection of : All villages of Taluka in a year.
records.
3. Days of tour : 175 days
4. Night halt : 84 days.
5. Visit of villages of : Visit of all villages every three
taluka month.
6. Inspection of record of : Once in three months.
Dy. Mamlatdar/ Circle
office
7. Clerk : Inspection of all clerks of
office once in every 3 months.
8. Target of inspection of : 1100
Khedut Pothi.
9. Work of fixing anavari by trial of crops of all villages of
Taluka.
10. Inspection of S.No.s Hissa No.field inspection, Inspection
of crops (V.F.No. 7x12) for
Inspection of crops :
Right of possession :
Tenancy right.
Boundary Marks :
Other inspection and work of raising cases from it.
11. Land revenue :
Education cess :
Tagavi :
To lake light/ strict steps for other recovery
 89

12. Work of rewriting of : At every ten years by rotation

7/2 and certification. at all villages of taluka.
13. Work of finding out new cases of encroachment during
tour.

6. Case work (relating to Revenue Department)

1. Section 37 (2) of L.R.C.

2. Section 61 of L.R.C.
3. Section 5 of Mamlatdar court Act
4. Section-3 of Saurastra felling of trees Act
5. Rule 108 (1) of L.R. Rules 1972. (disputes entries)
6. Admission of names in water statement of V.F. No.12

7. As Mamlatdar and Agricultural Commission.

1. Work of case work under The Bombay Tenancy Act 1948.

2. Work of case work of ceiling Act
3. Work of recovery of purchase price/tagavi.

8. As Executive Magistrate.

1. Power under section 107, 109, 110 and 145 of C.R.P.C.

2. Primary inquiry of arms license for self defence/ Crop
protection.
3. Sanction for loud speaker.
4. Sanction for rally/meeting.
5. Maintaining of law and order as Executive Magistrate.
6. Work of taking dying declaration.
7. Filing inquest Panchnama.
8. Protocol.
9. Public auction on of unclaimed property.
10. Identification parade.
 90

9. Mamlatdar (recovery of government dues)

1. Recovery of land revenue of certain orders.

2. Recovery by light/ heavy steps under provision of LRC
amount due from other department.

10. Licence under Essential Commodities Act 1955 and

controlling officer.

(1) Target of Inspection (Annual)

1. Annual Inspection of Pandit Din Dayal Grahak Bhandar.

2. Inspection of licence of petrol pump : 24 licences.

3. Inspection of licences of Kerotsne : 24 licences.

(2) Issue of new licences and file case for violation of licences
as licence officer under Essential Commodities Act and
declaration of stock order 1981.

(3) Action under minor acts relating to supply.

(4) Issue permits every month to Pandit Din Dayal Grahak

Bhandar and inspection.

(5) Supply card to all persons under P.D.S.

11. Entertainment officer :

(`1) Cable connection Registration.

(2) Preparation of primary proposal for video/cinema house.

(3) Assessment of tax on all cable connection/video houses/

cinema house every year.

(4) Recovery of entertainment tax.

(5) Primary inspection of hotel/guest houses.

 91

12. Mid day meal scheme :

(1) Work with (Dy. Collector) of appointment of staff or

M.D.M. Centre.

(2) Inspection of at least 10 centres every month.

(3) Inspection of pay to sanchalak/distribution of Cheques of

advance of centre of MDM Taluka.

13. Duties of Asst. electoral regi. Officer.

(1) Revision of electoral roll as per date of qualification of 1 st

January every year.

(2) Issue of Photo I-card to all voters.

14. Duties of Asst. Electoral Officer:

(1) Duties of Asst. Electoral Officer in Legislative Assembly

Election.

(2) Work of process of election secret, just and smooth.

(3) Conduct of voting/ counting and maintenance of law and

order.

(4) Implementation of model code of conduct for election.

15. Election to local self government bodies.

(1) Election of co-operative bodies of Co. Op. Bank. Taluka

Sangh Market Yard, Cotton Gin etc. under co-operative Act

(2) Electoral roll and election of village/Taluka and Dist.

Panchayat.

16. Certificate of various Kinds.

(1) S.C.S.T. Baxi Panch, Creamylayer, E.B.C.

 92

(2) Solvency certificate, age, domicile, general resident,

resident of 3 yrs.

(3) Income, farmer, land holders, small and marginal farmer,

heirship, immovable property, character.

(4) Widow/ divorcee/ dependent, religious and linguistic

minority.

17. Work of other departments other than R.D.

(1) Social welfare and women and child department.
1. National family help scheme.
2. Scheme for destitute, old/disabled person.
3. Widow help scheme.
4. Antyodaya Yojana.
(2) Health & P.W.D.
1. Work of family welfare.
2. Indian epidemic Act 1987.
3. Abolition of polio and vaccination.
(3) Cooperation Department.
1. Election of co-operative bodies established under Co.
Op. Act
(4) Home Department.
1. As subjail supdtd. at Taluka level.
2. Maintenance of law and order at the time of religious
festivals such as, Dasera, Mohrum, Rath Yatra,
Janmastami.
3. Implementation of anti child labour Acts.
(5) Agriculture Department.
1. Agri. census, Agri. fair.
2. Economic survey of people.
 93

(6) Work to be done with co-ordination of other departments.

1. Sankalp Siddhi Yatra, World population Day, Asmita

Din.

2. Gokul Gram Yojana, Gram Sabha.

3. Conduct of exam of S.S.C. & H.S.C.B. and law and

order problem.

4. Maintenance of essential service in event of strike by

employees.

5. Work of Swachchhata Abhiyan.

6. Pension to Ex. serviceman and freedom fighters.

7. Under guardian of minor and court of wards Act

8. Allotment of agency under Narmada Shrinidhi,

Small Saving Scheme and achieve target.

9. Natural calamities such as flood/ flood relief, storm,

earthquake, big accidents.

10. Checking and scrutiny of primary proposal of mines,

mineral loyalty.

11. Supply of potable water to all villages of Taluka.

12. Implementation of scheme that nobodies dies of

starvation.

13. Observation of national festival.

14. Development of villages of Taluka under

discretionary grant/incentive scheme.

15. Allotment of residential plots in land committee in

consultation of Taluka Panchayat under Sardar Avas
 94

Yojana and Indira Awas Yojana to availability of

residence to persons of BPL and Shram Yogis.

16. Issues of coupens under SGRY scheme and

employment.

18. Appointment, power and duties of Prant officers.

Under section- 8 and 9 of the land Revenue Act 1879 the

Prant officer enjoys power of land revenue administration and
exercises power of sub divisional officer by virtue of his office.
The Prant officer is a coordination officer of Taluka under offices
of his central and exercises control on affairs of other offices of
the state government. Moreover, he supervises work local self
government bodies and revenue work of transferred to
Panchayats. He acts as Asst. electoral officer of Loksabha and
election officer of Vidhansabha. He also works as election
registration officer and electoral officer in election of local self
government bodies.

19. Revenue Work :

(1) The government has fixed targets. Norms for fundamental

revenue work of the prant officers which are as under :

Sr. Date of revenue work Annual target/ norm fixed.

No.
1. Days of tour 150
2. Night halt 96
3. Villge record inspection General full (Appendix. A)
Complete prant 120 per taluka – 5
Prant of one taluka 25 per taluka – 5
Prant of Two taluka 40 per taluka – 5
4. Inspection of farmer 1050
ledger.
 95

5. Inspection of record All in every four months.

(Circle officer)
6. Visit of villages All in five year in sub
division.
7. Visit to Subordinate As per schedule.
offices
8. Verification of entres of 1400 to 1450
records of rights
9. Disposal of land Two cases in every two
acquisition cases. months.
10. Inspection of settlement Upto 15 March (As per
programme)
11. Disposal through tilling of As per provisions of govt.
cultivable govt. waste Resolution/circular.
land.
12. Detection of As per rpvosion of circular
encroachment and its Reso. (Visit of one place of
removal, upkeeps and care govt. S.No. each month)
of govt. property.
13. Disposal of case. dispute
filed under various Act
Detail of cases
Appeal under L.B. Rules
08(5) case under violation
of term under L.R.C. Rule
79(1)
Case under self cultivation As per conti. Cir. RD No.
ordinary section 54 GNT-1080-J.
Inquiry Dt. 10-6-80
appeal for inquiry Revenue case/ dispute
appeal for inquiry appeal should be disposed latest in
under LRC section 203 6 months.

Case under Prevention of

fragmenton Act1947.
Revision appl. Under
section 23(2) of
Mamlatdar Court Act
 96

1906.
City survey appeal
Chapter case u/s 93 of
Bombay Prohibition Act
B.P. Act 56 (deportation)
Rent Act Section 23 (1)
CRPC 133.

20. Other important works

Sr. Detail of work Department

No.

1. As sub dvn. Magistrate. Home

2. Certificate for organization of Home

entertainment pro, arms licence,
Hotel licence.

3. Fairs, Pilgrimage, Festivals, Sports, Y. C/ & C.

Cultural affairs. Activity,

4. Assembly Election GAD

5. Election to Lok Sabha GAD

6. As electoral Regi. Officer GAD

7. S.S.C., H.S.C. Exam. Educatiuon.

8. Supervision of Muni. HD &U H.D.

9. Election to Dist. level co- Agri. & Co.Op.

operative institution.

10. Election to Dist. Panchayat, T.P. / State Election Commi.

Nagarpalika.

11. Prevention of unauthorized U & Mine.

mining.

12. Assistance to destitute, old and S. J. & Emp.

widow

13. Recovery of sales tax under F.D.

 97

professional tax Sales Tax Act

14. Taluka Co.op. Committee. GAD

15. G. Essential Commodity Act F & A.C.S.D.

16. Campaign for entry of girls in E.D.

schools.

17. Mid day meal centres. E.E.

18. Gram Sabha P & R H D.

19. Pulse Polio Vaccination H & F.W.

20. Abolition of forced labour. L & Empo.

21. In three important matters the Prant Officers have to work

intensely as under :
(1) Create new financial resources and make effective
recovery.
1. To expedite non-agriculture assessment, land revenue,
education cess, violation of term and dispose of government
waste land and thereby increase govt. receipt.
2. To increase receipt by stamp duty recovery, assessment and
increased registration.
3. Increase receipt through vigorous efforts of hotel licences,
video, cable T.V. theatre and hotel, inspection and recovery of
entertainment tax.
4. Work of minerals, to prevent illegal mining and make
efforts to increase royalty.
5. To prevent malpractice, increase receipt and tax evasion
under Sales Tax Act
 98

(2) To provide more facilities to citizens.

1. To strengthen P.D.S. active enforcement in cases of PBM
cases and ration cards. Antyodaya Yojana.
2. Solution of issues of urban areas and regulation on
administration of Municipality.
3. Implementation of schemes of Child welfare and social
security assistance to widows and destitutes and old persons.
4. To play an effective role in disposal of issues presented in
Gram Sabha and revenue activities handed over to Panchayat.
5. Trianing under E-governance, Civil Centre, issues
presented in Lok Darbar and implementation of citizens Charter
in true spirit.
(3) Efficiency in Revenue Record Management and Revenue
Inspection.
1. To perform field duty as per norm of the government.
2. Effective scrutiny of sub ordinate officers at sub divisional
level and revenue record.
3. Check work of city survey.
4. To start campaign for encroachment, recovery of
government dues, cases of violation of non-agri. land, recovery of
non-agri. assessment, disposal of record of right entries.
5. Strengthening process of tenancy, land acquisition.
6. To ensure disposal of application in time bound manner
files and applications of people.
7. To take effective steps for E-Dhara, Land Record
computerization revenue promulgation.
8. Effective implementation of disaster management and
rehabilitation.
 99

Chapter - 5

Collector- Implementation of various acts.

1. Revenue Laws :

(1) Bombay Land Revenue Code 1979 and Gujarat land revenue
rules, 1972.

(2) Bombay Tenancy and Agri. land Rules1948 and Tenancy

and Agri. land Rules 1956.

(3) Saurastra Gharkhed, Tenancy Settlement andAgri. Land

ordinance 1949.

(4) Bombay Tenancy and Agri. land Act

(5) Gujarat Tenancy and Agri. land Act

(6) Guj. Agri. land ceilingAct 1960.

(7) L.A. Act 1894 and amended Act 1992.

(8) Revenue Account Manual (including Dist. Taluka/Villages)

(9) Guardian of minor and wards Act and Hindu Inheritance Act
1956.

(10) Bombay Prevention of fragmentation and consolidation of

Holdings Act1947.

(11) Vada Manual 1968.

(12) Mamlatar Act,1906.

(13) Saurastra felling of trees Act1957.

(14) Limitation Act, 1951.

(15) Treasure Trove Act 1878

2. Magisterial Acts.

(1) Criminal Procedure Code 1973.

 100

(2) Arms Act 1959 and rules the under 1962.

(3) I.P.C. 1960.

(4) Bombay Police Act, 1951.

(5) Indian EvidenceAct, 1872.

(6) Civil Procedure Code 1908.

(7) Poison Act 1919 and Rules 1963.

(8) Gujarat prevention of anti social activities Act, 1985.

(9) Gujarat Prison (visitors) Rules 1974.

(10) Explosives Act 1884 and Rules 1974.

(11) National Security Act, 1988.

(12) Passport Act 1967

(13) Bombay habitual offenders Act, 1959.

(14) Gujarat Police Manual1975.

(15) Explosive substance Act, 1908.

(16) The official secret Act, 1923.

(17) Act for administration of oath 1969.

(18) Prevention of atrocity against SC ST Act1989 and rules

there under 1996.

(19) The Bombay (Hotel and Lodging house) rent control Act,
1917.

(20) The motor vehicles Act, 1988.

3. Recovery Acts.

(1) Guj. Entertainment Act, 1977

(2) Luxury Tax Act, 1977.

 101

(3) Bombay Cinema (regulation) Act, 1956.

(4) Bombay Stamp Act, 1958.

(5) Guj. Mines and Minerals Act, 1952.

(6) Village abolition of indebtedness Act, 1976.

(7) Indian Registration Act, 1908.

(8) Cinematography Act.

(9) Securization and reconstruction of financial assets and

enforcement of securities interest Act, 2002.

4. Public Distribution System Acts.

(1) Essential Commodities Act,1955.

(2) Essential Commercial and stock declaration order 1981.

(3) Petroleum and Gas Rules 2001.

(4) Petroleum Act, 1934.

5. Urban Development Acts.

(1) Municipality Act,1963.

(2) The Gujarat T.P. & Urban Devel. Act with rules 1976.

6. Election Acts.,

(1) Representation of people Act 1950.

(2) Representation of people Act1951.

(3) Delimitation Act, 1972.

(4) Registration of voters Rules 1960.

(5) Election Conduct Rules 1961.

7. Other Acts.

(1) Gujarat Panchayat Act, 1993.

 102

(2) Water Pollution (Control and Prevention Act.)1974.

(3) Cooperative Act 1961 (the co.op. Act.)

(4) Scarcity Manual.

(5) Disaster Management Act, 2003.

(6) Indian Epidemic Act, 1987.

(7) Indian Forest Act.

(8) Prevention of child labour Act.

(9) Prevention of forced labour Act.

(10) Indian Electricity Act, 1951.

(11) Right to Information Act, 2005.

(12) Copy Right Act, 1951.

(13) Merchant Shipping Rules 1974.

(14) Press and Book Registration Act, 1967.

(15) Indian Telegraphic Act, 1995.

(16) Arbitration and Conciliation Act, 1946.

 103

Chapter-6

Collector- Coordination with other govt. Departments.

Sr. Work Department

No.

1. Law and order as dist. Magistrate. Home

2. Arms licence, PASA, NASA, Jail Home

explosive licence, entertainment
programme.

3. Fairs, pilgrimage, festivals, cultural Youth Services, Agri.

programmes.

4. Election to Loksabha, Vidhansabha Election Dvn. GAD.

5. Election to Municipality/ Corporation. Urban Development.

6. Gram/ Taluka / Dist. Panchayat Election. State Election

Commission.

7. Election of Co-operative institutions. Co-operation

8. SSC, HSC Board Exam & UPSC/GPSC Education, D.O. P.T.

Exam. & G.P.S.C.

9. Gujarat Municipality Act 1963. Urban Development.

10 Permit for Mines, Minerals recovery of Industrie and Mines.

royalty.

11. Appeals for assistance of destitute and S. Justice and

old persons. empowerment.

12. Dist. Co-ordination ;Committee/ Dist. GAD

Planning Board.

13. Essential Commodities ct. 1955. F&C&D

14. Girls Education and Mid day Meal. E.D.

15. Gram Sabha, Tirth Gram, Panchvati, Panchayat.

Audit Para.

16. Work of Committees of Rural Develop. Rural Development.

 104

17. Pulse Polio Vaccination, Family Welfare H & F.W.D.

Work.

18. Child Labour, Safety of factories labour L & Employment.

welfare.

19. Agri. Insurance damage to agri. work of Agri.

NABARD.

20. Transport Committee. Transport.

21. Water and Village Sanitary Committee. Water Supply.

22. Vigilance Committees for S.C., S.T. Spl. S.J. & Emp. & T.D.D.
Component Plan.

23. Appointment of govt. pleader Legal

 105

Chapter-7

Collector and Committees under Chairmanship of District

Magistrate.
The collector is an administrative head at District level. Various
schemes and programmes are implemented as per the policy of the state
government by various offices of district level of other departments of
the state government. In order to ensure that whether the schemes and
programmes are properly implemented, they are checked and supervised
properly, the targets (physical and financial) allotted under scheme are
achieved proper coordination of district collector and district magistrate
by various departments of government. Various committees are
constituted under chairmanship of Dist. Collector and Dist. Magistrate.
Its member secretary is head of office of District of respective dept. Its
meetings are held monthly, quarterly, half yearly and annually. These
meetings are convened for more times as required. The details of these
important committees are as under :

Various Committees under chairmanship of the district collector.

Sr. Name of Committee Member Secretary

No.

1. Dist. Civil Supplies and Consumer Dist. Supply Officer.

Protection Advisory Committee.

2. Dist. Police Advisory Committee. Dy. Police Officer,

Headquater.

3. Spl. Prison advisory board. Suptd. Spl. Prison.

4. Prison Visitor board prison Supdt. Spl. Prison.

5. Dist. Soldiers Welfare Committee Dist. Soldier Welf.

Officer.
 106

6. Bajpainagar Vikas Yojana Dist. Planning Officer.

7. Dist. Urban Develop. Agency (GUDA) Dist. Planning Officer.

8. Dist. Vigilance Committee Labur Officer of Govt.

(Rural)

9. Dist. Environment Committee & Site Dy. Com. Of foredst

selection Committee for disposal of (Extn.)
hazardous weste.

10 Dist. Executive Committee (for Dist. Social defence

implement of Disability Act 1995) officer

11. Hospital advisory Committee Residential Medical

Officer Class-I

12. Local Committee for organization of Dist. Sports Officer.

Navratrigarba ras competition of Dist.
level

13. Dist. Crisis Group Asst. Director,

Industrial Safety and
heatlh.

14. Dist. Tourism Development Committee Dist.Manager, Guj.

Tourism Corp. Ltd.

15. Vigilance Committee under (Prevention Dist. Backward class

of atrocity) for ST. Act 1989 and rules welfare officer
1995.

16. Dist. level advisory committee for Govt. labour officer.

implementation of agri. minimum wages (Agri.)
Act

17. Spl. Plan implementation Committee for Social Welfare officer

SCBC or developing castes. (Developing Caste)

18. Committee for review of implementation Social Welfare Officer

of 15 pt. programme of P.M. for welfare (Developing Castes)
of minority.

19. Child Welfare Committee Dist. Social defence

Officer.
 107

20. Dist.Colony allotment Committee. Dist.Social defence

Officer.

21. Dist. Colony allotment Committee. E.E. R & B (State)

Dept.

22. Committee for employing physically Dist. Employ. officer

handicapped persons.

23. Dist. Planning Board. Jt. Dy. Chairman/

Officer.

24. Dist. Executive Committee (Planning) Jt. Dy. Chairman/

Officer.

25. Constitution of District level Committee General Manager,

for reviewof welfare activities of salt Dist. Ind. Centre.
workers in salt units.

26. Single window Industrial follow up General Manager,

(Swift) Dist. Ind. Centre.

27. Dist. Industrial Executive Committee General Manager,

Dist. Ind. Centre.

28. Spl. Component Plan. Dist. Welfare Officer.

29. Dist. Health Society. Main Dist. Health

Officer.

30. Dist.Surveilance and Co-ordination Main Dist. Health

Committee for prevention of infectious Officer.
diseases.

31. Pt. Dindayal Upadhyay Antyodaya Dist. Backward class

Swachchhata Bazar Yojna (Sanitary) welfare Officer
Class-I

32. Jawahar Navodaya Vidhyalaya Principal, Jewahar

Committee. Navodaya Vidhyalaya.

33. Dist.Level Committee under National Dist. Education

Green Crops Scheme. Officer.

34. Child labour rehabilitation and Welfare Asst. Labour

fund Society. Commissioner
 108

35. Dist. Literary Committee Dy.Dist. Continuing

edu. Officer.

36. National Human Resources Develo. E.E.R. W.S. & S.

Committee. Board.

37. Dist. land Valuation Committee. Town Planner

38. Committee for allotment of land to D.D.O.

Government servant.

39. Committee for grant of land on lease for Dy. Dir. Fisheries.
fishery.

40. Committee for disposed of govt. land Resi.Dy.Collector

through public auction.

41. Committee for grant of land for prawn Dir. Fisheries

rearing centre.

42. Dist. Prohibition Committee. Dist. Prohibition &

Excise Officer.

43. Taskforce Committee for abolition of Asst. Labour Officer.

child labour.

44. Dist. level Committee for social forestry. Dy. Com.of forests.

45. Dist. level Committee for prevention of Dist. Social Defence

violence women. officer.

46. Dist. vigilant Committee. Pot. Or Dy. Supt. Of

Police ACB.

47. Dist. water and sanitation committee. E. Engr. Public Health

R&&B

48. Dist. Level Banker‟s Committee. Lead Bank Officer.

49. Dist. level pulse polio steering Chief Dist. Health

committee. Officer.

50. S.C. Spl. Scheme. Dist. Backward class

welfare officer.

51. Tribal Area Sub Plan. Project administration

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52. Dist. Patients welfare officer. Civil Surgen.

53. Dist.level school admission committee. Dist. Pri.Edu.Officer.

54. Reliance Rural Devel. Trust. Dir.Dist. Rural devel.

Agency.

55. Dist. Akshay Urja Committee Dist. Develop. Officer.

56. Dist. level Tirth Gram Pasandgi Samiti. Dist.Develop. Officer.

57. Dist. level Panchayati Yojana Pasandgi Dist. Develop. Officer.

Samiti.

58. Law and order Committee. Dist. Police Officer.

59. Dist. Library Committee. Dist. Librarian.

60. Dist. Coordination and Complaint Resi. Dy. Collector.

Committee.

61. Dist. Kanya Shala Praveshotsav Samiti. Dist. Pri. Edu. Officer.

62. Committee to prevent adulteration of Dist. Supply Officer.

petroleum products.

63. S.C. Dist. Vigilance Committee. Vigilance Officer

(S.T.)

64. Dist.Exam Committee, Dist. Education

Officer.

65. Eco Club implementation and Valuation Dist. Education

Committee. Officer.

66. House assistance implementation Dist. Welfare Officer

committee under Ambedkar Avas Sahay (B.C.)
Yojana.

67. Committee for resolutionof issues of Resident Dy.

Guj. State non residential Indians. Collector.

68. Dist. Sports Council Dist. Sports Officer.

69. Monitoring and review committee for Dy. Collector

mid day meal at Dist. level. M. D. Meal
 110

70. Dist. advisory committee Resi.Dy. Collector.

71. Dist. Record Survey Committee Head of office of Dist.

Record.

72. Committee for solution of issues of Dist. Resi. Dy. Collector.

Sevadal soldiers and its family.

73. Dist. level state cash dole committee. G.M. Dist. Indu.
Centre.

74. Dist. level committee under section Electric Inspector.

166(5) of the Electricity Act2003.

75. Dist. Employment Committee. Employment Officer.

76. Dist. Blindness Control Society. Ophthalmologist

General Hospital

77. Forced Labour abolition Committee. Govt. Labour Officer.

78. Advisory Committee for child marriage Dist. Social Defence

prevention Act Officer.

79. Committee for safety of sweepers and its Dist. Social Welfare
monitoring and its training. Officer.
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Chapter-8

Work of Collector 4 - Priorities

Sr. Revenue work Law and order Public Financial

No. Distribution Source
election
1 2 3 4 5
1. Tour/night halt/ Law and order Public Recovery of
record distribution revenue tax as
inspection. system. in municipality
areas.
2. Case disposal Arms Act Kerosene Recovery of
Licence entertainment
tax
3. Disposal of Bombay Police Rice mill Alien recovery
cases and Act licence
appeals
4. Settlement G.P.C. Essential Issue of
record commodities recovery
promulgation Act certificates.
5. Encroachment Licence for P.B.M. Act Recovery of
explosives non-agri. tax
and spl. Cess
6. Gram IPC Dindayal Recovery of
Panchayataudit grahak Bandar audit paras.
para Parvana.
Election
7. Inspection of Cinema Act and Gram/ Taluka/ Recovery
subordinate rules. Dist. under court
reve. officer. Panchayat. decree.
8. Inspection of Video licences Municipality Recovery of
otheroffices Co.Op. mineral tax &
Royalty.
9. - PASA/ NASA Vidhansabha, Recovery of
Loksabha Sales Tax.
 112

Important points for above priorities :

1. Updation of revenue records, maintenance and increase

effectiveness of revenue work.

(1) The Collector should tour/make night halt as per prescribed

norms every month.

(2) Dispose pending applications, classify cases properly and

dispose by time bound manner programme.

(3) Disposal of pending entries in record of rights under E-

Dhara, arrange for timely availability of 7/12 copies to
farmers.

(4) To complete E-Dhara record promulgation accurately and

in time limit.

(5) To launch campaign for removal of encroachment and

effective recovery of govt. dues.

(6) Periodical inspection of subordinate revenue officers.

(7) E-Dhara training to E-Dhara Dy. Mamlatdars and Spl.

Revenue Training to revenue personnel/ officers and
training of computer skills. – CCC and CCC+

(8) Paying of enough attention to service matters of personnel/

officers.

(9) Effective planning of disaster management &

rehabilitation.

2. Civil amenities/ law order problem/ Election.

(1) Intensify P.D.S. and for it conduct frequent surprise

checking, abolition of ghost cards.
 113

(2) Cases of PBM, cases under Essential Commodities

Act1955, surprise checking of kerosene licences,
prevention of adulteration in essential commodities.

(3) Carryout review for effective implementation of schemes

of social security, widow assistance, aid to destitute and old
persons.

(4) Important issues of citizens of urban areas such as clean

drinking water, sanitation and traffic control.

(5) To pay attention to solution of issues of people of urban

area.

(6) Intensify services being provided by civil centre, arrange

for prior and sufficient training to district employees under
E-governance, disposal of cases of public grievances in
time bound manner. Review of cases being disposed on
time applications under citizen‟s charter.

(7) Coordination with district police administration for

maintenance of law and order.

(8) To ensure that elections to the L.S.V. Sabha and local self
govt. bodies are conducted impartially, freely and
judiciously.

3. Financial resources :

To accord priority to recovery of govt. dues.

(1) Recovery of land revenue in review meeting of

Revenue officer, recovery of education cess, revenue
recovery certificate and other recoveries.
 114

(2) Preventive action for encroachment on govt. land in

urban areas and if it is encroached it should be
restored.

(3) To intensify recovery of cess on land of urban areas

and city survey areas.

(4) To pay attention to recovery of entertainment tax

Besides this, rivew of surprise check of Hotel
licences, video licences, Cable T.V. Cinema houses.

(5) Receipt of registration fee through registration of

documents, take strict action for recovery of stamp
duty.

(6) To make effective inspection of village record for

recovery of non-agricultural assessment.

(7) Make list of survey Nos. having minerals in the

district and prevent illegal digging and review
periodically for prevention of its repetition. Review
recovery of royaltyevery month.

(8) Compliance of audit para for recovery in which

issues of recovery are raised in audit paras of Gram
Panchayats.

(9) Alien recovery has sometimes hidden govt. receipts

for which a set up should be created.
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Chapter -9
Village Land Records

District, Taluka and Village are significant units for land revenue
management and therefore, it is necessary to maintain revenue records at
all the three levels. With a view to maintaining accounts relating to land,
honourable F.G.H. Anderson had first of all prepared village forms in
1914 and thereafter in 1929 prepared manual of village accounts
including forms of Taluka/ District Accordingly, he has prepared 18
forms of village, 33 forms of Taluka and 6 Forms of district, which we
are being used to day in management of land revenue. Effort is made to
give explanation about that as under :

The land revenue law commenced with regulation No. 17 of 1827

and this regulation was framed for safeguarding the rights of the state
and persons and principles of assessment laid down and for recovery of
assessment. In this regulation, primary responsibility of payment of land
revenue was imposed on the land holder and in that way, the Raiyatwari
system of revenue commenced with this regulation. After this regulation
amendments were gradually made and lately codifying all laws and
regulation the existing Land Revenue code, 1879 was enacted and
accordingly, the implementation of this law commenced and
responsibility of payment of land revenue was imposed on land holder.
Thereafter, the Gujarat Land Revenue Rules, 1972 were issued under
this law and made applicable to whole of Gujarat State.

Land and its administration are on forefront in the economy of the

state. Account should be maintained in prescribed form for effective
management of land out of total land with us how much land is
cultivable, how much is not cultivable, how much is under cultivation,
of this how much land is of dry farming, horticultural or kyari land, can
 116

be known from the account maintained. Owing to other work in due

course we have been deficient in maintaining civil accounts of village
systematically. It seems felt need to day to focus more attention on
village land record. We have got ready form of accounts only we have to
exercise supervision and maintenance. As it is inevitable to reiterate
certain matters regarding village record, it is placed for your attention.

Village Land Record :

F.G.H. Anderson had published “Manual of Revenue Accounts”

preparing 18 types of village forms containing land of villages, its
assessment, tenure, survey number, area, assessment of agriculture,
yield of agricultural land, proceeds other than agriculture, miscellaneous
land revenue, mutations as per record of rights of land about right on
land, details of crop, receipt being for recovery of assessment, detail of
challan regarding crediting the amount recovered, detail of crop,
Tulwari Patrak, register of birth-death, register of income-outgoing to be
maintained by the Talati, file of circulars etc. preparing village record
forms and maintaining them, annual report to be sent by Talati,
inspection of village form by the competent officer. According to this,
preparing revenue records of village level as per 18 forms and
maintaining the same is the primary responsibility of Talati. And in
order that this revenue record is maintained and preserved properly,
inspection by Circle Officer, Mamlatdar, Prant Officer and Collector
during visit of the village is an important matter, and for such inspection
village record forms (Appendix-A) for “General record inspection” and
complete inspection are prepared. Appendix-A is such in the same
manner 18 forms of village may be scrutinized. The collector has to
issue programme during beginning of every revenue year for inspection
of such village land record and as per target fixed for the Mamlatdar by
 117

the government, 10 of Appendix-A and general record inspection of all

records has to be carried out.

Village form No. 1 (Akarbandh)

Form No. 1, which is also called Akarbandh. It is the base of all

accounts of land revenue; therefore, its importance is for adjustment of
area of land and adjustment of yield. This form is provided to the village
after revision settlement, in which information of survey number wise
land and assessment and tenure is shown and correction is made as per
changes and in this way maintained permanently. In this form, rate is
shown on top of form for every class of land and survey number wise
tenure of land, area, assessment, rights of passage and easement are
shown class wise details of dry, kyari, horticultural lands, which trees
are reserved etc. are shown. The abstract of this Form is prepared on
completion of revenue year and it is very much important. Details of all
types of areas and assessment are available from that change is made in
Akarbandh as per Kami-Jasti Patrak and this form is maintained at
District level in the office of the Land Inspector, Land Records, and
copying the same Talati maintains in village record. Abstract of this
form is very much important. This abstract should be written newly in a
year in which any change is made. This abstract is a base of Tharav
Bandh (V.F. No.V).

N.B.: The following instructions are issued in co-ordinated Resolution,

Revenue Department No. NSHJ-102003-2600-J, dated 18-12-2004, they
should be observed strictly.

As laid down in the „Revenue Accounts Manual” under the head

of abstract of village form No.1, areas and assessment of land are
shown, however, following method of classification of land should be
incorporated in village form No.1
 118

The classification of land as per type of right on land should be

mentioned in column (2) of village form No. 1.

(A) „Old tenure‟ under this land, lands under Raiyatwari type under
section 63 of the Land Revenue Code and the lands for which the
possessor has right to sell and make partition, should be
considered.

(B) “New tenure” the land which is restricted under section 73 A of

Land Revenue Code.

1. Restricted lands under section 73 A of the Land

Revenue Code.

2. The land with right of possession of the type of

restricted right under section 43 of the Tenancy Act and
under other section.

3. Land of restricted possession right under various land

reforms Acts.

(C) Devsthan Inami Lands.

(D) Types of lands not falling in (1) to (3) above should be written
clearly.

As mentioned above, classification should be shown in village

form No.1 and abstract of that should be drawn as shown in the said
village form and when the Revenue Officer goes in four to village,
entries therein should be examined along with mutations in Pahani
Patrak and actions be taken, if any act is contrary to any tenure or right
of records. As regards this, the collector should give necessary
understanding to the Deputy Mamlatdar, Circle officer and Talatis and if
any Talati, while to riyeubf finds any violation of condition country to
law , he should report to the higher officer and the higher officer should
take necessary action about that.
 119

Preparing village form No.1, determine assessment and correction.

This is the basic form of revenue accounts and it is prepared by

the Survey Department when settlement is made at village. This form
remains under implementation upto 30 years that means till the time of
settlement. The assessment which is shown in this form is that fixed at
the time of settlement.

It is likely that this form may be corrected from time to time.

Correction maybe considered due to washing away the land, or due to
re-measurement or area is changed due to such other reasons. When land
is given for public work or taken back from public work all the entries
are made as correction. Correction becomes necessary in the following
occasions.

(1) Agricultural land is converted in to non-agricultural.

(2) Rent from government waste land.

(3) Rent from government waste land.

(4) Land becomes less due to washing away.

(5) Due to assignment of land for public purpose.

(6) Cancellation of assignment made for public purpose.

(7) Because of change in areas under section 7A and the boundary

of village is changed or two villages are amalgamated in such
occasion.

(8) Survey numbers are consolidated.

(9) Ten are is change means Inami land is resumed.

(10) Twon planning scheme is finalized.

(11) Land is consolidated.

(12) Due to clerical mistake, recorded area of land is changed.

 120

(13) Akar Jod Patrak may come.

Thus for correction of items 1 to 9, the Revenue

Department makes report to survey Department and correction is
made accordingly. As regards item 10 report comes from the
consulting surveyor and for11 to 13 report comes from the land
Records Department. Survey Correction Kami Jasti Patrakis carried
out as per report from the Land Revenue. When change taluka place
in the area or assessment Kami Jasti Patrak as per prepared and sent.
With regard to change in tenure, Kami Jasti Patrak or Information
statement are not sent, but correction is made in record and if change
is to be made in abstract, Intekhab is sent and got-made. This form is
related to Talaluka Form No. 80-A, 8-B and District form No.1 and
2.

Village Form No. 1-A Forest Register :

This form has to be maintained wherein more than five

survey numbers are assigned for forest. Where less than 5 survey
numbers are assigned for forest, details there of are given in village
form No. 1, in column No. 21 only forest is to be shown as protected
forest, reserved forest or forest being administered by the Revenue
Department etc. Whatever class it has to be shown land entered in or
deleted from is related to Taluka form No. 8-A and Taluka form No.
8-B and the District Form No. 1/2.

Village form No. 21 statement of other permanent yield.

This form has to be maintained in three parts for showing

other special yield other than agriculture.

(1) Lands not entered into survey numbers such as village site,
road and such other land not covered under total area shown in G.F.
No.1.
 121

(2) The land which is out original survey number (Even if it is

pot Kharab), but and at present as per section 48 of the Land
Revenue code and Rule 81 of the Land Revenue Rules converted into
non-agriculture recovering non-agricultural assessment is entered. In
this part plot wise all details have to be entered.

(3) The land which is assessed or non-assessed, is granted for

agricultural practice or fruit bearing tree or rearing Babul tree,
without ownership right, with special terms and conditions, on
separate rate, as free with particular condition, land given on lease
under special conditions and land given revenue free is recovered.
On reviewing, it can be known that the land is put to use for the
purpose for which it was granted.

Thus the village form No. 1 shows the yield of agricultural produce,
in the same manner village form No. 2, is useful for yield other than
agriculture and other special yield from non agricultural land is
shown in this from.

There are three parts of this form, Part-I, in this part the land out of
village site and out of lands not entered in survey number for
expansion of raised platform, when given for house are entered.

Part-II, in this part, lands which are given for non-agricultural use out
of survey number and on which rent or assessment is to be recovered,
they are entered in this part. Land granted for less rate is entered in
this part.

Part-III, Lands entered for agricultural practice with special terms

and conditions are entered. In this, special lands to be reclaimed or
lands given for cultivation with less assessment.
 122

In this form, the lands which are entered, should be given on lease
for five years or more period. If lease is less than five years, the yield
of such land should be taken in form No. 4 as miscellaneous yield.

From this form it can be easily known as to when the period of lease
expires. So that lease can be got renewed in time when the lease
period expires or possession of land can be taken. Details of this
form are also taken in Tharav bandh, the scrutiny of observance of
conditions of the lease becomes easy by this form.

In order to enter this fact in village form No.1 and village form No. 5
abstract of this form has to be drawn every year.

Village form No. 3 (Statement of Inami land)

(1) Full amount of particular part of the revenue of the survey number
shown as Inam in the village form No. 1 was given to the respective
Inamdar. Now Inams are abolishd last law the Devsthan Inam
Abolition Act was passed in 1969, that means no such Inami lands
have remained between the government and land holders.

(2) Inams were of seven types (1) Saranjam and political Inam (for
military service), (2) Jat Inam (3) Devsthan Inam, (4) Watan Inam
permanent (non servant), (5) Watan Inam (hereditary), Non-servant
of pargana Watandar Servant, (6) Village servant (a) Raiyat useful
(b) Government useful (Chakariyat) Revenue. 1. hereditary. (7)
Miscellaneous work other than agricultural, for other public work.

(3) The use for which land was granted ceased or put to other
use without permission, the exemption of that land is cancelled,
liable for full assessment.

(4) When the land is granted for pubic or charitable use, for use
of agriculture or for use other than agriculture, subject to recover full
 123

or reduced assessment that is to be shown as Inam of class – VII.

(Rule-32).

(5) There were mainly two types of occupations in Saurashtra,

in Girasdari and Barkhali Girasdari, as Talukadars, Bhagdars and
Mul Girasiya had occupation ownership right, they used to enjoy
yield of villages, Barkhali includes Inamdar, endowment holder of
former government, Jivaidar, Kherati Inam holder, Chakariyat and
Pasaytas. Barkhalidars have no ownership right on land, they were
only entitled for use. In Junagadh, Rajkot, Bhavnagar etc. various
states there were different account systems of this occupation and
Inam and on merger of this state in 1848 and as per the Saurashtra
Land Reforms Act, 1951 and as per other land reforms laws class of
Girasdars and Barkhalidars has been abolished.

(6) In Kutch there were types of occupation and Inam like

Girasdari, Melthiras, Bhayati, Chakariya, Danodi, Dharmada
Kherati, ;Kami Pasa, Varduka. In this occupation or Inama, whole
village, Particular part of village, whole or part of land got with
revenue free and whole or part exemption of land revenue. In 1958,
on coming in to force, the Kutch Inam Abolition Act the occupation
Inam ended, except Devsthan Inami and subsequently in 1969,
Devsthan Abolition Act they are also ended.

(7) In whole of the state, section 38 of the Land Revenue code

and land revenue exemption (class-7) remain. Thus in respect of
class-7, it should be seen that whether the conditions of endowment
are observed property or not. It is the duty of the Talati to report
about the breach of such condition. On abolition of various Inams
and on regranting land on new tenure recovering necessary
assessment, now Inami lands are not existing. This form is preserved
permanently only for record.
 124

This form relates to Taluka Form No. 8-A and 8-B and District form
No. ½ and Taluka form Nos. 2 and 3.

Village form No. 4(miscellaneous land revenue statement).

Revenue being received is of two types under Land Revenue code

and rules.

(A) Permanent revenue, in which permanent assessment on

agricultural land under possession and fixed assessment on non-
agricultural land.

(B) Rotating miscellaneous revenue, which is regarding land

given for less than five years. Miscellaneous revenue is not fixed
income, it cannot be decided in advance as to how much that will
come every day.

As regards such revenue (1) Yield of waste land given

mainly for cultivation assessing for the period less than five years,
(2) Yield of land cultivated by order on non-assessed land, (3)
Amount of occupancy right of the land given for agriculture (4)
Yield from grass organising (5) Water tax occasionally to be
credited to land revenue. (7) One forth penalty to be imposed as per
section 148, (8) Notice fee (9) Fee fixed for giving information as per
chapter in record of right. (10) As per section 61 assessment for
sowing without permission and amount of sale if crop is attached.
This yield is entered in three way in the village form No. 5(1) from
the report of Talati or other village employee for such yield. (2) from
application of the applicant. (3) From orders arrived at Taluka. Talati
has to fill the form for such rotating yield and filling necessary
details, it is to be sent to Taluka and the same is entered in form No.
4 of Taluka. This form is connected with Taluka form No. 8-B and
District form No.2.
 125

Village Form No. 5 (Tharav bandh)

This form is called Tharav bandh. Permanent and rotating

both types of overall fact of demand of land revenue is shown in this
form. Moreover, in which as area and assessment are shown, reasons
of charge in permanent yield are shown in this form. When change is
made in respect of permanent yield, inquiry has to be made and
inquiry of all aspects have to b made in rotating yield. There will be
less and more in rotating yield. But when there is a major change or
difference, reason should be shown. Details of village form No.s 1,2,
3 and 4 come in this Tharav bandh. And there is a Tola Patrak No.
11, in which showing details of every survey number and possessor
wise due and details of recovery, V.F. No. 5 is tallied. That means in
V.F. No. 5 total of the whole area and whole yield is shown and in
village form No. 11 it is shown as per irrigation. It can be known by
holding wise explanation that any yield remains to be posted or
recovered, because V.F. No.5 and 11 should tally in all respects. This
form is connected with Taluka form No. 8-A, 8-B, 9-A, 19-B and
District Form Nos. 1 and 2.

Village Form No. 6 (Record of Rights)

Record of Rights is a statement of right of land holders, in

which changes of the lands being held by him are recorded. Record
of Rights is an important component of Raitwari revenue system, in
government record it is record of important proof evidence, for
which detailed explanation is given in chapter -X (A) of the Land
Revenue code, 1879 and chapter-15 of the Land Revenue Rules,
1972. In this form heirship, distribution in family, purchase by
 126

absolute sale document, encumbrance, free from encumbrance and

orders made in respect of land etc. are entered, notice is served to
interested persons as per section 135-D of the Land Revenue Code,
on maturity, the decision to approve/ disapprove is taken by the
competent officer.

Instructions have been issued under co-ordinated

Resolution, Revenue Department, No. HKP-100203-2727-J dated 1-
12-2003 for keeping record of rights upto date. Village Form No. 6
was remaining with the Talati and maintaining. But now the system
of computerisation of land record in Taluka came under
implementation. E-Dhara centres have been opened in every office of
the Taluka Mamlatar, in which the Dy. Mamlatdar E-Dhara is
appointed, therefore earlier village form No. 6 are taken to the office
of the Mamlatdar from the Talati and since the implementation of
this system in Taluka, different types of application forms are
maintained from taking entry from E-Dhara centre. Accordingly on
receipt of application, the same is crutinized, action is taken. Now,
the government has issued instruction to send notice of 135-D from
E-Dhara Centre to the parties by U.P.C. making entry in Form No. 6
the same is to be implemented. Thereafter, the competent officer
such as Mamlatdar, Deputy Mamlatdar (Revenue) Circle Officer etc.
approves/ disapprove the entry. Appeals against this decision comes
before the Prant Officer (Details about V.F.No. 6 are given the
chapter of Land Record Computerisation)

Dispute Register :

When any body raises dispute regarding any thing other

than dispute of heriship right by Talati or any private persons with
regard to any change, that entry is made in dispute register for
disposal. Disputes of heirship is disposed of in heirship register. Its
 127

entry is not made in this register. There are only 6 columns in this
register, in which first column is serial number of entry of dispute
register second column is the village form No. 6, in third column,
survey for which there is dispute, in forth column the area, in fifth
column the date of raising dispute, in 6th column detail of dispute
with name and in seven column order of Mamlatdar or Prant, these
are the columns in this register. The complaint taken by Talati is also
recorded in this form. Under Tenancy Act, the disposable dispute
about status of tenant is not to be entered in this because the same is
to be disposed of under section 70 of the Tenancy Act.

Village Form No. 7(12) (Pahani Patrak)

Form No. 7/12 which is called joint form 7/12, which

includes Pahani Patrak (COP). Before the joint form was made, one
separate register was maintained for writing Pahani Patrak, instead of
that form No.12 is given blow form No. 7. Matter of 7A is included
in Form 12. This form is a 12 Pahani Patrak or COP register and on
inspection on the site as to which crops are sown in the land of
survey number and in which area and who sowed and how sowed
those details are recorded. In this waste, mixed crop, tree, irrigated
crop, source of irrigation, fruit bearing trees etc, are included.

Above part of 7/12 is of index of form No. 6, whereas the

part below is of a form of crop register giving figure of sowing,
waste and crop. Now, register for form No. 12 is written as Pan
survey number and serial number of Hissa. Thus, this combined
Form is as 7/12 Pahani Patrak. Pahani means inspection, when
Mamlatdar goes to inspect Pahani Patrak, he takes with him this
statement of loose pages, with the number of direction which he
selects for inspection, which are bound in paper board and inspects
on site the details of crop on field, details of area, detail of possessor,
 128

method of cultivation, Talati has also to take entry of crop, sowing

inform to the site. And the Mamlatdar and Prant Officer have to take
Nimtano of entries at the site of this Pahani Patrak when Talati goes
to make Pahani Patrak he should declare earlier and should suggest
that agriculturists remain present and should make all entries on the
site. In which circumstances, grass, crop are entered that is also kept
in mind regarding this form. The Talati should find out sowing of pot
Kharab, unauthorised sowing in waste land number, while be goes
for Pahani Patrak. He has to specifically see that what is sown in
total area of every survey number and which part is waste, no part is
left out without entering.

The District Development officer has, at the time of field

inspection, to inspect 1 village of every Taluka and maximum 20
villages Prant Officer has to inspect five villages of every Taluka,
Taluka Development Officer has to inspect 25 villages under his
charge, No. 7/12 in different direction and about ten survey numbers
situated away from the village and they have to inspect as to whether
true entries of crop, sowing, area, method of ploughing have to be
made truely as per place. And he has to make note, with signature
and date on last page of 7/12 as to which number be inspected. Thus,
inspection of 7/12 is an important matter of field test.

Entries of tenancy are important in record of right and it is

important as to who cultivates and how cultivates the land.
Moreover, even if the land is kept constantly waste, as per tenancy
law, lands have to be taken under government administration,
therefore, Pahani Pastrak is very much important.

Mode of cultivation is entered in the following manner.

(1) The main possessor cultivates himself; some time with hired
labourers (mode-1) No.1 should be written or mode-1, with
 129

members of family should be written, if cultivates with hired

labourers, word “labour” should be written.

(1-A) Possessor himself cultivates or cultivates with members of his

family (Model-1)

(2) Possessor or his agent cultivates all and with labourer and he
always exercises supervision (Mode-1).

(3) If cultivation is carried out by other than this mode, he is

considered tenant (Mode-3).

Village Form No. 8 A- Khatavahi of land holding (Khata) of

cultivators.

This form is a Khatavahi of land, in which the name, holding

number of the person who holds land, total survey numbers of
holding its area and assessment are shown. This form is connected
with village form No. 6 and 7/12. Change has to be made according
to the entries made in village form No. 6. Details as to how much
land the holder holds can be obtained from this form.

Land Revenue code is amended with effect from 16-12-1986

sections 135-LL to section 135-T and Land Revenue Ruls are
amended and chapter- 15 is added, Rules 113 A to 113 K are added,
chapter of Khedut pass book and Khedut Khatavahi was addled,
chapter of Khedut Khatavahi was adeled and covered under the law.
Pass Book is to be maintained in two copies, first copy of which
remains with the cultivators and second copy remains with the
competent officer. The responsibility of maintaining cultivator‟s pass
book and to maintain the same upto date rests with the competent
officer.
 130

Village form No. 8-B Khatavahi of credit-debit.

This form required to be filled every year, all amounts due

for land holder in revenue year and all amounts recovered and the
amounts paid by landholder in earlier years, which is known as
surplus, is shown in this. In this, one last holding may be bound as
abook. The holding to be maintained last is called monopoly,
auction or Makta holding. Makta holding means yield is fixed at
village but the amount payer land holder is not fixed. Any
miscellaneous land on receipt of order of revenue, as soon as it is
entered in Form-4, entry there of is to be made in this form. In
waiving any amount, when it is to be removed or postponed on
receipt of the order, entry there of is made in this, the amount to be
recovered has to be incurred-decreased. As per Education Cess Act,
1962, it is determined that Panchayat is to keep education cess. After
the entry of education cess is made in village form No. 8-A. Talati
has to make entry in village form No. 8-C, but no change is to be
made in village form No. 8-B. This form No. 8-B will show recovery
of land revenue.

This form shows, from village form No. 8 as to how much

amount of permanent yield due and land revenue is recovered from
the land holder. Thus, this form is very important for the purpose of
recovery.

Village Form No. 9- Receipt (Day book)

This is a receipt of recovery of and revenue, at present

receipt is made in triplicate. Talati has to give first copy to the payer.
Talati has to produce in treasury with challan of Form No. 10 at the
time of paying remittance at Taluka and third copy remains with
Talati as an officer copy. It is decided to close the account every day
and the balance should be entrusted to Sarpanch and his signature
 131

should be taken on last column of the daybook. Number of receipt

given should be written in Khatavahi of village form No. 8-B and
Khata number of village form No. 8-A and 8-B should be written, so
that reference may remain against each other. For recovery, Talati
has to enter all day book available in village in prescribed stock
register. At the end of revenue year, (31st July) the daybooks which
are continued, for that permission of the Talauka Development
officer has to be sought for using in the following year.

Village Form No. 10 (Challan)

As per village form No. 9, land revenue recovered by issuing

receipt has to be remitted to Taluka. Rules for \remittance are given
in the Revenue Account Mannual. The amount of recovery of land
revenue has to be shown in ascending order from 1 st August, three
copies of this challan has to be prepared, first remittance should be
got recorded in F. no. 4 of Taluka, Talati has to pay in authorised
bank of Taluka. One copy of that challan has to be kept in treasury,
second copy in Taluka and third copy in village record with Talati.
This form has to be inspected so as to ensure that remittance is
credited regularly and no amount remains to be paid for a long period
and cases of misappropriation of government money may not happen
by the Talati. This form is connected with Taluka Form No.1.

Village Form No. 11 – Tala Patrak and Lavni Patrak.

This form is demand of land revenue and Tala Patrak of

recovery, outstanding when agricultural land and non-agricultural
land is partitioned, its land holders are changed for account, totals are
made from holding and recovery is also made on the same basis.
Total area is taken from village Form No. 1. Thus if small mistake is
committed, accounts do not tally. It is decided to make this Tala
Patrak so that any mistake may not be made. Details of land held
 132

except the land of village site other than agriculture are not be made.
Details of land held except the land of village site other than
agriculture are not be entered in this form, because it is deducted in
Tharav bandh, as a land of entire area of village site which cannot be
cultivated from this form, year wise information of outstanding,
postponed and not postponed, thus both the types of arrears is
available. In every column of this form total has to be tallied with
village form No. 5, 8-B and 9.

This form is related with Taluka form No. 4,5 and 7.

Village form No. 13, Tulwari.

In this form standing crop is posted. All crops and land

remained waste has to be totalled and has to be tallied with form
No.1. If more than one time crop is taken details thereof have to be
shown. This form is useful for crops being harvested in the relevant
area and scientific analysis of use of land and for monetary planning
this form is very useful. Crop planted for more than one time,
instrument showing type of irrigation on crop ground by irrigation
sowing of improved seeds, fruit, tree, fuel wood are shown in this
statement.

As per area of survey numbers recovered in village Form

No. 1 detail of crop has to be shown in this form, and in abstract of
village form No.1, it has to be tailed with total area. For that Tulwari,
now, computerisation of village form No. 7/12 is done. As per
software, abstract of Tulwari has to be prepared in village form No.
12.

This form relates to Taluka form No. 20

 133

Village Form No. 14 – Register of births –deaths.

Under the Act of the Government of India, registration of

birth-death has become compulsory. This form is maintained in form
14, 14A, 14B, 14C and 14D, thus in five forms.

Form – 14 – Responsibility is of Talati to maintain for entry of birth

date.

Form – 14- A This is a register of small pox. The responsibility of

maintaining this form is of health organisation.

Form – 14- B – Epidemic report is to be used when influenza, yellow

fever, small pox, cholera, plague, jaundice etc.
spread. The health department does the work of
controlling these disease.

Form – 14-C – Daily report of disease.

Form – 14- D – Report of cattle disease, when epidemic burst out in

tamed animal, this is to be sent. It is maintained by
the Animal Husbandry Department.

The Registration of Births and Deaths Act, 1969 came into

force form 1-4-70 in the state of Gujarat, under section-4 of the said
Act. Talati-Mantri of Gram Panchayat, Chief Officer for municipal
area and Range Officer for forest area are declared as local officer.
This is a form providing very much important information. Its use in
census is important. On the basis of which development plan of the
country is formulated.

On receipt of birth, death Talati has to enter in this form.

This form is very much useful for government service and for
certificate for going abroad, for admission in primary school, and this
form is very much useful for heirship of land if land holder is an
agriculturist.
 134

This form is related to Taluka Form No. 21 Village Form No. 15

Register of Village Cattle and economic condition.

This form has to be prepared every year, in which

information of cattle of village and economic condition is entered.
Entries of government and municipal cattle are made, stud-bull left
loose is also entered in that. Details of resources of village has to be
entered at proper place in this form as per orders made from time to
time. In which entries of handloom, oil mill, vapour and oil run
machines, sugar factories, wooden and iron sugarcane press for
manufacturing jaggery etc. local equipments are entered. Details of
entries of this form has to be completed by January 15 th and abstract
thereof shall be sent to the Taluka Development officer.

This form relates to Taluka form No. 22.

Village Form No. 16 – Form of water sources.

This form is prepared every two years, water sources such as

small well, tube well, step well, tank, well in survey number or
village site have to be entered. Details of water sources may become
available in famine circumstances. As a part of five year plan, many
works we reundertaken as non-plan for making water available.
Check-dam is one example. This form should be completely written
before December 31. The touring officers should check the same by
the end of April. So that its abstract can be sent to Taluka before 10th
of the month of May.

This form relates to Taluka Form No. 23.

Village Form No. 17 (Receipt – Issue Register)

This is a form for entering papers received by Talati and

those sent by Talati. And Talati has to show the details of reply given
entering on the very day the chapter/letter is received.
 135

Village Form No. 18 (File of Resolutions – Circular)

Files of Resolution – Circulars sent by the Collector/ District

Development Officer/ Prant Officer/ Mamlatdar/ Taluka
Development Officers, whatever government office should prepare
and maintain upto date verification has to made at the time of record
inspection whether this file is maintained or not.

Annual accounts to be closed by Talati

Before the end of July of every revenue year Talati-cum-

Mantri should first post, if any amount is left out to be posted in
village Form No. 8-B, Thereafter, tallying total amount of
miscellaneous land revenue with village Form No. 8-B, posted in
proper head in village Form No. 4 and total amount be entered in
Form No. 5 outstanding amount to be recovered in Form No.11,
should be tallied with Tharav in Form No. 11, should be tallied with
abstract of village form No. 10 and village form No. 9 and after
tallying, at the end of 31st July, closing all accounts of village record,
report about that has to be sent to Taluka Officer.

Taluka Form :

As regards forms to be maintained in Taluka and District

from village land record, F.G.H. Andersen has issued “Manual of
Revenue Accounts” that means “a book of civil accounts of Talukas
and Districts of Gujarat State, Forms prescribed therein should be
maintained in Taluka/ District. Total 1 to 22 forms have to be
maintained in Taluka details of which are as under :

Taluka Form No.1 :

Work of collecting village accounts is carried out at Taluka

level and this form is not of revenue but treasury, this work is done
by that this is ;annual form. In this, recovery, outstanding of previous
 136

year, permanent and rotating current year non-Tharav bandh matters,

refund matters have to be recorded. In this, details of permanent and
rotating recovery, date wise, village wise challan number, are
recorded. This form has to be maintained at Taluka Panchayat.

Taluka Form No. 2 (Permanent Register)

This is known as lease register. This is a permanent register,

and it is for recording non-agriculture or for special purpose lease
and contract. Duplicate of village form No. 2. Time lease as per
declaration, rent of which is separate for every lease. This form is
useful, for proper control on yield at Taluka level and control may
remain on accounts of Talati.

Taluka Form No. 3 (Inami Land)

This is a form of Inami land based on village form No. 3. All

Inams of Gujarat are abolished only Inams of class-7, in which land
is granted for public purpose under the Land Revenue Rules remains
now. After tallying this land and Taluka form No. 9, it is sent to
collector for writing its total in district form No. 3. This form has to
be maintained in the office of the Mamlatdar.

Taluka Form No. 4 (Recovery outstanding register)

This is annual form Demand of joint land revenue and detail

of its recovery is shown in this. In the side of demand, land revenue
outstanding of permanent and relating land, revenue postponement,
matters relating to deletion of demand and recovery are shown. This
form has to be tallied with form No. 9 and 11.This form has to be
maintained by Taluka Panchayat.

Taluka Form No. 5

This is recovery outstanding form, in which one column is

such in which amounts of demand of current year recovery or
 137

amount paid in advance for subsequent years in shown. Total of

Taluka form No. 4 and 5 is shown below the form. Total of
consolidated land revenue is available from this form. This form has
to be maintained by Taluka Panchayat.

Taluka Form No. 6 (A) and 6(B)

(1) The form is of remedies of ordinary and much strictness.

The use of this form is this that form that district form No. 6
can be filled up.

(2) Control can be exercised on miscellaneous land revenue

(Penalty, notice fee, auction cost).

Taluka Form No. 7

This form is prepared form abstract of village form No. 11.

That is a form of authorised outstanding. In that classification can be
done viz.(1) which are not recoverable.(2) doubtful and (3)
recoverable. It is prepared from abstract of village form No. 11. It
shows authorised and unauthorised outstanding of Taluka form No. 5
and unauthorised outstanding and details of all types of exemption.

Taluka form 8 and 8-B : Moje Var Tarij.

8-A is as an abstract of areas of villages, where as 8-B is an

abstract of revenue villages. This form is made as a total of village of
Taluka from total of village form No. 5. This is a annual form to be
maintained in the office of the Mamlatdar.

Taluka form No. 9

This is Final grand total of Taluka form 8. It is useful for

making explanations for all increases –decreases in area and
assessment. It is a total of 8-A and 8-B, in which increase and
decrease of assessment of area and assessment are shown.
 138

Taluka Form No.10

This is calculation form of local cess fund. Actual amount of

local cess payable to panchayat is now recovered separately. Tallying
with village form No. 11, separate accounts of land revenue and local
fund prepared on basis of village form No. 4 and 8-A have to be
maintained. It is to be maintained in Taluka Panchayat.

Taluka Form No. 11 :

This is a form of posting instalments. There are other certain

recoveries except land revenue such as amount of the matter
disposed of by auction, excise fee, contract etc. which are recovered
by instalments. It is to be maintained in Taluka Panchayat.

Taluka form No.12 :

This is a register of mutation regarding cash price. After

abolition of Inams now such cash payment does not exist with regard
to religious matter such payments are cancelled. In Saurashtra,
permanent payments in lieu of lands are continued for Devsthan.
They are to be entered in this form.

Taluka form No. 13 :

This is a form of sub-posting of village level allowance.

Taluka form No. 14 :

This is a cash book of payment of village service. Abstract

of form No. 12 has to be tallied with form No. 14. Total amount of
payment has to be remitted to the treasury at the end of every month.
This form is the account of Treasury.

Taluka form No. 15 :

 139

This is a register of payment of witnesses and prisoners. It is

a register of entry of expenditure to be incurred in criminal and
revenue court.

Taluka form No. 16 :

This is a register of receipt and expenditure of permanent

advance. Expenditure is incurred from this for contingent
expenditure. Thereafter, bill is made and recouped and credited. It is
maintained as per financial year. Amount is spent from this for
contingent expenditure of Taluka.

Taluka form No. 17 :

These are accounts of deposits remitted to the Mamlatdar,

that means it is deposit account. Taluka form No. 17-A for the
amount that may come from the parties towards allowance and
traveling expenses of witness form 17-B for the amount that may
come first as deposit for copy and search fee and form 17-C for the
unpaid amounts which have to be kept deposited. The Mamlatdar
should examine this register every month so that misappropriation
may not take place. Form No.17-D is a deposit account. Amounts of
criminal deposit and revenue deposit are maintained in this register.
Amount of penalty of pound, compensation, penalty, matters relating
to sale of unauthorised property come as criminal deposit, whereas in
revenue deposit, compensation of land acquisition, amount of earnest
money of sale of Civil Court Darkhast come in revenue deposit.

Taluka form No. 18 :

Form No. 18-A is important for knowledge of prevailing

prices of various food grains when it is found that considerable
increase or decrease has taken place in prices, Taluka Development
 140

Officer should show its reasons. In form 17-B, entries regarding

skilled labourer, ordinary labourer, and agricultural labourer, man,
women, children, agriculture wage are made. It is important for the
Minimum wage Act.

Taluka form No. 19 : (Rainfall register)

Wherever there are rain gauges, they are kept at Taluka

offices. They are maintained for four months of monsoon. This form
is maintained for some years. On making entry in this form it can be
known as to how much average of rain is there.

Taluka form No. 20 :

This form is an agricultural form. This form is prepared

from village form No. 13. Estimate of area and position of crop is
required in this. Details of irrigated crops, waste and fruit bearing
trees are collected in this. This register is maintained for 30 years. It
is useful for revision settlement.

Taluka form No. 21 :

It is prepared from village form No. 14 and 14-A, Report

regarding this has to sent to the Assistant Director of the Public
Health Department. When contagious disease starts all of suddan,
daily statement will be sent in village form No. 14-A from Sarpanch
to Taluka Development Officer. For cattle discease, Taluka Form
No. 21, is to be maintained like village form No. 14-A.

Taluka form No. 22 :

This form is for enumeration of cattle head census. This is a

five yearly form. It is like village Form No. 15. The DILR
consolidates Agricultural form-2. Reasons have to be recorded as to
which variety is decreased – increased.
 141

Taluka form No. 23 :

Ten year form of water sources, it is prepared from village

form No. 16 on sending this fact to the D.I.L.R. he will prepare
forms and it is sent as return to the Director of Agriculture.

Forms of District :

District Form No. 1 : This annual form is prepared from

Taluka Form No. 8-A and 9-A.

District Form No. 2 : This annual form is prepared from

Taluka form No. 8B and 9B

District Form No. 3 : Overall form of district is made co-

ordating form No. 3

District Form No. 4 : Taluka Development officer sends from

village form No. 11 and over all form of
district is prepared. This is a form for
five year.

District Form No. 5 : Taluka Development officer sends at

five years, and on the basis of that
District Form No. 5 is prepared.

District Form No. 6 : This is mere by a compilation of Taluka

formNo.6-A and 6-B.This form is
attached with annual administrative
report.

Significant revenue matters for village land record besides

Record of Rights.
 142

(1) Amalgamation of Survey numbers :

(1) With the approval of the collector and from the

application of holder any survey number or sub-
division of survey number, may be amalgamated
with any abutting survey number.

(2) Any sub-division of survey number, which is held by

one holder under one and same tenure maybe
amalgamated with any abutting sub-division of the
same survey number.

(3) When two survey numbers are amalgamated as the

said, one entry will be in records relating to land two
or more part of land and first number of
amalgamated numbers will be given identifying
number. Any boundary marks exist in between land
held consolidated will be removed and village map
will be corrected accordingly.

As per administration of survey department when a

new non-agricultural number is made from survey
No. 25, new survey number becomes known and
written as No. 25-B and old survey becomes 25-A.If
we continue 25 number of old survey number, such
mistake may take place that that survey number is of
original, that will not be considered proper because
the land from that has gone to other number.

When survey numbers are amalgamated as per

Land Revenue (3), the figure of that survey number
is less that survey number will be given to
amalgamated survey number, as for example, survey
 143

No. 23, survey No. 25 and survey No. 27 are

amalgamated, then new survey number is which the
area of all these survey number is amalgamated will
be know as survey number 23. Against survey No.
25 and 27 such entry will be made that those survey
numbers are amalgamated with survey No. 23. That
means the entry of survey No. 25 will not remain in
serial number, similarly entry of survey No. 27 will
not be there. In the same manner, between survey
No. 26 and 28 no entry of survey number will
remain.

2. Kami Jasti Register :

Village form No. 1 is called Akar bandh, changes are

taking place in that from time to time and corrections
that have to be made in that for maintaining up-to-
date is called Kami Jasti Patrak. It is called K.J.P. in
English change of assessment of agriculture is made
because of that change or change is made in area of
survey number, or new survey number is made, on
reporting to the survey department about such
change the survey department will prepare Durasti
Patrak (Kami Jasti or Durasti Patrak) and send and
on the basis of that change will be made in form
No.1.

Such changes are due to the following

occasions.

(1) Conversion of agricultural land into non-

agricultural (2) Acquisition of land for public
purpose (3) Santhni of Government waste land (4)
 144

Washing way the land of holding (5) assignment

of government land for public purpose (6) due to
regional changes under section 7A of Land
Revenue code. (8) Amalgamation of survey
number (9) Due to change of land tenure (10) Due
to finalization of Town Planning scheme. (11) On
implementation consolidation scheme after
approval. (12) Because of mistake of clerk in
writing survey number or assessment.

In this chapter regarding No. 1 to9 are sent to

survey department from the revenue department,
whereas for No.10 papers are sent by the consulting
surveyor. As regards mattes relating to Nos. 11 to 13
land record department it self makes chapters.

Survey Department prepares this Kami-Jasti

Patrak and sends its copy to village. When change is
to be made in area or assessment it is called Kami-
Jasti Register whereas when there is no such change
and what is sent is called “Suchana Patrak”.

Because of increasing urbanizations and

industrialization, permission of non-agricultural is
secured by holders of agricultural lands/land holders.
Thus, the responsibility is of the Mamlatdar to see
the measurement of lands being converted from
agricultural to non-agricultural purpose, grant
sanads, prepare K.J.P. and to make changes in
revenue records accordingly. Some lands are
acquired for public purpose of non-agricultural. It is
found by experience that effect is not given in
 145

records regarding such lands. Non-agricultural

assessment is not recovered. Therefore, instructions
should be issued to Mamlatdar, to make changes in
records about all such lands, getting K.J.P. prepared
and give the effect in revenue records and complete
the work in co-ordination of D.I.L.R. and periodical
review should be made.
 146

Chapter -10
Revenue Officers- Field work.

1. For the work of district revenue officers, the government has laid
down annual criteria for their tour/ night halt and inspection of
village record in their field by issue of orders from time to time.

2. With increase in their work, facilities of transport and for liaison

with administration and people for development process, the
government has fixed their norms for tours, night halt and
inspection of village record and verification of farmers ledgers by
District/ Taluka officers in their jurisdiction during the year as
under :

(1) Norms for tours – night halts – (Government circular R.D.

No. PTA-1090-260-Dt. 17-1-90)

Sr. Office Norms for days of Norms for night

No. tours halt
Present New Present New
1 2 3 4 5 6
1. Collector (all except 100 75 60 36
Dang, Gandhinagar)
2. Collector, Dang 50 40 30 24
3. Collector, 50 75 30 30
Gandhinagar
4. Resident Dy.
Collector
(A) One Taluka 60 50 20 10
(B) More than one 40 75 50 36
taluka
5. Asst. Dy. Collector 175 150 125 110
6. Mamlatdar 175 175 100 84
 147

(2) Inspection of village record and verification of farmers‟

ledger.

Sr. Officer Norm for inspection of village record Norm for

No. verification of
farmers ledger.
General Appendix A Present New
Present New Present New
1 2 3 4 5 6 7 8
1. Collector (all 50 to 60 50 10 10 600 500
except Dang,
Gandhinagar)
2. Collector, Dang - 25 5 5 600 300
3. Collector, 25 50 05 10 300 500
Gandhinagar
4. Resident Dy.
Collector
(A) One Taluka 25 25 5 5 - 300
(B) More than 40 100 5 Per - 540
one taluka
taluka
5
5. Asst. Dy.
Collector
(A) Present to 150 120 5 Per 1050 1000
four Taluka taluka 5
(B) Present of 25 25 5 “ - -
Two talukas
6. Mamlatdar 1) If 125 As per 10 10 1050 1100
Villages are current
there all norm
villages in
one year.
2) If 125 to
250 villages
are there all
villages in 2
years.
3) If more
than 250
villages all
villages in 3
years.
 148

Note : Under consolidated notification of R.D. Dt. 31-12-99, under

circular of Commissioner of Revenue Inspection of
Gandhinagar District No. VHT-Diary- 291-2004-Dt. 28-6-04
the norms for tour-night halt and inspection of records for
collector, Gandhinagar and revenue officers have been revised.

3. Tour and Inspection:

The Collector is administrative field officer and he works as an

important organ of land revenue administration of the district. He
has to work as custodian of land management and conservation of
records, inspect effect of village records on various transactions
of land, status of government land, disposal of issues by public
contact, disposal of pending work by inspection, check on sub
ordinate offices all these can not be done effectively without field
visit. Constant tour and inspection can make administration
dynamic. His work extends from revenue matters to magistrarial
works. In these circumstances, tour assumes important aspect.

(1) Inspection : It includes village records of Talati, site

inspection, Inspection of sub officers of Prant/ Mamlatdar,
Inspection of record of circle officer, Police station,
surprise visit during Tour.

(2) Public Contact : Direct access to issues of pubic, people

can meet officer without any hitch- this type of system is
first step towards ideal administration. Hence public
contact during tour with Collector, Prant officer,
Mamlatdar, Circle Officer is important.

(1) In order to discharge above two duties properly,

norms of tour, night halt, verification of village
records and farmers ledger by Collector, Dy.
 149

Collector/ Asst. Collector and Mamlatdar have been

fixed under circular of R.D. No. PTA-1090-260- D
Dt. 17-01-90 and No.MHP-1091-1190-L Dt. 30-5-91
and accordingly the Collector has to work for that
norm.

(2) Under instructions of Cir. No.Tasha-2= TPS-2485

Dt. 30-7-85 appendix-A of Inspection for R.D.
compliance report of inspection of record of circle
officer and general Inspection of record of Talati are
to be obtained and filed and separate control register
of villages Taluka wise of inspection of record of
villages carried out should be maintained during
revenue year.

(3) Besides above work of revenue and magistrarial

work, the collector has to inspect work of cinema,
Din Dayal Grahak Bhandar and other Licences,
Godown of govt. grain, Police Stations, other offices
of District and Centres for Mid day meal schemes.

(4) As per the circular R.D. Dt. 25-10-67, the Collectors

should give vide publicity of these programmes in
which he visits so that people can approach them
without any hindrance. During tour he has to visit
residence of S.C. people and dispose on site the
issues of people of village in general and pay
attention to the problem of development works.

(5) Generally the collector has to attend the office in two

day of a week where he has to dispose and decide
cases of appeal, disputes, revision cases under
various laws and he has to see people for their
 150

problems. Moreover, he has to remain present at

head quarter for monthly meeting of various subjects
of various Departments. In these circumstances if the
tour is organized as per plan schedule for remaining
days, fixed targets can be achieved quantitatively.
For thes purpose, he has to plan for next month in
last week of month and tour programme/organized
meticulously so that annual target fixed can be
fulfilled for work and tour of every month.

(6) The Collector should keep upto date detail of visit of

villages of the district of his office so that in five
years all the villages are visited.

(7) (1) While inspecting general record of village, he

has to match ledger of farmers and record of talatis
(2) Inspection of Din Dayal Grahak Bhandar. (3)
Inspection of Centres of Mid day Meals of primary
schools. (4) Issues arising from Gram Sabha, its
solution, detail of development work of various
schools of government. (5) verification of
beneficiary with list of destitute, infirm, disable,
widows and Rastriya Kutumb Sahay and make
people aware of these schemes.

(8) Visit of Mamlatdar office of Taluka under his

control.

(1) Review of detail presented in taluka besides

pending information of important letters and pending
proposals.
 151

(2) Inspection in prescribed form of records of

circle officers besides clerk in Taluka.

(3) Verification of time limit of pending papers

and whether they are properly showed in worksheet
or its abstract.

(4) Whether the files have been updated for

classification of record of Taluka office, destruction
of record to be destroyed as per classification and
files of standing orders up dated.

(5) Disposal of cases of inspection of sites.

(9) With introduction of land record computerization,

now the work of village form No.6, 7/12 and 8-A is
done at E-Dhara centre at Taluka level. This centre
should be visited and checked whether there is delay
in issue of copy of village form no. 7/12, 8-A to the
applicants and if the holders are experiencing
difficulties, they should be removed. To take action
for disposal of pending entries of village form No. 6
and issue instructions for proper updation of record
at E-Dhara Centre.

(10) At Taluka levels also the civil centres are active.

These centres issue necessary certificate to people by
charging prescribed fee immediately. For this, proper
accounts are to be maintained for fee to be charged.
Accounts are to be verified for its correctness.
Moreover, whether any forms are to be added for
repeated use and for assessment of this, visit of site
should be arranged.
 152

(11) Besides, this take surprise visit of other offices active

at Taluka level such as city survey superintendent
etc.

(12) Visit should be taken of police station, sub jail etc. at

Taluka levels and available arrangement should also
be checked.

4. Inspection of record.

For inspection, certain forms are prescribed for which short detail
is as under :

Appendix – A

(1) For this purpose, a detailed form has been prepared in all
village forms such as Form No. 1 to 8 issues are included
for detailed inspection. They should be consolidated for all
lands of village, agricultural, non-agricultural, village site,
govt. waste land, gauchar, its accounts, maps, land rename,
non-agri assessment, Edu. Cess, other useful accounts,
matters of interest for rights of land etc. and matched,
verification of detail of village form No. 1 to 18 for
population of village, cattle, sources of irrigation should be
done.

(2) Collector should visit village and test chvadi, he should

visit site and inspect record and fill the form.

(3) Verify specially tilling of land and land granted under new
tenure for purpose of agricultural by allotment under
Agricultural land ceiling Act and is issued by the person to
whom it is granted.
 153

(4) Verify whether the land granted for non-agricultural

purpose or for special purpose under conditions is used for
the purpose for which it is granted.

(5) Verify whether it is has been mentioned on top of 7/12

form for new tenure/prohibited land tenure.

(6) When land of new tenure/ prohibited tenure is converted

into old tenure for agricultural purpose as per rules, writing
is made in village Form No. 7/12 whether it is eligible to
premium for non-agricultural purpose. Take up village
Form No. 7/12 of a particular village and entries shown in
it should be tallied with village Form No. 6.

(7) To select 10 survey Nos. for survey from village on map of

the village and tally it with area 8-A of three numbers and
entries of all record of right gradually of promulgation
should be read and verify legality of interest-rights of
holders.

(8) To verify whether conditions of new tenure for registrar of

the village are fulfilled and maintain register of all sr. Nos.
of new tenure. Prohibited tenures at every village and its
updation.

(9) Verify whether amount of penalty is credited in village

Form No. 4 as miscellaneous receipts and whether they are
recovered regularly.

(10) 10 receipts should be selected at random from revenue

receipts and of education cess issued to holders by Talati
should be cross checked receipts with office copy of record
of Talati with land holders.
 154

(11) Verify whether notes are entered regularly after inspecting

registar for encroachment in village and action taken under
sections 61 and 202 of land Revenue Code?

(12) Verify whether transfer has been made in violation of

provision of revenue code in favour of non-farmer in
inspection of village form no. 6 and if such transfer has
been made, then legal action should be taken.

(13) Verify whether provisions of tenancy Act and revenue code

have been violated.

(14) Verify whether file as per Appendix-A filled previously at

village is available and errors pointed out in have been
rectified or not. They should be verified and give
instructions to the talatis and implement them.

(15) Maintenance of government waste land and visit site to

present his use of land assigned or encroachment made on
it.

(16) Pay special attention to issue of recovery of government

dues.

5. General Inspection of village records (Village and Kasba)

While inspecting village records the following points should be

inspected invariably.

1. Village Form No. 1 : Assessment

2. Village Form No. 5 : Resolution

3. Village Form No. 6 : Index of mutation entry

4. Village Form No. 7/12 : Detail of survey Nos.

5. Village Form No. 8-A-B : Account of land holder and

ledger
 155

6. Village Form No. 17 : Register of letters issued

and received in village.

Verify following details in common points :

(1) Verify whether village Form No. 1 is uptodate.

(2) Statement of land of new tenure.

(3) Statement/register of govt. waste land/ register for survey

No. of rivers, rivulets and banks.

(4) Encroachment register.

(5) Verify whether action has been taken for recovery of govt.
dues.

(6) To check whether a registered is maintained for waste land

under urban land ceiling Act.

(7) Check whether action has been taken for depositing old
record.

(8) Talati is regular in visit/ writes dairy regularly.

(9) File of change for exchange is maintained up to date.

(10) Entry is made in 7/12 for land acquired or to be acquired

(section 4 of notification) Whether there is exemption in
revenue verify from people.

(11) File of circulars has been updated or not?

(12) Whether days for visit of Talati are fixed? And verify that
during those days whether Talati remains present.

(13) Verify whether compliance of settlement of audit has been

made by Talati.
 156

Inspection of employee record.

Inspection of table of the employees is to be carried out as

per chapter 10 of office procedure and its appendix as prescribed
by GAD for offices except Sachivalaya. Besides this, starting
right from table inspection of clerk to persons attached with
supply Department forms are prescribed for inspection of cinema,
luxuries tax, hotel inspection etc. The collector should be
conversant with it and inspect the same accordingly.

7. Inspection of Subordinate office.

(1) Under circular of Commissioner of revenue Inspector No.

MTK-VHT-Office Inspection-242-2005 Dt. 13-9-5
Instruction of offices of Prant and Mamlatdar as per
questionnaire of office inspection should be carried out.

(2) Declare stipulated programme for settlement and

accordingly, settlement of Taluka entry should be audited.
Prepare a note of it and decide about it compliance.

(3) Municipality offices under its control should be inspected.

Send a note and decide the matter as per compliance.

(4) Visit offices order revenue Dept. such as city survey

superintendents ILR etc. and review work.

The Collector should inspect regularly above offices

and surprise inspection of subordinate offices.

8. Inspection of Police station.

A. Inspection of subordinate police stations as part of

magisterial work.
 157

(1) Collector performs important function as Dist.

Magistrate. In these circumstances, inspection of police
station is also important.

(2) As district Collector he should not neglect inspection

besides case work, permission.

(3) With inspection of police station he can be well

conversant with work of record and its details and
coordination becomes smooth. There are prescribed forms
for inspection which can be issued.

B. Visit of sub Jail.

(1) In jail visit board, collector and District Magistrate

are chairman of core committee. He convenes meeting of
core committee regularly at every three months and attends
it.

(2) He should visit sub jail at period of time and verify

prisoners, their condition, food served to them and other
facilities are given to them as per rules.

9. Settlement audit.

As stated in para of “Inspection and audit” of Appendix of

Revenue Accounts Manual, the collector and Prant officer have to audit
settlement for accounts of village records of Talukas. Before, that the
T.D.O. has to carry out primary settlement before completion of October
after sending of District form for closure of accounts at end of first
August after closure of accounts for village records at end of 31 st July
and there after as per the programme of taluka by Collector, the Prant
officer has to complete audit for settlement of Taluka of his sub
divisions upto 15th March for completion of revenue year for audit
handed over and if for any reasons audit work for settlement is not
 158

completed upto 15th March, a proposal for its reasons should be made to
the collector and complete the work of pending settlement.

As per G.R. R.D. Dt. 20-6-80 (L Br.) the taluka officer has to
carry out test audit of all villages of Taluka before settlement and a
certificate to that effect issued. Such certificate should be issued from
T.D.O. on time cases in which no settlement audit is done on time by
prant officer, a proposal with reasons of it should be made to collector
for ratification. In case of collector such proposal for ratification should
be made to the government.

As per the meaning of settlement as per manual of civil accounts

of Taluka and District is “demand‟.

(1) This process is audit of accounts of past years and partial

inspection that the accounts of current year are upto date and it is
a partial test of work of village officers.
(2) Settlement audit is a test of correct correspondence of village with
taluka accounts. It is a matter not between people and govt. but
with T.D.O. and village Accountant. So this inspection should be
carried out at the place of taluka.
(3) It is desirable that the collector should meet all village officers
once in a year. However, for work with him, no presence is
required of people or Sarpanch.
(4) The T.D.O. has to carryout settlement as early as possible after
end of August and after dispatch of district form but before
October.
(5) If any serious mistake is found in account included in District
form by T.D.O. or Prant officer before February, in order to
correct the mistake before coordination of Dist. form in annual
report of the province, they should inform T.D.O. However, if the
 159

mistake is not big enough, it shall be reconciled in accounts of sub

segment year generally.
It is felt that if inspection and audit are carried out by use of
the following master key for cross checking of village forms
during settlement audit, it would be very easy.
(1) Comparison of village Form No. 5 with village Form No.1 to 4.

Column Detail Village Form No. Detail

No.5 of and Column
village Village Column
Form Form
No. 5 No
1 2 3.1 3.2 4
1. Total Rakabo and 1 Abstract Gross total
assessment. of village in
abstract.
3. Non assessed 1 2A Abstract-
cultivable Non
assessed.
4. Non cultivable 1 A Abstract
Total of B
5. Set a part for spl. 1 2A + 2B Abstract
Work and for
public work.
6. Forest 1A 2A Abstract
7. Bunglows and 1 3 Abstract
Factory etc.
8. Kiln furnace wood 1 3 Abstract
shop, gymnasium
etc.
9. Use for non agri. 5 7+8 Total
purpose
10. Not used for total 5 3 to 9 Total
agricultural
purpose.
11. Used for remaining 1 B Abstract
 160

agri.
12. Assessment 1 ham 3 Class 1 to 6
13. Assessed 1 B in A1 Abstract
cultivable nor non
possessory land. possessory
government.
15. Remaining 1 A Date: deduct
posessory Remaining
cultivable whose non
assessmentis possessory.
included Judi or
Jama
12 to 13 5 11
16 Govt.old tenure 1 A Abstract 1(A)
old tenure
17. New Tenure 1 B Abstract
1)A 2 old
tenured
18. Inam with Judi 1 1D D Inam
19. Land in charging 1 1(A) Exemption
less assessment for or less
special cause assessment
by
resolution.
16 to 19 Equal is
20. Agricultural 2 (3)
produce of land
granted on non-
assessment lease.
21. Land granted for 5 15 x20=
cultivation and 21
gross of
assessment
(including judi)
22. Village Form No. 2 Total of
2(2)B of S.No. Part-II
23. Out of village 2 Total of
bottom part-I
 161

24. Deduct Inam of 3 Abstract

Class-VII loss
25. Permanent except 2 Total of
fixed agri. part 1+2
Area of land and abstract
26. 5 21+25
27.(1) Land on which 4 6
local cess is to be
imposed.
27(2) Land on which to 4 7
local cess is to be
imposed.
28. Total permanent 5 26+27
produce

30. Local cess on 4 15 Abstract

miscellaneous
produce.
32. 5 29+30+
31
33. Gross demand 11 17
33. Area of land from 5 21+25+
which produce is 26
derived.

(2) Tally of village form No. 5 with Form No. 8(A)

Column Detail Column Detail

of of T.N.
Village No.8(A)
Form
No. 5
1 2 3 4
1. Total rakabo as per 3 Gross area
village form No. 1

3. Non asessessed 4 Non assessed

cultivable land agri. land
 162

4. Non cultivable 5 Non cultivable

5 plus Set apart from spl. 6 Allotted for for

Worked for public spl.and
work as per abstract of including forest
village Form No. 1 for public use.
plus forest.

9. Total of land for use 7 Used for village

except agri. site or house
and for non agri.
use including
plot of city
survey.

13. Land granted of non- 8 Cultivable

processing assessed assessed un
cultivable. possessory.

16. Govt.old tenure 10 Govt.common

17. New tenure 11 Govt.limited.

18. Inami with Judi. 12 Govt. Inami

19. Land granted at less 9 Cultivable

assessment for special assessed, non
cess. possesary
revenue exepted
or of spl. less
rate.

(3) Tally of village Form No. 5 with taluka form No. 8(B)

Column Detail Column Detail

N. 5 of of T.F.
village No.
form 8(B)
1 2 3 4
1. Talati rakabo as per 3 Land not assessed for
No. 1 agri. for example gross
fixed revenue including
lease for house of land
out of village site.
 163

20. Total rakabo As per 3 Land not assessed for

No. 1 agriculture,e.g. aggregate
fixed revenue including
lease for house of land
out of village site.

22. Survey No. out of

village Form No.2(2) B

23. Out of village bottom

15. Set apart for work and 4 Land allotted for use
public work as per including spl. And public
abstract of V.F. No. 1 forest.

12. Inam of class 1 to 6 as 5 Clear alienation

per V.F.No. 3

24. Inam as per class F 7

13. Land granted of 6 Loss due to assessment of

assessed cultivable non cultivable land: Non
possessary land. possessory.

14. Land granted on 7 Of revenue exemption or

exemption or on spl. of spl. Reduced rate.
Agreement at reduced
assessment.

15. Govt. old tenure land 8(A) Land of govt. occupancy

general restricted Tenure.

17. New tenure

18. With Inami Judi. 9 Inami class- 7

19. Land granted at 8(B) Land of govt.; occupancy

reduced assessment for of spl. Reduced rate land.
spl. Case.

20. Land granted at non 8(C) Landof govt. occupancy,

assessed lease non-assessed out of
leased.

25. Area and proceeds of 10 House and non agri.

land for work except (Class-7 with judi.)
fixed agri.
 164

27(1) On which local cess is 11 Fluctuating his misc

to be recovered. cellaneous land revenue.

27(2) On which no local cess

is to be recovered.

32. Total of local cess 12 Local cess

33. Total gross of area of 13 Total : Total of

land whose proceeds is consolidated land revenue
accruing and of land col. 8 to 12.
revenue

4. With village form No. 5 8(B) and 8 of total of village Form No.11

Column Detail Village Form No. Detail

Village and Column
Form
No.11 Village Column
Form
No
1 2 3.1 3.2 4
Govt. (Granted at 5 16 Plus old tenure.
reduced rate by spl.
Resolution)
including.
17 Plus new tenure
19 Land granted at
reduced assessment
by spl. Reason.
20 Agricultural
produce of land
leased for un
assessed.
4. Inami 5 18 With Inami Judi.
5. Except agri. 5 22 Total of Village
Form No. 2(b) of
S.No. 5
6. Loss of Inami land 5 12 From class to 6 of
Inami V.F.No. 3
 165

7 to 12 Postponed / Not 8(B) Last year‟s V.F.

postponed for arrear No. 8(B)
of land revenue
13 to 16 Land revenue/ 5 33 Area of land whose
Continued./ proceeds is
Permanent/ available and gross
Circulating/ Claim total of joint land
revenue.
17 Gross claim 5 33 plus
11 7 Total
of 7 to
12
18. Concession or 8(B) Statement of
written off. concession granted
by Mamlatdar.

Exemption to small holder : Section 45(2) of Rule 19 D to 19 F

exception of land revenue can be granted only holder of land of 16 th para
of ceiling of village on 1-8-72.

19. Postponed 8(B) Can be verified by

anavari order of
collector.
20. Recovered 9 Last line of abstract
Te.No.4
21. Area of not 8(B) Comparing by
postponed verification of each
holding.
23 ro 24 First second 11 7 to 15 Arrear plus
installment permanent claim

(5) Tally of village Form No. 4 to village Form No. 6, 9, 11.

Column Detail Village Form No. Detail

Village and Column
Form No.4 Village Column
Form
No
1 2 3.1 3.2 4
 166

5 Total local cess 5 30 Local cess or

miscellaneous
proceeds.
6. Land revnue 5 27(1) On which local
cess is to be
recoverd.
7. Total net land 5 27(1) On which no local
revenue cess is to be
recovered.
Recovery 9 6 Asbtract
Rotating pending 11 16 Abstract
5+6+7 11 16
 167

Chapter -11
Acts, powers relating to land administration

Various Acts, under which the collector has to work include mainly the
following :

1. Bombay land Revenue Code 1879 and rules under Gujarat land
Revenue Rules 1972.

2. Bombay Tenancy and Agricultural land 1948 and rules under

Gujarat Tenancy Rules 1956 (with amendments)

3. Land acquisition Act, 1894.

4. Gujarat Agricultural land ceiling Act. 1960 (revised act. 1976) and
rules made under it.

5. Bombay prevention of fragmentation and consolidation of

Holdings Act, 1947.

6. Saurashtra Gharkjed ordinance,1949.

7. Bombay tenancy and Agricultural land vidarbh region and

Kachchha fields Act,1958.

8. Saurashtra felling of trees Act, 1951.

9. Mamlatdar Court Act, 1966.

Powers delegated to collector under land Revenue code 1979 and Gujarat
Land Revenue Rules 1972.

As provided u/s 8 of the Bombay Land Revenue Code the state

govt. shall appoint in each district as officer who shall be the collector.
He shall exercise all powers and duties everywhere in district delegated to
him if it is not specifically provided in the Act, he shall have to act. as per
the directions of the government. Thus the collector has to perform two
types of duties (1) duties prescribed in the Act and (2) where it is not
 168

provided in the Act, he shall perform his duties as per the directions of
the govt. As per General clauses Act, 1904, he is the principal officer of
revenue administration of the district.

Collector is the head of the entire district for revenue

administration. Due to policy of decentralization of powers, he is
conferred more and more powers.

He has been delegated powers to deal with providing relief in case

of natural calamity such as famine, floods, fire etc. He has been
conferred the following powers under Bombay land Revenue Code 1579
and Gujarat Land Revenue Rules, 1972.

Sr. Powers Powers Subject

No. delegated delegated
under Act. under Act.

1 2 3 4

1. Section-7 - To alter limits of or amalgamate or

constitute new villages prepare a
proposal at district level within
powers of state government.

2. Section-10 - Subject to general orders of the state

government a collector may place
any of his assistants or deputies in
charge of revenue administration of
one or more talukas in his district.

3. Section-12 - He shall entrust duties and powers

under general or spl. orders of govt.
to his subordinate Mamlatars in
district.

4. Section-17 - He shall prescribe what register,

accounts and other records shall be
kept by village Accountant.

5. Section-25 - He shall order to have claim or

to 28 recovery of revenue of land or other
government sums or papers record
 169

to be delivered to him if he fails to

do so he may cause him to be
apprehended and send him in civil
jail. He shall recover such amount
from him or his surety as arrear of
lad revenue.

6. Section-37 Rule-29 Where any property is claimed by a

person which is not his property, the
collector may pass order at revision
with ref. to order of Mamlatdar or
prant officer.

7. Section 37- Rule-29 He can estinguish right of public or

A individuals in or over any public
road, lane or path not required from
of public.

8. Section-38 Rule-73 The collector shall set apart land for

spl. purpose.

9. Section-39 GR RD No. The collector shall regulate the use

JMN-3979- of land situated in village and on
565- Gata/ 18- record of land revenue registered
12-81 under Head of pasture or grazing
and if dispute arise about its result of
grasing cattle, the order of collector
shall be final.

10. Section39- Decision of Decision of value for removal of any

A value for natural product unauthorizedly from
removal of land set apart for special purpose of
any natural govt. property shall be final.
product
unauthorizedly
from land set
apart for
special
purpose of
govt. property
shall be final.

11. Section-42 Rule-58 Road side trees shall not be fell

without permission of collector.
 170

12. Section-43 GRRD Collector has power to recover value

No.4347(17) for trees used for ones of
25/6/1902 & unauthorizedly.
Cir.No. LAQ-
2278-61-LA
Dt.10-4-78

13. Section-44 - Collector shall regulate supply of

wood a timber for domestic use or
for other purpose.

14. Section-47 Rule-72 Collector shall decide assessment of

land washed away through water.

15. Section-48 GR The collector has got power to alter

R.D.No.GM- assessment of land revenue used for
76/97/(A) LR- agri. purpose, residence, industrial,
10-76-7945/L commercial and for any other
Dt. 8-7-76 and purpose.
Rule-80

16. Section-48 Rule 75- Penalty for violation of rule for

(4) 71-78-79 prohibited use as per chepter-20
Rule-133 of rule.

17. Section-52 Rule-80 AA To assess land not assessed when

settlement done.

18. Section-35 Administrative To maintain register of Dumala land

order No. 23
-To be maintained in form of
Appendix O.C. prescribed in Admi.
Order No. 23 of Land Revenue
Rules 1072.

19. Section-55 Rule-70 and Rate for use of water, the right to
70D when vest in the government and in
respect of which no rate is leviable
under Bombay Irrigation Act, 1829
the collector can sanction use of
after rates. Such sanction shall be
granted as per rule 70 of Guj. land
Revenue Rule 1972.For use of Govt.
water without permission of govt.
there is no provision for penalty.
Maximum rate is Rs. 125 per
 171

hectare.

20. Section-18 Rule- 121 Power to resume holding of person

not paying land revenue. Action for
resumption and sale can be done as
per Rule 121 of Guj. land Revenue
Rules 1972.

21. Section-18 - The collector has power to penalize

person for not issue of receipt for
land Revenue.

22. Section-61 Rule-103 Penalties for unauthorized

occupation of land for govt. land,
and crop shall be forefeite and if the
house it shall be remain. There is a
provision for penalty under rule 103
of Gujarat land Revenue Rules 1972
for penalty accordingly if there is an
encroachment on agri. land penalty
of Rs. 5 or tenfold of agri.
assessment whichever is more and if
it is non-agricultural one it can be
100 fold of assessment can be
charged and a penalty of Rs.250 can
be charged for any area of
encroachment.

23. Section-62 Rule 38, 39, The land shall be assessed as per
40, 41, 42, terms and conditions fixed by
42A,43B, government the land which is not
43C, 43D, possessed or occupied by any one –
43E, 44,45,
46,47, 47A, - Rules are made for disposal of land
47B under G.L.R. Rules 1972 which are
as under :

- Under Rule 38 and 39 S.Nos. of

non possessed land shall be disposed
by seller or auction for agriculture.
- Rule 40 is for disposal of private
land.

- Rule 41 is for disposal of land of

 172

river bed or basin.

- Rule 42,43,43B, 43C, 43D, 43E,

44,45,46 and 47 is for non
possessary land for use of building
or other use of agri.

- Rule 47 A is for making balcony.

- Rules 47B is for allowing doors in

govt. had.

24. Section-43 - Power to dispose land of riverbed

the land vested in government.

25. Section-64 GRRD No. Power to grant land of small

9108.33, Dt. riverbed on temporary rights.
21-11-1938.

26. Section-65, Rule-100 The collector shall grant use of land

66, 67 for other than agri. He power to
remove him for unauthorized use of
it. With the implementation of
Panchayat raj Act, now those powers
are exercised by the Dist. Panchayat
in rural areas and collector in urban
areas.
- Penalty exists rule 100 of G.L.B.R.
1972 under section. 66, provision
exists for penalty as per Rule. 100.

27. Section-68 - The collector shall grant occupation

of govt. land at some conditions for
certain period for unoccupied land.

28. Section Rule 79-A The Collector has powers to pay

GAD compensation to any land holder for
mines, mineral or quarries of land
vested to government.
- Under rule 79A of G.L.R. Rule 32
limit for application is prescribed
form application is prescribed in
L.1.
 173

29. Section-72 - The collector has power to manage

land held or for intested to holding.

30. Section. - Before introduction of statement

73-A servey and after declaration of
notification no holdings or land shall
be assigned to other without
previous section of collection.

31. Section Rule 57 K, - The land held by S.T. persons shall

31A, 73 57L, 57M, not be transferred without previous
AB, 73AC, 57N, 57O, sanction of collector in scheduled
and 73 AD 57P, 57Q, 57R areas, DDO has powers.
& 57S.
- Provisions have been made mode
under Rule 57 K, 57L, 57M, 57N,
57O, 57P, 57Q, 57R, and 57S of
G.L.R. Rules 1972.

32. Section 79- - Summary eviction of person

A unauthorizedly occupying land.

33. Section-80 - The Collector may assist in recovery

of amount to person for presentation
of forfeiture of occupancy of land
holder

34. Section - Power of granting suspensions

84A permission to inferior holders.

35. Section-85 - If superior holder recovers land

revenue from inferior holder
directly, power to pending senior
holder.

36. Section- - Division of Sr. Nos. into new S. nos.

116 shall be made.

37. Section- - If any sub division of S. No. is

117B relinquished or is forfeited in default
of payment, the collector shall
propose at such price as he thinks
proper to occupant of other
subdivision and in all such events,
the occupant refusing the land, the
collector shall dispose the as deemed
 174

fit by him.

38. Section 117 - Collector shall print settlement

J report and publish as per prescribed
manner.

39. Section- - If there is dispute for boundary of a

121 field where no previous survey is
made put there is destitute for
boundary after survey, the case shall
be decided by collector. In short, if it
is found that the land is in other
boundary, the occupant of such land
shall be evicted summarily from
land.

40. Section 124 Rule 27, After survey settlement, charge of

Admi. Order boundary marks shall be with
No. 21, Rule collection. It is the duty of collector
26. to erect boundary marks, maintain,
repair then. After implementation of
\Panchayat Raj Act, these powers
are vested into the Panchayat.

41. Section- Rule-99 Any person who erects willingly the

125 boundary marks, shall be liable to
fine not exceeding Rs.50 and half
amount shall be given to informer.

42. Section 126 - Power to fix boundary in village,

town or city for village site.

43. Section- Rule 81 Under section 128 the collector shall

128 decide cases for exemption by
summary trials.

44. Section 132 Rule 19 After completion of survey of city,

town, village site the collector shall
decide survey fee by public notice.

45. Section 135 - Any person neglecting to furnish

F information or produce documents
in time shall liable to, at discretion
of collector to pay fees not
exceeding to Rs. 25 which shall be
 175

leviable as arrear of land revenue.

46. Section- - In order to secure land revenue the

141 collector may prevent reaping of
crops or removal of it or may
appoint watchman.

47. Section 142 - The collector may order for whole

village for prohibition of reaping the
crop or its removal. The land for
which offence is committee shall be
liable to double amount as penalty of
land revenue.

48. Section- - Power to recover amount of land

148 revenue due by collector or Asst.
Collector/ Dy. Collector or receipt of
certified statement of collector of
any other district as if demand are in
his own district.

49. Section- - The collector may declare

53 occupancy in respect of which areas
of land payment is due to be for
feigted to govt. and sell and credit
proceeds.

50. Section- - The Collector may also cause

154 defaulters immovable property to be
sold.

51. Section - - The collector also may cause the

155 right, title and interest of defaulter in
any immovable property when
arrears are due to be sold.

52. Section- - Arrest and detain of defaulter.

158

53. Section- - Sale of prescribed articles can be

158 made in shortest possible time by
auction.

54. Section- - If the proceeds of sale which is

176 eventually made below that the price
bid by such defaulting purchaser the
 176

debt once shall be recoverable from

him by collector as arrear of land
revenue.

55. - Rule 108 (5) Power to decide under rule 108(5) of

L.R. Rules if appeals to be presented
Rule 108 (6) in prescribed time against decision
of Asst. Dy. Collector under Rule
108(5) and if revision appeal is to be
made power to decide under Rule
108 or sumoto revision for record of
right only.

56. Section 178 Rule 125 At any time within 30 days from
date of sale of immovable property
application may be made for
collector to setuside, the sale on
ground of some material irregularity
or instaked or fund in publishing or
conducting it.

57. Section 202 - The collector may or shall evict any

person wrongfully in possession of
land and prosecute him.

58. Section 203 - Power to hear appeal against

decision of subordinate Dist. Dy.
Collector (for decisions under land
revenue except record of rights
cases).

59. Section 211 - Inspection of village records or

incase of suo moto application,
power to hear session appeal. (for
decisions under land revenue excet.
Record of rights cases lases).
 177

Chapter -12
Record of Rights

There is a provision for record of rights under Rule 135 of Land

Revenue code 1879. Record of rights being most important record in land
revenue because it is main record for now record of land are derived from
land for occupant or land holders and thereafter note of transactions made
for land made in record of rights made from time to time.

Record of rights :

It has been prescribed in section 135 of the Land Revenue Code

1879 along with it is Rules form 164 to113 of Guj. Land Revenue Rules
1972 and G.R. of R.D. made from time to time and also to be considered.
Under programme of computerization of land Record the state
government has under taken and implemented work of record of rights
means entry of mutation in village Form No. 6 making entry in village
Form 7/12 and 8-A after certification as per E-Dhara operation Manual,
Before this, this work was done by Talati. Now it is being done by E-
Dhara centre of Taluka. So it is wrong to believe that the role of Talati
has been made unimportant one because papers of decisions made in
entries of village Form No.6 means file of copy of statement of mutation
entry, 7/12 and 8-A copy are released by Talati following provisions are
made in records of rights in section 135-B of the Land Revenue Code
1879.

135-B Record of rights.

(1) A record of rights shall be maintained in every villages and it shall

include the following particulars :
 178

(a) The name of all persons other than tenants who are holders,
occupants, owners or mortgagees of land or assignees of rent
or revenue thereof.

(b) The nature and extent of respective interests of such persons

and conditions and liabilities (if any)all acting thereto.

(c) Rent or revenue (if any) payable by or to any of such

persons.

(d) Such other particulars as the state govt. may prescribed by

rules made in this behalf.

Provided that the said particulars shall be entered in record of

rights with respect to perpetual tenancies and also with respect to
tenancies of any other class to which the state government may by not
fiction direct that the provisions of this section shall apply that the
provisions of this section shall apply in any local area or generally.

Form-O
(Rule 104)
Register of Mutation.

A single page form with columns on showing the following particulars.

Sr. Name of right Survey & Sub dn. Initials or rent by

No. Affected testing officers
of
entry
1 2 3 4
 179

Form – N

(Rules No. 104 and 113)

Serial No. of Lands
One page form including columns for following details (Card as per
village form 7/12)

(1) Survey number of field, class of :

alienation and its local name, if any
(2) Sub-division No. :
(3) Area :
(4) Assessment :
(5) Judi or special or non-agricultural land :
assessment.
(6) Holder of resumed land and occupier of :
alienated land.
(7) Record of rights number. :
(8) Other rights and encumbrances and :
occupiers..
(9) Number in Record of rights. :

Form – N
(Rules 104 and 108)
Register of Disputed cases

Serial Number Survey Date of Details of Order of

Number in form O Number receiving disputes Mamlatdar
or P and hissa objection and names or
number Collector
(or part)
1 2 3 4 5 6
 180

 Record of rights is known as village form No.6, Index of land is

known as form 7/12 and disputed matters are known as Disputed
register in Revenue Accounts Manual.

 Record of right is known an property card is city survey area.

 Changes made after preparing record of rights are called mutation.

 Method of introduction of record of rights for village for the first

time has been prescribed in rule 105.

 After implementation of record of rights as above, when the

transactions are informed in writing as provided in section 135-C,
mutations are accordingly made in record of rights. The provision
is as under :

Section 135- C :

Report regarding acquisition of rights :

If any person, by way of succession, survival, heirship, division,

purchase, mortgage, gift or lease or otherwise acquires right as possessor
of land, land-holder, mortgagor, land owner or tenant, the transferee of
tenancy and revenue, the person should send to the talati in writing the
report of having acquired rights within three months from the date of
acquisition and the Talati should acknowledge in writing to the person
who has reported.

However, if the person who has acquired rights is minor or

otherwise disqualified, his/her guardian or other person holding charge of
the property should report the matter to the Talati.

The person who acquires right by virtue of registered documents is

exempted from the duty of reporting to the Talati.
 181

Explanation 1 : The above rights include hypothecation but not rights

of easement of other encumbrances which are not considered mortgages
as specified in section 100 of the Transfer of Property Act, 1882.

Explanation 2 : The person in whose favour the mortgage has been

released or is extinct or is over shall be considered as that who acquires
rights as construed in the section.

Occupier (guardian in the case of minor) is responsible to inform of

his having acquired above rights. He should inform within three months
of having acquired such rights to E-Dhara centre or the Talati of the
village. If the occupier fails to inform within three months, it has been
provided to recover fee not exceeding Rs. 25 under section 135. He has
been exempted from informing in writing on transactions made by
registered documents, because index of registered documents is sent to
the Mamlatdar from the Sub-Register and entry is made in record of
rights on that basis.

135-D Mutation Register and Register of disputed matters.

(1) The Talati should make entry of every report sent to him under
section 135-C in the mutation register and intimations made by the
Mamlatdar or court to acquire any right or transfer any right laid down in
section 135-C.

(2) When the Talati makes entry in the mutation register in writing to
the interested parties and also to them for when there is reason to believe
that they are interested in it.

(3) If a written objection is made to the talati regarding entry made in

the mutation register under sub-section (1), the talati is duty bound to
enter details in the register of disputed matters and written
acknowledgement should be issued to the person who raised objection.
 182

(4) Orders to dispose of the objection entered into the register of

disputed matters should be issued by the officers appointed by the state
government under the rules and such changes should be noted into the
mutation register.

(5) Entry to be made in the record of right from the mutation register
should be made subject to the rules made by government for this purpose.
If the entry in mutation register is not duly certified, it should not be
entered into the record of rights.

(6) How to certify entries in the mutation register :

The entries in the mutation register should be examined and if they

are found correct or they are amended, the entries should be certified by
the Revenue Officer not below the rank of Aval Karkoon under the
Mamlatdar.

(7) Tenancy rights: The provisions under the section shall apply to
tenancy rights mentioned in the notification under sub-section (2) of
section 135-B or to permanent tenancy rights. However, other tenancy
rights as may be prescribed by the State Government by framing rules
shall not apply to the tenancy rights that may be entered into the register
of tenancy rights according to the procedure prescribed.

Note : The State Government has decided to send notices under section
135-D to the concerned parties under postal certificate.

Instructions have been issued to send from E-Dhara centre of

taluka written notice under circular No. HKP-102007/916-J under section
135. Accordingly, method of serving notices to the parties concerned
under section 135-D by Talati has been changed and now it has been
decided to issue written intimation under section 135-D under postal
certificate from E-Dhara Centre. This should be implemented by all
Mamlatdars.
 183

There is a provision of punishment for failure or negligence in

providing information as well as responsibility to submit record of rights,
interest under section 135-E and 135-F respectively.

Provisions in Manual of Revenue Accounts :

(1) After entering mutations in village form No.6, the Talati should
ensure that there is no dispute in it. If he finds that there are actual
changes in certain cases, he should take objection on behalf of the
government (For example where Devasthan land or land on new tenure
has been transferred without sanction.) He should seek orders from
Mamlatdar in such cases. If he finds that mutations are under dispute
while making entries, he should enter them in the Dispute Register and
entry should be made in column 4 of village Form No. 6. If it is claim for
inheritance and has not been decided under Inheritance register, the claim
should be entered as claim for inheritance.

(2) It is not so that mutation should not be entered because it is not

legal or under dispute. The purpose to make entry into village Form No. 6
is to find out whether the entry is legal and if there are disputes, they
should be promptly solved before they become more complicated when
any other right has been actually acquired regarding occupation, the
Talati should enter it even though it is disputable or illegal. However,
when any person makes such claim that should have possession or he
holds certain rights as occupier, he should be accepted. But if he
confesses that he has no actual possession or does not hold certain rights,
such claim should never be entered as mutation. He is only eligible to say
that he has dispute against the right registered by another person and thus
he is entitled to enter into the dispute. If his claim is according to rules, it
should be entered into dispute register.

(3) If the talati finds that he has taken possession of government land
without permission but the possession is not for longer duration (say,
 184

twelve years), so that facts of the occupier should be heard before getting
the possession released. Then he should take measures to get the
possession of the land from the occupier and should not enter into illegal
possession as newly acquired right. If the person who has to relinquish
the possession should oppose it or show legal dispute or objections,
which may be hindrance to relinquish the possession, the talati should
make entry in form No. 6 from continuance of the illegal possession to
relinquishment of possession.

(4) Next step is to invite objections. He should affix the whole copy of
mutation entry at some conspicuous place in the chora and to publish the
entries by giving written notice to the persons interested in the said
mutation or there are reasons to believe that they are interested.

Record of rights has been in the form of diary, which contains

details of all rights given under formerly registered or unregistered
documents, by heirship, by verbally agreeing to or otherwise acquired as
well as those of land-owner occupier, mortgagee, farmers, tenants or
private rights of those who are authorized to collect tenancy or revenue of
the land as well community rights and rights of easement and all
government rights on the land. Then the said rights are entered into index
of land as per serial number of survey number of each village and
separate entries are made as per possession of sub-part (peta-hissa) of
each survey number. As civil accounts are prepared from this statement, a
statement of entries of record of rights and government dues are prepared
and each separate occupant becomes responsible to pay directly to the
government the government tax or other dues for the land-holding in his
possession. Consequently, there would not be any land holder hence forth
who is not in real possession of the land assigned in his name i.e. check-
list land holder. Now, word „land holder; should be construed as a land
holder who has holding in village form No.8. In other words, no person
 185

except true occupier shall have land-holding. It will be from the record of
rights that the occupier is responsible to pay judi of alienated land. He
will be responsible to pay government dues for the land taken on lease or
taken on other special term. He will be considered as occupier and this
word shall be used for a person responsible for government alienated or
other types of land.

On account of above reasons, record of rights is a most important

document in land revenue system in Gujarat State. As the responsibility
for government dues has been introduced in the record, reconciliation of
the assessment has become inevitable. Because even though the
assessment may be very little, now survey number is not a final and
smallest portion for land revenue. In order to precisely allocate the
assessment of survey number, it has become necessary to measure its
parts. Now, the measurement work has been almost completed. Where
the work has not been completed, the assessment continued by the
administration, i.e. it has been decided to adopt standard of introducing
amount of new assessment decided by inter se allocation by the occupier.
Major work of measurement of sub-parts of survey number and to decide
their assessment are carried out by pot-hissa surveyors specially entrusted
to take extracts from record of rights and to inform the occupiers and to
help such persons only. Procedure to administer it and to maintain
accounts has been explained in the Land Records manual.

There are three parts of record of rights : Village forms No. 6, 7

and 12. Tilling rights of short term farmers or those farmers who may be
driven out at our will and production of crops were jointly entered into
village form No. 6. Now, it has been replaced by village form No.7/12 in
a joint folio. All other rights have been entered into village form No. 6 in
perpetuity. An index is to be made in form No. 7 and it is to be
maintained for more years, say ten or more years and then it is to be
 186

rewritten. When it is rewritten, all the rights newly acquired are to be

incorporated in it and drop all the rights that have been rejected mutation
record or Diary record (village form No.6) is to be maintained to enter all
the rights acquired after preparing village form ;No. 6. No. change may
be made in village form No. 7 except those ascertained and agreed to by
the parties. However, the Talati should promptly enter the rights that have
been newly acquired and notified or when they come to his notice by
personal knowledge or as informed by others. In order to ascertain such
rights, the talati should inform all the interested parties as stated in detail
in the ensuing part. As there is government interest in alienated land, the
government should be informed regarding alienated lands. All the
objections should be introduced in a separate register and the Mamlatdar
should decide such issues. The disputed entries are confirmed
examination by circle officer and other superior officers. Every such
entry is to be ascertained prior to entry of newly acquired rights into the
index of rights. Every officer should take care that mutation register and
index are maintained as per occupation and possession in complete
condition and that too without any flaw.

New Parts (Hissas)

When the disputes are solved and there is no dispute on whatsoever

type and when the mutations are entered into Form No. 6, the talati
should see whether there are any changes in the plans in which survey
number of sub-parts are situated.

When there arise de novo parts on account of existing whole

survey number or part of survey number, such new parts are required to
be re measured and shown them in the plan. Following procedure should
be observed in this regard.
 187

A register should be prepared in following form :

Number of Survey Number Type of change Who made

mutation entry to be made in change and
(Village Form the plan date.
No.6)
1 2 3 4

If there is new part and existing parts are amalgamated or there is

no dispute of whatsoever type and when the mutations are entered into
Form No.6, the talati should enter the particulars in columnsNo.1 to 3 in
the register. If such situation arise on account of acquisition of land and
by proper measurement (for example town formation), the talati should
inform new area etc. in writing and should insert amendment that it has
been prepared first from „improvement register of survey‟ and the
surveyor who has decided the case of on receipt of compendium with
settlement of assessment (Part improvement), the talati himself shall
amalgamate parts to improve plans of sub-parts. If the parts are situated
in different survey numbers, he shall be required to prepare addition-
subtraction register and the parts will not be amalgamated without
sanction of the Collector. In the remaining matters the talati should only
fill in the register and report to the Mamlatdar regarding number of such
cases with him alongwith reasons to the Mamlatdar. Separate parts of
different survey numbers may not be amalgamated till the collector firstly
accord sanction to amalgamate two or more survey numbers. After
getting sanction, they may be drawn again as amalgamated parts/hissas.
The District Inspector Land Records should be referred for such
amalgamation work and prepare a register, because survey records shall
 188

have to be revised. Such sanction for addition subtraction should not be

accorded for trifle reasons.

Method of making changes pertaining to the properties entrusted to

Gram Panchayats in record of rights under section 28-B of Bombay
Village Panchayats Act, 1933.

(1) Mamlatdar should prepare a list of properties entrusted to

Panchayats under resolution No. 6-251 dated 9-6-1950 of local self
government and Public Health Department as per instructions
issued on point No. 1 of government Memorandum No. AK 1853
dated 17-2-1954 and should mention the conditions laid down
therein, if any and issue copies thereof to the Gram Panchayatrs.

(2) List prepared by the mamlatdar should be sent to the Talati of the
respective village on receipt of the list, the Talati should make
separate entries for each entrust of land to the panchayat in village
form No. 6, i.e. record of rights. Where the entrusting is subject to
any conditions, the Talati should write all the conditions in
mutation entries.

(3) After certifying by Aval Karkoon or Mamlatdar the changes made

in record of rights by the Talati as stated above, the Talati should
enter these entries in true record of rights as under:

(A) If entrusting is unconditional, he should show „Gram

Panchayat‟ instead of „Government‟ as occupant and entry serial
number of mutation should be shown in a circle as usual;

(B) If entrusting is conditional, the Gram Panchayat should be

shown as occupant as stated in (A) above but following should be
noted inter alia under the heading „other rights‟ of record of rights
 189

and the serialnumber of mutation entry should be shown in the

circle at last as usual.

“Ownership of the Gram Panchayat is conditional”.

(4) After making entries of mutations by Talati for all matters in the
list sent by the Mamlatdar, he should note down serial number of
mutation against every point and should return the list to the
Mamlatdar (Government circular No. PVPS-1855-P dated 28-1-
1956 and amendment dated 28-1-1956 and letter No. VPS-
1856/58005-P dated 10-9-1956 of Local self government and
Public Health Department).

Integrated resolution of Revenue Department regarding

updating of record of rights :

Revenue Department of state government has integrated about 90

resolutions/circulars for updating record of rights and issued
integrated instructions vide resolution No. HKP-102003/2727/J
dated 1-12-2003. Appendices enclosed with these instructions have
not been enclosed. As the instructions under the resolution are
integral to legal provisions, it is necessary to implement them as
under :

Now, making of mutation entries in record of rights and to

take decisions on it are done of E-Dhara centers. They should be
implemented accordingly. Matters shown in the resolution
regarding transactions of the parties should be taken into
consideration.

(1) Talati has to enter the mater reported to him under sub-
section (1) of section 135-C in the mutation register and
sub-section (2) of section 135 –D of Bombay Land
 190

Revenue Code; and (2) entries should be made therein on

the basis of representation received in writing on acquiring
any rights. When the talati makes entry in mutation register,
(1) he shall place a complete copy at conspicuous place in
the chavdi and (2) shall inform all the persons interested in
changes from record of rights or in mutation register as well
all other persons to whom the talati has reason to believe
that they are interested in notice form under section 135- D.
After serving individual notices, the Talati should
undertake work of certifying the entries after thirty days;
because concerned parties are required to produce
objections in writing within 30 days. The talati has
compulsorily issue written acknowledgement (Form is in
Appendix-1) for written objection.

(2) It is seen from the complaints received from the public that
inspite of aforesaid specific provisions, the talatis are not
always ready to perform their duties. Not only that they
disobey the provisions by their non-observance.

(3) Government has, therefore decided that if entry is not made

in mutation register (Village from No. 6) after a week of
receiving order and if he does not serve all legal notices
within a week of making entries, the competent officer may
initiate departmental enquiry against the concerned talati
and start disciplinary action unless the talati gives
satisfactory explanation for his short coming.

(4) Instructions are issued to all the Mamlatdars to implement

above government decision that they should minutely check
relevant register and make informal talks with village
 191

people. For every case of established lapses by the talatis,

they should submit direct report to the collector after
preliminary enquiry under intimation to the concerned prant
officer. The Collector should from proposal to start
departmental enquiry against the Talati at fault and should
send the report on preliminary enquiry and other papers, if
any to the Deputy District Development Officer, who
should carry out necessary proceedings to take necessary
departmental action and should ensure that the Talati is
sufficiently punished and submit the copy of the order to to
the Collector. The Mamlatdar shall be individually
responsible for not informing the Deputy District
Development Officer such cases through the Collector and
suitable measures should be taken against him also for
negligence shown by him.

(5) The Collectors should inspect diaries of Mamlatdars in

view of above and they are instructed to see that every
Mamlatdar should take necessary steps. Each collector
should carefully study such public complaints and if such
complaints are often received from same areas, the
Mamlatdar concerned should be suitably warned.

(6) All Deputy Development Officers are instructed that

proposals received from Collector should not be disposed
of superficially but should immediately proceed by taking
personal care and such complaints received against talatis
should be dealt with carefully and promptly and take
necessary, exemplary and adequate measures to punish
them, so that they may not repeat their errors, because,
talatis are in constant touch with people in their day-to-day
 192

duties and their lapses in work create ill effects among

people. Deputy District Development Officer shall be
personally responsible for any leniency shown in taking
departmental action against the talati.

(7) All District Development Officers are directed to observe

the instructions contained in para 6 and to ensure that their
subordinate offices also observe them with zeal and
diligence. They should inspect their working by this view
point and to worn them where they are lacking. Sufficient
attention should be paid to all the complaints received from
the public.

(8) (1) All the officers are instructed that all the complaints
received from the people against the talati for not taking
steps forthwith on receiving orders are disposed of and a
campaign should be carried out at respective stage of
administration to ensure that such complaints are reduced to
zero.

(8) (2) Decision on entries in record of rights.

Mutation entries in record of rights are delayed in

certification. Three months time has been prescribed to
certify the entries in time. Accordingly, certification of
entries is undertaken after thirty days of serving individual
notices and the entries are decided within three months. The
Revenue Officers are again instructed to be careful to
decide the entries within three months accordingly. If it will
come to the notice that the instructions have not been
observed, responsible and penal action shall be taken
 193

against him, provided the concerned Revenue Officer may

satisfactorily explain the reasons for not deciding them
within time-limit.

(9) Heirship :

(A) Power which was given to the talati to make mutation

entries regarding heirship on the basis of Birth and Deaths
register has been revoked by new amendment. According to
new amendment the person concerned shall be required to
apply in writing regarding rights and shares he acquired by
heirship. The talati has to make necessary entries in that
regard. Such entries are to be deal with by Revenue
Officers under Bombay Land Revenue Rules, 1879.
Application forms to apply to the talati to change the names
by inheritance, will and family division are given in
Appendix 2, 3 and 4 respectively. The talati shall
acknowledge the receipt of application in the form
prescribed in Appendix-5.

(B) Sisters and daughters are called to the village by talati

for their replies regarding mutation entries regarding
heirship of land. Where the sisters and daughters are
entitled to share under Hindu Marriage Act in case of
heirship, replies of sisters and daughters of the deceased
should be obtained and if they are out of station, their
statements made before the Sarpanch, Secretary or Circle
Inspector of the village and signed by them or thumb-
impressions made by them and sent through them should be
accepted and they should not be personally called for
verification. If the sisters and daughters are in the village
 194

itself, their statements made before the Sarpanch, Secretary

or Circle Inspector should be considered true and proceed
further.

(C) When the heir gets government fallow land having

indivisible rights and unalienated land (new) on account of
inheritance the entries should be decided in view of
conditions laid down in “form I and Form I-1” enclosed
with Land Revenue Rules.

(D) Enter the names in the case of inherited/ancestral and

land on new and invisible tenure continuing in the name of
eldest brother.

Following point was raised in a meeting of Estimate

committee :

If a land-holder in whose name the lands of new

tenure, those rented for cultivation received under Tenancy
Act as well as those donated for cows expires, entries of
heirship of all heirs are not made, but it is made in the name
of eldest brother, which creates many problems.
Particularly when the eldest brother expires, entries of
heirship may be made in favour of his direct heirs and his
sons only. But the names of brothers of deceased who were
joint partners may not be entered into record.

Thus lands under new and indivisible tenure, those

received under Tenancy Act or donation for cows and
received through inheritance rights, eventhough having
joint rights, they are in the name of only eldest brother in
village form No. 6 and village account of relations of
 195

feeling or certain customs. In case of death of the eldest

brother his direct heirs. Thus, other sisters/brothers who
have joint rights in such lands are deprived of their rights.
In order to avoid such situation, it has been informed to
adopt following procedure :

(A) The above lands acquired through inheritance in

which eventhough other heirs have right and share, they are
in the name of eldest brother in village form No. 6 and
7/12. In such cases, legal proceedings should be initiated
and names of brothers and sisters who are legally entitled
should be inserted in revenue records.

(B) In the land in the name of eldest brother but having

joint rights by inheritance and if he expires, the names of
remaining brothers and sisters should be introduced jointly
in revenue records by making legal procedure.

(E) Immediate entry of legal heirs in the record after

the demise of the land-holders.

(1) According to provision in section 135(c) of the Land

Revenue Code, if any person acquires right on land by
inheritance, survival, division, purchase, gift etc. the person
acquiring such rights should report to the talati in writing
within three months from the date of acquiring such right. If
the individual/land holder fails to report within prescribed
time-limit as provided in section 135-F of Land Revenue
Code, the collector may collect fees upto Rs.25 at his
discretion.
 196

(2) The person who seeks to acquire right by inheritance

with reference to above provisions, shall have to apply in
writing. However, the land-holders many times do not
apply in this regard due to their ignorance of law or other
reasons. Consequently entries of inheritance are not made
in record of rights or there is delay in making entries.

Many representations are received by the government.

All are informed to follow the below-mentioned
instructions rigidly in order to avoid such occurrences

“Talati has been instructed to examine Deaths register

every month as laid down in para 32(2) of Revenue
Accounts Manual (Gujarati), Part -3.When talati examines
the register and if the deceased is a farmer land-holder and
if his direct legal heirs have not applied/reported for entry
of inheritance, he should inform them to apply / report in
writing and after getting such application/report in this
regard, he should immediately proceed for legal
proceedings. When the touring officer visit the village, he
should invariably ascertain whether the instructions are
complied by the Talati”.

10. (A) It has been represented to the government that tenants

are decided by procedures on Tenancy Act, while names of
all sub-partners are not entered. Consequently they have
occasions to lose the land or they experience difficulties to
obtain lands for agricultural improvements. When the land
is in the name of father, occasions of heirship arise, the
other persons except main heir and eldest brothers have to
 197

suffer inconvenience in establishing their rights on such

lands.

(B) For avoidance of such difficulties as stated in (A)

above, government has decided that when final orders are
issued to determine tenants under the Tenancy Act, the
name of all partners, sub-partners should invariably be
mentioned as entitled persons. Agricultural Land Tribunal
should also issue such orders at relevant time, so that other
partners or sub-partners may not have to lose land or may
not find difficulties in obtaining loan for agricultural
improvements in future or such events may not arise at all.

Similarly, when the name of Head of the family of

father is to be declared as tenant, details of heirs of the
Head of family or fathers should be obtained and The
Agricultural Land Tribunal should issue orders while
deciding tenants to show their names in tilling rights, so
that no complexity may arise at the time of deciding
heirship.

11. Entries to be made for illegal transactions in village

Form No. 6.

(A) A point was raised whether any illegal transaction

should be entered into village Form No. 6. According to
instructions laid down in Revenue Accounts Manual, every
entry is to be made for every transaction in village form No.
6. Then the Talati has to issue notices under section 135-D
of Land Revenue Code, has to make publicity and invite
objections. It was represented that if the transaction is prima
facie illegal, the talati should not accept the application and
 198

he should refuse to make such entry in village form No. 6.

If the suggestion is accepted, the talati shall have discretion
to decide whether a transaction is legal or not. The
suggestion may not apparently be accepted. In view of all,
government has decided that the Talati should make entry
of every type of transaction, whether legal or illegal and he
should not refuse for any application. He should draw
attention of higher officer. Where the government is a
party, he should raise objection on behalf of government.
Then the certifying officer should check legality of such
transactions and if the transaction seems prima-facie illegal,
he should not certify the entry.

(B) According to the procedure of certifying entries in

existing record of rights, if the register or correspondence or
documents are unregistered, their entries are made in record
of rights and they are certified after verification. The
government has felt that all transactions regarding land are
important. In order to ensure that they are genuine and
explicit, each transaction is required to be registered. It is
therefore, decided that the transactions which have been
made by verbal agreement or without registering by some
writing, they should primarily be entered into by talati. But
he should not certify the entry but inform the parties to
make such transactions by registered document and make
procedure as stated in point (c). After making primary
entry, the talati should inform the parties in writing in such
a way that parties may register their transactions
expeditiously.
 199

(C) The entries which have been entered into record of

rights prior to 25th May 1966 but pending for certification,
should be certified on merits without insisting for
registration. The transactions which are subject to
registration but have not been register so for and if they are
after 25th May 1966 they should be made to register
document and then reject. When the document is registered,
new entry should be made according to rule.

(D) Entries of transactions of land by illegal verbal

agreement or unregistered ones should be decided
according to instructions cited above.

(E) Entries of family division should be excluded from the

above order, because there is difficulty in making registered
document regarding distribution. They should not be
informed to produce registered document to certify entries
of family division.

(F) When the talati feels during inspection of the crops

that there is name of another person as tenant or otherwise
(not as daily wages-labour) in the column of farmer in form
12, the talati should not make any change in the column of
farmer. However, he should send written report to the
Mamlatdar/Mahalkari with details. On receipt of such
report, Mamlatdar/Mahalkari, should issue notices to the
interested parties and should decide it as per procedure of
the record of rights. The decision taken by the
Mamlatdar/Mahalkari should be informed to the Talati in
writing. On receiving the decision, the talati should make
entry in relevant column in village form No. 7/12 under
 200

intimation to the persons concerned. The circle officers and

Deputy Mamlatdars working under Mamlatdar/Mahalkari
are competent to take decisions in such matters. If there is
no decision accordingly, it would be considered illegal.
Prant Officers and collectors should ensure that talatis
invariably implement such instructions.

(G) Making entry of registered earnest money deed in

Record of rights.

The government has published many instructions to

update record of rights, but there are no instructions to
make mutation entry in village form No.6 regarding
registered earnest money deed. Registered earnest money
deed is not a sale document. In many cases, mutation
entries were made in the village Form No. 6 on registered
earnest money deed, according to which possession on the
site was often changed. Coherence of situation on village
record and that of actual possession does not coincide by
making entries of earnest money deed in village record.
When one person may make earnest money deed for one
property with various persons, legal questions arise. Many
times the dealings are cancelled even after executing
earnest money deed. Moreover, two entries are made for
both dealings viz. registered earnest money deed and final
document in village record. Moreover, after mutation entry
in village form No. 6 of registered earnest money deed, they
do not execute final document and thus the issues of stamp
duty evasions arise. Moreover, many legal problems are
likely to arise by such entrie. Thus, the problem of making
entry in village Form No. 6 on the basis of registered
 201

earnest money deed was under active consideration of

government. After careful consideration, it has been
decided that when the talati receives information on
registered earnest money deed from Mamlatdar, he should
not make any mutation entry in village form No. 6.

11. (1) Procedure to be adopted while making entries of

orders issued by Agricultural Land Tribunal or
Appellate of Revision authority under any Land
Reforms Act.viz. Tenancy Act, Agricultural Land
Ceiling Act.

When any mutation entries are made under orders of

Agricultural Land Tribunal, Appellate or Revision authority
under any Land reforms Act, individual notices should be
served to the interested parties having public interest under
provision of section 135 (D)(2). If any party raises
objections against it, mutation entry should be sanctioned
instead of entering into disputed register and the respective
party should be informed to get justice by appeal or
revision application against the order.

12. Entry of sales made by registered document.

(A) The talati has to make entry by considering registered

documents list received through Mamlatdar from Registrar
by treating it as notice for entry. There are explicit
instructions that sub-registrar shall send list of extract of the
document in the next month after the month in which sale
documents have been executed and the Mamlatdar should
send it to the Talati. However, it has come to the notice of
the government that the system is not followed carefully
 202

and accurately. The settlement Commissioner and Director

of Land Records are informed that they should issue
specific instructions to all sub-Registrars to send extracts of
sales documents every year regularly to the mamlatdar.

(B) It was brought to the notice of government that

extracts sent by the sub-registrars for registered transactions
of agricultural land, their mutation entries are not entered
into government record regularly. In certain cases such
mutations are not entered into government record for
months together and the land-holders are put to difficulties
on account of uncertainly of rights on land. As per
instructions contained in para No. 31 under village Form
No. 6 of Revenue Accounts Manual (6th Edition) the entries
are to be made by considering list of registered documents
received through Mamlatdar from sub-registrar as notice for
entry. Instructions are often issued to make all entries
immediately on transactions of land and should be decided
also within prescribed period. The complaints are received
by government that the talatis make delay in making entries
of the order. Instructions have been issued that if mutation
entries are not made in village Form No. 6 within a week
after receipt of order or after making entries if all legal
notices are not served within a week, the competent officer
should carry out departmental enquiry against the talati
concerned and initiate disciplinary action. However,
complaints are often raised from the people that there is
delay in making entries. The point is often discussed in
legislative assembly also. In order to solve the situation, all
concerned officers and employees are instructed that the
 203

transactions covered in every extract of the sub-registrar

should be entered before maximum one month regularly in
village record and as a token of ascertaing it, the Mamlatdar
should review all extracts in monthly meeting of talatis.
Similarly, the collectors should also receive the extracts
sent by sub-registrar taluka wise in the meetings of
Revenue Officers and include them as an item in agenda in
the meeting Government further decides that all mamlatdars
should submit the details of extracts received from the sub-
registar during the month and those decided in following
statement :

Statement
Sr. Name of Number of Number of Number of Reasons
No. Taluka extracts entries made cases where for
received from in account of entries are not remaini
sub-registrar the extract. made inspite ng
during the of getting cases.
month extracts.

1 2 3 4 5 6

(C) The list of extracts of registered documents received

from Mamlatdar is to be considered as notice to make entry
under section 135-C of Land Revenue Code,1879.
 204

It has come to the notice of government that when

Xerox copies of documents registered in Presidency cities
viz. Mumbai, Kolkata and Chennai outside Gujarat State are
produced to the talati, entries are made in village Form No. 6
on that basis and Mamlatdar and other competent Revenue
Officer certify the copies. On account of adopting such
procedure, the government suffers loss in income of stamp
duty. Apart from this, there is breach of instruction that
mutation should be made in revenue record, i.e. village form
No. 6 on the basis of certified documents received from the
concerned sub-registrar of the state as per prescribed
procedure. In these circumstances, when xerox copies of the
documents are produced for mutations in revenue records or
village form No.6, they should not be relied but the talatis
and concerned Revenue Officers should make entries in
village form No.6 on the basis of receipt of extracts from the
sub-registrar of Gujarat state with reference to such
documents. The collector should make arrangement that the
instructions are scrupulously followed.

Revenue officers pass orders on various acts and rules

on lands in the state. When mutations are made in village
form No. 6 on the basis of orders, such mutations should be
made after perusal of original copy of order (not Xerox). The
procedure should be applied to properties with city survey
number in urban areas.
 205

2. (1) Civil accounts of village – Revision of village Form

No.6.

Mutation entries are made regarding survey number in

village Form No. 6 utiliased at present. Details of various
entries made here in before regarding survey numbers are
not available. On this account, the entries rejected formerly
are sanctioned for want of information of previous entries.
Such cases have been brought to the notice of government.
In order to see that such lapses are not repeated and record of
rights is also not defective, it has been decided to revise
village form No. 6 suitably. It is prescribed as under :

Village Form No. 6

Record of Rights

Sr. Type of Modified Existing transfer entry Whether Signature

No. right Survey regarding survey transferor is of
of number, number, sub-part shown a farmer or Inspecting
Entry its sub- in column-3. If the entry land holder? Officer or
part and has been made formerly From which remarks.
its area serial number of village?
mutation entry
Cancelled/Rejected
1 2 3 4 5 6

All Collectors and District Development Officers have been

informed to give necessary instructions to the concerned
employee/officers under intimation to this department, so
that aforesaid revised village form should be used.
 206

13. Entry in village Form 7/12 of encumbrance of

Government Tagavi.

It has come to the notice of Government that entries of

encumbrance on Tagavi paid by government to the farmers
are mostly not made in government record. All the collectors
are therefore, instructed that whenever government tagavi is
paid the land which is taken as security towards tagavi, the
entry of such security should invariably be made in
government record i.e. village form No. 6 (Record of rights).
Similarly such securities should be entered in to village
Form No. 7/12 simultaneously, so that the amount paid as
tagavi on account of natural calamities viz. flood, scarcity
etc. till to date maybe checked on the basis of extracts of
form 7/12. Accounts of tagavi mostly maintained by District
and Taluka Panchayats may be checked by comparing with
them.

14. Procedure of section 135-D of Bombay Land Revenue

Code.

It has been brought to the notice of government that

when measurers are taken to make change as per section
135-D of Land Revenue Code in the record of rights of
Land, while making mutation entries in record of rights the
interested persons are not informed in writing or they are
informed very late. It is compulsory to inform them in
writing under section 135-D of Land Revenue Code. If it is
not done so and the entries are certified, the procedure shall
be considered illegal. Such drawbacks in procedure harms
the interest of land-holders and tenants. Not only that it
hampers the procedure also. All the collectors are therefore,
 207

instructed that they should advise Prant Officer, Mamlatdars,

when they go on tour to villages for inspections, they should
see whether the talati has taken prompt action and if not
done so, strict measures should be taken against him. The
officers who have sanctioned mutations without issuing
notice, they should be held responsible and strict measures
should be taken against them also.

Every Collector should issue circular that where such

procedure has not been followed, notices should be issued
within a month. If it is found that notices are not issued
immediately under sub-section (2) of section 135, strict
actions shall be taken against them.

15. Gram Panchayats should be informed regarding

mutations in entries in record of rights.

(A) Study group appointed by the Central Government for

the working of Gram Panchayats that talati-cum-mantris
should inform Gram Panchayat for mutations in record of
rights, so that the Gram Panchayats may express their views
or may oppose in this regard. After careful consideration on
these recommendations, it has been decided that the system
has been laid down to make mutations in the entries of
record of rights. Moreover, following system should also be
implemented.

Talati-cum-mantri should read out all the entries

which have been entered and/or certified after previous
meeting,so that all may know about it. Moreover at the
annual meeting of Gram Sabha, the talati-cum-mantri should
reed out all the mutations that took place after previous
annual meeting for their information.
 208

The purpose to implement above system to inform the

concerned persons regarding mutations and if they have any
objection they may take necessary actions to make
amendments therein. All the collectors are hereby advised to
issue proper instructions to local officers and talati-cum-
mantri. Proper vigil should be exercised for their proper
implementation. This should be included in the procedure of
Panchayat meetings, so that these instructions are
implemented properly.

(B) Posters should be affixed in Gram Panchayat office

to give information and to arise consciousness about their
rights and duties on record of rights.

Task mission No. 2 appointed for updating village

record and their modernization has recommended in para 18
of recommendation No. 12 that posters in the form of
advertisement and permanent type advertisement Boards
should be placed in Gram Panchayat Office at some
conspicuous place. In view of the recommendation of the
working group, the government has decided to install
permanent type boards in every Gram Panchayat Offices.

16. Make payment on Kuchcha note – Gujarat state co-

operative Land Development Bank Ltd. Charge of Bank-
Record of rights.

(A) When branch of the Bank inform the talati-cum-

mantri to note down charge on land with copy of mortgaged
deed, he should immediately make entry of the charge in
record of rights, i.e.; village form No. 6. The Branch
Manager of the Bank should serve notice under section 135-
D of Land Revenue Code to the land-holder. Moreover, it
 209

should be published at Chavdi as per rules. Moreover, the

talati-cum-mantri should make Kachi entry of charge with
pencil in the column of „other rights‟ in village form No.
7/12. There is no objection of a copy with Kachi note with
pencil in village form No. 7/12 is sent to the Bank. Such
procedure is legal. This will facilitate the Bank to make
advance. After certifying such entries, of any mutation is
entered regarding the said land, the notice should invariably
be served to the Bank or society as interested persons under
section 135-D of Land Revenue Code, so that Bank or
society may have opportunity to take objections. If the Bank
takes objection, further procedure should be made in view of
it.

(B) The Gujarat State Co-operative Land Development

Bank Ltd., represented to the government that the Bank
makes advances by taking land as security. However, it is
necessary to verify whether the person desiring to obtain
loan on land has clear title over the land. According to the
revised tenancy Act whether the rights of the tenants have
been entered or whether they are entered into Tenancy
register. If the Bank staff is allowed to observe these
registers, the loanee shall not be required to produce land
record for his land.

According to proviso 3 of rules 135 of Bombay Land

Revenue Rules, no fee is charged from any co-operative
Institute to allow to inspect any revenue record. No
permission is also required to be obtained in this regard. All
the collectors are therefore informed that if any demand is
received to inspect tenancy register of any Agricultural Land
 210

Tribunal by Land Development Bank, the authorised staff of

the Bank should be allowed to inspect the register for
verification of rights of loanee. All the collectors should
issue proper instructions to all their Agricultural Land
Tribunals.

(c) Land Development Bank represented to the

government that section 48(2) and (3) of Gujarat Co-
operative Societies Act, 1961 provides that property under
the charge of the Bank society shall not be transferred
without the permission of Bank/Society. If such transfer is
made, it shall be deemed null and void.

Section 48(2) : When the interest in property or

properties is subject to charge under sub-section (1), the
property or interest in property shall not be transferred
without pre-permission of the society, which will be subject
to such conditions which maybe placed by the society.

Section 48 (3) : If there is breach of sub-section(2),

the transfer shall be null and void.

The transactions of land which are informed should be

entered invariably when received. However, notices should
be issued to the parties on the basis of the entries, which is
essential under the provisions of section 135-D of Land
Revenue Code. However, when notices are issued to the
parties for the entry of mutation for transfer of the land
charged by Land Development Bank. Then even if the Land
Development Bank may or may not represent, the competent
Revenue Officer should examine such transactions under
section 48(2) and (3) of the Gujarat Co-operative Societies
Act, 1961 at the time of deciding transactions of the land and
 211

decide whether such transactions are legal under the

provision of these sections and decide the entry accordingly.

(D) Make/sanction entries in record of rights of charge

on lands on new tenure.

The land-holders possessing lands on new and

impartable terms obtain loan from Land Development Bank
or other co-operative institutions for agricultural
development. As regards charge raised on such lands,
notices under section 135(D) of Land Revenue Code are not
served to the concerned branch of the Bank. Inspite of
existence of charges, such entries in record of rights, i.e.
village form No.6 are sanctioned. Consequently, the charges
raised are some times are not protected. Moreover, such
entries/transfers may not be sanctioned under section
48(2)(3) and49(C) of co-operative societies Act. All the
collectors and offices concerned are, therefore, informed that
if the loan is taken on lands on new terms from Land
Development Bank or Co-operative Bank, the notice under
section 135(D) of Land Revenue Code should invariably be
served to the Manager of the branch from which the loan is
obtained. The offices concerned have been instructed not to
sanction the entries regarding charge till such
borrowing/loan is repaid.

(E) Entry in revenue record of construction of building

of Ashram School/Post Basic School with government
grant.

Government pays building assistance to grant-in-aid

institutions to construct Ashram Schools, post-basic ashram
schools and hostels. When recognition of grant-in-and
 212

ashram schools or hostel is cancelled, the institutions directly

sell the land and buildings constructed from government
grant without sanction of the government. Therefore, such
government aided buildings/lands are mortgaged. In the
order issued by the commissioner of Tribal Development
sanctioning grant to such institutions, there is a condition to
make their entries into land revenue record- record of rights-
village from No. 6 and also under the column „other rights‟
of village Form 7/12. The concerned Revenue
Administration has to make procedure there of. All
concerned officers are informed to make procedure as above
after receiving such orders from the commissioner, Tribal
Development or other departments/offices of the
government.

17. (1) To make mutation entries for acquired lands.

It has been notice by the government that government

acquires farmers‟ land, but entries of subtraction are not
made timely in government records. Consequently irrigation
rates are assessed as per old area and the farmers have to pay
more charges. Instructions have often been issued to make
entries in time and to decide them regularly. However,
farmers have more occasions to pay more money for want of
timely mutations in the government records. The collectors
are therefore informed to see that mutation entries of lands
acquired are made in time and tight arrangement is made at
taluka and village level to see that the farmers may not have
occasions to pay irrigation rates for more lands.

(2) Entry of Survey numbers of non-agricultural land

situated in city survey limit.
 213

Work of mutation entries and their sanction are

performed by talat is for revenue survey numbers converted
into non-agricultural lands in city survey area. Consequently
city survey records cannot be updated. The
employees/officers performing duties of making/sanctioning
entries have, therefore, been instructed to make necessary
entries in village record and not to make any mutation entry
of non-agricultural survey numbers situated in city survey
limit as stated in para 7 of circular dated 10-2-1975 of the
settlement commissioner.

18. Maintenance of correspondence of mutation entries in

dispute for record of rights.

One case has been brought to the notice of

government, when in it has become difficult to know
background of justification of the decision taken by
certifying officer on account of destruction of
correspondence for disputes raised regarding mutation
entries of record of rights. Generally definite entry is made
in the relevant register on the spot and orders are to be issued
soon regarding mutation entries in record of rights. Precise
reasons are to be shown in brief for certifying or not
certifying entries. Representations of the parties are also to
be noted therein Thus, no correspondence is to be made as
per prevailing norm or rule regarding mutation entries in
record of rights. However, where correspondence has been
resorted to on account of misunderstanding of
correspondence system, the correspondence should be
preserved at least for five years at village or taluka level, so
that higher officer may know in which circumstances the
 214

entries were certified. If any question arises at that time

regarding entries so made, the circumstances and reasons for
certifying entries may be available to higher officers and
enquiry officers. Where cases have been filed into Revenue
Courts and Law Courts, their papers should be preserved for
five years.

Government emphatically states that no

correspondence of chapter is to be made for mutation entries
in record of rights. The decision taken for certifying or not
certifying entries is to be noted at local level by showing
reasons in brief in prescribed register, representations made
by the parties are also to be summarized and noted in the
register. Such registers are maintained as per „A‟, „B‟, „C‟,
„D‟ list and for the period as proposed in the Accounts
Manual. If these instructions are followed scrupulously, no
separate correspondence will be required. The question to
preserve the correspondence also will not arise. If
correspondence has already been made, the above
instructions should be followed for preservation of the
correspondence.

19. Entries in record of rights for transactions of tribal land

should be certified by Mamlatdar.

(A) As regards work carried out by special team of R.T.S.

Mamlatdar for protection of occupancy rights of tribals on
land in tribal areas. It has been decided in this regard that
entries in record of rights should be included in the work of
the Team. Such entries should not be sanctioned by officer
not below the rank of Mamlatdar among Revenue officers as
decided vide rule 107(1) and (2) of Land Revenue Rules. It
 215

should be sanctioned by Mamlatdar only. All the entries of

transactions of tribals in Dangs district should be decided by
Mahalkari.

(B) Collectors are advised to instruct concerned officers

and Mahalkari of Dangs district, so that Mamlatdar only may
sanction/decide all entries of transactions of all tribals in the
state and entries of record of rights made by R.T.S. team
working in Integrated Tribal Development Project area of
their district.

(C) There is no change in possession by the entry of

charge of borrowing from Co-operative Banks or Co-
operative Societies. As the loan which is paid by the
Institution is not exploiter, the Deputy Mamlatdars have
been empowered to sanction the entries of charge of Co-
operative Society or Co-operative Bank.

20. Informing concerned persons regarding order

sanctioning, rejecting mutation entries in record of
rights.

(A) The Estimate committee of Gujarat Legislative

Assembly organized a tour to study the working onsite and
to get information on work carried out in various offices in
the district under Revenue Department viz. Collector office,
Office of Prant Officer, Mamlatdar Office, Talati Office
from 21st July 1969 to 26th July 1969. During the four
programme, the committee visited a Talati office at Moti
Banugar Village Jamnagar Taluka. During discussions at
that time, the committee came to know that persons
concerned have not been given the information on sanction
or rejections of entries of genuineness of the record so far.
 216

The committee recommended to provide information in

writing to the concerned persons even if their entries of
genuineness of the record are sanctioned or rejected.

(B) Decision on certifying or non-certifying the entries are

taken in the presence of parties at the chora of the village.
Thus, the parties are verbally informed. However, after
careful consideration of the above recommendation of the
Estimate Committee the government has decided that
information on sanctioning or rejecting entries of
genuineness of the record should hence forth be given to the
concerned persons in writing.

20. (1) Power of Dy. Mamlatdar to certify mutation

entries of record of rights.

It was interrogated as to which Deputy Mamlatdar

may certify the mutation entries of record of rights. In this
regard, attention of all concerned is invited to sub-section (6)
of section 135-D of Bombay Land Revenue Code, 1879 and
rules 107 and 108 of Gujarat Land Revenue Rules and is
hereby informed that Revenue Officers not below the rank of
Aval Karkoon/ First Clerk( at Present Deputy Mamlatdar)
are only competent to certify mutation entries of record of
rights. It means „Revenue Officers‟ defined in section 3(1) of
Bombay Land Revenue Code may only certify mutation
entries of record of rights. The Dy.Mamlatdar performing
work regarding land revenue may certify the mutation
entries of record of rights as above. However, Dy.
Mamlatdar not performing duties of land revenue may not
certify such entries.
 217

In view of above legal position, necessary instructions

should be given to all the collectors to make such
arrangement that Deputy Mamlatdars not performing duties
as Revenue Officers as stated in section 3(1) of Land
Revenue code may not certify the mutation entries and it
should be scrupulously followed.

21. Empower to sanction all mutation entries to Mamlatdar

and Agricultural Land Tribunal.

In partial modification of government circular No.

PWR-1077-16281-L dated 18th February 1977 of Revenue
Department, the government has decided that Mamlatdar and
Agricultural Land Tribal should decide not only mutation
entries under orders pertaining to Tenancy Act and Land
Ceiling Act but all the entries. However, they should decide
such entries during their visit to the village or in leisure time
after completion of their allotted work. However, special
care should be taken to ensure that their such work maynot
hinder or delay their prescribed duties.

22. Entry of resolutions of Agricultural Land Tribal and

Mamlatdar.

The decisions taken by the Agricultural Land Tribal,

Mamlatdar under the Tenancy Act, Agricultural Land
Ceiling Act and Land Improvement Acts should invariably
be entered into record of rights village Form No. 6.
However, after making such entries it should be placed on
public notice and notices should also be issued to all the
parties under section 135-D of Land Revenue Code.
 218

However, even if objections are taken against such entries,

entries should be sanctioned and the parties should be
advised to file appeal/revision application against the said
resolution.

23. Prompt disposal of entries in record of rights and

ancillary changes.

(A) Mamlatdar and concerned officers should take care to

see that entries in record of rights are decided within three
months. Village wise list of remaining entries should be
maintained for the purpose, where the numbers of remaining
entries are found more, a quarterly visit should be arranged
in such villages and it should be ensured that remaining
entries are decided systematically. For this purpose diaries of
Revenue officers should be regularly reviewed.

(B) Talati-cum-Mantri of the village should invariably

make mutation entries decided by Revenue offices in ;other
ancillary records, i.e. in village form No. 7, 7-A, 8-A, 8-B
and Farmers‟ Ledger on the same day on next day. If ledger
of any farmer is not available, it should be obtained
immediately and make mutation entries therein within seven
days.

23. (1) Computerisation of entries in record of rights.

In order to carry out computerization work very

speedily and accurately, it is very essential that entries are
made and also certified in record of rights within proscribed
time-limit. Instructions have, therefore, been issued to frame
time-bound programme to make entries and certified them
within time-limit and make record of rights updated.
 219

23. (2) Review of disposal of entries in monthly meetings

of Mamlatdar/Prant Officers.

All the collectors have been requested to instruct

respective Mamlatdars to review to make entries in record of
rights in village form No. 6 in the monthly meetings of
Talatis and Collector may review in the monthly meetings of
Mamlatdar/Prant Officers, so that making of entries and
certifying are not left out.

23. (3) Planning of campaign for disposal of entries in

record of rights.

State wide campaigns are often planned for disposal of

entries so that, entries in record of rights may not remain
pending and they are immediately disposed, as a result good
results are achieved for disposal of pending case.

24. Maintenance of register for remaining mutation entries.

Village Form No. 6 is maintained for mutation entries

of village. In order to know promptly the remaining entries
of these types, some talatis maintain a list of such remaining
entries on first page of above form, some talatis perhaps may
not maintain such list of remaining entries. In order to
maintain uniformity in the state from administrative point of
view, it is essential that every village should maintain a
register in order to trace the information of remaining entries
properly while inspecting the village record. After making
entries in village form No.6, a notice is required to be issued
under section 135-D of Land Revenue Code. These entries
are to be noted in the register after a lapse of one month as
per rules. When entries are disposed in the register, an
 220

abstract should be made of remaining entries. Whenever, the

entries in the register are disposed, a circle in red ink should
be made in the entries and they should be treated as
disposed. Abstract of remaining entries are required to be
made at the end of every month. A register of remaining
entries should be maintained in following form as per
instructions.

Form of register of remaining mutation entries.

Number of Date of Date of Remarks.

mutation entry of disposal
entry mutation
1 2 3 4

25. (1) Certain lacunae are observed by the government in

general working of talatis and circle inspectors to update the
record of rights. All the collectors and District Development
Officers have been advised to instruct talatis and circle
inspectors under them to take proper measures as follows to
remove defects, so that updating of record of rights may be
successful :

(A) Facts of pot-hissa should be entered into pot-hissa

register and entries of hissa measurement of the numbers
which are measured should also be made in relevant registers
systematically.

(B) Relevant rectification should be made in taluka map of

the village according to the copy of rectification map along
with additions-alteration registers according to the mutation
in land tenure and possession. Maps should be updated and
 221

necessary modifications should be made in the record as per

additions-alteration (Kami-jasti) register and their files
should be systematically maintained and put to the notice of
inspection officer invariably.

(C) Type of irrigation whether by well or canal should be

shown in village form No. 7/12 and in the column of tillage
rights, the talatis should write the name of tillers every year
in village form No. 12 invariably, so that no irregularity may
creep in and land reforms Act may be duly enforced.

(D) Accounts of recovery of pot-hissa fees should be

systematically maintained and recovery thereof should be
made immediately.

(E) Pot number should be mentioned in village map by

pencil according to changes in possession of land by various
reasons.

(F) Dy. Mamlatdar, settlement – should essentially tally

the abstract of measurement office with that of District
Measurement office while closing accounts of the village at
the end of the year.

(G) Repairs to boundary marks should be completed as per

scheduled programme.

(H) Notings made by land records officers in inspection of

records should be complied and they should be sent the
report in time.

(I) The circle Inspectors should submit their diaries to the

District Inspectors regularly.

(J) The talatis should promptly report regarding

encroachment in government numbers. Every Mamlatdar
 222

should take legal steps under Land Revenue Code, so that

encroachment on government lands may be prevented.

(K) Whenever taluka/District Revenue officers visit the

village for inspection, they should scrutinize the village
records in order to update record of rights and should guide
the talatis and circle inspectors.

(L) The collectors and District Development officers

should ensure that above instructions are scrupulously
followed.

25. (2) Delay in issuing government records viz. record of

rights and Phani Patrak – presence of talatis in Seja.

Period of screen days has been fixed in entry 3-7 of

rule 137 (3) of Land Revenue rules to give extract of record
of rights. Generally, the talatis should give copies within 24
hours and the time should not exceed three days in any case.
If delay is more than three days, the talatis should note down
the reasons for delay in application register. Register is also
maintained by him in order to see that the copies are given
by talatis in time. Mamlatdars have been instructed to review
the registers maintained by the Talati every month in order
to take steps for inordinate delay in giving copies. However,
there is delay in giving copies. Form to apply to the Talati
orally or written is given in Appendix-VI. The talatis has
also to issue receipts in form 2 for payment of fees and
receipt of written/oral application.

All the collectors are informed to see that in case the

Talati fails to provide copies in time without proper reasons,
a proposals to take disciplinary action against the Talati
 223

should be submitted to the District Development Officer

through the Collector by the Mamlatdars. Time-limit to give
copies of extracts has been determined. However, if the
copies of extracts are not provided in time and if he applies
to the Mamlatdar, the Dy. Collectors/Collectors are
instructed to see that the copies of extracts are provided to
the applicant within four days.

In the meeting held prior to Budget Committee, the

members of the committee represented that when
Mamlatdars visit villages, the talatis do not remain present at
Seja Village. As a result Mamlatdars are not able to do any
work. Government has take its serious note. The District
Development Officers are requested to make such
arrangement that talatis should not leave headquarter without
prior permission of the respective officer when he has to go
to the district for meeting or for special reasons and he
should invariably be present when Mamlatdar visits the
village.

When touring officers visit the village and if the Talati

is not present at Seja Village, he should immediately submit
the report to higher officer regarding his absence. If he does
not satisfactorily explain his absence, disciplinary action
should be taken against him and submit copy thereof to the
collector.

All the officers/employees have been suitably

instructed to see that above instructions are strictly followed
and adequate care is taken to see that the people may ot have
to suffer hardships.
 224

25. (3) Better procedure to provide copies.

Government has often issued instructions to ensure

that the applicants are provided copies of public documents
promptly. According to administrative order No. 2 read with
rule 137 (2) of Gujarat Land Revenue Rules, the talatis are
required to provide certified copies of certain records within
seven days from the date of receipt of the application and has
to provide them within 15 days in other offices. Instructions
have been issued that generally talatis should provide copies
within 24 hours and in case of delay exceeding three days,
the talatis should note down the reasons for delay in
application register. A register of eight columns (Appendix-
VII) is maintained as per form No.1 to ensure that copies are
given by the Tlalati in time.

25. (A) Mutation list to be kept at Taluka level for record

of rights other than by inheritance.

In order to update and modernize the revenue records

of the village, the task mission No.2 was constituted. It has
recommended in its recommendation No. 12 that in order to
keep village record systematic and up-to-date; village wise
register should also be maintained at taluka head quarter for
mutation entries by orders/decision at taluka and higher level
and to see whether entry has been made in village form No.
6 keeping in view the recommendation of working group, it
is hereby decided that –

(1) A register should be maintained as per form attached

herewith in Mamlatdar office at taluka level.
 225

(2) In order to see that Mamlatdar may maintain register

at taluka level, all revenue officers and taluka development
officers should send copies of orders made with reference to
village land to the Mamlatdars of the respective taluka.

(3) Revenue officers should keep such copies with them

while visiting village and check whether the mutation entries
are made in column No. 4 of the register. If they are not
made, they should be got done by the talatis and should write
the details of process in column No. 6 of the register.

(4) Each touring officer should make further process

keeping in view the process made by former officers.

Statement
Sr. Name Details of What changes Whether Action
No. of the order/ are to be made entries have taken by
village decision of in survey been made the
the numbers on in village competent
concerned account of order form No. 6 officer
officer. as decided in as per order while
column No. 3 specified in visiting
column No. the
4 village.
1 2 3 4 5 6

26. It has come to the notice of government that papers

certifying entries of record of rights are not maintained
according to instructions laid down in civil accounts
Manual of the village. Following instruction has been
given in para 30 on page No. 100 of Gujarati third
edition of 1963.

39 – The talatis should make it clear in the entries

whether. Mutations are made on the basis of written reports,
 226

extract of sub-registrar, from the addition-alteration (Kami-

Jasti) Patrak, revised assessment or by order of the
Mamlatdar. He should maintain a file of such papers, so that
if may be easily available to him. In fact, the assessment
(Akarbandh), Kami-Jasti Patraks are attached to village form
No. 1. However, written reports and case papers regarding
mutations should be bound in a file as per serial numbers of
entries from village form No. 6 and a current file should be
maintained for the extracts of registration serially.

When entries are made, the talatis should sign it.

(2) Classification of papers concerning record of rights

are made under „A‟, „B‟, „C‟ and „D‟. „A‟ class papers are
for long duration, „B‟ class papers are for 30 days, „C‟ class
papers are for five years and „D‟ class papers are to be
maintained for one year or till yearly inspection of the
accounts is over. There is a list on page 268 of the above
book regarding period of maintaining papers regarding
record of rights, which is as under.

Sr. Subject Classification Remarks

No.
65. All case papers and other „C‟
clarifying papers (Five Years)
regarding preparation of
record of rights and entries
thereof.
67. Register regarding „B‟
disputes. (30 years)
67A. Inheritance register and „B‟
case papers regarding in (30 years)
heritance.
72. Notice issued to the „C‟ Should be
parties and notified in the (5 years) maintained
 227

„Chora‟. till
certificate
is issued
that all
mutations
are correct.
73. Counterfoils for receipt of „C‟
documents and their (5 years)
intimations.
74. Notices issued by Civil „B‟ Mamlatdar
Courts. (30 years) orders
Talati to
make entry
in village
form No.6.
To be kept
with record (3)
of rights
under
section Pap
135-H.
ers
75. Village wise extracts from „C‟ -As above-
the sub-registrar. (5 years) per
77. Village wise extracts „C‟ - tain
index from the sub (5 years)
registrar. ing
to
serial No. 67 and 67-A from those stated in above statement
are to be placed in record department, papers other than
those are to be retained by Talati-cum-mantri of the village.
Out of those to be sent to record department, necessary
papers are to be retained by the talatis-cum-mantri for
specified period for scrutiny before sending.

Time-limit shown in the statement to maintain papers

is to be considered from disposal of the papers and sent to
record.
 228

Record of rights means events to take entry into

village form No. 6. Kami-jasti Patrak, revised assessments,
extracts of sub-registrar on sales of property, inheritance and
other orders of Mamlatdar are available on written orders to
the Talati records. In the cases of entries of above chapter,
papers are to be kept with separate register. In other cases,
papers pertaining to entries are to be kept as mutation entries
are sanctioned after writing serial number of mutation
entries, the officer certifying officer should make
arrangement to file such papers. Serial numbers should be
given to the filed papers and should make case wise index
also. When talati-cum-mantri is transferred such files should
be systematically handed over to the relieving talatis when it
is done so, there may not be any passing of losing papers
pertaining to entries. All the Collectors are requested to see
that papers pertaining to entries in village form No. 6 are
arranged accordingly.

27. Legal position is as under regarding interpretation of the

word „Collector‟ shown in rule No. 108(A) of Land
Revenue Rules.

As provided in section 135-L of Bombay Land

Revenue Act, Provisions of chapter 13 do not apply to
decision or order under chapter 10 of Land Revenue Code.
Revision provisions of section 211 of Bombay Land
Revenue Act, do not apply to revision applications under
rule 108(16) of Land Revenue Rules.(See Chanchalba
Versus Dahiben – C.L.T. 1969-70). Revision powers may be
used as per provisions of section 135-L of Land Revenue
Code and rule 108(6) of Gujarat Land Revenue Rules, 1972.
 229

Papers of investigation and procedure made by subordinate

officers under sub-rule (1) to (5) of rule 108 and rules 106,
107 may be called for and examined by the collector to
ascertain legality or propriety of any decision or order. He
may modify or revoke or reverse such order or decision.
Collector has been empowered in sub-rule (6) of rule 108,
but this provision is to be considered with the provision of
section 10 of L.R.C. section 10 provides that any Assistant
or Deputy Collector in charge of one or more talukas of
district shall use and exercise of powers and perform duties
vested in collector under Land Revenue Code and other laws
in force then, so far as they are in charge of taluka/talukas.
Powers under section 10 vesting powers to exercise powers
of the collector are very wide. The Dy. Collector may also
exercise power and perform functions of the collector under
rule 108(6) of Gujarat Land Revenue Rules. He may, there,
use revision powers and call for enquiry papers also. As
provided in those rules, he may issue orders also. Para -2 of
section 10 of Bombay Land Revenue Code shall mean that
when Asst. or Deputy Collector use appellate powers of the
collector, the Deputy Collector or Assistant Collector may
replace the word „Collector‟ used in law. When Assistant or
Deputy Collector are placed in charge of Revenue talukas,
order under section 10 of Land Revenue Code does not place
any limitation to use mode or type of powers. When
Assistant or Deputy Collectors are empowered to use such
powers in their jurisdiction, they become competent to use
such powers (V.D. Lokhande Versus Umabai 57-BLRC
8(16). Thus, the Dy. Collectors or Asst. Collectors are
competent to use revision powers under rule 108(6) of
 230

Gujarat Land Revenue Rules, 1072. It is true that appeal is to

be filed before the collector against the orders of Deputy
Collectors or lower officers. However, from this rule 108(6)
may not be interpreted in limited way that Asst. Collector or
Deputy Collector are not included to utilize powers vested
under section 10 of Land Revenue Rules. It is also true that
Deputy Collector who is appellate authority under sub-rule
(5) of rule 108, may not be revisional authority and it is not
proper to bestow revision power to the same authority.
However, it is clear that the Deputy Collector may not use
revisional powers against their own orders. These revisional
powers may not be used against the order of officer
appointed by the collector to use appeal powers under rule
198(5). On this ground also, limited interpretation of sub-
rule (6) of rule 108 is not proper. Deputy Collector or Asst.
Collector may use revisional powers under rule 108(6) of
Gujarat Land Revenue Rules.

Legal position regarding words, proper period to use

revisional powers is as under :

No time-limit has been fixed to use revisional powers

under rule 108(6). Such powers, should, therefore, be used
within proper period. Proper duration of time may be
decided from the facts of the case and type to be used in
revision. Hon. Supreme Court and Hon‟ble Gujarat High
Court have construed three months duration as proper time-
duration.(Gujartat state versus P. Raghavan A.I.R. 1967-
S.C. 1297 and Bhavanji Bavaji versus Gujarat state 128 GLR
156). In view of above judgments as well as provisions
 231

under section 131 of Limitation Act (which do not apply to

revision application under Land Revenue Code), duration of
90 days may be considered proper duration for use of
revisional powers. However, where time-limit has not been
fixed under law or rule, it may not be said that revisional
powers are used within time-limit of ninety days. The time-
limit depends upon the facts and circumstances of respective
case and type of revisional order.

27. (1) Interpretation of the word „Collector‟ mentioned in

rule 108(6) of Land Revenue Rules.

Legal position regarding interpretation of the world

„Collector‟ has been shown in rule 108(6) of Land Revenue
Rules in para 27 above.

In one case, the Assistant Collector took entries in

village form No. 6 in revision and revoked the orders. The
applicants made revision application to the court of collector.
Opinion of Legal Department was sought when decision
may be taken by the court of the collector against the order
issuedby the Asst. Collector by using powers of the
collector. According to the opinion given by the Legal
Department by its note dated 3-5-91, Deputy Collector/ Asst.
Collector may not use revisional powers under rule 108(6) of
Land Revenue Rules to take into revisions the entries in
record of rights suo moto. In view of opinion of Legal
Department, legal position mentioned in para No. 27 of the
said resolution shall stand revised to that extent.

28. In Sp.C.A. No. 3609/1979, in the case of Fakaruddin Abduli

Mulla Mithawala Versus Ahmedmiya Husenmiya Mogal, the
applicant submitted before Hon. High Court that provisions
 232

of rule 108(6) of Gujarat Land Revenue rules, 1972 are

similar to those under section 211 of Bombay Land Revenue
Code. Application challenging order of the Collector,
Panchmahals was admitted on the ground that the collector
has used his powers after about five and a half years in this
case.

The facts of the case are such that name of applicant

in this case was jointly entered for the first time with
opponents of the case vide mutation entry No. 10218 dated
21st July 1973 in the land bearing survey No. 975 of
Dahod,Dist.Panchmahals. The land was originally owned by
the opponent. The mutation entry was sanctioned on 1 st
November, 1073. Thenafter, name of the applicant was
shown as sole owner in Government records and names of
opponents have been deleted.

It seems that when the Collector came to know the

details of background after sanction of mutation entries, he
served notice in exercise of his powers under rule 108(6) of
Land Revenue Rules, 1972 after five and a half years heard
the parties and revoked mutation entryNo.10128. Appeal
against order was made to Special Secretary, Revenue
Department, who disallowed the appeal on 20th November,
1979 and allowed the order of the collector.

Advocate of the applicant quoted the judgement by

Supreme Court in the case of Gujarat state versus
Raghavnath (1969) 10GLR 992 and that by Division Bench
of High Court in the case of Bhagwanji Bavanji Versus
Gujarat State (1971) No. 12/GLR/156 and submitted that no
 233

Government officer may utilize revisional powers after a

lapse of reasonable period.

In view of agreements on both the sides and facts of

the case, the court noted that powers of High Court of
Superintendence under article 227 of the constitution of
India are to be used with discretion and is to be utilized in
certain court cases only. If any party may not demand such
discretionary power with bonafide intention, court may
refuse to exercise its powers even though lower authority
exercised revisional powers after a long span of time.

(If a party who invoke this discretionary power does

not come with clean hands, this court may refuse to exercise
that the said power notwithstanding the fact that the
authority below exercised the revisional jurisdiction after a
long lapse of time).

29. Thus, the implementing officers have to enforce as per

instructions of the coordinated resolution. (Appendix may be
seen from original resolution. However, when the question
regarding interpretation arises, provisions of original
resolution are to be kept in view. (coordinated resolution,
Revenue Department. No. HKP-102003/2727-J dated 1-12-
2003).

Duties of Mamlatdar for record of rights :

Mamlatdar largely dispose the entries or record of

rights. In other words, the Mamlatdar has to perform
important duties regarding record of rights. Computerisation
of Land Records has been completed in revenue offices.
Now, the case papers of entries made in record of rights are
 234

maintained by Mamlatdar office instead of keeping them

with Talati. It is, therefore, primary duty of Mamlatdar to
obtain applications with integral case papers to make entries
in record of rights, notice should be served by the talatis to
the beneficiaries under section 135-D of Land Revenue Code
and should make speedy disposal of the entries himself and
should cause to dispose entries by circle officer or Revenue
Aval Karkoon according to distribution.

Mamlatdar has important ancillary duties to perform

viz. disposal of entries taken to dispute register, timely
disposal of entries regarding inheritance applications,
scrutiny of „Holder Farmer Certificate‟ of Purchasers of
Lands in his own taluka from other taluka, he should be
vigilant to ensure that entries of sales of land of wrong
holders are not certified etc.

Duties of Prant Officer towards record of rights :

As Prant Officer is immediate higher officer to the

Mamlatdar, he should carryout general record inspection,
scrutiny of Appendix-A and should ensure that record of
rights are maintained up-to-date at the time of inspection of
Mamlatdar office. If he finds any entry certified ultra vires,
the Prant Officer should call for papers on entries and submit
to the Collector to try revision under rule 108(6) of Land
Revenue Rules.

Moreover, Prant Officer has to hear the appeals under

section 203 of Land Revenue matters and decide them.
Generally, appeals under this section are concerning record
of rights, which should be admitted within 60 days from the
date of order of Mamlatdar. If there are proper reasons for
 235

delay, the Prant Officer may condone delay and admit

appeal, arrange hearing and may give decision after
recording reasons.

The Prant Officer has an important duty of

promulgation regarding record of rights. By promulgating
entries of record of rights after last promulgation, title of the
people regarding land are recognized and entries are
observed upto the last.

Duties/powers of collector on record of rights.

It is primary duty of the Collector regarding record of

rights to see that entries regarding title of lands are being
made within time-limit prescribed in record of rights.

Moreover, Collectors have been entrusted with

integral powers under Land Revenue Code. (1) Appeal
Powers under section 203 of Land Revenue Code. (2)
Revisional Powers under section 211 of Land Revenue Code
and (3) revisional powers under rule 108(6) of Gujarat Land
Revenue Rules, 1972 regarding record of rights.

1. Appellate authority under section 203.

The collector has to hear appeals against orders

pertaining to revenue issued by his immediate subordinate
officer viz. Prant Officer under section 203 of Land Revenue
Code.

It is not necessary that appealant should admit the

appeal in person. It may be sent by post also. Appeal is to be
made to the collector against the order of Prant officer within
a limit of 60 days. However, if collector finds that there are
proper reasons, the Collector may condone delay and admit
 236

appeal. Formerly meaning of „60 days‟ was constructed as

60 days from the date of order, but now it is construed as “60
days commencing from the date on which the party receives
order. Decision thereof should be declared in open court and
order should be issued within a week.

In appeal under section 203 new evidences/facts

maybe taken, but it may not be done so in revision under
section 211. No appeal may be made to the State
Government against the appeals heard and decided by the
Collector. However, revision application may be made to
Special Secretary, Appeal against it.

Law wise list of rights to be taken in to revision for

appeal orders under section 203 by Special Secretary against
Collector is fixed.

2. Revisional powers under section 211 of Land

Revenue Code.

The Collector has revisional powers under section

211. Main characteristics of revisional power is that he has
powers to take them into revision/reconsideration suo mota.
However, this right is mostly exercised from the application
of parties.

Main difference between Appellate power under

section 203 and revisional power under section 211 is that in
appeal, the witnesses may be examined further or a fresh,
while this is not in revision. In revision, case papers are
examined for by perusal of papers of lower court on decided
points. There is time limit of 60 days from the date of
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serving order of the court/officer, while there is no

prescribed time-limit in revision.

N.B. : Detailed instructions have been given by G.R., R.D.

No. CTS-122005-2809-H dated 23-4-2007 regarding
updating of record of rights of city survey areas, which
should be implemented by the collector.

Chapter – 13
Computerisation of Land Records and E-Dhara Centre.

The State Government has started computerization work of form

No. 7/12 and 8-A regarding mutations in record of rights at E-Dhara
centre of taluka headquarter. Procedure as laid down in E-Dhara manual
should be followed as under :

Roles of various officers in E-Dhara system :

With implementation of E-Dhara computerized land record

management system, existing work pertaining to land records and record
of rights undergoes change. In new system also, pubic contact and
discussions are important and roles of various officers viz. Talati,data
operator, competent officer to dispose entries, E-Dhara Dy. Mamlatdar,
Mamlatdar, Prant Officer, Nodal Officer and other are equally important.

Role of Talati :

Role of Talati is major and crucial in the work of Land records and
record of rights maintained at village level. In new system also talati
keeps liaison and consultation with the people. Thus, talatis and his role
are important. The Talati shall perform following works in mutation
changes on line.

Village :
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1. The Talati shall keep application forms, forms as per list of

necessary documents to be enclosed with application in sufficient
quantity in the office.

2. He will affix application forms and list of necessary documents to

be enclosed permanently in chavdi for information of the people.

3. When land holder submits application for mutation of title, he will

as certain whether application is made properly, whether necessary
papers and documents are enclosed. He shall also ensure whether
there are more than one mutations. If so, he will advise the
applicant to give separate application for every mutation. He shall
accept application form and issue temporary acknowledgement of
order book. He shall keep one copy of acknowledgement with the
application. He shall prepare his writing in proforma regarding
mutation entry and keep with the application.

At E-Dhara centre :

4. Mutation case file showing unique number shall be covered with

docket sheet at E-Dhara centre by signing in the respective register.

5. File shall be examined and if 135-D notice is to be issued, he will

inform the centre.

6. He will ascertain whether following papers are there in the file :

1. Application and required papers/documents to be enclosed.

2. Computer generated receipt with unique number.

3. Separate computer generated 135-D notice of concerned

holders/individuals.

4. File copy computer generated 135-D notice, in which entry

of serving is to be noted.

5. 135-D notice for computer generated chavdi.

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6. Computer generated V.F.6 entry (which is to be signed by

Talati)

At Village :

7. Details shall be entered into inward-outward register

maintained in village for mutation applications.

8. He shall serve 135-D notice to the concerned

holders/persons and obtain signature in file copy. If he
serves by post, he shall clearly note into it.

9. He will take action on replies/panchnama etc. and after

finishing the work, he will keep case papers in the file.

10. He will keep note of serving all notices, especially last notice
into notice file copy, note in the docket and inform the date
of E-Dhara centre.

11. He shall submit the file to the competent officer for decision
when he visits the village.

12. The competent officer shall get entered the decision in file-
V.F.6 print file copy. He shall sign and enter date and make
necessary entry into the docket.

At E-Dhara centre :

13. He shall hand over the file in which decision has been taken
to E-Dhara centre, make entry thereof in the mutation file
control register at the centre and sign.

14. In case of dispute, he shall adopt prescribed procedure,

inform the centre and present the dispute as well as disputed
point to register centre and scan the respective section as
well as order.
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15. When mutation entry will be entered into computer at E-

Dhara centre, computer shall decide and will receive
computerised updated print of office copy of 7/12, 8-A and
VF-6. He will note down in the relevant register of having
obtained print and sign. He will note it in file docket also.

At Village :

16. He will bring updated computerised office copy of 7/12, 8A,

V.F.-6 to the village and enter into bunch V.F.-6 register. He
will remove old 7/12, 8A from the bunch and will keep them
in a separate file as village record.

Role of competent officer who disposes entries :

1. He will ascertain mutation in boundary marks, application

forms, list of enclosures/documents are in sufficient quantity
with Talati.

2. He will enquire whether application forms and forms of

documents have been affixed in Chavdi for information of
people permanently.

3. When talati submits mutation application to him, he will

scrutinize following papers and details.

(1) Only one mutation has been mentioned in the

application.

(2) If more than one mutation are mentioned, the applicant

should be explained in that regard.

(3) Whether required documents for which changes are

proposed are in the file?
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(4) If statement/panchnama is required at initial stage,

whether such papers are in the file.

(5) After serving 135-D notice to the concerned

holders/persons and other or after duly serving them by
post, whether signatures are tallied with those in office
copy of 135-D.

(6) Check whether computer generated receipt with unique

number issued from E-Dhara centre is in the file?

(7) Whether V.F.-6 entry print generated by computer and

signed by the Talati is in the file?

(8) Whether there is docket sheet in the file?

(9) Whether proper noting/endorsements have been made

at every stage?

(10) Whether required additional statements/panchnamas

are processed and kept into file?

(11) If notice of 135-D has been served, whether remarks

have been entered into docket sheet.

4. Whether notice of 135-D has been affixed in Chavadi for

general information of the people?

5. Whether mutation applications have been entered into

inward-outward register maintained at village.

6. For mutation entries he shall note in office copy of 135-D

notice, write his decision and sign. He will write his name in
legible handwriting and write date also.

7. He shall ascertain entry/endorsement/writing in file docket

and instruct to deliver the file to E-Dhara centre. He shall
note this in village register and docket also.
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8. He shall seek regarding number of files for mutation entries

in the village, which are they and at what stage they are at
present. He shall ensure that files are processed and disposed
by serial unique number.

9. Whether Talati has obtained office copies of computerised

updated 7/12, 8-A and V.F.-6 of respective survey numbers
of the entries which were sanctioned in the past, brought to
the village and kept at proper serial number in the respective
branch register? Whether old computerised 7/12, 8-A, have
been kept in separate file as village record?

10. He shall ascertain that no handwritings are made in old

computerised 7/12, 8-A any where kept in separate file or
updated computerised 7/12, 8-A kept in bunch.

11. He shall ascertain that poster regarding E-Dhara has been

systematically affixed in Chavdi for general information of
the people.

At E-Dhara Centre :

12. He shall scrutinise and sign s-form print. He shall note it in

mutation file control register and sign.

Role of Data Operator :

1. Preliminary details of mutation application viz. relevant

survey number, holding number, details of holding number
etc. shall be filled in by front office utility.

2. Generated receipts with receipts with unique number shall be

given to the holder and keep one copy with case papers.
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3. He shall prepare new file for mutation application. He shall

write unique number on file, he shall keep case papers, copy
of acknowledgement etc. in a file.

4. When Mamlatdar, E-Dhara certifies preliminary data, 135-D

notice shall be generated in following three sets :

Set 1 : Different notice for concerned holder/person

Set 2 : 135-D notice to be affixed on chavadi for

information of general public.

5. He shall keep 3 sets of 135-D notice in file and give it to the

Mamlatdar, E-Dhara centre.

6. He shall obtain case files returned from village after decision

from concerned department/cupboard/place for data entry.

7. He shall take file one by one for data entry and process
thereon as under :

(1) If Mamlatdar, E-Dhara centre has proposed correction

in descriptive note, introduced he will carryout correction.

(2) Out of files returned after decision, 135-D notice and

V.F.-6 office copy shall be scanned and get authenticated by
Mamlatdar E-Dhara. He shall take print of V.F.6 copy and
keep in file.

(3) He shall make structured entry for file of unique

number.

(4) He will carry out corrections, if Mamlatdar, E-Dhara

has proposed for structured entry.

(5) He shall generate „s‟ from, he will scan „s‟ form

signed by competent officer. He shall note it in docket.
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(6) He shall take out computerised village print of 7/12,8-

A of relevant file, keep it in file. If the Talati is present, he
shall hand over office copies of 7/12, 8-A and V.F.-6 to him
and obtain his signature.

8. He shall show 7/12, 8-A and 6 on record screen to the

applicants who have applied for computerised copies of
7/12, 8-A and 6. After getting assurance from the applicant,
he will generate copy from the computer, will keep with the
application and hand over to Dy. Mamlatdar.

9. He shall give computerised copy signed and sealed by Dy.

Mamalatdar, E-Dhara to the applicant on getting users‟
charges and obtain his signature in the register.

10. After business hours, he shall run day-book utility of E-

Dhara centre front office and take out copies of issue list and
accounts.

11. Dy. Mamlatdar of E-Dhara shall reconcile day-book

accounts.

12. Data operator shall make entry in register at relevant stage of

each process.

Role of E-Dhara Mamlatdar :

1. He shall enquire whether E-Dhara centre office arrangement

has been arranged systematically.

2. He shall examine whether application forms, forms of list of

enclosures are available in sufficient quantity for people.

3. Control on movement register of mutation case files.

4. He shall check the arrangement that Talati obtains mutation

case files of the concerned village from particular place.
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5. He shall examine following points in mutation applications

of holder and explain to the holder :

(1) Whether application has been made in proper form?

(2) Whether only one change has been proposed in the

application?

(3) Whether enclosures are with mutation application.

6. He will check preliminary details of mutation applications

entered into computer by the data operator. If necessary he
shall get corrected otherwise certify biometric.

7. When the application is received after entry and process, he

shall check following details into the file :

(1) Whether office copy of computer generated receipt

with unique number for acceptance of mutation application
is enclosed?

(2) Whether three sets of 135-D notice are properly in the

file?

(3) V.F.-6 computer generated note is enclosed.

(4) Mutation unique entry number and name of village

have been shown on the file.

(5) Whether docket has been entered into the file?

8. While visiting E-Dhara centre, he shall see that Talati notes

in the register the mutation entry and tally.

9. If talati proposes to issue additional 135-D notice, he shall

note properly in the file and generate three sets of revised
135-D notice, keep in file, take note in the docket, cancel
three sets of old 135-D notice in the file. However, he shall
allow to keep them in file.
 246

10. He shall hand over mutation file to the Talati to take it to the
village for processing. He shall take signature, name of the
talati and put date. He shall place suitable note in the docket.

11. When mutation file returns from the village after decision,
he shall cause to note in the register.

12. He will examine following particulars in the file which has

been returned after decision there on from the village.

(1) Whether there is entry of each stage in the docket?

(2) Whether papers of every stage are in the file?

(3) Whether competent officer has taken decision on

computer generated V.F.-6 entries.

(4) Whether there is proper endorsement on docket in the

file when it came to taluka head quarter from the village
after decision thereon.

13. He shall see that mutation files returned from the village
after process are taken up for structured data entry work by
data operator.

14. He shall authenticate 135-D notice and V.F.-6 entries office

copy after scanning by the operator. He shall keep in the file
the print of V.F.-6 entries scan copy.

15. Dy. Mamlatdar E-Dhara shall scrutinise structured entries

made by data operator. If necessary he shall get it corrected.

16. He shall get S-Form signed by competent officer who has

sanctioned note, scanned. He shall authenticate bio-metric.
He shall give effect in data.
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17. He shall make proper entry in data operator file docket of

authenticated structured entries and set the file to data
operator.

18. He shall keep village copy print of 7/12 and 8-A generated
and updated by the operator shall keep in file. He shall make
suitable entry in the docket of mutation file.

19. Place the file in pigeon hole with updated 7/12, 8-A and
relevant register.

20. He shall hand over office copy of entries of 7/12, 8-A and
V.F.-6 to the Talati while his visit to E-Dhara centre, note it
in the docket of mutation file, obtain signature of the talatis
and make appropriate endorsement thereon.

21. On completion of the proceedings, he will send mutation file

to record room as permanent record. He shall make proper
note in the register, get it signed with date. He shall enter
record room register number as cross reference.

22. When the applicant seeks updated 7/12, 8-A or mutation

entry or copy of V.F.-6, it will be shown to the applicant on
screen, ascertain from him, operator will take out its print
and he shall observe it.

23. He shall make necessary checking of the print and sign it

with stamp and hand it over to the operator. The operator
shall take prescribed fee, obtain signature of the applicant in
the form shown at the end of chapter 11 and he shall see that
it is given to the applicant.

24. If the applicant has requested to see on 7/12, 8-A, 6 on

screen, he will arrange for it.
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25. After business hours, he will run E-Dhara centre by data

operator the day-book utility of front office will issue copy
of the list and get copies thereof. He shall tally account/cash.
He shall sign copy of issue list, account copy register.

26. Income accrued as per front office utility shall be deposited

into Fund account fixed by the government in the evening
everyday and if necessary twice a day.

Role of Mamlatdar

During Visit of Village :

1. Whether details have been inserted into inward-outward

registers to be maintained at village for mutation
applications?

2. Whether application forms for mutation in boundary and

forms of documents to be enclosed are kept in sufficient
quantity by Talati in his office. He will ensure regarding this.

3. He will ensure whether application forms and forms of

documents to be enclosed have been affixed in chavadi for
information of the people permanently.

4. He will ascertain number of files of mutation entries in the

village and their stages. He shall also see that process on
files and disposal thereof are made by serial number of
unique numbers.

5. He shall also verify whether computerised updated forms

7/12 and 8-A of the concerned survey numbers for which
entries have already been made have been obtained by Talati
at village level and placed at proper serial number in the
bunch and also whether he has kept them in separate file
concerned old computarised 7/12, 8-A as village record.
 249

6. He shall ascertain that there are no handwritings anywhere

whether in computerised updated 7/12 and 8-A placed in
bunch or in old computerised 7/12 and 8-A kept in separate
file.

7. He shall enquire whether E-Dhara is totally maintained in

the village.

At E-Dhara Centre :

8. He shall examine whether mutation application forms, forms

stated in the list for enclosures are available in sufficient
quantity at E-Dhara centre.

9. He shall see whether E-Dhara is totally maintained at E-

Dhara centre.

10. He shall plan to hold regular and periodical meetings of

the committees of Taluka Core Group and Taluka
Implementation Committee.

11. He shall take surprise checking at E-Dhara centre and

ascertain whether regular back-ups are taken.

12. He shall check the accounts to see that register of fees

received for copies of 7/12 and 8-A regularly or at intervals
is maintained and fees are credited to the government.

Reporting to the government

Following four statements should invariably be submitted to

state Monitoring cell, Gandhinagar during 1st to 5th of every month.

Statement- I (For each taluka) : Monthly statement of income

from the sales of computerised copies.

Statement- II (For talukas where on line mutation has not been

started, but batch-process has been started):
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Sr. No. Name of District Name of Taluka

1 2 3

Progress report of entries into computer of

mutation entries by batch process.

Statement- III (For talukas where online mutations have been

started) : On line mutation work report.

Statement- I : Monthly statement of income from the sales of

computerised copies (for each taluka)

Statement –I Conti. Copies issued – Numbers

upto last month During current month Total Sales

Village Village Village Total Village Village Village Total Village Village Village Total
Form Form form-6 Form Form form-6 Form Form form-6
7/12 8-A 7/12 8-A 7/12 8-A
4 5 6 7 8 9 10 11 12 13 14 15

Statement- I Contd. Ending date :

Income from Sales of Copies

upto last Month During current month Total Remarks
16 17 18 19

N.B. :- In addition to holders, administrative copies are also issued without

charging any fees. Monthly account of issue of administrative copies is
as under :

Statement –I-A Administrative copies issued

Copies issued - Numbers

upto last month During current month Total distribution

Village Village Village Total Village Village Village Total Village Village Village Total
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Form Form form-6 Form Form form-6 Form Form form-6

7/12 8-A 7/12 8-A 7/12 8-A
4 5 6 7 8 9 10 11 12 13 14 15

Statement –II : Progress report of entries into computer of mutation entries by batch process
(For taluka where on line mutation has not been started, but batch process has been
started)

Sr. Taluka Total Villages upto last Month- Numbers of entries

No. Villages under
E- Received Enter Received Entered S- Permanent
Dhara temporary temporary permanent permanent Form
print
1 2 3 4 5 6 7 8 9 10

Statement II : Cont.

During current month – Numbner of entries

During Current month Total

Received Entered Received Entered S- permanent Received Entered Received Entered S- Effected
temporary temporary perm- perm- Form temporary temporary effectual effectual Form
anent anent print perm- perm- print
anent anent

11 12 13 14 15 16 17 18 19 20 21 22

Statement III : Oneline mutation; work report.

(For talukas where online mutations name

Sr. Taluka Total Villages upto last Month- Numbers of entries

No. Villages under
E- Applications Applications Admitted Admitted S- Perm-
Dhara submitted submitted temporary perm- Form anent
by applicant by Talati anent issued
1 2 3 4 5 6 7 8 9 10

During currentmonth-Novemberof entries Total number of entries

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Applic- Applic- Admitted Admitted S- Perm- Applic- Applic- Admitted Admitted S- Perm-
ations ation temporary perm- Form anent ations ations temporary perm- Form anent
submitted submitted anent issued submitted submitted anent issued
by by Talati by by Talati
Applicants applicant

11 12 13 14 15 16 17 18 19 20 21 22

Role of Prant Officer

During Visit of Village :

1. Whether details have been entered into inward-outward

register to be maintained at village for mutation entries?

2. He will ensure whether applications for mutation in

boundary and forms of documents to be enclosed are kept in
sufficient quantity by Talati in his office.

3. He will ensure whether application forms and forms of

documents to be enclosed have been affixed in Chavdi for
general information of the people permanently.

4. He will ascertain number of files of mutation entries in the

village and their stages. He shall also see that process on
files and disposal thereof are made by serial number of
unique numbers.

5. He shall also verify whether computerised updated forms

7/12 and 8-A of the concerned survey numbers for which
entries have been obtained by Talati at village level and
placed at proper serial number in the bunch and also whether
he has kept them in separate file concerned old computerised
7/12, 8-A as village record.
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6. He shall ascertain that there are no handwritings anywhere-

whether in computerised updated 7/12 and 8-A placed in
bunch or in old computerised 7/12 and 8-A kept in separate
file.

7. He shall enquire whether E-Dhara is totally maintained in

the village.

During visit of E-Dhara Centre:

8. Overall supervision on E-Dhara Centre.

9. Perform all duties at E-Dhara centre regarding all services at

Nodal officer for all talukas under him.

10. He shall monitor on each case of data verification by fixing

percentage, which may be kept as under :

(1) Talati – 100%

(2) Circle Officer – 50%

(3) Mamlatdar – 10%

(4) Prant Officer – 5%

11. He shall periodically inspect whether government

instructions are duly observed, shall visit E-Dhara centres
under him and give necessary guidance to the staff.

12. As Prant Officer has been provided GSWAN connectivity,

it shall use software and give suitable instructions to
monitoring cell.

13. Hold regular meetings of taluka core group and taluka

implementation committees.
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14. He shall make surprise checking of E-Dhara centre and

ascertain whether regular back-ups are taken.

15. He shall check at regular interval issue register of copies of

7/12 and 8-A, accounts, remittance as per government
instructions etc.

Role of District Nodal Officer :

1. Overall monitoring of E-Dhara operation of talukas.

2. Coordination of reporting of E-Dhara operation of talukas.

3. Coordinated reporting of SMC/RD work of E-Dhara

operation of the District.

4. Implementation of communication plan.

5. Planning and coordination of taluka and district level

committees on E-Dhara.

N.B. : Written intimation of 135-D notice and instructions to be

made by Postal Department from E-Dhara centre of taluka
have been issued by Government Circular, Revenue
Department No. HKP/102007/916-J dated 21-3-2007.
Accordingly, it has been decided to modify serving systems
to be performed by Talati to concerned parties for 135-D
notices from E-Dhara centre and to give written intimation;
of 135-D notice to the concerned parties under certificate of
posting from E-Dhara centre. All the Mamlatdars shall
implement this.

Important Points – E-Dhara

1. Collector as a custodian of Land records should see that E-

Dhara centres are run as per E-Dhara operation Manual.
 255

2. He should ascertain as to whether Taluka Implementation

Committee and Core Group Committee meets regularly.

3. Collector should functions as „Watch Dog‟, so as to avoid

any major irregularities with the government land as well as
land holders.

4. Surprise visits should be made and arrangement for smooth

functioning of E-Dhara be arranged to remove hardships
being experienced by people.

5. Should ensure that mutations are timely entered into village

form 6 and entries are finalized within stipulated period as
per law, rules and government instructions.

6. Training to Dy. Mamlatdar, E-Dhara be imparted.

7. Periodical review of E-Dhara be done.

8. Random checking of Record Promulgation be done.

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Chapter – 14

Record Promulgation

Importance of maintaining accounts of lands are superior to

principles of Gujarat Financial Rules in the administration of Land
revenue. That is why system has been prescribed in Manual of Revenue
Accounts for accounts. Certification of this account is known as record
promulgation. Rules 110 and 111 of Land Revenue Rules, 1972 and
Manual of Revenue Accounts provides for promulgation of revenue
records of village, which is to be considered.

Land Revenue Rules – Rule 110

When Sub-Divisional Officer, in view of number of entries and

mutation diary directs to do so, index of land should be rewritten by
entering all the mutations included upto the date prescribed by the
officer.

Land Revenue Rules – Rules 111

(1) When it is reported that index of rewritten lands have been

prepared, the collector or sub-Divisional Officer should fix date
and issue notice to interested persons to remain present in the
village or at the place specified in immediate nearest place. It
should be informed that applicant may examine the index even
before that date.

(2) The Collector or Sub-Divisional Officer should compare new

copy of index with old index and mutation diary. If any of the
persons present wants to hear, such part shall be read over to
him and to make any necessary amendment therein.

(3) Then the officer who has duly verified the new index should
sign on it and should write such certificate that he has duly
verified entries and found correct.
 257

Now record promulgation work has been undertaken on

the basis of computerised 7/12 and record of rights (Village
Form No.6) at E-Dhara Centre. Following procedure has to be
done in view of provisions of Land Revenue Rules and Manual
of Revenue Accounts for record promulgation.

1. Village Forms No. 7/12 shall have to be rewritten after

every ten years, because there is space to make entries for only
ten years in part 12. Moreover, rewriting shall not be done
simultaneously in all the villages, but it will have to be written
for few villages. A list should be prepared in August every year
and inform Mamlatdar and Circle Officer to examine the record
thoroughly. He should arrange to go to all villages at an earliest
to solve disputed statements, inheritance and penalty notes and
certify all entries of villages form No. 6 till his visit. After all
these are done, the talatis should be ordered to rewrite changes
in village form No. 7.

2. When talatis is order to rewrite whole village form

No.7, he should do as under :

(1) He should check whether all possible mutations upto

this date have been made in village form No.6.

(2) He should see that as many as possible have been

ascertained.

(3) Then after he should complete corrections in form No.

7 and examine them.

(4) In order to see that there may not be mistake and

nothing is left out he should tally the facts viz. occupier, farmer,
and other title holders written against names with those
counterparts in form No. 6. Moreover, every entry in village
 258

form No. 6 should be well entered into form No. 7 and tally
them.

(5) All the erased facts should be abounded and the matter
which remained unerased should only be extracted.

(6) When index is rewritten, the area, assessment and

names entered last should be recopied. However, all former
mutation entries till the last entries are rewritten should also be
extracted. In order to see that there is no break in the change to
events, this is necessary. There is no importance of 30 years old
entries. Index from which new copy has been made is to be
retained upto 30 years.

(7) If any matter has been required to be added in making

copies or the matter has been required to be written above the
line, the list of all cases in which hissas or columns such as
been done should be entered at the end of index. If this is not
done, amendment or matter written in the middle may have
been written subsequently with intention of fraud may be
suspected. Talati may explain the effort to make undue
amendment that correction was made at the time of copying.
Date of completion of index should be written. Then after
checking of 10% in form No. 7 rewritten, checking of writing
of ten survey number should be checked and ascertain that they
have been neatly written.

Village form No. 7/12 and village form No. 6 are basic
documents for promulgation of record of rights. Government
has introduced a scheme in 1981 to maintain bunches of village
form No. 7/12 in bound volume, so that record is preserved.
Instructions for promulgation of records were issued vide
government circular No. RAM-1080/12173-L dated 10th June
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1987, in which instructions were issued to rewrite record after

every ten years.

If the burden to rewrite 7/12 forms of all villages of the

entire district in one year, comes up, the officers may not cope
up with the work. In view of this work of rewriting 7/12 of 20%
villages of taluka was completed every year and record was
promulgated. Thus, all revenue villages of the district were
covered as per rotation under record promulgation within a
period of ten years.

After computerisation of Revenue records,

Government has issued following instructions regarding
promulgation to all implementing officer vide government
resolution No. RAM/102006/1063/L-1 dated 12-6-06.

(1) Records computerised village form 7/12 shall be

promulgated according to existing provisions regarding record
promulgation.

(2) Scrutiny of the promulgation shall be made by Circle

officer, Mamlatdar and Prant Officer according to prescribed
percentage.

(3) For this procedure, bunches of 100 forms of

computerised 7/12 shall be bound simultaneously, tally with
record of rights and promulgated.

(4) Promulgation work shall start with lowest population

of the respective taluka.

While implementing above instructions statutory

provisions shall be complied. Circle officers should check
100% record, Mamlatdar 25% and Prant Officers 10%. Total
responsibility on record promulgation shall lie on Prant officer.
 260

While promulgating record, all the survey numbers of the

village should be promulgated. Provisions do not allow prant
promulgation.

As regards record promulgation, misunderstanding

prevails among revenue officers that only 7/12 are to be
rewritten. In fact, Revenue Accounts Manual provides that
while rewriting 7/12 forms, all mutation entries in village form
No.6 should be examined with record. Moreover, village form
No.1 should be reconciled with K.J.P. in the village. By doing
so, any malpractice has been done or if anything has been left
shall come to the notice and it may be corrected by obtaining
order. Root cause of mistakes found in name of holder, land
tenure, area was owing to non-tallying of original manuscript
with computerised record for the first time. Now, when
authorization has to be made by record promulgation, all the
mistakes that have been came to notice should be corrected by
corrigendum. For this purpose „correction module‟ has been
found risky. It has been pointed out so at this stage, because at
present promulgation work is going on. Rules of Manual and
computerised rules should be observed till it is completed. This
is necessary for Revenue Officer.
 261

Chapter- 15
Proceedings to be made by Collector in Revenue Cases and Appeals.

1. Collectors are required to carry out important work concerning

revenue cases. He has to try the cases mainly under following
laws/rules as per appeal/revisional powers :

1. Bombay Land Revenue Code, 1879 and Gujarat Land

Revenue Code, 1972.

2. Gujarat Agricultural Land Ceiling Act, 1960 Amendment

Act, 1976 and rules there under, 1961.

3. Bombay Tenancy and Agricultural Lands Act, 1948 and

rules there under, 1956.

4. Mamlatdar Court Act, 1906.

5. Saurashtra felling of trees Act,1951.

1. Appeal :

(1) If Prant Officer has tried and decided the case, if the
applicant is aggrieved by the decision, he may appeal to the
immediate superior officer, that is, collector under section
203 of Land Revenue Code, 1879.

(2) If Dy. Collector and Prant Officer has decided on record of

rights, decide the revisional application to be made to the
Collector under rule 108(6) of Gujarat Land Revenue Code,
1972.

(3) Time-limit of 60 days has been prescribed for appeal.

(4) He has to enclose certified copy of lower court order, copy

of appeal to be given to the opponent and court fee stamp
of Rs. 25 to be affixed are to be enclosed.
 262

(5) When appeal is made, it should be ensured that all the

concerned persons are made parties. If not, the appeal
should be returned and he should be asked to given fresh
appeal, so that matured decision may be taken.

(6) If any power of attorney has been submitted with appeal, it

should be checked. Either original or certified copy should
be accompanied. It should be seen that provisions of 3-A as
well as that of serial No. 45(f) of Schedule-I of Stamp Duty
Act, 1958 are complied.

2. Revision Application :

If the collector finds it necessary to examine decision of

any subordinate Revenue Officer he may suo moto call for record
to ascertain its suitability. He has to enquire and decide its
suitability in revision. During touring or during checking of
revenue record if any matter comes to his knowledge, the
collector may give opportunity for hearing in suo moto revision
and decide the issue.

(1) If any irregularity is found in record of rights under rule

108(6) of Land Revenue Rules, he may suo moto take it in
revision and decide.

(2) In the coordinated resolution regarding lands held for

agricultural purpose on Sales restricted (new and
indivisible) tenure under G.R., R.D. dated 18-12-04, in
order to remove restrictions of new tenure and their
conversion into old tenure, provision has been made by
serial No.5 and process of total seven points has been
prescribed. The collector had such powers. However, by
provision 5(4), these powers have been vested into
 263

Mamlatdar. As laid down in para 5(1) of coordinated

resolution, it is hereby ordered to convert into old tenure
subject to the condition there under as well powers vested
under the provision 5(4) of the said resolution. The Prant
officer should review the cases decided by Mamlatdar
under para of 5(4) under powers vested in him under para
5(4)(2) and make proceedings as per rules. No revenue
officer shall examine or change the order issued by him or
his predecessor. Such review/revision powers are under
section 211 of Land Revenue code. Subordinate officers
below the rank of Dy. Collector/Asst. Collector have no
powers to revise the orders of subordinate officers.

(3) Difference between Appeal and Revision.

(1) Subordinate/lower courts have those powers to

look/examine matters which they have in appeal.
Time-limit has been prescribed for appeal in Land
Revenue Code, but there is no time-limit for revision.
If a revenue officer has exercised powers, it is not so
that other higher officer or state government may not
revise it. Order of first officer who has taken in first
revision, his immediate higher officer or state
government may take them under revision within
reasonable period.

(2) Prant Officer and Dy. Collectors (Land reforms)

enjoying powers of collector may take subordinate
court cases under section 76-A of Tenancy Act.
Moreover, witnesses may be examined afresh or
further, while in revision, the papers are to be
examined for limited purpose on perusal of the court
 264

papers. No new evidences are to be taken. Thus,

there is limited field in revision, while there is no
limited field in appeal.

(3) As regards time-limit in appeal, the appeal may be

considered under limitation Act and if delay may be
condoned on merits, he may condone delay and may
process appeal.

(4) Interim stay-order in Appeal.

(i) If application for stay-order has been submitted

along with the said appeal separately, the officer of the
court to when appeal has been submitted has to decide it.

(ii) If appellant has prayed for interim stay order and if

his reasons therefore are found proper, stay order should be
given at once. It is not proper to accept demand of stay
order in cases in which lands or government interest in
involved.

(iii) If reasons are not proper and if application for stay

order is rejectable, it may be rejected. But it should be
intimated in writing. The cases in which it is necessary to
hear the parties personally, notices should be issued to the
parties, date of hearing be informed, they may be heard and
decision may be taken. It is necessary that the procedure is
quick. Speedy decisions may be taken in cases in which
stay order has been granted.

(5) General standards for interpretations of documents.

When parties produce any documents with appeal or

at the time of personal hearing, they should be thoroughly
checked and their authentic copy should be kept with the
 265

case. If document, revenue record has not been recorded,

the mutations that take place should be kept inview.

(6) Procedure to be adopted in cases when application pertains

to matter for which proceedings are going on in Civil
Court.

(1) Accordingly to Bombay Revenue Jurisdiction Act,

1876, Civil Courts have jurisdiction to decide almost
all cases decided by Revenue officers under Land
Revenue Code.

(2) Civil Court shall not entertain the claim till the
claimant establishes that he has exhausted all
remedies regarding appeal to Revenue officers.

(3) On account of these provisions, it has been stopped

to seek remedies for every matter to the civil court
and most of the matters are decided by the Revenue
Courts.

(4) When the cases are tried in the Civil Court and if
such application is made under Revenue law, it
should be enquired whether there is any stay order
from the Civil Court.

(5) It should be seen whether authenticated copy of stay

order is enclosed with the application. If there is stay
order, it would not be proper to take decisions.

(6) However, in cases where stay order has not been

granted but the party has made application, the
Revenue officer may decide the case on merits and
evidences produced in the Revenue Court.
 266

(7) Details of appeals filed before the collector under

Revenue laws/rules :

Sr. Types of Cases Under which section/rule the

No. appeal may be admitted.
1 2 3
1. Disputes of Rule 108(5) of Land Revenue
record of rights Rules, 1972.

2. Section 37(2) of According to instructions issued

Land Revenue vide government circular,
Code. Revenue Department No.JMN-
1087/3807/L Dated 15-6-92, if
disputed land has been decided to
be of private ownership, the
concerned competent officer has
to submit the case to his
immediate superior competent
officer for observation. The
Collector is empowered to take
these types of cases for
observation/.review which have
been decided by Prant Officer.

3. Investigation The Collector has powers to hear

under section appeals made against the decision
5(2) of of Prant officer on revision
Mamlatdar applications under section 23 of
Court Act, the Mamlatar Court Act, 1906.
1906.

4. Cases for Decision is to be taken on hearing

violation of appeal under sections 7(1), 9(1),
Bombay 9(2) and 9(3) of Bombay
Prevention of Prevention of Fragmentation and
fragmentation Consolidation of Holdings Act,
and consolida- 1947. Appeal may be made to the
teon of collector against the order of Dy.
holdings Act, Collector.
1947.

5. Lands granted Collector has to review orders

under new issued by Prant officer in
 267

tenure are made observation and decide them.

under old
tenure for
agricultural
purposes.

(8) The collector has to decide appeal/revisional applications

as follows under Bombay Tenancy Act, 1948.

Sr. Types of Cases Under which section/rule the

No. appeal/revision may be made.
1 2 3
1. Cases decided 1. Appeal may be made to
by Mamlatdar Collector under section 74 of
under various Tenancy Act.
sections of 2. He has powers to decide
Tenancy Act. appeals under section 74-A of
Tenancy Act.
2. Cases decided All the cases decided maybe taken
by Mamlatdar in revision and they should be
under various decided under section 76-A of
section of the Tenancy Act.
Tenancy Act.

(9) Revisional powers under Agricultural Land Ceilings Act.

Sr. Types of Cases Under which section/rule the

No. appeal/revision may be made.
1 2 3
1. Case decided 1. He has powers to hear appeal
by Mamlatdar and decide case under section 35
under of Agricultural Land Ceiling Act,
Agricultural 2. He has powers to take into
Land Ceilings revision the decision of
Act, 1960. Agricultural Tribunal under
section 35.
3. Collector has powers to decide
appeals under section 42.
 268

7. Cases, Appeals, Procedure for cases under Revenue

laws.

1. General

(1) Issue notice in prescribed form.

(2) Serving of notice to all parties.

(3) Notice should be served to the parties

interested in record.

(4) Notice should be served to nominated

officers/employees where government interest
is involved.

(5) If any party has died, his heirs should be

brought on record and they should be served
notice. According to law, any order against a
dead person is nullity care should be taken to
see that no such order is issued.

(6) Proof of serving notice to each party should be

taken on record.

(7) Proceedings of the case should be written

regularly and in detail.

(8) Page numbers and Exhibit numbers should be

given to the case papers.

(9) Judgement of the case should be informed to

all concerned parties in writing and proof
thereof should be kept on record and it should
be noted in proceedings. When government is
 269

a party, copy of the orders should be given to

the concerned officer.

(10) Entry of the order should be made in village

record and its copy should be kept on record.

(11) If appeal or revision is made after judgement,

all the papers should be given page numbers
and deliver to the respective authority and his
written acknowledgement should be obtained.
Papers are at present not traceable is
irresponsible reply. Inspite of repeated
letter/reminders, non-sending of case record is
breach of discipline and his behaviour invites
suspicion.

(12) On receiving order from Appellate/Revisional

authority, case should proceed further, notices
should be served to the parties as per order and
entry should be made in village record.

(13) If any Appellate/Revisional authority has

issued stay order, talati-cum-mantri should be
informed to make entry in form 7/12 and E-
Dhara centre.

(14) When case is in trial court, depositions of

parties should be obtained on oath. It should
be insisted that the parties should produce
original documents or secondary evidences
only. Xerox uncertified documents should not
be accepted as evidences.
 270

(15) After complete study of provisions of law,

rules, government resolutions, circulars, legal
steps may be taken. At the stage of decision
provision of law should be read again.
Judgements of Hon. High Court and Hon.
Supreme Court are considered Law of the
Land. All officers should be well conversant
with these judgements for interpretation of the
law.

(16) If previous orders and points to be decided on

issues shown in the application are same, there
is obstruction of Res judicata. In these
circumstances, the applicant should be given
an opportunity to clarify on it and case should
prime facie be decided.

(17) The applicant who applied again has hindrance

of previous statements, agreements and
principle of estopple. This should be
ascertained from previous record.

(18) In the case of restricted land tenure or new and

impartiable tenure, when it is requested to
remove new terms, the officer who has
ordered to impose new terms, may not have
powers to alter or amend the order. Therefore,
no order should be made outside jurisdiction.

2. Proceeding of Tenancy Cases :

(1) When any application is received under

Tenancy Act, all mutation entries of village
 271

record and copies of 7/12 should be obtained.

It should first of all be ascertained whether any
proceedings are going on regarding disputed
land and if such proceedings have been made
the case papers should accompany and
proceed further.

(2) The Collector/Dy. Collector has powers to call

for record of the case within only one year
under section 76-A of the Tenancy Act. No
proceeding may be made after one year by
calling papers.

(3) As stated in section 43(1)(B), Mamlatdar and

Agricultural Tribunal formerly issued orders
under section 70(0) to remove restrictions on
restricted tenure type lands under Tenancy
Act. and they were approved by the collect.
On review, it was found that it has harmed
financial interests of government very much.
Powers vested under section 70(0) of Tenancy
Act. are now vested into collector in view of
section 43 of the Tenancy Act. Now, all such
powers have been vested into government vide
government circular, Revenue Department
No.GNT 1095/2693/ Jh dated 7-10-2005. Such
orders irrespective of provisions of section
43(1-B) of the Tenancy Act being harmful to
financial interest of government has after
careful consideration laid down detailed
guidance and procedure to remove restrictions
 272

under 43(1) on restricted land tenure and they

are to be implemented accordingly.

(14) The land acquired by government under

section 84-A and purchased under section 32-
P of the Tenancy Act, stand ineffective, lands
in collector pool or received by government
under land ceiling Act. should be disposed of
in time. This should get wide publicity in
prescribed form. If demand is received from
only one person it should be advertised again.
If the land is in possession of tenant, notice
should invariably be given to him.

3. Examination process of entries made in Revenue

records.

(1) It should be ensured that notices under section

135-D have been served all interested parties.

(2) If there are transactions of transfers, various

laws viz. Agricultural Lands Ceiling Act,
Tenancy Act, Fragmentation of holdings Act.
New tenure of land should be referred. If
breach of more than one laws is found it
should be seen whether procedure to propose
entries in revision was processed by the officer
deciding the entry. Steps are not taken in
reasonable time-limit, as a result government
loses cases. Enquiry should be taken in
revision. It should be incessantly observed that
Prant Office may remain active in this regard.
 273

(3) It has been established by various judgements

of Hon. High Court and hon. Supreme Court
that it is considered that government is in
know of illegal transaction when entry is made
in revenue records. If the government does not
take any action within one year from the date
of entry regarding breach of condition or under
any law after reasonable lapse of time. Such
types of judgements have been given. It is
therefore responsibility of officer who
sanctions or rejects to see that procedure under
relevant law is taken up with in time-limit.

(4) While examining entries, the laws found to be

violated, papers should be submitted to the
competent officer to proceed further under
relevant law.

(5) If any objection is received regarding entry of

any order, the application may not be noted in
to dispute register but should inform in writing
to the appropriate competent officer to make
appeal/revision and should certify entries as
per order. Entry by order may not be rejected.

(6) When the matter like sales of agricultural

lands to non-farmer, illegal sale of land of new
tenure, even though ceilings case are pending
sale of lands by land-owner, sale of
fragmentation of holdings, non-agricultural
work in violation of section 65, sale of land for
definite purpose, change of purpose in leased
 274

land or act of breach of condition etc. came to

his notice as government officer he should
take measures immediately as per law. Order
of lower courts have been revoked by Hon.
High Court and Hon. Supreme Court because
measures have not been taken within
reasonable time-limit. Care should be taken to
take action within time-limit.

(7) Entry should invariably be made of every

order of competent officer and registered
document in village record. Eventhough land
has been acquired/resumed togovernment,the
concerned owners have adverse possession
and they claim. Care should be taken in this
regard.

(8) As regard mutation entries, orders are to be

issued in view of Land Revenue Code/Rules,
government resolutions and instructions from
time to time and merits and demerits of the
cases. If the decision of mutation entry is
harmful to government interest, it should be
considered seriously. In the case of parties,
law and government instructions should be
followed. Judgements of Hon. Supreme Court
and High Court concern the specific case.
They are useful for information. Generally,
decision may not be taken against government
standing instructions.
 275

4. Proceedings on Land Revenue Cases :

(1) Construction are made in private lands without

obtaining sanction for N.A. under section 65
of Land Revenue Code and unauthorized
constructions are made by encroaching
government lands. Such constructions should
be removed by legal proceeding immediately.
After long duration, difficulties arise on
account of judgements of Hon. High Court to
remove such constructions/encroachments.
Delay, should therefore, be avoided.

(2) As regards enquiry under section 37(2) of

Land Revenue Code, reluctance prevails in
producing proper and necessary evidences in
favour of government Responsible officers
should, therefore take care to impart necessary
guidance to his subordinate officers/employees
and should see that total and proper evidences
are produced in favour of government
generally, the evidence of the person who
produces record is not taken. Record in favour
of government should be produced and take
deposition of concerned employees.

(3) Judgement under section 37(2) of Land

Revenue Code should be served to the
respective parties. If the judgement is in
favour of private person, the higher officer
should be informed immediately by personal
letter with copy of judgement.
 276

(4) Touring officer should be entrusted with

definite responsibility regarding unauthorized
encroachment and unauthorized construction
should be stopped.

(5) If the land is given on rent by any order,

permission under section 60 and handing over
possession should be made in presence of
allotees Panchnama showing boundary and
measurement of land should be got prepared
under the signature of possessor of land, so
that wrong litigations may not arise in future.

(6) In the proceedings under sections 79(A) and

39 of Land Revenue Code, memorandum
showing Panchnama, statements and position
of land should be so systematically prepared
that the question to lose case in higher court on
account of some lacuna may not arise.

(7) In order to decide premium while granting

government land or converting new tenure into
old tenure, the Panchnama regarding market
price and details of extracts of sales and sales
of surrounding lands should be so carefully got
prepared that Dy. Town Planner and District
evaluation committee may not have difficulties
in fixing market price.
 277

Chapter – 16
Non-agricultural Permission (Section 65 of Land Revenue Code)

Agricultural land holders apply for permission for various Non-

agricultural uses of such land. Before granting sanction for N.A.
purposes of such lands, it should be seen whether the applicant is legal
possessor of the land and whether there are any government control viz.
new terms, restricted tenure or subject to premium for N.A. purposes.
Moreover, cause of dispute has arisen or in continuing in any civil
courts regarding title to land is to be kept in view. The record regarding
land is with Mamlatdar. When these points are asked to the Mamlatdar,
he has to carefully opine for it. Legal provisions for N.A. permission
and orders regarding sanction for N.A. purposes may be noted down in
village record. Mamlatdar has to see whether applicant has complied the
conditions of such orders. As collector has to enforce these in his
jurisdiction. Study of legal position regarding implementation of these
provisions become inevitable, which are as under :

1. Non-agricultural permission is required to be taken under

following provisions of Land Revenue Code (N.A. use of
agricultural land)

 Sections 65(1), 65(2), 65(a), 65(b) of Land Revenue

Code, 1979.

 When N.A. permission has not been taken but its use has
been started, the steps to be taken under section 66 but
for breach of condition of N.A. section 67.

 Land holder legally holding land only (who has legal

rights or land holder) can apply for N.A. permission.
 278

Area tobe granted N.A. Competent officer to

permission grant N.A. permission
Municipal Area Collector
Municipal Corporation Collector
Area
Cantonment Area Collector
All areas other than the said Concerned District
area (Including rural areas) Panchayat.
N.A. permission for honest Collector
industrial purposes with (Irrespective of urban area
retrospective effect) section of rural area)
65-B

2. Can Collector delegate powers of N.A. permission to Prant

officer?

No, among absolute powers with him under proviso (7) of

Chapter-2 in Land Revenue Rules, 1972, section 65 regarding
N.A. permission is also included. The Collector, therefore cannot
delegate powers of N.A. permission to his subordinate Prant
Officer (Vide instructions of Revenue Department dated 9-2-
1988 and 18-5-2002).

3. Maximum limit to sanction/reject application for Non-

agricultural permission.

At present statutory time-limit of granting N.A. permission

to all the areas of the state is maximum 90 days (three months).
However, simplification introduced in working method and with
a view to bring speed in work government has decided following
time-limit :

(A) Maximum time-limit is 45 days for granting N.A.

permission for residential purpose in whole state.
 279

(B) Maximum time-limit is 60 days for granting N.A.

permission for other purposes in the entire state.

4. If the land is used without having N.A. permission, what will

happen?

 In government G.R., Revenue Department No.BKP-1080-

59560-K Scheme of penal action has been published for
unauthorized act of N.A. under Act and rules.

(1) Following penal procedure should be adopted for

unauthorized N.A. use of land under sections 65, 66 and 67
of Land Revenue Code :

(i) Penalty under rules 100, 101 and 102 of Land

Revenue Rules.

(ii) Removal of unauthorised construction or make

alteration init.

(2) Unauthorised construction of N.A. land may be

divided under following types/sub-type and penal
steps are to be taken as stated against them :

Type of unauthorized N.A. Penal action to be taken

1. When N.A. use has been started without seeking/
obtaining permission

(A) If permission would 40 times of non-agricultural

have been sought, it would assessment per annum
have been granted according (Every year or for its part.
to rules. Construction would
have been without
permission but coincides
with construction laws,
Ribbon Control Rules and
Town Planning Scheme.
 280

(B) Even permission would To take measures to

have been sought it would remove unauthorized
have been rejected. It does construction.
not coincide with
construction of buildings.
Ribbon control Rules,
Zoning, Town Planning
Scheme and Seriously
violating construction law.

(2) Permission would have been sought but would

have started construction before expiry of prescribed
time-limit.

A. Case is entitled for 10 times of yearly

permission according to N.A. assessment
rules. (every year or its part)
B According to provisions of Take measures to
rules case is entitled for remove construction.
rejection. Construction
does not coincide with
Building construction
Rules, Ribbon Control
rules, Zoning, Town
Planning Scheme etc.

3. Eventhough rejected undertook unauthorised

construction.

A. Started unauthorised To take measures to

construction. When it came remove construction.
to the notice of competent
officer, he has clearly
refused to construct, which
may be violating rules.
B. Sought permission but To take measures to
when it is found violating remove construction.
rules, permission has been
rejected.
 281

C. Permission would been Twenty times of

sought and proposed yearly non-agricultural
construction coincides with assessment.
rules, but some missing
details would have been
disallowed on account of
technical reasons and the
applicant would have
started construction prior to
getting permission.

4. Construction violating section 67 or conditions of

Sanad.

A. Made alternation without Ten times of yearly

construction permission on N.A. assessment.
anauthorised additional
construction, but does not
violate rules.
B. Construction might be To take measures to
violating constructions as remove construction.
well as rules.

5. Permission first obtained of Five times of yearly

Local self governments N.A. assessment
viz. Municipality, (Every year or for its
Municipal Corporation, part)
Construction would have
been as per rules but
started construction
without getting due N.A.
permission under section
65 from competent officer.

6. Types of N.A. unauthorised cases.

Penalty under rule 101- Use of Penal proceedings

clay of land for Brick-kiln, tiles, under G.R. No. BKP
pottery industries which may 1183-3038-K dated
adversely affect price of land. 20-09-1984.
 282

Cases other than those mentioned above of when competent

officer may not issue final order according to penal

proceedings or if any case is found considerable, such cases

should be submitted to government with complete details

and they have to implement/get implemented of

decision/order of the government.

5. Can permission granted for N.A. be revoked?

Following instruction have been given in this regard :

(1) If the conditions/purpose for which N.A. permission was

granted and those conditions/purpose are violated. N.A.

permission should not be revoked, but they should be

driven out after summary procedure as per Land Revenue

Code/Rules from such land and penal action may betaken

as stated above for the whole period till he fulfils the

condition and then regularize it after procedure, if it is to

be regularized,

(2) The cases in which N.A. permission has been granted

temporarily, it is to be clearly mentioned in the order of

permission itself that during continuance of permission, he

shall not sell, mortgage, gift, exchange, transfer by will or

by any instrument. If he does so, the permission shall

 283

automatically stand revoked. (Purchase of such provision

is that persons may sell lands temporarily converted into

N.A. Land to other persons and when the permission is

revoked subsequently, they may be restored as agricultural

land. Thus non-farmers may be farmers-landholders of

purchased lands).

(3) When any land has been converted into N.A. land under

rule 91 of Gujarat Land Revenue Code, 1972 and then

when the land holder applies to the collector, he may

cancel N.A. assessment and restore the land in status quo

position.

As stated in para (2) above, generally such

application/ demand/ request should be disallowed and if it

is necessary to do in special circumstances, the collector

should ascertain that the land in question has not been

transferred and the farmer who was owner and possessor of

the land immediately before the land was granted N.A.

permission and even today he continues as owner and

possessor of the land in revenue record. This provision is

also to see that non-farmer may not become farmer and

holder.
 284

6. Tax/assessment to be recovered for non agricultural use of

lands.

- Recovery of conversion Tax : As per section 67-A of

Land Revenue Code. (This new section has been

introduced since 1-8-1976).

- Recovery of N.A. assessment : As per section 81 of Land

Revenue code. (This assessment is recovered every year).

7. Present rate of conversion tax has been effected since 1-5-2003

vide Land Revenue Code, 1879 (Amendment Act, 31-3-2003)

as under :

Area in which land is situated . Conversion When N.A.

Tax (per Sq. use is for
meter) for industrial
N.A. use viz. purpose or for
temporary or any other
for residential purpose.
purpose or for
charitable
purpose.

According to Census- 2011

when any village, municipal
bureau, notified area or
town/city has population –
Not exceeding one lakh Rs. 6
Rs. 2
Exceeding one lakh Rs.30
Rs. 10
 285

8. Powers have been vested in to issue notification classifying

area, cities, towns and villages into A, B, C clases and for that

that purpose to fix rates of N.A. assessment under

Government Notification Revenue Department No. GHM-

2083/ 71-M- LRR-10-2002-1640 (1)-K.

Following revised rates have been applied effective from 1-

8-2007 of non-agriculture vide draft notification dated 21-6-2007

of Gujarat Land Revenue (Amendment) Rules, 2007.

Type of city/village For For For

residential, Bricks commercial
charitable manufa- and other
and ctuaring purposes
educational and other
purposes industrial
purpose

1 2 3 4

„A‟ class : 25 paise 50 paise 80 paise

All municipal
Corporation areas, city
areas, Development
Authority and
Gandhingar city area.

„B‟ Class : 15 paise 30 paise 40 paise

All Municipal areas
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„C‟ Class : 10 paise 15 paise 15 paise

Areas not falling in‟A‟
and „B‟ class above.

9. For City Areas, N.A. permission and construction permission

are different (Segregation of N.A. permission and building

construction permission)

It has been decided as under vide Government Resolution

of Revenue Department dated 16-2-2004.

- When any applicant applies for N.A. permission under section

65, the proposed lay-out plan is not to be checked by

Collector/Revenue Administration (concerned Municipal

Corporation/ Municipality/ Urban Development Authority/

Area Development Authority is responsible in this regard.

- Collector/District Development officer has to check title to the

land, Land Tenure (whether land is new tenure and premium

is recovered, whether premium is obtained?)

- After getting N.A. permission under section65 of Land

Revenue Code, permission for Development construction are

given by the concerned officer and then only N.A.

use/construction may be started.

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10. N.A. permission with retrospective effect for honest industrial

purposes (Deemed N.A.)

When agricultural land is situated outside five kilometers

from the limit of last development Scheme or development

scheme draft under Town Planning Act, 1976.

OR

When agricultural land is situated in development area/in

area notified as industrial zone in T.P. Scheme and any

entrepreneur or industrial unit wants to use the agricultural land

for honest industrial use, they do not require to obtain pre-

sanction of collector under section 63 of Bombay Tenancy and

Agricultural land Act, 1948, section 54 of Saurashtra Gharkhed

and Agricultural Land Ordinance,1949 sections 57 and 87 of

Bombay Tenancy Administration Settlement and Agricultural

Land Act. (Kachchh and Vidarbh areas), 1958. If such

agricultural land is to be used for honest industrial purpose for

N.A. use, pre-permission of Collector/District Development

Officer is not required under section 65 of Land Revenue Code.

(1) However, land to be used for such honest industrial

purposes is with restrictions under section 43(1) of Tenancy

Act, he may sell it subject to payment of amount as decided

by state government. That is, premia shall be recovered on

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lands with restructed Tenure and restricted with new terms.

Moreover, necessary permission shall be granted for lands

with provision of section 73-AA of Land Revenue Code.

For this purpose, Gujarat Tenancy Administration and

agricultural lands (Amendment) Bombay Land Revenue

(Gujarat Amendment) Act, 1997 has been applied. It should

be implemented accordingly.

(2) Land holder who starts N.A. use of agricultural land for

honest industrial purposes, has to apply to the Collector

within 30 days from the date of starting N.A. use and

inform him also. Such application shall be made in

application form prescribed under rule 87-A of Land

Revenue Rules.

N.B. : It has been complained to the government that

Revenue Administration does not give N.A. permission for

longer period with retrospective effect for honest industrial

purposes. It should, therefore, be ensured that Prant Officer

should keep vigil to such matters and complied promptly.

(3) Instructions have been given to remove hardships found to

purchase land by such industrial units under

„Fragmentation of holdings‟. Accordingly when industrial

units/enterprise/company wants to purchase land for

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industrial purposes and such land has been registered as

„Fragmentation‟ or when he proposes to purchase land is

not „fragmentation‟, but forms „fragmentation‟ of

remaining land left after purchase of required land for unit,

no prior sanction is required to purchase land. However, in

such cases, the concerned entrepreneur shall have to apply

to the collector within 30 days in such cases after purchase

of land and then the collector will accord sanction

retrospectively.

11. Jurisdiction of Collector in non-agricultural cases.

(1) When agricultural land holders-occupiers apply to

competent authority to grant permission for N.A. use of

land, Mamlatdar is assigned the work to verify that they are

legal occupier of such land and then to give opinion.

Whether this opinion is proper is to be ascertained.

(2) Opinions are given after verifying that interest and title of

the land in question are clear as per revenue record; that

such land is subject to premium of old tenure/new tenure

land or for N.A. use; whether there is any dispute regarding

title and interest. It should also be ascertained that opinions

are given after examining carefully that there is no loss to

financial interest of government.

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(3) It should be examined whether Mamlatdar and Agricultural

Tribunal have given clear opinion as regards Tenancy Act

or restricted tenure land and whether any dispute or claim is

going on.

(4) It should also be verified whether the said land is under

acquisition, whether U.L.C. hinders to it and whether there

is any dispute regarding any title.

(5) It should be examined whether measurement fee has been

recovered. If not, it should be recovered before granting

sanction.

(6) Instructions should be given to initiate actions for breach of

condition/penalty under section 67 by attesting/ inquiring

whether these agricultural lands are being used for non-

agricultural purpose as per order after it is sanctioned for

non-agricultural purpose.

(7) But, note should be taken in “record of rights” for

permissions given for non-agricultural purpose to such

agricultural lands in the jurisdiction areas for this purpose

and after the measurement, the K.J.P. should be prepared

immediately and it should be not in the Village Form No. 6

accordingly and it should be well decided about giving its

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effect. So, it can be easy in recovery and in deciding the

regular annual demands.

2. City Survey Area (Special Act.)

(A) All the Mamlatdars have to implements the following

instructions given to all the collectors by a letter of the Settlement

Commissioner and Land Records Director by his letter No.

SVCTS-gam No. 2/06-07 dt. 4-10-2006 in regard to recovery of

non-agricultural produce (Special Act) and to make it latest the

revenue records of Village records and city survey areas.

1. Under section 126 of the Land Revenue Code, 1879, after

getting non-agriculture permission of lands used for agricultural

purpose and coming in the city survey areas declared, though the

Act, of city measurement is applicable as per para-6 of the city

Measurement Rules collection, its effect is not given in the city

survey records. The main reason in it is that the orders of non-

agricultural land are not being sent to the city survey office and its

effect is given at Village record or at Village record and City

Survey records. Thus, both the records of village and city survey

of Revenue Administration are not latest.

2. As per Rule 81 of the Gujarat Land Revenue Rules,1972,

the Recovery statements (Village Form No. 2) of the non-

agricultural produce ( Special Act.) implemented from 1-8-2003

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by a notification of dt. 26-12-2003 by the Government are not

being maintained properly in the offices of the Village records

and city survey. Due to this, the revenue income of the Govt. is

adversely effected.

3. By amending section 128, 129 of the Land Revenue Code,

1979 by the Gujarat Act, 24/81 of the Land Revenue Rules, 1972

by the notification No.GHM/82/18/ LRR/1081/K dt. 21-1-1982,

the exemption on lands of Revenue Exemption (Customary

Exemption) of gamtal in the KH and H class cities is partially

withdrawn from 1-8-81. Accordingly, no recovery is being done.

(KH) Following should be considered for the above matters.

1. Instructions have been given to give its effect and to enter

notes except agriculture in the property card of city survey, by

closing Village Form No. 7x12 on receiving permission except

agriculture of survey Nos. of agriculture situated in city survey

areas by the following circulars/Resolutions of the Revenue

Department of the government. In which, (1) the circular No.

CTS/1090/H dt. 27-12-95 of the Revenue Deptt. Of the Govt. and

the Amendment done in it by d.t 3-7-06(2) Government‟s

Revenue Department circularNo.CTS/1090/3990/H dt. 20-7-1999

(3) governments Revenue Departments Circular No.

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CTS/1090/3990/H dt. 15-10-99 (4) Governments Revenue

Departments circular No. CTS/122004/H dt. 16-2-2005, these

instructions are not properly followed. So many city survey

officers are maintaining property cards of such lands whether it

may be non-agricultural or agriculture and the same survey Nos.

are maintained by the talatis at the Village Form. So, it is

necessary to implement the above circulars at the time of

promulgation of city survey records and thereafter also.

2. About Non-Agriculture Special Act, the city survey office

should prepare in two copies the Village Form No. 2 of such

properties eligible for Special Act. situated in city survey areas by

the Government‟s Revenue Departments circular No.

CTS/1090/3990/H dt. 20-7-99 and its one copy should be sent to

the Talati. The work of recovery should be done by the Talati is

the instructions of the government and in its context, the detailed

instructions with its specimen have been given about how to

prepare it in two copies of the Village Form No. 2 to all the city

survey offices of the state by the settlement Commissioner‟s letter

No. LR 1320/99 dt. 9-9-99. This sample should be prepared in

two copies, three parts and supplementary part-I and the sanad

should be approved by the Prant officer and it should be sent to

Talati for survey and thereafter the effect of notes about changes
 294

in the lands/properties registered in Village Form No.2 being of

kept in his office, should he given by the city survey office and

the statement of the same (village) should be sent to talatis and

the talatis should give its effect in Village Form No.2 and both

should be compiled (city survey office and Talati office) and

made it latest every year by the end of July and it should be

recovered accordingly. It has come to the notice that instructions

given are not carefully implemented and due to this, recovery also

is not properly made.

3. The exemption has been partially withdrawn on

lands/properties with customary Revenue Exemption of Gamtal

under section 128 of the above Act. by amending in the Land

Revenue Act, 1879 by the Gujarat Land Revenue Code 24/81 and

government‟s Revenue Departrment‟s Notification

No.GHM/821/18/LRR/81/ K dt. 21-1-1982. In which (1) @ 1090

of the existing special Act. if use of residence in such lands is

started after 1-8-81 and and (2) of it is used for commercial or

industrial purpose except residence insuch properties, then there

are instructions to recover (Special Act.) at 33½% of the existing

Special Act. The above notification was made applicable from 1-

8-81 to cities/towns of BL KH and H categories and classified

under Land Revenue Rules, 1981. Recently, as per the

 295

amendments made by Notification No.

GHM/2003/71QN/LLR/10-2002/164(1)-K dt. 27-12-2003 with

effect from 1-1-83 in the rates of Spl. Act. and classification of

village/city of L.R.R. 1981, M and BH categories for Spl. Act. of

lands except agriculture. So, the above Spl. Act, is applicable

from 1-8-83 in all villages/towns of the state as per notification dt.

26-12-2003 and from 1-8-81 in old Bh, KHL, H category cities,

the above Spl. Act. in all villages/cities of the state. With the

publication of notification dt. 1-8-81, the Settlement

Commissioner by his letter No. LR 1312 dt. 21-4-82, instructed to

send to Mamlatdars for recovery by sanctioning of Special Act,

as per exemption withdrawn as supplementary part-1 of Village

Form No. 2 to all City Survey officers of the state, and it was

implemented in the BL, KHL and H Category cities at that time.

However, the work of recovery in such cases may be pending,

because any details of the recoveries have not been verified,

whether it has been done or not by the Mamlatdar/City Survey

Superintendents or the Collectors.

(G) Considering details as above about this and a note received

on27-9-06 of this office of the Principal Secretary, Revenue about

the above matters, procedure should be initiated as follows point

wise by all the Dist. Collectors, Dy. Directors, Land Records,

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Superintendents, Land Records, Dy. Collectors (Prant Officers),

Mamlatdars, City Survey Superintendents etc.

1. Elucidation about non-agricultural lands in city survey

areas as declared under section 126 of L.R. Act, 1879.

(1) If the approved copy of the order of non-agriculture by the

competent officer sanctioning non-agricultural lands is not sent to

the concerned city survey office with the plan, it should he sent

immediately and the copy of such orders to be issued in future

with plan, should be sent to the concerned city survey office, such

instructions should be given immediately to the competent

officers to give permission except for agriculture.

(Implementation by the Dist. Collectors).

(2) The work should be completed within a maximum period

of one week at 10 survey Nos. daily jointly by Talati, Circle

Inspector and Maintenance Surveyor about submission to the

concerned city Surveyor about submission to the concerned city

survey office immediately the papers/chapters about sanction of

non-agriculture with the copy of notes of next all Village Forms

No. 6 and non-agriculture of so-called survey number with a copy

of Village Form No. 7 x 12 pages closed to give its. Effect in

Gam N No. 7 x 12 by entering in Village Form No. 6 the Notes

 297

about to close Village Form No. 7 x 12 from Talati

Records.(Implementation by Revenue Unit).

(3) Note should be entered on Property Card immediately on

receiving non-agriculture papers and notes of Village Form No. 6,

Village Form No. 7 x 12 to city survey office, to classify property

card plot wise by measuring section as per sanctioned plan. It

should be entered on the city survey records as per circular No.

LR 847 dt. 10-2-75 of the settlement Commissioner by measuring

10 plots or 3 survey Nos. daily the work of measurement at the

place and 10 survey Nos daily and the work of entering note by

compiling, after verifying papers by Maintenance surveyor under

the direct supervision of concerned city survey superintendent. If

measurement of non-agricultural plots have been completed

earlier, then as per this, by compiling with city survey records,

effect should be given, otherwise fresh measurement should be

done. Instead of recovering measurement fee, it should he

recovered as scatch fee. Along with this, by entering above notes

in part-2 in the register of Village Form No. No.2 the demand of

Spl. Act. should be made latest. (Implementation by City Survey

Unit).

2(1) As per the instructions given by circulars from time to time

and by the circular dt. 27-12-95 of the Revenue Department of the

 298

government, the city survey office has to maintain statement of

concerned Village Form No.2 with it and in city survey areas

declared under section 126 of L.R. Code 1879 the statement of

Rights of the lands except agriculture. About recovery of Spl. Act.

except agricultures as per the instructions given by circular dt. 2-

7-99 of the Revenue Department, of the Government, if the city

survey office has not prepared G.N. No. 2 in two copies, then it

should be sent to Talati through Mamlatdar for recovery by

preparing in 2 copies the G.N. No. 2 as per instructions of the

settlement Commissioner dt. 9-9-99 within one month

immediately after completion of the work of entries in property

card as per the above (g)1 (1) to (3). (Implementation by the city

survey Establishment).

(2) Village Form No. 2 is to be prepared by taking into notice

the customary exemption withdrawn with effect from 1-8-81 and

the rates implemented from 1-8-2003 as per notification dt. 26-

12-203 of the Revenue Department, Government of Gujarat

(Implementation by City Survey Establishment). One copy of

G.N. No. 2 should be sent to talatis through Mamlatdar for

recovery and to recover it accordingly and it is traceable at

Village record the demand as per above G.No.No. 2, which

should be looked over carefully by the concerned Mamlatdar.

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(3) Regarding Exemption withdrawn from 1-8-81.

(1) Care should be taken to see that recovery is made according

to the preparation of supplementary part-1 of Village Form no. 2

as per notification dt. 21-1-82 of Revenue Department of the

Government by talatis, Mamlatdars for areas except city areas and

by city survey office if it is city survey Area for the cities of BL,

KHL and H Categories as per the land Revenue Rules, 1981 from

1-8-81 to 31-7-2003. (Implementation by Revenue

Establishment).

(2) As the Village Form No.2 Supplementary Part-I is to be

prepared by giving effect of exemption withdrawn from 1-8-81 in

all the villages/towns/cities of the state from 1-8-2003, where

there are city survey areas, there city survey office and except

these areas, there will be Talatis, circle Inspectors and

Mamlatdars will have to prepare the Supplementary Part-1 of

Village Form No.2 and care should be taken by all of them that

recovery is made accordingly. (Implementation by City Survey

and Revenue Establishment).

(3) Supplementary Part-I of Village Form No.2 for city survey

areas, there will be city survey office, as per instructions of above

 300

g(3)(2) and for other areas, Talatis will have to prepare it.

(Implementation by the concerned).

(gh) For the implementation of the above instructions, the

District Collectors, Dy. Directors, Land Record, Superintendents,

Land Records, and Dy. Collectors are requested to plan as

follows:

(1) Monitoring of the entire procedure should be done by the

collectors of District Level.

(2) The Collector should plan to complete this entire work by

31-12-2006 and fortnightly review of the subordinate

officers should be done and progress report should be

submitted to the principal secretary, Revenue Department

and the settlement Commissioner without fail in a form

enclosed herewith.

(3) Dy. Director, Land Records, Superintendent, Land Records

and Prant Officers should convene fortnightly reviews

meetings with city survey Superintendents and Mamlatdars

and should ensure that the work is accurately done as per

the planning of the collector and should make aware the

collector by submitting him the progress report at every

fortnight.
 301

(4) City Survey Superintendents and Mamlatdars should

convene weekly reviews meetings with the maintenance

Surveyors and Talatis and see that the work has been

carried out as per the planning of the collector and submit

progress report to the Dy. Director, Land Records,

Superintendent, Land Records and Prant officers.

(5) The Dist. Collectors will have to issue necessary orders to

depute the Kashba Talatis under the concerned city survey

superintendents until the entire above work is completed.

3. Assessment Recovery of non-agricultural Rates :

Necessary guidance has been provided about the

amendment in the Land Revenue Rules and Land Revenue code

by Governments Revenue Departments Resolution No. BKHA-

1080-676-K Dt. 25-4-80 and Revenue Departments Circular

No.LRR-1079-83582-L dt. 17-9-79. Guidance and instructions

have been given as follows for recovery, assessment of non-

agricultural rates etc.

(1) Lands of Railway Administration :

The lands under Railway Administration are not eligible for

land revenue until they are under the Railway

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administration. But, when such lands are given to the third

person, then especially revenue exemption could not be

given to these land, they are eligible for revenue.

(2) Lands of Former Princes :

The lands reserved by former princes for their own use,

after merging their states and if they are used as non-

agricultural, then recovered from the date of merging the

state. So, the Collectors have to recover from the date of

merging of the state as per the existing rate of non-

agriculture on all the land in the concerned areas which

lands are under non- agricultural use. But, if the private

properties of former princes are situated in the established

gamtals, then by not maintaining any difference between

them and other land owners, customary exemption is

available to the type properties of other land holders as per

the non-agricultural type and accordingly, customary

exemption of non-agricultural type should be given to the

private properties of the former situated in the established

gamtals. Moreover, the government has decided that the

properties of other land owners situated outside the

gamthan, then non-agricultural rate is recoverable on the

private properties of the former princes situated outside

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gamthan as per payment of non-agricultural rate according

to the rules and regulations about this.

(3) A. All India Radio : Non-agricultural rate is to be

recovered by calculating for commercial purpose the use of

their lands and the construction of All India Radio.

B. Gujarat State Road Transport Corporation:

The areas of Divisional or Head office and Depot

Office of the Gujarat State Road Transport Corporation‟s

ownership in the different parts of the state can be

considered as for the industrial purpose and the residences

of employees, quarters of Depot Manager, Rest House and

areas of dormatory can be considered as residential area,

while, the Administrative office building, bus station and

area of Bus stand can be considered as for commercial

purpose and as per this, the non-agricultural assessment for

the concerned area is to be assessed. Under section 7(1)(9)

of the Gujarat Education Cess Act. surcharge is to be

charged at 76% of non-agricultural assessment and in the

same way, under section-12 of the above Act.

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(4) Gujarat Industrial Development Corporation: (GIDC)

Gujarat Industrial Development Corporation allots

agricultural lands to the industrial units after some time by

plating such lands after acquiring/getting it for industrial

purpose, to prepare lay out plans of lands before giving

possession of the lands to industrial entrepreneurs and to

distribute plots etc. as it takes a very long time in such

process, when the possession of land is actually given to

the industrial entrepreneurs of such lands by the

Corporation then from that date, means on the date on

which the possessing of the land is given, the non-

agricultural type should taken from that revenue year.

These orders have come into force from 1-9-76.

(5) The recovery of the non-agricultural amount at present is

being recovered in the first installment at a time regarding

the recovery of Land Revenue and as per this, it should be

continued as directed in Rule -117 of the Land Revenue.

(6) The old gamthans of villages, towns and cities, on which

the buildings are constructed and they have been given

customary exemption from the recovery of the non-

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agricultural Act, not any change has been made in this

tradition.

(7) It is to be recovered and assessed as per existing orders of

the Government and Land Revenue Code and Land

Revenue Rules. The non-agricultural Act. on lands under

that building given to them under rules under that and the

displaced persons (Compensation and Resettlement) Act,

1954.

(8) Non-agricultural Tax to be recovered by considering it as

non-agricultural use to install telephone poles and towers

on private lands. So, the non-agricultural rates are to be

recovered and assessed at 25 paise per tower and 12 paise

per telephone pole in the entire state.

(9) When the land of small belt of nearer land of manager of a

house is sanctioned under rule 43-B, then if the any

assessment or rent is not being paid for the above manager,

then in such case the collector can charge rent or

assessment the current rate of that area as per rate and if

such assessment is not more than Re. 1, then there is a

provision to convert into adhoc amount under rule 114AA.

(10) Regarding construction of Pucca sheds on wells :

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If the land owner uses water of well for his own agriculture

and there is a well in his own gharkhed land, then the sheds

constructed to install pumpset on such well should be

treated for agricultural use, and the rate should be charged

at the rate of non-agricultural rates. But, if the owner is

earing money by sale of water from the well, the such use

should treated as commercial use and prescribed non-

agricultural rate under rule 81 should be charged.

Moreover, if a floor or crushing mill is installed in the shed

on the well, then treating it as commercial use the

prescribed non-agricultural rate should be charged.

Treating as non agricultural use the constructions of “Shed”

on well, necessary sanction is a must of the competent

officer before constructing it. So, the recovery of non-

agricultural rates can be charged in time and the rules of

construction can be properly implemented.

(11) Regarding Lands of ONGC :

The lands being acquired for ONGC are not eligible for

exemption from non-agricultural Act. under rule 35 of the

Gujarat Land Revenue Rules. So, non-agriculture rate is to

be charged as per rule on all such lands. If the amourt of

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non-agriculture rate is not more than Re.1, there is a

provision to convent it into adhoc amount under Rule

114/A/A. Non-agriculture rate will not be converted in any

other case.

(12) If underground water pipelines are installed for industrial

use, for certain part of land of his own part or survey No.,

then in such cases, non-agriculture rate should be charged

for the land, which has been taken in use for installing

actual pipe-line, the land equal to survey No.

(13) To give exemption to Helpatis and Valmiki Harijans :

Looking to the background of the life of Halpatis, the

Government has decided to give relief to them in recovery

of non-agriculture assessment on the gharthar lands, with a

view of to enable them to own their house and their welfare

and has also decided to give relief to Bhangi Harijans on

the same terms and conditions.

Non-agriculture assessment should be recovered at the rate

whichever is less rate as per rule prevalent in that area or

equal to one assessment of land revenue for Halpaties.

After completion of first five years, if collector is satisfied

that owner halpati, Valmiki Harijan is not able to pay non-

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agriculture assessment at prevalent rate in that area, then

non-agriculture assessment should be charged from him for

another next five years as above, and thereafter non-

agriculture assessment will be charged from Halpati

Valmiki Harijan at the prevalent rate of non-agriculture in

that area subject to change from time to time. The Valmiki

Harijan Halpati will have to pay tax vars which will be

chargeable except non-agriculture assessment on the Land

in question.

(14) To grant Sanads for non-agriculture Permission during

the time of Vadodara State.

In the times of Vadoara State, there was no tradition of

during any Agreement in the form of Sanad or to give

Sanads in case of non-agriculture permission, and if they

were not given, then in such cases. Sanand is to be given in

specimen „N-2‟ or „M‟ attached with Land Revenue Rules.

In the above cases, though Sanand are not given, then the

conditions imposed by the Vadodara State, the same will

continue. Changes will be done only in Special Act and

time of guarantee will have to be shown.

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(15) When any change in the Guarantee period for non-

agriculture rate is made or it is decided in new cases, then it

is necessary to change in the period respectively in the

concerned chapter the rate of period as decided. Moreover,

non-agricultural land owners should be informed about the

fixed period or change in period by giving reference of

Government orders, so that no question assises about any

law.

(16) As per new Land Revenue Rule 81, in such cases where

more amount has been taken than the recoverable non-

agriculture assessment for the Revenue year 1976-77,

additional amount should be given back to the concerned

Khatedars except the concerned Khatedars are agreed to

adjust against demand of Revenue Year 197-78 and if they

are agreed for that then instead of giving back this amount,

it should be adjusted accordingly. The powers to give this

amount back are given to the collectors/ Dist./ Taluka

Panchayats. The expenditure about this will be debited as

Refund under the budget head “029- Land Revenue- tax 2-

fixed collection- Agricultural and no Agriculture

Assessment of Lands”.
 310

(17) If the lands of local bodies like Nagar Panchayat, Nagar

Palika, then there is no any objection to take non-agri

assessment rate on it.

(18) If local bodies like Nagar Panchayat, Nagar Palika gives on

lease or sales to the private persons the lands of acquired

(waste) roads, then non-agriculture assessment should be

taken as per rate lannder hand Revenue Rules 80 to 85.

(19) Generally, when the owner of the land does not leave over

in favour of local body the lands of roads out of the land

given for non-agriculture permission, the land owner has to

pay the non-agriculture assessment up to this period. But,

the owner of the land gets exemption when it is vested in

the local body from the payment of non-agriculture

assessment for land‟s of such roads, i.e. the owner of the

land is responsible to pay non-agriculture assessment upto

the period of it is vested in the local bodies the land of

such roads.
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Chapter -17
Ribbon Development Rules

For maintenance of Ribbon Development Rules and prevention of

violation of such rules in respect of National Highways and State

Highways and roads of other category Revenue Department has issued

resolution no. PV-1079-2064-K dt. 17-7-80, in which following

standards have been introduced :

Construction and standards of Ribbon Development Rules (from

central line of internal roads in metres)

Category of Area of open and Inside 3 miles of Inside construction and

road field land construction and Industrial area
industrial area
Constr- Ribbon Constr- Ribbon Constr- Ribbon
uction Develo- uction Develo- uction line Develo-
line pment line pment pment
1 2 3 4 5 6 7
1. National 40 75 40 60 A-10(x) A-36.5(x)
Highway B- 24 B- 45
and
border
roads
2. State 40 75 40 60 A-10(x) A-36.5(x)
Highways B=24(x) B- 45(x)
3. Main 30 55 30 50 A-10(x) A-36.5(x)
District B=24(x) B- 40(x)
Level
roads.
4. Other 20 35 20 30 A-10(x) A-20(x)
district B=12(x) B- 20(x)
level
roads
5. Village 12 24 12 24 A-9(x) A-14(x)
roads. B=9(x) B- 14(x)
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Following extra standards may be implemented over and above

standards shown above.

1. National Highways and boarder roads passing through open and

field area shall be subject to following conditions as per

instructions of Govt. of India.

These conditions shall not be applicable to three miles

inside „construction and industrial area‟ on actual „construction

and industrial area‟. These conditions shall not apply to other

roads.

 No construction (whatever excess it may be) will be

allowed upto 3 to 6 metres from mit of road and upto 40

metres from main line of road (from central line)

 Ribbon development shall be maintained on construction

done upto the boundary of 75 metres from central line of

road and such construction work shall be done with prior

permission of collector. There shall be no ribbon

development for construction outside the boundary of this

75 metres.

 In (1) & (2) mentioned above about 40 metres & 75 metres

boundary from central line of road height of constructioin

shall not be allowed more than 13 metres.

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 On any category of road line of construction from central

line of road for bye-pass or diversion shall be minimum of

100 metres.

2. About petrol pumps and construction work relating to it.

For petrol pumps for construction shall be permitted at the

distance of 6 metres away from boundary of road for each

category of road and each kind of bye-pass or diversion or 30

metres (whatever is more) from central line of road. This limit is

for place of pump only. Underground tank and kiosk for petrol

diesel shall be constructed at the distance of 4 metres or more

(about 12 feet) from the petrol pump. Other works relating to

pump shall be at a distance more than this and rules of lay out

plan of Indian Road Congress shall be applicable to it.

 For other works of petrol pump construction on road like

canteen, garage, restaurant, workshop, washing ramp,

washing platform, lubricating etc. shall be permitted at a

distance of maintenance of 15 metres from limit of road or

50 metres (whatever is more) from central line of road.

 A part of road limit for petrol pumps shall be allowed for

approaches only, and proper culverts below approaches

shall have to be managed by licensed. In the road limit no

board or advertisement shall be allowed to be installed.

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3. For above standards following details shall be taken into account :

(1) Open and field land area :

All area out of limit/boundary of any village site,

town or city or industrial area. (The open area between

construction area or industrial area shall not be considered

in such category).

(2) Construction area : The area which pases through limit of

any village site, Nagar Panchayat, Nagar Palika or

corporation and where building construction is done and

area where rules and regulation are in force for construction

of any local body, this area is divided in two parts, and

distance to be maintained is shown in table A & B. These A

& B area are as under :

(1) An area in which 50% or more construction is done

on road line or which is situated in old boundary or

boundary prior to last five years.

(2) Other are a in which less than 50% construction is

done and it is situated within boundary prior to last five

years.

(3) The distances shown in table „A‟ & „B‟ are applicable to

constructed area. These standards will also be applicable to

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the area of industrial area covered under constructed area.

Standards of table „B‟ shall apply to area where industrial

area B out of constructed area.

(4) In order to know whether constructed area is more than

50% or less and belongs to category „A‟ & „B‟, length of

open land on both sides parallel to road and that of

constructed area is required to be measured. For example,

ten plots of different length are situated parallel to road and

floor plots there in are constructed and remaining 6 plots

are open. When length of these four constructed plots is

less than 50% of length of road, it is to be taken that less

than 50% area is under construction. For this calculation

length of road should taken as 1.5 km. (1 mile).

(5) Industrial area : The area which has been declared as

industrial area by Govt. or area which under control of

G.S.D.C. or wherein industrial estates are situated or

cooperation or industrial estates of other company are

situated or which is outside boundary of any village site,

Nagar Panchayat, Nagar Palika or Corporation and herein

permission for establishment of industries are given are

called industrial area.

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(6) Actual Limit : Bombay which is within limit of village

site Nagar Panchayat, Nagar Palika or corporation is called

actual boundary.

(7) Approaches : Area of first three miles of each category of

road in three miles area after the limit of construction and

industrial area, where there is no distance between limit of

village site, nagar and city and nearby industrial are all that

distance shall be considered as construction and industrial

area, and road joining three miles shall be considered out of

this entire limit.

(8) Bye pass or diversion : Newly constructed road done from

outside of each village site, Nagar and city shall be taken as

bye pass or diversion. Where diversion is to be built late on

line of diversion is decided, diversion shall be banned.

(9) Line of construction : The line out of which permission is

given to construct residential house, small centres,

godowns and buildings relating to agriculture should be

considered as line of construction. The construction of

small godowns or godowns the use of which is limited to

season and traffic of vehicles maynot increase in

surrounding area due to such construction and vehicles

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passing from road are not obstructed and size of such

constructions are about 30 to 12 metres ( 100 x 40) or less

than that and which are permitted maintaining standards of

construction line and such other godown are included under

ribbon development. The construction inside the diversion

wherever they are should be kept 20% from construction

line. This distance is to be considered from central point of

road.

(10) Ribbon : Generally factory, works and large godown,

cinema, hotels, dispensary or all constructions where

movement of people & vehicles is done are to be kept out

of ribbon development. This distance is to be considered

from central point of road.

(11) Road limit : Limit of road means the land which has been

acquired to construct road and it is owned by govt. or

panchayat and entire land situated between mile stones of

limit of both sides. No construction shall be permitted in

limit of road in any circumstances.

4. For the construction coming on boundary road, national highway

and state highways collector or D.D.O. executive engineer of

roads & buildings concerned shall give permission for N.A. or

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construction subject to standards of ribbon development. For

construction coming on main district level roads collector, D.D.O.

or executive engineer of Panchayat division concerned shall give

permission for N.A. or construction and for any kind of

construction on other district level roads and village roads, the

collector or D.D.O. shall give permission for N.A. or construction

subject to standards of ribbon development. Government has

decided to take strict against officer who grants permission in

construction of rules.

5. When permission is to be given for construction on any road in

the alternative that permission will be granted by government

with the consent of revenue department, road & building

department in advance.

6. When proposals for regularizing unauthorised works by relaxing

ribbon development rules are submitted to govt. by collector or

D.D.O. disposal of such cases are delayed for want of adequate

information. Hence collector or D.D.O. should submit their such

proposals with their report furnishing following information, so

that such cases can be disposed of early.

(1) Real name and category of road (specific if it is boundary

road).
 319

(2) Whether road is bye pass or conversion? (State the name)

(3) Whether construction is to be done inside the diversion of

road?

(4) At what specific distance the construction is from central

line of road?

(5) What is the category of relevant construction among the

following?

(a) Residential, office, small centre, godown,

agricultural building, factory, works, large godown, cinema, hotel
or hospital.

(6) In which area „N.A. land‟ or „construction‟ is situated?

(a) Open and field land area.

(b) 3 miles inside construction and industrial area.

(c) Inside actual construction and industrial area.

(7) If „N.A. land‟ or „construction‟ is situated in area shown in

6 (c) :

(a) Whether 50% or more construction is done on road

line?

(b) Whether 50%or less construction is done on road

line?

(c) What is the standard of local body (Panchayat/

Municipality etc. if any?
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(d) Whether industrial are is there outside construction

area?

(8) Who has granted permission and when for „N.A.‟ or

construction.

(9) Whether construction is done without permission of „N.A.‟

or construction?

(a) If construction done without-permission, actually on

what date it was started?

(10) Whether consent of Superintending Engineer or executive

Engineer of Road & Building department has been obtained
for „N.A.‟ or construction?

(a) If yes, produce copy of their letter.

(b) If not, state why of was not obtained?

(11) Produce plan showing site and position.

(12) State reasons in short why alternative permission is

granted.

7. The boundary line showing maximum 105 cm. high compound

wall, wire fencing on land some pillars shall be permitted to

construct in such a way that vehicles may not have visual

obstruction on any part of the road or especially on diversion and

there can be no difficulty in clear vision to vehicles passing

speedily, after having relaxation in standards of ribbon

development and obtaining „No claim‟ declaration in form

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prescribed under government resolution no. PRD-1053 Dt. 9,

March, 1954.

Rule 121 of petroleum rules of central government

provides that height of compound wall or fencing should be

minimum of 180 cms. Hence government has decided to give

relaxation in rules for construction of compound wall, wire

fencing, boundary line upto 180 cms as per petroleum rules of

central government for construction like petrol pumps after

obtaining no claim declaration. (Resolu. No. 1087-1412-K dt. 9-

10-87).

8. It is very necessary to see that said rules are followed strictly so

that aim of ribbon development rules are fulfilled. Looking to this

fact all collectors, D.D.Os. and other officers of concerned of

Revenue and Panchayat department are here by directed to take

necessary action preventing immediately the constructions made

unauthorisedly against ribbon development rules on sides of

NHWS, SHWS and other classified roads, when items to their

notice or informed or repeated by office of R & B department,

and to issue stay order and to have eviction proceedings to

remove such works without delay, local revenue, Panchayat

officer shall be held responsible personally and necessary action

will be taken against him who do not follow such instructions and
 322

showing negligence or making unnecessary delay. Note of this

may taken by all officers concerned.

In such cases officers of R & B department should submit

to collector complete report giving necessary all detail and clear

place of the site about unauthorised construction works, based on

which collector may take immediate action as per rules.

9. The construction works like wells and rooms nearby for engine

and pump and trough and basin and construction of bore or boring

being construction for agricultural purpose should be taken as

well. Government has directed to give exemption to all such

works subject to following conditions as alternative in ribbon

development rules:

(1) There should not be any obstruction insight distance of

traffic from construction of room.

(2) To remove construction of room when govt. orders.

(3) Construction of room should not be permanent but like

temporary sheds. Generally works like basin etc, near well

are constructed mainly in open lands of fields. There would

be no objection if necessary margin is not maintained in

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such works. Therefore govt. has decided to exempt such

works for marginal condition.

10. When farm building are built in land near public road, all district

collectors, D.D.Os. and other officers concerned are directed to

have necessary vigilance to see that required distance road is from

maintained as per standards of ribbon development.

11. A the places where buildings of masjid, temples and public

devotion are situated traffic of people is found for certain period

in the morning and evening and special traffic of vehicles is not

found there. Further such buildings are built generally inside the

city or village site and there are rare case of building such cases

near roads. Due to such reasons such buildings for purpose of

public devotion should be applied ribbon of construction and no

ribbon development.

12. Ribbon development should be made applicable to schools & high

school. It is therefore directed to implement this instruction

strictly.

13. Govt. has decided to exempt latrine, water tank or other minor

buildings on Railway buildings existing now. But in all such cases

„No claim‟ declaration should be obtained in prescribed form

from railway officers.

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14. Octroy cabin is required to collect octroy on road where boundary

of municipality, Nagar panchayat, Gram panchayat ends. If such

cabins are constructed leaving distance as per standards of ribbon

development octroi payers and collectors of octroi find it difficult

due to more distance from road and proper attention cannot be

given on road. Also there is possibility of tax evasion. In order to

avoid such difficulty govt. after full consideation has decided that

Nagarpalika and Nagar Panchayats should be allowed to construct

temporary wooden cabins for collection of octroi where boundary

of road ends by relaxation of ribbon development rules. Such

permission should be given after obtaining prior consent of

executive engineer concerned and no claim declaration from

institute concerned.

Statement of roads introduced in schedule „A‟

1. Delhi-Ahmedabad-Bombay National Highway

Highway no. 8

2. Ahmedabad-Bamanbor, -do-
Morbi-Kandala highway no. 8-A

3. Bamanbor-Rajkot-Porbandar -do-
Highway no. 8 B

4. Bhuj-Khavda, Chhadbet road. -do-

5. Gandhinagar-Bhuj-Lakhpat road -do-

6. Lateral road joining Bhuj with -do-

Suigam via Santalpur-Radhanpur-
 325

Bhabhar

7. Road joining suigam Vav-Tharad -do-

and Barme in Rajasthans boundary.

8. Amdavad-Mehsana-Palanpur- -do-
Radhanpur road.

9. Koteshwar-Nalia-Mandavi Road. Partial National

Highway and Partial
District main road.

10. Rajkot- Jamnagar- Khambhalia- State High ways.

Dwarka- Okha road.

11. Bhuj Mandvi road. -do-

12. Khambhalia- Porbandar- Junagadh- -do-

Veraval road.
13. Rajkot- Jungadh road -do-
14. Limbadi- Bhavnagar- Amreli-
Veraval-road divisions as follows.

(a) Limbadi, Dhandhuka, Vallabhipur, State Highway

Bhavnagar Road.

(b) Bhavnagar, Songadh, Dhasa, -do-

Amreli road.
(c) Amreli-Dhari-Kodinar-Veraval -do-
road.
15. Nadiad-Khambhat road via Petlad Main District road

16. Kheda, Dahod, Idor, Devas, State Hihgway

Bhopal, Sagar, Jabalpur Road.

Standards of ribbon development rules are applicable to roads

under control of building department. For roads of Municipal

limit standards for Building lines adopted by Municipality shall

be applicable. Thus these standards do not apply to municipality

 326

roads.(Revenue department memo no. PRD-1054-1072-77-H dt.

28-1-55).

Bye lane and lanes can not be considered as village roads,

so ribbon development rules do not apply to it. Government letter

no. 6060-49-C dt. 25-2-50.

Ribbon Development Rules are not statutory orders. So

implementation of it is to be done indirectly when some one

comes to seek N.A. permission.

In respect of NHWS and SHWS and other roads, there is

resolution no. JPV-1083-40-81-K dt. 20-6-83 on formation of

special squad to remove encroachment on roads for maintenance

of ribbon development rules.

Resolution

Under government resolution dt. 17-7-80 directions have been

issued for maintenance of ribbon development rules and for prevention

of it violation. Under circular of 2-2-81 and that of R & B department dt.

27-2-81 instructions have been issued for effective implementation of it

in the state. It is very important that ribbon development rules are

implemented strictly and encroachment at various place may be

prevented and removed immediately when comes to notice. After

 327

careful consideration on this it has been decided to manage as under for

taking immediate actions for clearing encroachment done on public

roads/ highways/ other roads.

1. Mamlatdar, city survey superintendent and executive engineer or

his representative of R & B department to gether shall have

personal visit of places of encroachment on first Tues day or any

definite day of each month and shall take action to remove

immediately from place of encroachment.

2. Vehicles and labourers will be provided by executive engineer for

removal of encroachment.

3. For police help in above said proceedings District police officer

shall provide squad of one constable and four police constables in

each taluka for bandobast.

4. Report on this shall have to be submitted to collector regularly. In

order to see that above proceedings are undertaken regularly in

each district, Collectors are requested to have attention on it and

to see that report on it is regularly submitted to him.

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About standard on byepass/diversion Ribbon Development

Rules.
Resolution no. JPV-1084-40-58-K dt. 5-9-84.

(1) Under resolution dt. 17-7-90 shown in preamble detailed

instructions have been issued for maintenance of ribbon

development rules and preventing violation of it. It has been

provided under para 1(b) of it that for bye-pass-diversion on any

category of road building line shall be kept at minimum 100

metres from central line of road. This matter will be reviewed on

submission made to government and government has so decided

that separate standard should not be kept for bye-pass or

diversions, standard of ribbon development should be applied to

respective bye-pass/diversion of the category to which bye-

pass/diversion belongs.

2. Therefore instruction of para 1(b) of resolution of dt. 17-7-80

shown in preamble is hereby cancelled. The difinition of bye-

pass/diversion is given in para 3(f) of this resolution is given

below :

Bye-pass/diversion means road newly constructed out of

every village site, town and city and standard of ribbon

development will apply to the constructions of such bye-pass or

diversion done as per category of road.

 329

Where more time will be taken to pass in starting

construction of bye pass/Diversion but if road line of bye

pass/diversion is fixed, ribbon development rules will apply to

such road lines also. In order to implement this strictly it should

be brought to the notice of all competent officers and subordinate

officers.

About other construction works relating to factory etc. ribbon

Development Rules, Dt. 17-7-80.

Circular no.JDN-2683-3014K dt. 3-12-83 „The detailed

instructions have been issued under Resolution dt. 17-7-80 for

maintenance of ribbon development rules and for preventing

violating of these rules. Accordingly all construction works of

generally factory, large godowns, cinema, hotel, hospital or area

of nearly traffic are to be kept out of ribbon development.

Alongwith such constructions allied constructions are carried out

like office building, staff quarters, sanitary blocks etc. There is no

clarification about which standard should be made applicable to

such allied works it has came to the notice of govt. that different

standards are adopted.

Aim of framing ribbon development rules is to make the

problem of future traffic activity easy as much as possible.

 330

Government has decided to grant permission for constructing

such allied constructions keeping out of ribbon development.

Competant officers/ survey engineers of R & B department

should see that above instructions are implemented strictly and

approval/opinion may be given looking to it.

Hon. Gujarat High Court has held that these is no legal

authority about ribbon development rules. In spl. C.A. No.

139/1976 dt. 21-12-78. Hon. High Court has held that “in other

words a public officer must be able to point his finger to some

specific provision of law or authority under law. (20 G.L.R. 766).

Based on these rules government has enacted High way Act, 1982

the proposal of which is pending with senior committee. In it

there is provision of publishing notification to fix standard width

of high way and call for objections.

Resolution no. JPV-1083-40-(117)K dt. 20-10-83 about

relaxation in construction of sales tax check post provides such

relaxation that (1) construction of building should be done out of

limit of road land (2) expenditure for extending width of road

leveling part of check post shall be borne by sales tax department,

(3) Before making construction of any check post, prior

permission of chief engineer of R & B department shall have to

be obtained. Above relaxation is for roads other than NHWS.

 331

Construction of check post on NHW shall have to be undertaken

as per ribbon development rules.

Land strip development rules (ribbon development rules)

and construction rules apply to all lands joined later in village site

except the original land of village site. That means in the land so

amalgamated in village site current occupants can not have

complete construction and they have to pay full N.A. rate (letter

no. 0/1000155/A dt. 10-1-66).

Government has suggested that in cases when ribbon

development rules can not be implanted for want of specific

authority that means where permission is not required under

section 65 these rules can be implemented indirectly. For example

where permission for construction is given by local body plan

may be approved with the condition that compound wall can not

be kept higher than 3.5 feet in the margin and that no

compensation will be given when it is required to be removed.

Collector may explain the farmers not to construct well, farm

house etc. in the margin however when they make such

construction they may deny to pay revenue (Govt. circular no.

999/45-iii dt. 22-3-49).

In which case proposal to ease ribbon development can be

submitted? (Resolu. no. 2047/51 dt. 18-12-51).

 332

(1) When govt. has sold land touching to road and sale is

cancelled, it is not felt proper to repay the occupation price

and land is not to be used in near future for widening the

road.

(2) Constructions done in open margin innocently and in cases

where great loss is to be suffered in removing or

demolishing the same if the owner makes legal declaration

that when govt. desires he will demolish said construction

without asking for any compensation and if he may not do

it so, collector shall demolish it at the risk and cost of

owner.

(3) If the constructions on open marginal land are of municipal

purpose for the facility of public like municipal market,

petrol pump, bus stand or bus shed. Such construction may

not be done willingly but done innocently and its owner

may make such legal declaration that whenever he is asked

to remove said construction he will remove without asking

for any compensation and if he fails to do so collector shall

remove it at the cost of owner. (For such declaration form

prescribed by govt. should be used).

 333

(4) When plot is situated on old road and at that time without

knowing that ribbon development rules were not in

existence other old building might have constructed.

(a) Size of plot may be such that owner was compelled

to keep open margin as per ribbon development rules he

will not be allowed to make construction on it and make

complete economical use of it.

(b) If collector is satisfied that if construction is made in

the line of existing constructions speedy traffic will not be

affected and sanitation will be maintained.

In such cases also owner shall have to make legal

declaration that whenever he is asked to remove the

construction he will remove it without asking for any

compensation, and if it is not done so collector shall

demolish it at the cost of owner.

(5) When land is used for factory and its subsidiary works, like

residential building, Cabin etc. are constructed between

building line and control line (Govt. Resolu. No. 6060/49

dt. 23-2-50)
 334

(6) In present position road is sufficiently broad and there is no

possibility of widening it in near future. But in such cases

collector must be ensured and satisfied that if construction

is made in present construction line speedy traffic is not to

be adversely affected. In such cases also legal declaration

will be required that when asked to remove such

construction it will be removed without any compensation,

failing which collector shall remove it at the cost of owner.

(7) If ribbon development rules can not be implemented under

section 65 and 48(4) that means its use is not banned. The

construction may be for farm house or land is alienated

land (now there are no alienated lands)

(8) When only provisional constructions are made and maybe

nominal and removal of it may create serious harassment to

the former, such as shade of sheets for animals, small cabin

or provisional pandal for covering water pump or electric

installation are created.

(9) Compound wall as Boundary marks are created to separate

the plots on roads.

(10) The lands on road are made final in town planning scheme

and ribbon development rules are irrelevant to it, not

 335

change in this scheme is not done to remove this

irrelevantly.

(11) Constructions are in only some part of open margin and

there are made because of crude Tools of measurement.

(12) Such other cases in which collector, executive engineer and

D.S.P. have agreed that it is the case to relax ribbon

development rules with or without condition. Government

has prescribed form of no claim declaration mentioned in

matter of relaxing ribbon development rules under

resolution no. PRD/1053 dt. 9-3-54. On such form of

agreement no for claim declaration, proper stamp duty is

required to be paid.
 336

CHAPTER-18

Inquiry under Section 37(2) :

The provision of Section 37(2) of Bombay land Revenue code

1879 provides for disposal of suit filed for right of any property. The

Collector should pay adequate attention towards matters of Section

37(2) as protector of Government lands.

It is experienced that due to systematic inquiry carried out by

officers authorised under section 37(2) being faulty it causes loss to

right and interest of State regarding property. Therefore, related process

should be followed after careful study of Section 37(2) of Land Revenue

Code, Rule-29 of Land Revenue Rules, 1972 and the provisions of

Government in Revenue Department consolidated resolution dtd.

15.6.1992.

Provision of Section 37(2) :

1. If Government itself or on its behalf or against Government

suit is filed by anyone for any property or any right in or on

any property, Collector or Survey Officer may issue proper

notice for making inquiry and therefore pass order deciding the

suit, it shall be considered legal.

2. If one or more appeals are filed within prescribed time limit

from date of order or against such order if any suit is filed in

any Civil Court for cancellation of order after one year from
 337

the date of order made by last appellate authority prescribed

under Section 204 and if the prayer made it is the consistent

with such order it should be set aside and proper notice

regarding order should be issued to the plaintiff.

Procedure

Efficiency of inquiry under Section 37(2) depends on whether

notice is properly served or not. Therefore, it is essential to be more

careful in service of notice.

1. Before making inquiry under Section 37, notice in writing

about inquiry purported to be done, its time, place and subject

of inquiry should be prepared in prescribed Form 'B'. Such

notice should bear seal and signature of issuing officer.

2. Such notice should be issued in writing 10 days ago of the date

of inquiry so fixed.

3. Such written should be displayed on chavdi/chora or any

public place at the village or place where such property is

situated, or on place of property for which inquiry is to be

made as can be seen.

4. Such notice should be served on persons who have filed suit

and individually to all those who have information and interest

in the property.
 338

5. Such individual notice should be served as summons and it

should be in duplicate.

6. It should be given hand to hand to a person on whom it is to be

served and his/her signature or thumb impression should be

obtained on duplicate copy of notice.

7. If the person to be served with notice is not available, notice

should be affixed at his daily place or residence as can be

noticed and proceeding in short should be got made about it on

its duplicate.

8. If permanent residence of person to whom notice is to be

served is in other district, notice should be sent to Collector of

that district and get the process of service completed. For this

purpose procedure shown in Section 190 of L.R. Code shall be

followed and assured to have completed the process.

Thus, in a suit about property filed on behalf of Government or

filed by party/parties, systematic notice should be served on all parties

and special care should be taken.

Inquiry about evidences and process of taking decision in

proceeding under Section 37(2)

Following evidences can be produced to prove any land or

property to be his, and it is inevitable to go into deep about legality of

proofs :-
 339

1. Satisfactory evidence or proof as to how the said land or

property is obtained.

2. Of having constant possession/occupation of 60 years on such

land or property.

3. If 60 years are not completed; but evidence showing proof of

possession.

4. If plaintiff's suit is of adverse possession.

5. If constant possession of 60 years is not there, suit of

ownership is filed on the basis of possession, it may be seen

that of which nature the possession is. It is not the possession

when only land is used for independent possession evidence of

independent possession should be there.

6. In a suit of private person's possession, strong proof of right

should be there on part of Government. When plaintiff can

prove that he has possession of 60 years, it is responsibility of

Government to prove whether it is so or not. During inquiry,

if it is proved that 30 years ago such disputed land was in

possession of Government suit of plaintiff will not be tenable.

7. It is implied in this section that entire land is Government land.

therefore, burden of proving any right in the land shall be on

part of plaintiff. All burden of proof is on the plaintiff.

 340

8. Both cases of dispute of ownership under Section 37(2) and

encroachment of land should be separated.

9. Inquiry under Section 37(2) should be undertaken and if it is

decided that it is Government land, case of encroachment

should separated, heard and decided. Thus, though both the

process is related proceedings can be done separately.

10. Claim about occupation of rights of easement can not be

inquired under Section 37(2).

11. In case of acquiring lands under tenure, inquiry about under

which kind of tenure land was held, whether land holder had

right of ownership or only right of obtaining revenue. In case

of dispute about acquisition if there is no special provision in

Tenure Abolition Act such inquiry under Section 37(2) can be

done.

12. Further, the issue as to what effect on right of holding land of

tenure abolition would be there as per provisions of Act should

also be inquired.

13. Under different tenure Acts of Gujarat, two kinds of

agricultural lands are acquired in Government.

(i) Waste land,

(ii) Land kept uncultivated for more than 3 years.

 341

14. Inquiry under Section 37(2) can be undertaken on any land in

peaceful possession of any one. When claim for such property

or its right is made by Government or any one against State,

inquiry can be held under this section.

15. In case of dispute if any third person is interested or his right is

affected, while deciding appeal, if he applies to be the party,

he should be given an opportunity of hearing.

16. As this inquiry under Section 37(2) is to be done as formal

inquiry, Government Pleader can be summoned to make

representation on behalf of Government as it is like Civil

proceedings.

17. When inquiry under Section 37(2) is done on part of

Government, thorough study of all kinds of revenue evidence-

proofs should be made and verified. In claim of private

person, evidence produced should be verified with revenue

record.

18. Thus, in the inquiry decision should be taken as provided

under Act and rules and after verification of record.

19. Order made under Section 37(2) should be intimated properly

because failing to do so, suit in Civil Court will not be tenable.

20. Written Notice of Order under Section 37(2) should be served

in form 'A' as shown in Rule 29 of Land Revenue Rules, 1972.

 342

while starting inquiry under Section 37(2), order should be

intimated in the manner of service of notice. Such service can

be done by RPAD, Hand to Hand, and by affixing on property

formally.

Instructions issued on inquiry process under Section 37(2) should

be strictly followed by Revenue Department.

Provisions of Consolidated Circular of Revenue Department No.

LNI-1087-3807-L of 15-6-2992 about inquiry on veracity of claim

under Section 37(2) of L. R. Act :-

1. In case of inquiry on veracity of claim under Section 37(2) of

L.R. Act, this Circular is issued after addition, alteration and

after consolidating all orders. Therefore, proceedings should

be done according to this Circular.

2. Mamlatdars appointed under section 12 of L. R. Act and

Mahalkaries under section 13 of L.R. Act in their name and by

virtue of post and Prant Officers are obtained to undertake

such inquiry under Section 37(2) as detailed below:

(A) Mamlatdar and All villages under their jurisdiction

Mahalkari (except Nagar Panchayat, Nagarpalika,
Municipal Corporation area, taluka andDistrict head
quarters).
(B) Prant Officers Nagar Panchayat, Nagarpalika, Muncipal
Corporation area and village of Taluka and District
headquarters.
 343

3. When the decision in such inquiry of veracity of claim under

Section 37(2) of L. R. Act is taken against Government, such

decisions should be reviewed by Higher Officers, and in cases

where decision is taken in favour of Government, appeals are

filed and on the basis of orders of Subordinate officers are

entered in revenue record and owner of land obtains loan on

security of land. In such cases, when decision is taken later on

in favour of Government in review or appeal Institution giving

credit is put into difficulty. In order to prevent this situation,

when decision under inquiry under Section 37(2) is taken

against Government, case should be taken under review by last

officer as per this circular keeping time limit of review and

appeal in view, and then name of such person should be

entered in revenue record.

4. As indicated in Gujarat High Court rulings and decision of

Revenue Tribunal on review application if third person may

not be a party on any side in appeal but if he is interested in

matter of dispute or his interest is to be affected he should be

given an opportunity of hearing if he applies to be the party at

the time of deciding application/appeal. When such cases

arise, necessary action should be taken keeping such rulings in

mind.
 344

High Court Rulings Gujarat Law Reporter

1. Ramjibhai Ukabhai Parmar Vol. I, page No. 53

V/s
Manilal Parsotambhai

2. Punjabhai Dahyabhai Patel Vol. 6, Page No. 849

V/s
Jayantilal Manilal Shah & others

5. As per amendment made in Section 12 of L. R. Act,

order made by Mamlatdar or order is subject to chapter-13 of

L.R. Code, appeal can be filed to Deputy Collector against

such decisions or orders made in inquiry under Section 37(2)

of L. R. Act.

6. At the end of inquiry under Section 37(2) of L. R. Act if

Mamlatdar takes decision against interest of Government, he

should immediately send the case papers & copy of order to

Prant Officer. Prant Officer will review the matter in detail

looking to right/interest of Government, make

recommendation to take it revision under Section 211 of L. R.

Act and if he agrees with decision of Mamlatdar, he should

send the case papers to district Collector within 7 days from

the date of receipt of case showing reasons. If Collector feels

it proper to take the case in revision, he shall undertake

systematic proceedings, make formal order. But if agrees with

 345

decision of Mamlatdar, Prant Officer, he should show the

reasons and return the case.

7. When Assistant or Deputy Collector not in charge of

taluka has decided claim against Government under Section

37(2) of L. R. Act, he should immediately send the case papers

and copy of his order to the Collector who will go through the

case papers and decide whether dispute should be filed before

Revenue Tribunal or not within 7 days of date of receipt. If he

fills it properly to file it before Revenue Tribunal (R.T.), he

should immediately send the case papers to Government

Pleader for filing it before R. T. and if Collector does not feel

it so, he should submit the papers to Government within 7

days.

8. When Assistant or Deputy Collector in charge of taluka

has decided the case against Government, the Revenue

Tribunal has no powers to decide the dispute against their

decision. In such cases, the proceedings should be undertaken

as shown in chapter-13 of L. R. Code. If the decision of

Deputy/Assistant Collector is against Government under

Section 37(2) of L. R. Act, he should immediately send the

case papers and copy of his decision to Collector, who will, if

feels it proper to take the case in revision, undertake

 346

systematic proceedings and shall pass the orders. But if he

agrees with the order of Prant Officer, he shall submit the

papers to Government within 7 days of its receipt showing

reasons for it.

9. If survey mamlatdar has decided case under Section

37(2) of L. R. Act against Government, since Revenue

Tribunal has no powers to hear such dispute or take it in

revision, proceedings as shown under chapter-13 of Land

Revenue Code should be taken. Survey Mamlatdar may be

under control of Collector or Settlement Commissioner and

Director of Land Records.

A. If survey Mamlatdar has decided case under Section

37(2) of L. R. Act against Government and he may be in

equal cadre of Mamlatdars, the proceedings as shown in

para-6 of this Circular should be done and if he is

Officer of higher category, the proceedings as shown in

para-8 of this Circular should be done.

B. If the survey Mamlatdar has decided the case under

Section 37(2) of L. R. Act against Government, he

should immediately send the case papers with copy of

decision to Settlement Commissioner and Director of

Land Records who if felt it proper to take the case in

 347

revision, shall carry out systematic proceedings and pass

orders in the matter. But when he does not agree with

decision of survey Mamlatdar, he will submit the papers

to Government within 7 days of its receipt.

10. In cases in which Revenue Tribunal has no powers to

take the dispute in revision, Government in Revenue

Department has powers to take it in revision.

11. At the end of inquiry under Section 37(2) of L. R. Act or

appeal is filed against such decision of subordinate officers or

case is taken in revision and if Collector or Settlement

Commissioner and Director of Land Records himself has

given decision against Government, he will decide whether it

should be revised or set aside or file appeal before Revenue

Tribunal, High Court or any other proper court and submit the

papers including copy of decision to Government within 7

days.

12. If suit against order made in inquiry under Section 37(2)

in Civil Court after one year, Civil Court will set aside the suit.

In case of suit having filed within time limit, period for filing

appeal shall be 1 year. Authorised Officer should intimate the

decision under Section 37(2) in proper manner, failing which

Civil Court will admit the suit and in that case, Government
 348

will be put to loss. Therefore, proper vigilance should be kept

to see that no default would remain during inquiry made under

Section 37(2) keeping in view the law/rules/resolutions.

 349

CHAPTER-19

Procedure of Encroachment on Government Land

(1) Unauthorised Agricultural or Non-Agricultural Encroachments

on Government lands like - (1) Rural Areas, (2) Gamtal lands,

(3) Urban areas, (4) City Survey Areas, (5) Gauchar Areas etc.

are having increased day by day, it is indispensable for the

purpose of preservation of Government property to

immediately remove encroachments and to prevent them also.

In this regard, the Government by it Revenue Department's

Circular No. ENC-1084-4198-L, dtd. 18-1-1985 has decided

the entire responsibility of the concerned Field Officer to

remove such encroachments.

(2) The responsibilities of the Field Officers to remove

encroachments on such lands are as follows :-

(i) Under Section-61 of the Land Revenue Rules, the

Mamlatdar should remove encroachments from the

Government waste lands in the rural areas;

(ii) The Mamlatdar should remove encroachments from the

newly decided gamtal lands and the Taluka

Development Officer should remove encroachments

from the old gamtal lands.

 350

(iii) The Chief Officer of the Municipality should remove

encroachments from the areas of the Municipal/Urban

lands considering the provisions of Section-185 of the

Gujarat Municipalities Act, 1963.

(iv) The concerned City Survey Superintendent should

remove encroachments like lari-gallas on roads from the

lands of City Survey areas.

(v) The Taluka Development Officer should remove

encroachments from the gauchar lands or from the lands

acquired by the gram panchayat considering the

provisions of Section-105 of the Gujarat Panchayat Act,

1993.

(3) Such encroachments are of two types - (i) Agricultural and (2)

Non-agricultural. Non-agricultural encroachments include - (1)

Residential, (2) Commercial, (3) Industrial, (4) Educational and (5)

Sakhavati types.

The provision has been made to penalise for unauthorised

possession of land in Section-61 of the Land Revenue Act. In which,

provisions of (1) taking assessment (2) Penalty, (3) To drive away and

to destroy crop have been made. The aspects to remove people from

Government lands have been resolved briefly in Section 48(4), 61, 66

and 79 and its method in Section-202.

 351

(1) Agricultural Encroachment :

(1) Akari Land In such lands, penalty should be charged for Akar

of full number of agriculture and penalty of Rs. 5 or 10 fold of

Akar, whichever is more and driving away a person who creates

encroachment and if there is a crop in such lands, it should be taken and

Akar should be charged for the full year on the whole land and not only

for the land encroached from where it is encroached and other

applicable taxes should also be recovered.

(2) Non-Akari Land :- If the akar of the land is not decided,

then penalty should be charged considering the Akar as decided for

other lands of the same village area and the penalty will be the same for

this Akari land.

(3) Non-Agricultural Land :- 100 fold for non-agricultural and

Akar considering the existing non-agricultural Akar rates of the village,

proportionately to the encroached land. Disputed construction and

driving away from the land.

Now, such non-agricultural Akar should be charged from the date

of the construction. If there is encroachment for any part of the year,

then the Akar should be charged for the full year and other applicable

taxes should also be charged.

(4) Procedure to remove encroachments :-

 352

1. The competent officers are carrying out the work of

encroachments; and

2. They have to find out new encroachments also, so, whether

they are carrying out such works satisfactorily or not?. The

Prant Officers are supervising over this task only for their sub-

divisions.

3. Proposal should be sent to the Collector to take suitable action

against careless and inefficient Competent officers with a strict

warning to improve their performance after its review as

decided in their official monthly meeting of the Revenue

Officers.

(5) As per the instructions given by the Revenue Department's

Circular No. LNC-3978-1978-A, dtd. 13-10-78/6-12-78 that

each Prant Officer has to watch over the maintenance of the

latest register, showing details of such Government survey

numbers situated in their respective urban areas in the every

Mamlatdar's office at the taluka headquarters of every urban

area in a prescribed form of schedule 'A' of this Circular with a

view to preserving latest records about Government lands of

urban areas and come to immediate notice about the

encroachment on the Government lands of the urban areas of

their sub-division. Moreover, to verify the Government

 353

numbers as per prescribed rules by the competent officers as

mentioned below of the Government numbers mentioned in

the Register and if there is encroachment, it should be

immediately removed by instructing their subordinate officers.

1. Circle Officer : 10 survey Nos. per month; but all

Survey Nos. should be verified

within 6 months.

2. Mamlatdar : 5 Survey Nos. per month.

3. Dy. Collector/Prant : 5 Survey Nos. per month.

Officer.

At the time of field/village visit, it should be verified whether a

register in a prescribed manner is maintained or not.

1. Separate registers for gamtal encroachments and encroachments

on Government lands should be mentioned.

2. To review legal procedure to remove such encroachments survey

number wise.

3. Encroachments on lands selected for Government purpose, should

be removed on priority basis.

To maintain Government lands and prevent unauthorised

encroachments on it, instructions have been given by the A.G., Audit

team during inspection of certain offices vide Revenue Departments

Circular No. ENC-102003-MLA-14-L, dtd. 26-2-2004. The valuable

 354

Government properties are not being maintained by the Revenue

officers and the details about encroachments on Government lands in

urban as well as rural areas are not available in the offices of the

Collector/Prant officer or Mamlatdar and D.D.Os./T.D.Os. Moreover,

no details are on hand regarding the actions taken to remove

encroachments and as a result, Legislative Committees and elected

representatives of the people are respnsible to reply. Considering this

situation, awareness should be maintained and prescribed register should

also be maintained and reviewed as decided by the Circular dtd. 26-2-

2004 and actions should be taken to remove such encroachments.

(6) As per the instructions given by the Revenue Department's G.R.

No. JPV-1083-UO-81-K, dtd. 20-6-1983, generally encroachments are

created on the cross-roads for refreshments breaching the rules on

the N.H./S.H. and other roads, and they should be removed immediately.

So, such encroachments should be removed immediately by visiting

such places by the squads on the prescribed dates per month,

constituted by the Chief Officer of the Municipality, Ex. Engineer or his

representative, City Survey Superintendent, Mamlatdar etc. at each

taluka Head Quarter in sub-division of Prant Officer. If in certain

cases, police help is required, it should be taken and such

encroachments should be removed at once.

 355

(7) The Mamlatdar has to remove encroachments on the Government

waste lands coming within the revenue limits of the concerned kasba of

a Municipality under the provisions of Section 61 of the Land

Revenue Act, and the concerned City Survey Superintendent has to

remove such encroachments situated in the City Survey areas

under Section-202 of the Land Revenue Act by issuing notice in this

regard, and the Encroachment Cell should remove such

encroachments in the Municipality limits. Whenever the Prant

Officer is required for this purpose, they should provide police or

any other help.

(8) Some anti-social elements are collecting installments as sale or

rent from unauthorised occupants of Government lands in the

developing cities. This Las come to the notice of the Government.

Collectors have been entrusted to initiate "PASA" procedure besides

Criminal procedure against them holding responsible and

confidential inquiry for such activity by Revenue Department's

Circular No. ENC-102001- 4379-L, dtd. 14-12-2001 and the Prant

Officer has to submit report to the Collector for such illegal activities

in their respective sub-divisions.

(9) Many encroachments on Government lands are temporarily being

made opened in a form of campaign. But, thereafter, open land is not

preserved. So, concerned Revenue Officers should be held

 356

responsible to preserve this open land. The Government have

instructed to the Collectors by Revenue Department's Circular No.

ADJ-102002-1667-L (Part-II), dtd. 16-10-2004 and the Prant

Officers have to implement this in their respective sub-divisions

through their subordinate officers.

(10) Regarding regularisation of encroachments on Government lands,

it should be implemented as per the instructions given by the GR of

Revenue Department dtd. 8-1-1980.

But it has come to the notice that without effective

implementation of legal provisions to remove encroachments,

proposals to regularise the same are being sent, which is very

serious and unfair matter.

In this regard, the Division Bench of the Hon'ble Gujarat High

Court has taken "Suo Moto" cognizance in LPA No. 449/2005 in Spl.

C.A. No. 603/2005.

In the meanwhile, the Government of Gujarat and all local bodies

(Nagarpalikas, Municipal Corporations and Panchayats) are restrained

from alienating public properties to the encroachers.

To follow the orders of Hon'ble Gujarat High Court, all the

Collectors have been informed to implement it by Revenue

Department's D.O. letter No. SCA/182005/Court:38/L, dtd. 19-10-2005.

 357

CHAPTER-20

Provision regarding gamtal & simtal & Vada

Current rules have been formulated as "Vada Code" about gamtal

and simtal vada by cancelling previous GR of Revenue Department.

Rules are under implementation by GR No. VDL-1079-31448-K, dtd.

25-4-1980, in which, detailed information about Vada lands has been

given. "Vada" means an open land, which is used for agricultural tools,

Animal shed, keeping grass etc., which is situated closest to home in

gamtal. It is being mentioned as simtal Vada land". Generally, Vadas

are of two types - (1) Rural area, (2) Urban Area.

Vada Statement :-

Village-wise Vada Statement has to be maintained for Vadas

situated in Rural and urban areas. In which details like name of the

owner of vada land, area, border, present use, possession of land,

owner's occupation are to be mentioned. Countersign of the Sarpanch is

to be taken for the attestation of the details.

Procedure regarding Vada lands of Rural Areas :-

Owner of the open vada land in Rural Areas can use open vada

lands. Provisons have been made to get rights by paying changes to

Government at following rates by the owner for non-agricultural use,

who owns complete possession of this land and sale rights :-

 358

Population Price per Sq. mtr.

Rs. Ps.
Villages upto 1000 population 0 - 30 per Sq. mtr.
Villages upto 2000 population 0 - 40 per Sq. mtr.
Villages upto 4000 population 0 - 55 per Sq. mtr.
Villages upto 6000 population 0 - 65 per Sq. mtr.
Villages upto 8000 population 0 - 80 per Sq. mtr.
Villages upto 10000 population 0 - 90 per Sq. mtr.

Simtal Vada :-

Simtal Vada land can't be utilised at the above rates of Vada land but it

can be utilised at the prevailing conditions. If such lands are situated

nearest to gamtal and convenient to extend gamtal, then it is to be named

first in gamtal and possession right can be got at prescribed Vada land

standards. For Simtal Vada, if there is a demand for new land, then

considering requirement of a person, who demands and the availability

of land, it can be given upto 400 meters on lease assessing rent similar

to agricultural akar, from most waste land. Mamlatdar of a Gram

Panchayat and Prant Officer in Nagar Panchayat are empowered for this.

Vadas of Urban Areas :- The owner has to purchase vadas of urban

areas compulsorily upto 31-12-71 in which, concession has been given

to SCs & STs at Rs. 6 per Sq. mtr. or 25% of market rate, whichever is

less. The Urban Vada lands, which are not possessed by anybody, the

Government has to dispose of such lands by auction. The Market price

of possession right will be decided by the Dy. Town Planner.

 359

Important Note :- The Collectors should take care of instructions of

othe Revenue Department's G.R. No. VDL-2695-MLA-7-K, dtd. 1-6-99

regarding to regularise vadas of gamtal and Simtal.

As per the above instructions, it has been resolved to complete the

entire procedure before 30-10-99 by issuing notices to the legal owners

of vadas registered in the vada register from time to time about vada

codes. This term has not been extended. So, only the entire procedure

completed within 30-10-99, will be considered for this purpose as per

above instructions.
 360

CHAPTER-21

Land of Scheduled Tribes-restrictions and transfer

(1) With a view of transfer of lands possessed by the Tribal land

holders as per rules strictly, the State Government has, under Section

73(k), the Bombay Land Revenue Code, 1879, control was imposed

only for certain areas of the State, that they cannot be transferred

without the prior approval of the Collector. The lands of the tribal

people in such areas, which are not originally survey settlement on

4-4-61, out of SC areas of the State by publishing Notification on 4-4-

61. Thereafter, from 1-2-81, new sections were admitted from

Section 73AA to 73AD in Land Revenue Code, legislative rules are

under implementation at present under Land Revenue Rules which

were under implementation by a Notification dtd. 21-6-82 similar to that

and its provisions. Section 73AA and its ancillary legislative rules of

Land Revenue Code (Mainly Rule 57K to Rule 57S) are under

implementation at present. Instructions of Circular of Revenue

Department dtd. 19-10-79 regarding transfer of lands possessed by

Tribals, which are under implementation at present, have been treated

as cancelled as they were not found harmonious with them. And it

should be implemented as per instructions given by co-ordinated

Circular No. ADJ-102003-2632-J, dtd. 18-3-2006 about transfer of lands

possessed by Tribals. The basic provisions regarding this, have been

 361

interpreted, specimen of Annexure mentioned in the concerned

provisions applicable should be taken into use, considering above

original GR of Revenue Department.

(2) Provisions in brief of Land Revenue Code, Section 73AA.

Under Section 73A of Bombay Land Revenue Code, 1879,

restriction was imposed on the transfer of land owned by tribal

people in the areas which are not original survey settlement on the

date of notification dt. 4-1-61 in the areas out of ST areas in the

State without the prior approval of the Collector. With a view of

making these provisions more effective, new sections of 73AA,

73AB, 73AC, 73AD have been added after section 73A under

Bombay Land Revenue Code, 1879 by Bombay Land Revenue

(Gujarat Second Amendment) Act, 1980 and Gujarat Act 37 of

1980, and the provisions of this Act have come into effect from 1-

2-81. Under the above Act, restriction has been imposed on the

transfer of the land owned by tribal people in the entire State

without the prior approval of the Collector. Certain provisions of

this Act in brief are as follows :-

Section 73AA, sub-section (1) :- According to this sub-section, no

land of any tribal in the State will not be transferred to any other without

the prior approval of the Collector.

 362

Section 73AA sub-section (2) :- There is a provision to formulate

rules regarding prior approval on certain conditions and circumstances

for transfer on sale to other person by a tribal for his own land.

Section 73AA, sub-section (3) :- If any tribal selles or transfers his

land to another tribal, then there is a provision to return this land to the

orginal tribal owner of this land. For this, the original tribal owner of

the land has to apply within two years after sale or transfer. If he does

not apply in this period, then this land will be with him to whom it is

transferred. There is a restriction over transfer without prior approval of

the Collector for the tribal owners in tribal areas, where original survey

settlement has not been made by a notification dt. 4-4-61 due to

ignorance of the provision of this control, some tribals have transferred

their lands to other tribals and breached the provisions of section 73A.

Such cases, created from 4-9-61 to 31-1-81 remain automatically

legalised. (Conclusion :- Transfer cases without prior approval during

4-4-61 o 31-1-81 should be regularised).

Section 73AA, sub-section (4) :- Legal procedure has been decided to

resume the land to the Government; transferred/sold without prior

approval by the tribal to a non-tribal. According to this, notice should

be issued to a non-tribal who has received such land by transfer, is

treated and declared as illegal and such land becomes free from any debt

and is resumed by the Government. (Conclusion :- The land transferred

 363

without prior approval by the tribal to a non-tribal is treated as resumed

by the Government).

Section 73AA, sub-section (5) :- There is a provision to return this

land to the original tribal after admitting this land in the Government as

above. As per the provisions in sub-section, the original tribal owner

has to give a written assurance that he himself is ready to cultivate this

land. (Conclusion :- To return the land to original tribal acquired by the

Government).

Section 73AA, sub-section (6) :- If the original tribal owner himself is

not ready to take back this land and to cultivate it, there is a provision to

give back the land to another tribal of the same village or nearby village,

and if even both of them are not ready to take back this land, there is

also a provision to grant the land on priority as decided by the

Government. (Conclusion :- To give the land to another tribal of the

village or nearby village or to grant as per priority of the Government).

Section 73AA, sub-section (7) :- A provision has been made for a

penalty upto three times of amount of the price of the land besides any

other penalty to the non-tribal purchaser of this land, where the land of a

tribal person is transferred without prior approval to the non-tribal

person. (Conclusion :- Besides, penalty to the non-tribal, three times of

amount of the price of the land).

 364

Section 73AA, sub-section (8) :- There is also a provision to recover

as land revenue dues from non-tribal as the amount of penalty as

mentioned above. (Conclusion :- Such recovery should be made as

Land Revenue Dues).

Section 73AB :- The tribal can mortgage his land for taking

agricultural loan to the Government, Co-operative Society or S.B.I.

without the permission under this law. If the loan is not repaid, the

organization can sell this land by taking it into confiscation, and can

repay the sale price against the loan amount. The land mortgaged, can

not be sold to the non-tribal without the prior approval of Collector.

(Conclusion :- To take loan on land can be mortgaged, such land can't

be sold off without the prior approval).

Section 73AC :- The procedure done under Section 73A and 73AA

and 73AB, can be kept out of the purview of the Civil Court. Under the

above sections, the order of the Collector can not be challenged in any

Civil or Criminal Court. The Civil Court can not issue temporary or

permanent stay order. (Conclusion :- The decisions of the Collector are

out of his purview).

Section 73AD :- This section suggests amendment in the provisions of

the Registration Act, 1908. The sale-deed of the land done by the tribal

can be registered only after the production of a proof of a prior legal

approval of the collector.

 365

Moreover, there is an important provision made in the schedule of

the Act, amending in the Tenancy Act, that the land of a tribal cannot be

taken by a non-tribal as a tenant in certain cases. Some concomitant

amendments have also been made in Section 73A and 214 of the

Bombay Land Revenue Code, 1879 (Conclusion : On production of the

prior approval of the Collector, Registration of the sale-deed. No

provision of a tenant).

The legal provisions are described in brief as above. But, about

authentic provisions, the provisions made in the Gujarat Act No. 37 of

1980 should be taken into consideration.

About implementation of the provisions of this Act, it is a must to

take immediate note in the Form of 7/12, that the land owned by the

tribal people, in controlled by the provisions of the new Act. So,

regarding the land owned by tribal Land holder, instruction has been

given that a note like "Controlled Kind of Power by 73-AA" with the

red ink on the left hand top in 7/12 Form. (Conclusion : On the 7/12

top, it should be written with red ink like "73-AA controlled kind of

Power").

(3) Provisions of rule 57(dh/L) of the Gujarat Land Revenue

(Amendment) Rules

57-dh : Under section 73-KK(1), the terms and conditions for

transfer of name in the land by the Collector.

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(1) If the land is sold at market price, and any condition is followed

out of the following conditions, then the Collector is empowered to give

approval for transfer of any tribal account in the name of any other

tribal.

1. For better livelihood and permanent resettlement at any other

place, if a transferor of name leaves his village forever, or

2. A transferor of name has not become landless or lost the

sources of his livelihood.

3. The transferor of name, due to his old age or physical or

mental disability, is not able by himself to cultivate the land

and there is no any other person in his family to cultivate his

land; or

4. If a land is sold for recovery of dues recoverable as land

revenue dues or dues shown in section 73KKH; or

5. Such land given as gift by trust or in any other way, and the

owner has given such gift with his full consciousness and

without any pressure from anybody, as per the tribal traditions

or in favour of his any family member,

(2) Out of the conditions as mentioned in sub-rule (3) of in section

(1) to (5) of sub-rule (1) of this rule, if a permission is given under any

condition, then such permission, will be subject to the additional

condition that a person should himself cultivate the land, in whose

 367

favour the land is transferred. If a purchaser does not cultivate the land

from the date of taking possession of the land within one year or without

the permission of the Collector, discontinues himself to cultivate the

land within 5 years from the date of taking possession of this land, then

the permission given will be treated as cancelled and it will also be

treated as this land is transferred without the prior approval of the

Collector. If a tribal purchaser possesses land less than the maintainable

land and the permission will be given only for such land which is not

more than that such land.

(3) If any condition is followed out of the following, and except that

the land required for industrial undertaking, then only after the prior

approval of the State Government, the account of any tribal will be

transferred.

1. If there is a possibility for the land to turn as non-agricultural,

and is required for the purposes of commercial undertaking,

educational and donated organisation, co-operative Housing

society or for actual use of public welfare, or

2. If a person has become landless due to compulsory acquisition

of his land, for public welfare purpose or is a possibility to

become landless and is transferred in his name, or

3. If his land is sold off for dues as mentioned in section 73-KKH

or for recovery of other dues recoverable as land revenue;

 368

4. Land is being sold for the construction of residences of

agricultural labourers, small and marginal farmers;

(4) Collector or DDO in scheduled areas are empowered to

sanction the transfer of land, subject to satisfaction of the following

conditions, of any tribal land holder to any tribal or non-tribal

person:-

1. The tribal land holder has got the land by his own sources;

2. The land should not be allotted/sanctioned to the tribal land

holder under any law or rules.

(4) 57T :- Notice to the purchaser through transfer of name under

section (K) of sub-section (3) of section 73KK.

Under section (K) of sub-section (3) of section 73KK, the notice

to be given by the Collector to the purchaser by transfer of name should

be as per specimen of D-1 (Annexure-I).

(5) 57-TH :- Under section (K) of sub-section-3 of section 73KK,

when the account is returned to the tribal who transfers a name, then the

responsibility for payment of land revenue dues regarding this (3 Annual

installments). The tribal transferor on name to whom the account is

given back under section (K) of sub-section (3) of section 73KK, will be

responsible to give in 3 annual installments, as decided by the Collector,

the dues of land revenue regarding such accounts upto a revenue year in

which it is given back to him.

 369

(6) 57-D :- When Order has been issued to handover account, under

section (K), of sub-section (3) of section 73KK, then, the period to

inform the acceptance to handover its possession (90 days).

The tribal who transfers on name, has to inform to the Collector

regarding his acceptance to handover it within 90 days from the date of

informing the order to handover the account by the Collector under

section (K) of sub-section (3) of section 73KK.

(7) 57-DH :- Regarding paying price of account by tribal transferor

on name under sub-section (5) of section 73KK (Rupee One).

(K) The tribal transferor on name, on first occasion, account

price of name of RBI and on second and the occasions thereafter, by

paying savlati account price by three times of land revenue, will have to

give account under sub-section (5) of section 73KK and the said price,

should be paid within the limit as decided by the Collector from receipt

of notice from him.

(KH) Under sub-section (5) of section73KK, when the account

is to be given to any tribal except the tribal transferor on name, then it

will be given after paying twelve times account price of land revenue

eligible to give about the land and when the account is to be given to

any person except tribal, then after repaying market price of the land, it

will be given.
 370

(8) 57-N :- Distance for giving account under sub-section (6) of

section 73KK.

The tribal living within the distance of 8 Kms from the village, in

which the account is running, then he will be eligible to get the account

under sub-section (6) of section 73KK, and any such tribal is not willing

to purchase the account, then as per priority and conditions mentioned

for disposal of Government waste land it will be given to the persons of

other classes.

(9) 57-5 :- Registration and specimen of Agreement under section

(K) of sub-section (1) of section 73KDH.

The Agreement required under sub-section (K) of section (1) of

section 73KDH, should be as per specimen D-2 (Annexure-2) and

should be attested as prescribed in the above specimen.

(10) 57, F :- Method for attesting Agreement provided under sub

section (K) of section (1) of section 73KDH.

The attestation of Agreement provided under sub-section (K) of

section (1) of section 73KDH, should be done in the same manner as

done for claim application represented under section-7 of the Mamlatdar

Count Act, 1906.

 371

(11) Regarding rights for giving permission to transfer of lands for

the purpose of industries owned by the tribals.

(1) Tribal Districts of the State, where land is required for new

industries, and for that i.e. for the purpose of industries, no other land

can be got except the land of tribals of that area for the purpose of

industry and for getting land from tribals, prior approval of the Collector

is a must under section 73AA of the Land Revenue Act. For industrial

purpose, with a view of making easy to get tribal lands, following points

must be verified and thereafter permission should be given as follows :-

1. Make sure about getting reasonable price of their land for

selling it by the tribal land holder from the industrial units

purchasing the land.

2. Following details should be got from industrial units :-

K. If a purchaser of a land, willing to establish small industry,

then it must be assured about the getting S.S.I/Small Industry

registration by the purchaser of land from the Industries

Commissioner/DIC.

KH. If a purchaser of land is to establish medium scale industry

then, it should be assured that the purchaser of land has got DGTD

Registration from the Director General of Technical Development.

 372

If a purchaser of land is to establish large scale industries, then it

should be assured that the purchaser of land has got Letter of

Intent/Industrial Licence from Government of India.

3. The Collector should ensure from the Director General of

Technical Development/Industries Commissioner for large and

small industries and DICs about the requirement of square area

of land for small industries.

Collector has been allotted the rights to give permission to

transfer the tribal land for industrial purpose and considering the above

facts, instructions were given to give permission. But due to this, the

land of the tribals are easily transferred and by this way, they become

landless and without livelihood. Now, for industrial purpose, the

Government after careful consideration, has decided about the land of

the tribals to keep with Collectors the rights to give permission under

Section 73AA of the Land Revenue Act only for the industries as

mentioned below :-

(1) The purchaser has to get Letter of Intent/Industrial Licence from

the Government of India for large industries.

3. Except the industries as mentioned above, the Collector has to get

prior permission of the government before giving permission under

Section 73AA of the Land Revenue Act to transfer the land of the tribal

for industries as mentioned below :-

 373

(1) Small Industries in which the purchaser of land has to get

SSI/Small Industries Registration from Industries

Commissioner/DIC.

(2) Medium Industries in which the purchase of land has to get

DGTD Registration from Director General of D\Technical

Development.

4. For the purpose of above para 3(1) (2), under section 57 CL/(3)

and section 73AA of the Land Revenue Act to transfer the land of the

tribal, prior permission of the Government should be got before giving

permission under their powers, and for the purpose of above para 2(1),

the Collector should give permission and not from the Government; but

regarding this, a copy of the order issued in this regard should be sent to

the Government also.

In reference to above para 3(1) and 3(2), the Certificates of the

officers/authorities as indicated in the above para should be sent to the

Government at the time of submitting proposal for sanction of the

Government.

5. The Collectors should strictly implement the above instructions,

and after the assurance as above, and in case of prior approval from the

Government, the Collectors will have to give permission under section

73AA of the Land Act only after assuring about getting prior permission

of the Government.
 374

(12) Specimen of application to be applied by the applicant about

sale/transfer of controlled land under section 73AA of Land

Revenue Act.

With a view of preserving uniformity in the State and the proposal

can be prepared easily and grievances of the applicants are immediately

disposed of, specimen of an application is prescribed on Annexure-3 for

applying by the applicants in a prescribed form. Procedure is to be done

by receiving applications in a prescribed form from applicants on

demands. Along with the control of section 73AA of Land Revenue

Act, a provision has been made to apply by the applicant in Application

Form mentioned in Annexure-4 with Annexure-3 when the control of

new and unalienable tenure is also on the land.

(13) Check list about proposal of cases about prior permission of

Government under section 73AA :

Now after, at the time of submitting proposal to the Government,

instructions is being given to all the Collectors and DDOs to send

information in both check lists and to present both the proposals at one

time if the land is of new and unalienable tenure at the time of

presenting in the Government, the proposals being sent to this

Department in such cases in which orders are to be issued by getting

prior approval of the State Government for transfer of controlled lands

under section 73AA of Land Revenue Code and with clear opinion of
 375

the Collector/DDOs on the basis of orders/rules regarding it, and

existing laws with proof/evidences of complete details in a prescribed

new checklist (Annexure-5).

It has also come to the notice that proposals are being presented

as “Special Case” in the Government mentioning that permission could

not be given by the Collector/DDO in the cases in which

Collectors/DDOs are empowered for the cases by the Act/Rules/Orders.

So, such proposals should not be submitted to the Government, but such

cases should be disposed of by the Collectors/DDOs.

(14) Evaluation about transfer of land :

Evaluation should be done about such proposals considering

standards being taken into consideration at the time of evaluation while

transfer of lands of new and unalienable tenure when it is sent to the

Government for prior permission, when the proposals of lands coming

under the jurisdiction of the Government about transfer of controlled

lands under section 73AA of Land Revenue Act.

(15) Which sanction should be taken first in cases of controlled

lands and new tenure or controlled by Tenancy Act and

Section 73AA of Land Revenue Code.

Restrictions have been imposed by the provisions of section 73A,

from section 73AA to section 73AD of Land Revenue Code for

sale/transfer of agricultural and non-agricultural lands of tribal to a tribal

 376

or non-tribal. For such lands, permission is compulsory under section

73A, Section 73AA and Section 73AD of Land Revenue Code first in

cases where the restriction of new tenure or section 43 of Tenancy Act is

applicable, and thereafter, permission is compulsory under new tenure

or section 43 of Tenancy Act.

(16) About submission at a time to the Government, the proposals

of new Tenure and section 73AA of Land Revenue Code :

It has come to the notice of the Government that there are also

“inalienable” (being possessed by new and inalienable tenure) lands

besides under section 73AA certain restricted lands among the proposals

being sent to this Department of the Government. In such cases, orders

are to be made by getting prior permission of the State Government for

transfer of restricted lands under section 73AA of Land Revenue Act.

Due to this, proposal is to be made to give permission under section

73AA first. Thereafter, Collectors submit proposals about premium for

lands of unalienable restricted new and unalienable tenure. Due to this,

the work of Collectors and the Government doubles. So, under section

73AA of Land Revenue Act, when the proposal is sent for prior

permission of the State Government, if this land is of unalienable tenure

i.e. new and unalienable tenure, then necessary instruction is given to

send both the proposals together, so the work of Collectors and

Government should not be doubled. For this, the necessary proposal is

 377

to be sent with required information in check list submitted in

Annexure-5 and 6.

(17) Regarding not to send the transfer proposals as special case :

With a view of not usurping lands easily by scolding or

temptation or greed by the non-tribals or rich tribals possessed by tribal

owners, legal restrictions have been imposed on transfer of such lands

under section 73AA of Land Revenue Act. Legal provision has been

made in rule 57(L) of Land Revenue Rules to whom, for tribal owners

that what purpose and in which circumstances such lands can be

transferred. Though these important provisions are themselves clear in

the rules, orders are asked from Government sending as "special case".

Such proposals which are not harmonious with these provisions, which

is not fair. Because, by this way, the time and work of the Government

is wasted. Moreover, these provisions are statutory, so no permission

can be given in special case even in exceptional circumstances. So, it is

hereby informed not to send as "special case" exceptional case in the

provisions made in rule 57(L) of Land Revenue Rules, the proposals of

restricted lands for transfer under section 73AA of Land Revenue Acts

and if it is sent, instructions are given that strict actions will be taken

against the concerned officer/employee considering this matter serious.

 378

(18) About transfer of lands mortgaged and constructing

residences of agricultural labourers, small and marginal farmers.

The Government has decided that it is not necessary to take

permission of the Government earlier by the Collector for that and to

give permission under section 73A and 73AA of Land Revenue Act to

sale for constructing residences to the tribal or non-tribal agricultural

labourers and small and marginal farmers, the land of any tribal.

Moreover, the government has also resolved to give powers to the

Collector and about no requirement of prior approval of the government

in a case of selling land to non-tribal in case of dues being recovered as

land revenue dues in sub-para-3 of para-3 of Land Revenue Rule 57-L.

(19) About transfer of self-earned land :

New Rule 57L(4) has been added after rule 57L(3) of Land

Revenue Rules. As per this new rule, if a tribal owner has purchased

from any non-tribal through own financial sources, then the powers to

give permission of transfer of such lands have been given to the

Collectors or to the District Panchayats for such lands of scheduled

areas. However, this provision does not apply to a tribal owner for

transfer of the land granted under any laws/rules. If this land is got in

heir by their ancestors to the self earned land owner tribal owner then

the clarification was found necessary regarding this benefit of provision

of the above new rule. After careful consideration by the government, it

 379

is clarified that if the ancestors of the tribal have earned this land by

their own financial sources from non-tribal and the so-called land

gradually continuously held through hereditary rights though the self

earned tribal owner can be called as the owner, because this land is not

given to them by the government. So, if such lands are to be transferred,

then, as per the provisions of newly added rules, it is to be transferred by

getting prior approval of the competent officer. In such cases, all the

Collectors/District Panchayats are informed to carry out procedure as

above by necessary verification and clearly mention in such cases.

(20) About giving powers of land transfers to District Panchayats :

The powers have been given to the District Panchayts of the State

under this section only for scheduled areas by amending in section

73AA of Land Revenue Code by the Gujarat Act 5, 1998. the

notification dt. 31-12-77 of the Central government has been

republished by English notification dt. 8-5-78 of the Employment,

Social Welfare & Tribal Development Department of the State. Under

this scheduled areas have been fixed. In which, the area of Gujarat State

(Annexure-7) has been included with other States.

1. Scheduled Areas :- The legislative Department of the

government of India has republished the first by a notification dt. 8-5-78

of State Labour, Social Welfare and Tribal Development Department,

which was published with scheduled areas of othe Gujarat State by

 380

"Scheduled Area" Order, 1977 on 31-12-77. the same list was sent to all

Collectors/DDOs and Prant Officers by a letter No. ADJ-1099-1491-J,

dtd. 9-5-99 of the Revenue Department. According to this list,

scheduled areas are as follows :-

1. Surat : Uchchhal, Vyara, Mahuva, Mandvi, Nizer, Songadh,

Valod, Mangrol and Bardah talukas.

2. Bharch : Sagiara, Valia, Nandod and Zaghadia talukas.

3. Dang : Dang taluka & District.

4. Valsad : Vansda, Dharampur, Chikhli, Pardi, Umargaon

talukas.

5. Panchamahals: Zalod, Dahod, Santrampur, Limkheda,

Devgadhbaria talukas.

6. Vadodara : Chhota Udepur, Nasvadi taluka & Tilakvada Mahal.

7. Sabarkantha : Khedbrahma, Bhiloda, Meghraj taluka & Vijaynagar

Mahal.

(21) About giving to the concerned District Panchayats, the powers

about giving permission of transfer of land.

Considering the amendment made in Panchayat Act, the

Government of India has implemented Gujarat Act No. 5 of 1998 about

to do required amendments in Panchayat Laws and other laws of the

State Government. Under this Act, amendment has been made in

section 73AA of the Mumbai Land Revenue Law and under section
 381

73AA, powers allotted to the Collectors, have been given to the

concerned District Panchayats only for scheduled areas. In this context,

rules have been published by amending in concomitant Land Revenue

Rules. So, in context of the above rules, the powers to give permission

for transfer of lands possessed by tribal owners in scheduled areas, are

being given to the concerned district Panchayts instead of concerned

district Collectors, and where the orders are to be issued by getting prior

approval of the State government, there the concerned district Panchayat

will have to submit proposal in a prescribed manner to this Department

and will have to get prior approval. For example, where the transfer of

land is being done for industrial purpose, there the Collector is getting

prior sanction from the government instead of that, the district

Panchayats has to submit the proposal in a prescribed manner for prior

sanction to the Revenue Department.

(22) About submission to the government by District Panchayat,

the proposals of section 73AA of Land Revenue Act.

The powers have been given to the concerned District Panchayats

instead of concerned Collectors for scheduled areas only which were

earlier with the Collectors under section 73AA to give permission for

transfer of lands possessed by tribal owners in scheduled areas and

where the orders are to be issued by getting prior permission of the State

government, there, the instructions have been given to get prior

 382

permission by submitting proposal in a prescribed manner to the

Revenue Department by the concerned District Panchayats.

Accordingly, the District Panchayats will have to issue orders only after

getting permission of the Revenue Department by submitting proposals

in a prescribed manner, where the prior permission of the State

Government is required by the District Panchayats, and such instructions

have already been given to all the District Panchayats.

(23) About applying section 73A, 73AA of Land Revenue Act to

non- agricultural land :

1. About this, it has been found by legally verifying that the section

73-A, 73AA, 73AB(AC), 73AD of the Land Revenue Code, 1879

apply to both the types of land, i.e.; to agricultural and non-

agricultural lands. So, prior permission of the Collector is

essential first for transfer of agricultural and non-agricultural

lands possessed by the tribals.

2. Collectors have been instructed to initiate necessary procedure

considering provisions under section 73A, 73AA etc. also for

transfer of non-agricultural lands of the tribal.

(24) Section 73AA of Land Revenue Code. About transfer without

getting prior permission after transferring non-agricultural

restricted lands.
 383

Restricted agricultural lands of section 73A/73AA of tribals, they

are being transferred only after converting them into non-agricultural

lands. As the powers to give permission of non-agricultural in

Panchayat areas are with the District Panchayats, the details about

cnversion of the agricultural land into non-agricultural lands may not be

with the Collectors. Restriction of section 73A/73AA is also applicable

to the non-agricultural lands. The necessary procedure has to be carried

out by the Dy. Collector (LND6) and record of rights teams as per law

by detecting cases of sale/transfer of lands of tribals without getting

prior permission under section 73A, 73AA into non-agricultural lands.

(25) About transfer of tribal lands in favour of affected people of

the Reservoir Project.

With a view of according priority to purchase lands of tribals to

the affected people of the Reservoir Project, necessary sanction should

be given by initiating procedure by following the instructions as

mentioned below for giving permission under section 73AA of Land

Revenue code, subject to the provisions mentioned in the rules regarding

this and section 73AA of Land Revenue code.

(1) Affected people of any Reservoir Project in Gujarat by whom an

application is submitted about giving permission under section

73AA of Land Revenue code to sell their land by the tribal land owners

and to purchase land from the tribals, then necessary sanction should be
 384

given on priority basis in the eligible cases as per rules by initiating

necessary verification on priority basis in their cases.

(2) Proposal should be submitted to the government on priority basis

without delay by the Collector in the cases, wherever it is applied

for asking permission under section 73AA of Land Revenue code for

sale of his own land by the tribal applicant in the cases where the

sanction of the government is required.

(3) Review Meeting should be held per month by the District

Collector where such cases have arisen with a view to avoid delay

about giving permission under section 73AA of Land Revenue code for

transfer of land of tribals in favour of affected people of the Reservoir

Project, and invitationshould be given to remain present for presentation

from them to the representative of their committee in a meeting if a

committee or any special officer from the government has been

appointed to become helpful in purchasing land of the affected people.

These instructions should be strictly implemented and in regard to

the transfer of land, special care should be taken that no tribal land

owners are exploited in any way and in any kind.

(26) Regarding giving rights to transfer lands possessed by tribals

in favour of affected people of Narmada Project :

(1) Considering the purpose to prevent haphazard transfers of

lands possessed by tribals in Gujarat State, restrictions have been

 385

imposed on transfer of tribal lands by section 73A of Bombay Land

Revenue Act, 1879 and thereafter, by section 73AA, 73AB, 73AC and

73AD of Mumbai Land Revenue (Gujarat Amendment) Act, 1980.

district Collectors have powers to give permission as per the provisions

of rules for transfer of tribal lands. Direct permission is given under

section 73A, 73AA by the Collector for transfer of land between one

tribal to another tribal. While Collector can give permission after

getting prior permission of the government under section 73AA (under

para (3)2(1)) for the purposes other than industrial purpose for transfer

of lands between tribals and non-tribals.

(2) In regard to sale of tribal lands, on arising problem in

context of affected people of the Reservoir Project, the government

has earlier given necessary instructions through various circulars

regarding undertaking procedure on priority under section 73A,

73AA of the time of transfer of tribal lands in favour of affected

people.

(3) Only the Additional Collector (Narmada), Vadodara will

give permission under section 73AA of Land Revenue Code

considering provisions of rules under section 73AA of Land Revenue

Code to purchase from tribals, the agricultural and for affected people of

Narmada Project. Additional Collector (Narmada), Vadodara, can only

exercise powers got to the respective District Collectors, i.e.; he will

 386

give permission as per rules only for transfer of lands being done

between tribal - tribal only, the direct permission under section 73AA of

Land Revenue Code. Such permission will be given by the Additional

Collector (Narmada), Vadodara in only cases in which the transfer of

land is made between one tribal to another tribal as a part of his duties of

rehabilitation in only that such cases, barring these cases, the Collector

has to initiate a separate procedure as per rule for another cases.

(4) One copy of an order about giving permission under section

73AA of Land Revenue Code will be sent to the government also.

So that a note can be maintained about transfer of tribal land in favour of

the affected people.

(27) Regarding familiar distribution of Restricted lands under

section 73AA of Land Revenue Code.

If the transfer of land is being done through familiar distribution,

no prior permission of the Collector is required. However, provisions of

other law/rule (in which any law and unification of law has been

included) should be taken into consideration. Moreover, it is to be

verified in deep details about the aspect of whether any person is entitled

to get the right of co-participant by hereditary rights as per law at the

time of admitting the name from the co-participant and whether it is

proportionate to their share and among the legal heirs, the distribution

wherever it is distributed.
 387

(28) Regarding procedure of Breach of condition under section

73AA of Land Revenue Code.

The Collector has to conduct procedure for breach of condition

done about sale/purchase between tribal - tribal and tribal - non-tribal

under section 73AA of Land Revenue Code. District Panchayat has not

to conduct such procedure.

(29) Regarding grant on lease or tenancy the restricted land under

section 73AA.

It is informed regarding the inquiry whether prior approval is

essential if the restricted lands are transferred on lease or tenancy under

section 73AA of Land Revenue Code, that the transfer of land on lease

or tenancy can be considered as transfer. So, as per law, permission of

competent officer is a Company.

(30) Regarding change in purpose of land sold under section 73AA

of Land Revenue Act.

Under rule 57(L) (3) of Land Revenue Rules, the Collector/DDO

are giving permission (in scheduled areas) after getting prior permission

of the Government for real purposes as mentioned in these rules for

lands of tribal owners to the non-tribals under rule 57(L)(3) of Land

Revenue Rules. After getting such permission, this land should be used

for the purpose, for which it is permitted, e.g. it will not be proper if any

person uses this land for agricultural purpose instead of that the
 388

permission is given for educational purpose or is given for magnificence

purpose and use is for profitable purpose, then it will be illegal and not

harmonious for law. Thus, it is proper to the law if a person uses this

land for which purpose the land is purchased and permitted.

The Collector should assure about that whether the separate

register of lands owned under above sections of law is maintained in the

Mamlatdar Office or not.

The check-list for proposal in cases for getting prior approval of

the government for sale or transfer of lands under section 73AA is given

in Annexure-5 of compiled Circular No. ADJ-102003-263-J, dt. 18-3-

2006 of Revenue Department. These proposals are being prepared by

the Office, it should be filled-up carefully the details of check-list and

above instructions.

If such lands are of restricted type of power or new and undivided

conditions besides being restricted under section 73AA, it is to be

submitted to the government through Collector, the proposal in check-

list as per Annexure-5 & 6 by keeping in mind the circular of even

number and Resolution No. NSHJ-102006-571-J, dt. 20-12-2006 of the

Revenue Department, the procedure would be speedy, easy and perfect,

as the revenue record is latest to fill-up details in the checklist.

 389

CHAPTER-22

Lands of Bhoodan

As per the provisions made in rates of the Saurashtra Bhoodan

Yojana Act, 1953 and Rules, 1954, the land got in Bhoodan will be

cultivated by ownself. This land is not to be sold or given in sharing/not

to be kept as waste. For breach of condition of such lands, lands are

acquired by the government. As per section 88A of the Tenancy Act, no

provisions of Tenancy Act are applicable to the lands transferred by him

or to the Bhoodan Committee. Thus, special importance is given to the

lands of Bhoodan under this Act. So, the Collector should take care of

any mischief or meddling in the matter of lands received in Bhoodan in

the Revenue records.

However, it has come to the notice of the government that illegal

orders are being issued to give non-agricultural permission by

transferring the Bhoodan lands into old conditions by overruling the

powers, which is against law. So, the following instructions should be

taken into notice :-

 As the change of purpose of the lands of Bhoodan is not granted

in law, the question to remove restrictions of new

conditions/P.S.P. does not arise.

 390

 Following provisions should be implemented of the Circular No.

BHDN-142003-420-K, dt. 6-1-2004 of the Revenue Department

of the government.

1. The person getting in donation, the land of Bhoodan, possesses all

the rights on this land got by the person who gives donation, i.e.; if

the land of donating person is originally of new and undivided

condition, then the same limited rights are possessed by a person getting

the donation and if the land of donating person is of old condition then

the person receiving donation will get the land with full rights.

2. The land is given on the condition that the land donated in

Bhoodan is to be cultivated by own self. It is not to be sold in

partnership or under given for cultivation to others, also should be left as

waste.

3. If the person receiving the donated land is not cultivating it by his

own self, the procedure can be done for this land primarily as per

the procedure being done according to the law regarding the land

of any Land holder. It means that if it is proved that another

person is cultivating this land by tenancy rights, then they have

the rights for possession of this land.

4. Those who have got the land in donation, and have migrated to

other place by leaving that land, the original donor has no rights on

such land. After all such land can be owned by the government
 391

treating it as non-hereditary and it can be properly disposed of. If such

land is in possession of unauthorised person, then it should be entered

under government head to leave its possession and to inquire for it.

5. As clarified in rules under Saurashtra Act, land is given in

donation to the landless persons by the Bhoodan Committee for

livelihood by cultivating the land by one self. So, no any other person

can use such lands. If it is found to give such lands on lease in

Saurashtra area, then there is a provision for procedure under the lease

Prohibitory Act. Procedure can be done under the Tenancy Act in the

remaining areas of the State.

6. There should be words like "Land received by donation" or

"Bhoodan- land" on the top of Villaged Form No. 7/12 of land

received in Bhoodan. The question does not arise to delete words

like "New and Undivided Power Type" as the land of Bhoodan

cannot be sold.

As shown above, there is a self cultivation on the land owned by

Bhoodan. It can be used for other purposes by getting approval of the

government before using for other purposes.

 392

Chapter -23
Disposal of govt. waste land for agricultural purpose

The government has revealed policy of allotment of government

waste land for agricultural purpose under GR R.D. No.LND-3960-A Dt.

1-3-60 and accordingly govt. waste land was allotted for agricultural

purposes. In order to remove difficulties experienced and for

rationalization of it detailed guidance and procedure were prescribed

under GR RD No. JMN- 3988-3290-(A) dt. 15-2-89. Thereafter

amendments were made from time to time and finally these resolutions

were coordinated in one resolution No. JMN-3920-3-454-(1)A Dt. 1-11-

2003 Instructions were issued for disposal of govt. waste land for

agricultural purpose. Action should be taken by following it and other

provisions consistent with it. This procedure is as under which is to be

brought to your notice. Provisions of original GR Dt. 1-3-1960 for

disposal of government waste land are reproduced as under which will

be useful for study.

G.R.No. LND.3960-Al, dated 1st March, 1960

Waste Lands
Disposal of__

Disposal of Government waste lands is governed by the order

issued in Government Resolution, Revenue Department, No.

LND.3953-V-B, dated 20th August 1954, as amended from time to time.

 393

In practice, however, permanent disposal has not taken place on any

large scale on account of the following four bans:

1. Ban on account of Land Utilization Survey Scheme.

2. Ban on account of schemes for rehabilitation of persons

affected by certain irrigation and power projects.

3. Ban on account of forest settlement.

4. Ban on account of afforestation schemes including the

scheme for checking the spread of Runn of Kutch.

Government has now decided that except in respect of ban at

Serial No. 2, all other bans should be removed and permanent disposal

of Government waste lands including those leased out from time to time

should be undertaken according to the order contained in this resolution

and the memorandum of instructions accompanying the Government

Resolution. These orders supersede all existing orders regulating

permanent disposal of Government wastelands for cultivation. These

orders, however, will not apply to districts to which the ban mentioned

at item No. 2 applies.

2. Lands to which these orders will apply: All collectors should

prepare a list of Government waste lands which could be

permanently disposed of. This should be done in accordance with

the instructions printed as an accompaniment to this resolution.

These orders will apply to all lands included in the Final List

referred to in paragraph 1 of the instructions mentioned above.

 394

3. Except fragments and lands of awkward shape, all other

Government waste lands included in the Final List shall, subject

to the provisions of paragraph 11 below, be disposed of according

to the priorities laid down in paragraphs 3(a) and 3(b) and subject

to the conditions mentioned in paragraph 4 below.

3(a) Priorities for grant of lands in areas other than Scheduled

areas-

(i) Existing Eksali lessees of Government waste lands including

co-operative societies who have cultivated these lands for a

continuous period of three years or more prior to the issue of

these orders.

(ii) Agriculturists who have been deprived of their lands as a

result of acquisition of the same by Government for a public

purpose other than for irrigation and power projects in

respect of which separate schemes for rehabilitation of

persons affected by such projects have been framed,

provided the acquisition has reduced his holding to less than

an economic holding.

(iii) Co-operative Joint Farming Society of Backward Class

cultivators;
 395

(iv) Co-operative Farming Society of Backward Class

cultivators;

(v) Co-operative Joint Farming Society of land less persons;

(vi) Members of Backward Classes who hold no land or land less

than an economic holding;

(vii) Persons who have suffered and/or have become destitute on

account of their having taken part in the various movements

for achieving independence and who have now no other

means of maintenance and who agree to cultivate lands

personally;

(viii) Prohibition affected persons who agree to cultivate the land

personally;

(ix) Ex-servicemen who really need agricultural lands for

maintenance of their family and who agree to cultivate the

land personally.

(x) Landless agricultural labourers other than those belonging to

the Backward Classes who agree to cultivate the lands

personally.

3(b) Priorities for grant of lands in the Scheduled areas –

(i) Existing Eksali lesses belonging to Backward Classes

including co-operative societies of such persons who have

 396

cultivated these lands for a continuous period of three years

or more prior to the issue of these orders;

(ii) Agriculturists who have been deprived of their lands as a

result of acquisition of the same by Government for a

public purpose other than for irrigation and power projects

in respect of which separate schemes for rehabilitation of

persons affected by such projects have been farmed

provided the acquisition has reduced their holding to less

than an economic holding;

(iii) Co-operative joint Farming Society of Backward Class

cultivator;

(iv) Co-operative Farming Society of Backward Class

cultivators;

(v) Members of Backward Classes who hold no land or land

less than an economic holding;

(vi) Existing Eksali lessees not belonging to Backward Classes

including co-operative societies who have cultivated these

lands for a continuous period of three years or more prior to

the issue of these orders;

(vi) Existing Eksali lessees not belonging to Backward Classes

including co-operative societies who have cultivated these

 397

lands for a continuous period of three years or more prior to

the issue of these orders;

(vii) Co-operative joint farming society of landless persons;

(viii) Persons who have suffered and/or become destitute on

account of their having taken part in the various movement

for achieving independence and who have now no other

means of maintenance and who agree to cultivate lands

personally;

(ix) Prohibition-affected persons who agree to cultivate lands

personally.

(x) Ex-servicemen who really need agricultural lands for

maintaining their family and who agree to cultivate them

personally.

(xi) Landless agricultural labourers other than those belonging

to the Backward class who agree to cultivate them

personally.

4. Limitation on grant of land-

(i) No grant shall be made in favour of persons who already

own land equal to or exceeding one economic holding.

(ii) No grant in favour of individuals shall exceed an economic

holding provided that where the grant is in favour of person

 398

who already owns land less than an economic holding, the

grant shall be limited to an area sufficient to bring up this

holding to an economic holding;

(iii) Limitation in respect of Co-operative Societies :- In respect

of grant to the co-operative societies mentioned in

paragraphs 3(a) and 3(b), the extent of land that can be

granted should be determined by multiplying the unit of

economic holding by the number of members of such

society provided that such limit may be exceeded if it is

necessary to do so to provide a compact block. In no case

should the limit exceed two economic holdings per member

except with the special sanction of Government.

(iv) The priorities assigned to co-operative societies referred to

in paragraphs 3(a) and 3(b) shall apply only if no member

holds lands equal to or exceeding an economic holding:

(v) No grant shall be made in favour of any person who does

not reside within a radius of five miles of a village in which

the lands are situate and in the case of co-operative society,

if the majority of its members do not reside within a radius

of five miles.

(vi) All grants shall be on new and impartiable tenure and the

grantee shall have to execute an agreement containing a

 399

condition that the land shall be brought under cultivation

within two years of the grant and that the grant shall be

liable to be cancelled if the land is left fallow or neglected

without valid reasons.

Note : In computing an economic holding, the land already

held by a person either as an owner or tenant or lesses shall

be taken into account.

5. Disposal of fragments and land of awkward shape – Land, which

is waste because of its small size of awkward shape or situation or

is less in extent than the standard area under the Bombay

Prevention of Fragmentation and Consolidation of Holdings Act,

1947, shall be disposed of to -

(i) the adjoining owner, if there is only one such person;

(ii) the adjoining owner who is a co-operative society, if there

are more than one adjoining owners of which only one is a

co-operative society.

(iii) to the adjoining owner who is a member of the Backward

Class, if there are more than one adjoining owners out of

which none is a co-operative society but only one of them

is a Backward Class owner.

 400

(iv) to a Backward Class adjoining owner whose holding is the

smallest in size if there are more than one Backward Class

joining owners and co-operative society is not the adjoining

owners;

(v) to an owner whose holding is the smallest in size if there

are more than one adjoining owners and none is a co-

operative society or none is from the Backward Class.

6. The detailed procedure to be followed for the disposal of lands is

contained in the instructions appended to this resolution.

Collectors should ensure that these instructions are fully complied

with.

7. The occupancy price chargeable in respect of grants made under

paragraphs 3(a), 3(b) and 5 above shall be as follow :-

(i) In case of co-operative societies nil, if the grant is of virgin

soil and 5 times the assessment if the grant is of non-virgin soil;

(ii)(a) In case of grant in favour of individuals who belong to

Backward classes nil, if the grant is of virgin soil and 6 times the

assessment if the grant is of non-virgin soil;

(ii)(b) In case of grants in favour of persons other than members

of Backward Classes, 12 times the assessment if the grant is of

virgin soil and 24 times if the grant is of non-virgin soil.

 401

8. Instalments :- The occupancy price may be paid in instalments

which shall not exceed six in case of non-Backward Class

cultivators and twelve in case of Backward Class cultivators.

9. All grantees shall have to pay full assessment of land, except than

when the grant is of virgin land, no assessment shall be charged

for the first five years if the grant is in favour of co-operative

societies and Backward Class persons and for the first three years

in case of grants to others.

10. Forfeiture of lands : For breach of any of the conditions of the

grant, the land shall be liable to forfeiture subject to refund of the

amount of occupancy price recovered from the grantees. No

compensation shall, however, be paid for improvement, if any,

carried out on the land. Failure to pay the instalments of

occupancy price on due date or continuous default in payment of

assessment maybe treated as a breach invoving forfeiture.

11. Gramdan Villages :- Thre are servant villages which are fully

Gramdan villages. Government waste lands in such villages

should be allotted to the Gram Swarj Sahakari Santha, which is

contemplated to be formed as a farming as well as an all purpose

co-operative society for such villages.

 402

12. Exception : These orders shall not apply to -

(a) Bet and Bhatha lands, Kotar lands, Khar lands, Tankbed

lands and River bed lands whose disposal is regulated by special

orders, and

(b) lands in the District of Dangs.

13. Notwithstanding anything contained in the foregoing paragraphs,

Collectors may recommend special cases to Government for the

relaxation of these orders and Government reserves to itself the

power to do the same having regard to the facts and circumstances

of each cases.

INSTRUCTIONS REGARDING PERMANENT DISPOSAL OF

GOVERNMENT WASTE LANDS

The following instructions are issued for the guidance of Revenue

Officers in implementation of Government Resolution No. LND 3960-

AI, dated 1st March 1960, regarding permanent disposal of Government

waste lands :-

Before permanent disposal is undertaken, it is necessary to know

what lands are available for disposal. The collectors should, therefore,

prepare a list of lands available for disposal. This list is hereafter

referred to as “The Final List”. It is necessary to do this to avoid at the

time of disposal of Government waste lands claims, representations and

 403

appeals to Government from various parties for the lands proposed to be

disposed of. Experience has revealed that considerable delay, resulting

in waste of labor, time and money, occurs on this account. It is

therefore, desirable that all possible claims are examined beforehand and

a Final List of lands available for disposal is prepared before the actual

disposal starts.

2. The Collectors should first have a list prepared of all Government

waste lands available in a village. This list will include all Government

waste lands including those leased out for cultivation on Eksali basis,

lands reserved and likely to be required to be reserved for a public

purpose. This will be the provisional list and the Final List will be

prepared after taking into account-

(1) the effect of the various bans on permanent disposal of

lands;

(2) the lands required for public purposes.

3. There are, at present, four kinds of bans on the permanent

disposal of Government waste lands:

(a) The first is a ban imposed on account of schemes for

rehabilitation of persons affected by certain irrigation or power

projects. This ban applies to the districts of North Satara, South

Satara, Sabarkantha, Sant taluka of Panchmahals,Kudal Mahal of

 404

Ratnagiri, Mangaon, Roha and Alibag Talukas of Kolaba and

Mhasla, Poladpur, Shriwardhan and Murud Mahals of Kolaba and

the Collectors of these Districts will not be in a position to

prepare the list (Final List) until all the affected persons are

rehabilitated. In any case, in respect of all villages of these

districts, there will be no Final List and hence orders contained in

Government Resolution No. LND 3960-AI, dated 1st March 1960,

will not apply. The collectors should however, finalise, schemes

for rehabilitation of these affected persons and submit them to

Government so that lands not required for such rehabilitation can

be included in the Final List for disposal according to

Government Resolution mentioned above.

(b) A general ban has been imposed pending completion of

Land Utilisation Survey. This survey has been proceeding very

slowly and Government feels that permanent disposal of these

lands cannot be held up any longer. Government has, therefore,

decided that where the survey has been completed, all A and B

class lands shall be included in the provisional list, C and D class

lands shall not be included under the list unless they have also

been under cultivation for a period of 3 years or more and the

existing lessee is prepared to have the land permanently granted

to him. Where the survey has not taken place, all lands which are
 405

under cultivation for a continuous period 3 years or more shall be

included in the list. Lands not so cultivated shall not be included

until they have come under cultivation for 3 years or more or until

the survey has classified them, whichever is earlier. Lands which

are declared as only fit for afforestation, or grazing under the

Land Utilisation survey, shall not be included in they have not

been under continuous cultivation for a period of 3 years or more.

(c) A ban on permanent disposal has also been applied to

certain districts for forest settlements and afforesation schemes

including a scheme for checking the spread of the Runn of Kutch.

Government has decided that permanent disposal of Government

waste lands need not be held up on this account and that an early

decision as to which areas should be reserved for these purposes

;must be taken. Government has, therefore, decided that the

following procedure should be adopted to decide finally which of

the Government waste lands should be earmarked or these

purposes.

The Conservators of Forests should prepare a list of

compact areas which are likely to be required for afforestation

purposes for each district to which the ban on account of the

scheme for forest settlement and afforestation applies. This list

should give full details of the lands such as survey numbers,

 406

acreages involved, names of villages, etc. and a copy of this list

shall be forwarded to the Collector. The Collector will forward

the list with his comments to the Commissioner who will make

final recommendations to Government after taking into account

the views of the Chief Conservator of Forest and the Revenue

Officers. The Collector‟s comment will include his opinion on the

need for such reservation as also the relative merit of rival claims

such as claims on such lands for cultivation by landless persons or

claims of public bodies like Panchayats for public purposes. The

recommendations of the Commissioners will be considered by a

Committee consisting of Secretary, Revenue Department and

Secretary, Agriculture and Forest Department. Once this

committee has taken a decision, lands not reserved for any such

afforestation scheme should be included in the Final List.

The procedure will not be followed in districts where no

such ban has been imposed.

4. Before a decision is taken to dispose of permanently all

Government waste lands, claims of local bodies and/or villagers

for reservation of lands for pubic purposes should be considered.

At the same time, Government feels that once disposal starts, the

work should not be held up by all sorts claims. Very often

representations from rival groups of factions in village and

 407

appeals to Government tend to cause delay in the ultimate

disposal of Government waste lands. Vested interests also

interfere with speedy implementation of Government policy.

Government has, therefore, decided that all such claims should be

examined and finally disposed of by the Commissioner. The

following procedure should be followed:-

The Mamlatdar while preparing the provisional of available

Government waste lands will also prepare a list of lands required

for public purposes in the villages. These purposes will included

he following in that order of priority :-

i. Schools, playgrounds, gymnasia

ii. House sites.

iii. Burial and cremation grounds

iv. Grazing.

v. Cattle sheds and cattle stands

vi. Manure pits.

He will consult the Panchayat and the general opinion in the

village and send his recommendations to the Prant Officer. He

will at the same time send a copy of the provisional list along with

his recommendations regarding reservations for public purposes

to the Social Welfare Officer. The Prant Officer after taking into

account the views of the Social Welfare Officer shall submit his
 408

recommendations to the Commissioner through the Collector. The

Commissioner after considering the recommendations of the

Collector and after giving due weight to the views of the Social

Welfare Officer decide finally which of the lands shall be

reserved in the village for public purposes. Lands so reserved

shall not be entered in the “List”. No lands which have been given

for cultivation on Eksali lease shall be earmarked for any public

purpose and all such lands shall be included in the “List”.

5. Since the existing lessees fulfilling certain conditions will have

the highest priority, the Mamlatdar shall while sending the

provisional list send a statement in the form contained in

Appendix A to the Prant Officer showing the name of existing

lessees and the area in acres of lands, each survey number which

will be required to be allotted to him on a permanent basis in

pursuance of paragraph 4 of the Government Resolution. The

Final List will thus consist of all lands included in the provisional

list minus the lands required to be reserved for afforestation

schemes, and lands reserved for public purposes. Lands required

to be granted on a permanent basis to the existing lessees shall,

however, be included as in the case of the latter a permanent

disposal has to be made.

 409

6. If the existing lessee has carried out improvements of a

substantial nature on the land leased to him, and is not under

paragraph 4(1) of the Government Resolution No. LND-3960-A1,

dated 1st March 1960, entitled to retain any of the land leased to

him he should be allowed the option of retaining such leased land

on which he has effected such improvements, provided he

surrenders an equal area of his own land.

7. As soon as the Final List is prepared, the Collector will send

copies to the Social Welfare Officer, Assistant Registrar, Prant

Officer and the Mamlatdar. The Mamlatdar will publish it in the

village and all villages within a radius of five miles as also exhibit

the same in the Taluka Office. A list of reservations made for

public purposes shall be supplied to the Social Welfare Officer,

the Assistant Registrar, the District Local Board and the village

Panchayat. A list of recommendations made for afforestation

schemes will be supplied to the Chief Conservator of Forests,

Conservator of forest and the Divisional Forest Officer as also to

the Social Welfare Officer and Assistant Registrar.

8. Procedure for disposal of lands included in the list :- (i) Within 3

months from the receipt of the Final List, the Social Welfare

Officer will submit his proposals for allotment of the lands

included in the list to the categories of Backward Class persons

 410

and co-operative societies of Backward Class persons and

landless labourers referred to in paragraphs 3(a), 3(b) and 5 of

Government Resolution No. LND-3960-A1, dated 1st March,

1960. Such proposals may be made either for an existing co-

operative society or for a society to be formed. A copy of the

proposal shall be sent direct to the Prant Officer and another will

be submitted to the Collector. The social welfare officers will not,

however make any proposal for grant of land which will be

required to be retained with the existing lessee.

(ii) The Prant Officer will thereafter proceed to dispose of lands by

holding Land Kutcheris in as many central villages as possible

according to a specified programme fixed in advance after intima-

the Social Welfare Officer. In order to ensure that the Social

Welfare Officer is able to remain present or to depute his

representative it is desirable that such programme for all the Prant

Officers should be fixed by the Collector at a meeting at which

the Social Welfare Officer is present. The Prant Officer will

ensure that widespread publicity is given to this programme by

publishing it in all villages, taluka office, District Collector‟s

office and in local news-papers and that details of lands which

will be disposed of at each Kutcheri are published well in advance

in all the neighboring villages. Applications should also be invited

 411

from the agriculturists before the Kutcheris are held. If any

political party has nominated a representative copy of the

programme shall be sent to such representative at least 15 days in

advance.

(iii) At the Kutcheris, the Prant Officer shall proceed to allot lands

according to the priorities laid down in paragraphs 3(a), 3(b) and

5 of Government Resolution, No. LND-3960-A1, dated 1st March

1960, Subject to the demands in the first 2 categories mentioned

in paragraph 3(a) of the Government Resolution referred to

above, the Prant Officer shall give due weight to the

recommendations of the Social Welfare Officer in making grants

to the Backward Class Co-operative Societies and members of

Backward Class and of the Assistant registrar of Co-operative

Societies in respect of co-operative Societies of landless labourers

referred to in paragraphs 3(a),3(b) and 5 of the Government

Resolution referred to above, final disposal shall not be made

until after obtaining the orders of the Collector. If the Social

Welfare Officer or his representative raises any objection to the

grant of land to the first or second category, it shall be heard only

if it relates to the question whether the person concerned belongs

to that category. In the case of such a dispute being raised, the

Prant Officer shall refer the same to the Collector for final
 412

disposal and the disposal of the land will be postponed till the

Collector‟s decision in received.

a. When a disagreement or dispute referred to in paragraph 7(iii)

above is referred to the Collector, he should decide it within a

period of two months and his decision shall be final.

b. If the land available for disposal is less than that required for

allotment according to the minimum standard of unit, and if the

Social Welfare Officer. Under no circumstances should the Prant

Officer decide this question.

9. Grant to societies:- Although co-operative societies are given high

priority, it would not be possible to grant lands to them except in

compact block. Although, therefore, about 100 acres should be a

minimum compact block, there should be no objection to grant

compact blocks of about 25 acres subject to a condition that the

society gets in all at least 100 acres of land spread over a radius of

5 miles. The above limits of 100 acres and 25 acres should not

however be rigidly followed. There is no objection if the compact

block is of say 90 to 100 acres and if the sub-blocks are of say 23

to 25 acres. For this purpose, a certificate from the Social Welfare

Officer that he will be in a position to form a co-operative society.

12. For the implantation of the Government Resolution NO.LND-

3960-A1, dated 1st March 1960. –

 413

(1) “Backward Class Persons” shall include cattle-breeders like

Rabaris, Bharwads, Dhangars, Maldharis and persons of any

community of the like nature and Machhis. However, inter se

priority amongst the Backward Clases will be as follows :-

(i) Scheduled Castes and Scheduled Tribes.

(ii) Other Backward Classes (according to the old classification

and not according to the revised classification based on economic

backwardness).

(2) “Backward Class Co-operative Society” means a society

having at least 60 per cent, members of Backward Classes.

(3) “To cultivate personally” means to cultivate on one‟s own

account (i) by one‟s own labour, or (ii) by the labour of any

members of one‟s family and with the occasional assistance, if,

any, of hired labour or servants, on wages payable in cash or kind

but not in crop share;

(4) For the purposes of this resolution, an economic holding or

a family holding should be-

(a) 16 acres of Jirayatland, or

(b) 8 acres of seasonally irrigated land or paddy or rice land, or

(c) 4 acres of peres of perennially –irrigated land.

 414

Where the land held by a person consists of two or more of the

lands specified above, the area of economic holding shall be

determined on the basis that one acre of perennially irrigated land

is equal to two cases of seasonally-irrigated paddy or riceland or

four acres of jirayat land;

Note: “Irrigated” means irrigated by any source and not

necessary from Government work (as in Tenancy Law).

In computing the size of economic holding, the area of Pot

Kharaba shall be executive.

(5) „Standard area‟ shall means the „Standard area‟ as

prescribed under the Bombay Prevention of Fragmentation and

Consolidation of Holding Act.

(6) „Resident‟ means a person residing in a village in which the

land is situated or a person residing in an adjoining village within

a radius of 5 miles from the land in question.

(7) „To hold land‟ means to hold land either as an owner, or as

a tenant or both;

(8) „Family‟ means a fragment as defined in the Bombay

Prevention of Fragmentation and Consolidation of Holdings Act.

(9) „Fragment‟ means a fragment as defined in the Bombay

Prevention of Fragmentation and Consolidation of Holdings Act.

 415

(10) „Virgin land‟ is land which is not under cultivation for a

continuous period of three years prior to the issue of these orders.

(11) „Landless persons‟ would include ejected tenants or

persons who have surrendered their lands.

13. Government desires to impress upon all the Revenue officers the

need for the speedy implementation of these orders, With this end

in view, these detailed instructions have been given. It is hoped

that all land requiring disposal will be disposed of by 31 st March,

1062.

APPENDIX „A‟

Village……………... Taluka ………………….District………………

Statement showing the land proposed to be granted to the existing lessees.

Serial Name Details of the land Details of Total Area

No. of the held by him on lease other land proposed to
existing held by him be granted.
lessee on his own
1 2 3 4 5 6 7 8 9 10

No. of 1960

Copy forwarded for information and guidance to -

 416

Instructions for permanent disposal of Govt. waste Lands for

Agricultural purpose.

Following instructions are issued to guide Revenue officers for

permanent disposal of govt. waste lands regarding implementation of

Govt. resolution, No.JMN-392003-454(1)-A dated 1-11-2003 of

Revenue Department.

1. Disposal of Government Waste Lands.

Government waste lands are disposed of according to the

orders issued in government resolution No. LND-3960-A-1 dated

1st March to time. Permanent disposal of Government waste lands

including those for which exemption of security is not required

and those which are given on lease from time to time should be

undertaken as per order mentioned in the list of instructions

enclosed with the resolution dated 1-3-1960. The lands for which

there is ban on their disposal should be rented for cultivation as

per these rules.

Details of lands where restrictions are imposed.

If the land in question is situated in „command areas of

Sardar Sarovar Scheme of any other proposed or existing

irrigation scheme, and in a compact block of 100 acres of more or

as a part of 100 acres of the adjoining blocks and the land in

 417

question is required by Sardar Sarovar Narmada Nigam Ltd, for

Sardar Sarovar dam and branch-canals.

Specific mention should be made regarding exemption of

security at the time of allotment of land or while submitting

proposal to the government for allotment of land and respective

Dist. Collectors shall be required to specifically mention the

requirements of getting exemption of security.

The Government has formed „Land Banks‟ in Kachchh,

Surendranagar, Rajkot and Jamnagar districts for compensation in

afforestation and no exemption security certificate is required

tobe obtained from Narmada and Water Resources Department

for allotment of land for afforestation as compensation in line of

submerged lands on account of Irrigation Scheme.

Government Resolution, Revenue Department No.LND-

3471/1974/A Dt. 17-5-51 Government Resolution, Revenue

Department No. JMN-3988/3290 (1)/A dated 15-2-89,

Government Resolution, Revenue Department No. JMN-

3988/1785-A dated 28-3-89, Government Resolution, Revenue

Department No. JMN-3994/3270-A dated 27-1-1995,

Government Resolution Department No. JMN-3994/1296(1)/A

dated 4-7-1998, Government Resolution Department No. JMN-

3994/1296(1)/A dated 9-12-1998.

 418

2. To which lands these orders shall apply

(1) All the collectors should prepare a list of government

waste Lands which may be permanently disposed. They

should follow the instructions printed as Annexure to the

resolution. These orders shall apply to all the lands

included in final list mentioned in para 1 of the above

instructions.

(2) Today, government and many public institutions require

lands for various purposes. Very few government lands are

available for use of such purpose in big cities. Government

has therefore decided that no government open lands

should be given to anybody which are useful for non-

agricultural use in all the cities having population of one

lakh and above. However, if anybody wants land in special

case, a proposal to grant Government land keeping in view

the merits and circumstances of the case with detailed

information should be submitted to the government for

sanction.

(3) (A) All other Government waste lands included in the

final list except fragments of holdings and land of irregular

shapes should be disposed of subject to provisions in para

12 of the resolution. The priority order determined under

 419

handing over of government waste lands may be

continued. However, the persons above in priority order

than the persons of backward classes and if they make

demand for lands, the lands available at every land office

should be distributed in such a way that the members of

backward classes may also get such lands invariably.

(B) Government lands are required to be given on

perpetual basis for cultivation on rent. However, if

government waste lands are to be given on one year basis

for the first time,they shouldbe handed over on one year

basis as per priority order prescribed in the resolution and

it should be given wide publicity in the village. Care

should be exercised to ensure that persons of backward

classes may know this invariably. If there is no demand

from persons of backward classes to obtain Government

waste lands on one year basis or they may not come

forward to claim on account of circumstances, the Social

Welfare Officer should be provided detailed information

and he should be given four months period to trace

backward classes persons. Then such as per standing

orders of the Government. In such cases, specific mention

should be made by the Revenue officer that government

 420

land is given on lease to non-backward class person

because no demand has been made by backward class

persons eventhough they were contacted. These orders

shall not apply to the cases of renewal of such existing

leases for one year.

(c) The growers take possession of the Government

lands without permission and escape by paying penalty

only under section 61 of Bombay Land Revenue Code.

According to the provisions of Section 61, standing crops

on government lands may be confiscated in such cases.

Government also directs that Revenue officers should

consider to take timely measures to confiscate the standing

crops in suitable cases.

3. (A) Priority order to allocate lands in the areas other than

scheduled areas.

1. Farmers/ land-holders/ families whose agricultural lands

have been totally washed away on account of heavy rainfall

or flood and thereby they have become destitute, such

persons should be given the available waste lands in the

village or in surrounding areas on top priority basis for

agriculture for their resettlement. If the number of affected

claimants is more, first preference should be given to the

 421

backward classes farmers or Agricultural co-operative

societies of such land-holders.

2. The lands shall be allocated to the retired/ to be retired

military personnel keeping in view the following facts.

Income limit :

Income-limit should be uniform to obtain land for

residences as well as agriculture. They shall be entitled to

get lands if their monthly income does not exceed Rs. 3000

from non-agricultural sources other than penson.

Designation :

Retired/ to be retired military personnel upto colonel

level and habitant of Gujarat should only be considered

eligible.

Eligibility of Gallantry award winner :

Gallantry award winners who displayed bravery

during war should be considered eligible to obtain land,

irrespective of their rank. The residents of Gujarat should

only be considered eligible.

To give gaucher land for agriculture without rent for

cultivation :
 422

It has been provided to grant land to the servicemen

only on rent for cultivation. The gauchar lands should not be

released to grant them. Land should be given on rent for

agriculture.

Land to be given to military personnel who died during

war :

If the soldier dies during the continuance of war, his

legal heir should be given land irrespective of any limit or

rank.

Land to be given to the soldiers who have been rendered

permanently disabled :

The soldier who has been permanently disabled

during military proceedings should be granted land

irrespective of limit. The soldiers who are habitant of

Gujarat should be considered eligible.

Resolution of Revenue Dept.No. JMN-3392/2632-A dt.

27-3-2001 :

2(1) Following personnel of Defence forces shall not be

eligible to obtain land :

- Those who have been discharged or released without

getting pension from defence forces.

 423

- Those who have been recruited or taken on

commission during emergency.

- Officer on short service commission.

- Those who have been dismissed from the service of

Defence Forces.

- Those who have been discharged on administrative

grounds. For examples, those who have been compulsorily

retired or whose services are not required.

Officers holding rank upper than major in army and

officers holding equivalent rank in navy and air force that

they are holding this rank on local acting base, on time scale

or substantive base.

2(2) It can be proposed to grant government waste land to

soldiers of defence forces who are going to retire from

service within ensuing two years. But in such cases officer

granting land shall have to obtain certificate from head

quarter authority to the effect that soldier requesting for land

is likely to retire within two years, and in such cases land

shall be granted on date of retirement or thereafter. In case

of „other ranks‟ and junior commission such certificate shall

be obtained from officer in charge, record and in case of

 424

other officers from any headquarter of army. Person

requesting for land is to retire within 2 years and is holding

rank of major, it should be specifically mentioned in the

certificate that he is not likely to have promotion in the rank

upper than major.

2(3) Soldier or ex-soldier has to give guarantee for

obtaining land that after retirement he wants to have his

maintenance mostly through agriculture and if after

retirement he joins any service or business and his monthly

income shall be more than Rs. 3000/- from N.A. sources

except agriculture he shall surrender government land to

Government without asking for any development expenses

or government can resume said land without compensation.

After having obtained such guarantee his case of granting

land will be considered by competent officer. If other

conditions for having land by soldier are satisfied and if land

is allotted to him this guarantee may be introduced as a

condition in form of Sanad to be given to him.

2(4) As it has been intended to grant government land to

soldiers after retirement with a view that he can maintain

himself by farming land personally, the land to be allotted to

him shall be main source of his maintenance. This shall have

 425

to be ensured by officer granting the land. At the time of

granting land this condition may be complied with but once

it is granted his monthly income is more than Rs. 3000/-

from N.A. sources except pension of ex-soldier, officer

granting land shall have to obtain guarantee from him in

writing that land so granted shall be resumed without any

development expenses.

2(5) Soldiers of defence force shall be granted virgin

land. In such cases as provided under government resolution

dt.1st March, 1960 and other resolutions prant officer

disposing the land through land office shall have to make

personal observation and assure that the land to be so

granted is open land on site and there is no unauthorised

possession of any one.

2(6) Soldiers/ex-soldiers of defence force means soldiers

of three wings i.e. air force, army and navy of government of

India.

2(7) Ex-soldier to whom government land is granted shall

have to till personally. Otherwise order shall be liable to be

cancelled.

2(8) Instead of allotting 16 acre land completely to

members of army, they should be allotted double than the

 426

land allotted in rent of tenancy to other beneficiaries by land

office.

2(9) Under rules for disposal of waste land, those who are

in service of army and who do not belong to Gujarat state

are not to be granted government waste land except the

provisions made in these resolution. This should be specially

noted by all grant prant offices without fail. On breach

members of army or who are not legible to obtain land and if

it comes to the notice of government that they are allotted

government land on priority basis, government will be

compelled to take strict action in the matter.

2(10) For heir of soldier of Gujarat who has been martyr in

war on the Kargil front.

The legal heir of soldiers belonging to Gujarat and

have been martyr in war on Kargil front may be granted land

in the limit of 16 acres for their maintenance without

considering his income limit, rank or period of his duty.

- District Collector concerned should find out

cultivable land in the district and take immediate action for

allotting land without rent of tenancy to legal heir of martyr

soldier.
 427

- Cultivable land shall have to be granted on new,

indivisible and controlled tenure.

- The family members/ heirs of martyr soldier are

residing in city area and if they are not in a position to have

farming immediate action should be taken to grant land to

such legal heirs for residential purpose from government

waste land as an alternative of agricultural land.

Revenue Department resolution no. LND/ 3998/ 2639/ Dt.

9-9-99.

(3.1) Cooperative societies who have constantly cultivated

land for 3 years or more prior to 1st March 1960

including present one year lease holders of

Government waste land.

(3.2) Lands granted under grow more food compaign or

for cultivating otherwise for one year only may be

granted on permanent basis ultimately as per

government resolutions, unless lands are required for

government purpose or lease holder has contravened

any of the conditions of lease or leaseholder does not

require said land or he possesses land more than

economic area. The lands which are granted under

grow more food campaign or otherwise one year

 428

lease but not granted on permanent basis should be

continued granting on one year basis, unless

government would have decided to cancel such lease.

If piece of one year and more than economic area is

less than standard area prescribed under restricted

law it can be granted to lease holder.

(3.3) The farmers whose land is acquired by Government

for other public purpose except the works of schemes

framed separately for rehabilitation of persons

affected by irrigation and electricity schemes and

whose holding has been less than economic holding

shall have to be granted extra government wasteland

at the same tenure. However, government land

granted as compensation as land is acquired for

implementation of any project is granted at new and

indivisible tenure. Due to this landholder gets land at

new tenure when his land of old tenure is acquired,

difficulty is experienced in sale, mortgage etc.

transactions. Therefore in cases where land of land

holders concerned is acquired by government for

implementation of any project of land holders

concerned and where land is granted as

 429

compensation on the basis of new tenure and when

original land of such holders is acquired is of old

tenure it should be granted in new tenure. When

government grants land as compensation in place of

land acquired the holder should be granted land on

tenure at which he was holding his original land, and

if land acquired belonged to old tenure and as its

compensation land is granted at new tenure, such

cases should be reviewed and tenure maybe changed.

Revenue Department, Resolution No. LND-3997-41-

A Dt. 11-02-1887.

(4) Backward class farmers cooperative joint

Agriculture Society.

(5) Backward class cooperative agriculture

society.

(6) Landless persons cooperative joint agriculture

society.

(7) Backward class members who hold no land or

land less than economic holding.

(8) Those who have suffered for participating in

different freedom movements and/or who have been

 430

totally destitute and who have no source of

maintenance and are agreeable to till the land, such

members of Indian National Army and Indian

Independence Leage should be given priority.

(9) Persons affected by prohibition who are

agreeable to cultivate land personally.

(10) Agriculture graduates who are interested in

farming and who are inclined to reside on land and

cultivable land personally.

(11) Landless agriculture labourers/ landless

bonded labours other than backward class who are

ready to cultivate land personally. (Reso. No. LND-

3994-3321-A of 5-1-1995)

(12) Kolis of Banaskantha and Chhotaudepur prant

should be granted land considering them backward

class.

(13) Rabaris of Banaskantha district should be

granted land considering them as backward class.

(14) Under Rabari, Bharwad Rehabilitation scheme

sanctioned under Govt. Rules no. GAD-1754-dt. 16

April, 1955 if societies of Rabari Bharwad have been

 431

sanctioned before 1st March, 1960 they should be

granted government waste land on merits if they are

liable to obtain it permanently. But this benefit can

not be given to following societies of Mahesana

district.

(1) Devsane Gopalan and Tenant Co-operative

agricultural society Ltd., Kadi.

(2) Kaletra Gopalan and Tenant Cooperative

agriculture society Ltd., Kadi.

(3) Idada Gopalan and Tenant Cooperative

agriculture society Ltd., Kalol.

3. (B) Order of priority for granting land in scheduled areas.

(1) Farmers/holders/families whose agricultural land is totally

eroded due to heavy rain or flood and have been destitute

should be granted on priority basis the village or available

waste land in the surrounding for their rehabilitation. If

number of such affected persons is more backward class

farmers may be given first choice as per standing orders.

(2) Soldiers retired from army/or to be retired or recently have

been martyr in war on Kargil front, should be granted land

as detailed in para no. 3(a) sub-para 2(1) to 2(10).

 432

(3) Backward class persons co-operative societies and

backward class one year lease holders who have cultivated

land for 3 years or more prior to orders dt. 1-3-60 were

issued.

(3.1) Lands granted for cultivation on Eksali base under grow

more food campaign or otherwise should be granted as per

government resolution on permanent base ultimately,

unless such lands are required for government purpose or

lease holder has contravened terms of lease holder does not

require that land or lease holder is holding land more than

economic area. The land granted under grow more food

campaign or otherwise on Eksali base but could not be

granted on permanent base should be continued to grant on

Ekshali base unless Government has decided to cancel said

leases. Eksali land in excess of economic holding is less

than standard area fixed under prevention of fragmentation

Act it can be granted to lease holder.

(4) Farmers whose lands are acquired by government for

public purpose other than the works for which separate

schemes have been framed for rehabilitation of persons

affected by Irrigation and Electricity schemes, but with the

 433

condition that their holding has been less than economic

holding due to acquisition.

(5) Persons of scheduled tribe – then those of scheduled caste-

out of persons of scheduled tribe there who reside in

Gujarat and to whom central government has declared as

primitive group should be given more priority.

Revenue Department Resolu.No. LND-3996-3075-A dt. 22-10-

1999.

(6) Cooperative joint agricultural society of B.C. farmers

(7) Cooperative society of B.C. farmers.

(8) Cooperative joint agriculture society of landless persons.

(9) Members nomadic and denotified tribes

(10) Members of backward class who do not hold any land or

land less than economic holding.

(11) Indian citizens repatriated from Zanzibar, Mozambic,

Burma, Cylon and Zair.

(12) Persons who have suffered for participating in different

freedom movement and or who have been destitute and have no

other source of maintenance and are agreeable to cultivate land

personally. In this priority members of Indian National Army and

Indian Independence league should be included.

 434

(13) Persons affected by prohibition who are agreeable to

cultivate the land personally.

(14) Agriculture graduates who are interested in agriculture and

who are desirous of residing on land and cultivate the land

personally.

(15) Landless agriculture labours/ landless bonded labours

except backward class who are ready to cultivate land themselves.

3 (C) Interse priority of backward class :

Government waste lands as per interse priority of backward

class fixed should be granted on priority to member of scheduled

tribe, and then scheduled caste and other class and they should be

given possession of land after drawing panchnama and as per

position of site. It is noticed that land granted to Harijans is

cultivated by other persons without permission, its possession

should be obtained alongwith standing crop and immediate action

should be taken to entrust it to really entitled persons.

If other people are using land granted to backward class

people, harassing them, the social welfare officer should be fully

authorized by collector to take action in the matter. When any

complaint about this is received revenue, police/social welfare

officer and officer of panchayat department together should take

 435

immediate strict action and backward class people should be

relieved from such harassment. These instructions should also be

strictly complied with by other district level officers. Government

will take serious note of any kind of negligence noticed in respect

of this.

„Other Backward class‟

With intent to encourage stockmen, Gopalaks to lead

steady life, 25% land out of total available village land before

letting out should be reserved for granting to stockmen the land

liable tobe left out.

4. Limit for granting land :

(1) Persons having economic holding or his own land more

than that shall not be granted any land. The land should be

so districted that government land can be letout to more and

more members, and economic standard can be mentioned

and cultivation of land would economically be possible.

For this 16 acre land should not be granted so far as

possible land where it has been so granted reasons for

letting out should be mentioned in order by the officer

concerned.
 436

(2) Any land granted individually shall not be more than

economic holding. But person who have his own land less

than economic holding should be granted such land as may

be necessary for making his holding economic. It may be

seen that the members of one & same family are not let out

land more than the limit fixed.

(3) The proportion of land which can be granted to cooperative

societies shown in para 3(a) should be fixed multiplying

unit of economic holding with number of members of

society, but such limit can be increased if found necessary

to see that such limit may be one impact block. Such limit

should not be more than two economic holding per member

except it is with permission of government.

(4) Priority given to cooperative societies shown in para 3(a) &

3(b) shall be applicable when any member does not hold

land equal to economic holding or more than that.

(5) The land situated in the village should be granted to

persons having priority as shown in para 3 (a) & 3(b), and

there is no demand as per priority that the land should be

granted to persons having priority and residing within

radius of five miles of the village. That means for priority

village is unit, and if there none of the above two priority

 437

should be given to persons of nearest village having

priority, Exception only is for (1) persons working in

defence force of India and (2) farmers whose land has been

acquired by Government for public purpose. In case of co-

operative societies if their majority members are not

residing within radius of five miles no land can be granted

to them.

(6) All lands to be granted shall be granted at new and

indivisible title and person to whom such land is granted

has to bring it under cultivation within two years, and they

should make an agreement that if it is kept waste and for

having negligence about it, that land shall be liable to

cancelled.

Note : The land held by person as owner to tenant lease

holder shall be taken into consideration at the time of

considering the land as economic holding.

(7) If person having priority may not demand land from land

office as there may be less population in the village or

having some proper reasons and if village people desire

that Eksali cultivators may not be landless collector may

submit his proposal to government to give relaxation in

rules as a special case.

 438

(8) In cases where backward people may be cultivating the

land since last three years constantly and unauthorisedly

before 1-3-1966, government shall decide on merits to

grant the land unauthorisedly cultivated subject to

condition of resolution Dt. 1-3-1960 making total land with

backward class persons in proportion of ½ the economic

holding. Collector may submit his report if felt necessary.

5. Disposal of land pieces and having no shape of assessment.

Land which is waste because of small in size or having no

shape of assessment or due to site and which is less than standard

area under Bombay Prevention of fragmentation and

consolidation of holding Act 1947 should be disposed of granting

to following person.

(1) Nearest holder, is one person and is ready to have piece of

land and if it can be joined with his holding, in such case

adjoining piece of land can be granted to him at the current

market price if total holding does not exceed ceiling.

(2) If it is cooperative society and adjoining holders are more

than one and among them adjoining only one holders is

cooperative society.
 439

(3) If adjoining owner is member of backward class and they

are more than one and among them any adjoining holder belongs

to backward class.

(4) If holding is small in size whose adjoining holder is of

backward class and adjoining holders are more than one and

belong to backward class and it is not cooperative society.

(5) If adjoining holder having smallest holding is more than

one and any one is cooperative society and none of them is of

backward class pieces of land is to be granted under tenure of

adjoining standard area as per prescribed order under preventive

Act. If piece land requires to be granted at old tenure it shall be

granted at one and half time amount than to be charged as per

para 5/A or market price whichever is more.

(a) Backward class person should be granted piece land at new

and impartiable tenure on 6 time amount of assessment and to

non-backward class person on 24 time amount of assessment.

(b) The land if piece should be granted to member of

backward class with old tenure at rate of nine fold of assessment

and to non backward class persons at rate of 36 fold of assessment

of market value.
 440

(c) The land if piece should be granted to a person on

permanent basis who tills on Eksali base for three or more years

before 1-3-2000, though he is not in order of priority of economic

holding.

6. Detailed procedure to be followed in disposal of land is given in

the instruction of the G.R.

7. The Collector should ensure that they are followed strictly.

Recovery of occupancy price :

For the land given under above para 3-A, 3-B and 6

occupancy prices under shall be recovered :

(1) For cooperative societies, if they are granted virgin land

nothing shall be charged and if they are granted non-virgin land

five fold price of assessment shall be recovered.

(2) If the backward class persons are granted virgin land,

nothing shall be charged and if they are granted non-virgin land

six fold price of assessment shall be recovered.

(3) If non-backward class persons regranted virgin land, twelve

fold price of assessment shall be recovered and if they are granted

non-virgin land 24 fold price of assessment shall be recovered.

(4) 16 physically handicapped persons are granted virgin land

they shall granted assessment free land for first five years.
 441

(5) The land resumed due to violation of condition of new

tenure or due to violation of Sanand, seized for recovery of

government dues, non-payment of revenue by holders due to

surrendering of land the land taken over by the government if this

land is not to be returned to original occupant such land shall be

disposed of by auction as government land.

GR RD No. JNM-5298-230-A. Dt. 25-5-2000.

(6) If one scheduled Tribe member sells land of new tenure

illegally to other such member, the land should be resumed for

breach of condition and after that if the original holder being

ineligible, the land should be granted to member of scheduled

tribe who has purchased in good faith and on new tenure

irrespective of priority under the provisions of this GR and he

should be charged simple market value for the land.

(7) For land granted under “grow more food campaign” or land

granted for tilling on Eksali base he shall be charged single

assessment because it is to be disposed of to such priority person

but looking to the circumstances the land is granted for Eksali.

(8) Except these cases, for grant of government land on Eksali

basis for tilling double rent of the assessment should be charged

as rent.
 442

8. More detail for tilling :

When a person has been granted Eksali land and no formal

notice for termination of lease for Eksali land has been given and

where no application has been made still such Eksali land

holder‟s is possession is not be treated as unauthorized.

(A) Under rules of tilling of waste land land holders who have

priority and possessing land prior to 1960 and thereafter is

continuing the shall be granted permanently.

(B) While disposing government land, under rule 75(1) of Land

Revenue Rules for Pot Kharaba of Shown in class A and class B

calculation has to be done for assessment and as per assessment of

Survey Nos.

Forms along with this should be provided in sufficient

number to the village accountant so that they can get from Eksali

lease holders every year in January month means in advance of

31st March applications for renewal of lease. In order to enable

lease holders to apply for renewal of lease, the Circle Inspector

should look into the matter based on entry of village record. The

Mamlatdar should also ensure that based on record of his office,

the lease holders may apply before expiry of their lease when the

applications are received by the Mamlatdaras, they should inform

 443

the leaseholders the suitable decision of renewal of lease or its

expiry before 31st March.

(C) After issue of order of tilling of govt. waste land a copy of

it should be sent to D.I.L.R. for measuring the land and measuring

work should be completed in one month. For Harijan, Tribal and

other backward class people, the measuring book should be made

at government cost. After measurement being over, a panch nama

should be made and submitted to concerned persons physical

possession of specific Khunt measurement on the spot. After

possession having given and payment of price of possession paid

up a Sanand to the concerned persons should be given in 7 days in

prescribed form for allotment of land in 7 days and a receipt to

that effect should be obtained. All these procedure should be

completed in three months in any circumstances after orders for

grant of lands are made. Immediate steps should be taken to

ensure that no ground exists for delay in the procedure. Failure to

act in time for comptent authority will make him liable to action.

(D) No price of possession of virgin land is to be charged from

Harijans. When Eksali land is made permanent and that Eksali

land when tilled it was virgin, it should be considered virgin no

price of possession from Eksali lease holders should be recovered.

When the land tilled by other is given to Harijans, it should be

 444

treated as non-virgin, value of possession for non-virgin should be

recovered from him.

(E) When waste land is to be handed over, and when the thicket

has no time bar, it should not be valued by Forest Department but

through Mamlatdar or deputy Collector of Revenue Department

and if required papers of price estimate should be sent to Forest

Department.

(F) All the collectors, DDO‟s are directed that when land is

sanctioned under land Revenue Code and for taking possession of

land u/s60 of it, and when possession of land under Rule 54 of

land Revenue Code is to be made, the necessary instructions are

issued to Mamlatdar TDO to issue permission in Form „A‟.

Before grant of permission for it, it should be ensured that

agreement for lease under rule 37 to 47 is made.

9. No. of instalments for occupancy price, time limit, payment in

installments.

Penal interest for delay.

No. of instalments : Occupancy price shall be paid in

installments which except for backward class, farmers shall not

exceed six and for backward class farmers, it shall not exceed

twelve installments. This detail should be given in case where

 445

facility of payment of price by instalment of permanent right of

possession is given and a warning in register of Form is also

given.

Rate of Penal interest : If the instalments are not paid

regularly and competent authority condoles delay in payment of

instalment and does not forfeit government land, the defaulter

shall pay annual 8 percent penal interest for delay on such

instalments.

(C)(A) For trees grown on land to be disposed if the grantee

is willing to pay the price is lump sum or in installments they

should be given away. Price of trees should be fixed as per the

land acquisition Act. As far as possible auction of trees should be

avoided.

(D) Orders contained in (C) above do not apply to reserved

trees.

(E) When government waste land is disposed for agriculture

purpose, price of prosopis julifera (Vilayati Babual) should be

charged as per rules.

(F) When it is decided to grant govt. land permanently or on

lease in such cases when price for possession or rent in

instalments is not to be recovered, no detailed formal order for

 446

grants of land should be made but it has been decided that to grant

land by recovery of price for possession/rent and other payable

amount and such instructions should be issued to the applicant by

letter and after receipt of such notice in 30 days due amount

should be credited to the government and a due receipt of

payment made should be produced to the competent authority so

that formal order for grant of land can be issued and if they fail to

do so, it shall be presumed that they are not interested in this

demand and the whole procedure shall be dropped. After issue of

such notice and after crediting such amount and after verification

by competent authority, the Revenue officer should issue detailed

formal orders for grant of land in concerned cases.

This procedure shall apply only to areas covered under

Municipality, corporation and Urban Development Authority of

six big cities of the states.

10. Payment of assessment :

All the purchasers of land shall have to pay full assessment except

that if the virgin land is given to cooperative societies and backward

class persons for first five years and granted to other persons for first

three years no land assessment shall be charged.

 447

11. Allotment of land :

If any of the terms and conditions for grant of land is violated

amount of occupancy price recovered from purchaser of land shall be

refunded and land shall be liable to be seized. However, if

improvements are carried on the land no compensation shall be paid for

it Default in payment of assessment shall be paid for it Default in

payment of assessment shall be violation of terms leading to seizure of

land. Note of all such proceeds should be made in No. 4 of Taluka

invariably so that effective check can be kept on its recovery.

12. Gram Dan Villages :

There are many villages which are complete Gram dan villages.

Government waste land of these villages should be allotted to Gram

Swarj Cooperative institutions proposed to be formed as agricultural and

all purpose cooperative societies.

13. Exceptions :

These orders shall not apply to the following lands :

(A) Lands which are disposed by special orders such as Bet and

Bhetha land Kotar lands, Khar lands, village pond bed lands and

river bed lands.

(B) Lands of Dangs District :

 448

(C) Under rules for permanent disposal of government waste

land, the government waste land which is for high non-

agricultural purpose should not be disposed for agriculture. Land

of high non-agriculture purpose should be treated as under

metropolitan plan or valuable land under planning regulations and

they should not be disposed.

(D) The land which has been reserved by government for its

own use should not be disposed.

(E) Except under land Revenue Code and land Revenue Rules

and except powers granted for special type of cases, the collectors

should not grant any agricultural land without auction. If in

special cases and special circumstances if need arises to grant

government land without auction. Individual case should be put

up to the government for approval.

(F) Those handicapped persons who have under gone training

for agriculture at training school at village Fansa Dist. Valsad,

their cases should be referred to the government.

(G) As per GR for blind of backward class, blind persons

mentioned in category of S.C. S.T. or O.B.C. agricultural labourer

or Baxi Panch eligible to land as per priority as per G.R. for blind

persons.
 449

However, for non-backward blind persons who are too poor

to maintain themselves economically and there is no body in

family to look after and maintain them, for such blind persons to

maintain and raise income, if they demand for agricultural land

such cases should be examined on merit, and the proposal for

grant of land should be sent to the government for approval by the

collector.

(H) Grant of land shall be made for poultry farming as a

supplementary occupation of agriculture as per terms and

conditions shown in para 13 of annexure of the G.R. as per

priority.

14. Land allotted to Tribals may not be transferred to non-

tribals.

Government waste land is given to S.T. people for tilling

on new and in alienable tenure, such land should not be

transferred to non-tribal people without govt. sanction.

15. Register for waste land should be prepared and to keepit open

for inspection.

Register No. 1 showing details of waste lands should be

prepared and maintained in the offices of Mamlatdars and prant

officers.
 450

(A) All details viz every detail of all survey numbers shown in

the final list of each village of Taluka, area of survey number

situation of every survey no. of waste land in register No. 1

(B) In register No. 2, survey Nos. of waste land classified as

unsuitable for agriculture have been shown. Moreover, lands specified

for public purposes as shown in para 4 and lands specified for public

purposes other than those mentioned in para -4 should be noted down in

the Register. Both these registers should be kept open for people who

wants to take waste lands for cultivation.

16. Application Forms and procedure thereof :-

Application forms for the persons desiring to obtain Government

waste lands for cultivation have been appended with instructions copies

of the forms should be kept ready.

(A) On receipt of application in the prescribed form, Dy.

Mamlatdar/Shirestedar should examine them carefully, tally

with register and ascertain. If the application is to be amended

or if necessity arises to get further information, if the land

under demand has not been shown in Register No. 1 and

shown in register No. 2, a detailed noting should be submitted

to Prant Officer for rejection of the claim and should be

promptly disposed.
 451

(B) If applications demanding waste lands are received in

Saurashtra area, such lands should be classified by Agriculture

Department promptly. If they are found suitable for

agriculture, they should be included in the final list and such

applications should be disposed of at once.

17. Grant of lands by relaxations :-

(A) Inspite of whatever has been stated in above paragraphs, the

Collectors shall submit proposals to the government to relax

the rules in cases where lands may not be granted in ordinary

circumstances; but it is proper to grant them lands in relaxation

of rules. They should ascertain and submit to the government

for orders. The government reserves rights to grant lands in

view of facts and circumstances of each case. This provision

has been made in view of all priorities especially lower level

priorities.

(B) Following criteria have been decided to grant lands to the

Freedom fighters. The Collectors should submit such

proposals in view of such criteria to the government. The

income-limit is fixed Rs. 3500 per month including pension of

freedom fighters for grant of lands to them for residential and

agricultural purposes.
 452

Government Resolution, Revenue Department No. JMN-3986-15-A,

dated 20-8-2001.

18. When government lands are to be allotted for agricultural or

non-agricultural purposes, they should be allotted in joint

names of husband and wife.

When any person requests to grant him government lands for

agricultural or non-agricultural purposes and if the request is granted,

such lands should be granted in the joint names of husband and wife.

Sanads thereof shall also be prepared in joint names. However, when a

woman may apply to grant such lands for agricultural or non-

agricultural purposes and if such lands are granted to her, the lands

should be granted in the individual name of the woman and Sanad

should also be prepared accordingly.

Government Circular, Revenue Department No. JMN-3989-601-A,

dated 13-12-1989.

Grant of government land as adjoining land for agricultural purposes.

All the Collectors/District Development Officers are informed to

take necessary steps before granting of government land as adjoining

lands in view of following guidelines :

(1) When government waste lands have remained fallow on

account of small size or irregular shape or situation and

 453

its total area is less than that prescribed in

Fragmentation of Holdings Act, 1947, only such lands

should be considered for grant for agricultural purposes

as adjoing lands.

(2) Such government waste lands of fragmentation type, i.e.

dry land should be below two acres and when

horticultural land is below one acre, procedure should

be made to dispose fallow lands of survey numbers of

less areas.

(3) When such fragmentation type of land is adjoining to

the owner of land and it is not adjoining to any other

person and if that owner is ready to purchase it, it should

be granted at existing market rate, provided that his

holding does not exceed economic area. If it is not so,

they should be decided in view of priorities of demand,

merit number and arranging hearings of surrounding

holders and merits of the case.

(4) Before deciding the lands as adjoining lands, priority

should be fixed according to the resolutions dated 1-3-

1960 and 15-2-1989 of Revenue Department.

Provisions of the said resolution should be scrupulously

followed. The lands should be disposed of according to

 454

the policy of the resolution by taking supplementary list

and after ascertaining locally whether the land is

fragmentation type.

(5) The adjoining lands may not be granted from the waste

lands of survey numbers having area exceeding two

acres. They may not be granted by fragmentation or

farming parts.

(6) Government waste lands near National Highway, State

Highway or major District roads are very valuable.

Such lands at a distance of two kilometers, one

kilometer and half kilometer respectively should not be

given to anybody.

(7) Lands in the villages under Urban Development

Authority, G.I.D.C., industrial zones, villages of

district/taluka headquarter, municipal areas (urban

areas) are important from the view of point of their

situation and have N.A. potentiality and suitable for

industry and are precious should not be given to

anybody.

(8) Generally one person of the family may be given such

adjoining land. However, if two or three members of a

 455

family have separate holdings, they should not be given

such adjoining land.

(9) Lands adjoining to railway line, big pond, dam or the

land near river-bed should not be granted as adjoining

land for agriculture. If passage of village roads and

land-holdings of the holders are stopped by granting

such adjoining lands, they should not be disposed.

(10) When adjoining lands are granted, sales register of five

years of the village and market price as decided by

arbitrator, whichever is more should be recovered before

their disposal.

(11) When a farmer makes demand for adjoining land to the

Mamlatdar, the Mamlatdar should submit to the

Collector for decision within 30 days of the receipt of

the demand. The Collector should decide the proposal of

the applicant and reply within 30 days.

 456

Government Circular, Revenue Department No. JMN-3997-2098-A,

dated 25-09-1997, Government Circular, Revenue Department No.

JMN-3998-1504(1)-A, dated 9-9-1998.

20. Grant of government land and Kotar lands to construct a well.

Government Resolution, Revenue Department No. JMN-3966-

61958-A, dated 9-9-1966 provides for grant of government fallow land

to farmer land-holders to construct well when the land-holder is not in a

position to construct well in its own land, provisions have been made in

the Circular dated 101-2000 to grant him government fallow land

nearest to his own land. Various farmers‟ associations have represented

to grant ravine lands also to land holder farmers to construct well. After

careful consideration, it has been decided to grant ravine land to the land

holder nearest to his land for construction of well according to existing

norms. All the Collectors have been instructed accordingly. All

conditions of othe resolution dated 9-9-1966 remain as they are.

Government Circular, Revenue Department No. JMN-1098-1504(2)-A,

dated 10-1-2000, Government Circular, Revenue Department No. JMN-

1098-1504(2)-A, dated 4-4-2002.

21. When the problem of interpretation arises, provisions of the

original resolution shall be taken into consideration.

 457

Annexure to Government Resolution, Revenue Department No. JMN-

392003-454-A, dated 1-11-2003.

Instructions for permanent disposal of government fallow lands :

Following instructions are issued to guide the Revenue officers

for permanent disposal of government fallow lands regarding

implementations of Govt. Resolution, Revenue Department No. JMN-

3988-3290-(1)-A.

1. Preparation of final list of available lands :-

It is necessary to know which lands are available for disposal

before their final disposal. The Prant Officer/Assistant Collector should

prepare a list of lands available for disposal. This list has been referred

to as „final list‟ hereafter. This is necessary to prevent claims from

various persons and resultant appeals for the disposal of government

fallow lands. Experiences have revealed that the delay takes place on

this account. Consequently, there is unnecessary wastage of money,

time and work. It is, therefore, desirable to prepare a final list of lands

available for disposal prior to initiating the work of actual disposal. It

shall be duties of the Collectors to ensure that lands included in the final

list are suitably disposed. The statements of disposal of lands shall be

submitted to the government.

 458

2. Lands to be excluded from the Final List :-

Firstly, Prant Officer/Assistant Collector should prepare a list of

all government fallow lands of the village. The list shall include the

lands given on lease for one year, reserved for public purposes and the

lands required to be reserved – thus all fallow lands. The list shall be

provisional and –

(1) Effect of various restrictions for disposal of permanent

disposal of the land; and

(2) Final list shall be prepared in view of lands required for public

purposes;

(3) As regards restrictions on permanent disposal of government

fallow land, it has been decided to discontinue permanent

disposal of compact block of 100 acres or more, as well as for

one year, so that the lands may be available for resettlement.

3. All claims on lands should be examined in time :-

Before taking decision to finally dispose of all government waste

lands, requests of local institutions and/or village people to reserve such

lands for public purposes should be taken into consideration.

Government also feels that once the land disposal work starts, it should

not be stopped for any type of claim. Delay is likely to take place in

final disposal of waste lands on account of statements and appeals

submitted to the government from rival groups or parties many times.

 459

The interested persons also delays in implementation of speedy

implementation of government policy. The government has, therefore,

decided to examine all such claims. The Collector should undertake

their final disposal. Following procedure shall be followed in this

regard.

Where the opinions of Local Bodies are to be sought as per

government instructions, it should be specifically mentioned in the

letters addressed to local bodies that “If no reply is received within 60

days of the date of receipt of the letter, it will be presumed that local

body is agreeable to the proposal and further actions will be taken”, so

that there is no delay on account of non-receipt of opinion of local

bodies for disposal of fallow lands. Further action may be taken after 60

days presuming that local body is agreeable to it.

Lands reserved for public purposes should not be included in the Final

List :-

While preparing a provisional list of available government waste

lands, the Mamlatdar shall prepare a list of lands required for public

purposes in the village. Following shall be in order of priority among

public purposes :-

(1) School, play grounds, gymnasium,

(2) Land for house sites,

 460

(3) Land for grave yard and/or cemetery,

(4) Grazing land,

(5) Cattle shed and manger

(6) Manure pits.

Mamlatdar will seek advice from Panchayat and general opinion

of village people and will submit its recommendations to the Prant

Officer. If the Panchayat has requested for above purpose, the

government should return and take into consideration future

requirements of the village. He shall inter-alia submit his

recommendation to reserve government lands for public purposes and a

copy of provisional list to Social Welfare Officer. Taking in view the

opinion of Social Welfare Officer, the Prant Officer shall submit his

recommendations to the Collector. The Collector shall take final

decision as to which lands in the village should be kept for reservation

for public purposes taking in view the recommendations of the Prant

Officer and the Social Welfare Officer. If the Panchayat has not made

any demand in view of future growth of the village, the Collector shall

take final decision to reserve the lands for school, play-ground,

gymnasium etc. the lands thus reserved shall not be included in the

„List‟. The lands given for filling for one year may not be allotted for

public purposes. Such lands shall, therefore, be included in the list.

 461

After obtaining opinion of the Panchayat, the objections put forth by the

Panchayat at the time of payment of rent stage, should not be accepted

when the payment of rent stage are in favour of Harijans or tribals.

4. If it is represented that the land is arable, it should be entered into

final list.

Government expert may express opinion that certain lands are not

arable. However, if the person who makes demand for land represents

that the land is arable, it should be entered into final list and necessary

action should be taken as per rules to make it in „Santhani‟.

5. Priority of existing lease holders :

As high priority is to be assigned to the existing lease holders

observing certain conditions, the Mamlatdar should submit statement as

given in Appendix-A to the Prant Officer, in which names of existing

lease holders, land, survey number, area and survey number to be

assigned permanently as laid down in paragraph-4 of government

resolution. Thus, all the lands mentioned in provisional list excluding

the lands reserved for public purposes shall be included in the final list.

However, as the lands are to be permanently disposed in case of existing

lease holders, the lands to be given to them on permanent basis shall be

included in the final list of the land.

 462

6. Options to Lease holders :

Where the lease holders have made tremendous changes in the

land given on lease to existing lease-holders and are in position to retain

any land given on lease according to para-4(1) of the government

resolution No. LND-3960-AI dated 1st March, 1960, he should be given

option to retain with him the land in which he has made alterations

provided he hands over equal area of the land from his ownership land.

7. Publishing of final List :

When final list is prepared, the Collector shall send its copies to

Social Welfare Officer, Assistant Registrar, Prant Officer and

Mamlatdar. The Mamlatdar shall publish the list in all villages within

area of five mile also in the village concerned. He shall place a copy to

Taluka Office also for perusal. List of lands reserved for public

purposes shall be sent to Social Welfare Officer, Assistant Registrar and

Gram Panchayat.

8. Procedure to dispose of lands included in the List :

(1) On receipt of the final list by Social Welfare Officer, he shall

submit a proposal within three months to allot such lands to

backward class persons and their co-operative societies and

landless agricultural labourers as shown in para 3-A, 3B and 5 of

this resolution. Such proposals may be made for existing co-

operative societies as well as those to be formed hereafter. One

 463

copy of the proposal shall be directly submitted to the Prant

Officer and second copy shall be submitted to the Collector.

However, the Social Welfare Officer shall not make any proposal

for retention of the land with existing lease holders.

(2) Then the Prant Officer shall inform Social Welfare Officer and

Harijan Sevak Sangh, shall organize land offices in maximum key

villages as per definite programme pre-decided earlier and carry

out work of disposal of lands. Harijan Sevak Sangh should be

informed the programme of Land Offices before fifteen days. It is

desirable that Collector may arrange such programme for all Prant

Officers on the date when Social Welfare Officer is present. The

Prant Officer shall ensure that the wide publicity is given to the

programme in all villages, taluka offices, District Collector Office

and local newspapers. He shall see that timely publicity is made

in all the neighbouring villages for details of the lands to be

disposed. Applications should be invited from the farmers before

such offices are held.

(2-1). If a member of Legislative Assembly may seek copy of

programme of land Office., when the land office is held, if there is

Harijan M.L.A. in the District, if there is any as well as the

representative of Harijan Sevak Sangh in the villages they should

be invited.
 464

(3) The Prant Officer shall allot lands subject to conditions laid down

in para 3-A, 3-B and 5 of this Resolution at Santhani offices. The

Prant officer will pay proper attention to the recommendations of

the Assistant Register, Co-operative Societies to grant lands to

Landless Agricultural Labours Co-operative Societies as stated in

paras 3-, 3-B and 5 of the aforesaid government Resolution, those

of Social Welfare Officer to grant lands to Backward Classes Co-

operative Societies and Backward Class persons, subject to first

two types of demands, mentioned in para 3-A of the above

government resolution. If the recommendations of the above

officers are not agreeable, the lands should not be finally disposed

of till the orders from the Collector is received. If Social Welfare

Officer or his representative takes objection to grant lands to first

or second type, attention shall be paid whether the person

concerned is of the said category and if the question is relevant,

attention also shall be paid on the objection. If such dispute is

raised, the Prant Officer shall submit the case to the Collector for

disposal. The disposal of the land shall be postponed till decision

of the Collector is received.

(4) When the dispute of disagreement is entrusted to the Collector as

mentioned in para 8(3) above, he shall give his decision within a

period of two months and his decision shall be final.

 465

(5) If the land available for disposal is less than the land required for

allotment as per minimum norms and if the Social Welfare

Officer may not form a Co-operative Society, the land shall be

granted to such person who is recommended by the Social

Welfare Officer. The Prant Officer should not decide the issue

under any circumstances.

(6) When procedure is made for Santhani of land, the Collector

should invite the chairman of the Justice Committee of every

taluka or the members of the Committee, who are considered

suitable for Land office, they should be made conversant with all

matters from the beginning to end of the Santhani work.

9. Grant of Lands to Societies :

Eventhough the Co-operative Societies are assigned top priority,

it is not possible to grant them land except compact blocks. That is why

the minimum compact block should admeasure about 100 acres.

However, if 100 acres of land is spread out within a radius of five miles,

there is no objection to consider compact block of about 25 acres of

land. However, the above limit of 100 acres and 25 acres should not be

scrupulously followed. There is no objection if a compact block

comprises of 90 to 100 acres and sub-blocks of 23 to 25 acres. A Co-

operative Society of such persons may be formed in an area of five

miles or equal radius for this purpose. The Certificate issued by the
 466

Social Welfare Officer is sufficient to grant land to the Society for the

Prant Officer. If the District Registrar demands to form Co-operative

Agricultural Society, he should be given a period of six months.

10. Land should be allotted of the applicant is otherwise qualified :

Even if the applicant has no bullock cart or agricultural

implements but he is otherwise qualified, he may not be refused to grant

land.

11. When to give possession :

When there is standing crop of the person other than one who is to

be granted land on permanent basis, he should be given possession of

the crop of that person is harvested.

12. For implementation of the said Resolution :

1. Intense Priority Order among backward class persons.

Backward slum persons include Scheduled Castes, Scheduled

Tribes, Social and Educationally Backward 82 castes shown in

Annexure-I appended with G.R., Social Welfare and Tribal

Development Department No. BCR-1078-13734-H, dated 1-4-1978 as

well as Economically Backward landless persons as stated in para-4 of

the resolution dated 1-4-1978. However, inter se priority among

backward classes will be as under :-

 467

(A) Scheduled Castes and Scheduled Tribes; but if case arises

Bhangi Class may be given first priority.

(B) In scheduled areas, first priority should be given to Scheduled

Tribe persons and second preference to Scheduled Castes.

(C) 1. Socially, Educationally and Economically Backward

classes, landless persons.

2. Kolis from Chhota Udepur Prant may be treated as

backward class and granted land.

3. Backward classes Co-operative Societies means such

societies, wherein minimum 60% members are from backward

classes.

4. Definition of self-cultivation.

Self cultivation means – (1) with own labour or (2) with the

labour of members of the family, not sharing in crop; but

cultivation of the land by labourers and servants kept on

wages, payable in cash or kind occasionally.

5. Economic holding shall be as under for the purpose of the

resolution :-

1. About 16 acres of dry land, or

2. About 8 acres seasonal irrigated land or land growing

paddy; or

3. About 4 acres of perennial irrigated land.

 468

Where two or more types of lands are among specified lands kept

by any person, area of economic holding shall be one acre

perennially irrigated land shall be two acres of seasonal irrigated

land growing paddy or four acres of dry land.

Note :- „Self‟ is defined as per Bombay Tenancy and

Agricultural Land Act, 1948.

While calculating size of economic holding waste land

area shall be excluded.

6. Standard area :- Standard area shall be as prescribed in

Bombay Prevention of fragmentation Holdings and

Consolidation of Holdings Act.

7. Resident :- Resident means the person living in the

village, where land is situated or the person living in any

adjoining village situated within a radius of five miles from

the land.

8. Possessing land :- Possessing land as owner or as tenant

or as both.

9. Family :- Family includes – father, mother, dependent

sister, son, dependent daughter and other co-partner.

10. Fragments :- Fragments means fragments as defined in

Bombay Prevention of Fragmentation and Consolidation of

Holdings Act.
 469

11. Virgin land :- The land not cultivated since continuous

three years before 1st March, 1960.

12. Landless persons :- Tenants, who have been evacuated

from the land or who have handed over his lands or persons

cultivating lands, less than 1/16t of the ceiling as defined in

Section 2(26) of the Gujarat Land Ceiling Act are included

among them.

13. Grant of government fallow or gauchar land for poultry

farming.

(1) The government fallow/gaucher lands shall be given

on new and impartiable tendure as mentioned in

resolution No. 1970/45, dated 17th October, 1947 on

priority numbers as stated in resolution, dated 1 st

March, 1960 for poultry farming.

(2) The person who request for land should have

veterinary degree/diploma certificate of training in

poultry farming run by Animal Husbandry

Department.

(3) First preference to eligible Scheduled Caste,

Scheduled Tribes and persons included in Baxi

Commission.
 470

(4) land should be selected at higher place to construct

poultry farm, so that there may not be water logging

or moistrous atmosphere and the poultry may get

protection from heat by surrounding tress.

(5) The Collector shall be required to get opinion of

District Planning Officer, Intensive Poultry

Development Block, District Extension Officer and

concerned Officer to grant land.

(6) For Birds unit of 50 birds, 125 sq. feet ground floor

for poultry house and gauchar house of 75 feet

ground floor adjoining to it are required. Its bottom

should have been constructed by cement concrete. Its

height should be two feet, Surrounding area of

poultry house should be open, so as to facilitate air

pass cage. In short, land shall be granted at 8 sq. feet

per bird including construction and open land for the

occupation. If Poultry unit is for 100 or 150 birds, he

shall be entitled to have more lands accordingly.

Moreover, food storage, residence for watchman etc.

will have to be thought over on merits of the case.

(7) The District Collectors shall grant lands in

accordance with above conditions and as per

 471

prescribed priority order, without auctions but at

prevailing market price alongwith regular taxes on

the conditions laid down in resolution No. 1970/45

dated 17th October, 1947 on new and impartiable

tenure terms.

14. Disposal of isolated government fallow survey number :-

The villages in which most of the government lands in final list

have been disposed of and isolated government fallow survey number is

pending for disposal and if individual demands from Scheduled Castes

members are received, following procedure should be adopted.

(1) Talati should display a list of government fallow arable lands

alongwith their survey numbers and area at the Chora of every

village in such a way that everybody can read it. When any

member of Scheduled Castes living in the village comes to get

information, he should be provided information to his satisfaction.

(2) After getting information of government fallow lands if any,

Scheduled Castes person apply for it, it should be ensured that he

applies in prescribed form. If he has applied on plain paper, he

should be provided with a typed form forthwith and he should be

instructed to deliver it to the concerned Mamlatdar in person.

(3) If the applicant comes to the Mamlatdar Office with application, it

should be ensured that the application form is complete in all

 472

respects in the presence of the applicant. If there is incomplete

information in any column he should ask him and make

application perfect.

(4) After getting application, the Mamlatdar should send to the

concerned Circle Inspector/Circle Officer for enquiring report

alongwith case papers within seven days and should insist to get

report alongwith case papers within seven days. When Circle

Inspector/Circle Officer reports and if government fallow lands

are handed over to the applicants, direct possession may be given

alongwith the order because the land is open. It should be insisted

that he includes site inspection in his report.

If the land in question is under encroachment, the Circle

Inspector/Circle Officer should mention other open government

fallow land, its survey number and area in his report as an

alternative.

(5) The Mamlatdar should on receipt of the report of Circle

Inspector/Circle Officer, should submit his report to the Prant

Officer with his clear opinion within seven days.

(6) The Prant Officer should dispose of the application within fifteen

days from the date of receipt of the papers alongwith opinion of the

Mamlatdar.

(1) If the land may be given, orders shall be issued accordingly;

 473

(2) If the land in question is such that it may not be given, detailed

written reply should be made to the applicant alongwith

reasons.

(7) If orders have been issued to give the land to the applicant as

requested, the Prant Officer should keep such papers till the report

pending from the Mamlatdar is received, of having given direct

possession to the claimant. The Prant Officer should insist that actual

possession of the land is given within one month from the date of issue

of the order.
 474

CHAPTER-24

Grant of government fallow lands for Non-agricultural purposes

Instructions have been given under integrated resolution of

Revenue Department dated 6-6-2003 to grant government fallow lands

for various non-agricultural purposes. As original papers of the

proposal covering basic process on the applicants‟ applications for

availability of the land in question viz.; existing position according to

revenue record area, encroachment of the land in question, plans of the

site, eligibility of applicant as per said resolution, written statement of

the applicant, surrounding position, statements of the concerned persons

are prepared in Mamlatdar Office under his supervision, the provision of

the resolution require study.

Therefore, these instructions have been included for guidance of

all implementation officers. They are as under :

Revenue Department has received 75 resolutions/circulars, co-

ordinated all of them and issued integrated resolution to grant

government fallow lands for non-agricultural purposes. All

Implementation officers have been instructed to implement these

instructions. If while implementing, the question of interpretation

arises, provisions of original resolution received should be taken into

consideration. Provisions to grant government fallow lands for non-

agricultural purposes are as under :

 475

1. Grant of land for house sites to farmers, agricultural labours,

backward class persons and Backward Class Cooperative

Housing Societies.

(A) Government lands in rural areas may be given to needy farmers,

agricultural labours, backward class persons individually upto 200

sq. meters and to their Cooperative Societies maximum 100 sq.

meters per member for house sites without auction. The persons

who are given lands shall have to pay every annual non-

agricultural assessment and other taxes and cesses as may be

taken from time to time.

(B) Government has further decided to enhance the existing power of

disposal of government land and to vest following powers to the

District Collector to grant government fallow lands for non-

agricultural purposes :-

Sr. Purpose Existing powers Enhanced

No. Area powers
Price in Rs. Area
Price in Rs.
1. Industrial purpose 2 hectares 2 hectares
Rs. 6 lakh Rs. 15 lakh
2. Commercial purpose (land 50 sq. mtr. 50 Sq. mtr.
should be given by auction Rs. 50 thousand Rs. 1 lakh
only)
3. Residential purpose – 200 Sq. mtr. 200 Sq. mtr.
(a) Government employee and Rs. 50 thousand Rs. 1 lakh
 476

individual case Rs. 50 thousand Rs. 1 lakh

(b) Cooperative Housing 8000 Sq. mtr. 8000 Sq. mtr.

Society. Rs. 3 lakh Rs. 6 lakh
4. To Cooperative Societies to 500 Sq.mtr. 500 Sq. mtr.
construct godowns. Rs. 1 lakh Rs. 3 lakh
5. National Grid Scheme 4000 sq. mtr. 4000 Sq. mtr.
Rs. 2,40,000/- Rs. 5 lakh.
6. To Cooperative Society and 200 sq. mtr. 200 sq. mtr.
other organizations for other Rs. 1,20,000/- Rs. 3 lakh
purposes and to Public Trust
on recovery of price.
7. For religious purposes viz.; 200 sq. mtr. 200 sq. mtr.
for temple, mosque, church. Rs. 30,000/- Rs. 50,000/-
Grant of land on payment.
8. State government 2 hectares 2 hectares
Board/Corporations. Rs. 7.5 lakhs Rs. 15 lakhs.
Grant of land on taking price
of land
9. Central government 1 hectare 1 hectare
Departments for public Rs. 5 lakh Upto Rs. 15
purposes lakh

(2) The Collectors shall not have powers to grant lands in six urban

complexes, viz.; (1) Ahmedabad, (2) Vadodara, (3) Surat, (4)

Rajkot, (5) Jamnagar and (6) Bhavnagar under Urban Land

 477

Ceiling Act, 1976. Proposals in this regard shall be submitted to

the government.

(3) Powers to enhance price are eclanded. Provisions to grant/not to

grant lands for the purposes other than this shall be as per policy

determined by various resolutions.

(4) Powers vested vide paragraph-B shall have effect from 27-11-

2000.

2. Concession in occupancy price of house-sites to Backward

Class persons and their Housing Societies :

When government land for house-sites are given to the Backward

Class persons individually or to their Cooperative Housing Societies for

residential purposes, it has been decided to give following concessions

in the price of the lands :-

(A) When government lands are granted to backward class persons

individually or as members of Cooperative Housing Societies

for residential purposes, it has been decided to give

concessions of 33% in the occupancy price of the lands. All

conditions regarding allotment of lands for residences are

status quo. These provisions shall be effective from 1-8-2000.

(B) Lands shall be granted to backward class persons individually

or as member of Housing Societies within a limit of 40 sq.

 478

meters at above concessional rates in the cities having two

lakh or more population. In remaining areas, lands shall be

granted subject to limit of 100 sq. meters at above

concessional rates.

(C) Backward class persons include Scheduled Castes and

Scheduled Tribes, Socially and Educationally Backward 82

castes, Landless individuals-classes-groups mentioned in

Annexure-1 appended with Govt. Resolution, Labour, Social

Welfare and Tribal Development Department No. BCR-1078-

13734-H, dated 1-4-78 and economically backward landless

individuals mentioned in para-4 of the said resolution dated 1st

April, 1978 and newly added castes, classes and groups as per

amendment in the resolution from time to time.

(D) In case of granting lands as above, lands having less price

should only be preferred. If the Collector feels that any other

proper land may be available in the area where low prices are

prevailing, no concession should be granted in occupancy

price of the lands; eventhough the applicant satisfies the

conditions for concessions and other provisions.

(E) Where the government has incurred expenditure for lands

acquisition or where paid betterment tax or incurred

 479

expenditure for betterment, no concession may be given in

market price to the persons eligible for concession.

(F) Persons who are not of backward classes as per revised

classification based on the norms of economic backwardness

but are backward classes according to old classification shall

be entitled to concession.

3. (A) Grant of government lands to declared nomedic or semi-

nomedic tribes :

(A) Nomedic or semi-nomedic tribes who want to settle in future

or groups of such persons should apply through the Mamlatdar

for land. The Collector may empower Mamlatdar to grant

government waste land to such persons for constant habitation

without any objections. However; such granting of lands

should be in consultation with local gram Panchayat or where

there is no Panchayat or representative persons. Though it is

not necessary that their concurrence is required. If waste land

is available at convenient place; any suitable private land may

be acquired for the purpose at government cost after getting

approval of the government.

(B) Majority of these people being animal-breeders, they would

like to settle on rural areas or surrounding forests. Therefore,

the lands should be preferred in rural areas in order to settle

 480

them. However, there is no objection to give them

government lands in urban areas for house-sites according to

their individual requirements.

(C) They may be given lands upto two gunthas without auction

and free of occupancy price per individual house-site plot. If

any person among them is in position to pay full occupancy

price or at concessional rate, the occupancy price should be

recovered from him in view of his paying capacity.

(D) If the Collector feels that person who receives land is not in a

position to pay non-agricultural annual assessment at

prevailing rate in the area, for first five years and even

thereafter, annual non-agricultural assessment should be taken

equal to one agricultural assessment for further five years of

two fixed rates of non-agricultural assessment applied to the

areas, whichever is less. Thenafter, every non-agricultural

assessment should be charged; which is prevailing in the area

or which are revised from time to time other taxes and cesses

as may be amended from time to time shall be recovered in

addition to non-agricultural assessment.

(E)Above concessions shall be available to the persons who have not

been settled and passes nomedic life.

 481

3 (B) Government lands may be given to Medium Income

Cooperative Housing Societies or Lower Income Groups

Cooperative Housing Societies on payment of annual non-

agricultural assessment prevailing in the area or as may be

modified from time to time at market price without any

auction for house-site.

(A) Market price of the land shall be the price on the date on

which the land is given or at existing market price.

(B) Land shall be granted to Medium Income/Lower Income

groups Cooperative Societies‟ members or to medium income

persons on individual basis without auction at prevailing price for

residential purposes. However, income limit for them is Rs.

48,000 per annum. The provision shall be effective from 21-5-

2001.

(C) On account of intensive devastation due to statewide severe

earthquake recently on 26-1-2001; it has been decided to give

exemption from income limit in case of grant of house-site plots

at prevailing rate without auction to the Cooperative Housing

Societies‟ members of intensive earth-quake affected talukas. It

is also decided to repeal the condition of possessing other

land/property for members of Cooperative Housing Societies.

 482

These orders shall apply to the areas/villages of severely earth-

quake affected 38 talukas.

(D) Lands shall be granted to the persons and Cooperative

Societies or new impartiable tenure and restriction to sale

condition under the order. However, lands may be granted to the

Cooperative Societies subject to additional conditions.

(1) The Society shall prepare a proper scheme to develop the

land at its cost and shall submit lay out plan within six

months from the date of taking possession to the Collector

for sanction.

(2) The Society shall not construct anything without written

pre-permission of the Collector. It shall construct houses,

roads, gutter within two years as per approved plan from

the date of sanction of the plan by the Collector.

(3) The Society shall observe all rules and regulations

regarding houses that are decided by rules and orders

issued under Land Revenue Code and that are applicable to

the area.

(4) The Society shall not sell, mortgage or lease or otherwise

transfer any plot from the land to any other person other

than member of the Society without prior written sanction

of the Collector. It shall not give on rent by house to non-

 483

member. However, these regulations shall not apply to

mortgage made in favour of Cooperative Housing

Financing and/or any Cooperative Financing Institution and

to sales of lands mortgaged to any cooperative Financing

Institution to recover unpaid debt on land. The relaxations

on restrictions are subject to following conditions. In the

event of sale of lands made by mortgagee Gujarat

Cooperative Housing Financing Society or any other

Cooperative Financing institution, government shall be

entitled unrealized half of the price, that is sale price of

land and originally paid occupancy price plus any

additions, alterations made by the purchaser in the land,

half the price of the difference. It shall not be considered

sale till government‟s share of unearned income is not paid

to it and the purchaser shall hold the land subject to

conditions on which the land was given to him. Decision

of the Collector shall be final regarding unearned income.

(5) If the occupier of the plot makes breach of condition

regarding plot and the Collector may issue notice regarding

breach of conditions and if he does not amend the breach of

condition within six months, he may be expelled from the

plot without paying any compensation.

 484

(6) The land shall be resumed to the government on breach of

any of the terms without paying any compensation.

(7) In addition to above conditions, the Society shall be

required to make agreement in form „H‟ or „HH‟ as

required by the Collector and incorporating conditions as

government feels necessary.

4 (A) Grant of government lands to retired/to be retired military

soldiers for agricultural/residential purposes :-

Existing policy to grant government lands to the retired/to be

retired military soldiers contained various provisions. Among them,

provisions in column-3 are amended and provisions in column-4 are to

be decided to apply.

Sr. Point Existing Provision Amended provisions

No.
1. Income Limit Income shall not Income limit should be
exceed Rs. 7000/- per same to obtain land for
month from non- residence or agriculture.
agricultural sources That is, they should be
except pension to entitled to obtain land if
obtain government their income from non-
land for residential agricultural sources
purposes while except pension does not
 485

income shall not exceed Rs. 3000/- per

exceed Rs. 750/- per month.
month from non-
agricultural sources
other than pension.
2. Designation Retired/to be retired Retired/to be retired
soldiers below the soldiers below the rank
rank of Major and upto Colonel; but only
habitant of Gujarat are residents of Gujarat
considered eligible. should be considered
eligible.
3. Eligibility to No provision at The soldier who obtains
get Gallantry present Gallantry Medal during
Medal. war to show bravery
should be considered to
grant land, irrespective of
their status. However,
residents of Gujarat only
should be considered
eligible.
4. To grant No provision at There is a provision to
gauchar land present grant gaucher lands to
for agriculture soldiers by Santhani
without only. Gauchar lands
santhani. should not be granted by
releasing them; but by
“Santhani” only for
agriculture.
 486

5. Lands to be If the soldiers become If the soldiers dies during

granted to martyr in war and operation of war, his
soldiers who meet with death while legal heirs should be
met with death performing their granted land irrespective
during war. duties, their widows of any eligibility.
may be granted land
irrespective of the
period for which they
performed duties.
6. Lands to be Military soldiers who Land should be granted
granted to have been rendered to soldiers who have
soldiers who permanently disabled been permanently
are rendered during last war with disabled irrespective of
disable. Pakistan should be any limitations. Only the
granted land, residents of Gujarat
irrespective of their should be held eligible.
domicile.

2. All existing provisions other than those mentioned

above shall be status quo.

3. Te order shall take effect from 27-3-2001.

4 (B) To grant government fallow lands to the soldiers who have

been martyr in the recent war at Kargil Front for agriculture

/residence :-

(1) Government has decided to grant agricultural lands to legal

heirs of soldiers inhabitants of Gujarat and who become

 487

martyrs in the recent war at Kargil front for livelihood subject

to limit 16 acres irrespective of their income-limit, designation

and duration of duties.

(2) The Collector should trace arable lands in the district and

immediately make procedure to allot lands to the legal heir of

the martyr soldier without Santhani.

(3) The agricultural lands shall be granted on new indivisible

terms and on condition restraining their sales.

(4) If the heir/relatives of the martyr soldier live in urban areas

and are not in a position to do agricultural work, immediate

action should be taken to give them land from government

fallow lands for residential purposes as an alternative of

agricultural land.

5. Grant of government lands at concessional rate to physically

handicapped persons for various purposes without action :-

(1) Government has decided to allot government fallow lands to

physically handicapped for following purposes :-

(A) For construction of houses,

(B) To start occupation

(C) To start school for physically handicapped.

(D) To establish research centres for physically handicapped

 488

(E) Too establish industry to physically handicapped

entrepreneurs.

(2) Government fallow lands shall be given to them for above

purposes at concessional rate of 50% of market price.

(3) Physically handicapped having annual income upto Rs. 60,000

shall be entitled to obtain land at concessional rates.

(4) Definition laid down in para-2 of Protection of Equal Rights to

Physically Handicapped Act, 1995 of Government of India for

physically handicapped. A person who is physically

handicapped according to the definition shall only be entitled

to obtain such lands.

(5) Certificate of Civil Surgeon of the respective district shall be

recognized.

(6) Lands shall be admissible according to prevailing norms of

government for the purpose of demand of lands.

(7) Powers to dispose of government fallow lands have been

vested in District Collector by above para 1(B). In the case of

demands by physically handicapped of government fallow

lands, as per above policy, the Collectors shall decide within

their powers. If they are not within his power, they shall be

submitted to government for decision.

(8) This order shall be effective from 20-4-2001.

 489

6. To grant government lands to Freedom Fighters and

concession in price of lands :-

Freedom fighters are given government fallow lands for

residential purposes by taking occupancy price vide Govt. Resolution,

Revenue Department No. LND-3962-3985-A, dated 1st May, 1963. it

has also been decided to give following concessions in occupancy

price:-

(1) When freedom fighters are granted government land

individually or as member of Cooperative Housing

Society, they shall be required to pay 50% of occupancy

price of the land or at Rs. 50 per sq. meter, whichever is

less.

(2) The freedom fighters shall be granted land within a limit

of 40 sq. meters individually or as member of

Cooperative Housing Society at concessional rate as

stated above in the cities having population of two lakh

or above, while lands will be granted within a limit of

100 sq. meters at concessional rate as stated above.

(3) In the event of granting government land to freedom

fighters for agricultural or residential purposes, monthly

income limit is fixed at Rs. 3500/- including freedom

 490

fighter pension. This order shall be effective from 20-8-

2001.

7. Allotment of government lands to transferable officers/

employees of State Government/ Panchayat services for

residential purposes without auction :-

With a view to bring uniformity in the policy of giving lands to

officers/employees of State government/Panchayat services; the State

government has decided to change previous policy of granting lands to

transferable officers/employees of State government/Panchayat services

for residential purposes and adopt following new policy :-

(1) Eligibility :

(A) Land shall be available to permanent/temporary Officers

/employees of State government/ Panchayat services who have

completed five years service on the date of application.

(B) He/she should not possess house/flat in his/her name or in the

name of husband/wife or dependent within a radius of eight

kilometers from the place under demand on the date of

application of officer/employee or on the date of getting

possession.

(2) Where will the land be available :

Officer/employee may get land in his/her native district or in the

district where he/she is serving at his/her option.

 491

However, for Gandhinagar district, the transferable

officers/employees shall not get land in Gandhinagar city but at any

other place in Gandhingar District or in his native district.

(3) Area of eligible plot and price of land :

(A) In order to determine the plot to be allotted, basic pay on the date

of application shall be considered.

(B) In order to determine price of land, the District level evaluation

Committee constituted vide resolution of Revenue Department

dated 15-1-1998 shall decide prevailing market price. The

allotment price shall be 50% of that price. Taking allotment price

as base and in view of basic pay on the date of application, the

officer/employee shall be entitled to get area of the plot at

concessional rate as under :-\

Sr. Basic pay Area of the Price of the land

No. plot (Sq.
meter)
1. Up to Rs. 9899 90 50% of existing allotment
price
2. Rs. 9900 to 13,199 135 75% of existing allotment
price
3. Rs. 13200 to Rs. 200 or 250 100% of existing allotment
14,899 as per price – 100% of existing
demand allotment price upto 200 sq.
meters and 1½ times the
allotment price of additional
 492

50 sq. meters.
4. Rs. 14,900 and 200 or 250 100% of allotment price
above. or 330 as upto 200 sq. meters and 1½
per demand times the allotment price of
additional sq. meters.

(C) If the officers getting basic pay upto Rs. 9899/- are class-I officers

and makes demand for 135 Sq. meters of plot instead of 90 sq.

meters, the plot shall be given at 75% of the allotment price.

(D) If husband and wife both are State government employees and are

eligible to get plot, the income of husband and wife shall be

counted jointly and plot commensurating to the income shall be

allotted. Plot of maximum 250 sq. meters shall be allotted and its

price shall be taken as above.

(4) Conditions :

(A) Plot allotted shall be used for residential purposes only. It shall

not be used for any other purpose.

(B) Construction on the allotted plot shall be completed within three

years. During this period, construction shall be completed

invariably. He shall have to live in it compulsorily. If it is not

possible to do so on account of grounds beyond control, he shall

be required to apply in advance for extension of time limit

 493

alongwith evidences, otherwise the plot shall be resumed to

government without any compensation.

(C) Permission shall not be granted to sell open plot without

construction.

(D) If the plot holder is not in a position to make construction on the

plot, he shall be required to return the plot to the government.

(E) Irrevocable power of attorney may not be issued as regards sale of

allotted plot. If such thing comes to notice, the plot allotted shall

be resumed to the government without any compensation.

(F) If the plot alongwith construction is sold for special reasons,

differential amount in the below mentioned proportion, shall be

deposited with government as premium. Differential amount

shall be derived by deducting original occupancy price paid by

the employee from the price of the plot at prevailing market price.

He shall have to explicitly give details along with necessary

evidences for special reasons of such sale.

Sr. Duration of period from the date of Premia to be paid for

No. occupancy certificate differential amount
1. Within 10 years 100% (x)
2. After ten years but within 15 years 75%
3. After 15 years but within 20 years 50%
4. After 20 years but within 25 years 25%
5. After 25 years 0%
 494

(G) If the house constructed on allotted plot is sold within ten years,

original amount paid and ten percent simple interest on original

amount paid shall be deducted from the market price of the land

and he shall be required to pay 100% premia on remaining

differential amount.

(H) In the case of Officer/employee, grant of land shall be decided in

view of availability of government land at relevant place.

(I) Government employee/officer shall obtain land under the scheme

only once during entire service period. If the officer/employee

has formerly obtained land at concessional rate in previous

schemes and has sold to other, he shall not be entitled to obtain

the land again.

(5) If there are more than one demand for the same land for

residential purposes, allotment of land shall be by draw system by

the District Collector.

(6) If service conditions applies to State government employees are

applied to the Panchayat service employees and whose

recruitment, qualifications, promotion and other service

conditions are framed under Gujarat Panchayat Act, 1961, such

officers/employees shall be included in Panchayat services.

(7) In cases of demands of officers/employees of government land for

residential purposes, the District Collectors shall decide subject to

 495

the powers vested in them by government Resolution, Revenue

Department No. JMN-392000-1697-A, dated 27-11-2000. if they

are not within his powers, he shall submit proposal to the

government.

(8) The resolution shall be effective from 4-4-2001. Pending

demands of officers/employees for residential purposes on the

date of resolution shall be decided under the resolution.

(9) In order to avoid difficulties and inconvenience to the employees

to trace and get lands and they may smoothly select lands, and

situation of the land/survey numbers are easily available to them,

the District Collector shall circulate necessary information in their

district and shall take immediate steps to remove their difficulties.

 496

AFFIDAVIT

Name

Father‟s name

Caste

Occupation

Age in years

Residence

I hereby declare by the affidavit that

I___________________________

serving as__________________________in the office

of_______________________________Department. I joined my

service on__________________. My continuous service is

of__________years.

2. Details of members of my family are as under :-

Sr. Name Age Occupation Yearly Relation

No. income
1.

2.

3.

4.

5.
 497

3. I hereby declare that I do not possess plot of land or house in the

name of myself, my wife/husband or dependent within a radius of eight

kilometers from the place of land under demand.

4. I live at_____________________________at present. Proof is

enclosed.

5. I or any of my family members have obtained/not obtained

land/house/flat from government for residential purposes.

6. Affidavit executed by me is true to the best of my knowledge and

belief. I hereby declare that if I am proved wrong or guilty, I shall be

punishable under government rules. I have understood this and I declare

the above facts by affidavit.

Place:

Dat:e

Introduced by

(11) Register of applications for the demands of plots for residential

purposes by officers/employees of State Government/Panchayat

services.

1. Name, Designation, Office of the

Employee who made demand.

2. How many years of service has been

completed by the applicant on the

 498

date of application for demand of

residential plot.

3. Where does the applicant wants to get lands?

In the native district or district of service?

Name of village

Name of taluka

Name of district.

4. Monthly basic pay of the applicant :

5. If husband/wife of the applicant is in

Government service, state following

Details :-

Name of Office :

Basic pay

Others

6. If he/she has obtained land at

concessional rate previously as

Government officer/employee.

its particulars should be included

in the prescribed affidavit.

Date Signature of the applicant.

 499

8. Grant of government land for residential purposes Area of

plot and Rules for construction :-

(A) In the plot of land allotted for residences, the Cooperative

Housing Society shall be given lands upto 100 sq. meters per member as

regards area of land to be kept open and construction. In the total area

of land given to the society, plotting should be made and provision has

to be made for common plot, roads, margin etc. As following provision

has been made in construction and open lands, the construction shall be

made accordingly :-

Sr. Area of plot Area for Minimum Open lands to be left Remarks
No. maximum width
construc-
tion
(Floor)
Front Rear Side
(In (In (In
meters) meters) meters
)
1. 40 to 90 Sq. 60% 5 meters 2.5 7.5 - -
meters
2. 91 to 200 Sq. 50% 8 meters 3.0 2.0 2.5 In the plot
meters of twin
3. 201 to 500 40% 10 meters 4.5 3.0 3.0 plots of 150
Sq. meters and 200 sq.
4. 501 to 1000 40% 12 meters 4.5 3.0 3.0 meters any
Sq. meters one side
5. 1001 and 40% 15 meters 4.5 3.0 3.0 shall be
above Sq. considered.
meters

(B) Plot of 40 sq. meters shall be considered permissible in the cases

of Housing Scheme run by competent authority established by the

 500

law in force at relevant period or Government of India, State

Government, local institution or any other institute.

(C) Moreover, F.S.I. shall be kept at 1.2 at the time of construction. If

it has been decided to keep maximum F.S.I. in Urban

Development Authority or Town Planning Scheme in any area,

and it is less than 1.2, total area of construction shall be regulated

according to F.S.I.

(D) For leaving margin, it would be at the will of plot holder to decide

whether to adopt the said norms for margin or to adopt norms

prevailing in local municipality or Municipal Corporation.

9. Grant of sanction to sell land/plot on new term given for

residential purposes, Breach of condition of new tenure,

Extension of time-limit in construction of house – completion

of construction :-

(A) Sale of land/plot on new tenure and regularisation of unauthorized

sales

No unconstructed land/plot given for non-agricultural purposes on

new tenure may be transferred by sale, mortgage etc. However,

lands/plots given for industrial/commercial purposes may be permitted

by the Collector to mortgage to recognized financial institutions or

 501

nationalized banks or cooperative banks to obtain loan for construction

on plot/land or for commercial purposes.

The Collector may permit to sell land/plot alongwith construction

given on new tenure for non-agricultural purposes on payment of

following premia, provided proper reasons are given for it.

(1) Original price of land/plot taken by the government and when

permission to sell is given or order is issued to regularize unauthorized

sale and competent officer may determine its price, following

percentage shall be taken as premia :-

(A) Land/plot given for residential purposes – 50% of

difference in price as stated in (1) above may be charged as

premia.

(B) Land/plot given for other purposes except agriculture –

75% of difference in price as stated in (1) above.

(C) Premia as per (B) above may be taken when the sale or

transfer is on account of mortgage. When the plot/land including

construction is transferred unauthorisedly, it should be regularized by

taking following premia :-

(1) For Plot/land given for residential purposes -

75% of difference in original price as stated in (1)

above may be taken as premia.

 502

(2) For plot/land given for purposes other than

residential -

100% of the difference in price as stated in (1) above

may be taken as premia.

(B) Extension of time-limit for construction as well completion of

construction of house :-

(A) First Breach of condition :

Where construction of house is not completed within two

years from the date of taking possession of the land and if proper

reasons viz.; natural calamity, difficulties in obtaining construction

materials, financial stringency etc. are put forth and if Collector is

satisfied by it and if he feels that if time limit is extended for original

land holder, he will be in a position to complete construction, he may

extend the limit for further two years on following premia :-

(A)(1) Plot given for residential purposes – Amount equal to 10

tenure of existing non-agricultural dhara may be taken

as premia.

(A)(2) Plot given for the purpose other than residential –

Amount equal to 20 pat of existing non-agricultural share may be taken

as premia.
 503

(A)(3) If original land holder belongs to Scheduled Castes or

Scheduled Tribes or Other Backward Classes, half of the amount as

shown in A(1) and A(2) above may be taken as premia.

(B) Second breach of condition :

If construction of the house is not completed even after extension

of two years after first breach of condition and if the Collector

feels that it has happened such on account of circumstances

beyond control and if original land holder assures that he is in a

position to complete construction if further two years are

extended, the Collector shall regularize breach of condition and

extend the limit for further two years on payment of following

premia :-

(B) (1) Plot given for residential purpose - Amount equal to

20 time pat of existing non-agricultural share may be

taken as premia.

(B) (2) Plot given for purpose other than residential – Amount

equal to 50 time of existing non-agricultural share may be taken as

premia.

(B) (3) If original land holder belongs to Scheduled Castes or

Scheduled Tribes or Other Backward Classes, half of the amount as

shown in B(1) and B(2) may be taken as premia.

 504

(C) No extension of time-limit may be granted after two

breaches of condition. In such cases, the land may be taken back, enter

it as government fallow land and dispose it of as per rules.

(D) if six years time has lapsed after taking possession on the date of

issue of the order and –

(1) If no construction has been made in the land, it should be

confiscated and disposed of as per rules.

(2) If part construction has been made, the land may be taken

back, enter into government fallow land and then may be

regranted as existing market price.

(3) If the construction has been completed after six years from

the date of taking possession; the land should be entered into

government fallow land and regranted at current market rates.

(E) All the Collectors should dispose of the cases of land/plot granted

on complete occupancy price or at concessional rates.

(F) Cases which are not included in the above instructions or there are

sufficient reasons for them or are necessary to be disposed of on

merits, should be submitted to the government by the Collector.

When land on new tenure is given to any registered firm/company

on lease or sale and if there are changes in the names of partners,

pre-sanction of government shall be sought when land of new

tenure is given to the firm/company on lease, or sale, names of all

 505

members/partners of the firm/company, their addresses, true

copies of pedhinama and partnership deed etc. should be enclosed

and a condition should be entered into order of land that if there

may be any changes into existing members or partners that is, if

one or more partners at the time of original grant of land are

relieved or new partners are added, government permission may

be sought. While granting pre-permission, they will have to pay

20% premia of notional market price of relevant land at the time

of change in partners in the firm. The changes made except this

shall be considered breach of condition and the land may be

resumed to the government.

(G) Needy, financially weak and members of low income group may

hypothecate lands on new and indivisible terms and restriction of

sale to Gujarat Rural Housing Board on following conditions :-

(1) No financial assistance shall be paid from government or

Panchayats on plot after its mortgage.

(2) If the payment of loan is not made to the Board and if the

land/house is confiscated, profit accrued from its sale,

Board shall pay 50% of the difference of the market price

of the date of sale and price of grant of land.

10-A. Grant of government fallow lands for Industrial purposes :

 506

The District Collectors shall grant government fallow lands upto

two hectares area and price upto Rs. 15 (Fifteen) lakh for industrial

purposes without auction under following conditions :-

1. Consent opinion of Commissioner of

Industries/Industries Officer shall be obtained for such

demand;

2. Prior to proceed to grant such lands after getting opinion

of the branch/office of concerned Town Planning

Department further action shall be taken in accordance

with the powers given.

3. The Collector shall not exercise such powers in six large

city areas and urban complex, viz.; (1) Ahmedbad, (2)

Vadodara, (3) Surat, (4) Rajkot, (5) Bhavnagar and (6)

Jamnagar. In other words, the proposals to get

government fallow lands in these areas shall be

submitted to government.

4. whether the government fallow lands under demand are

required for any public purpose shall be pre-examined

by the Collector.

5. Price of such land shall be determined by Deputy Town

Planner.
 507

10-B. Special procedure when gauchar land is allotted for industrial

purposes:

(At present provision of the resolution is post poned)

10-C. Simplification of procedure to grant government land for

industrial purposes for accelerated industries development in

earth-quake stricken Kachchh District.

It has been decided to adopt following procedure to grant

government land for industrial purposes in earth-quake-stricken

Kachchh District.

(A) Gujarat Industrial Development Corporation shall make

demand of land for industrial purpose in Kachchh district;

(B) Following Committee is formed to supervise the work to

make land allotment process simple and speedy for industrial

purposes :-

(1) Principal Secretary, Revenue Chairman

(2) Principal Secretary, Industries Member

(3) Principal Secretary, Finance Member

(4) Principal Secretary, Urban Development Member

(5) Chief Town Planner Member

(6) Commissioner of Industries Member

(7) Collector, Kachchh, Bhuj Member

Secretary
 508

(C) The Committee shall decide areas of land suitable for

industrial purposes and give opinion about evaluation of land.

(D) The Committee will keep vigil that work of earmarking of

areas of lands useful for industries, demand by Gujarat

Industrial Development Corporation and devolution of

existing powers, procedure to sanction the demands are

completed within a period not exceeding two months.

2. This order shall be effective from 1-8-2001.

10-D. Allotment of government land to non-resident Indians for

industrial enterprise :-

When non-resident Indians apply to get government land through

State Government Bureau, viz.; Industrial Extension Bureau (Index-B)

for requirement, all Collectors/District Development Officers shall make

such arrangement that their demands are expeditiously met with.

10-E. Allotment of lands to Hotel, Motel, Restaurants under various

tourism projects :-

1. The government has declared new tourism policy and government

has made arrangement to grant government fallow lands to

industrial units for various tourism projects as mentioned in para

5.1.2. Now, government has reconsidered the matter and decided

that government fallow lands shall be given to them as they are

 509

given to industries. Now, such lands shall be granted at

prevailing market price for hotels, motels, amusement parks etc.

2. The Collectors shall prepare proposals on such demand and

submit to government for sanction with consent opinions of

Director of Tourism. Price of the land shall be determined by

Deputy Town Planner.

3. If such demands are from industrial units, Secretary, Tourism

Department shall be included in the Committee formed by Govt.

Resolution, Revenue Department No. JMN-3993-1126-A, dated

12-7-2994.

4. Land shall be granted at prevailing price for 23 types of tourism

projects declared under tourism policy.

5. Before granting such lands recommendation of Tourism

Department shall be obtained for requirements of land for

projects. The projects sanctioned by Tourism Department or

Corporation shall be considered to grant land at prevailing market

price.

11. Transfer of lands given on lease for industrial purposes on taking

premium :-

(A) It was a policy of Saurashtra Government to grant

government lands for industrial purposes on yearly rent on

lease of 99 years. Accordingly, government lands have

 510

been granted on lease for industrial purposes on new terms

with restriction on sale in Saurashtra areas. Entire lands are

mentioned in lease on the condition of restriction on sale

for industrial purposes. When permission is sought under

condition-5 to transfer it to other during continuance of

lease alongwith factory and machines, the permission may

be granted at a premium of one percent of the market price

of the land. The person in whose favour the lease/transfer

is made, shall continue to hold land on lease at original

condition. Such permission of transfer may be given by the

Collectors.

(B) Government fallow lands are given to partnership firms on

lease or perpetual sale for industrial purposes. If there is

any change in partners, viz.; partner is relieved or changed

or when new partner enters, government permission is

required in the process of any change. In such cases, it has

been decided to pay premia at 20% of the notional market

price. It has also been proposed to enter such condition in

the orders granting lands. Any change made without

permission of the government shall be considered breach of

condition and the lands shall be resumed to the

government.
 511

12. Grant of land for the purpose of kiln-furnace, Instalment of

occupancy price :-

In order to dispose of applications for permanent demand of

Government fallow lands for lime-kiln earlier, the applicants whose

economic condition is poor, shall be given maximum five equal annual

instalments on merits of the case. Simple interest at 6% shall be levied

on remaining unpaid amount of occupancy price. The Collectors shall

recover the amount alongwith instalments.

13. Non-grant of government/village site and gauchar land on

permanent basis or lease for business purposes :-

1. Generally government village site or gauchar land is not

granted for business purposes.

2. Entrepreneurs in petrol pump, diesel pump or crude

kerosene depots etc. may earn profit by commercial use in

their business enterprise. They may purchase private lands

by paying more. Therefore, government village site or

gauchar lands may not generally be granted for business

purposes. In case it is required to be given, it should be

seen that they are not granted without auction.

3. There is exception for demand of government village sites

and gauchar lands for business purposes by Scheduled

Castes and Scheduled Tribes persons. When

 512

government/village site or gauchar lands are given to

Scheduled Castes, Scheduled Tribes for Petrol/Diesel

pump, gas agency, Kerosene/Crude oil depots like

commercial purposes on permanent basis, they may be

granted at market price as may be decided. But its price

should not be recovered at a stretch but in three yearly

instalments. Out of these three instalments of occupancy

price, first instalment shall be recovered prior to issue of

regular order of grant. No interest shall be charged on

these instalments. If they do not pay instalments within

prescribed time-limit, interest shall be recovered of delayed

payment.

4. Where lands have been given on lease previously for

business purposes, the proposals of renewal or extension of

time limit shall be submitted to government.

5. Generally permission for non-agricultural use is sought on

private lands for brick kilns. Such permission may not be

granted perpetually.

6. Government fallow lands may be granted to nationalized

banks for construction of building for banks on request on

realization of existing market price. Price of the land shall

be determined by Deputy Town Planner.

 513

7. Milk producers Cooperative Society is a spinal cord of

economy at village level and give substantial contribution

in rural development. Government has decided to give

them 200 sq. meters of land without auction for the purpose

of construction of cattle centre, office but not godown. As

the villages falling in radius of 10 kms. of urban area are

development-oriented, price of such lands is to be

determined by Deputy Town Planner.

14. Grant of government fallow lands to Cooperative Societies for

construction of godowns :-

(A) When Cooperative Societies are granted government fallow

lands for construction of godowns, the occupancy price

may be determined as per rule and proposal may be

submitted to government to grant land at 50% price.

(B) When Cooperative Societies are granted land for

construction of godowns and when such cooperative

societies were previously granted lands at concessional rate

of 50% and when the same cooperative societies again

demand government lands at concessional rate for

construction of new godown or extension of the existing

godowns, they should not be given 50% concession but

economic position of the society and activities undertaken

 514

by them should be kept in view and concessions should be

reduced accordingly. The District Collectors may first seek

opinion of District Registrar, Cooperative Societies and

after considering what concessions should be given in such

cases and then submit the proposals to the government.

(C) On getting such proposal from the District Collector, the

District Registrar, Cooperative Societies should take in

view the economic viability of Cooperative Society,

activities undertaken by it and give clear opinion as to how

much concession should be given to such society.

(D) In cases where Cooperative Societies are prepared to pay

full amount of occupancy price, their proposals should be

duly disposed of without delay without making any

procedure as per paras 2 and 3.

15. Allotment of land for fisheries in brackish water :-

Fisheries Department has issued order to implement Coastal

Aquaculture Scheme in coastal areas. If private persons make demand

for land under these orders, the respective Departments have to place

their lands of or near coastal areas and land with revenue survey

numbers have to place the lands under Revenue Department.

Government has decided as under in this regard :-

 515

Policy for grant of coastal areas land for brackish water has been

decided by resolution of Revenue Department dated 4-4-1987.

According to the provision of this resolution, lands of brackish water

area are given on lease. Brackish water area means such land which is

flooded by sea water occasionally or frequent on account of natural

spread of sea water or the land which is not affected by artificial evasion

of coastal saline water; but where rush of sea water is such that cannot

be prevented. Rent of land is charged Rs. 100 per annum per hectare as

decided vide Govt. Resolution, Revenue Department N. JMN-3986-

2730-A, dated 1-7-1986. Fisheries in brackish water require technical

knowledge, training, financial facilities etc. Those who allot land on

individual basis do not cope up with these requirements. As fisheries

are based on traditionally catching of fish, this industry could not

adequately developed.

In view of these aspects, it has been decided to organize meetings

at higher level, to change existing policy and it is proposed to make

following amendments.

(1) Period :- Existing period for lease of land for fisheries is

125

years for first stage and 15 years for second stage. Instead,

it should be kept 20 years for first stage and 20 years for

second stage.
 516

Rate of rent :-

(A) According to the present rate, rent of Rs. 100 will be

charged for first three years;

(B) From fourth year, rent for big plots requiring huge

investment should be increased to Rs. 500, while rent

of Rs. 200 will be charged on plots upto five hectares

from fourth year to individual beneficiary.

(2) Professional fishermen shall be given first priority in view

of financial capability to undertake to acquire knowledge,

study and activities in addition to selection criteria of

individual beneficiary.

(3) In case of individual demands, priority order shall be as

under :-

(A) Priority order among individual fishermen :-

1. Professional fishermen,

2. Scheduled tribes,

3. Scheduled Castes,

4. Other Backward Classes recognized by

government,

5. Non-backward persons.

From among above applicants, first priority

shall be given to the person of the respective village.

 517

If suitable person from village is not available or the

lands to be allotted is more, persons from respective

taluka and respective district shall be considered.

(B) Selection Committee :-

Now, Selection Committee at district level

shall be comprised as under :-

1. Collector or his representative, not below the rank of

Prant Officer,
2. Deputy Director, Fisheries or Superintendent of

Fisheries,

3. Social Welfare Officer of the respective district,

4. Concerned Taluka Mamlatdar.

(4) Before allotting land for aquaculture, a survey should be

carried out for each area. Lay out of plot should also be

prepared after survey. Large sized plots in the lay out shall

be for mother forms. Small plots of five hectares shall be

prepared surrounding mother farm. Mother hatchery shall

provide seeds and necessary guidance to small plot holders.

It shall arrange for sale of fish also. 15 to 25% of lands

shall be allotted for such mother hatchery, remaining land

shall be given to small plot holders. Such type of master

plans shall be prepared by the Commissioner of Fisheries

with the help of Collector within six months. The Collector

 518

may allot plots admeasuring five hectares or less for

aquaculture on the basis of the Master Plan.

(5) Large plots which may be developed with huge investments

may be reserved not for individual but for big project and

small plots which may be individually developed with large

investments may be given on individual basis.

(6) In order to undertake this activity for allotment of

government fallow lands and for speedy disposal of

applications Deputy Secretary (Land) in Revenue

Department has been entrusted the work of supervision and

coordination.

(7) The lands which are considered suitable for aquaculture by

the Commissioner of Fisheries and which is not

objectionable by Revenue Department should be entrusted

to Fisheries Department for systematic planning and

arrange to give to eligible persons on lease as per rules of

the planning.

(8) Only local Co-operative Societies consisted of persons

specified in 3(A) shall be eligible to get lands not more

than fifty hectares. The Collector shall have power to do

so. However the Collector shall consider recommendation

of Fisheries Department.
 519

(9) Corporations, Public Limited Companies, private

companies etc. shall demand for lands according to their

projects. Industrial units may generally make demand upto

100 hectares. However, considering expertise, use of

international technology, economic aspects of the project

and technical feasibility of the project shall be taken into

consideration and such companies may be granted more

than 100 hectares of land on lease. Reports of the Collector

and Commissioner of Fisheries shall be obtained under this

paragraph. The Committee of government shall have

powers to give land on lease. Such proposals shall be

placed before the Committee consisted of Secretary,

Revenue Department, Tribal Development Department,

Fisheries, Ports and Transport department and Social

Welfare Department at government level and the proposal

shall be submitted to the government for sanction after the

recommendation of the Committee.

(10) The lease shall be given subject to following conditions :-

(1) The lessee shall use land for brackish water fish farm only

and to be utilized for fish/shell fish culture or cultured fish

and for marketing of shell fish.

 520

(2) Leased land shall be given to the lessee for a lease of 20

years. However, lessor may extend its period for another

maximum 20 years.

(3) Total tenure of the lease shall not exceed 40 years under

any circumstances. After 20 or 40 years, the leased shall

return to the lessor alongwith all construction thereon. On

expiry of lease; land will be resumed to the department and

constructions thereon shall be removed at his cost.

(4) Labourers required on farm shall be obtained by the lessee

locally or from surrounding areas. If there is local member,

he shall be preferred for technical and other activities of the

farm.

(5) The lessee shall be required to give information on

production etc. when demanded by the officers of Revenue

and Fisheries Department.

(6) The lessee shall grow trees on all the four borders of leased

land. Such activities may not be carried out on any land

other than borders of the land.

(7) The lessee shall give all types of facilities when Revenue

and Fisheries Officers come to the site for farm and other

activities.
 521

(8) The lessee shall bear all necessary expenditure for

boundary marks of land leased and for document of the

lease.

(9) The lessee shall not give the land on lease or transfer to

anybody; but if lessee requires financial assistance for

aquaculture use, he shall mortgage it to the nationalized

banks or financing institutions recognized by government

to obtain loan.

(10) The lessee shall not possess or occupy more lands than

those given to him.

(11) Government or its representatives reserve their rights to

propose any additions – alterations in the conditions of the

lease.

(12) When the lessee makes breach of any of the conditions of

the lease, the lease may be revoked without paying any

compensation by giving three months notice.

(13) If lease land is required for any public interest, the State

Government and its representatives reserve their rights to

revoke the lease without paying any compensation.

(14) When lessee wants to give up the lease, he shall give three

monthly notice to government and shall return the leased

land.
 522

(15) The lessee shall pay to the Talati of the revenue village in

advance the yearly rent of the leased land in the month in

which the lease was obtained. The Talati shall proceed to

get sanction and the Taluka Mamlatdar shall sanction such

yield for village.

(11) For the lands allotted for this purpose, out of form for

Sanad prescribed in Land Revenue Rules, the conditions

mentioned above shall be added into the form of Sanad to

grant land on lease.

16. To give on rent the government owned medans :-

Government owned medans are given on rent for short term, i.e.;

for the period of maximum 15 days. Their rent is as under :-

Sr. Purpose Rate of rent

No.
1. For Industrial, trades and 1. Rs. 50 per day for land
other purposes, which may admeasuring 1000 Sq. meters or
raise financial income. part thereof.
2. To organize election 2. Rs. 20 per day for land
meetings by recognized admeasuring 1000 sq. meters or
political parties. part thereof.
3. For educational, religious Rs. 5 per day for land admeasuring
and useful purposes for 1000 sq. meters or part thereof.
people and other community
purposes from which no
income is to be derived.
 523

17. Government lands given on lease for circus in urban areas :-

(A) According to the existing policy regarding rent of

government land leased for short duration for circus in

urban areas, the price which is determined per sq. meter on

the date of order by Deputy Town Planner or Rs. 150 per

sq. meter, whichever is higher. Rent is to be collected at

6% of the price including other taxes. Human Resources

Development Ministry, Youth affairs and Sports

Department, Government of India directly by its letter No.

F-18-86-D-3(Sp.) dated 10th June, 1986 directed all State

Governments to give circuses having membership of Indian

Circus Federation should give on rent the medans at

reasonable rate. It has been decided to give lands on

following lump sum rent in various urban areas to the

member circus of Indian Circus Federation because they

are on the path of starvation and so that they feel relief in

the economic stringency of circus industries.

List of recognized Members of Indian Circus Federation as on 1 st June,

1986:

Sr. Name of recognized member Sr. Name of recognized member

No. No.
1. Gemini Circus 12. Great Golden Circus
 524

2. Great Roman Circus 13. Rajkamal Circus.

3. Great Oriental Circus 14. Olmic Circus
4. National Circus 15. Panama Circus
5. Great Bombay Circus 16. Jamuna Circus
6. Bharat Circus 17. Venu Circus
7. Great Royal Circus 18. Great Indian Circus
8. Amar Circus 19. Empire Circus
9. Apolo Circus 20. Asian Circus
10. New Grand Circus 21. Prabhat Circus
11. Jumbo Circus 22. Famous Circus.

Urban Areas Daily rent

1. Ahmedabad, Vadodara, Surat Rs. 200/-

2. Rajkot, Bhavnagar, Jamnagar Rs. 150/-

3. Other areas. RS. 100/-

(B) The power to lease out land at the first two months is

conferred on the Collectors and after two months, if it is

found to extend the lease period, proposal has to be made

and orders obtained before expiry of the period. In case the

possession of lease is continued without approval, the

Collector shall recover two and a half rent than the

prescribed rate.

(C) Other taxes such as educational tax, local fund cess etc.

shall be recovered besides above rent legally.

 525

18. Renewal and permanent disposal of lease granted in long term in

city survey areas of Ahmedabad, Surat and Bharuch.:-

The following concessions are available for recovery of price of

possession or rent of land whose lease expires in 1966 and 1967 for

lease granted on long term in city survey areas of Ahmedabad, Surat and

Bharuch.

(A) Concession available in price of possession of land leased out on

long term :

Sr. Descrilption of land leased Concessional price to be recovered.

No. out
1. All land holders possessing 15 per cent of market value for the
lease of 99 years prior to 1st year in which the lease expires,
January, 1948 whose lease means in respect of year of 1966 or
expires in 1966 or 1967. 1967.
2. All land holders possessing 25 per cent of market value.
lease of 99 years on 1st
January, 1948 or thereafter;
but before 31st December,
1956 whose lease expires
on 1966 or 1967.
3. All land holdes possessing 60 per cent of market value.
lease of 99 years on 1st
January, 1967 or thereafter;
but before 31st December,
1960 whose lease expires
on 1966 or 1967.
 526

4. All land holders possessing 80 per cent of market value.

lease of 99 years on 1st
January, 1961 or thereafter;
but before 31st December,
1964 whose lease expires
on 1966 or 1967.
5. All land holders possessing No concession shall be available to
lease of 99 years on 1st such persons.
January, 1965 or before
whose lease expires on
1966 or 1967.

(B) No concession shall be available in short term lease which

are not included in the above categories. While disposing

short term leases the Collectors of Ahmedabad, Surat and

Bharuch should ensure that the land granted permanently is

not required for government or public purposes.. the

Collectors should verify that recipient of land permanently

whether they can construct permanently as per rules of

construction of the government or local bodies.

The land holder who have asked for grant of land on

lease permanently as per the provision of GR No. LND-

3962-98189-A, dtd. 30th April, 1966 their cases should be

disposed of immediately.
 527

If the lease is transferable, the land should be granted

on old terms and where restrictions have been imposed on

transfer of land on lease, the land should be granted on new

impartiable and unalienable term. Where term of lease are

violated and lease of land on new terms is transferred, the

land holders in this case are not eligible to concession in

price of land. He has to pay market value at the rate of the

year 1966 and 1967.

(B) Renewal of lease :

The lease should be renewed for 50 years by charging 15 per cent

rent on the above mentioned terms and conditions. Where an

undertaking has been given for 99 years lease, it should be extended to

50 years or 99 years as per the demands of the land holders. The lease

of long term lease shall have to pay non-agricultural assessment, other

taxes and cess for the respective area as prescribed.

All the lands leased out on long terms where time-limit has been

mentioned or not, they should be extended as per the above instructions

or disposed of permanently.

19. Grant of land permanently leased out on short term in city survey

areas of Ahmedabad, Surat and Bharuch :-

 528

(A) The land leased out on short terms in city survey areas of

Ahmedabad, Surat and Bharuch should be disposed of

permanently in the following manner :-

Sr. Category Market value

No.
1. The lease holders who have 15 per cent market value on 17th
lease for 7 years and they July, 1971 or 15% market value on
have been extended for 7 date of application whichever is
times or their total period of later.
lease is for 50 years and
those lease-holders whose
span of lease of first stage is
less than 7 years.
2. The lease holders who have 30 per cent market value on 17th
lease for 7 years and they July, 1971 or 30 per cent market
have been extended for 6 value on date of application
times or their total period of whichever is later.
lease is for 40 years and
those lease holders whose
span of lease of first stage is
not less than 7 years.

3. The lease holders who have 45 per cent market value on 17th
lease for 7 years and they July, 1976 or 45 per cent market
have been extended for 4 value on date of application
times or their total period of whichever is later.
lease is for 30 years and
those lease holders whose
span of lease of first stage is
not less than 7 years.
 529

4. The lease holders who have On date of application or 60 per

lease for 7 years and they cent market value on 17th July, 1971
have been extended for 3 whichever is later.
times or their total period of
lease is for 20 years and
those lease holders whose
span of lease of first stage is
not less than 7 years.

(B) No concession shall be available in short term lease not included

in the above categories. While disposing cases of short term

leases, the Collectors of Ahmedabad, Surat and Bharuch should

ensure that the land to be granted permanently is not required for

government or public purposes. The Collectors should verify

whether the persons who have received land permanently can

construct permanently as per the rules of the government or local

bodies as per Building Rules. The Collectors should clarify to the

persons who have received the land permanently that the

government does not give any guarantee that permanent

construction can be carried out on their land as per local

Municipal Building Rules. These concessions are available only

to land holders of short periods authorizedly and not to the land

holders of short terms who have got land through unauthorized

transfer.
 530

(C) The land leased out on short terms which are not included in these

orders shall be disposed of by public auction as per the standing

orders of the government. If the land holder belongs to SC, ST or

OBC, he is eligible to grant of land permanently on market value

of 17th July, 1971 or on date of application whichever is later.

(D) Grant of non-agricultural land leased out to short term in urban

area on concessional rates. For land granted at concessional rate

on short term lease permanently for non-agricultural use in urban

areas, recovery of right to possession as below can be made by

grant of further relief to lease holders of SC, ST and OBCs. :-

Sr. Details of lease Price of right of possession

No.
1. Those lease holders whose 10 per cent market value on 17th
first period of lease is not July, 1971 or market value on date
less than seven years, such of application whichever is later.
seven years lease which are
renewed for seven years or
more times or whose total
lease period is 50 years.
2. Those lease holders whose 20 per cent market value on 17th
first period of lease is not July, 1971 or market value on date
less than seven years, such of application whichever is later.
seven years lease which are
renewed for six years or
more times or whose total
lease period is 40 years.
 531

3. Those lease holders whose 30 per cent market value on 17th

first period of lease is not July, 1971 or market value on date
less than seven years, such of application whichever is later.
seven years lease which are
renewed for four years or
more times or whose total
lease period is 30 years.
4. Those lease holders whose 45 per cent market value on 17th
first period of lease is not July, 1971 or market value on date
less than seven years, such of application whichever is later.
seven years lease which are
renewed for three years or
more times or whose total
lease period is 20 years.

Part of government land granted on lease for non-agricultural

purposes should be recovered at 15 per cent of market value on annual

rates.

20. Disposal of land earmarked for public purpose of areas of six

Urban Development Authority of State and Gandhinagar City and

District :-

Any land earmarked for public purpose whether it is earmarked

for pasture or for any other purpose, which is belonging to six urban

conglomeration of the State, of the area of urban Development

 532

Authority, villages of Gandhinagar District should not be transferred for

other purpose without prior approval of the government and such land

which has high potential for non-agricultural use should also not be

granted for agricultural purpose also.

21. Allotment of land at 50 per cent of market value to the

institutions/trusts engaged in social work and activities :-

As regard grant of land at fifty per cent of market value to the

institutions and trusts which are engaged on social work, after careful

consideration, the government has decided that as per the Land Revenue

Code provisions, the public institutions engaged in social work are

granted government land at market value. However, the institutions

engaged in Social, educational, cultural, media work and other voluntary

organizatios and hospitals and public trusts engaged in social work do

not suffer due to lack of fund and they can carry out their work smoothly

and develop their activities, they are allotted land at 50 per cent of

market value on merit. This order takes effect from 14-8-1991.

22. Grant of land at concessional rate to higher educational

institutions :-

The government has laid down certain criteria for grant of land to

higher educational/medical educational institutions, which are as under :

 533

1. The land shall be made available to institutions of higher

education such as Medical College, Physio Therapy College,

Dental College, Nursing College, Engineering College, Poly

Technic Training College, College for Information

Technology etc.

2. Available government waste land shall be allotted for this

purpose, land shall be allotted after checking availability of

land and requirement of land for other public purposes.

3. Consent of concerned department shall be obtained first for

starting such higher/Medical educational institution and

thenafter allotment of land shall be considered

4. Minimum Land as prescribed by respective council of

Government of India higher medical educational institution

shall be granted at 50 percent rate of market value and 1 to 15

percent land than the minimum required land shall be granted

at 75 percent of market value and more than that ratio shall be

granted at 100 percent rate of market value.

5. Land shall be granted to the institution after full

recovery of price as above or if the institution

intends, the land shall be granted on lease of token

rent for the first seven years. After seven years, the

land shall be transferred to the institution after

 534

recovery of initial price of land and simple ten

percent interest on it. If the land granted is not used

fully by the institution during the seven years, the

land shall taken back by the government.

6. On grant of land to the institutions/trust it shall

complete the construction of the educational complex

in three years from one year.

2. Land at the following rate shall be admissible to the higher

educational institutions.

Criteria for Grant of minimum land Land (in acres)

Sr. Subject Rural District Metro
No. H.Quarter City
1. Engineering & technology 25 10 5
(Degree)

2. Engineering & Technology 20 10 5

(Diploma)

3. Pharma (Degree) Hotel 5 2.5 0.5

Management & Catering
Technology. (Degree)
4. Pharma Degrees Hotel 3 1.5 0.5
Management & Catering
Technology. (Diploma)

5. Pharma Degree + Diploma 5 2.5 0.5

6. Applied arts (Diploma) 2.5 1.5 0.5

 535

Minimum standard for grant of land for medical college is

25 acres and for dental college is five acres. If physiotherapy

college is started, land can be allocated as per the

recommendation of the University. If any other faculty demands

land the government can decide the matter accordingly.

(1) This order takes effect from 6-9-99.

23. New Tourism Policy Transfer/entry of land under Tourism

Corporation.

Government Waste Land is transferred to the Tourist

Department free of cost under administrative order No. 3. The

tourism Department has laid down a policy of transferring these

lands to the Gujarat Tourism Corporation under its GR Dt. 1-7-78

and accordingly land is transferred to it as treating share

contribution of the government as land price. Thus, for land

transferred to the Gujarat Tourism Corporation, entries to that

effect are not made in the government records.

2. As per the current Tourism Policy government waste land

is granted to the Boards/Corporations by charging present market

value. However, for speedy implementation of Tourism policy of

the government of Gujarat, it has been decided by the government

that the land under Gujarat Tourism Corporation which has been
 536

transferred to the Tourism Department under Administrative order

No. 3 of Revenue Rules previously. They are transferred to the

corporation by treating equal price of land as share contribution to

the corporation.

3. Thus, the value of such lands to be transferred to the

Gujarat Tourism Corporation shall be assessed by the Deputy

Town Planner and the market value arrived at shall be treated as

share contribution of the government and the land in question

shall be transferred to Corporation and a note to that effect should

be made in government record. Necessary mutation entries should

be made in record of rights accordingly and tourism Department

informed accordingly.

24. Grant of land for fruit juice parlours.

A scheme is designed by G.R. Agriculture Co-operation and

Rural Development Department Dt. 28-10-95 to extend assistance

to unemployed youths for setting up of fruit juice parlours.

Accordingly, Gujarat Agro-Industries Corporation shall allot fruit

juice parlours by setting them at places frequented by people in

various cities of the state. When land is demanded by Gujarat

Agro. Industries Corporation for this purpose it shall be leased out

to it on the following terms and conditions:

 537

Terms and Conditions :

3. Rent of land shall be recovered at the annual rate of 15% of

full market rate. Market value of the land shall be got

assessed by Deputy Town Planner and 20 times assessment

of non-agricultural land shall be added and arrived value

shall be market value and on it, 15 percent rent shall be

recovered.

4. The lease shall be for seven years in first instance and after

seven years it shall be renewed. If not renewed, the land

shall be surrendered.

5. The land shall be used for the purpose for which it is

granted.

6. The leased land shall at no time shall be mortgaged, gifted,

sold or transferred in any way without the permission of the

collector.

7. The land granted shall not be transferred to any foreign

person domiciled or settled in India without permission of

the government.

8. An undertaking in a prescribed form shall be given and the

terms and conditions laid down in it shall be complied

(Undertaking is given in Gujarat Land Revenue Rules)

 538

Violation of any of the terms and conditions shall lead to

termination of the lease. Any infringement of above terms

and conditions or undertaking shall resulting surrendering

of land without any compensation.

9. The land shall be rented to the Gujarat Agro Industries and

the Corporation shall be responsible for timely payment of

rent to the government.

(2) The Collectors are conferred with powers to lease out the

land when demanded by Gujarat Agro. Industries Corporation.

The Collectors shall send copies of order to the government.

(3) Where the beneficiary is unable to pay the annual rent

individually as it being high, it is permitted to recover rent in 12

equal monthly instalments instead of yearly interest as per rules.

If representation is made by individual beneficiary to the Gujarat

Agro. Industries Corporation Ltd. action as above shall be taken.

25. Assessment of value of land while approving non-agricultural

land when govt./ govt. interest is involved.

The district level committee consisting of the following

members shall assess value of land in which government/

government interest is involved :

 539

Committee

(1) District Collector - Chairman

(2) D.D.O. - Member

(3) Concerned Dy Town planner - Member

Town planning and valuation Dept.

(4) Resident Dy. Collector - Member Sec.

2. After assessment of government land of any district by the

said committee, when the matter is to be decided by the
Government for the assessment made by the District
Committee is Rs. 50 lakh or more, the matter shall be
referred for opinion of Chief Town Planner of Town
Planning and valuation Department. Further, for deciding
the matter on opinion of the Chief Town planner of the
state, it is decided to formulate a high level committee
consisting of the following secretary/ Additional Chief
Secretary/ Principal Secretary.

Committee

1. Secretary/Additional Chief Secretary/ Principal

Secretary, Revenue Department.

2. Secretary/Additional Chief Secretary/ Principal

Secretary, Urban Development urban Housing
Department.

3. Secretary/Additional Chief Secretary/ Principal

Secretary, Finance Department.

3. The Collector shall Send opinion of above district level

committee for value of land to the government along

 540

with proposal or approval for land and above action

shall be taken for proposal sent for approval under their

power.

4. Action as to obtain opinion of Chief Town Planner on

proposals sent for approval of the Government and to

obtain decision of Committee of secretary on opinion of

Chief Town Planner shall be made by (Revenue

Department).

5. This resolution shall take effect from 15-1-98.

6. Meeting of valuation Committee of the district level

shall be convened at least once every month.

7. The said committee shall prescribe assessment of land

when fixing amount of premium at the time of transfer,

change of purpose, change of condition of all land

involving interest of the government.

8. While deciding valuation of land by the District

Valuation Committee, Valuation made by the Town

Planner has to be considered. Special factors if found

proper after discussion and if left out by the Town

planner shall be considered after increasing/ decreasing

it. For making this, detailed note with reasons of it shall

be made for agenda. A statement prepared by Town

 541

Planner along with agenda of District Valuation

Committee shall be enclosed compulsorily.

9. While valuing land by District Valuation Committee

and state level valuation committee, they shall be guided

by ready reckner prices.

26. Leasing out of token rent the land of Government/ Panchayat

to the Gujarat State Road Transport Corporation and

sanctioning of commercial use of land.

1. The State Government has decided in principle that when

the Gujarat State Road Transport Corporation asks for land

from government/ Panchayat for setting up of bus stand, it

should be given on lease of 99 years for a token rent of Rs.

1/-.

2. When the Gujarat State Road Transport Corporation uses

this land for commercial purpose, the income derived from

it shall be used for making up of loss it has incurred.

3. The Gujarat State Road Transport Corporation shall submit

its demand for grant of land before the Collector who shall

submit the proposal to the government for consent after

verification of site position with records. Every proposal

shall be decided on merit basis.

 542

4. Maximum 10 percent land of total land allotted on lease to

Gujarat State Road Transport Corporation shall be used for

commercial purpose.

5. It can be used for ancilliary facilities of passengers for

commercial purpose.

6. Land is leased out to the corporation so the corporation

does not have any ownership rights on land. So the land can

be given on sub lease contract basis for commercial

purpose. It cannot be disposed on permanent basis.

27. Disposal of Government waste land Exemption from

“Narmada ban”.

In order to make available land immediately for

rehabilitation of displaced persons of Narmada Yojana, a

complete ban has been imposed on disposal of government waste

land situated in Surat, Bharuch, Panchmahals and Vadodara

Districts and a ban is also imposed on disposal of government

land concentrated in 50 acres or more area of other districts of the

state. A ban is also imposed on disposal of Shir waste land of

Dharampur Taluka of Valsad district. Due to the above

restrictions, process of allotment of land for industrial, social,

educational and other development activities was delayed. So now

for relaxing the above restrictions it has been decided that no

 543

exception from the ban shall be obtained from Narmada and

Water Resources Department in cases fulfilling the following

terms and conditions while allotting government waste land:

(1) The land in question should not fall in command area of Sardar

Sarovar Yojana or other proposed or existing irrigation

scheme.

(2) The land in question shall not be concentrated in 100 acre area or

part of one big block or a part of 100 acre of a block adjoining

each other.

(3) The land in question should not be required for Sardar Sarovar

Dam or distributaries of Sardar Sarovar Narmada Nigam Ltd.

2. While sending proposal to the government for allotment of

land or for allotting of government land, the concerned District

collectors should ensure that whether ban exemption is required

under the said provisions, and if required, he should clearly

mention, exemption from ban with the proposal.

3. This order shall take effect from 4-7-98.

28. Scheme of giving plot as gift to cricketers of International

levels of Gujarat State.

 544

Looking to the contribution made in field of cricket by the

cricketers of the state at national and international levels, it has

been decided to allot land/ plots for residential purpose subject to

the following terms and conditions:

(A) The concerned cricketer should a domicile of Gujarat.

(B) The concerned player should have played at least for five

seasons at national and international levels or he should

have participated in five events. For this, it is not necessary

that he should have played in continuous five seasons.

(C) He should produce a certificate from Indian Cricket Control

Board.

(D) The cricketer who demands land for residence, the village/

city mentioned by him shall have open government land.

(E) This player shall be eligible to maximum of 500 s.m.

plot/land only for residential purpose and it should be in

residential area.

(F) This land/plot for residence shall be given a new and

impartible tenure and it shall not be disposed by way of

Sale, mortgage, transfer, lease or any other way.

 545

(G) The concerned cricketer shall apply to respective collector

subject to the provisions of this G.R. in which he should

mention detail of land required. The Collector shall prepare

a proposal as per rules and send it to the Secretary, Sports,

Youth and Cultural Activities, Department. The sports,

youth and cultural activities Department shall send this

proposal to the Revenue Department with necessary

recommendation. Revenue Department shall send the

proposal to the concerned collector and secretary, sports,

youths and cultural activities Department to the

government for approval of allotment of land with

recommendation of the Department.

29. To lease out government land for Pinjarapol/ Gaushala in

scarcity affected area.

It has been decided to lease out 2 acres of government

waste land in first instance at token rent of Rs. 1/- for three years

to institutions that wish to run Pinjarapol/Gaushala in scarcity

affected areas.

2. If the institutions which receive land run the Pinjarapole/

Gaushala properly, the lease can be extended after

completion of the above three year period.

 546

3. If the institution which has been allotted Pinjarapole/

Gaushala fails to use for the purpose in prescribed time

limit or it is used for other purpose, the land shall be taken

back without any compensation and in these circumstances

no compensation shall be given for any construction made

on it.

4. Under the G.R. only registered trust/institutions shall be

entitled to get the land.

5. This G.R. stall take effect from 25-5-2001.

30. To grant permanently government land leased out for non

agricultural purpose at old tenure and to convert in old

tenure the land granted on new tenure for non-agricultural

purpose.

1(A) After careful consideration, it has been decided to grant

permanently government land lease a out for non-agricultural

purpose previously on new tenure subject to the following terms

and conditions:

1. To grant permanently on old tenure the land leased out for

non-agricultural purpose by charging 100% of prevalent

market price.
 547

2. The land leased out for tree plantation and farming on

Israel method shall not be granted permanently under these

provisions.

3. If the land holder is possessing the land for 15 years or

more permanently, the land can be allotted permanently.

4. Under the provisions, maximum five acres of land can be

granted permanently on old tenure.

5. Total less than five acres of land shall be granted to lease

holder for non-agricultural purpose permanently on old

tenure as above.

6. If the total area of land leased out for non-agricultural

purpose is more than five acres and the holder of land has

invested for its development such land or demands are

made for permanent grant of land on old tenure based on

merit, the government will consider these things. On

additional land, the if holder has not made any investment

and the land is open, the land shall be taken back by the

government.

7. If the land holder of non-agricultural land of area more than

five acres after completion of 15 years returns except in

above Sr. No. (6) the additional of five acres of land, he

 548

shall be granted five acres of land permanently on old

tenure.

(B) After careful consideration, it has been decided to convert

the land granted for non-agricultural purpose on new tenure

to old tenure as per the following provisions :

(1) The land granted on new tenure for residential

purpose shall be converted in old tenure by changing 75%

premium amount of difference of prevalent market price

and possession price.

(2) It shall be converted in old tenure by charging 100%

premium amount of difference of prevalent market value

and possession price for non-agricultural purpose except

residential purpose.

(3) If the applicant is in legal possession of land for 15

years or more than land shall be converted in old tenure as

above.

(C) The above mentioned land converted in old tenure shall

apply other prevalent rules such as Ribbon Development

Rules, zoning, rules of local authorities/ town planning for

construction.
 549

2. The proposal as per rules as above shall b submitted

to the Government for approval by the collectors.

3. This order shall take effect from8-8-2001.

31. Transfer of government waste land for solving the problem of

residence of police personnel of the state.

When Police Department requires land for construction of police

staff quarters or for other purpose, it has been decided to follow

the following procedure for transfer of land:

(1) Police Commissioner of respective city at city level shall

prepare a proposal and submit it to the collector.

(2) Except for above (1) areas, Head of Department declared

by Home Department shall prepare a proposal and submit it to the

collector through superintendent of police of respective district.

(3) After approval of the proposal, possession of the land shall

be handed over to the Police Commissioner of the concerned city

or Police Superintendent of the respective district by the collector

by his designation.

(4) Under Administration order No. 3 of chapter-2 of the

Gujarat Land Revenue Rules, 1972, the collectors shall have to

transfer the land. However if the cases do not fall in jurisdiction

 550

of the district collector. The proposal shall be sent to the

government for decision.

32. Transfer of the government to land the court :

As per subject allotted to the Legal Department in Part-II of

the first schedule under Rule No. 4 of the Business Rules of the

Government of Gujarat. Court Building/ land has been vested in

the government for purpose of the state. For construction of court

building government land has to be transferred to the Legal

Department. Hence when demand is made for grant of

government land for construction of court building it is hereby

informed to all the collectors that necessary action should be

taken for transferring government land to legal Department under

Administrative order No. 3 of Gujarat Land Revenue Rules 1972.

33. Grant of Government waste land to educated handicapped

persons/ blind for STD/PCO booth at concessional rate :

Government has decided to allot government waste land to

educated unemployed blind/handicapped persons for STD/PCO

Telephone booth at concessional rate subject to the following

terms and conditions :

(1) Those educated unemployed handicapped/blind persons

who have been sanctioned STD/PCO Telephone by

 551

Telephone Department under plan shall be eligible to

concessional land.

(2) Land shall be given on lease and the beneficiary shall pay

rent as per the standing orders of the government issued

from time to time.

(3) For quantum of land for STD/PCO telephone booth, a

certificate to this effect from telephone Department shall

have to be produced.

(4) The power to allot land on lease shall vest in the concerned

collector.

(5) The land allotted shall be used for the purpose for which it

is allotted else violation of the term shall result in forfeiture

of land to the government.

34. Disposal of land under other departments of the government.

As per the section 37 of the land Revenue code, any land

which does not belong to any person or persons legally, all such

land is administered by collector under government orders. As per

the provision of land Revenue code under circular R.D. No. LND-

3963-15807-A dated 20-11-63 it is specifically directed that no

department except Revenue Department shall dispose of any

lands under it temporarily or other wise. If it is does so it is not

 552

fair and legal. If any department does not want to hold any land

temporary or permanently, they should hand over these land to the

Revenue Department. The collectors are empowereds to dispose

of these land for pubic purpose and as per requirement of other

Department permanently as per rule and policy in force. Hence all

the departments of government and all the district collectors shall

have to consult revenue department in view of above legal

position for disposal of land under other department.

35. Allotment of government land for agricultural or non-

agricultural purpose in joint name of husband and wife.

When demand is made for grant of government land for

agricultural or non-agricultural purpose by any person and it is

sanctioned, it shall be granted in joint name of husband and wife

and the Sanad shall be prepared in joint names. However, if the

land is demanded by woman applicant for agricultural or non-

agricultural purpose and if the land is granted, it shall be granted

only in the name of the concerned woman individually and Sanad

shall be prepared accordingly.

36. Securing/mortgaging government land/plot granted on new

tenure for non-agricultural purpose.

 553

Before securing/mortgaging government land granted on

new tenure for non-agricultural purpose to approved financial

institutions/nationalized banks or co-operative banks for loan

purpose, prior permission of the collectors shall have to be

obtained. For mortgaging land to other institutions then the above

institutions, permission from government shall have to be

obtained.

The collectors should bring this provision to the notice of

approved financial institutions/nationalized banks and co-

operative banks.

37. Inclusion of condition of permission of non-agricultural

purpose for grant of land for non-agricultural purpose the

land falling in agricultural zone.

When land of urban areas and rural areas is granted for

“non agricultural purpose”, the applicant unit/owner has to obtain

permission for non-agricultural purpose of land “This condition is

to be included in order for grant of land. For case of and falling in

non-agricultural zone need not be included this condition.

It is hereby instructed that the condition as above should be

included in grant of land here in after cases. It has been decided

by the government that this condition is imposed for recovery of

 554

conversion tax under section 67(A) of Land Revenue Code while

granting land when recoverable and timely recovery of standard

non-agricultural assessment and accordingly necessary instruction

have been issued as above. Hence when land is granted for non

agricultural purpose, it is necessary to impose above conditions.

When any land is granted not only for agricultural zone but

also land of any zone is granted for non-agricultural purpose

above condition should be invariably included in it. This

instruction has been issued to all the collectors.

38. Work of watershed development in government waste land

and gauchar land.

The collector has to carryout work of grant of required

permission for water shed development under GR RD No. JMN-

3994-2548-G Dt. 5-8-95. For speedy implementation of the

scheme, he has to take immediate steps for its permission and

expeditious disposal of it. When informed about project

implementation under water shed development by PIA agency

immediate action should be taken for grant of possession of land

of government and Gauchar land under GR Dt. 5-8-95 and the

assets raised on it and immediate sanction for preservation of it to

the association.
 555

39. Disposal of government waste land through public auction.

Government waste land, villager site or Gauchar land

generally should not b granted permanently or on lease on

commercial purpose and if such land is to be granted, in no

circumstances it should be granted without auction and in six

meters means within 10 Km. radius of the limit of Corporation

and for remaining cities, in radius of 5 km. radius of municipality

areas, villages and government waste land and Gauchar land in

areas of Corporation and Municipalities should be identified and

considering development of concerned cities and Urban

Development Schemes and after reserving for future use of

various departments of the government and for open community

use, the remaining land can be disposed of through public auction.

Hence, the land situated in cities which can be used for

commercial purpose should be identified and put to auction

immediately and for this upset price should be got fixed by the

Town Planning Department and thereafter sold through public

auction so that it can fetch higher prices. As the land is sold

through auction, the condition of new and unalienable impartiable

tenure of GR RD No. 1970/45 Dt. 17-10-47 does not apply and

the land can be granted at uncontrolled tenure means at old

 556

tenure. The collectors should make a list of such land and get

fixed upset price by Town Planning Department and put to

auction at early date and detail of auction, name of highest bidder,

persons participating in auction, detail of advertisement of

auction, area of land, map showing situation etc. order of grant of

land should be placed before government for approval and after

obtaining prior sanction of the government order of approval and

handing over of possession should be undertaken.

40. Auction of land of new tenure :

Under G.R. R.D. No. 1790/45 Dt. 7-10-47 and No.LND-

3850-75117-B Dt. 7-8-56 when land granted on new tenure at

exprice without auction, are mortgaged to financial institutions

and the cases in which institutions have to put to auction these

lands, all the collectors should ensure that the government gets

premium as per rules. When the collector grants permission for

mortgaging the land the order should clearly mention that the land

of new tenure can not be auctioned without sanction of the

government.

Moreover, when the land is mortgaged to the financial

institutions on new tenure an order should clearly mention that the

responsible person of the respective financial institution shall

 557

furnish an undertaking for payment of premium to the

government as per rules.

41. Disposal of government land through public auction received

through illegal encroachment.

Before disposal of the land becoming clear due to state

wide campaign of removal of illegal encroachments by the

Government the concerned authority of the land should ensure

that the land does not belong to roads, it is not blocking, and it is

not of tank.

The said available cleared land shall be videographed and it

should be ensured that it is not encroached once again. For this

purpose, a responsible officer/employee entrusted this work for its

maintenance. Concerned officer should verify that no litigation is

launched in local court or Hon‟ble High Court for the said open

land. Moreover, before disposal of this land, verdict/direction of

Hon‟ble High Court should be specially lookd into.

After action under Sr. No. 1 to 3 above, following action

should be taken.

(1) Fixing price:

For disposal of cleared land as above, it shall b reserved

separately for government village site for the following aims :

 558

(1) For governments own use.

(2) For use of village Panchayat, Nagar Panchayat.

(3) For use of public enterprises.

(4) For public purpose.

(5) After reserving the land for above purpose, the remaining land
shall be disposed through auction except government and
Gauchar lands.

(2) Disposal through auction.

For the disposal of the said land, public auction as under

shall be adopted:

1. Committee.

A committee under chairmanship of the respective collector

shall be formed. Its members shall be DDO and resident

Deputy Collector which shall complete entire procedure.

2. Price.

The Collector / D.D.O. shall get fixed price of said land.

Based on this price upset price shall be fixed by the above

committee as above (1).

3. Auction :

The auction of the said land shall be carried out by resident

Deputy Collector, Deputy D.D.O.

 559

4. Other procedure :

All the remaining process shall be carried out as per

provision indicated in Land Revenue Code 1879.

5. Other precaution :

Before disposal of the said available land it shall be ensured

that Ribbon Development Act and Town Planning Act ar

complied with.

The authority shall complete all the above procedure

in six months and detailed report of receipt from it shall be

submitted to the government in 15 days.

42. Exhibition of advertisement on rocks, hills and mountains :

As per the instructions of Forest and environment

Department and direction of Hon‟ble Supreme Court the

Collectors/D.D.Os are hereby instructed that necessary action for

immediate removal of advertisement affecting environment of

mountains, hills, rocks and national highways and state highways

of the state should be taken.

43. Renewal of lease of government land leased out for non-

agricultural (commercial, residential and industrial) purposes

and fixing of rent from time to time.

Under G.R. R.D. Dt. 21-1082, the policy of recovery of 15

percent full market value of rent actually for the government land
 560

leased out, is in existence. However there is no clarity for fixing

rent from time to time in the policy and no action is being taken

for renewal of lease under provision of Land Revenue Rules. This

thing has come to the notice of the government. Thus the matter

of renewal of lease and fixing of rent from time to time was under

consideration of the government. After careful consideration the

following instructions are issued :

1. Under note No.106 of rule-39 of Land Revenue Rules 1972

for renewal of lease, the collector shall serve a notice to the

lease holder before six month of completing the period of

lease whether he thinks of any action for the land leased

out.

2. The collector has to decide that as per the date of register

for expiry of lease, in all cases whether the lease is

renewed/ it is renewable.

3. A notice should be served to the lease holder before six

month of expiry of the lease except during this period, the

lease holder has applied for renewal of lease.

4. The lease holder on completion of the said period, shall

handover the possession of the said land in as it was

condition and without any objection except the lease is

renewed for further period.

 561

5. The lease holder shall deposit annual rent and other taxes in

advance. After prescribed date of 90 days 12 percent

interest on it shall be recovered. If the applicant fails to

deposit rent with interest in 24 months, the lease shall be

forfeited to the government.

6. The rent for government land leased out for non-

agricultural purpose at 15 percent annual rate of full market

value shall be recovered.

(1) Market value of land on 1st August of revenue year in which

lease starts for revenue year shall be got fixed by the District

Valuation Committee and accordingly full market value of

land in question should be fixed and thereafter annual rent as

per G.R. R.D. Dt. 21-10-1982 shall be fixed.

(2) Pro rate rent for first year starting from lease on the month of

1st day to 31 July should be recovered and thereafter recovery

of annual rent should be done as per revenue year.

(3) As detailed above, after each five year on 6th revenue year on

1st August rent should be recovered.

(8) This G.R. shall take effect from 5-4-2003.

1. Government waste land for salt production :

(1) Under Coordinate G.R. R.D. No. MTHJ/597/1372-K Dt.

10-10-2000 a policy has been formulated for grant of government

 562

waste land for production of salt. Accordingly on receipt of

application of applicants a proposal should be prepared. For

fixing rent of this land the GR Dt. 12-4-2001 along with the G.R.

should also be in considered.

(2) It has decided to recover Rs. 150 annually for per hactar

rent of government waste land granted for production of Browne

like land of salt under GR R.D. No. MTHJ-2399-2267-K Dt. 30-

5-2000.

2. Grant of land for Industrial purpose under Vibrant Gujarat

Programme.

Under Circular R.D. No. HNJ-102001-VG- 2007-A1 Dt.

15-8-2007 following instructions have been issued for

consideration.

(A) The Collectors shall provide necessary information to unit

of selecting land or other government land identified by

land bank.

(B) As per the Appendix enclosed here with the applicant unit

shall provide documents and the district collectors verify

the proposal in time limit as per the government policy.

(C) The time for preparation of proposal at district level shall

be 45 days from receipt of the application.

 563

(D) If the applicant unit has not enclosed necessary documents

with application the Collector/Mamalatdar shall return the

application with note showing deficient documents and a

copy of this shall be sent to Industries and Mines and

Revenue Department if unit applies again to with deficient

documents the application shall be treated as new.

(E) If for any reason there is delay in allotment of land due to

any question or policy, the applicant unit shall be informed

accordingly.

(F) Written instructions shall be given to the all Mamlatdars

and Prant officers by the collector for strict compliance of

these instructions.

Selection of land

(1) First preference-land of land Bank.

(2) Other government land.

(3) When the above land is not available Gauchar land can be

demanded.

(4) No land of tank or water bodies will be allotted.

Application to concerned collector by Industrial enterprise

and enclosure.

(5) Application in prescribed form

(6) Copy of M.O.U.

 564

(7) Certified copy of extract of village Form No. 7/12 for land

demanded.

(8) Opinion of District Industry Officer/ Industry

Commissioner/ concerned competent authority.

(9) Zoning Certificate

(10) Under taking for payment of market value

(11) GR of village Panchayat in case of Gauchar land.

Points to be verified for proposal

(12) Demand for earmarked land, reserved and encroached land

shall be rejected.

(13) Map of abuttals showing site situation of inquiry conducted

for site by circle officer.

(14) Valuation by District Valuation committee (with

assessment sheet, minute of meeting, report of D.T.P.)

(15) Price of trees for land demanded.

(16) Consent of removal of electrical poles and consent of

bearing cost of their removal.

(17) Certificate of G.M.B. for land demanded in Port area land.

(18) Opinion of collector if used except for zone.

(19) Consent of unit for payment of 30 percent market value

besides market value in case of Gauchar land.

 565

(20) Verification whether user‟s right in land demand is granted

(for e.g. gas pipe line, water pipe line etc.)

(21) After verification of all these points a standard proposal

shall be sent in person.

(22) After verification of all these points, clear opinion of

collector for allotment of land.

3. Imposing conditions of construction for allotment of

government land for special economic zone, I.T. Park

purposes.

Under G.R. R.D. No. JMN-3901-2621-A-1 Dt. 27-2-208

following instructions are issued which should be observed.

 Purpose of Sez excapt I.T.

The developer of Special Economic Zone shall start

construction in six months from date of notification and complete

it in three years from date of notification. If this is not done, the

land on which construction has been started shall be taken over

by the government and it shall be resumed.

(2) Purpose of I.T. Park

The developer of I.T. Park shall complete construction of at

least the million sq. feet in three years from taking over the

possession of land Additional each million sq. feet. construction

shall b completed in next two years.

 566

After review of construction carried out by I.T. developer

at five years, decision of extension shall be taken.

(3) Purpose of I.T. Special economic zone.

Developer of I.T. Special Economic Zone shall complete

construction of at last one million sq. feet in three years from date

of notification. Additional each million sq. feet construction shall

be completed in next 2 years. After review of construction carried

out by I.T. developer at five years decision of extension shall be

taken.

All the collectors are directed that detailed order of

allotment of land consistent with land allotment for concerned

purpose and respective condition as above must be included in

the Sanad.

4. Important Points to be remembered for government land.

(1) Narmada ban exemption : Under GR RD No. JMN-

392004/ 3264 A Dt. 25-1-2005, it has been decided to dispense

with ban on disposal of government land and method of no

objection certificate.

(2) Land to government departments : Under ordinance 3 of

Land Revenue Rules 1972 land is transferred to the government

departments, it should be ensured that these departments should

use land for the purpose for which it has been transferred and
 567

they can not dispose of it as per their wish. Latest detail of grant

of land to which government department has been made should

be prepared by Mamlatdar.

(3) Restrictions on land granted for agricultural purpose.

Government land granted for agricultural purpose, shall be

of new tenure and it shall be regulated by restrictions of section

68 and 73 of Land Revenue code. So the record of land granted

for agricultural purpose should invariably mention new and

imparible tenure. In view of provision of GR R.D. no.1970-45 Dt.

17-10-47 the sanad of land granted for agricultural purpose should

mention new tenure land it cannot be used without prior sanction

of collector except for the purpose it is granted.

(4) Restrictions on land granted for non-agricultural

purpose.

For land granted for various purposes of non-agriculture,

looking to provisions of above GR the Sanad granted for non-

agricultural purpose must mention that it can not to be used

without prior sanction of collector except for the purpose it is

granted. Thus for use of land granted for non-agricultural purpose

restrictions imposed should be observed.

(5) Restrictions on land granted for Industrial and

Commercial purpose.
 568

Conditions other then G.R. R.D. No. LND-3956-75117-B

Dt. 7-8-56 should contain the order and it should be ensured that

they are complied.

(6) Disposal of government kotar lands :

As per GR, R.D. No.JMN-3952-52055-G Dt. 20-6-83

instructions have been issued for disposal of government Kotar

land for agriculture on permanent basis and for other purposes.

Proposals for such land shall be prepared as per priority and terms

and conditions set out in it.

(7) Policy of making government waste land useful for

agriculture by adoption of modern technology.

The policy of his GR has been decided with the aim of

making government waste land useful by adopting modern

technology under GR RD Dt. 17-5-2005, to encourage big

industries and farmers to make the land agriculture worthy and

encourage horticulture and other use, and raise employment

opportunities for agricultural labourers and skilled workers.

Under this GR it has been decided to grant land on lease to big

industries and individual competent farmers for which the

applicants have to submit projects. For verification of the project,

a committee under chairmanship of the collector has been

constituted and at government level, a committee has been farmed

 569

form making recommendation of the project under chairmanship

of the Minister for revenue. It has been decided that government

waste land of 500 acres or more area can be allotted under GR RD

No.JMN-3903. 453-A (Part-I) Dt. 1-9-05 for the talukas under

districts shown in the Appendix of this GR, the collectors can

approve proposal of land projects.

(8) Wind farm Projects :

A policy of leasing out government land for wind farms has

been decided, under GR RD No. JMN-3903-UOR-29-A Dt. 11-6-

04. This Resolution has been amended by GR Dt.2-12-2004.

which provides for extending the period of lease, rate of rent and

advance possession.
 570

Chapter -25

Grant of uncultivable government waste land for cultivation of fruit

and other trees and for cotton and other crops.

Granting for plantation of fruit trees and other trees.

It was provided frequently under circulars GRs of RD for demand

of land for raising fruit trees and other trees and disposal of Kotar land.

In supersession of the provisions of all these Circulars, Resolutions, it

has been decided under GR RD No. JMN-392003/454/(2)A Dt.11-6-

2003 to dispose of the demands as under when they are made for such

land.

1. To which land applicable:

This resolution shall apply to government waste land.

Government fallow land, Sandy, salty waste land and ravine and

Kotar land which has not been cultivated. However under GRRD

Dt. 1-3-60 and consolidated GR of 24-4-81, the land which has

been put to final list for cultivation shall be excluded from the

scope of this GR. Similarly the land which has been vested in to

the Gram Panchayats for Gauchar land this GR shall not apply.

Moreover, as per GR Dt.1-3-69 as mentioned above, except land

mentioned in final list, the land remaining waste shall be disposed

of under this GR.

 571

2. Priority :

The priority for grant of land under this GR shall be as

under :

(1) Gujarat Gram Vikas Nigam

(2) Village level Co-operative Societies consisting of tree

growers, persons of S.T./ S.C./ land less agricultural laborers

marginal/ small farmers/ Baxi Panchmembers and registered and

under co-operative societies Act.

Explanation :

(A) All the members of such society should belong to above

category.

(B) For purpose of this GR meaning of “Marginal and small

farmers” shall be those eligible under IR DP.

(3) Individual claimants :

For individual claimants, priority shall be as under :

a. Agricultural labourers

b. Land less labourers

c. Marginal farmers

d. Small farmers

e. Voluntary agencies working for the benefit of and for

co-operation thereof.
 572

Explanation -2 : As mentioned in above explasnation-1, for

disposal of individual demands of Sr.No.1 to 4, first priority shall

be to claimants of S.T, S.C. and Baxi Panchmembers.

(4) (1) Besides government undertakings, joint undertaking

of government in which government has substantial share.

(2) Registered public trust.

3. To what base and to what maximum extent it can be granted.

(1) Under this GR the land can not be disposed on permanent

basis but the claimants are to be granted land of 15 years

lease.

(2) As mentioned in priority in 2(1) of GR of availability of

land, Gram Vikas Nigam can be granted maximum of 80

hectares. For co-operative societies mentioned in 2(2), and

voluntary agencies mentioned in priority of 3(2)(5) land

can be granted maximum of 2hectares per member.

However, in no case the land to be granted to any society or

voluntary agency maximum land shall not exceed 80

hectares per individual. However, in Tribal areas where

land less than one hectare is available, the tribals can be

granted land about half a hectare as per availability of land

also.
 573

(3) In case of individual demands as mentioned in priority of

GR, maximum of one hectare and maximum of 2 hectares

of land can be granted.

(4) Under this GR, for grant of land or lease to co-operative

societies the collector has to grant permission under

Agricultural Land Ceiling Act.

(5) In individual case of demand, while allotting land acreage

standard is not be applied to marginal and small farmers.

4. Terms and conditions of lease :

(1) Land shall be granted on 15 year‟s lease as per priority

shown in para-3.

(2) After grant of lease and after handing over lease of first

year no rent shall be charged. Thereafter for seven years,

rent at half the rate for agriculture in which area the land is

situated shall be recovered. After completion of 15 years

lease, if the lease is to be renewed for further period, for

each year after 15 years, full rent of agricultural rate of the

respective area shall be recovered.

(3) Under the scheme, the lease holder of land shall grow and

raise at least 1000 (one thousand) fruit trees, fuel, timber or

any type of trees. However in view of trees to be grown one

thousand per hectare is not found possible the number of

 574

trees can be reduced suitably by the collector in

consultation of Forest and Environment Department.

(4) If the land is remaining open after raising at least one

thousand trees per hectare as shown in above (3) of the land

leased, such open space shall be used for growing grains or

grass.

(5) No right of ownership on land leased shall be created.

However, the lease holder shall have right on trees, grass,

leaves on land leased.

(6) The passages passing through the land leased out and ways

of other persons for passage in to the field shall be kept

open and if there is any need to make any barricade to

protect grown trees by the lease holder it shall be subject to

right of such existing ways.

(7) If for any public interest or for any requirement the

competent officer thinks that the trees raised on such leased

land are to be removed he has sole right to do so. However

in such case all the produce from removed trees will be

handed over to him but if the lease holder has incurred

substantial expenditure for land improvement and for

plantation of trees, the amount as fixed by collector found

first by him can b granted to him as compensation.

 575

(8) The land granted on lease by this resolution shall be

developed fully in maximum of three years from the date of

handing over the possession. However if the competent

authority is satisfied that during the period of these 3 years

the land could not b developed due to fair and just reasons

he can extend the period for maximum of two years.

During this extended period if the lease holder fails to

develop land on expiry of extended period the competent

authority shall cancel the lease without any compensation.

(9) After completion of 15 years of lease whether it is to be

extended or not and if it is to b extended then for what

period, the decision as to this shall rest with discretion of

the collector.

(10) If the lease holder of the case dies during currency of the

lease the lease can be continued for remaining period by his

legal heir but except that it can not be transferred to other

persons.

Explanation : For transfer it should be clarified that the

lease holder can borrow money from government approved

legal financial agencies or from nationalized banks for

better use of land and for that purpose, rights of respective

financial institution can rise for recovery of loan.

 576

(11) If any of the terms and conditions of above lease is violated

or it is used for other purpose than granted the collector

shall cancel immediately without any compensation for

violation of the conditions.

(12) For trees allotted to government industrial undertakings and

joint industrial undertakings and when the programme of

tree planting is to be carried out only local labourers can be

engaged for their employment, so that maximum benefit

desired from there programmes would reach poor of the

local areas.

5. General :

(1) In order to carryout the purpose of national programme of

development of waste land and to decide grant of land

under the GR where the prant officer is competent and

where superior officers are competent there shall be a

committee at prant level for recommending case as under.

1. Prant Officer

2. Director, Gram Vikas Agency

3. Concerned Taluka Mamlatdar

4. Social Welfare Officer (State)

5. District Agri. officer.

6. Woman member of concerned Taluka Panchayat.

 577

(2) A detailed test of land available for disposal on Taluka

shall be with these committee and when demands are made

to the Taluka for land, they will be put before this

committee. The committee shall dispose demands put up

before it as per priority and recommend them.

6. Delegation of power :

Rights of grant of land shall be as under (on receipt of

recommendation of the committee).

(1) Land can be granted at the level of Prant Officer to

cooperative society, Cooperative union and registered

public trust.

(2) In case of Individual demands, recommendations of

committee shall be put up before collector and he will

verify and make orders.

(3) Public and joint Industrial Undertaking having substantial

interest of government and demand of voluntary agencies

working for benefit of local people and with their co-

operation shall be submitted to the government at level of

collector with recommendation of the committee and when

demands are made, Secretaries of R.D., Rural

Development Department. Social Welfare Department and

Tribal Development shall verify proposal of the committee

 578

and recommend to the government and under this,

recommendations shall be made by the government for

grant of land on lease to such undertakings.

(4) For demand made by rural development agencies as it

being government agency, decision of grant of land on

lease shall be taken by the collector.

7. Financial assistance by lead bank :

In order to make available financial assistance as loan to

beneficiary person/institution of this scheme and to contact lead

bank to it for financial assistance urgently as per rules when an

order is made for allotment of land to any institution/agency as

per GR Dt. 1-1-87 by revenue officer of the district, a copy of the

same is to be sent to lead bank of district and Deputy Manager,

National Agri. & Rural Devel. Bank Nanalal Chambers, IInd

floor, Ashram road, P.Box No. 8, Ahmedabad. 380009.

8. For implementation of the scheme following actions shall be

taken:

A. Under this GR the land to be allotted is to be identified as

uncultivable and a certificate of District Agri. Officer

(Appendix – A) that the land is uncultivable but trees can

be planted on it can be issued in his presence after

verification. It can be enclosed with proposal.

 579

B. Allotment can be made after considering following without

change in priority of GR para 2 of the GR.

(1) Allotment of land identified as uncultivable under

the scheme shall be made every two months of February,

April, June etc. and if it is not done during this time for any

reason, when done in later period shall be covered. No

allotment of land then the prescribed month shall be done.

(2) 50 percent from total land identified for allotment

shall be kept for S.T. S.C. persons.

(3) If the land to be allotted to S.C. S.T. persons

individually and members of tree planting cooperative and

beneficiary of voluntary agencies is more than 80 per cent

the area of land to be allotted to them shall be considered in

50 percent allotable as per sub para (2) above.

(4) 30 percent of total land to be allotted shall be for

women deserted by their husbands shall be given priority.

(5) If there are women members in co-operative society

for 30 per cent land to be allotted to women and women

beneficiary of voluntary agencies 30 per cent shall be

covered as shown in sub-para-4 of area for consideration of

part of woman members/beneficiary out of total land of

society/ institution.
 580

(6) As per para-2 of this GR allotment of land as per

percentage of area as shown in priority shall be made.

(2) Grant for plantation of cotton and other crops :

1. Type of land :

Under this scheme, the land which is uncultivated

and waste in which government waste, sandy, salty waste

land and which is not reclaimed, ravine and kotar land shall

be allotted. However, the land which is cultivable waste

land and acquired by Gram Panchayats Gauchar land shall

not be allotted. The land which is uncultivable but falling in

areas of 20 km. radious of six metres having urban Muni.

Corpo. Non agricultural land for use of residence on

industries, business potential shall be excluded.

2. To whom shall be allotted:

It shall be allotted to (1) Non-residential Indian

Companies and (2) Individuals, Co-operative Societies,

Industrial houses of India, Corporation bodies and public

limited companies which intend to undertake land

development activity by adopting Israel Technology or

other scientific methods and for planting of medicinal

plants.
 581

3. Ratio of allotment of land :

The above claimants shall be allotted minimum of

1000 acres and maximum of 2000 acres (800 hectares)

looking to the availability of land considering experience of

company expertise, use of international technology,

economic aspect of project, investment, potential for

employment opportunities, productivity etc. of claiming

land at one place.

4. Tenure :

Land shall not be granted perennially but on lease of

20 years.

5. Terms and conditions of lease :

(1) Land shall be granted for lease of 20 years in

first instance and after expiry of that period, lease can be

extended for another 20 years.

(2) For first 10 years out of 20 years of first lease

rent at the following rate shall be recovered.

(A) Year of Annual rent

lease to be
period recovered
per acre (Rs)
1 2
First Nil
Second Nil
Third 25
 582

Four 27.50
Five 30
Six 32.50
Seven 35.00
Eight 37.50
Nine 40.00
Ten 42.50

(B) After 10 years government shall review basic rate of

Rs. 25 and accordingly rent shall be recovered.

(C) Time of lease shall be from the date of order of lease

granted.

(3) Lease holder shall have no right on leased land but

he shall have right to proceeds of crops grown.

(4) If no work is started in two years from taking ever

possess on of land under scheme for development,

extension for one year shall be made on reasonable grounds

and thereafter if no work of development of land is started

the lease is liable to be cancelled without any

compensation.

(5) The lease shall be used for the purpose for which is

granted and if it is used for other purpose the lease shall be

liable to be cancelled for violation of terms.

 583

(6) Priority shall be given to local people while

employing in development of land.

(7) This land shall not be sublet.

6. Delegation of powers :

A proposal of demands received from NRI

Companies, Corporate bodies, limited companies shall be

prepared and sent to revenue Department and it shall be

scrutinized by committee of Secretaries of R.D, Agri. &

R.D. Dept., Forest and Environment Department, F.D. and

make recommendation on it and the decision in this regard

shall be made by government.

(3) Grant on permanent basis :

Land granted for rearing of fruit trees and other tress and

planting of cotton and other crops, and for farming on

Israel method shall be on lease only. It is not the policy of

the government to grant land on permanent basis.(GR,RD

No. JMN-392000-45-A Dt. 8-8-1)

There orders are issued by co-ordinating all the abone

orders issued on this subject. Now these orders are to be

implemented instead of all the above mentioned orders but

when a question on of interpretation is raised provisions of

original resolution shall be considered.

 584

Chapter – 26

Disposal of permanent islands and river bed lands.

Under consolidated GR RD No. LLB- 3979/188 5-G Dt. 8-11-79

provisions have been made for grants of perennial plouging of

permanent islands and river bed lands. Provisions have been made for

disposal of permanent islands and river bed lands as under :

1. Permanent Islands and river bed lands is such land which is not

likely to submerge due to floods. The lands on which once in two-

three years flood water sweep shall not be considered permanent

Island and river bad lands. Moreover, in this land of two beds of

river which is open except monsoon and is granted for growing of

vegetables, potatoes, water melons and musk melons. This land is

not included in it, because such land get submerged in floods of

the river. Whether the land belongs to permanent island and

riverbed lands shall be considered by above explanations by the

collectors. In the year 1968 and 1970 land of permanent islands

and riverbed was submerged but generally the land is not

vulnerable to flood waters shall be considered as permanent island

and river bed lands.

2. The land of permanent island and river beds should be granted to

their present lease holders permanently. The lease holders who

are eligible for such lands should be real holders but they should
 585

be granted land permanently the land not more than 4 acres. If any

land holder has more than 4 arcres such land he should be granted

land upto 4 acres. However if a person has a little more than 4

acres of such lands and it is not more than 10 guntha then extra

land of ten guntha should be allowed to him and it should not be

taken back.

3. For permanent disposal of land of permanent island and river beds

following value of possessory rights shall be recovered.

Sr. Retail of leaseholder receiving Norm of value of

No. land possossary rights to
be recovered.
1 2 3
1. S.C. S.T.Backwards farmers and The year in which
landless lease holders. land is disposed
permanently the rent
of three previous years
of it out of which
maximum annual
amount should be
taken and of these
amount 6 (six) fold
amount should be
taken.
(A) Those who till such land for -
more than ten or more years.
(B) Those who till the land for less The year in which
 586

than ten years. land is disposed

permanently rent of
three previous years of
it out of which
maximum amount
should be taken and of
this amount twelve
fold amount should be
taken.
2. Non backward lease holders.
(A) Those lease holders who till The year in which
land for more than ten years. land is disposed
permanently the rent
of three previous years
of it out of which
maximum annual
amount should be
taken and of these
amount 18 (eighteen)
fold amount should be
taken.
(B) Those lease holders who till The year in which
land for less than 10 years. land is disposed
permanently the rent
of three previous years
of it out of which
maximum annual
amount should be
taken and of these
 587

amount 24 (twenty
four) fold amount
should be taken.

4. The persons holding more than 4 acres of permanent island and

river bed land should surrender extra land than granted as per

above para-2 of the GR. Persons of S.C., S.T., B.C. and land less

farmers shall be granted as per price of above norm and in limit of

5 acres.

5. If the cooperative society holds permanent island and river bed

lands, it should be allowed to retain it on the terms applicable.

They should pay revenue and other taxes. Present rent shall not be

paid. When the society is wound up, or when it requires the land

no longer the land shall vest in the govt. automatically. No

possessary rights are to be given to the society.

6. When market price is to be fixed for disposal of land and to avoid

delay in this matter and for fixing price of this land, the collector

shall form a committee of Prant Officer, Taluka Mamlatdar and

District Inspector of land Record, and get the price fixed and all

the cases should be disposed.

7. If the members of SC, ST and backward classes apply for

instalment for payment of price of land, the collector should fix

 588

instalments with interest. Six percent interest in this should be

recovered.

8. District wise land revenue for permanent disposal of land of

island and river bed is fixed as under :

Sr. District Land revenue to be

No. received for per area
of land
1 2 3
1. Panchmahals, Kachchha, and 4-00
Sabarkantha
2. Banaksantha, Mehsana, 5-00
Ahmedabad & Gandhinagar.
3. Junagadh, Bhavnagar, 6-00
Surendranagar, Rajkot Jamnagar,
Amreli & Kheda.
4. Bharuch and Vadodara. 8-00
5. Surat 8-50
6. Valsad 9-00

9. Land revenue to be recovered in each case or as per area of plot of

land should be got fixed by District Inspector of land records by

collector.

10. Assessment of local fund cess and other cesses should be assessed

on the amount of assessment of land revenue on permanent is land

and river bed lands as per rules.

 589

11. Power to dispose of permanent Island and river bed lands

permanently are delegated to the prant officer.

12. While granting such lands, the land with such land holder should

not exceed ceiling area as fixed by under Total Agricultural and

ceiling Act.
 590

Chapter – 27

Disposal of non permanent is land river bed lands.

Under government consolidated GR of RD No. LBB- 3979-1917-

G Dt. 18-1-80 the government has made the following provisions for

grant of temporary Island river bed lands either on lease or on rent:

(A) The present land holders shall be allowed to hold temporary

island riverbed land on over year basis and for such continued

land, rent as per proviso (D) and (E) shall be paid. If the present

land holders violate any conditions of lease, expires or does not

want to till the land and with the result they are entitled to till the

land, or want not to continue the lease the land held by then shall

lepse or on expiry of lease period, the land shall be disposed of on

one year basis considering the following.

(B) New formed temporary island river bed lands and current

temporary island river bed land, which is not leased out and as per

provisions of (A) above it can be leased out such land shall be

granted for one year on priority basis on following terms.

(1) Cooperative group agricultural societies of farmers or of

backward class persons, if the area of land is sufficient for grant

for ten members of the society it can be granted.

 591

(2) Cooperative farming society which is made up of backward

class members and if fulfilling the above conditions, it can be

granted the land.

(3) Landless backward class persons or whose land being less

than economic from these, the persons who are landless shouldbe

given preference and persons with less land should be given next

preference.

(4) Landless agricultural labourers who are non backward who

wish to till the land by themselves.

(5) Other persons except backward class whose land is less

than the economic field.

(C) In no case while disposing land of temporary islands and river bed

land shall exceed four access land and his area with other land

held by lease holder shall not exceed one economic field. For this

purpose, the acre land of temporary Island and river bed land is

equal to three acre jarayat land.

(D) On temporary island land and river bed land annual rent at the

following rate shall be recovered.

New lease holders except :

(1) Cooperative society of non-backward persons and persons

of backward class, new lease holders than persons of other

 592

backward and S.T. and S.C. persons society, shall five fold rent of

annual assessment and local fund and education cess etc.

(2) Lease holders other than non-backward class and S.T. or

S.C. shall pay seven fold rent of annual assessment and local fund

and education cess etc.

(3) Present lease holders who do not belong to S.C., S.T. or

other backward class shall pay 7.5 fold rent of annual assessment

for first four acres and on excess land present rent being paid

proportionate local fund cess and education cess etc.

(E) For fixing rent as fixed in proviso (D), assessment amount shall

be as under :

Sr. District Amount to be

No. recovered per acre
Rs. Ps.
1 2 3
1. Kachchh, Panchmahals and 4-00
Sabarkantha
2. Banaskantha, 5-00
Mehsana,Ahmedabad &
Gandhinagar.
3. Junagadh, 6-00
Bhavnagar,Surendranagar,
Rajkot,Jamnagar, Amreli &
Kheda.
4. Bharuch and Vadodara. 8-00
5. Surat 8-50
6. Valsad 9-0
 593

The collector shall get fixed by District Inspector, land record, the

rent land revenue and in each case or rent tobe recovered ofeach

plot as per its area of land.

(F) New rent policy as per proviso (D) and (E) shall come in to

effect from revenue year of 1972.

(G) In such cases, when conditions of grant of land are violated

or terms of lease are violated or he fails to till himself, the lease

shall be cancelled and such land can be granted to on one year

basis “at fixed rent” (fixed at average rent of last three years) to

land less Harijans or tribals.

(H) As per present orders of the government prant officers shall

dispose of such land of temporary island or riverbed land on lease

or renew the current lease.

(I) It shall be answered while granting of land that the area of

land with lease holder does not exceed land of island and river

bed land then the ceiling fixed under land ceiling Act.

The amended resolution No. JMN-3980-571 Dt.31-12-83

lays down that in case grant of non-permanent river bed land to

tribal and economically weak farmers, it shall be disposed on one

year basis by charging annual rent of threefold of the assessment.

For weak economic condition the collector has to use his

discretion.
 594

Chapter – 28
Extension of village site assignment and declaration of
revenue village.
1(A) Extension of village site assignment :

Under (1) section 38 of land revenue code 1879. (2) Rule 73 of

land Revenue Rules 1972, (3) Section 108 of Gujarat Panchayat

Act 1993, and (4) GRRD No.JMN-3980-5326-G Dt. 15-2-80 the

procedure for extending village site has been prescribed.

(1) Selection of land for extension of village site.

Selection of land for extension of village site shall be in

following order :

(1) Government waste land (2) land vested to panchayat (3)

land of private ownership to be purchased by village people

through discussion among themselves. (4) Acquisition of land of

private ownership under land acquisition Act. can be acquired.

When proposal is to be made for taking over Panchayat

landfor public purpose under section 108(4) of Gujarat Panchayat

Act, 1993, the collector shall take action under GC RD No.JMN-

3965-52695-A Dt. 14-2-66.

(2) Procedure for extension of village site :

Various procedures for extension of village site has been

prescribed under circular of RD No.JMN-3963-2015 G Dt. 19-4-

84.
 595

If the government land is to be added to village site, the

work shall be completed in 4months and if private land is to be

acquired, the work shall be completed in 6 months. If the land

vested in Panchayat is to be selected the work should be

completed in 45 days. While making proposal for assigning land

for village site, the collector should ensure that whether the

proposal has been jointly sent by TDO and Mamlatdar as per

instructions of circular RD No. JMN-3984-11673-G Dt. 5-12-90.

(3) Important points to be considered for selection of land.

When proposal for extension of village site is made jointly

by Mamlatdar and TDO, the points to be considered for selected

site of government waste land or Gauchar land generally are

asunder :

When village site is to be assigned under plot Scheme of

tree house site to land less agricultural labouers, or for needs

house site of needybackwardclass people, it should contain (1)_

land of demand (2) Name of village (3) Population of village (4)

Survey no. Block No. (5) Area (6) quantum of land to be assigned

(7) Copy of 7/12 and mutation entry (8) Certified copy of

resolution of Gram Panchayat with resolution with date (9)

Whether land to be assigned belongs to Gauchar or Waste land.

(10) Detail of requirement of pasture land in ratio of cattle.(11)

 596

Map of land demanded (12) Adjoining area of land demanded

(13) facility of public road (14) Detail of ribbon development

Rules violation(15) Opinion of public health officer (16) Detail of

land where it is bumpy (17) Detail of trees on land (18) Detail of

encroachment on land if any (19) list of plots likely to be allotted.

And (20) For land demanded, resolution of land committee

consisting of president of Taluka Panchayat, TDO Mamlatdars

and local MLA.

After 1955, administration of all land of district assigned as

village site vest in District Collector and it is the responsibility of

Revenue Officer under control of collector. The administration of

site of pasture land of Panchayat grazing land is being done by

Panchayat under Gujarat Panchayat Act, 1993. Hence all action

should be taken by Panchayat for all encroachment in such lands.

He should monitor as collector for removal of such encroachment.

1(B) Declaration of new Revenue village :

This is provided under section (7-A) of Land Revenue

Code Under section (7-A) the state government is empowered to

change limit of villages or its amalgamation or its formation.

Accordingly the state government shall change the limit and it can

extend it or amalgamate two or more villages or form new village.

 597

This section has been introduced in 1950. The state

government has been empowered to add survey No. or Nos. in

other villages.

The State Government has circulated instructions while

making proposal to government of declaring independent revenue

villages to Gram Panchayat. Para, Peta-paras, muvadas, localities

etc. under circulars from time to time in 1966, 1968, 1976, 1983

and 1984. However, proposal received were incomplete and in

explaining them there was delay. With a view to avoid delay, the

government has issued following instructions under circular No.

PFR-102001-MR-38-Z Dt. 31-1-2003 and proposal should be

made with documents attached with the schedule. The Mamlatdar

should consider the following items while making proposal.

1. The concerned village should have status of separate

independent Gram panchayat. or

If it has not independent Gram Panchayat as above, than

such paras, peta paras, falia, Muvada are to be declared as

separate revenue village theyshould have population of more than

500.

2. If it has not independent Gram Panchayat as above and

such Paras, Peta Paras, Falia, Muvada are to be declared as

separate revenue village they should have population of more than

 598

500 and upto 1000, the distance from respective Gram Panchayat

should be more than3-0 km.

3. There should be a resolution for Gram Panchayat which has

been declared independent Gram Panchayat and the village which

has to be separated both the Gram Panchayats should have made

resolution for consent

or

if there is no independent Gram Panchayat than such paras, peta

paras, Muvadas, falias, which are to be declared as separate

independent revenue village, than there should be a resolution for

consent for part of respective Gram panchayat.

4. There should be resolution for consent for declaring

revenue village of concerned Taluka Panchayat and District

Panchayat.

5. There should be resolution of consent from MLA and MP

of concerned area.

6. The collector shall consider proposals of declaring revenue

villages after verification of forms and if there is no objection

from geographical point of view, he should take further action of

declaring independent revenue village to independent Gram

Panchayat, paras, peta paras, Muvada, falia etc. and send it the
 599

settlement commissioner.The settlement commissioner shall

verify the proposal and sent it to the govt. with his opinion.

Schedule

List of enclosures to be attached with proposal for declaration of

revenue village or change in Rakaba.

1. Certified copy of notification of Panchayat Department for

declaration of separate Gram Panchayat.

2. Certified copy of resolution of consent of both Gram

Panchayats.

3. Certified of Dy. Ex. Engineer for distance between two

villages.

4. Certified copy of resolution of consent of concerned Taluka

Panchayat.

5. Certified copy of resolution of consent of concerned

District Panchayat.

6. Opinion of consent of MLA of concerned area.

7. Opinion of consent of MP of concerned area.

8. Clear cut opinion of collector for declaring of revenue

village.

9. Certificate of number of cattle in village and Gauchar

sufficient for strength of cattle ( 40 acre against 100 cattle)

 600

10. Certificate of D.E.L.R. that no survey no is left out after

tallying about geographical states with record of office of

D.E.L.R.

11. Certified map in three separate colours showing clearly

village boundary of villages to be separated and remaining

villages by D.E.L.R. in triplicate.

12. Opinion of Development Commissioner affecting seat of

Taluka Panchayat District Panchayat by separation of one

revenue village to another of Peta para, falia, Muvada.

13. List of survey No. of present revenue village in order,

showing clearly and clearly typed, certified by Talati and

Circle officer of names of land holders, areas, assessment,

total area etc. with abstract in triplicate.

14. List of survey No. to be included in newly formed revenue

village, in order, showing clearly and clearly type, certified

by Talati and circule officer of names of land holders, area,

assessment, total area etc. with abstract in triplicate.

15. Clear cut opinion of Suptd. of Land Record.

16. After action of declaration of revenue village to concerned

village state detail of change made in Taluka or district due

to regional change by government and resolutions of this

Taluka, District Panchayat, opinions of MLA/MP of area.

 601

17. Detail of if any court case is filed for formation of Gram

Panchayat or in this connection.

2. Investing village property in Panchayats.

Vesting of village properly in Panchayats has been provided in

GR RD No. LND-3970-UO-2600-G Dt. 5-1-70. Under this, property,

like wells, tanks, open sites, waste land, grazing land, open space, trees,

land of streets and way chavdi, etc. area be vested to Panchayat subject

to certain general conditions. The property which has been assigned for

the purpose shall be used for that purpose only. The purpose for which

the property is assigned to Panchayats and if they are not required for

Panchayats, they shall restored to the government. These properties shall

not be transferred by Panchayats by way of lease, sale or by any other

way without written prior sanction of the collector. The panchayats shall

keep in good condition and allow no encroachment on it. In case of

violation of any terms, the government shall take back without any

compensation unconditionally. The property shall stay vested into

panchayats as long as they exist and and when any Panchayat is

converted into municipality, the vested property shall restore to

government automatically.

3. Arrangement of trees on land vested in Panchayat.

Provision has been made in GR RD No. JMN-1667-41679-G Dt.

1-3-72 for arrangement and disposal of trees on land vested in

 602

Panchayat. In this GR provision has been made for reserved, unreserved

trees. The trees on road sides though planted by Panchayat they shall

belong to government. When such trees are needed to government, they

can be given at Rs.2 per tree royalty, Royalty shall be paid to forest

Department and prior sanction of government has to be obtained for this.

When such trees are required for other purpose, the forest Department

shalls sell it. After deduction of expense from the proceed, the fifty

percent amount from remaining amount shall go to panchayat. The trees

which are ripe, dry, harmful or blocking, or in dangerous condition can

be fell with sanction of forest officer. Except this, sanction for felling of

trees of government shall be obtained.

Unreserved trees vested in Panchayat, situated in side of road

under Panchayhat through planted by Panchayat they shall belong to

Panchayat. When such trees dry, fall down, the wood would belong to

Panchayat. When these trees are in dangerous, harmful condition or are

blocking they can be cut with prior sanction of the collector. In this

regard the GR, Circulars of RD, Panchayat Department and Forest and

Environment Department issued from time to time shall have to be

considered.
 603

Chapter-29
Anavari

The procedure of anavari has come in to force as per the

recommendations adopted with partial modifications or with
amendments in the Reforms committee vide Administrative Order No.
30-A, dtd. 1.8.79. The procedure has been laid down by the GR NO.
ANV-1078-555-K, dtd. 6.7.89 of the Revenue Department to oversee
that anavari is made as per this Administrative Order. Thereafter, the
system of assessing anavari has been re-evaluated and new instructions
have been given on 19.5.2005 vide GR No. ANV-102003-MR-3-K.

The provisions of anavari is as follows (Administrative Order 30-A)

(1) Anavari is required for the purpose of suspension of

revenue only when there is a doubt about yield of crop
below 6 ana per annum and when the amounts of
suspended revenue of previous year are to be recovered or
when there is a doubt about yield of crop below 8 ana or 11
ana per annum and the amount of suspended revenue of
previous year is equal to half or full amount of revenue for
the entire year.

(2) The system of evaluating the proportion of the crop is

called „anavari‟.

(3) The following formula is to be utilised for finalising the

anavari of crops:-
Anavari = 12 x Yield observed
Standard yield
 604

4.1 The villages will be divided in to the following categories for the
purpose of anavari.

Class-I Kharif-1 Kharif villages

Class-II Kharif-2 Villages where main crop is
cotton
Class-III Rabi Villages having rabi crops
4.2 Collector should take a decision regarding classification of
villages of the district.

5. Anavari will usually be made at the following times:-

Class-I Kharif-1 The process of making anavari in the

villages should be made before harvesting of
the crops or by October-December
Class-II Kharif-2 Anavari should be made in December-
January in the villages. Anavari of the cotton
should also be made at the same time on the
basis of the first cleaning of grains
Class- Rabi In the Rabi villages anavari should be made
III in the month of February-March

6.1 Villages where anavari is to be made, a village level committee

shall be formed for each such village.
 605

6.2 For making anavari, the following village level committee shall
be constituted:-

No. Committee No. of Designation of the Details of

level the Member Chairman
Member or a
Member
1. Village 1 Circle Inspector or Chairman
Level Distribution Officer
(appointed by the
Mamlatdar)
2 Sarpanch Member
3 Gram Sevak Member
4 Chairman of a Co-op. Member
Society (If there is a
Co-op. Society in the
village)
5 Chairman of a Milk Member
Society (If there is a
Co-op. Society in the
village)
6 Three farmer Member
representatives as may
be decided by the
Gram Panchayat
7 Talati cum Mantri Member

6.3 The Chairman of the Committee shall inform about his visit of the
villages three days in advance.
 606

6.4 The Committee, as stated in para-5, shall meet five months before
harvesting of main crops. If any member of the committee is not
present, the Chairman of the Committee, if feels necessary, can
co-opt any farmer on site. The committee will note its opinion
about what is the yield of the every crop.
6.5 Each member will sign in this opinion. If the opinion is not
unanimous, each member will write his or her opinion with his
signature.
6.6 Opinion or opinions registered in this way will be sent to the
Mamlatdar by the Chairman of the Village Level Committee and
the Mamlatdar will make procedures to take temporary decision
on it.
6.7 Mamlatdar will also resolve as to up to what date the
aforementioned opinion or opinions should be sent to him.
6.8 If he does not opinions by such date, Mamlatdar will take a
temporary decision on the basis of available information.
6.9 Mamlatdar will publish his temporary decision on the taluka
office and will send the decision relating to a particular village to
the concerned Gram/Nagar Panchayat for publishing the same on
the Chavdi of the respective village and for informing the same to
the Members of the Committee and the farmer representatives co-
opted for the work of the Committee.
6.10 If there is any objection against the temporary decision of the
Mamlatdar, the same will have to be produced within 15 days
from such date of publication.
7.1 The taluka level committee for anavari will be as follows as per
the GR dtd. 19.5.2005.
1. Mamlatdar Chairman
2. President, Taluka Panchayat Member
 607

3. Taluka Development Officer Member

4. Director of District Co-op. Bank
elected from the Taluka Member
5. Representative of the Land
Development Bank Member
6. Concerned Agriculture Officer Member

7.2 The Chairman of the committee can convene the meeting of the
committee with a three days short notice. No quorum will be
required for the proceedings of the meeting. The meeting will
meet with the available members and will proceed accordingly.
Procedure to be adopted in the taluka level committee
7.3 The decision regarding anavari will be taken with a majority
consensus but the cases where the majority of members are not
agreeing to the decision of the Mamlatdar, such cases will be sent
to the Collector for decision and the Collector shall, after
examining opinions of all members, record the reasons and take
appropriate decision which shall be considered final.
7.4 Mamlatdar shall inform the final decision about anavari to the
concerned person or institute such as members of the Taluka
Committee, villagers, village level committee and main co-
operative institutions giving agricultural loans and advances to the
concerned taluka and the nationalised bank offices.
Constituent Unit for standard yield
8. For standard yield, at present district is considered as a constituent
unit. Instead, taluka shall be considered as a constituent unit.
Experiments of crop harvesting
9. For experiments of crop harvesting, four fields on four directions
of the village and a field in the centre of the village shall be
 608

selected and five observations of three main crops each of the

village will be made.
10. The Mamlatdar himself will make at least one experiment in the
area of every Chairman. The Prant Officer will make at least one
experiment in every taluka.
11. The Mamlatdar will examine a minimum of 10 % results of crop
experiments.
12. The Prant Officer will examine a minimum of one crop
experiment in every taluka.
13. The Collector should, if possible, examine results of experiments
in all talukas and the Collector shall select any field in any village
for examining anavari for the experiment of crop harvesting.
14. The weight measured in the crop experiment will usually be of
green grains (and not dry grains). Therefore, it should be ensured
that these grains and their husks are moist. The Director of
Agriculture should intimate about details of percentage of such
main crops of dry grains so that the weight of these green moist
food grain is found properly.
15. Actual weight of the crop should be assessed on the basis of
dryness quotient received from the office of the Agriculture.
16. During this time, all officers should travel so that the experiments
of crop cutting can be completed before harvesting of crops.
17. Results of crop experiments made by all officers shall be
registered in the register kept at the taluka level and the details of
such experiments should be sent to the taluka Mamlatdar by all
officers.
18. The figures of standard yield given by the department/office of
Agriculture should be used for anavari.
 609

19. Wherever grass is grown as a crop, the same should be considered

for anavari even if it is not valuable or costly crop.
20. If second crop is taken on any field availing benefit of the
moisture in the soil, proper weightage shall be given to such
second crop for fixing anavari.
21. However, for classification and yield of the land if capacity of
two crops of such land has been fixed, both Kharif and Rabi crops
being grown on such land should be considered for the purpose of
anavari and area of such land should be considered twice.
22. The Collector or Mamlatdar should, upon receipt of the fees from
the public, provide copies of the papers of anavari of the crops
grown in the village.
1. Opinion of the Anavari Committee regarding every
major crop
2. Temporary decision of the Mamlatdar
3. Decision of the Taluka level Committee
4. Decision of the Collector
23. Wherever possible, the area of the major crop of every village and
its anavari should be included in the decision of the Mamlatdar.
 610

Chapter-30
City Survey

1. Survey of city is associated with the administration of the

Nagarpalika. The survey of Surat city in the year 1821 and that of
Ahmedabad city in the year of 1824 had failed at that time due to
non-deciding of right on land and lack of arrangement for
maintenance of land. Mr. T. C. Hope, the Collector of
Ahmedabad had made a proposal to the Government for survey of
Ahmedabad for various issues such as rights of land,
encroachments, rights of the Government, assessment of rent,
fixing of utility of land, finalisation of tenure, fixing of non
agricultural assessment etc., which was accepted and the survey
had started in 1863. Thereafter, measurements were carried out in
the cities of Surat, Valsad, Bharuch and Rander. In the year 1867,
the rules of Hak Chokshi prepared by Mr. Hope were approved
vide G.R dtd. 28.2.1867 of the then Government and which were
later incorporated in to the Mumbai Survey and Settlement Act-
1868 (4th of 1868) and Act 2 and 7 of 1863 were also added in to
it. Lastly, these provisions were incorporated vide Chapter 10 of
the (Bombay) Land Revenue Code, 1879 (5th of 1879). Matters
such as N.A. assessment, inspection system, boundary, right etc.
were continued from other provisions.
2. Objectives: There are three major objectives of survey of city.

(a) Administrative : To provide maps having

particular details of houses, roads,
open space etc. which can be
useful for administrative purposes
 611

such as urban planning or land

acquisition for water supply,
drainage line, gas line, roads etc.

(b) Financial : To supervise revenue related

situation, to prevent
encroachment of land and its
improper usage etc.

(c) Legal : To finalise legal rights and

borders, to prevent litigations
between land holders which may
give rise to animosity amongst
them, to remove doubts amongst
the Government or local bodies
and private landholders and to
prevent litigations amongst them.

3. System of introducing City Survey

1. The provisions of the survey of city apply to the land other

than agricultural land only. However, if an agricultural land
falls between the lands under measurement, the Collector
can include such land in the boundaries of city survey
carried out under Section 126 of the Land Revenue Code
and upon receiving permission for non-agricultural purpose
for such land, the provisions of city survey are applied to
such land as per the Circular No. L.R 847 dtd. 10.2.1975
 612

of the Settlement Commissioner and Circular No. BKHP-

1083-2547-K of the Revenue Department.
2. Survey of city is introduced for the cities having population
of 2000 or more as per provisions of Section 132 of the
Land Revenue Code.
3. Whenever a proposal is submitted by the Local Self-
Government Body for introducing city survey or when the
Collector himself intimates to introduce a city survey in
some important area of the city, the concerned District
Inspector of Land Records (DILR) of the district concerned
will submit such proposal in a prescribed format of City
Survey Manual to the Settlement Commissioner through
Deputy Director, Land Records or Superintendent, Land
Records. The Settlement Commissioner shall scrutinise the
proposal and submit the same to the Government.
4. Upon receipt of the proposal, the State Government shall
give permission to introduce city survey in the respective
city or town under Section 95 and 132 of the Land Revenue
Code, 1879 and only after that the city survey will be
considered to have been introduced in the town/city.
5. Upon receipt of the approval of the Government to
introduce city survey, the „Collector‟, or the „Survey
Officer‟ deputed by the State Government shall identify the
border of the area under city survey under Section 126 of
the Land Revenue Code. There is no provision as to such
border should be extended up to city limits or limits of the
Self-Government Institute. All area which is used for
purposes other than agriculture and which is to be utilised
for such non-agricultural purposes for next 10 to 15 years,
 613

may be incorporated within the boundaries of the city

survey.
4. Phase-wise work
(a) Measurement

1. Upon receipt of the approval from the Government under

Section 95 and 132 of the Land Revenue Code and after
finalisation of boundaries of the city survey area by the
Collector or Survey Officer, Deputy Director, Land
Records or Superintendent, Land Records, appoint
necessary personnel/establishment for the work of survey
in such area.
2. After appointment of establishment/staff, traverse survey of
the city is carried out as per chapter-2 of the City Survey
Manual and maps are prepared after carrying out a detailed
survey as per Chapter-3 and thereafter, the maps of detailed
survey are prepared in identical square sheets of 70 cms x
50 cms in the scale of 1:400 (1 centimetres = 4 meters).
One sheet contains properties, roads, open space etc. of
56000 sq. Mtrs area in the form of map. Doors, Flory, walls
and measurements are shown by various signs. Area is
worked out by measuring boundaries of construction, roads
etc. and primary record is prepared on the basis of this.
3. Only borders of railway land are shown. No numbers are
given.
(b) Hak Chokshi
1. As and when the survey sheets are finalised or completed,
the State Government appoints officer of the rank of
Mamlatdar or Deputy Collector from the establishment of
 614

the Settlement Commissioner under section 18 and 19 of

the Land Revenue Code. This Officer suo moto carries out
a detailed systematic survey as per the details shown in
Chapter-5 of the City Survey Manual by the method laid
down under Land Revenue Rules 29 as per Section 189,
190 and 194 of the Land Revenue Code in the capacity of
Survey Officer as per the provisions of Section 37(2) of the
Land Revenue Code, Hak and Easement Section 119,
Border, Measurement, Section 113 of the Panchayat Act,
Section 81 of the Nagarpalika Act, 1963 and Section 80 of
the Municipal Corporation Act, 1948 and finalises right,
easement, boundaries and area. This process is known as
process of „hak chokshi‟ and the officer deputed for this
purpose is known as Hak Chokshi Officer. For this work,
establishment of 1 Hak Chokshi Officer, 1 Hak Chokshi
Surveyor, 1 Junior Clerk, 1 Process Server, 1 Peon and
necessary Sanad and P.R. Card Right has been finalised.
The Hak Chokshi Officer has to carry out hak chokshi of
monthly 240 properties as per the Circular No. SV-864 dtd.
15.4.91 of the Settlement Commissioner (with 20%
increase in norms).
2. The Hak Chokshi Officer carrying out the work of the hak
chokshi as per the provisions of Section 37(2) and 119 of
Land Revenue Code as shown above in para (1) is a
„Survey Officer‟ under Section 18 of the Land Revenue
Code and appeal can be made against his order to the Prant
Officer (if the Survey Officer is of the cadre of Mamlatdar)
and to the Collector (if the Survey Officer is of the cadre of
Deputy Collector) under Section 203. The Collector can
 615

take the process of hak chokshi in revision under Section

211.
(C) Preparing the record of city survey
1. Keeping in view the tenure of every properties along with
all works of hak chokshi, the Hak Chokshi Officer assigns
letters such as A, B and C fixed by the Settlement
Commissioner to every property. The properties are given a
final number (known as the City Survey Numbers). The
right of exemption is fixed as per Section 127 and 128 of
the Land Revenue Code. The N.A. assessment except
agricultural assessment is also finalised as per Section 81
and 82 of the Land Revenue Rules. The boundaries and
area of the properties are finalised and after registering all
details in the Hak Chokshi Register, the decision taken is
conveyed to the concerned persons by „C‟ notice as per the
system laid down in rule 29 of the Land Revenue Rules. In
60 to 70 % sheets, upon completion of the hak chokshi,
sanads are prepared in specimen R.L.S.18G for the
properties eligible for Vesheshdharo and in specimen
R.L.S. 19G for the properties eligible for exemption.
Sanads are not prepared for the Government and public
properties.
2. The District Collector fixes survey fees within the limits of
Rule 19(2) for recovery of the expenses incurred for the
work of survey of city under Section 132 of the Land
Revenue Code. Recovery of this survey fee is made by
recovering sanad fee from the property holders by giving
them sanads during the maintenance. The unit rate is
approved by Collector for recovering survey fees for the
 616

purpose of Section 132 by the method plaid down in

Chapter-9 of the City Survey Manual on the basis of the
area and units of price as soon as the sanad is prepared and
a registered is prepared for recovering sanad fees after
finalising the sanad fees of the property for which the sanad
is to be given as per this unit rate. As per the provisions of
the GR NO. SV-95 dtd. 27.5.88 of the Settlement
Commissioner, instead of sanctioning the unit rate, a
maximum sum of Rs. 200/- is assessed towards sanad fees
per sanad.
3. The property card should be prepared in the specimen CTS-
21EE prescribed vide GR No. CTS-122005-1098-H, dtd.
3.8.2005 of the Revenue Department on the basis of the
Inquiry Register and machine numbers are to be given on it
after arranging them chronology as per city survey number
(Now this work is to be carried out by software prepared by
the NIC).
4. The following records are to be prepared by the Hak
Chokshi Officer during the process of hak chokshi, which
are all proved useful during maintenance:-
(1) Register of encroachment on government land and
on roads (In specimen CTS-9G)
(2) Statement for use (of land) other than agricultural
land without permission
(3) Statement of memo of breech of violation observed
in the lands other than agricultural land for which
permission has been given
(4) Appeal Register regarding appeals made during hak
chokshi
 617

(5) Statement of the Government Properties

(6) Village Form No. 2 and 3
(7) Memo interlinked with Sheet No./Running
No./Municipal No./City Survey No. etc.
(8) Statement of machine card no.
(9) Statement of recovery of sanad fees
(10) P.R. abstract
5. Upon preparing the record after completing all procedures
of hak chokshi, the Hak Chokshi Officer will prepare a
final report as per the Circular No. SV-1154 dtd. 9.8.83 of
the Settlement Commissioner and will sent its copies to
Settlement Commissioner, Collector, Deputy Director or
Superintendent (Land Records) and Prant Officer. All
records are handed over to the City Survey Superintendent
of District Inspector of Land Records as may be suggested
by the Deputy Director of Superintendent (Land Records).

(D) Control and Inquiry

During the process of hak chokshi, the Prant Officer should
frequently visit this office as per the provisions laid down vide
letter No. MISE-1079-7614-H dtd. 15.6.79 of the Government
for inspection of rights and make inquiry of the work of the Hak
Chokshi Officer (Letters No. SV-95, dtd. 19.2.77 and 6.7.79 of
the Settlement Commissioner). The Deputy Director (Land
Records/Superintendent (Land Records) should also make a visit
of this office to have a look on the progress of the office, its
establishment, office arrangements etc. and should see that the
record is prepared in specific manner so that it can be proved
useful in future.
 618

5. Implementation
1. Once the record of the city survey is prepared, its
implementation is undertaken. The record is verified and
scrutinized by the Maintenance Surveyor (100%) and by
the City Survey Superintendent (25%). Lastly, under Rule
105 of the Land Revenue Rules, 1972, the Deputy Director
(Land Records) or the Superintendent (Land Records) of
the concerned district makes 10% scrutinee of the record
and promulgate such records in exercise of the powers
conferred to him vide Notification No. GHM-2005-46-M-
CTS-12-2000-3810-H (Part File) dtd. 19.10.2005 of the
Revenue Department and as per the GR No.
CTS/12/2000/3810/H (Part File) dtd. 21.11.2005 of the
Revenue Department, when such officers are not available,
the Collector or Prant Officer are also competent enough to
perform these duties. It means that the concerned Deputy
Director (Land Records), Superintendent (Land Records) or
the Prant Officer are competent Officers to make
promulgation of the city survey record.
2. During the process of promulgation, as per the provisions
of Circular No. CTS/1090/3990/H, dtd. 27.12.95 of the
Revenue Department, the village form no. 7/12 of the land
other than agricultural land of the area is not be continued
after the city survey is introduced in such given area. As
such, the officer making promulgation should make an
entry in the Village Form No. 6 with the remarks „‟omitted
due to incorporation in the city survey limit‟‟.
3. As soon as promulgation takes place, provisions of
Chapter-10(a) of the Land Revenue Code apply to the city
 619

survey records and all provisions of the Hak Patrak

automatically apply to this record as well and the process of
maintaining this record also begins.

6. Maintenance
1. Norms have been fixed by para 147 and 147(a) of the City
Survey Manual for appointing the City Survey
Superintendent and Maintenance Surveyor for
maintaining the city survey area. As per these norms,
(keeping in view the revision in terms of 20% increase
in workload) for Maintenance Surveyor, 6 to 10
Maintenance Surveyors for 4200 to 6000 properties for
Maintenance Surveyor and 36000 to 60000 properties
for City Survey Superintendent have been fixed. There
are separate norms for single quarter and more than one
quarter.
2. With promulgation, the collector should publish a public
notice for obtaining Sanad by the property holders
within six months as per Section 132 and 133 of the
Land Revenue Code. A specimen of the same has been
given in the City Survey Manual in the Form no. 11.
Late fees of Rs. 1.00 are charged per sanad from the
property holders claiming Sanad after six months as per
Section 133 of the Act (Process of revising these late
fees is going on).
3. The process of maintaining the city survey is carried out as
per Chapter 10 of the City Survey Manual, in which,
properties are maintained and (2) registers and accounts
prepared on the basis of the survey are maintained.
 620

4. Chapter 10A of the Land Revenue Code and Chapter 15 of

the Rules apply to the records of city survey. Therefore,
1. A continuous register should be maintained from
1.8.2004 as per the details of the Circular No. CTS-
Hakpatrak-05, dtd. 20.7.2005 of the Settlement
Commissioner and as per Rule 107 in prescribed
format (as per the Circular).
2. As per Rule 108(1) and (2), the entries of change are
to be made in the mutation statement and Property
Card as per the GR dtd. 1.12.2003 of the Revenue
Department.
3. After making an inquiry of the mutation carried out
as per Rule 108(3), dispute (if any has arisen) shall
be resolved. As per Rule 108(4), it should be ensured
whether the entries are correct and the same should
be certified. This work shall be carried out by the
City Survey Superintendent in the capacity of
„additional Mamlatdar‟ declared under Section 12/A
of the Land Revenue Code by the Government. The
City Survey Superintendent is a „Revenue Officer‟ as
per Section 3(1) of the Land Revenue Code and is a
„Survey Officer‟ as per Section 3(2) for the purpose
of kami jasti, survey and measurement, zonal survey,
modification of maps etc.
4. Appeal can be filed before the Prant Officer under
Rule 108(5) of the Land Revenue Rules, 1972
against the decision given regarding disputed works
under Land Revenue Rules 108(3). The Competent
Authority (Collector/Special Secretary (Appeal) can
 621

review the entries made in the mutation register

under Rule 108(6A) and Rule 108(6) of the Land
Revenue Rules.
5. The Collector finalises the rates of measurement fees and
sketch fees of the City Survey Area (Section 135 G(B)
as per the recommendation of the Settlement
Commissioner from time to time (Lastly the Settlement
Commissioner had made a recommendation vide letter
dtd. 6.7.2000 No. SV-550 to keep the measurement fees
at Rs. 300.00 and sketch fees of zonal measurement at
Rs. 150.00)
6. The record of city survey is a record of land under Section
3(26) of the Land Revenue Code. Effects of Town
Planning Schemes, Land Acquisition, Land Grant,
Multi-storied Buildings under the Flat Act etc. are given
by the Settlement Commissioner by the kami jasti
method laid down under the Land Revenue Rules 15(2)
and the same is incorporated in to the land records of the
city Survey.
7. The Settlement Commissioner will correct the clerical or
mathematical error for revision of area of the City
Survey Nos. which are used for the purposes other than
agricultural purposes under Rule 15(1) of the Land
Revenue Rules, 1972. These duties have been assigned
to Deputy Director (Land Records/ Superintendent
(Land Records) vide Circular No. LR.1369/2001 dtd.
2.5.2001 and 20.12.2003 of the Settlement
Commissioner. When the area is to be revised due to
change of boundaries, a decision is to be taken by the
 622

Prant Officer if the rights in this respect have not been

reserved by the Collector to himself under Section 10 or
119 of the Land Revenue code.
8. No changes are to be affected in the property card of the
agricultural land if the same has been covered in the
City Survey area. However, the provisions of City
Survey apply to such land as soon as permission is
obtained to use the same for purposes other than
agriculture. Irrespective of any area shown in the
property card earlier, at the time of granting approval to
use the land for purposes other than agricultural
purpose, border and area shall be finalised on the basis
of the record of the original measurement (cone tippan
or other measurement) of the District Survey Office and
the City Survey Sheet shall be amended accordingly and
non-agricultural entry will be carried out first in the
Property Card and the same shall be continued in the
Record of Right of the City Survey as City Survey
Record and at that time, the Talati should make an entry
of „‟omitted due to inclusion in the City Survey Limit‟‟
in the Village Form No. 7/12 (Circular dtd. 10.2.1975 of
the Settlement Commissioner).
9. The Maintenance Surveyor / City Survey Superintendent
has to perform the following duties carefully regarding
lands/properties located in the City Survey Areas.
(a) The Maintenance Surveyor has to ensure properties
of his ward on site at the rate of 240 properties per
month and should intimate the property holders
regarding change in the property recorded in the
 623

records and should submit the details of any unlawful

possession, encroachment, completion of lease,
change of purpose, breech of tenure etc. to City
Survey Superintendent for taking immediate action.
(b) He should bring to the notice of the Competent
Authority any constructions without permissions
after ensuring on site the agricultural numbers falling
in the City Survey limits and should also bring to the
notice of the Competent Authority any breech of
tenure in the constructions even if they are erected
with permission. He should make an entry of the
same in the record of the office and should take
action as per instructions of the Competent
Authority.
(c) He should take immediate action upon observing any
breech of tenure or expiry of lease on leased land or
new tenure land.
(d) As per the provisions of Section 61 and 202 of the
Land Revenue Code, he should take action for
removal of encroachment on Government Land in
consultation with the Collector/Deputy Collector
/P.W.D. If he is of the opinion to regularise the
encroachment, he should make a proposal to the
Competent Authority as per the instructions of the
Government issued from time to time and should
take care to obtain orders to that regard.
(e) As per the provisions of Circular No. CTS-1090-
3990-H dtd. 20.7.1999 of the Government of
Gujarat, the Talati has to make recovery of N.A.
 624

assessment in City Survey Area. The Maintenance

Surveyor / City Survey Superintendent should
prepare two copies of Village Form No. 2 as per the
Circular No. LR-1320-99 dtd. 9.9.99 and should get
the same approved from the Prant Officer first time
and should send a copy to the Talati for recovery and
thereafter he should make an entry in the property
card or record of right and update Village Form No.
2 and should inform the Talati. He should make a
reconciliation of Village Form No. 2 sent to the
Talati in the month of July every year and should
keep both specimens uniform.
(f) He should see that the entries of rights are properly
and timely made in the Record of Rights.
(g) He should maintain updated and latest maps with
latest orders as per the actual position on site.
(h) He should follow the provisions of the Circular No.
SV-8/Zonal Survey/05, dtd. 13.6.2005 of the
Settlement Commissioner regarding Zonal Survey.
(i) He should complete the work of applications
regarding Survey of boundaries of properties.
(j) He should provide copies of the City Survey Record
being asked by the people within 24 hours if possible
and maximum within three days under Rule 137 (3)
and Entry 307-K by recovering fees under rule 142-
K of the Land Revenue Rules, 1972.
(k) It is essential that government dues such as sanad
fees, late fees etc. are recovered in time.
 625

(l) He should examine the entries of copies of sale sent

by the Sub Registrar and should get it entered in the
Record of Right.
(m) The City Survey Superintendent should get his
permanent tour programme approved from Collector
and implement the same.
(n) He should send a report to the Competent Authority
in time regarding land demands.
(o) In the event of property card becoming worn out or
torn or is lost, as per the instructions issued vide
Circular No. SV 8/519 dtd. 29.2.2000 of the
Settlement Commissioner, new property card should
be prepared on the instructions of Land Record
Superintendent and if number of cards is high, they
should be certified as per Rule 111 of the Land
Revenue Rules and should be implemented.

Overall, the City Survey Offices are very important

offices of the administration of Settlement Commissioner,
maintaining Record of Right of Government properties,
Government revenue etc. of the City area. District Collector
and Prant Officer are the officers functioning under the
direct control of this Office for the administration of land.
7. Addition of Para 129 (a) in the City Survey Manual:

A GR No. CTS/122006/3354/H, dtd. 12.2.2007 has been issued

by the Revenue Department in this respect. The instructions of the
said GR as follows:-
 626

It is very essential to prepare record of non-agricultural land /

properties in the City areas, to implement and maintain it. The
present system of hak chokshi is either very costly or very time
consuming looking to the present provisions and methods. Due to
the current system of hak chokshi, the revenue records for the
land other than agricultural land is not being finalised or
maintained, therefore, it is desirable to change the current method
of hak chokshi out of the two options of changing the current
method of hak chokshi and sanctioning of more establishment.
Para 102 to 104 of the City Survey Manual provides for hak
chokshi, therefore, the system of hak chokshi can be shortened by
amending the said provisions. Para 88 to 129 of the said Manual
relate to hak chokshi. Since the method of hak chokshi mentioned
in these para relate to the Government and Municipal properties
only, the Government hereby resolves to add a new para 129-A in
the City Survey Manual as shown below: -
„‟ 129-A Notwithstanding anything contained in Para 88 to
129, the process of hak chokshi of the City Survey
Record should be carried out in the following method
in the areas where the Town Planning Scheme has
been finalised.
1. Whenever the Government directs to introduce City survey
under Section 95/131 of the Land Revenue Code upon
implementation of the Town Planning Scheme, property
card should be prepared as per final plot and maps as per
the records of the Town Planning Scheme and should be
implemented directly after promulgation.
 627

2. If the Government gives approval to introduce City Survey

after 10 to 15 years from the implementation of the Town
Planning Scheme, the maps should be prepared by
measuring the boundaries of the final plots as per the
schemes finalised primarily under Section 65 of the Gujarat
Town Planning and Urban Development Act, 1976 as per
the later division and if the land or flat is private property,
not belonging to Government of Municipal Corporation,
details of the same should be obtained with the help of a
private agency in the format prescribed by the Settlement
Commissioner property-wise or flat-wise and the Hak
Chokshi Officer should register his decision in the Inquiry
Register. Such record should be kept open for the property
holder. If any objection is raised, procedure as mentioned
in Para 88 to 129 should be followed for such disputed
properties only and decision should be written directly in
the record in all other cases and the record should be
implemented.‟‟

7. Establishment and Job Chart: -

City Survey establishment functions as follows at the district
level.
District Collector

Deputy Director (Land Prant Officer

Records) or
Superintendent (Land Records)

Administrative and Financial Financial (Revenue Income)

 628

(relating to expenditure) issues, and Legal matters, Government

Establishment, Planning, Fees Revenue (NA Assessment),
(all), Inquiry, Copy Encroachment,
General Supervision Land Grant, Lease, Record of
Right, Appeal, Re-inquiry

Shirastedar (Administration) Maintenance Surveyor

(Record of Right and others)

Junior Clerk, Copy Clerk Peon

Overall, the City Survey Offices are very important offices

of the administration of Settlement Commissioner, maintaining
Record of Right of Government properties, Government revenue
etc. of the City area. District Collector and Prant Officer are the
officers functioning under the direct control of this Office for the
administration of land.
 629

Chapter -31
Mines-minerals operation and Powers

Gujarat state has abundance of varieties of mineral wealth from

geological point of view. Minerals are divided into two part-major
minerals and minor minerals. Minerals useful for construction and
declared by Central Government by notification as minor are said to be
Minor minerals, while remaining all minerals useful for industrial
purpose are called „Major minerals, Lignite, lime stone, bauxite, china
clay, dolomite, fluorspar, silica sand, base metal, volestonite, agate,
perlite, gypsum, manganeze, quartz, chalk are major minerals in the
state, while building stone, sand stone, black trap, moorum, quartzite,
granite, marble, bantonite, sand, gravel, pebble, simple clay, brick clay
etc. are minor minerals. At present 33 major minerals and 17 minor
minerals are manufactured in the State.

Administrative functions at district level for major and minor

minerals are performed under direct supervision of District Collector
since 1-4-1971. District office of mines and minerals department of
collectorate looks after the work.

Central Government has enacted „Mines and Minerals

(Development and regulation) Act, 1957 for development and regulation
of minerals. The state government sanctions reconnaissance permit/
research licence/ mining lease of major minerals under Mineral
concession Rules, 1960 framed under section 13 of the Act, while state
government has framed Gujarat Minor Minerals Rules, 1966 to sanction
quarry lease/quarry permit/ quarry licence under powers vested in State
Government under section 15 of the Act, according which District
Collector decides these a competent authority. Commissioner, geology
and Minerals is empowered to sanction lease of granite minor leases.
 630

Mineral Branch of the collectorate has to make demands for various

concessions of major and minor minerals. In view of demands, the
District Collector has to prepare reports on surplus lands and District
Geologist has to prepare technical report and submit them to competent
authority for final decision.

District Collector has to play an important role at various levels of

administrative work and development of precious mineral wealth of the
state. The work has been divided into mainly following three parts:

1. Applications for various concessions of major and minor minerals

are accepted in Mineral Branch, their reports on surplus lands and
technical reports are submitted to competent authority and
take/cause to be taken decisions.

2. Right from agreement of concessions of major and minor

minerals to administration of lease sanctioned by competent
authority viz. recovery of royalty, inspection of lease, observance
of conditions of agreements.

3. Keep eye on unauthorised minerals excavation, transportation,

storage etc. in the district.

In order to bring transparency at every stage and in order to

make operations speedy and competent at every stage, the state
government has declared Gujarat State minerals policy, 2003.

The District Collectors have been empowered to perform

these functions under mineral laws/rules. Effective
implementation of these powers may substantially contribute in
development and excavations of minerals and revenue income
and may effectively prevent unauthorised activities in the district.
 631

Detailed discussion of functions and powers of the District

Collector regarding mines and minerals at district level are as
under :

1. Work regarding minor minerals :

Gujarat Minor Minerals Rules, 1966 provides sanction of quarry

leases/quarry permits/ quarry licences for excavation of minor
minerals. District Collectors have been declared as competent
officers to sanction quarry leases/quarry permits of all minor
minerals except granite and quarry licences for lime-stones, black
trafs, sand stones and building stones and ancilliary proceedings
thereon.

Prescribed forms to obtain quarry leases/quarry permits/

quarry licences of minor minerals, prescribed fees, timeliness and
details of competent officer for decisions.

Procedure Quarry lease Quarry Quarry permits

licences
1 2 3 4
To whom to District District Dist. Collector/
apply? Where to Collector, Collector, Dist.
apply. Mineral Branch Mineral Branch Development
Officer, Mineral
Branch

In which form Prescribed form Form prescribed Prescribed form-

to apply? –A by Dist. T.
Officers on
plain paper.

Application 5.250 (areas less 5.50 (upto 1000 5.50 – rates per
fees. than five sq. meters 5.100 500 m. tones or
hectares) 5.500 (Area more than its part.
(areas more than 1000 sq. meters)
five hectares or
 632

more)

Enclosures of Applications Applications Applications

Applications should be should be should be
submitted in submitted in submitted in
triplicate with triplicate with triplicate with
enclosures. enclosures- enclosures.
Application in Applications in Applications in
prescribed prescribed prescribed
forms. forms. forms.

(1)Original In the areas (1) Original

chalan of having declared for chalan of having
paid prescribed licence by paid prescribed
application fee. competent application fee.
officer, miners
(2) Map working by self (2) Map
showing area of labour shall showing area of
demand, apply on plain demand,
showing North paper original showing north
direction and chalan of direction and
scale having paid scale
measurement. prescribed measurement.
application fee.
(3) Copy of (3) Copy of
extract of 7/12 extract of 7/12
(4) Copy of (4) Copy of
power of power of
attorney of attorney, if
attorney holder attorney holder
has signed. has signed.

(5) If it is (5) If it is
company, copy company, copy
of constitution. of constitution.
If partnership If partnership
firm, copy of its firm, copy of its
document. document.

(6) Consent (6) Consent

letter of letter of
possessor in possessor in case
case of private of private lands.
lands.
 633

Acknowledge- Form – B - -
ment of
application
,

Competent District District District

officer to take Collector collector Collector/
decision (except granite) (Provision to District
sanction lime Development
stones, black Officer.
traps, sand
stones and
building stones
licences only)

Time-limit to One Month - One month

get opinion
regarding
surplus land
from
Mamlatdar.

Time-limit to One month - 15 days.

submit technical
opinion from
geologist.

Time-limit to One month One month 15 days.

dispose
application by
competent
officer.

Time-limit to One month One month 15 days

dispose
application by
competent
officer.

Total time-limit Three months One months 1½ months

to dispose
application.
 634

Maximum areas 50 hectares 2000 sq. meters Not fixed but

to be maximum
sanctioned. quantity 4000
M. tones as per
sanctioned
quantity.

Maximum General Sand, One year (From Three months

period of Gravel, pebble- January to
sanction Three years December
other minor
minerals-Ten
years.

Security deposit Per hectare or Rs. 100 -

its part.

Rs. 1000
maximum
Rs.10,000

Agreement Within three Sanction in Sanction in form

months in form- form H H J
D

Renewal Application for In the forms No provision for

renewal in prescribed by renewal.
form- F District Officer.

When to apply Before 6 Before -

for renewal months of completion of
expiry of period time-limit of
licence

Time-limit to Six months One month -

dispose renewal
application

Maximum limit Three years May be -

available under under one renewed for one
renewal renewal for year. Renewal
sand, gravel, for three years
pebble, total 12 maybe available
years for all for all renewals.
 635

renewals.

Transfer Transfer is No provision of No Provision of

made by prior transfer ` transfer
sanction of
commissioner
on payment of
transfer fee of
Rs. 1000 for
first two
hectares or Rs.
1000 for
additional two
hectares of 12.5
percent of price
of dealings.

Appeal Of dissatisfied If dissatisfied If dissatisfied

with the order with the order with the order of
of the of the competent
competent competent officer, within
officer, within officer, within 60 days of
60 days of 60 days of receipt of order.
receipt of order receipt of order.
Appeal may be Appeal may be
made to Appeal may be made to the
Additional made to Additional
Director Additional Director(appeal),
(Appeal), Director, geology and
Geology and (Appeal), Mining Dept.,
Mining Dept., Geology and Gandhinagar by
Gandhinagar by Minerals Dept., payment of Rs.
payment of Rs. Gandhinagar by 250 as appeal
250 as appeal payment of fee in form „L‟
fee in form „L‟ Rs.250 as in triplicate.
in triplicate. appeal fee in
form „L‟ in
triplicate.

Revision If dissatisfied If dissatisfied

with the order with the order
of Additional of Additional
Director, Director,
revision revision
application may application may
 636

be made to be made to Dy.

Deputy Secretary
Secretary, (Mines),
(Mines) Industries and
Industries and Mines
Mines Dept., Department,
Sachivalaya, Sachivalaya,
Gandhinagar by Gandhinagar by
payment of Rs. payment of Rs.
250 as appeal 250 as appeal
fee in form „L‟ fee in form „L‟
in triplicate in triplicate
within 60 days within 60 days
of receipt of of receipt of
order. order.

Government policy to sanction research licences and quarry

leases of granite and marble minor minerals.

1. On coming into force „Granite conservation and

Development rules, 1999‟ of Central Government for
granite minerals and „Marble Development and
Conservation Rules, 2002 of Central Government for
minerals for areas in which research was undertaken
previously or otherwise their existence are proved may be
sanctioned directly.

2. Otherwise, it is obligatory to obtain first research licence.

3. There is provision to sanction research licences for

maximum period of two years.

4. There is provision to sanction maximum area of fifty

hectares and minimum one hectare and four hectares
respectively.

5. Applications for prospecting licences and quarry leases for

granite and marble minerals are to be made to the District
 637

Collector under general provisions of Gujarat Minor

Minerals rules, 1966.

6. Commissioner, geology and Mining Department,

Gandhinagar is competent officer to sanction quarry lease
of granite mineral, while District Collector is competent to
sanction quarry leases of marble mineral with prior
sanction of government.

7. If anybody is dissatisfied with the order of commissioner,

there is a provision to apply directly to Industries and
Mines Department of Government.

8. Mining plans of granite and marble minor minerals shall be

prepared by Mining Engineer or Geologist and got
sanctioned by Deputy Director, geology and Mining
Department.

9. All the provisions of Gujarat Minor Minerals Rules, 1966

shall continue to apply to both the minerals except where
the provisions of G.D.C.R, 1999 and M.D.C.R. 2002 differ.

10. Quarry lease may be sanctioned upto 30 days and renewal

for twenty years may be made at a stretch. Lease
agreement, recovery of royalty, lease inspection,
observance of conditions of agreements etc. are included in
ancillary procedure of quarry leases/quarry permits/ quarry
licences of minor minerals. District Collectors have to keep
vigil to see that there is no unauthorised excavation,
transport or storage.

In the cases where period of lease has expired or it has been

cancelled, possession of the lands should be resumed to
government and to obtain opinion of District geologist whether
 638

minerals are still available and declare the area available again for
mines and minerals, again sanction lease and collector should see
that income of Government continues.

2. Work regarding major Minerals.

There is provision to sanction three types of concessions in major

minerals.

1. Reconnaissance permit
2. Prospecting licence
3. Mining lease.
Object of reconnaissance permit is for primary research,
while prospecting licence is for detailed mineral research. Mining
leases are for excavation of minerals.

The Central Government has made Mineral Concession

Rules, 1960 for sanction and regulations of concessions of major
minerals under section 13 of Mines and Minerals (Development
and Regulation) Act, 1957, according to which State Government
(Industries and Mines) Department is competent authority for
disposal of applications for R.P./ P.L./ M.L. The State
Government sanctions concessions of specified major minerals
under schedule-I of the Act. by obtaining prior sanction of the
Central Government.

District Collector is not competent authority to take

decisions on demands of major minerals, but accepts the
applications on behalf of government, scrutinizes them, sends
reports on surplus lands, technical reports by Commissioner,
Geology and Mining Department. To submit them within time-
limit to State Government and to undertake ancilliary procedure
 639

by District Office of Geology and Mining Department under

direct supervision of Dist. Collector.

Details of prescribed forms, prescribed fees, procedure,

totally time-bound programme and competent officer regarding
R.P./P.L./ M.L. of major minerals are as under :

Item of Reconnaissance Research Mining lease

Procedure permit licences
1 2 3 4
To whom to It should be It should be It should be
apply? Where to addressed to addressed to addressed to
apply. Secretary, secretary secretary,
Industries and Industries and Industries and
Mines Mines Mines
Department, Department, Department,
Sachivalaya, Sachivalaya, Sachivalaya,
Gandhinagar Gandhinagar Gandhinagar
and presented to and presented to and presented to
District Dist. Collector Dist. Collector
Collector in in triplicate. in triplicate.
triplicate.

In which from In prescribed In prescribed In prescribed

to apply? form - A form-B, for form -I, for
renewal in renewal in
prescribed prescribed
form-E form-J

Application At prevailing At prevailing At prevailing

fees. rate. At present rate. Rs.250 for rate, Rs. 2500
Rs. 5 per Sq. first sq. kilo application fee
Kilometer. meter of its part. and Rs. 1000 as
Additional rate deposit for
Rs. 250 per sq. preliminary
kilometer. expenditure.

Enclosures of Application in Application in Application in

Applications prescribed form prescribed form prescribed form
with following with following with following
enclosures: enclosures: enclosures:

(1) Original (1) Original (1) Original

 640

Chalan of Chalan of Chalan of

having paid having paid having paid
prescribed prescribed prescribed
application fee. application fee. application fee.

(2) Map (2) Map (2) Map

showing area of showing area of showing area of
demand demand demand
showing North showing North showing North
direction and direction and direction and
scale scale scale
measurement. measurement. measurement.

(3) Certificate of (3) Copies of (3) Copies of

affidavit of „no- extracts of 7/12 extracts of 7/12
mining dues.‟ of areas of of areas of
demand; demand;
(4) Affidavit of
having paid (4) Affidavit or (4) Affidavit or
Income tax. certificate of „no certificate of no
mining dues‟ mining dues.
(5) Affidavit
showing details (5) Affidavit of (5) Affidavit of
of areas having paid having paid
demanded or Income tax. Income tax.
held under
mineral wise (6) Affidavit (6) Affidavit
R.P. in the state. showing details showing details
of areas of areas
(6) If it is demanded or demanded or
company, copy held under held under
of constitution. mineral wise mineral wise
R.P. in the state. R.P. in the state.
(7) If it is
partnership firm, (7) In case of (7) In case of
copy of private land, private land,
document; consent letter of consent letter of
possessor (May possessor (May
(8) If power of be presented be presented
attorney holder after agreement after agreement
has signed, copy but prior to but prior to
of power of entry into lands) entry into lands)
attorney if
signed by (8) If it is (8) If it is
attorney holder. company, copy company, copy
 641

of constitution; of constitution;
If it is If it is
partnership partnership
firm, copy of firm, copy of
document. document.

(9) If power of (9) If power of

attorney holder attorney holder
has signed, copy has signed, copy
of power of of power of
attorney. attorney.

Acknowledge- In form „D-1‟ In Form „D‟ In form „D‟

ment of
application

Competent Secretary, Secretary, Secretary,

officer to take Industries and Industries and Industries and
decision Mines Mines Mines
Department, Department, Department,
Sachivalaya, Sachivalaya, Sachivalaya,
Gandhinagar, Gandhinagar, Gandhinagar,
State State State
Government Government Government
sanctions sanctions sanctions
minerals minerals minerals
specified in specified in specified in
scheduled- I scheduled- I scheduled- I
after obtaining after obtaining after obtaining
prior sanction of prior sanction of prior sanction of
Central Central Central
Government. Government. Government.

Time-limit to 2 months 3 months 4 months

express opinion
for surplus land
at district level
by commiss-
ioner to
government.

Time-limit to to 2 months 3 months 4 months

present
technical
 642

opinion from
district level to
Commissioner.

Time-limit to 2 months 3 months 4 months

present
technical and
surplus land
from Commiss-
ioner level to
government.

Time-limit to 2 months 3 months 4 months

for final
decision by
Industries and
Mine
Department.

Total time-limit 6 months 9 months 12 months

to dispose
application.

Maximum areas 10,000 Sq. 25 Sq. 10 Sa.

to be Kilometer Kilometer Kilometer
sanctioned.

Maximum limit - According to Minor Minerals

of sanction minimum limit deposit 1
of mining lease. hectare, beach
sand of plaser-2
hectares; other
mineral
deposits-4
hectares.

Maximum limit 3 years 3 years, then After 30 years,

of sanction after may be may be renewed
renewed for two on 20 years
years. norms.

Security deposit Rs.20 per Rs.2500 per Rs. 10,000/-

to be paid prior sq.meter or part sq.meter or part
to agreement. thereof thereof
 643

Agreement In three months In three months In six months in

in Form „F-1‟ in Form „F-1‟ Form „K‟

Mining Lease No provision for May be Maybe

Transfer transfer transferred with transferred with
prior sanction of prior sanction of
State State
Government. Government on
On payment of payment of
transfer fee of transfer fee of
Rs. 500/-. Rs. 500/-.

Appeal revision If you are If you are If you are

dissatisfied with dissatisfied with dissatisfied with
the order of the order of the order of
competent competent competent
officer, Rs. 5000 officer, Rs. officer, Rs.
maybe paid by 5000 maybe 5000 maybe
draft or chalan. paid by draft or paid by draft or
There is a chalan. There is chalan. There is
provision to a provision to a provision to
appeal make appeal make appeal make
revision to revision to revision to
Mines Mines Mines
Department of Department of Department of
steel and Mines steel and Mines steel and Mines
Ministry, Ministry, Ministry,
Central Central Central
Government in Government in Government in
Form „N‟. Form „N‟. Form „N‟.
Appeal/revision Appeal/revision Appeal/revision
is to be made in is to be made in is to be made in
copies equal to copies equal to copies equal to
number of number of number of
impleaded impleaded impleaded
parties. Demand parties. Demand parties. Demand
draft should be draft should be draft should be
enclosed in enclosed in enclosed in
favour of Pay favour of Pay favour of Pay
and Account and Account and Account
officer, officer, officer,
Department of Department of Department of
Mines, New Mines, New Mines, New
Delhi OR Delhi OR Delhi OR
 644

Treasury chalan Treasury chalan Treasury chalan

should be under should be under should be under
the head 0-853 the head 0-853 the head 0-853
Non0ferrous Non0ferrous Non0ferrous
mining and mining and mining and
metallurgical metallurgical metallurgical
Industries, 102- Industries, 102- Industries, 102-
Mineral Mineral Mineral
concession fee, concession fee, concession fee,
rent and rent and rent and
royalty”. royalty”. royalty”.

When government decides to sanction mining lease of

major minerals, firstly the applicant is informed and asked to
fulfill the conditions. In the condition, the applicant has to get
prepared mining plan and mining closure plan and has to get it
sanctioned by the authorised officer of State Government or
I.B.M. according to categories. Environmental clearance has to be
obtained for five hectares or more area. Moreover, the applicant
has to pay research expenditure and has to produce its chalan.
When it is informed to government that conditions are fulfilled,
the government issued detailed order of sanction of mining lease.

After sanction of mining lease, it should be got measured

by D.I.L.R. office of the area sanctioned at district level, get
certified maps, pay stamp duty and execute lease agreement. Then
Mamlatdar hands over possession of the area and has to inform
the concerned departments of Central Government and State
Government. Vigil is to be kept to see whether leasee works
according to the condition of lease agreement and whether royalty
is paid in time. In the cases of breach of agreement, notice of sixty
days is given and report is to be submitted to government for
further action of compliance or non-compliance of the lease.
 645

If the period of mining lease is over or is revoked, the area

is resumed to the government and opinion of the District
Geologistis obtained whether the minerals are yet available and
proposed to government to declare the area reavailable for mines-
minerals.

Express opinions of surplus lands under demands of

leases/permits/ licences of minerals.

R.P./ P.L./ M.L. applications of major minerals and

applications of quarry leases/ quarry permits are accepted by
mineral Branch of District Collectorate. Out of these demands,
revenue report for surplus land from Mamlatdar is sought, in
which explicit opinion is to be given by Mamlatdar including
details in prescribed check-list as to whether area demands may
be available.

When the demand is for gauchar area, report is to be given

on the basis of gauchar area and number of animals and
resolution/opinion of concerned Gram Panchayat. Report is to be
obtained along with opinion of Gram Panchayat/ Gram Sabha for
demand of minor minerals in scheduled areas.

Opinion of Mamlatdar is to be obtained within thirty days

on surplus land, which is to be checked by District Collector and
if his report is submitted to the competent officer, the applications
may be disposed within time-limit and government may continue
to earn there from.

If the area of demand is forest area, opinion of Forests

Department is to be obtained in prescribed form and to be
submitted to the competent officer in time.
 646

When lease is sanctioned, the collector executes agreement.

One copy of agreement along with map is sent to the Mamlatdar.
Mamlatdar has to hand over possession of leased area to lessee
and to note it in revenue records. If the possession is handed over
late after agreement, the lessee may not operate mining work and
government may not accrue any income.

If lease is revoked/surrendered, Mamlatdar is to be

informed to take possession of leased area again. If minerals are
still available in the area, notification is issued to declare that the
area is again available for mining operation. When the area is
again given for mining, income from royalty continues to the
government forth with.

4. To show mineral- abundance areas in the extract of 7/12.

With a view to exercise care in the management of natural

wealth of the State, minerals- abundance areas situated in the
State and minerals included therein should be mentioned in the
revenue record. It has been decided to show mineral abundance
areas into village form No. 7 as per Mineral Policy of the State,
2003. In pursuance thereof instructions have been issued to
District Collectors and concerned persons vide Government
circulars No.RM-102004-180-B-1 dated 26-2-2004 and 13-7-
2004 of Revenue Department. In remarks column in 7/12, mineral
wealth should be shown. It includes instruction to obtain „no
objection certificate‟ of geology and Minerals Commissioner. By
implementing them development of minerals will get fillip.

Prevention of illegal excavation/transport/storage.

The State Government has rights of mines and minerals in

the state. Any person/ firm/ company may not carry out research
 647

or mining operations without obtaining legal sanction under

Mines and Minerals (Development and Regulation) Act, 1957 and
rules made there under viz. M.C.R. 1960 and Gujarat Mines and
Minerals rules, 1966. Any act done without obtaining sanction
under laws and rules is considered illegal. The Collectors have
been empowered to take steps against defaulters under Mines and
Minerals (Development and Regulation) Act, 1957 and rules
made there under.

Powers under Mines and Minerals (Development and Regulation)

Act, 1957.

Excavation of minor minerals, taking out, removal and

transport them without legal permission is said unauthorised.
Similarly, mining or research activities without obtaining
authorised permission are considered unauthorised. It is a crime
for breach of conditions of sections 4(1) and 4(1)(A) of the Act.
The District Collector has been empowered to take following
measures under section 21 for his jurisdiction:

1. If any person entrudes into any area against the provision of

section 21(3) of the Act, Government has authorized the
collector for areas under his jurisdiction to remove such
ntrusion by taking help of police vide Government
Notification, Industries, Mines and Power Department No.
G.U.-74-78-MCR-2168-7740(1)-Chh dated 16-9-74.

2. If any person excavates minerals, transports them and uses

any vehicle or other things from anyplace without lawful
authorisation under provisions of section 21(4) of the Act,
the Collectors have been empowered to confiscate such
minerals, implements, vehicles or other things vide
 648

Government Notification No.GU-89-19-MCR-2188-(53)

GOI-428- Chh dated 1-4-1989.

3. If any person excavates minerals from any place without

legal authorisation under section 21(5) of the Act, the
Collector has been authorized to recover minerals from him
or if he has disposed them to recover price of minerals from
him or to recover rent, royalty and tax from the defaulter
vide Government Notification No. GU-74-90-MCR-2168-
7740(3)-Chh dated 16-9-1974.

4. If the defaulter agrees to have committed crime and request

for compromise, the collector has been authorized to
compromise, the case on recovery of price of minerals plus
royalty. Amount to be recovered is decided by the
Commissioner. All offices are informed accordingly.

5. The State Government has been empowered to make rules

to prevent unauthorised mineral excavation, transportation
and storage in the state vide Central Government
notification dated 20-12-1999 under section-23 of Mines
and Minerals (Development and Regulation) Act, 1957.
The State Government has implemented Gujarat Minerals
(Prevention of illegal mining transportation and storage)
Rules, 2005 since 26-10-05. The Collectors have been
vested following powers to take steps under his jurisdiction
vide G.R., Industries and Mines Department No.GU-12-
MIS-112000-GOI-4- chh dated 29-8-06.

a. Powers to transportation, checking andif found

unauthorised to confiscate under rules 6 and 7;
 649

b. To try court cases, to recover price of minerals and to

confiscate means and minerals under rule 13;

c. If defaulter Confesses his crime and request for

compromise, he may pay the decided amount and has
been authorized to compromise under rule 13;

d. To confiscate minerals and implements under rule 17

and to release them on bond under rule 18;

e. He has been empowered to enter into and inspect, search

any place and to confiscate for unauthorised excavation,
transportation and storage under rule 19.

A State level Task Force has been formed under the

chairmanship of Additional Chief Secretary, Industries and
Mines Department to review checking of unauthorised
Mining activities in the State under G.R., I and M
Department N. MCR-1105-GOI-28-Chh dated 19-9-2005.
Task force has been formed at district level under the
chairmanship of District Collector, in which Deputy
Collector (Revenue) District Forests officer, Pollution
officer and Transport officer are included. District
Geologist is its Member Secretary. Meeting of Task force is
held every month, wherein details of unauthorised activities
are coordinated and reviewed. Moreover, details of action
taken has been sent to State level Task Force officer.

6. Arrears of minerals to be recovered as arrears of Land

Revenue.

System to take in advance royalty from lessee is in force. If

the lessee does not manufacture and dispose minerals during the
year, he has to pay deed rent. Royalty or deed rent, which is
 650

higher is to be recovered from lessee. Moreover, surface rent is

also recovered at prescribed rate of leased area per annum.

If the lessee does not pay dues of royalty, deed rent, surface
rent of lease of minerals, the competent officer may issue show
cause notice and take action to recover it. However, of such dues
as well as dues raised on account of unauthorised excavation are
not paid, proceedings are made to recover them as arrears of land
revenue. District Collectors have been empowered to recover
from them under Notification No.GU-132-MCR-2170(48)-1532-
Chh dated 25-3-1970.

7. Land Acquisition, Compensation and Auction.

Collector plays role in the procedure of Land acquisition

for leases of minerals is made under Land Acquisition Act,
procedure to detenureine compensation and also in procedure of
disposal of stock of minerals by auction.

8. District Collector has all powers of Inspector of Mines and

Ex-officio District Magistrate under Section 6(3) of Mines Act,
1952.

(1) As powers vested in District Collector under Gujarat Minor

Minerals Rules, 1966 and M.M.D.R. 1957 are statutory
powers they may not be transferred to other.

(2) If any area is given once as quarry lease and permit by

sanction of Revenue Officer under Gujarat Minor Minerals
Rules, 1966, sanction of Revenue Officer shall not be taken
again for renewal of quarry lease or for permit again such
decision was taken with concurrence of Revenue
Department. It has been intimated vide letter No. MCR-
2166-26175-Chh dated 28-10-1966.
 651

(3) If there are more than one demand for the same area, all the
applications need not be sent to Mamlatdar for opinion of
surplus land. Only one application may be sent. Report
shall be obtained not regarding person but for area.

(4) When agricultural lands are to be used for mining or to

draw out minerals, sanction is to be obtained N.A. use.
According to Mines and Minerals (Development and
regulation) Act, 1957, if mining lease and quarry lease are
granted and sanction for N.A. use has been sought under
section 65 of Land Revenue Code, N.A. sanction shall be
invariably given but it shall coincide with lease period.

(5) Opinion of Panchayat is to be obtained for lease

applications in lands vested in Panchayats. If opinion is
sought from Panchayat, the Panchayat shall give its opinion
within twenty days. If the opinion is not given with time-
limit, it should be presumed that it has been granted.

(6) Opinion of Panchayat is necessary for demands of gauchar

area. Gram Panchayat may have refused to release area for
lease, while Gram Panchayat has taken positive view on
application of other. In such cases decision is considered
immature and it is rejected. Again the area is declared
available and applications are processed.

(7) Before sancting quarry leases/quarry permits or licences in

scheduled areas, it is obligatory to obtain recommendations
of Gram Panchayat.

(8) According to G.R., I.M.P. Deptt., No. MCR-2166-21516-

Chh dated 15-9-1966, applications for minor minerals
should be disposed within a period of eight months. Such
 652

applicants whose applications have not been decided within

eight months,may consider their applications have been
rejected under rule 38 of Gujarat Minor Minerals rules, and
may make appeal/ application to the additional Director,
Geology and Mining Department, Gandhinagar.

(9) There is no provision to give opportunity to hear personally

before rejecting or revoking demand of quarry
lease/licence, but if the applicants request for it, it should
be given. Legal Department has advised to the Government
that if this is not done, it amounts to breach of principle of
natural justice.

(10) Area demanded as shown in map with original application

should be sanctioned after proper checking and clear map
of sanctioned area should be sent to District Land Inspector
for measurement. The competent officers have been
instructed vide Government circular, Industries Mines and
Power Department No. VSP-1067/3367-Chh to ensure that
area except that measured is not sanctioned and the area
other than sanctioned is not measured.

(11) Mining lease or quarry lease does not end with the death of
lessee, but survives for the benefit of his heirs. The name of
lessee is to be transferred and may apply for renewal also
like the applicant.

(12) It has been clarified by letter no. 16(24) 2001-MUI dated 9-

10-2001 that lease agreement has been made but if the
lessee has no physical or legal possession of lease, he is not
required to pay dead rent for such period.
 653

(13) As regards breach of conditions of agreement for major

minerals, District Collectors have been empowered to issue
notice of sixty (60) days under rule 27(5) of M.C.R. 1960
vide govt. notification, Industries, Mines and Power
Department No. GU 86/33/MCR-2186-21-3287 dated 29-
5-1986.

(14) Excavation, transportation etc. of minerals without

obtaining legal sanction is considered as theft of
Government wealth. Action may be taken against defaulter
under Indian Penal Code. A written complaint may be
launched under sections 4(1) and 4(1-A) of M.M.D.R. Act,
1957 and rule 5 of Gujarat Minor Minerals rules, 1966 and
proceedings may be initiated. He may have to pay price of
the minerals and penalty also.

(15) The District Collectors have been empowered to write off

the crimes on unauthorised and illegal mining. As regards
amount to be recovered and procedure, summary of various
orders has been circulated vide circular No.MCR-
1088/2153(1)-Chh dated 25-8-1988.

(16) District Collectors have been empowered vide Government

Resolution, Industries and Mines Dept. No. MCR-1099-
276-Chh dated 13-1-2000 for effective recovery of royalty,
prevention of illegal and unauthorised excavation and theft
of royalty and to requisite staff of other departments.

(17) For simplification of mineral administration in the district,

he has been authorized to transfer class-3 employees viz.
royalty inspectors, mines supervisors and naka clerk in the
district.
 654

(18) Competent officer is empowered to sell by auction the

minerals confiscated or resumed to government under
sections 165, 167 and 127 of Land Revenue Code.

(19) District geologist/Geologist works under direct control of

District Collector and is directly responsible to the
Collector. If the files of mineral branch are submitted to the
Collector through RDC, there is delay in decision/ disposal.
There is, therefore, no objection if the file is marked to
R.D.C. for opinion on land of collector feels proper.

District Collector is directly connected with administration

and development of minerals of the district. He has powers
according to Mines Act. and rules. Its effective implementation
may contribute excavation and development of district, recovery
of royalty and prevention of unauthorised activities of minerals
and in establishment of mineral-based industries
 655

Chapter -32
Prevention of fragmentation and consolidation of Holdings
Act, 1947.

1. Purpose and Implementation :

The Act known as prevention of Fragmentation and

consolidation of holdings Act, 1947 was implemented from 8-4-
1948 in old Bombay State. The Act. was extended to Saurashtra
and Kachchh since 1-4-1959. The Act. was extended to princely
states areas of Vadodara, Vansada, Dharmapur since 29-7-55. Act
like that of Bombay was in force in Saurashtra, but there were no
consolidation therein.

If agricultural lands are fragmented, the agriculture shall

not be profit-marking or efficient. In view of this, Act was
enacted to prevent fragmentation of holdings. Transfer of even
fragments is prevented except in certain circumstances. Moreover,
there is provision of consolidation of scattered lands. Rules of
1959 have been made under this Act which should be
implemented alongwith Act.

2. „Standard Area‟ and „Fragmentation‟

There is definition of standard area in Fragmentation of

holdings Act. in clause (10) of section 2 that the area which the
State Government may under section 5 decides from time to time
as minimum required area for gainful agriculture in any local area
may be said standard area. It has been decided in clause (4) of
section 2 that fragments of lands less than standard area in
„FRAGMENT‟. The land which is less than standard area of
„Fragment‟. The provisions of „Fragmentations of holdings‟ Act.
is for such fragments.
 656

To decide Standard Area :

Before deciding standard area, the State Government after

making proper enquiry and publishing notification in Gazette
declare any village, Mahal, Taluka or its any part as „Local area‟
for the purpose of law. (section 3)

Then, the State Government after making enquiry as it

deems fit, shall consult District Advisory Committee appointed by
it and other organizations will decide temporarily minimum area
which is capable for gainful agriculture and decide separate plot
for any class of land of any class in any local area.

It shall publish such area in gazette and invite objections

under sub-section (2) of section 4. It shall publish notification in
concerned taluka/Mahal in Gujarati Language, which has been
displayed for three months. If any objections are received within
three months from the date of publication of the notification,
Government shall decide standard area for land of every class
from local area after considering as above and after making
further enquiry as deemed fit. Such area shall also be notified in
Government gazette under sub section (3) of section 5.

The standard area is different from economic area.

Economic area is decided for different purpose on different
standards, while fragments of standard area is fixed for the
purpose of law \only.

Less land of standard area is called „fragment‟. Thus figure

of standard area is important such standard areas were declared
under sub-section (3) of section-5 in old Bombay State vide
notification No. 5869/45-7 dated 17th May, 1950. Accordingly
standard areas are as under in majority areas of Gujarat :
 657

Type of Land Area Gunthas

Dry Land 3 – 00
Paddy Land 0 – 20
Horticulture 0 – 20

Some parts of Mehsana, Viramga, Banaskantha are as under :

Dry Land 3 – 00
Paddy Land 0 – 20
Horticulture 0 – 20

Well-irrigated land has been included in horticulture for the

purpose of this law.

4. Method of entry of „fragments‟

When standard area is declared, the area of survey number

which is less than it may be considered „fragment‟. In order to
bring „fragment‟ into grip of law, it should be entered into record
of rights in prescribed manner. Method of entries in record of
rights has been laid down in Revenue Code and rules. According
to it public and personal notice should be issued, hearing of
objections and entry of „fragment‟ maybe certified. By doing so,
the existing fragments which are entered into record of rights may
be liable to bans of the law. Such entry has been made for
fragments in record of rights. In order to inform him, individual
notice under sub-section (2) of section 5 should be served to the
land-holder in the manner prescribed in section 191 of Land
Revenue Code. He should also be informed whether his land falls
under fragments restriction. According to the method of serving
notice in Land Revenue Code, notice may be served or delivered
to the respective person or his agent or affixing it at conspicuous
place. This notice is different from the entry of record of rights.
 658

Notice which is to be given for entry of fragments into record of

rights is notice under section 135-D. When entry in record of
rights is finally certified, notice under Fragmentation of Holdings
Prevention Act is given under sub-section (2) of section 6. After
getting such notice under sub-section (2) fragments holders may
not transfer it to other than the owner of recognized sub-division
of survey number or adjoining survey numbers as per restrictions
of Fragmentation law. Fragments may not be sold by order of the
court or by it. Land forming part of fragments may not be sold
(Section 14).

5. Entry of Existing Fragments.

As decided in section 7 of the Act, such registered existing

fragments may not be transferred or alienated to anybody other
than owner of adjoining survey number or owner of recognized
sub-division. However, such fragments may be transferred or
placed as security to state government or Land Development
Bank or any other Co-operative Bank to obtain loan. Inspite of
any type of agreement or deed, the fragments may not be given on
lease to tillers or anybody of adjoining land. Such type of ban is
found in sub-section (2) of section 7. Thus, the existing fragments
maybe transferred within this limit. There is no ban of transfer of
fragments by inheritance, because transaction by inheritance is
not voluntary transaction after death. Court may also not
distribute fragments. Land should not be divided in such a way
that there may be fragments (section 14). However, if fragment
holders dies and his heir may hold fragment is not contrary to
section 7.
 659

6. Provision in law for non-fragmentation :

For non-fragmentation of holdings, section 8 provides that

in any local area, division or transfer of land should be made in
such a way that „fragment‟ may not be created. „Fragments‟ are
on account of wrong method of division. One farmer may have 4
acres of land and when he divides four acres of land among his
three sons and if each of them insist for his part, there may be
fragments by division. Such fragments have been prohibited. It
has been explicitly laid down in section 7AA, fragments by this or
by proposal of transfer of land or by inheritance or otherwise
fragments of land shall not be made.

Among partners, cash compensation maybe given for the

land in his part but it should be ensured that there are no
fragments. Where divisions are to be made by the court or
collector such method shall be adopted that if there may be
fragments in division of land to sharer, land may not be given to
the partner, but price of land in his part shall be fixed as per
method to fix price in Land Acquisition Act and that amount shall
be paid in lieu of land. No division nor sale shall be made in such
a way that there may be any fragments of land (Section 14)

Where there is no unanimity as to who should hold land

and who should take compensation, the question will be solved by
drawing lots. If the parties divide the land without fragments, it
would be accepted. Even in inheritance division shall be so made
that there would not be fragments. It is clearly stated in section 8
and 8AA.
 660

7. Transfer of „fragments‟ for public purpose :

Section 8-A of Fragmentation of Holdings Act provides

that ban of sections 7, 8 and 8AA will not apply where fragments
are to be transferred for public purpose. In other words, transfer of
fragments is not prohibited for prescribed public purposes.

Government has prescribed following public purposes

under notification No. CON-1158/40675-M dated 14-4-1959.

(1) Public wells, tanks, canals, channels and other works for
flow of water, (2) Construction of Dharmashalas, Schools, Public
Dispensaries, Library and School compound (3) Construction of
roads, (4) Crematorium and cemetery, (5) Construction of
Latrines for public purpose by local organization. (6) Co-
operative Housing Society for construction of houses (7)
Construction of School for public purposes.

A persons who wants to transfer his land for public purpose

shall have to apply to the Government and if the collector satisfies
after enquiry, he may sanction such transfer.

8. Result of transfer of fragments ultra vires.

As decided in section 9, transfer of fragments and division

process leading to fragmentation shall be considered VOID.
Owners of such land shall be subject to penalty not exceeding Rs.
250 by the collector as decided by the State Government by
General order. Such penalty shall be recovered as arrears of land
revenue. The possessor of the fragments shall be driven out by
summary trial.

Consolidation :

Purpose of consolidation process and system for it.

 661

Purpose :

(1) Purpose behind consolidation is to prevent division of lands

on account of fragments of land and to improve it.

(2) Scattered lands of one person to be put into compact block.

(3) As the lands are compact, labour and agricultural expenses

will be saved and time will be used better.

(4) Improved agricultural practice shall be easily adopted in

compact and consolidated lands.

Consolidation system is as under :

Government shall first of all publish notification in Government

Gazette that government at its own or by public demand wants to
introduce consolidation scheme in certain villages, talukas,
mahals and in the areas under its jurisdiction (Section 15).

When the notification under section 15 is issued, the

collector shall forth with publish the details of notification in
concerned villages and shall declare in each village by beating
drums. Such publicity shall be at taluka office, village chavadi
etc.

Government shall simultaneously appoint consolidation

officer for consolidation scheme. His work shall be to prepare
consolidation scheme. The consolidation officer after sufficient
publicity shall go to village, shall discuss with land holders and
village committee and prepare consolidation scheme. In preparing
scheme, the consolidation officer shall keep in view as to how
many blocks are to be made and of how much land. How are the
new plots given and what are the recommendations of the village
committee. In this scheme, payment of compensation shall be
 662

included for exchange of land. The scheme shall include mainly

following issues according to rule 9 :

(1) Village map, which shall show existing survey numbers and its
sub-division, recognized roads, cart way, pedestrian way and
land for other public purposes.

(2) Another village map, in which red lines will be drawn to show
that how the above issues will be changed on account of
scheme.

(3) Record of rights shall be updated, which shall have statement

showing names of land holders, title, area, assessment, land
tenure etc.

(4) A statement, which shall show new constituted block which

are proposed to be given to land-holders.

(5) Details of compensation to be paid or to be recovered for

exchange of lands in making block.

(6) Consolidation of public roads, which have been included in

scheme under sections 17 and 18.

(Section 17 is for amalgamation of public roads, section 18

is for cancellation of assignment for appointed land or for
making new assignment.

Publicity of Draft Plan :

When such scheme is prepared, the consolidation officer

shall give it wide publicity in the village. The person who is
affected thereby shall send his objections to the consolidation
officer within 30 days of its publication. The consolidation officer
shall consider such objections and if he feels proper to make
 663

change in it and submit it to the Settlement Commissioner with

his remarks.

Method of Publicity : Publicity of such notice shall be affixed in

chavadi and by beating drums. (Rule 14)

Settlement Commissioner shall take into consideration the

objections and submit the scheme to the Government with his
remarks. The State Government shall after considering objections
shall sanction or reject the scheme.

If the scheme is sanctioned the State Government shall

notify it in State Government Gazette in the form it has been
sanctioned. It shall be notified in every village. If 2/3 of the land
holders agree to exchange the possession of the land, the
consolidation officer shall allow them to do so from the date
which he prescribed.

If 2/3 land-holders do not agree to exchange possession, the

persons to whom the lands have been given, shall take possession
of the lands in new agriculture year after the date of publicity of
the scheme.

The consolidation officer may remove anybody from the

land summarily for implementation of the scheme. (Section 21) In
short, this is system of consolidation. According to Kapoor
Committee report, such schemes are implemented in two-three
years particularly between the publicity of draft and final
sanction, much time passes.

Restrictions on land for notification of intention to prepare

Consolidation Scheme.

As laid down in section 27, from the date the consolidation

officer undertakes to prepare scheme under section 15 till the
 664

proceedings are completed, that is, till the scheme is

implemented-

(i) No proceedings under section 153 or 155 of Land Revenue

Code shall be done (Section 153 is regarding resuming of
land for arrears of land revenue, while section 155 is
regarding sale of rights and interest in immovable property
in case of default of land holder;

(ii) Award prescribed under Bombay Cooperative societies Act

shall not be served;

(iii) Awards under Debt. Redemption Act. shall not be served;

(iv) No proposal of Civil Court regarding land shall be served;

(v) Land shall not be divided or sub-divided;

(vi) The land shall not be transferred.

As these restrictions are for about two years, the scheme

has become repulsive.

Restrictions on New blocks after Consolidation Scheme.

As laid down in section 31 of consolidation Act, any land

allocated under the Act. or part thereof shall not be sold, gifted,
exchanged or leased or otherwise alienated for serving decree of
civil court or recoverable as arrears of land revenue. No sub
division shall be made except written permission of the State
Government. (or by decree or order of any competent officer). It
has been decided in rule 27 that blocks maybe transferred with the
permission of the collection. Application should be made to the
collector. Permission of the State Government should be sought
from State Government.
 665

It has been provided in section 28 that the land allotted

under consolidation shall have same rights which it had in
original department, while these rights have been restricted in
section 31. Transfer or division against section 31 have been
nullified (section 9).

In section 31, the State Government has made amendments

from law No. 9/79 and those amendments have been effected
since 29-3-79. By these amendments provision of clause (B) of
sub section (1) of section 31 has been amended. Powers to give
permission to the collector. Sub section (2) has been newly added
and it has been provided that restrictions of sub-section (1) of
section 31 shall not obstruct where whole block or department is
transferred. That means there is no restriction to transfer whole
block. When block is sub-divided on account of inheritance, the
restriction shall of section 31(1) not obstruct the partition without
fragmentation, because Government declared in State Legislative
Assembly on that day that Government wants to revoke the
transfer of whole block. Now, restrictions of section 31 are
relaxed. Collector can allow division except in heritance. No
permission shall be required to be sought for whole Block. There
are no restrictions on co-shares by inheritance for their parts till
no fragment is created.
 666

Chapter -33
Gujarat Public Moneys (Recovery of Dues) Act, 1979
(No. 17 of 1979)

Act. to provide speedy recovery of certain type of dues to pay to

state Government State Financial Corporation, other corporations owned
by or controlled by State Government, Government Companies,
nationalized or other banks.

1. Short title, scope and commencement :

(1) This Act shall be known as Gujarat Public Moneys

(Recovery of Dues) Act, 1979;

(2) It shall apply to whole Gujarat State;

(3) It shall be effective from the date as decided by State

Government by notification in Gazette.

2. Definition : This Act, unless otherwise provided.

(A) „Agriculture‟ includes horticulture, crops, grass, growing of

orchard produces, animal husbandry, dairying, poultry
farming and animal breeding.

(AB) „Collector‟ includes officer appointed by State

Government to perform functionsof collector and to
exercise his powers. (This definition has been added by
ordinance No. 2/85 dated 9-1-85.

(B) „Corporation‟ means Gujarat State Financial Corporation

established under State Financial Corporation Act, 1951. It
includes any other Central Government or State
Government owned or controlled Corporations Specified
by State Government by notification in gazette.
 667

(C) „Bank‟ means – (i) Banking Company as defined in

Banking Regulation Act, 1949 (ii) Stae Bank of India
formed under State Bank of India Act, 1955, (iii) Assistant
Bank as defined in State Bank of India (Assistant Bank)
Act, 1959, (iv) Similar New Bank constituted under
Banking company (undertaking, acquisition and transfer)
Act, 1970. (v) Any Banking institute declared by Central
Government, under section 51 of Banking Regulation Act,
1949; (vi) Any other financial institute declared by State
Government as Bank for the purpose of the Act. by
notification is Gazette.

(D) Financial Assistance means financial assistance for –

(i) to establish, develop, modernize, renovate and run

any industrial undertaking or (ii) for purpose of vocational
training, or (iii) for development (iv) for purposes of
planned development of any type recognized by State
Government or (v) to give relief in calamities viz. fire or
serious drought, flood or other natural calamities (vii) to
cope up with the scheme managed by State Government
(vii) Any type of assistance for prescribed purposes.

(E) „Government Company‟ means Government Company as

defined in section 617 of company Act, 1956.

(F) „Industrial Concern‟ – the meaning of the word laid down

in State Financial Corporation Act, 1951.

(G) „Industrial Undertaking‟ includes any undertaking to

manufacture, preserve, store goods or process thereon or
for transport of passangers and good for mining and hotel
industries or for manufacturing and distribution of
 668

electricity or any other type of distribution or for any

undertaking for development of adjoining areas as
industrial estate.

Explanation : In words, „processing on goods‟ including

any technique or process on any goods by hand,
chemically, with electricity or other process and thereby to
produce, prepare or make any commodities.

(i) „Prescribed‟ means prescribed under the Act.

(ii) „State managed Scheme‟ means such scheme held by State

Government or officer authorized in this regard or adopted
for development of agriculture or industries or notified by
State Government or authorised officer by notification in
Gazetted.

3. Recovery of certain dues as arreas of Land Revenue.

(1) If any person, is a party to –

(A) Any loan, advance or grant paid as financial

assistance by State Government or Corporation or
Government company, as the case may or concerning
credit for goods sold or in any agreement concerning
purchase of goods, or

(B) any loan, advance or grant paid by Bank,

Government Company, or concerning credit
regarding credit or in any agreement concerning hire-
purchase under State managed Scheme; or

(C) Regarding Loan raised by any industrial concern, by

any agreement concerning Securities; or
 669

(D) any agreement providing that any money to be paid

to State Government or Corporation shall be
recovered as arrears of land revnue and such person

(i) fails to pay loan or advance or its instalment;

or

(ii) fails to refund grant or its part or its

instalments, when he has been held responsible to
pay refund of grant or part or any instalment; or

(iii) If he does not observe conditions of

agreement, in case of State Government such officer
who has been authorisd by notification in Gazette; in
case of corporation or Government company, its
managing Director; If there is no Managing Director,
its chairman whatever may be designation and in
case of Bank, its local agent with whatsoever
designation, may submit to the collector as early as
possible the certificate in prescribed form, showing
amount outstanding from such person and informing
to recover it as arrears of Land Revenue.

(2) On receiving the certificate, the Collector shall after inquiry

as he deems fit (including allowing the affected party to say
what he wants to do) initiate proceedings to recover it as
arrears of land revenue.

(3) When any amount is recovered under sub-section (2), it

should be paid to State Government Corporation,
Government Company or Bank, as the case may be.
However, the Collector shall deduct recovery expenditure
 670

as deems reasonable from the recovered amount except that

the amount is to be paid to the State Government.

(4) Claim to recover any such outstanding amount against any

person mentioned in sub-section (1) shall not be made to
Civil Court. Moreover, the Civil Court may not give stay
for any measures taken or to be taken under powers vested
by this section.

4. Exceptions :

(1) By anything in section 3 shall affect –

(A) Any mortgage, charge pledge or any borrowing shall

not affect interest of State Government, Corporation,
Company or Banks; or

(B) As regards indemnification made in any agreement

mentioned the section or as regards or guarantee
agreement or as regards any interest mentioned in
clause (a), the claim against any other person other
than that mentioned in the section shall not be
hindered. It shall not affect any other right or
remedy.

(2) When property of any person mentioned in section 3 in

favour of State Government, Corporation, Government,
Company or bank is subject to any mortgage, charge,
pledge or other debt –

(A) In every matter of pledge of goods, firstly action

should be taken to sell pledged goods. If proceeds of such
sale is less than the outstanding amount, to recover the
remaining amount procedure should be made as if they are
arrears of land revenue.
 671

(B) In every example of mortgage, charge or other debt

on immovable property, such property or interest of
defaulter therein shall be first sold as arrears of land
revenue in the procedure of recovery of outstanding
dues. If the collector certifies that there is no hope to
recover entire outstanding amount by the work
shown first within reasonable time, then only another
work shall be undertaken.

5. The Act shall not obstruct recovery of arrears of loan of

Banks under other laws.

Subject to the provisions of sub-section (3) of subject to the

provisions of sub section (3) of section 3, nothing in this Act shall
obstruct, as regards financial assistance paid to the farmer by
Bank, when the Bank is in position to recover law in force at that
time as regards securities for charges or mortgage raised by
farmer on any lands or interest therein in favour of bank.

6. Powers of State Government to make rules :

(1) State Government may make rules to implement provisions

of this Act, subject to the condition of notification in Gazette and
pre-publication.

(2) These rules shall be made for all following matters or any
matter without hindrance to scope of former powers :

(A) For any other purpose under sub clause (viii) of

clause (d) of section 2;

(B) For form of certificate to be sent under sub-section

(1) of section 3;
 672

(C) any other matter which may be prescribed or to be

prescribed.

(3) All the rules made under this section shall be placed to the
Legislative assembly, after they are made as early as
possible but within a period of thirty days. They are to be
placed in such a way that they shall be subject to additions,
alternation or omission by State Legislative in the
immediate next meeting.

(4) If the state Legislature may make any alteration or

omission, they shall be published in the Gazette and then
they shall be effective.

7. Interim Provisions :

All types of claims pending in the civil courts prior to

immediate commencement of the Act. shall cease with the
commencement. However, rights of State Government,
Corporations, Government companies and Bank shall have no
hindrance to recover any sum, which forms subject matter of
claim according to the provisions of this Act or other laws then in
force.
 673

Chapter -34
Recovery of Government Dues

Recovery of Land Revenue and other Dues.

Sections 68 and 136 of Land Revenue Code, 1879 provides for

dues of Land revenue and other revenue dues, section 68 suggests
following three points :

(K) As regards Land Tenure, Land may be held on condition to

pay revenue till the period for which definite time-limit as
has been prescribed to hold land;

(L) Where there is no time-limit in land tenure, land maybe

held permanently but land revenue should be paid
regularly.

(M) Observance of other conditions introduced in land tenure.

Thus land holder is responsible to observe the conditions of land

tenure, time-limit and to pay land revenue, otherwise he may lose
his right.

Section 136 : who is responsible to pay land revenue? The land

holder is firstly responsible to pay land revenue. It is a main
principle of law that when the land holder does not pay land
revenue, such amount may be recovered from the possessor or
tenant of the land. Such recovered amount is adjusted in the
accounts between holder and tenant.

What are arrears of Land Revenue?

When demand is on listed but not recovered is said arrears.

Revenue suspended shall not be considered as arrears. If it
 674

remains suspended next year it shall be part of demand of next

year and is to be recovered. What is demanded for current year?

Current year demand means assessment or revenue of

current year and suspended amount of any of the previous which
has been entered in current year as per crops estimate and sum of
both is demanded for current year. If the first person responsible
to pay land revenue does not pay land revenue, it maybe
recovered from possessor of the land.

Local Fund cess is recovered as joint land revenue and it

also gets priority with land revenue.

Section 139 (Rules 115, 116) : During revenue year commencing

from 1st August, revenue may be recovered at any time, but
generally in cases except where pre-basic remedies to be taken
shall be demanded after the date of instalment. As regards dates
of instalments, they are by 15th March for Kharif villages and 15th
April for Ravi villages. The collector may, in view of types of
crops in these dates, change as per local condition. Land revenue
of Rs.5/- should be paid in one instalment. Generally, there is no
provision for non-agricultural revenue. It is to be paid in one
instalement immediately after 1st August. No suspension is
allowed in such cases.

Recovery of Government dues are of following two types

according to chapter 11 of Land Revenue code :

(i) Local Fund cess, education cess, fine etc.

(ii) Recovery of „Revenue Recovery Certificates‟

received from various labour courts, industrial
courts, competent officers and Banks in the state.
 675

In the era of speedy development of to day, criteria of

progress of the state depend upon economic self-reliance. It has
been found from experience that recovery of government dues are
ignored and sufficient attention is not given to it on account of
burden of revenue and other work. Talati has to proceed as under
for recovery of revenue.

a. If the holder wants to understand the details of

outstanding, the Talati should explain it on the basis of
record.

b. If a person pays money for two separate holdings, he

should be given separate receipt for each holding.

c. If a third person other than holder pays amount of

demand for outstanding amount, he should be
compulsorily paid receipt. It is not so that receipt should
be issued to original holder only.

d. The amount which is tendered shall be firstly credited

towards demand of current years. If the

payee desires otherwise, it shall not be considered.

e. If any holder says in future that he was not given

receipt, the Talati may obtain signature in the
counterfoil lying with him while issuing receipt.

f. If there is no separate receipt book, the Talati should

issue receipt in village Form No. 9.

Producedure for non-agricultural Revenue.

g. Revenue on N.A. land shall be recovered with first

instalment of agricultural revenue or on the date as may
be decided by collctor.
 676

h. Such revenue shall be paid on 1st, January under rule

117 of Gujarat Land Revenue Rules, 1972. Such
revenue is to be paid in one instalment only. However,
the amount may be recovered in two or more
instalments if the collector permits in special cases.

i. If such amount is not paid on prescribed date, penalty of

10 paise shall be charged per one rupee to be paid as
penal amount.

j. If revenue for N.A. is more than Re. 1 it maybe paid at

once, instead of paying every year.

k. If amount of remittance exceeds Rs. 100, it maybe sent

with village servant.

If it exceeds Rs. 10, two village servants should go. If

two village servants are not in the village, the Talati
himself should go. If the amount exceeds Rs. 100, the
Talati should go with two village servant‟s factor for
Recovery of revenue and tagavi and suspension of revenue
and tagavi according to Land Revenue Code and rules,
which shall be discussed in separate chapter. The purpose
to fix estimate of crops is to decide capacity of farmer to
pay government dues, revenue, tagavi etc.

When outstanding land revenue is to be recovered in

district, the collector, prant officer and Mamlatdar may
recover them under the provisions of chapter 11 of Land
Revenue Code, 1879 in their respective areas of
jurisdiction.Mamlatdar has been empowered by
administrative order No. 8 of Gujarat Land Revenue Rules,
1972. For recovery of other district, collector of other
 677

district may recover in other district on the basis of arrears

certificate (Exclusion certificate) issued by the collector of
one district under section 149 of Land Revenue Code.

All powers to recover land revenue and arrears of

rural areas have been vested into District Panchayats,
Taluka Panchayats and village Panchayats under section
149 of Land Revenue Code, while for urban areas all such
powers are with Mamlatdar, Prant officer and collctor.

In order to effect recovery in any state in India, a

certificate should be issued in prescribed form under
Revenue Recovery Act, 1890 (First of 1890). Certificate
under section 149 of Land Revenue Code is confined to
districts of on State. Certificate from the collector is
required for recovery under Recovery Act, 1890, in which
the collector mentions the name of defaulter, his/her
address, outstanding amount and purpose are shown and
sends to the collector of other district where his property
exists and recovery defaulter has any objection, he may pay
the amount with objection and may claim in the court of
jurisdiction of the collector of District who issued recovery
certificate. Sections 3, 4 and 5 of Revenue Recovery Act,
1980 have been validated by Gujarat High Court.

Holder is first responsible for land revenue is main

principle of Law. When he commits mistake, our
responsibility increases.

Collector has to perform his responsibilities to provide

constant financial provision to the state as collector.
 678

Procedure to recover arrears has been shown in

section 150.

Section 150 : Procedure to recover areas has been shown

in section 150 of the Act, which is as under :

(1) By serving notice in writing for demand under section 152

to one who does not pay revenue.

(2) Resuming alienated land or holding to government under

section 153 for which holding or alienated land there are
arrears.

(3) By confiscating or sale of the movable property under

section 154 who do not pay revenue.

(4) By sale of immovable property under section 155 who do

not pay revenue.

(5) By arrest and imprisonment of the person not paying

revenue under section 157 and 158.

(6) When alienated land is whole village or part of the village

by confiscating the said village or its part under sections
159 to 163.

Important provision has been made in the Act. to

recover arrears. Remedies of recovery may be
divided in two parts:

(i) Minor A. Demand notice

Remedi B. One fourth part
es
C. Confiscation and
sale of land/
property.
(ii Major i) Resume land
) Remedi ii) Sale of immovable property
 679

es iii) Imprisonment of defaulter.

iv) Forfeiture of village.

These remedies should be used bonafidely,

impartially and with discretion.

Procedure for recovery :

i) Person wise true list shall be prepared for the persons from
whom the areas of land revenue are to be made.

ii) Details of immovable property of the defaulters should be got

prepared from village forms 7/12 and 8-A. Previous arrears,
demand of current year and recovery effected during current
year shall be available from form 8-B. Details of recovery of
dues should be prepared there from.

iii) In order to monitor recovery effectively, a village wise/ kasba

wise register should be prepared, in which name of the person,
total demand of previous year, land revenue of current year,
demand of N.A. assessment of current year, local fund cess,
education cess, miscellaneous outstanding etc. shall be shown.

iv) Register for recovery of revenue recovery certificate should be

made as per statement No. 1 in Government Circular, Revenue
Department No. VSL-10204-939-L-1 dated 25-2-2005. Entry
of recovery should be made against every column, derive
arrears and place stress on recovery. Moreover, instructions
have been issued to hold meetings for recovery of revenue
recovery certificate, to review the position and to maintain
register of points for R.R.C. checking vide Government
Circular, Revenue Department No. SLB-102005-523-K-1,
which should be strictly followed.
 680

v) Details of immovable properties, details of defaulters and

amount should be prepared in prescribed form and prepare
action plan of recovery.

vi) A list of highest defaulters should be prepared, allocate target

to the Talati and review it in the meetings.

vii) After taking administrative measures, legal steps should be

taken.

viii) Procedure to be adopted for recovery of arrears of Land

Revenue has been explained vide Government circular,
Revenue Department No. JMM-1079/44767-L and rule 129(4)
of Revenue rules for recovery, which should be followed.

Government Instructions regarding recovery :

1. Accordingly to G.C, R.D. No. JPP-1096/57-L dated 23-1-

96, all the collectors and District Development Officers
have been instructed to take measures to recover all the
arrears by implementing all the provisions of Land
Revenue Code of previous years as well as current year.

2. A meeting should be held with talatis for recovery, review

position, prepare action plan for recovery and to monitor on
his all efforts of recovery.

3. Various Labour Courts, industrial courts, competent

officers of various departments of Central Government and
State Governments, Banks sends revenue recovery
certificates to respective District Collectors and propose the
Collectors to effect recovery as arrears of land revenue.
These recoveries are made by District Collectors/ District
Development Officers as arrears of Land Revenue under
Bombay Land Revenue Code, 1879.
 681

4. Recovery on revenue recovery certificates is to be made by

Collector/ Prant Officer/ Mamlatdar in urban areas, while
recovery of Panchayat areas are to be made by District
Development Officer/ Taluka Development Officer.

5. Detailed guide lines have been given to all

Collector/District Development Officer to take timely and
effective steps for recovery of revenue recovery certificates
vide G.C, R.D. ;No. VSL-102004/939-L-1 dated 25-2-2005
and G.C., R.D. No. SLP-102005-532-L-1 dated 2-6-2005,
in which procedure to recover revenue recovery certificates
has been shown, which should be implemented. Prant
Officers in the district have been assigned additional work
as Nodal officers under provision 10 of the resolution
which should be kept in view. Mamlatdar should pay
sufficient attention for recovery in his area. He should
maintain registers as appended with both the circulars.

6. City survey department has to effect timely recovery of

government dues viz. Sanad fee, late fee etc. in city survey
area. District Collector decides survey fee to recover
expenditure made for city measurement work under section
132 of Land Revenue Code within limit laid down in rule
19(2) of Land Revenue Rules, 1972. Recovery of survey
fees are recovered as Sanad fee from property holders by
giving Sanad during maintenance. It should be seen that
details of outstanding amount are recovered by Talatis from
City Survey Officer. Thus Mamlatdar should play active
and effective role for recovery of government dues and
amount of recovery certificates.
 682

Chapter -35
Procedure under the Gujarat Agricultural Land Ceiling Act, 1960.

Significant work and monitoring of implementation of the Gujarat

Agricultural Land Ceiling Act, 1960 at district level is carried out by the
collector. With a view to fixing ceiling of agricultural land, the State
Government has constituted tribunal comprising an officer of the cadre
of Mamlatdar at state level. This Tribunal has to decide about those land
holders who have more land than the ceiling on the date of
implementation of the Act that means on 1-4-1976. More than one
tribunals are existing at district level. Direct supervision and monitoring
of this Tribunal is exercised by the Collector through the Deputy
Collector (Land Reforms). The work of transferring cases from one
Tribunal to other at district level, providing administrative assistance to
Tribunal is carried out by the collector. The collector exercises direct or
indirect control and supervision on the following important matters so
that cases are disposed of in time by arranging co-ordination with
various departments for the work being carried out by the Tribunal
comprising Taluka Mamlatdar and Deputy Collector (Land Reforms).

1. While conducting cases under the ceiling Act the information

about number of members of family and their age on 1-4-76
should be collected.

2. If the land is under irrigation, canal officer should be instructed to

issue certificate of canal officer to the applicant after providing
the applicant with opportunity of making representation. It has
come to the notice in certain cases that on 1-4-76 even through
the land is not within command area and though subsequently
included in the command area, yet it is erroneous that the said
land is considered under irrigation and made surplus.
 683

3. At the time of undertaking case of ceiling if it is found that the

land is under possession of any tenant or other person notice
should be served to him and he should be heard and on assuring
as to when his name was entered in that land in effect
authorisedly and it should be decided as to whether that land
should be deducted from “the holding of land owner or to
consider in holding. Some are trying to escape from ceiling
wrongfully in the name of tenant, that activity should be brought
under control.

4. An opportunity should be given in writing about the selection as

to which land the land holder wants to surrender to the
government after deciding as to how much land is eligible to be
held as per area of ceiling. The upper courts remand the cases on
this point. For making the land in excess, it should be assured as
per section 15 that the land selected is clear, not in possession of
other person.

5. After disposal of cases, for taking possession of land also, land

holder should be intimated, possession should be taken over in his
presence, if possible, before the Panchas. Inspite of written
intimate in if the land holder does not remain present, written
receipt having intimated should be kept on record and it should be
recorded that possession is taken exparte before the Panchas. All
these process should be undertaken as soon as the time of
revision/appeal is over.

6. After possession is taken over much delay is incurred in making

payment of compensation and in process of disposal of land, that
situation should be obviated. The Panchanama about site and
situation of land allotted should be drawn before panchas and
 684

before the beneficiary. Entry should be got made in village

record. The original land owner also should be intimated.

At present, number to Tribunals under the Agricultural

Land ceiling Act. is negligible. Proportion of cases is also very
much less, most of cases, are pending with the hon‟ble High
Court of Gujarat and the hon‟ble Supreme Court. Distributions of
agricultural lands rendered surplus by the District Tribunals have
been completed. The point of allotment of surplus land is one of
the important point in 20 point programme of the Central
Government in which Gujarat has remained first making the most
of lands surplus in Gujarat in the whole of the country and
allotting agricultural lands to needy persons as per order of
priority, which is an important achievement of the law.
 685

Chapter -36
Revenue functions transferred to Panchayats

1. On coming in to force the Panchayati Raj System in Gujarat,

some revenue functions have been transferred to Panchayats.
According to the Gujarat Panchayats Act, 1993, revenue powers
are vested in Panchayats, in which as per sections 65,66 and by of
the Land Revenue code, the work of granting permission for the
purpose of non-agricultural use, for residential purpose of
agricultural land and for taking action for construction erected
without permission as well as to find out cases of breach of
condition and taking action.,

2. According to section 171(1) of the Gujarat Panchayats Act, 1993

revenue officers, who are not below the rank of a Deputy
Collector, are posted in Panchayat, who exercise revenue powers
under the Land Revenue Code.

3. As per section 168 of the said Act Panchayat have to do functions

of recovery of land revenue.

4. The State Government has issued the Bombay Land Revenue

Code, 1879 (Amendment Act. 2003) which is issued as the
Gujarat Act. No. 14 2003). As per area stated in section 67 A and
as per use, conversion tax has to be recovered per Sq.mtr. as per
prescribed rates which is subject to modification as per decision
of the Government from time to time.

5. Making 81 amendments in the Land Revenue (Third Amendment)

Rules, 2003 have been implemented vide Government
Notification, No. GHM-2003-71-M-LRR-10. 2002-1640(1)-K,
dated 26-12-2003, in which classification of villages/ Towns and
cities have been made as A, B and C for non agriculture
 686

assessment and as per classification non-agricultural rates have

been prescribed per sq. mtr. for residential and other purpose.
Prescribed rates shall be that as may be decided by the
government from time to time. The collector has to issue
notification in this behalf classifying has to be made as per areas
classified in this notification of villages/Towns and cities have
been made as A, B and C for non-agriculture assessment, and as
per classification, non-agricultural rates have been prescribed per
sq. mtr. for residential and other purposes, Prescribed rate shall be
that as may be decided by the Government from time to time.
The Collectors has to issue notification in this behalf classifying
village/towns and cities., Thus, implementation has to be made as
per areas classified in this notification.

1. After giving non-agricultural permission, land should be got

measured, entries should be made in kami-jasti Patrak. Order
should be got entered in village from no. IV. It should ensured
that effect be given in VII/XII. Entry should invariably be got
made in Village Form No. 2 also, that questions of losing
annual income may not arise and the government may get
regular income. The collector should ensure that the
Mamlatdar implements this for management and preservation
of record.

2. Drive should be initiated to identify constructions erected after

obtaining non-agricultural permission and if such
constructions are not according to rules, they should be
removed under section 66 or regularized recovering
assessment and penalty and entry is made in revenue record as
implemented accordingly.
 687

3. If non-agricultural permission is obtained under section 65, but

construction is erected violating tenure and conditions of the
order of non-agricultural, cases should be detected to take
actions under section 67, after giving permission in such cases,
site inspection should be got carried out and immediate actions
should be taken where breach of condition is found.

4. In Panchayat area, Panchayat recovers land revenue and other

recoveries, but in urban areas, Mamlatdar has to effect
recovery of government dues.

5. As per the Gujarat Panchyats Act, 1993, Panchayat administer

Gaucher acquired by Panchayat and village site or site for
grazing cattle of village. Therefore, Panchayat should take
action to get removed all encroachments on such lands.

6. The proposal being received by the Prant officer regarding

assignment of village site or increasing village site should not
be sent further for routine division, but site inspection should
be carried out invariably, if encroachments are made in old
village sites that means encroachments are made in available
land of village site, due to carelessness of Panchayat, action
should be taken as per rules in such matters and the proposals
relating to village sites be settled speedily.
 688

Chapter -37
The Bombay Tenancy and Agricultural Lands Act, 1948.

1. There was no law conferring security to the tenant prior to 1939.

Thereafter, there was no provision till then so that tenant may get
protection towards tenancy land, reasonable rent is recovered
from him. In 1939 “Bombay Tenancy Act (No. 29/39) was
enacted on 2-4-40. Sub section-1 of that Act was implemented in
whole of the state, but sections-2 to 30 were implemented in a
small districts and it was implemented from 1-4-41 only in Surat
district of the existing Gujarat. With a view to removing draw
back in the Act. of 1939, extensive amendments were made in this
Act. in 1946 and the amended Act. came into force in whole of
the State from 8th of November 1946. There were 31 sections in
the Act. of 1939 and in that main provisions are as under. Since
there was no provision about the management of agricultural land
its name was only “Bombay Tenancy Act.”.

 Protected tenant :

The tenant who had possession of land or had right to till

continuously since six years prior to 1-3-38 was considered
protected tenant the onus to prove that any person is not
tenant or protected tenant was imposed on land owner.

 Reasonable rent :

It was provided in this Act. that a protected tenant may

make application for fixing reasonable rent, therefore is
laid on taking rent as per will.
 689

 Tenureination of rights :

It was provided that the land owner may tenureinate right

giving one year written notice and may be demanded for
getting for self-cultivation or non-agricultural use. There
was no limit as to how much land can be demanded for
self-cultivation. It was provided that if the land is not to put
to use for self-cultivation or non-agricultural purpose in
that manner within one year and such use is ceased at any
time within 12 years the land shall be returned to the
original tenant and it was classified that only rent should be
taken from tenant.

2. Limited provisions were implemented in the Act of 1939 for

safeguarding the interest of tenant. Even after amendment, this
Act of 1939 was found inadequate, in 1942 this Act was amended,
the land owners were allowed to grant their lands to protected
tenants recruited in army on sub-lease or on rent (section 16-A).
In 1946, the amendment was again made in this Act and the
amended Act came in to effect from 8-11-46 and the following
matters were incorporated in that amendment.

(1) The tenants who were holding land continuously for six
years prior to 1-1-45 and those tenants who were holding
land for 1 one year after the Act of 1946 (8-11-46) came in
to effect, if their land owners do not make application by 7-
11-47 to get the decision that they are not protected tenant
and do not get decision towards that they should be
considered protected tenants (Section 3-A), this addition is
made besides the provision to consider protected tenants
who were cultivating continuously for 6 years prior to 1-1-
38.
 690

(2) Maximum rate of rent is fixed at ¼ of crop for irrigated

land and 1/3 for dry land (section 15).

(3) Those rent leases which are existing on the day of

amendment fixed are considered for 10 years (section 23).

(4) The government got powers to convert into cash rent, the
part of commodities.

(5) Definition of self-cultivation is revised in which cultivators

giving part of commodity were considered tenant and
protection maybe available to them (section 2(1)(B). It was
also provided for penalty of Rs.1000/- for infringement of
the provision of the law. Amendment were made only twice
in the Act of 1939. The object of this Act was very much
limited for protection of tenant of agricultural land and the
ancillary matters. This Act was applied to the most of the
parts of the state with effect form11-4-46 (Except villages
of Khot tenure of Kolaba and Ratnagiri).

3. The Bombay Tenancy and Agricultural Lands Act, 1948.

After the country become independent, and it was essential

that the country may become self-sufficient and it was felt that
this may only be possible if the cultivator of land has definite
rights towards land with a view to providing more protection to
tenant and the control of the state may remain on efficient use of
agricultural land, and taking into account one definite policy and
ideology were accepted for the country “the Bombay Tenancy and
Agricultural Lands Act, 1948” was enacted. In this Act important
subjects of the Act of 1939 were incorporated and out of total 31
sections of the Act of 1939 amendment was made in sections 3,
3A and 4 and continued and all other sections were deleted.
 691

4. In the conditions of 1948, the following provisions of this Act

were important.

(1) Revising the provision of 1-3 for dry land and 1-4 part for
irrigated land as maximum rent, the provision was inserted
that in such rent also less rent can be fixed and rent equal to
particular times the assessment (Section-6).

(2) It was decided to refund rent who took more then fixed
Besides that it was decided to give compensation for more
rent taken (Section 10).

(3) Powers to fix reasonable rent were given to Mamlatdar and

provision is made to prefer appeal to the collector. Appeal
can be preferred to the Civil Court, that was stopped
(Section-12).

(4) It is provided that the tenant can create encumbrance to the

extent of his right towards his land (between-27).

(5) Protected Tenant was given right to that he can purchase

land being held by him at reasonable price. Such purchase
is fixed within the limit of 50 acres that means the
protected tenant can purchase the land which may become
total 50 acres. Similarly, it was decided that the land owner
also can get land up to 50 acres for self-cultivation
(Section-32).

(6) It is provided to assume the estate of land holders to

improve economic and social condition of farmers and for
efficient management of the land (Section-44).

(7) Laying restriction on rights of land owners regarding sale

of land it was decided that if the land owners want to sell
agricultural land it can be first sold to tenant and there after
 692

to nearby cultivators and then to other cultivator. It was

decided that the land cannot be sold to non-agriculturists. It
was provided for obtaining certificate from the collector for
becoming agriculturist who are not agriculturists. (Section-
63, 64)

(8) Powers to assume the management of land continuously

remaining uncultivated are secured. (Section-65)

(9) Jurisdiction of civil court for any matter of tenancy law is

cancelled. The Central Government had recommended in
1969-70 to some states to make such provisions, that
provision was inserted in the Bombay Tenancy Act in 1948
(section-85)

5. The Bombay Tenancy and Agricultural Lands Act, 1948 and

amendments.

9 amendments were in the Bombay Act of 1948 and after

formation of separate Gujarat state a number of amendments were
made. The following important sections are added in these
amendments:

(1) Amendment Act 13/56 which came into force from 1-8-56,
important provision of tillers‟ day was inserted by that.
According to that on 1-4-57, persons legally cultivating
others land were made entitled to purchase lands. (Section-
32).

(2) Section 32 (1B) was added under Amendment Act, Gujarat

Act. 5/1993, which contains the following important
provisions:

1. Where tenant is in possession of land on 15-6-53.

 693

2. Prior to 3-3-73, at any time, such tenant was

removed from land without order of the Mamlatdar.

3. The land is in possession of land owner or his any

successor.

4. As per section 32 P under amendment dated 3-3-73,

subsection 32 P (2)(B) is deleted giving priority to land
owners for the purchased land declared ineffective.

5. In case where land is not put to non-agricultural use

prior to 3-3-73, it was provided that tenancy right of the
tenant removed can be established.

(3) As mentioned in the Government Circular No. TEN-1080-

Co-ordination-1-J dated 9-5-80, under amendment 30/77
dated 4-11-77 government has made revolutionary
provision that if the tenant holds possession on 15-6-55 and
it he is removed before 3-3-73, if such tenant does not give
undertaking for self-cultivation as per section 32(1B) of the
Tenancy Act, such land should not be entrusted to the land
owner, but to be held by the Government.

(4) Making amendment under Act 16/60 in section 32(O) of

the tenants after 1-4-57 and according to that if the land is
cultivated for any one year after 1-4-57 he becomes
purchaser.

Misuse of this section is found. As per section 63 of

the Tenancy Act, non-agriculturists cannot purchase
agricultural land, this section is misused for becoming
indirectly tiller. Therefore, the collector should keep vigil
so that such tenancy rights may not arise.
 694

(5) Section 43 (1B) of the Tenancy Act is inserted by

amendment of 1960, in pursuance thereof the government
has given powers to the collector under section 70(0) of the
Tenancy Act regarding detenureining rights of permanent
tenant, vide circular No. TEN-1095-2963-Z, dated 7-10-
2005.

6. Important provisions of law relating to tenancy.

Laws relating to tenancy have very much importance in the

state. The following laws relating to tenancy and the government
instructions there under are in force. With a view to implementing
tenancy laws, posts of Mamlatdar and Agricultural Tribunal are
created and powers are delegated to the Mamlatdar for function of
implementation of laws. The following laws are in force:

(1) The Bombay Tenancy and Agricultural Lands Act, 1948.

(This Act is applicable to area which was in Old Bombay

State prior to the formation of Gujarat State in 1-5-1960
including area of old Saurashtra State when there was
Gaekwar rule)

(2) The Saurashtra self-cultivation tenancy settlement and

Agricultural Land Ordinance, 1949.

(3) The Bombay Tenancy and Agricultural Land (Vidarbh

Area and Kutch Area),1958 (Applicable to whole of Kutch
area)

(4) The Saurashtra Land Reforms Act, 1951 (Whole area of old
Saurashtra area – Except area where there was Gaekwar
rule)

(5) The Saurashtra Barkhali Abolition Act, 1951.

 695

(6) The Saurashtra Estate Acquisition Act.

There is a special significance of day and dates relating to tenancy

and types of tenants are detenureined in the Bombay Tenancy and
are detenureined in the Bombay Tenancy and Agricultural Lands
Act, 1948, which are as under :

 Certain important days in the Tenancy Act.

A. Implementation of Act. of 1948 : Dt. 28-12-48

B. Appointed day : Dt. 15-06-55
C. Tenancy day : Dt. 01-08-56
D. Tiller‟s day : Dt. 01-04-57
E. Notified date : Dt. 03-03-73

 Tenants as per section 2(18) and 4.

A person lawfully cultivating any land belonging to another

person shall be deemed to be a tenant if such land is not
cultivated personally by the owner (Except the person of
family of owner, possessor, mortgagee and daily wagers
getting cash).

 Permanent tenant : Section 2(10A)

Prior to 1-1-1956 –

Should hold land on lease on permanent basis (as per

custom / usage/ agreement/ order of the court.

OR

Entered as permanent tenant in any land revenue record.

 Protected tenant : Section 2(14) and section 4-A

 A person who has held land on rent continuously for 6

years immediately preceding 11-1-1938.
 696

OR

A person who has held land continuously for 6years

immediately preceding date 1-1-45,

Power to decide tenant/his type : Section 70(1B)

Agricultural Tribunal has to decide thus.

 In case of a person who has been cultivating prior to 1-4-

1957 (Tiller‟s day) case shall be conducted under section
32G.

 In case of a person who has been/had been cultivating for a

period over 1 year after 1-4-1957, case shall be conducted
under section 32 D.

 If tenant is proved after conducting the case purchase price

shall be detenureined under section 32-H.

 If permanent tenant is proved that tenant has to pay to the

land lord, 6 times amount of the amount of rent towards
purchase price.

 In other case, the tenant has to pay to the land lord, any
purchase price that maybe detenureined by the Agricultural
Tribunal which may not be less than to 20 times amount of
assessment and may not be more than 200 times amount of
assessment.

 After full purchase price is paid by the tenant, purchase

certificate under 32 M has to be issued and there after on
the basis of that tenant may become land owner/possessor.

Officers are functioning as the Mamlatdar and Agricultural

Tribunal in the state in the following districts, whereas in
remaining districts where Tenancy Act is applied, but
 697

owing to light work, posts of Agricultural Tribunals are not

sanctioned, Taluka Mamlatdar are taking care of this work.

Sr.No. Name of district Name of Taluka

1. Ahmedabad Dascroi, Viramgam.

2. Gandhinagar. Dahegam, Mansa, Kalol
3. Kheda Kapadvanj, Matar, Nadiad
4. Anand Borsad,Khambhat, Petlad,
Anand
5. Patan Patan, Chansma, Siddhpur
6. Surat Choryasi, Vyara
7. Valsad Umargam
8. Navsari Navsari
9. Vadodara Vadodara,Dabhoi

In section 70 of the Tenancy Act, 1948, duties and

functions to be performed by the Mamlatdar for the purposes of
this Act are mentioned as under :

a. to decide whether a person is an agriculturist,

b. to decide whether a person is or was a tenant or protected

tenant or permanent tenant;

c. to detenureine the rate of rent under section-9.

d. to decide dispute regarding class of land under section 9A;

e. Deleted

f. to detenureine the amount of compensation under section

10 for contravention of sections 8,9,9-A and 9-C

g. Deleted under Act. of 1973.

h. to detenureine the amount to be refunded to a tenant under

section 13(5)
 698

i. to detenureine the amount of compensation for trees to

which a tenant is entitled under section 19.

j. to detenureine any dispute regarding the right to produce of

trees naturally growing under section-20.

k. to detenureine the costs of repairing protective bunds under

section 23.

l. to sanction exchange of tenancies under section 33.

m. to detenureine the amount of compensation payable to

tenant for any improvement under section 41.

(ma) to detenureine what is reasonable rent under section 43B.

(mb) to issue a certificate under section 84A and decide under

section 84B or 84C whether a transfer or acquisition of land
is invalid and to dispose of land as provided in section 84C.

 to decide references under section 85A.

(mc) to decide any dispute under section 88C.

(me) Deleted under Act. No. 36 of 1965.

(n) to take measurers for putting the tenant or land lord or the
agricultural laboures or artisan or person carrying on an
allied pursuit into possession of the land or dwelling house
under this Act.

(na) to decide all matters relating to construction of water

course under chapter V-A.

(nb) to issue temporary injunction.

(o) to decide such other matters as may be referred to him by

or under this Act. Besides this, powers are delegated to the
 699

Mamlatdar under the following sections of the Tenancy

Act.

66A. construction of a water course through land

belonging to other person.

66B Failure to pay rent and to maintain water course in

good repair.

66C Removal or discontinuance of water course.

66D Neighboring holder entitled to use surplus water on

payment of rate.

7. Under which tenure the land acquired/ granted under the

Tenancy Act be considered? Section 43(1).

Such land may be considered restricted tenure/new and

impartiable tenure unless –

o A person should be permanent tenant as per section

43-1B and it has to be proved that such permanent
tenant had a right to transfer his tenancy right (Both
the conditions should be fulfilled).

o Devsthan Inami Abolition Act was abolished with

effect from 15-11-69, in case of such tenant on land
who had got rights after conducting case prior to 20-
4-1987,

o Explanation of restrictions of section 43 of the

Bombay Tenancy and Agricultural Land Act, 1948.

8. Explanation of restrictions of section 43 of the Bombay

Tenancy and Agricultural lands Act, 1948.

Section 43 of the Tenancy Act is very much important, following

provisions are made in the Act in this behalf.
 700

43(1) No land or any interest therein purchased by a tenant

under section 17A,32,32F,32-1,32-0,324, 43-ID or 88E or sold
to any person under section 32Por 64 shall be transferred or
shall be agreed by an instrument in writing to be transferred,
by sale, gift, exchange, mortgage, lease or assignment, without
the previous sanction of the collector and except in
consideration of payment of such amount as the State
Government may by general or special order detenureine and
no such land or any interest, therein shall be partitioned
without the previous sanction of the collector.

43(1A) : As per this sub section, it is provided that the

collector/state Government shall give sanction as per
conditions prescribed.

(md) Under this section restrictions have been laid that

transaction of sale, gift, exchange, mortgage, lease,
assignment or partition cannot be made without
previous sanction of the collector/State Government, but
not barred by the legal heirship. The Collector/ State
Government may sanction as per conditions of
amending resolutions from time to time.

43(2) Moreover, it is provided that transfer of any land or the

interest therein or any agreement of partition or transfer there
of shall not be considered lawful in contravention of section
43(1)

(mdi) Earnest money deed, sale agreement of such lands has

also been covered under restriction under this sub
section.
 701

Provision is made in section 43(1B) of the Tenancy Act, as

regards its implementation, the officers possessing powers
under the Tenancy Act are required to pay much attention.

In this sub-section, the following provision is made.

43(1B) As per restrictions of section 43(1) of the tenancy

Act, as per sub section 43(1B), if permanent tenant of land,
possess the non-transferable rights in tenancy of that land by
custom, usage, declaration or decree or order of the court prior
to such purchase, land purchased according to sections 32,
32(F), 32(O) and 64 this will not be applicable that means the
restrictions of sections 43(1) of the Tenancy Act are not
applicable to cases in which the legal provision of sub-section
43(1B) satisfied. For this sub-section, it is necessary to
inculcate understanding of process and provisions of the
Tenancy Act and work should be done with perseverance so as
to prevent financial loss being caused to the state.

9. Legal position in respect of the said provision.

(1) In 1955, as per government order, village wise list of

protected tenant/permanent tenant/ordinary tenants was
prepared and the same was entered in village Form No. VI.

(2) Thereafter, action to decide tenants as landlords, of such

lands, which they were cultivating on 1-4-1957.

(3) Meanwhile, persons who were included in the list of tenant

under section 32 were held as tenants, after detenureining
purchase price under section 32G (as per section 32 M) on
payment of purchase price, took action as per section 32,
certificate regarding payment of purchase price was given.
 702

(4) The entry of the said certificate was made in the ledger
book and in the office of the sub Registrar.

(5) With regard to tenants detenureined after 1-4-57, deciding

type of tenant under section 70B, detenureining purchase
price under section 32G, action was undertaken under
section 32M.

(6) Once the type of tenant is decided by the Mamlatdar and

Agricultural Tribunal under section 32 / Section 70B
(Protected/ ordinary/ permanent), notice was given to the
tenant/ land lord as per law, purchase price was
detenureined. On payment of the same certificate as per
section 32M was being issued by the Mamlatdar and
Agricultural Tribunal.

(7) Thus, during procedure of deciding type of tenant,

detenureining amount of purchase price by the Mamlatdar
and Agricultural Tribunal, if the tenants concerned have not
made any representation that they are permanent tenants
and to detenureine the purchase price accordingly, that
restrictions of section 43(1) are not applicable, in the
circumstances, now, if process of detenureining types of
tenant is again carried out by the Mamlatdar and
Agricultural Tribunal, there will be bar of resjudicata.

Prant Officer having powers under the Tenancy Act,

may take in revision only within one year the process of
section 32/70B/ 32G/32M under section 76A. Similarly,
under section 74, appeal also can be filed within stipulated
time-limit and can be heard. Besides this at the time of
removing restrictions of section 43(1), as damage is being
 703

caused to the financial interest of the government, decision

cannot be taken in such cases without hearing the
representative of the government.

10. Can non-agriculturist purchase agricultural land.

Agricultural land cannot be transferred (in any form) to

non-agriculturists.

For that restrictions have been laid under section 63 of the

Tenancy Act, Tenancy rule 36, section 54 of the Saurashtra self
cultivation ordinance and rule 18 of the rules there under, section
57 of the Vidarbh and Kutch Area Act.

(mdii) Any person not holding agricultural land at any place in the
Gujarat State cannot purchase agricultural land without
prior permission of the collector.

(mdiii) When any person seek permission for agricultural

land for agricultural occupation, permission can only be
given if the following two conditions are fulfilled.

 That person should be agricultural labour.

 His annual income should not exceed Rs.

5000/-.

(mdiv) When any person seeks permission for agricultural

land for non-agricultural purpose (viz. residence,
commercial, industrial etc.) permission may be granted
taking into account the provision of Rule-36.

11. About certificate of agriculturist.

(1) As per the prevention of Fragmentation of Agricultural land

Act, for preventing fragmentations of land, at the time of
distribution & land of agriculturalist land holder in family,
 704

when any person waive his right his part of land, procedure
should be followed as per Government Resolution,
Revenue Department No. GNT-102003-977-Z, dated 29-3-
2005, making provision for giving agriculturist certificate
to such person.

(2) Action should be taken as per Government Resolution,

Revenue Department No.GNT-269904343-Z dated 24-1-
2003 and No.GNT-2699-4343-Z, dated 7-6-2003 regarding
giving permission for selling agricultural land held in the
State of Gujarat and for purchasing agricultural land
elsewhere. These provisions are as under:

(1) Permission to sell agricultural land held in Gujarat

State and to purchase agricultural land elsewhere in the
State.

Definition of agriculturist is given in section 2(2) of

the Bombay Tenancy and Agricultural Lands Act,1948.
According to that “agriculturist” means a person who
cultivates land personally. If any agriculturist sells his
whole agricultural land he becomes “non-agriculturist”.
Thus he loses the status as an agriculturists, taking into
account the difficulties an agriculturist has to face when
any agriculturist of the state wants to purchase agricultural
land else where in the state after selling his agricultural
land, the following provision was made:

(1) After selling the land, within 30 days from the date
of sale he may intimate/ apply to the collector.

(2) The collector shall take decision of giving certificate

as “agriculturist” within 30 days from the date of
 705

application and the applicant (agriculturist) shall purchase

agricultural land at other place in the state within 180
days(6 months) from the date of receipt of such certificate
from the collector.

As per aforesaid provisions the District Collector has

to issue certificate regarding agriculturist. But as per
representation of Indian Farmers‟ union and as per
discussions and deliberations held with them the
agriculturists whose lands are acquired for pubic purposes
such as major irrigation schemes minor irrigation schemes
public roads, institution working for public interest as well
as for interest of the central and state government, they
become non-agriculturists. In their cases, obtaining all
kinds of documentary evidence should not be insisted upon
from respective agriculturist land holder, it should be
decided that applicant should produce certain documents of
particular type and thereafter if any more evidence/proofs
are needed, the respective Mamlatdar should not demand
from agriculturist applicant, secure necessary evidence
from the respective revenue office and take action to issue
agriculturist certificate.

The Government has adequately considered the said

matter, it was decided under Government Resolution,
Revenue Department, No.GNT-2699-4343-Z, dated24-1-
2003 that the agriculturists whose lands are acquired for
public purpose become non-agriculture as result thereof the
following any three documentary evidence out of those
mentioned below shall be produced by the applicant along
with his application.
 706

(1) Copy of VII/XII showing ownership of land holder,

copy of village form No. VIII-A.

(2) Copy of objections given under section 5/A under

Land Acquisition Act.

(3) Notice regarding compensation u/s 9.

(4) Order making award.

(5) Receipt of possession.

(A) After the land is sold by the agriculturist the

respective District Collector, shall be intimated/
application shall be made within 60 days from the
date of sale and if the land is acquired for public
purpose within 60 days from the date of handing
over possession to acquiring body.

(B) The Collector shall, within 60 days from the receipt

of such application, take decision to gives certificate
as an „agriculturist‟ and the applicant (agriculturist)
shall, on receipt of such certificate from the collector,
purchase agricultural land at any place in the state
within 180 days (Six months).

(C) At the time of application that may be made by

agriculturist land holder out of evidence-proof
mentioned in Sr.Nos. (1) to (5) specified in para-2,
the applicant shall furnish any three evidence proofs
and thereafter, if necessity of obtaining any other
ancillary evidence proof regarding issuing
agriculturist certificate, the Mamlatdar to whom
application is made should not insist upon such
evidence-proof from the applicant, shall take action
 707

to secure at his level from respective other revenue

officer.

(2) Government Resolution, Revenue Department

No.GNT- 2699-4343-Z, dated 7-6-2003.

Under above said Government Resolution, Revenue

Department even number guide lines are issued regarding
procedure being carried for giving permission for selling
agricultural land held in Gujarat State and purchasing
agricultural land at other place and for giving certificate as
agriculturist in cases of agriculturist whose lands are
acquired for public purpose become non-agriculturist.
Accordingly, on receipt of application of the applicant the
District Collector shall take decision, within time-limit of
60 days prescribed, for certificate as are agriculturist. At the
same time, the applicant (Agriculturist) shall purchase
agricultural land within 180 days at anyplace in the state.

Though such clear provision is made, the question as

to what action should be taken if decision regarding
certificate as an agriculturist is not taken by the District
Collector within 60 days. At the same time it was under
consideration that after certificate is received, if
agriculturist cannot purchase land within 180 days due to
circumstances beyond his control, whether such time-limit
should be extended or not?

At the end of full consideration in respect to both the

said facts, the Government has decided to implement the
following additional provisions in context with Resolution
dated 24-1-2003. In the circumstances, at the time of taking
 708

decision regarding issuing agriculturist certificate, it is here

by instructed to take into consideration the following in
pursuance of Resolution dated 24-1-2003 and invariably
take actions accordingly.

(1) The collector shall invariably take decision to issue

certificate within 60 days and if the action of taking
decision is not taken by the respective collector within
prescribed time-limit, for such delay, process of taking
disciplinary action will be initiated against the respective
responsible employee/officer considering violation of Rule-
3 of the Gujarat Civil Services (Conduct) Rules, 1971 or
other applicable conduct rules.

(2) After receipt of agriculturist certificate the

applicant/agriculturist securing certificate shall purchase
land at anyplace in the state within 180 days and shall
intimate the collector. However, in any case if
agriculturist/applicant could not purchase land within
stipulated 180 days due to reasons/circumstances beyond
control, in such case, taking into consideration his
circumstances/reasons beyond control, furnished by the
applicant, taking into consideration merits of the case,
condoning proportionate delay, extension of limit shall be
considered. Such additional limit shall be maximum 3
(three) months.

(3) Check-list for proposal of sale, transfer of lands under the

Tenancy Act.

Check list has been prescribed for proposals to be

submitted for prior sanction of government for sale/transfer
 709

of lands of such tenure under Government Resolution,

Revenue Departmnt,No.GNT-102003-2340-Z, dated 10-9-
2003 with regard to prompt disposal of land under
restricted tenure under the Tenancy Act, sending
information in return, case should be taken that the
proposals are made accordingly.

12. Provision regarding purchase of agricultural land for bonafide

industrial purpose.

(mdv) According to section 63 of the Tenancy Act. and Rule 36 of

the Tenancy Rules, the entrepreneur may make application
to the collector for securing prior permission for purchase
of agricultural land for industrial purpose.

OR

(mdvi) Having purchased such land, thereafter, he may

apply for approval of retrospective effect. (Section 63 AA
of the Bombay Tenancy Act, section 55 of the Saurashtra
self-cultivation ordinance and sections 57-A and 89-A of
the Vidarbh and Kutch Area Act.)

(mdvii) The State Government has made amendment under

the Gujarat Act. 1997 in respect of purchase of land with
restriction of section 43(1) for actual industrial purpose
with this amendment new section 43(IC) is added. As
provided therein, the land with restrictions of section 43(1)
of Tenancy Act for which prior permission is not required
as mentioned in section 65 of the Land Revenue Code for
putting the land to use for bonafide industrial purpose, can
be sold subject to payment of amount that may be
detenureined by the State Government.
 710

(mdviii) With this amending Act, provisions of section 63CC

added newly after section 63-A of the Tenancy Act should
be taken into account.

(mdix) Similarly, amended provision of the Saurashtra self-

cultivation ordinance, 1949 and Tenancy Act applicable to
Vidarbh and Kachchh area should be taken into account.

(mdx) Powers to hear appeal in cases under section 63AA of the

Bombay Tenancy and Agricultural Land Act, 1948 and
section 54 and 75 of the Saurashtra self-cultivation
ordinance, 1949 are delegated to the Principal Secretary
(Appeal), Revenue. The explanation regarding this is given
under Government Circular, Revenue Department,
No.GNT-1302-2654-Zm dated 30-9-205 and Circular No.
S-30-2506-2798-Z, dated 29-10-2005.

13. Previsions of section 65(B) :

As per the Bombay Land Revenue Code, 187 of

(Amendment Act 1997). The person putting the land to non-
agricultural purpose shall observe the following tenure and
conditions/ provisions:

(A) The person putting the land for non-agricultural use which
was purchased for bonafide industrial purpose under the
Bombay Land Revenue Code, 1879 (Amendment Act
1997) for the purpose of other chemical or production or
storage of petro chemicals, it will be lawful for him to put
this land to use for bonafide industrial purpose without
permission of the collector subject to company with the
following conditions/provisions.

A. The land holder has clear title on such land.

 711

B. Such land or part thereof is –

(1) not shown as reserved for public purpose in

any draft development scheme or final
development plan or town planning scheme
under the Gujarat Town Planning and urban
Development Act, 1976.

(2) not declared for land acquisition under Land

Acquisition Act, 1894 or any other law in
force at the relevant time,

(3) not covered within the alignment of any road

map prepared by the State Government or
within command area of any irrigation project.

(4) not situated within 30 metres from the

boundary of any land held by Central
Government or purpose of railway of the
Indian Railways company limited.

(5) not situated within 15 metres of transmission

line showing high voltage of any electricity.

(6) not situated within five kilometers of

periphery of the area within jurisdiction of any
Area Development Authority or Urban
Development Authority formed under the
Gujarat Town Planning and Urban
Development Act, 1976.

Provided that though the said land is

falling within the area of jurisdiction of any
area development authority of urban
development authority, yet with regard to any
 712

provision in this respect, when the Bombay

Land Revenue (Gujarat Amendment) Second
Ordinance, 1996 was in force, according to the
provisions of the said ordinance the use of
land will not be considered illegal for actual
industrial purpose.

(B) When any person is desirous of using for the purpose of

production of any chemical or petro chemicals or storage
besides the conditions mentioned in above (A), it will be
considered lawful for him to put such land for use for such
bonafide industrial purpose without permission of the
collector subject to observance of the following condition.

Such land or its part –

o Shall not be not situated within two kilometers

from the boundary of ancient monument declared as
“Protected monuments” under sub-section-1 of
section-3 of the Ancient Monuments preservation
Act, 1904.

o Ancient and Historical Monuments declared as

“protected monuments” under sub-section (3) of
section-4 of the Gujarat Ancient Monuments and
Archaeological sites and Remains Act, 1965.

o Forest land or waste land declared as “Protected

Forest” under section 3 of the Indian Forest Act.

o Forest land or waste land known as „Protected

Forest” under section 29 of the Indian Forests Act.
 713

o Any area declared as “Sanctuary” under sub-section

(1) of section 18A of the wild life (Preservation)
Act, 1972.

o Any area declared as “National Park” under section

35 of the wild life (preservation) Act, 1972.

(A) The land holder shall observe provisions of

any Act in force at that time or in connection with
the use of land for such purpose before the land is
put to use for bonafide purpose under sub section-1,
shall comply with any order or direction of the
Central Government or the Sate Government or any
corporation, Government company, Local authority
of the Central Government or State Government or
owned by or under control of such government.

(B) When the land holder initiate the use of land

for bonafide industrial purpose as mentioned above
he shall within 30 days of the date of amendment of
use of land for bonafide industrial purpose, send the
notice of the date of commencement of such use to
the collector in a form that may be prescribed under
rules made under this Act and one copy thereof shall
be sent to the Mamlatdar.

On receipt of the notice from the collector as

above, after due inquiry, on finding that the said
person has legally started the use of land for bonafide
industrial purpose, he shall issue certificate to that
effect in prescribed form.
 714

14. Permission for purchase of agricultural land for setting up

Wind Energy project.

Instruction are issued for the purpose under Government

circular, Revenue Department, No.GNT/102006/4239/2, dated 7-
3-2007, which are as under :

Under the said circular, it is directed to grant permission to

entrepreneur for wind Energy Project Subject to the following
tenure and conditions as per section 63AA of the Bombay
Tenancy and Agricultural lands Act and provisions of other
tenancy laws.

1. Out of land purchased for Wind Energy Project, if

particular land is to be put to use of agricultural, presuming
all land as non-agricultural only. If it is desired to do non-
traditional agriculture such as jatropha (Ratan jyhot),
energy plantation or medical plantation, such non-
traditional plantation may be done.

2. The entrepreneur or company setting up wind energy

Project, cannot claim to be an agriculturist because of the
reason that they are doing non-traditional agriculture.

3. All land purchased for Wind Energy Project purpose shall

be converted into non-agricultural and inspite of putting
particular land for non-traditional agricultural purpose,
non-agricultural assessment and conversion tax have to be
paid for all land.

15. Section 84 : It is provided under section 84 of the

Tenancy Act to evict unauthorised possession and to
hand over to original possessor.
 715

(1) As laid down in section 84 of the Bombay Tenancy

and Agricultural Lands Act, 1948, any person who is
unauthorisedly occupying the land or management of
land is assumed by the government or not entitled to
occupy the land, the collector may undertake
summary action under section 84 to evict that person
from that land, get evicted that person from the land
decided to handover possession of that land to
bonafide original possessor. There is no need of any
application for such action. The collector may take
suo moto action. During such action the collector
may make interim order by virtue of his power to
dispose standing crop or making settlement.

(2) This action is joint function of evicting unlawful

possessor of land and to put the bonafide person
entitled on the land.

(3) The dispute to secure possession on the basis of

status of tenant can be tried under section 29 when
the possessor seek for relief by virtue of his right
action can be taken under section 84.

(4) If a person employed as a servant takes over

possession of land, relief may be sought under this
section to evict him, provided that it should be
proved that he was servant and if he is proved as a
tenant this section cannot be made applicable.

(5) In procedure under section 32-G, because of showing

unwillingness to purchase land or because of not
attending, it cannot be said that such tenant possesses
 716

the land unauthorisdely, his possession is considered

lawful till his tenancy right is not destroyed under
section 32 P(2) of the Tenancy Act and he cannot be
evicted under section 84 of the Tenancy Act.

(6) The person being aggrieved by order under section

84 of the Tenancy Act may move to the civil court.

(7) When there is a dispute about right of ownership

section 84 cannot be involved.

(8) In section 84, if question of status of tenant arises the

collector should not dispose of under section 84 of
the Tenancy Act, it should be referred to the
Mamlatdar for disposal.

(9) The collector should make order to get the unlawful

possessor evicted under section 84 of the Tenancy
Act and hand over possession to rightful person and
get implemented through the Mamlatdar and
Agricultural Tribunal.

(10) In inquiry by the Collector under section 84, if the

unlawful possessor does not agree to evict land, the
order to resume such land is not to be made, but for
that order should be made to take action under
section 84-C and refer to the Mamlatdar and
Agricultural Land Tribunal.

16. Section 84-C

In section 84-C of the Bombay Tenancy and Agriucltural

Land Act, 1949, provision is made to dispose of such land, the transfer
or acquisition of which is invalid. In Saurashtra, management is made as
per self-cultivation ordinance and in Kachchh as per the Bombay
 717

Tenancy and Agricultural lands Act. (Vidarbha and Kachchh area) Act
1958, whereas in remaining areas Act of 1948 is applicable.

For transfer against Tenancy Act made on 1-8-56 or thereafter,

section 84C of the Tenancy Act is applicable. According to that the
Mamlatdar may, initiate suo mota action or on application from
interested persons. The Mamlatdar issues show cause notice under Rule-
50 for this purpose to transferor, transferee or acquirer of land to show
cause as to why transfer or acquisition of land should not be held
invalid. Thereafter, after holding inquiry decision is taken as to whether
the transfer or acquisition should be held invalid or not. If inquiry is
undertaken from the application of interested person, action is under
taken as per provision of the Mamlatar Court. If inquiry under take
soumoto Land Revenue Code. If the Mamlatdar comes to the conclusion
that the transfer or acquisition is liable to be made invalid, before doing
so, the transferor and transferee give time to establish status quo and if
they agree to do so and if they do so and if they do so order to make the
transfer invalid shall not be made. If they do not agree to do so and if do
not do within appointed time transfer will be declared invalid and the
land will be assumed in the government without encumbrance. The
provision of 84 C is for transfer or acquisition contrary to any provision
of the Tenancy Act. But in the state action is taken for lands to which
provisions of section 43 of the Tenancy Act is mostly applicable and
action is taken under section 84-C for violation of section 43. As regards
this, it is to be clarified that restrictions of section 43 of the Tenancy Act
are applicable to lands to the following sections of the Tenancy Act.

(1) 17 B House purchased by the tenant and land abutting

to that.

(2) 32 As per provision that because of being tenants on

 718

1-4-57 they have become purchasers.

(3) 32 F Tenants of minor, widow and physically disabled

land holder select the lands on date postponed.

(4) 321 Sub-tenants of permanent tenants.

(5) 320 Tenants after 1-4-57 who become purchasers of

land.

(6) 324 Tenants of small land lords who become

purchaser of land.

(7) 43-D Serviceman tenant who becomes purchaser.

(8) 88E Lands of Devshtan.

 719

Chapter -38
Saurasthra Gharkhed ordinance 1949.

Under Bombay Tenancy and Agricultural land Act, 1948, the

Saurashtra State had enacted this ordinance for land holders and tenants.
The issue of Saurashtra is of Garasdar Barkhalidar land owners and
Garasdari tenure, it is different from Tenancy Act. 1948.

On implementation of saurashtra land reforms Act 1951 from 1-9-

51, many chapters of this ordinace of Ghar khed (self tilling) of the
important sections of 54 of this ordinance has been left in which a
restriction on transfer to non-farmer has been imposed. In this section
the collectors are delegated powers, in which definition of self tilling
under Bombay Tenancy Act, 1948 has been given. This Act, provides
for taking over land for administration in case of dispute between
negligence of land holder and disputes between tenant and for full and
efficient use of land, which is consistent with some of the provisions of
Tenancy Act.

1. Provision of section 55 of Gharkhed ordinance.

Under government ordinance Revenue Dept. No. 3196

Dt.26-6-1996, a new section of 55 has been added by amending
Saurastra Gharkhed, Tenancy settlement and Agricultural land
ordinance. On amendment being made in section 53AA of
Tenancy Act of agricultural land, a similar new section 55 has
been introduced on the Act and provisions for purchase of land
and certificate to the farmers has been introduced, Moreover,
provision of permission for land being purchased for industrial
purpose in good faith has also been introduced, which is as under:

2. Restrictions on transfer of land to persons who are not

farmers.
 720

(1) Except provided in this ordinance in favour of persons who

are not farmers-

(A) Where permitted under lease of law, any land or any sale,
gift, exchange or lease of its interest (in execution of decree
of civil court or for recovery of arrear of land revenue or
sale of amount to be recovered as arrear of land revenue) or

(B) Any land in which possession of mortgaged property has

been handed over to mortgagor or mortgage of its interest
or

(C) any agreement executed by written instrument for sale, gift,

exchange, lease or mortgage for sale or its interest shall not
be legal.

However, Collector or any officer authorized by

government in this behalf under tenure and conditions
imposed by him, can permit such sale, gift, exchange, lease
where allowed under law or for mortgage or for such
agreement.

Moreover, when land is sold to non-cultivator

persons for agricultural purpose and such persons have
income exceeding Rs.5000 from all sources per year, no
such permission should be granted.

(1) Nothing contained in this section shall act as a ban on

residential house or its premise or sale, gift, exchange or
lease or land attached to it in favour of any agricultural
labourer or artisan.

Explanation : As long as applicable to sale or lease of land

for the purpose of thus section, the tenure “Cultivator” shall
include cattle breeder or land less labourers engaged in
 721

agricultural work. Amended section 55 provides that the

collector shall not allow sale of land in favour of a person
whose annual income from all sources except farming
exceeds Rs.5000.

(3) Rules made under section 55 are as under :

Following circumstances and conditions have been

shown in rule 18 of the rules made under ordinance in
which circumstances permission maybe granted :

(2) If the person needs actual land for the purposes other than
agriculture;

(3) Section 55 was revoked, but it has been added new by

amendment of 1997;

(4) Any farmer or land-owner of village where land is situated is

not ready to take it on lease;

(5) If the land is required for any industrial or commercial

undertaking or for education or for benefit of charitable
institute;

(6) If the land is required by any cooperative society;

(7) Such land is mortgaged and mortgager has obtained such

certificate that he wants to adopt agriculture and that he has
agreed that he shall cultivate the lands himself.

(8) If the land-holder cultivates lands himself and wants to donate

it to such person who does not hold any land at all and has
obtained such certificate from the Mamlatdar that he intends to
adopt farmer‟s occupation and has agreed to cultivate land
himself. Permission under section 55 shall be given on the
condition that the person to whom the permission has been
 722

granted shall use for the purpose within one year from the date
of occupation of the land. This section No. 55 resembles
section 63 of Bombay Tenancy Act, 1948.
 723

Chapter -39
Lands held on inalienable (New and Impartible) tenure.

The State Government has issued guide lines for implementation

vide coordinated resolution No. NSJ-102003-2600-J dated 18-12-2004
for the lands of new and imp tenure impartible ranted for agricultural
purposes, who are mainly granted government fallow lands, the lands
under various tenure abolition acts viz. Bombay lowest (Kanistha) Vatan
abolition Act, Baroda Patel Vatan Abolition Act, Baroda Abolition Act,
Stipendary Abolition Act., Village Patelai (headsman) land, Lands under
Aveda (Water reservoirs for animal) regranted lands under lowest
village servants Act; Restricted tenure lands under Bombay Tenancy
Act and such lands which require prior sanction of Government to
divide their lands for change of purpose and divide their interest and
where such lands are to be converted into old tenure for agricultural
purposes.

In order to see that the holders may not have to suffer hardships in
dealings of transfer of lands of new tenure, instructions have been issued
under G.R, R.O. No.NSJ-102006-571-J dated 20-12-06 to convert the
lands into old Tenure for agricultural purposes. Procedure to convert
such lands into old tenure for agricultural purposes has been laid down
by circular No. NSJ-102006-571-J dated 20-12-2006. When the question
of interpretation arises for implementation of these resolution,
provisions of original resolution should be kept in view.

It appears from that government has adopted policy to grant

government fallow lands since 1947 and afterwards on new tenure and
impartiable tenure or restricted tenure and on the condition that they
themselves should do farming and to ensure that such lands may not be
in the hands of those who do not do till themselves.
 724

In spite of these restrictions on lands by Revenue administration,

it has come to the notice of Government that people take disadvantage
of loopholes of law and remove tenure restrictions to harm Government
interest. In order to stop this, we may observe provisions of coordinated
resolution dated 18-12-2004 and resolution dated 20-12-2006 of
restricted tenure lands under various tenure abolition Acts shall be
considered for old tenure for agricultural purposes, but shall continue as
restricted tenure. Such lands shall be subject to premium for N.A.
purposes. It should be ascertained that types of entries are made in
computerised records. Similarly, sanction is accorded for transfer by
sale or change of purpose after recovery of premium as per percentage
fixed by the said purposes in the areas of entire state or urban areas.

The State Government coordinated resolutions/circulars issued

from time to time and issued coordinated resolution No.NSJ-1082/518-
Jh dated 16-3-82. When government found necessary to issue
coordinated resolution by consolidating resolutions/circulars issued after
16-3-1982. The provisions which have been changed in the resolution
dated 16-3-82 have been suitably changed. Modified provisions have
been produced as note in the relevant paras, which should be kept in
view.

Government decides as under to transfer, divide, and convert into

old tenure for the purpose of agriculture and to change in condition sell
for N.A. use the new tenure lands held by individuals or cooperative
societies, which are impartible and non-transferable lands held by sales
controlled (new and impartible) condition regranted for agriculture
acquired in Government under land given for agriculture and under
various tenure abolition Act.

2. To grant Government fallow lands on change controlled (new and

impartible) tenure.
 725

It has been kept in view while disposing government fallow

land is granted, he himself should cultivate it and such lands may
be disposed on in ;alienable tenure (new and impartible.)

(1) Relaxation in restrictions of lands on new tenure

granted under Government fallow lands agriculture sales
rules.

All Government fallow lands are to be given at new and

impartible tenure for agriculture. Generally such transfer is not
permitted without concrete reasons or special circumstances.
When such permission is granted, 50% premium is taken on the
difference between market price and the amount paid by holder of
original occupancy right price. Thus, the holders enjoy only
tillage rights of the land and are not able to enjoy their complete
or part ownership rights on such lands.

In view of period of possession of land holder and in order

to remove difficulties experienced by the holder in deciding
market price when permission for transfer is granted, it is hereby
decided to relax as under from 24-11-1970.

(A) If land holder pays 60 times of assessment of land under

government fallow lands sales rules, the land should be
exempted from restrictions of new tenure for agricultural
use. The holders who have during their continuous
possession of twelve years have completely observed all
conditions placed at the time of tenancy of land shall only
be exempted as stated above.

(B) If after a period of twelve years as stated above, the land is

to be used as N.A. or if after getting exemption from
restrictions of new tenure for agricultural use of land, the
 726

holder has to deduct amount paid by him for occupancy

right as well as 60 times amount to get exemption from
restriction of new tenure from the market price for N.A. use
of the land and have to pay premium at 50% of the
remaining amount.

(C) The land for which exemption has been granted from
restriction of new tenure for agricultural use, entry should
be made in village form No. 7/12 that at the time of
permission; for N.A. use of the said land, the burden to pay
premium of 50% of the difference of market price of the
N.A. land and amount paid for occupancy rights.

(D) If any holder, before expiry of period of twelve years wants

to transfer the land for agricultural use, he shall have to pay
premium at 50% of difference between market price of the
land and amount paid by him for occupancy right at the
time of transfer. Such permission shall be granted under
following conditions:

(i) Land purchasers should be farmers or cooperative

societies;

(ii) The holder shall have held the land on new tenure for
more than ten years and made improvement therein,
but is not in position to cultivate himself or does not
want to cultivate or has left the village and resided at
a distant place or did not remain farmer.

(iii) Even though the holder held the land at old and
unrestricted tenure, has waived his interest and
government has granted him land on new tenure;
 727

(iv) The land may have originally held on old tenure but
it would been resumed to government for non-
payment of assessment and in view thereof, the land
may have been granted to him on new restricted
tenure;

(v) If the holder wanted to sell the land to any useful

pubic enterprise or public undertaking.

(vi) The holder wants to sell land in special

circumstances viz. he himself is ill or aged or minor
or is weak for agricultural work or holder is woman,
cannot cultivate self or does not wish the lands to be
tilled by other.

(vii) There may be other cases except (i) to (vi) above in

which the person who has held land on new tenure is
not permitted to sell shall face difficulties. Moreover,
it shall be considered before granting permission that
the seller of land on new tenure should sell it to
holder of adjoining survey number.

When the holder before expiry of twelve years period

wants to transfer the land to carry on agriculture, the
collector should before granting permission to sell the land
on new tenure, he should ascertain, area of the land,
assessment, existing market price, (land-tax), present
market price, amount paid by the holder of occupancy
price, details of total lands with purchaser and purchaser is
proper purchasers.

(E) Permission for N.A. use of any land within a period of

twelve years shall not be given without government
 728

sanction. Such sanction shall be given in only in special

cases and on the condition to charge premium exceeding
50% of which deems proper or difference between market
price of the land and amount of original occupancy right.

The land-holder who wants to avail benefit of above

relaxation shall have to apply to the Mamlatdar along with
details of land, its land-tax etc. He shall have to give
consent to pay sixty times of amount when Mamlatdar
informs him after making enquiry on the application. The
cases in which he has to obtain exemption from restrictions
of new tenure for N.A. purposes, the competent officer who
permitted for N.A. may grant permission; to take it into
exemption from restriction of new tenure. The holder shall
have to pay necessary premium while granting permission
for N.A.

(F) The cases in which standard has been fixed to decide

amount of premium in view of market price, the holder
shall pay amount of premium on the basis of estimated
market price of the land or actual accrual of sale price,
whichever is higher.

N.B. :- Provisions of the relevant para 2(1) have been

modified and provisions of para 3(2) of the resolution
have been applied. These provisions should be
considered.

2(2) Standard of charging premium of stipendary patelai

lands which have been regranted on new tenure.

Stipendary Patelai lands have been granted on new

tenure. In the cases of prior sanction for transfer for
 729

agricultural use or non-agricultural use, the provision above

para 2(1) maybe applied and cases be disposed accordingly.

2(3) Standard of charging premium of lands under Aveda

(Water reservoir for animals) which have been
regranted on new tenure.

Lands under „AVEDA‟ have been regranted on new

tenure. In the cases of previous sanction on transfer for
agricultural use or non-agricultural use, provisions as per
paragraph 2.1 maybe applied and cases be disposed
accordingly.

N.B. :- Provisions in relevant para 2(3) have been

modified and provisions of para 3(2) of the resolution
have been applied. These provisions considered.

2(4) Relaxation in restrictions on new tenure for

Government lands granted prior to 1-3-60.

Government fallow lands given during British rule

before independence and those given after independence
but before 1-3-60, i.e. before Government fallow lands
rules came into force, government has decided to give
following relaxations from restrictions of new tenure:

(a) 12 years duration shall not be counted for lands

given before independence;

(b) Government fallow lands given after independence

but before 1-3-60,i.e. before government fallow
lands rules came into force, twelve years duration
shall not be counted from the date of grant but from
1st March1960 for them.
 730

(c) Remaining provisions of para 2.1 shall be applied

except for (a) and (b) above.

N.B. :- Provisions in the relevant para 2(4) have been

modified and provisions of para 3(2) have been applied.
These provisions should be considered.

2(5) Lands regranted under Gujarat Patel Vatan Abolition

Act, 1961.

When regranted lands are permitted to transfer for

agricultural purposes under Gujarat Patel Vatan Abolition
Act, 1961 amount equal to 20times of land tax should be
recovered as premium. This land shall be considered for
agricultural purposes on old tenure.

When these lands are permitted for N.A. use,

standard premium shall have to be paid for N.A. use. On
payment of premium, these lands shall be considered held on
old tenure for N.A. use. While granting N.A. permission,
market price of such land shall be counted as N.A. land.
From this, amount of occupancy right paid by possessor and
amount paid to get exemption for agricultural purpose shall
be deducted and have to pay 50% of the difference.

N.B. : Provisions in the relevant para 2 (5) have been

modified and provisions of para 3(2) have been applied.
These provisions should be considered.

2(6) Relaxation in restrictions of new tenure to lands granted

on new tenure under stockman (Maldhari) Settlement
Scheme.

In the cases of giving prior sanction to transfer for

agricultural use or N.A. use thelands tenanted on new
 731

tenure under stockmen (Maldhari) Settlement Scheme,

Government has decided to apply provisions of para 2.1.

N.B. :- Provisions in the relevant para 2(6) have been

modified and provisions of para 3.2 have been applied.
These provisions should be considered.

3. The holder who held government lands without lease of

definite period prior to three years of merging princely
states in revenue year and old Bombay government gave
possessions of the said lands to them or to their heirs on
„new and impartible tenure‟ without taking any price.
While obtaining permission for transfer of such lands, the
holders were required to pay premium. After careful
consideration Government decided that lands of new tenure
should be converted into old tenure without taking any
price from 1-11-1970. The holders of such lands shall not
be required to pay any premium at the time of transfer of
lands. Their entry of unrestricted rights of old tenure shall
be made by the Talati in record of rights by the instructions
of Mamlatdar. The Talati has to submit report to Mamlatdar
regarding such holders in the villages falling under his
„SEJA‟ and seek order to make entries of mutations. The
cases in which orders have been issued to convert into old
tenure on payment of premia shall not be reopened. In the
cases in which final decisions are not taken for above types
of holders, orders shall be issued as per these orders.

Prant officer has been instructed to be vigilant to see

that these mutation entries are decided within six months
from 24-11-1970 and these works are completed within
prescribed period.
 732

3(1) (A) : Lowest village servants or chakariyats hold alienated

(inami) lands on new and impartible tenure. In their cases,
land should not be converted into old tenure. However, it
may be done in the cases where following conditions are
fulfilled:

(A) If the holder is permanently physically weak to

cultivate himself;

(B) If the holder is widow;

(C) If he abandoned agricultural occupation permanently

and resorted to another occupation, the lands should
be given to tenuine farmers under Tenancy Act and
Land ceiling Act 50% of the sale price should be
paid to original land-holders and 50% should be
credited to government.

(B) Raiyat Upayogi Chakariyat Inami :

Government has decided as under regarding

regranted land :

(1) Those who hold chakariyat Alienated (Inami)

lands should regrant lands on non-transferable and
impartible tenure on payment of six times assessment
for agricultural purpose for occupancy rights prior to
these orders, i.e. under orders issued before 11-6-
1968, if the amount recoverable is more than six
times, the more amount should not be recovered.
However, prior to these orders i.e. prior to 11-6-
1968, if more amount than six times of assessment
has been paid as occupancy right, no refund should
also be paid.
 733

(2) The holders of chakariyat alienated lands

holders have transferred the lands for agricultural
purposes, existing holders shall have to pay 20 times
the assessment to convert them into old tenure –
agricultural lands. This 20 times amount shall be six
times amount shall be six times of 3 times or 12
times of assessment (land tax) to be paid for
occupancy rights as well as amount not recovered or
not paid upto 11-6-1968 shall be required to pay
penalty not exceeding Rs. 50 for unauthorised
dealings. Cases disposed before these orders coming
into force, i.e. before 11-6-1968 shall not be
reopened on account of these orders. These include
land cases disposed as well as refundable.

(2)(1) If holders of chakariyat alienated (inami) lands

have transferred the lands for agricultural purposes
after regrant, the existing land holders shall be
required to pay 20 times of assessment to convert
them into agricultural lands on old tenure. Moreover,
the existing holders shall be required to pay penalty
not exceedingRs.25 for unauthorised dealings. Cases
disposed before those orders coming into force, i.e.
before 5.8.68 shall not be reopened on account of
these orders.

(ii) The persons who demand to regrant the lands

for agricultural purpose on old tenure or want to
convert them into old tenure to regranted land shall
have to pay 20 times of assessment to government
for such transfer.
 734

(iii) The cases in which the land has been

transferred or to be transferred for non-agricultural
purposes prior to 11-6-1968, 50% of existing market
price should be charged to regularize transfer cases
or cases to be granted permission.

(iv) The cases already decided before 11-6-1968

are not to be reopened. However, the lands which
have been resumed by Government for non-payment
of amount of occupancy right, but the possession
thereof have been with ex-servant inamdars on one
year base maybe regranted to such persons by these
orders.

(v) Amount of six times of occupancy price which

has been shown, have been kept in view of general
provisions of Chakariyat Inami lands of various land
tenure abolition Acts. where the amount of Land
Tenure Abolition Acts is different (viz. lowest
village servant (Kanistha gam nokar) Vatan abolition
Act. provides 3 times of assessment, while
BombayMiscellaneous Dumala (alienated) abolition
Act. provides 12 times). Amount of occupancy rights
for lands under different Act shall be recovered
according to provisions in the respective Acts.

N.B. : Provisions in the relevant para 3(1) have been

modified and provisions of para 3(2) have been
applied. These provisions should be considered.

3(2) Relaxation from restrictions of new tenure to lands held on

in alienable (new and impartible) tenure.
 735

According to orders on Government fallow lands,

relaxations in restrictions on government fallow lands
granted on new and impartible tenure for agricultural
purpose or sanction to transfer have been included in para
2(1) of this resolution. Orders to give relaxations/sanction
of transfer in restrictions of new tenure for lands regranted
in alienable (new and impartible) tenure. The lands under
Aveda (Water reservoir for animals) and lands resumed to
government under land Tenure Abolition Acts have been
issued vide para 2(2), 2(3),2(5) and 3(i) of coordinated
resolution. Moreover, paras 10and 11 of G.R. R.D.
No.GNT-1080-Coordination-4-J dated 22-5-80 provides for
permission by charging 60 times of assessment to any
person, organization or institution for agricultural purposes
the lands under Tenancy Act. Government has modified
provisions for Government fallow lands given for
agricultural purpose, regranted lands under tenancy Act and
Land Tenure Abolition Act, the Government has decided to
apply following provisions :

(i) Existing rule to convert agricultural lands for

agricultural purposes on new tenure into old tenure is
revoked.

(ii) It has been decided to charge premium of 50% if he

possessed land for more than 20 years, but 75% if he has
possession for a period less than 20 years to transfer land
for agricultural purposes. However, the purchasers of land
shall hold them on new and impartible tenure only. In the
cases other than those where lands have been received
under Tenancy Act, because as per rules in section 43 of
 736

the Tenancy Act, restrictions of new and impartible tenure

tenure apply to first transfer only.

(2)(a) In calculating premium, the transferer shall deduct

purchase price originally paid and expenditure incurred for
any permanent improvements viz. well for irrigation after
purchase should be deducted from market price of lands or
sale price decided, whichever is higher and premium shall
be calculated at 75% or 5% of the difference.

(2)(b) According to the said resolution, if the land to be

sold is received under Tenancy Act, the purchaser shall
hold it on old tenure and in other cases it shall be held on
new and impartible tenure.

If the landholder is very old and feeble, has no heir,

is not in position to plough, is required to abandon
agriculture and went elsewhere to settle or has no
alternative except to sell land, he should be permitted to
sell agricultural land.

(3) During 20 years duration 80% premium should be

charged for N.A. use (Formerly this was 100%)

(4) After expiry of 20 years, 70% (Seventy) premium

should be charged. (Formerly this was 90%)

In para 3(3) of the relevant resolution, duration of 12

years has been mentioned. It has been modified to 20 years
duration.

3(3) Rights to grant exemptions from restrictions of new tenure.

Type of cases Powers to decide

(1) Cases of transfer of Collector, the Collector may

 737

lands on new tenure for vest powers‟ into Prant

agricultural purposes after Officer in his jurisdiction.
20 years. (A) The Collector should
(2) Cases of granting decide after obtaining
exemptions from Government orders in cities
restrictions for N.A. use having population of one
after 20 years. lakh or more and in
surrounding 15 miles area or
areas declared as industrial
areas, district headquarters
or surrounding 7 (seven)
miles acres.

(3) Cases of transfer of (b) In the remaining areas

lands for agricultural or Collector should decid by
non-agricxultural use his powers.
before 20 years. The Collector should
submit to Government with
details and remarks for
sanction, obtain orders and
decide.

3(4) Standard of premium to give relaxation from

restrictions of new tenure under section 21 of urban
land ceilings Act, 1976.

When land holder holding additional land in urban

complex areas under Urban Land Ceilings Act, 1976 where
government granted the government fallow land on new
tenure under section 21 presents a scheme to use such lands
 738

for construction of houses for weaker section, the premium

should be charged as under :

(1) Premium should be charged at 50% of five times

amount of admissible compensation under section 21 of
Urban Land Ceilings Act, 1976.

(2) Land should be converted into old tenure after

recovery premium as per rules;

(3) As orders have been issued fixing price of zone wise

land under Urban Land Ceilings Act, amount of premium
may be accurately decided on the basis of amount of
compensation and in such a way that uniformity is
maintained. The collectors concerned shall be considered
competent to issue orders of sanction as per rules.

(4) The holder of land of „new tenure‟ who present

scheme under section 21 of urban land ceiling Act. 1976
shall be responsible to pay the said premium as decided by
government. Benefit of concessional rate of premium shall
be confined to their sale to weaker sections persons for the
first time. In other words, original land holder presents the
scheme, constructs houses and sells them to weaker
sections beneficiaries under this scheme shall avail benefit
of the tenure. Thereafter, if the seller of house sells the
house first time along with land, he shall not avail benefit
of paying premium on this rate. The Collector and
Additional Collector shall be responsible to see this.

3(5) Valuation of Land on new tenure :

In the cases of relaxation from the restrictions of new

tenure and to accord sanction of transfer of lands granted
 739

on new and impartible tenure, provision has been made in

above paragraphs. There is no mention in the said
resolution as to how to assess market price of lands to
recover premium amount. Government has decided in this
regard that in order to decide amount of premium, market
price of the land should be assessed taking in view
provisions of government circular, Revenue Department
No. JMN-3983/3667-A dated 30-11-1983.

3(6) Extracts of sale of five years should be kept in view for

Land Valuation.

While assessing land on new tenure of any village,

extracts of sales of five years are to be kept in view.
However, it has come to the knowledge of government that
in certain cases as there are no sales of agricultural or non-
agricultural lands in the respective villages, extracts of five
years sales were not available. A question arose as to how
to decide land assessment in absence of extracts of five
years sales. After careful consideration. Government has
decided that if there are no sales of agricultural lands/non-
agricultural lands in the village since last five years, but in
the adjoining villages touching the outskirt of village there
maybe sales of land during five years. Assessment which is
highest of sales of five years of agricultural/ N.A. land
should be considered and price/ assessment of land should
be done accordingly.

3(7) To give opinion on concrete proof for valuation of land.

If has come to the knowledge of Government that in

certain cases, the collector without having concrete proof
 740

gave their opinions/remarks haphazardly. Basis of

valuation may not be without concrete reasons. All the
Collectors are therefore informed that while submitting
proposal to government for transfer of lands on new
tenure/change in purpose they should give their remarks
with concrete reasons.

3(8) Rates shown in Jantri (ready-reckoner) should be kept in

view for valuation.

For the lands held on new and impartible tenure for

the purpose of agricultural, to give relaxation from the
restrictions of new tenure/sanction transfer and in such
cases to recover amount of premium and to decide existing
market price, District Evaluation Committees evaluates
such lands. The proposals under the jurisdiction of the
government for conditional land are submitted to the
department, they should accompany information on
valuation by valuation committees. Valuation of the land
according to existing „JANTRI‟ for stamp duty. Moreover,
all the Collectors have been informed to append brief notes
on which factors, circumstances and information the
valuation has been made should also accompany the
proposal. When the proposals for lands falling within
Government jurisdiction for transfer of restricted tenure
lands vide section 73-AA of Land Revenue Code are
submitted to Government they should invariably take steps
according to instructions stated above for valuation.

N.B. : Provisions of above paragraphs 3(5) to 3(8) have

undergone changes. Instead, provisions of para 3(9) to
 741

3(14) are in existence. These provisions should therefore

be considered.

3(9) Assessment of land to recover premium for

transfer/change in purpose of lands held on in
inalienable (new and importable) tenure.

Price of lands in which Government interest is

involved is estimated by following District Level
Committee consisting of following members.

Committee:

1. District Collector - Chairman

2. District Development Officer - Member

3. Senior Town Planner, Town Planning

And Valuation Department. - Member

The cases in which assessment of Government lands

in any district is made by the said District level committee.
If the valuation made by the said committee is Rs. 50
(Fifty) lakh or more and when it comes to government for
decision, opinion of Chief Town Planner of Town Planning
and Valuation department is to be obtained.,

Moreover, it is decided to form High Power

Committee Consisting of Secretary/ Principal Secretary as
follows to decide on the opinion of Chief Town Planner of
the State:

Committee :

(1) Secretary/ Additional Chief Secretary/ Principal

Secretary, Revenue Department.
 742

(2) Secretary/ Additional Chief Secretary/ Principal

Secretary, Urban Development and Urban
Housing Department.

(3) Secretary/ Additional Chief Secretary/ Principal

Secretary, Finance Department.

The Collectors should accompany opinion on price

of the said District level Committee along with proposal to
sanction to Government. He has to proceed as above for the
proposals to be sanctioned by his powers also.

Revenue Department has to obtain opinion of Chief

Town Planner and to obtain decision of the committee of
secretaries for the proposals to be submitted to Government
for sanction.

3(10) Factors to be considered on assessment of price of land

made by District Valuation Committee.

Proposals to grant land, change in purpose, sale,

change in tenure etc. are submitted to Government, in
which minutes of meeting of valuation Committee at
District level is enclosed. In this minutes which
points/factors have been considered are not covered. “It has
been unanimously decided that price estimated by Dy.
Town Planner is proper” is only mentioned. It has therefore
been instructed that the case which is presented to District
level valuation Committee should contain details of all
points which have been kept in view in evaluation of the
land and the factors/grounds taken into view in finalization
of price of land should be mentioned in self-explanatory
minutes.
 743

3(11) While evaluating in District Valuation Committee,

Valuation made by Dy. Town Planner should be kept in
view.

When District Valuation Committee decides

valuation of Land, it should kept in view the valuation
decided by Town Planner only. If any special factors are
worthy to be considered or which have been left out for
consideration by Town Planner should be considered after
discussion and have to take final decision after
addition/subtraction in it. If this is done, it has to prepare
agenda after detailed noting the grounds. District Valuation
Committee should invariably enclose statement prepared by
Town Planner with agenda.

Rate in JANTRI (ready reckoner) prescribed by

Government are decided to fix stamp duty only. These
prices decides limit of rates of every large area. They may
not, therefore be considered while deciding separate
valuation of the respective land. The District Valuation
Committee and state level valuation Committee should not
solely depend on prices in JANTRI but should taken them
as guiding factors.

District valuation Committee decides valuation. The

cases in which price exceeds Rs. 50,00,000 (Fifty lakh) are
submitted to Chief Town Planner for review of revaluation.

3(12) Procedure and Guiding Principles for valuation.

Town Planning and valuation Department evaluates

the lands tofix its market price procedure and guiding
principles for the relevant valuation have been decided by
 744

circular No. Valuation/ Circular/ 5114 dated 23-9-2002 by

Chief Town Planner, Gujarat State, Gandhinagar.

3(13) Authenticity prior of valuation :

Authenticity period of assessment of price of land

was formerly six months, which has been increased to one
year. That is, the price of land which has been decided by
District Valuation Committee shall be considered authentic
for one year from the date of decision. In other words, the
period of authenticity shall be one year. If the period of
deciding price of land in pending cases of
District/Government level has lapsed one year assessment
shall be made afresh and such cases shall be produced for
sanction.

3.14 Procedure to be followed after lapse of one year of

authenticity of valuation.

1. After a period of one year of price detenureined by

District Valuation Committee, when competent officer
order to allocate land, order to recover price shall be
made after taking into account increase of 12% period
exceeding one year, i.e. period of counting increase of
12% shall be for maximum period of one year.
Calculation of 12% increase is to be made monthly. If
the period is more than 15 days full month shall be
calculated. Price detenureined by District Valuation
Committee shall be reassessed after two years.

2. If price of land exceeds Rs. 50 lakh after counting 12%

increase in the price of land at (i) above, the competent
office shall decide the case under his jurisdiction only.
 745

3.15 To fix time-limit to recover amount of premium for

transfer of lands on new tenure.

Time-limit to recover the amount of premium in the cases

to give relaxation from restrictions of new tenure or to
accord sanction for transfer has not been decided in the
above resolution. It has been presented to the Government
to fix time-limit. Government has decided to apply
provisions of circular No. TNC-1075/6456-J dated 5-10-
1977. On deciding to relax from restrictions of new tenure,
letters should be written to the concerned persons that their
demands have been granted and they shall have to pay
premium (Amount to be written in the letter) within 21
days, which they should pay to government. If the amount
is paid within 21 days, orders should invariably be issued
within three days there after, so that the person who sought
permission shall not be required to issue reminder. If the
amount is not paid within prescribed period of 21 days, the
competent officer should presume that the persons
concerned has no interest to get permission and the papers
should be filed. All the collectors are instructed to decide
such cases accordingly. However, the collector may, in
individual cases according to merits and demerits of the
case extend the limit to three months for the cases
pertaining to give exemption from the restrictions of new
tenure to Government lands granted for agriculture on new
and impartible tenure and the cases mentioned in circular
No.TNC-1075-6456-J dated 5-10-77 under section 43 of
the Tenancy Act.
 746

3.16 Relaxation from restrictions of new tenure as well

as lands under Tenancy Act.

Cases in which agricultural lands of the

persons are acquired or may be acquired under Land
Acquisition Act and they shall be required to purchase
agricultural lands at other place for resettlement, no
premium shall be recovered at the rates prescribed by
Government resolutions mentioned above. The relaxation
shall be subject to following conditions:

Conditions :

(i) This relaxation shall be available to those whose total

agricultural lands have been acquired under Land
Acquisition Act.

(ii) The lands which are purchased at other places, shall

be purchased by the purchaser on new and impartible
tenure only.

(iii) The relaxation is for first purchase only. In other

words, the relaxations are applicable to those whose lands
have been acquired or to be acquired solely for irrigation
scheme. However, if after purchasing agricultural land at
one place, he has occasion to sell if, he shall have to pay
premium at prescribed rate.

(iv) This relaxation shall apply to agricultural lands only.

This will not apply to non-agricultural lands.

(v) The affected person, who wants to avail benefit of

relaxation shall obtain certificate from the concerned Land
Acquisition officer and shall present to the collector of the
district from which he purchases land stating that his land
 747

has been acquired for irrigation and …. Acres of land is

required to be purchased elsewhere.

a. Relaxation from restrictions of new tenure and

relaxation in lands of Tenancy Act.

Cases in which agricultural lands of the persons are

acquired or may be acquired under Land Acquisition Act
and they shall be required to purchase agricultural lands at
other place for resettlement, no premium shall be
recovered. Government has decided to apply all the
provisions and conditions made in paragraph 3(16) above
shall apply to the case of persons whose agricultural lands
have been acquired/ may be acquired under land
Acquisition Act for construction of national highways, state
highways and district highways and they shall be required
to purchase agricultural lands at other place for
resettlement.

b. Permission to manufacture bricks in the lands on new

tenure.

If the possessor of new and impartible tenure lands has to

use for N.A. by change in conditions and has to transfer
them for N.A. use, prior permission of competent officer is
inevitable. When manufacturing of bricks are to be carried
out in such lands, prior permission for above purpose is to
be obtained before obtaining permission for N.A. use under
section 65 of Land Revenue Code. When such lands are to
be used for manufacturing of bricks, prior permission may
be granted by recovering premium at prevailing rates
prescribed above. Necessary instructions have been issued
 748

to see that when proposals to allow to manufacture bricks

in the lands of new tenure, they should be checked
according to rules and procedure to give prior permission
should be forthwith carried out.

c. Transfer/ change in condition without prior permission for

honest industrial purpose to the lands of new and impartible
tenure.

With reference to new industrial policy declared by State

Government, to make industrial development speedy and to
remove delay in getting lands to establish industrial units
by entrepreneurs, laws of tenancy Act have been revised
and simplified and necessary amendments have been made
in sections 43 and 63 of Tenancy Act to get sanction with
retrospective effect instead of getting prior permission in
purchasing lands required for honest industrial purposes.
Necessary instructions have also been issued in this regard.

Lands of new and impartible tenure are often used for

honest industrial purposes. Before transferring lands of new
and impartible tenure for any purpose including industrial
use of N.A. or use them for N.A. use by change in
condition prior permission of competent officer is required.
According to this provision, if procedure is made
accordingly, there may be delay in getting land for honest
industrial purpose. In order to remove such delay, like
provision to obtain permission with retrospective effect in
Tenancy Act, the Government has decided to provide as per
following conditions for lands required for only industrial
purposes with reference to lands of new and impartible
conditions :
 749

Conditions:

(1) The applicant shall give consent that “I/We consent to pay
premium as may be decided by Government for lands of
new and impartible tenure” in column 5 of application from
attached to this office circular No.GNT-1094/3682-JH
dated 20-7-1996.

(2) In all such cases as stated above permission in this regard

shall be given according to standards fixed by collector by
recovery of amount of premium.

(3) Market price of such lands shall be decided according to

provisions in paras on valuation as stated above.

3(20) New tenure and 73-AA : Under which Act permission

may be granted to transfer restricted lands.

Restrictions have been imposed by section 73 A,

section 73AA,73 AD of Land Revenue Code to lands held
by tribals. Restrictions of section 43 of Tenancy Act and
restrictions of new tenure also apply. In these
circumstances, at time of transfer of such lands, a question
arose under which Act the permission is to be taken, the
Government has carefully considered the issue and
following guide lines have been issued.

Restrictions have been imposed by provisions of

section 73 A, Section 73 AA to Section 73 AD of Land
Revenue Code on sale/transfer of agricultural and non-
agricultural lands to tribals or non-tribals. Section 43 of
Tenancy Act and restrictions of new tenure also apply. In
such cases permission is to be obtained under section 73-A,
 750

Section 73AA to Section 73AD and then after under

section 43 of Tenancy Act or permission under new tenure.

3(21) Application form to apply for sale/transfer/ change in

condition to agricultural lands of new and invidivisible
tenure.

Application form has been prescribed for demand

from applicants for sale/ transfer/ change in condition for
agricultural/ non-agricultural purpose of agricultural lands
of new and impartible tenure, which is in Appendix III. If
the applicants fill in the form complete details and apply,
decision in their demands shall be speedy. Instructions
have, therefore, been issued to obtain applications in
prescribed forms.

3(22) Check list for the land under new tenure and for the
proposals for cases where pre-sanction of Government
is required under section 73 AA under the Land
Revenue Act.

Pre-sanction from the competent authority is

necessary in respect of new land or land granted for
agriculture. Necessary check list alongwith some basic
information has been worked out considering the respective
laws for the proposals being submitted for pre-sanction of
Government for sole/transfer of land of controlled authority
under section 73-AA of the Land Revenue Act as well as
for the proposal, to be made for pre-sanction from Revenue
Department. Hence, now onward, such proposals to be
submitted to the government should contain all information
as prescribed in the check-list along with necessary
 751

supportive evidences and along with clear opinion from the

collector/ District Development Officer on the basis of
existing Act and Rules. (The checklist is available in
Appendix 1 and 2).

It has also been observed that such cases, wherein the

Act/Rules empower the Collector/ District Development
Officers to take decisions are also proposed to the
Government as “Special Cases” mentioning that the
permission cannot be granted by the Collector/ District
Development Officer. It is hereby informed that such cases
need not be referred to Government, but should be disposed
by the Collector/ District Development Officers as per the
powers delegated to them.

3(23). Regarding submission of Xerox copies of enclosures of the

proposals under section 73-AA of the land Revenue Act
and under new tenure.

When the proposals are submitted to this Department

through the Collector/District Development Officer for the
first time, alongwith their enclosures for change of purpose/
transfer of land of new and impartible tenure or transfer of
controlled land under section 73-AA of the Land Revenue
Code, when such functions come within the scope of State
Government, the concerned officials are informed to send a
Xerox copy of each enclosure of the proposal. In case of a
back-querry by the Department, the compliance report
should also contain Xerox copies of each additional
document enclosed with the report.

4. In case of breach of condition for the land under new tenure.

 752

If any holder of land, holding the land under new tenure

makes any breach of the conditions, his land should be forfeited
to government and should be disposed of as per rules.

(1) In case of breach by an individual of backward class :

If the land holder belongs to backward class, and if

the breach is mode for the first time, offer for fitting the
land, the land should be re-granted after charging a token
charge, of Re. 1/-. If, however, where the Collector does
not feel inappropriate to regrant the land, it can be handed
over to him on annual lease for a period of one or two year
for which a lease amount of one tenure be collected from
him and if the holder can satisfy with his future conduct,
the land may be granted as new tenure.

(2) In case of breach by an individual of non-backward

class :

When a non-backward class individual has made a

breach of new tenure and has entered into transfer of land,
such land shall be forfeited and the land shall be given to
the same individual under the news and impartible
conditions after collecting the appropriate charge of
holding from him. The charge for holding will be decided
by the Collector on the merit of the case such as the
conditions of an individual, necessity of the land for
maintenance of the family of the individual or this being
the first fault on part of the individual etc. IF however, the
Collector does not find it appropriate to return the land to
him permanently, such land can be given an annual lease
for the period of 2-3 years for which the lease amount can
 753

be decided considering the circumstances of the holder and

if his behaviour is found satisfactory, then the land may be
granted under new tenure.

(3) Regarding benefit to be provided to the persons

belonging to potter community (Kumbhar) in case of
breach of conditions of new and impartible tenure.

The potters (Kumbhars) are considered as those

belonging to SEBC (Baxi Panch) Communities, and
therefore they need to be considered as backward classes.
Such view was taken by the Collector, Junagadh. In a
proposal made to agree with the above view the
Government, in consultation with the Social Welfare and
Tribal Development Department, has decided that when the
decisions are to be taken on such issues and the orders in
this regard are to be issued, the concerned community
should have been included in the list of socially and
Educationally backward communities on that particular day
and in such case, necessary action should be taken in case
of breach of conditions of land of the concerned individual,
as provided in para 4 (i) above.

(4) The spirit of standing orders to be considered while

regranting of land :

When the agriculture lands given on new and

impartible tenure are forfeited to Government on breach of
conditions, the request to regrant such land for agriculture
purpose in reasonable time should be disposed of on merit
so that the previous holder of land doesnot face any
hardship. But when such land has been forfeited to
 754

Government for quite sometime and has become more

valuable in course of time or its utility as a non-agriculture
(N.A.) land has come up; the request for regrant of such
land cannot be accepted. This was and this is the intention
of above mentioned government orders. In such cases, the
forefitted land has to be disposed of at market rates as per
the policy of government in respect of disposal of
Government land.

It is hereby informed to all collectors and concerned

revenue officers to see that these instructions are followed
scrupulously.

(A) In Tharad taluka of Banaskantha district, the

“Narvati‟ lands were granted on new tenure by the
old state. After amalgamation, if such lands are
transferred to other people, the holding charges may
be deducted from the sale-price and the penalty to
the extent of 62.5 to 75 per cent of the remaining
amount be charged and such cases should be
regularized.

(B) The revenue officers should give priority at each

phase to the cases of breach of conditions of new-
tenure land held by Harijans and should see that the
case is disposed of speedily and that no unnecessary
delay happens. This instruction should be brought to
the notice of each revenue officer by the collector
and should see that it is followed.

(C) If the new-tenure land has been given on by the

holder without pre-sanction from the collector, then
 755

the warning should be given for the first fault. If this

happens again after giving the warning, it is second
mistake. If the fault is not found in the season, the
warning should be given after finding the fault;
which will be considered as first fault. The repetitive
fault cannot be said year-wise unless found out and
warning given for it.

(D) When the land is provided on “impartible tenure” as

per rule 37(4) of Land Revenue Rules, the bond is
taken in Form F(1) but when the land is given a
“Impartible tenure‟ as well as “non-transferable
tenure”, the bond is taken in Form I(1).

In Land Revenue Code or rules made thereunder,

there is no definition provided for “new tenure”, but
the kind of such holding has been created in a new
proviso in the section 68 in the year 1901. In this
proviso; two matters could be there simultaneously,
or either of them could be there, meaning thereby
that either the land could be non-transferable or non-
divisible or both to-gether or either of it. If the land is
granted indivisibly, the bond is taken in form F(1)
under land revenue rule 37(4), but when the land is
both impartible and non-transferable, the bond is
taken in form I (1).

(E) When the new-tenure land is forfeited in breach of

condition, but when it is not to be regranted to the
holder as per rules, the disposal of such land is done
as government land. Besides, land is made in name
of Government when the land is forfeited against
 756

collection of government dues or due to breach of

condition of grant of land or an account of failure of
the holder to pay revenue or due to transfer of land.
Such lands are usually well-developed and have been
brought under farming after spending a lot of money
on it. In such case, it is fair to dispose of such land at
market rate. The Government has therefore decided
that the forfeited or government acquired land, if
cannot be regranted to the original holder, and if it is
required to be disposed of such lands should be
disposed of, as per priorities shown in Disposal of
Government Land (as amended from time to time)
but at the market rates.

Note : The provisions contained in para 4(E) above

has been amended and the provisions contained in
para 4(F) have replaced the above provision. Hence,
this provision should be considered.

(F) If the new-tenure land has been forfeited or has been

made in name of Government due to breach of
conditions, or breach of condition of granting, or
forfitted for recovery of Government dues, or due to
non payment of Land revenue by the holder or by
way of transfer of land to Government and if such
land cannot be regranted to the original holoder as
per rules such land should be disposed of by way to
auction as Government land.

5. Regarding land on new tenure to be transferred into old-

tenure for agriculture purpose:
 757

5(1) Regarding removal of the controls of new tenure for

agriculture purpose from new and impartible tenure/to
transfer in old tenure :

Government sanction is required for transfer, for change in

purpose or for division of land in respect of land given on new
and impartible tenure for agriculture purpose, wherein it is mainly
government waste-land granted under various rules or land
regranted under various abolition of Act, such as Bombay Kanist
native Act, Baroda Patel native abolition Act, Land Reform Act,
Baroda abolition Act, Stipendary Lands, Lands under Aveda, acts
for village employees etc. such lands are known as new-tenure
land.For transferring of such lands into old-tenure, or for
facilitating in their transactions or to avoid hardships; various
representations are made to Government from time to time. Of
course, there was some standard for transferring such lands of
new tenure into old-tenure lands but as per GR dated 13-7-1983
refered to in context no. 79, it was stopped to transfer the new-
tenure agricultural land into old tenure agricultural land. It was
under consideration of the Government to possibly simplify the
existing provisions to avoid the difficulties faced by farmer
holders in transferring of land. After careful consideration,
keeping the spirit of the policy intact, as a comprehensive policy,
to transfer the new-tenure impartible land for agriculture use into
old tenure agriculture use only, Government resolves as under :

(1) For agriculture purpose only, the new tenure implartible

land should be noted as “eligible for premium for non-
agriculture purpose only”, deleting the note of “new and
impartible kind” from the land record after collecting 60
times premium amount of land revenue.
 758

(2) The new-tenure impartible land such as land under

Bombay abolition of Tenancy Act, and other abolition acts
wherein there is a provision to obtain sanction of competent
authorities, can also be permitted to be made free from
new-tenure controls as per (1) above by collecting 60 times
of premium amount of land revenue.

(3) The above benefit will be available to only those holders

who have held the land continuously for 15 years or more.

(4) The provisions of Urban Land Ceiling Act is applicable to

six big cities of the state; viz.Ahmedabad, Surat, Vadodara,
Rajkot and Bhavnagar, These provisions will not be
applicable to the lands in Urban Land Cealing areas.

(5) The above mentioned provisions will also not be applicable

to lands in municipal areas of the state.

(6) The above mentioned provisions are applicable only to the

land to be transferred for agriculture purpose. In case of
transfer of land for non-agriculture purpose, the existing
provisions continue to remain in force.

(7) The action is respect of points (1) to (3) above, will be

required to be taken by respective Collectors. They should
collect the necessary premium amount and have to get the
entry made as per point no. (1) above in the concerned
revenue record.

It is further clarified that in the areas mentioned in points

(4) and (5) above, will apply for transfer of land for
agriculture purpose and in case of transfer for non-
agriculture purpose, the provisions contained in G.R. dated
17-9-84 will apply for the whole of State.
 759

5(2) To consider “Ex-Urban Land Ceiling Area” instead of

“Urban Land Ceiling Area” for transfer of new-tenure land in
old-tenure agriculture purpose land :

There is no provision made for transfer of lands under

Urban Land ceiling area or under municipal areas in old-tenure
land for agriculture purpose including those new and impartible
land under tenancy Acts. In these areas, the permission for sale
under new tenure is given after collecting sale under new tenure is
given after collecting prescribed premium as per provisions
contained in G.R. dated 13-7-1983. The Urban Land Cealing Act,
1976 is repealed w.e.f. 30-3-1999. Thus the areas covered under
the Act. do not exist now. It was under the active consideration of
Government as to which areas are to be included instead of these
areas mentioned above. After careful consideration, Government
have decided to keep “ex-urban land ceiling areas” instead of
“Urban land ceiling areas”. Therefore, whenever the words
“urban land cealing areas” appear in original G.R. of Revenue
Department dated 11-3-96; one should read “ex-urban land
ceiling areas”. The provisions is respect of municipalities, remain
intact in the G.R. dated 11-3-96. Thus, the provision to give
sanction for sale under new-tenure for agriculture purpose after
collecting prescribed premium as per GR dated 13-7-1983 remain
intact.

5(3) Regarding removal of restrictions of new-tenure and

impartrible agriculture land in borough areas/transferring
them in old tenure.

The original policy of the department of new and

impartible land including than under Tenancy Act to turn into old-
tenure land and thereby to remove the restrictions of new-tenure
 760

has been reflected in the GR of the department, dated 11-3-1996.

The provisions of this G.R. do not apply to the land under new
tenure in municipal areas as well as new tendure land in ex-ULC
areas. However, there was no reference about the land in Bureau
municipal areas. Therefore, there were incidents where in some of
the collectors/ saught explanation from the Government whether
the benefits of the GR dated 11-3-1996 are applicable to the land
to new terns in borough municipal areas. Therefore, after careful
consideration, the Government has made following clarifications
in respect of transfer of land in old tenure in borough municipal
areas.

i.The borough municipalities are administered under the Gujarat

Municipal Act, 1963 and the municipal borough area is
known as small urban areas. Thus both the municipalities
as well as borough municipal areas are administered under
the same act viz. Gujarat Municipal Act, 1963.

ii.Besides, Bureau areas are situated adjoining to big cities.

Consequently, the development potentials for the lands in
borough are more than in other municipalities.

iii.As such, borough areas are part of the municipal areas. After
careful consideration, it has been decided that the new-
tenure land of borough areas are not to be transferred into
old-tenure land for agriculture purpose after collecting 60
times premium of revenue assessment as per Revenue
Department‟s G.R. dated 11-3-96 but the land of new and
impartible tenure if they are to be transferred/ sold for the
agriculture purpose, they can be sanctioned for sale/transfer
after collecting premium as provided for GR of Revenue
 761

Department dated 13-7-83 as similar to the lands in ex-

ULC areas and in municipal areas.

iv.Regarding empowerment for removal of the restrictions of

new tenure/transferring into old-tenure of the new and
impartible tenure agriculture land :

As stated in para 5(1) above, the Government have

empowered that Collectors to remove the restrictions of
new tenure/ to transfer it into old tenure from the
agricultural land only for agriculture purpose. Thus, in
order to further simplify the above mentioned provisions
for removal of restrictions of new tenure transfer it into old
tenure from agriculture to agriculture purpose and in order
to avoid the hardships being faced by the holders of land; it
is now decided to empower the Mamlatdars instead of
Collectors, subject to following conditions :

1. The concerned Mamlatdars are empowered to transfer new-

tenure land into old-tenure land only upto the ceiling
prescribed under Agriculture Land Ceiling Act in the
concerned areas.

2. All the orders made by Mamlatdars as in (1) above be

scrutinized by the concerned Prant Officers and they may take
only such cases for procedure as per rules after reviewing
them.

3. The land held by the land holders in excess to the ceiling

prescribed as in (1) above, the poweres to transfer them in old-
tenure will remain with the collectors as provided for in GR
dated 11-3-96.
 762

4. The applications in this regard will be submitted to the

Mamlatdars, by the land holders alongwith necessary
information. On receipt of such applications, the Mamlatdars
will verify the application as per rules and if it is required to be
sanctioned; the sanction may be accorded within 30 days.
Even if the sanction cannot be granted, the application maybe
disposed of accordingly within this time limit and the applicant
should be informed accordingly.

5. If, while according a sanction, there is some charge on the

land it should be sanctioned to be transferred into old tenure
alongwith charge and the concerned officers may pass the
orders accordingly.

5(5) Regarding empowerment in respect of removal of restrictions

of new tenure/ transferring into old tenure of agriculture land
which are of restricted land :

As stated in para 5 (4) above, Mamlatdars were empowered

to remove the restrictions of new-tenure/ to transfer the new-
tenure agricultural land into old-tenure agriculture land. But as
per provisions of Tenancy Act, the power transferring of power of
the restricted kind of land lies with collector or Assistant/ Deputy
Collector, the above mentioned empowerment to the Mamlatdars
is not in agreement with the provisions of the Government Act.
Therefore, as per section 2 (ch) of the Act, in respect of only those
restricted kind of land, those powers are now vested in concerned
prant officers (Deputy/Asst. Collectors) instead of Mamlatdars
with following conditions.

(1) For transferring the land of restricted kind under Tenancy

Act. held by the land holders upto the ceiling limit
 763

prescribed under the Agriculture land ceiling Act its

concerned areas, in old-tenure land, the powers to accord
sanction will remain with the Prant Officers (Deputy/
Assistant Collectors) and if such application is eligible for
sanction, the sanction should be accorded within 30 days,
and even if the application is not eligible for such
sanctions, it should be disposed of within this time limit
and the applicant should be informed accordingly.

(2) All the orders issued by the Prant Officers (Deputy

/Assistant Collectors) as in (1) above, should be scrutinized
by the Collectors and in cases where such cases only should
be taken in review and the procedure should be done within
a period of 30 days, as per rules.

5(6) Review of orders sanctioning the new tenure agriculture land

under Tenancy Act in new tenure.

As stated in 5(5) above, the powers to transfer the restricted

type of land under tenancy Act in its use or to transfer it in new
tenure have been vested in Prant Officers (Deputy / Asst.
Collectors) and the powers to scrutinize all such orders and to
take the necessary cases in review and make procedure according
to the rules have been vested in the collectors. As per the
provisions made in section 2(ch) of the Bombay Tenancy and
Agriculture land Act, 1948, the functions and powers of the
collectors are vested in Deputy Collectors/ Assistant Collectors.
Therefore the Collector can not make a revision of the cases in
which the Prant officers, Collectors/ Assistant Collectors have
made orders of change of use/ transfer in old tenancy of the land
in exercise of the powers vested in them. Therefore, if the orders
made by the Prant Officers/ Dy. Collectors/ Assistant Collectors
 764

are found improper or illegal by the collectors, the collectors are

now required to make a revision application on behalf of
Government to the Gujarat Revenue Commission.

5(7) Regarding time-limit for disposal of applications for removal of

restrictions under new tenure/transfer in old tenure.

The instructions were issued to dispose of the applications

for removal of restrictions/ transfer into old tenure of only new
and impartible tenure land for agriculture purpose, including
those, under the Tenancy Act within a period of 30 days. But
now, the Government have decided the time limit of 60 days
instead of 30 days. Therefore, the concerned competent officers
should dispose of the applications received with all the details,
within a period of 60 days.

5(8) Regarding giving powers to remove the restrictions under the

new tenure/transfer into old tenure.

(1) Despite very clear instructions from the Government, the

Government have received the representation that the
applications made by the applicants/holders and the farmer
representatives are not being disposed of within the
prescribed time limit. Besides, corruption is also made. In
context of such representation, the department has gathered
some information. If was found that the quantum of
pending applications are much more., The reasons for
pending were also of usual type such as pending for
inquiry, pending for decision, pending for want of adequate
information, pending for payment of premium etc.

(2) The Government have prescribed the time limit for speedy
disposal of the application within the time limit to ensure
 765

that the applicants do not face hardship. Despite this, the

complains as above are received by the Government. The
Government views it very seriously. Therefore all the
collectors are informed to see that the applications are
disposed of within the prescribed time limit of 60 days and
to take strict disciplinary actions against the concerned
revenue officers/employee for their mistake in working.

5(9) Regarding submission of necessary record for removal of

restrictions of new tenure/ transfer into old tenure.

All the collectors of the state are informed that while the
applicants make an application to transfer the new-tenure land
into old-tenure to the Mamlatdars/ Deputy Collectors/ Prant
Officers/ Assistant Collector they should not be asked to produce
the revenue record certificates (such as 8/A, 7/12, 6 etc.) or their
certified copies etc. because this is a Government record. All the
concerned Mamlatdars/ Deputy Collectors/ Prant Officers/
Assistant Collectors should be given such instructions invariably.
When the Circle Inspectors/ Circle Officer are asked to make a
proposal, they should be asked to obtain relevant record/
certificates etc. from the concerned Talatis and the Talati‟s should
be instructed to provide the record within 3 days maximum. If the
talatis are found careless or making a delay, the concerned
collectors are informed to make a proposal recommending to the
District Development Officers, with their own signatures, to take
disciplinary action against the talatis.

Note : In view of the provision contained in 5(10) below, the

provisions made in 5(7) to 5(9) do not have their existence.
 766

5(10) To transfer the new-tenure land into old-tenure land suo

motu.

In the above para 5(1) to 5(9) a provision has been made

for policy of removal of restrictions of new tenure/transferring in
into old tenure of land for agriculture purpose including those
new and impartible tenure land under the Tenancy Act. In order to
make this farmer-oriented policy more simple and compact,
various representations are received by Government. In the
consultation committee with the legislators also a suggestion was
made with a view to make the present policy simpler, that the
very system of making to application alongwith the relevant
certificates by the land holders for transferring the new tenure
land into old tenure land for agriculture purpose should be
stopped all to gether, and instead the government should suo motu
transfer the new tenure land into old tenure land, without asking
the land holders to apply. Government has considered this
suggestion seriously and accordingly, after careful consideration,
has decided to make definite change into the existing policy and
follow the new policy as under:

The Collectors/ District Development Officers and the

concerned Officers are accordingly informed to follow the
following procedure:

(1) All the Talati-cum-Mantris should collect and compile the

following information in respect of the new tenure
impartible land including those under the Tenancy Act,
within their jurisdiction, the continuous holding of which
completes 15 years or more: viz, the record of such land in
7/12 and 8/A registers in last 15 years, whether there is any
breach of conditions, the amount of 60 times premium,
 767

name and address and other relevant information in respect

of the applications etc.

(2) On receipt of the above information, the Mamlatdar should

segregate the information, in respect of the land under the
Tenancy Act, and should forward it to the concerned Prant
Officer/ Dy. Collector maximum within a week.

(3) The Mamlatdars/ Prant Officers/ Dy. Collectors, should

verify the information received by them within a week and
should write to the land holders, whose land can be
transferred into old tenure, to pay the 60 times of the
premium amount within 21 days with a copy to be sent to
the collector, invariably. On payment of the above amount,
on the same day or the next day the respective order, should
be issued invariably. If the holder fails to pay the amount
within 21 days, a further period of 1 month can be granted.
No further relaxation in this respect can be granted. No
further relaxation in the respect can be provided. If the land
is not eligible to be transferred into old-tenure, the
concerned parties should be informed of this alongwith
appropriate reason.

(4) The orders issued by Mamlatdar/ Prant Officers (Dy.

Collectors) should be taken in revision as per standing
instructions. The procedure on revision, in case of land
under the Tenancy of Act, be done in accordance with the
Resolution of Revenue Department no. NSJ/1096/ 3231-1/J
dated 19-9-1998.

(5) As the land are now to be transferred in old tenure suo

motu instead of by calling the applications, the pending
 768

applications till the date of this instructions should be

disposed of as per standing instructions invariably.

(6) If any irregularity is found in the above maintained

procedure at any level within the prescribed period, strict
disciplinary actions should be taken against concerned
officers/employees as per rules.

(7) The above instructions come into force from the date of
orders.

5(11) Regarding transferring into old-tenure land of the land in new and
impartible tenure for agriculture purpose only of the land which
has been declared excess under the Agriculture Land ceiling Act.
and which is distributed to the beneficiaries:

(1) If any individual or an organisation holds land on 1-4-1976

which is in excess of the area prescribed number the
provisions of the Gujarat Agriculture Land Ceiling Act,
such excess land is taken in the name of Government. Such
excess land is distributed among weaker sections of people
on priority basis for agriculture purpose under new and
impartible tenure.

(2) It was under the consideration of the Government to

transfer such lands under old tenure from agriculture to
agriculture purpose only. After careful consideration, the
Government have decided to apply the provisions of the
original resolution of Revenue Department dated 11-3-96
for transferring the land which was declared excess under
Gujarat Agriculture Land Cealing Act and which was
distributed to the beneficiaries for the or agriculture
purpose only under new and impartible tenure into old
 769

tenure for agriculture purpose only. For the purpose, the

procedure under para 5(10) will be followed.

(3) The powers to transfer the new-tenure land into old-tenure

are vested in the Prant officers/deputy collectors (L.I.) and
the orders issued by them shall be taken into revision as per
existing rules.

(4) But if, after getting the land transferred in old tenure, if the
permission is sought those the land for non-agriculture
purpose, the land will be eligible for premium according to
rules as per provisions contained in para 3(2) above.
Besides, while transferring the land for non-agriculture
purpose, in order to see that the premium is not remained
uncollected, a clear note may be made in rural record
“eligible for premium only for non-agriculture purpose”.

(5) Besides, while giving such permission for the land to be

utilized for non-agriculture purpose, permission should be
sought at government level. The procedure in this respect
should be required to be done by the branch dealing with
agriculture land cealing act and only after receiving of such
permission, the land can be granted to be used for non-
agriculture purpose.

5(12) Explanation in respect of removal of new tenure restrictions/

transferring into old tenure of new and impartible tenure
land.

Necessary explanation is provided on following two points

in respect of the querries received on the issue of removal of new
tenure restrictions/ transferring into old tenure of new and
impartible tenure land for agriculture purpose :
 770

Point No. 1 : When a permission is sought for sale of new tenure

land for agricultural purpose, should they be granted the
permission after collecting 60 times premium amount or should
there be an order to remove the new tenure and then after they
should be asked to make a sale deed in respect of that lands.

Explanation : The provision is GR dated 11-3-1996 is very clear,

After collecting 60 times of the amount of land revenue, the new
tenure conditions are to be removed from the land recovered,
replacing the note by “eligible for premium only for non-
agriculture purpose only” in the land record. This is to be done to
sale to other persons.

Point No. 2 : If the land holder has this being the only piece of
land, available for one, livelihood. If he seets permission for sale,
after paying 60 times of the premium amount should he be
granted permission?

Explanation : As stated in explanation to point no. 1 above, no

direct permission to sell is to be given. Only the reference of new
tenure is to be removed from the government record.

5(13) Explanation regarding considering of continuous 15-years

occupation in cases of division of land while distribution
among families or in case of land being held by heirs while
transferring new-tenure land into old tenure.

It has been seen during experience that sometimes the

holder of land expires and the land is distributed among his heirs
and such enteries are considered as breach of conditions and it is
interpreated that the holding is not continuous for 15 years.It is
clarified that considering the standing instructions, in case of
death, if the land is distributed to direct blood relations (Son,
 771

daughter/wife), it cannot be considered as breach of conditions;

because succession by heir is not transfer.

Often the holder at new-tenure of land is alive but during

his presence only, he wants to distribute the land to his horizontal
heirs viz. his brothers. In such cases, such distribution can be
done only with the pre-permission of Collector and when such
pre-permission is taken, the continuous 15-years holding is to be
reckoned from the date of holding of original holders.

But if such distribution among family members is done in

the presence of holder of land without pre-permission from the
collector, it is considered as breach of condition and the land is
forfeited to the Government. Often the holders have not taken
such pre-permission due to ignorance of laws and rules. In such
cases of breach of conditions, the collector, as per provisions
contained in para 4(1) and 4(2) of this resolution, after collecting
the amount of holding-rights, re-grant the land to same
owners/holders. In such cases of breach of conditions, the
continuous 15-years‟ holding is to be considered, not from the
date of re-granting. This provision is applicable in case of only
family distribution among direct blood relations.

These clarifications are to be considered only for the

purpose of transferring new-tenure land in old tenure land for
agriculture purpose.

5(14) Regarding the cases not to be considered as breach of

conditions when the holder of new-tenure land has made
distribution of land among family in one‟s own life-time.

When the holder of new and impartible-tenure of land is

alive and in his presence distributes the land to his direct blood
 772

relations (son, daughter, wife etc.) or when such new-tenure land

is received by one is succession and therefore want to distribute it
among his brothers, it is necessary to take pre-permission from
the collector, because the land is of impartible tenure. When such
family distribution is done without pre-permission from the
collector, such land is to be forfeited to government as per
existing government instructions.

Due to ignorance of law or due to any other circumstances

sometimes the original holders forget to seek such pre-permission.
In such cases of breach of conditions, as per the G.R. dated 16-3-
82 of this department, and vide its provision in para 4(1) and 4(2),
the amount of holding-right is to be charged and the land is re-
granted to original grantees and in such cases also, the continuous
period of holding of 15 years is to be reckoned from the date of
original holding and not from the date of re-granting as per orders
in force.

Despite these provisions, when the land holders of such

land have forgotten to take pre-sanction from the collector, while
making distribution of land among family members, it is directed
that if the following conditions are fulfilled and if there is no
other breach of conditions, such lapses should not be considered
as breach of conditions :

(1) Such distribution of land should have been done by the

original holder among his direct blood relations (son/
daughter/ wife).

(2) If such new-tenure land is received by only the present land

holder in succession; (by way of death of original grantee or
 773

by way of being Head of undivided Hindu family) and

thereafter it the family distribution takes place among brothers.

(3) While making such distribution, care should be taken to see

that there is no violation of provisions of Division of Holding
Act.

(4) The cases that have occurred before issuing of these

instructions, and wherein, they are considered as breach of
conditions and in which the action is in process, such cases
should be filed.

(5) The person (son/ daughter/ wife/ brother which ever is

applicable) get the land as per details in para (1) and (2) above
will hold the land as new and impartible tenure land and the
conditions under which the original grantees are granted the
land will apply to this land as well.

(6) In the cases of such family distribution, the duration of 15-

years‟ continuous holding will be reckoned not from the date
of family distribution but from the date at original grant of
land.

(7) After issuing of these instructions, it should be seen that no

breach of conditions of provision in para (3) above or that of
any other conditions takes place.

(8) All the cases of breach of conditions so regularised as per

these instructions and the family distribution that takes place in
new-tenure land will be recovered in register of rights. If the
competent officer certifying such notes/record, feels that there
is no objection in certifying it otherwise, he may certify these
notes and shall place an endorsement then “Subject to the
instructions contained in the letter no. NSJ/ 102001/ 4646/ 1 /J
 774

dated 30-10-2002 of revenue department” in village register

no. 6.

5(15) Regarding payment of 60 times of amount to the Talati.

Often the land holder farmers are asked to pay 60 times

premium amount, as per existing government instructions for
converting new-tenure/ land into old-tenure land for agriculture
purpose, into old-tenure land for agriculture purpose, in the bank
and submit the copy of a chalan. The illiterate and poor land
holders face great hardships and difficulties in depositing the
amount through Chalan etc. To remove such hardships and to
bring about uniformity in the procedure in the entire state, it is
now instructed that when the new-tenure land are converted into
old-tenure land for agriculture purposes and when the
Mamlatdar/Prant Officer/ Deputy Collectors pass an order to
deposit 60 times of premium amount, the land holder farmers may
pay this amount with the Talati of a concerned village instead of
depositing it with chalan. The Talati should issue a receipt of the
amount immediately. The talati has to deposit such collected
amount of 60 time premium by chalan in the respective Main
Head/ Sub Head/ every month. When the holder of the land
presents with a receipt issued by a Talati, the Mamlatdar/ Deputy
Collector/ Prant Officer will issue the orders converting the new-
tenure land into old-tenure, land in due course of time.

5(16) Regarding starting of a campaign for converting new-tenure

land into old tenure land for agriculture purpose.

In order to simplify the policy of converting new tenure

land into old tenure land for agriculture purpose, the Government
have decided as per para 5(10) above that the land holder need
 775

not make any application in this regard and that the Government
have decided to convert the new-tenure land into old-tenure land
Suo motu. But it is observed that the cases are not disposed of
according to the provisions of the above resolution and a number
of cases yet remain pending. The farmer‟s representatives also
make representations about such pending cases. Considering
above, it has been decided to organize a state-wide campaign
from 1-7-2004 to 30-09-2004 for disposal from 1-7-2004 to 30-9-
2004 for disposal of cases according to above mentioned
provisions. In past also, such state-wide campaigns have been
organized and their results were good. The Government‟s
approach is to plan such campaign every year.

5.17 Regarding giving all powers to Deputy Collectors for removal

of restrictions of new-tenure/convert them into old tenure of
restricted type of land under the provisions of the Tenancy
Act.

As per provisions contained in para 5(10) above,

Government have adopted a farmer oriented policy, whereby the
land holders need not make applications alongwith concerned
certificates and that Government, suo motu, will convert the new
tenure land into old-tenure land. In order to see that the cases are
disposed of within a time limit, the Government had organized a
state-wide campaign between 1-1-2002 to 31-3-2002. During this
campaign, in order to see that the cases of restricted type of land
under the Tenancy Act are also disposed of and that good results
of the campaign are received and that the burden of work of Prant
Officers during the period of campaign is lessened, the powers to
convert the restricted type of land under the Tenancy Act, from
new-tenure into old tenure, for agriculture purpose only, were
 776

given to Dy. Collectors only during the period of campaign (i.e.

between 1-1-2002 to 31-3-2002), alongwith the concerned Prant
Officers (Dy./Asstt. Collectors). After extending the time limit of
these powers upto 30-6-2002 was further extended upto 30-9-
2002.

The above mentioned extended time limit upto 30-9-2002

was not extended for all the cases. But, in case of those cases,
wherein the concerned Deputy Collectors have issued orders for
paying of 60 times premium amount and in the cases where the
land holders were informed to pay the said 60 times premium
amount, but in some cases the land holders might have paid the
said amount after 30-0-2002, in such cases, the powers to make
final orders in respect of the concerned land as whatever further
process has to be done in this regard, the powers of the Deputy
Collectors were extended upto 31-3-2003.

5(18) Regarding planning of programmes of issuing of orders

converting the new tenure land into old tenure land.

As per para 5(10) above, the policy of converting new-

tenure land into old-tenure land for agriculture purpose only, has
been simplified. In order to ensure that the cases are disposed of
within a time limit in accordance with the provision as above, the
Government had organized a state-wide campaign from 1-1-2002
to 31-3-202. Besides, the revenue department had organized
programmes in 9 (nine) districts of the State for distribution of
order of converting new-tenure land into old-tenure land during
the campaign and as per the instructions issued in para 5(10)
above. The Government have decided that these programmes in
above mentioned nine districts are organized for distribution of
orders converting new-tenure land into old-tenure land, in the
 777

presence of VIPs and through VIPs. As a part of this, following

instructions are issued to all collectors :

(1) Such programmes should be organized of the end of every

three months.

(2) The programmes should be planned in the month of April

to the orders made during January to Mach, in the month of
July to distribute the orders made during April to June, in
the month of October to distribute the orders made during
July to September and in the month January to distribute
the orders made during Octobers to December.

(3) The information in respect of order issued in each quarter

and about programme organized during the quarter should
be sent to revenue department regularly.

All the concerned are instructed to comply with these

instructions scrupulously.

6. Provisions regarding breach of contract of new-tenure land :

(1) If the land is granted under any specific norms or

conditions, and the bond in this regard is obtained from the
holder in prescribed proforma and if these conditions are
properly described in the said bond and if it is clearly
mentioned in the bond that the possession and use of land is
subject to fulfilling of these conditions under section 68 of
the land Revenue Code and even if not mentioned
explicitly in the bond about consequences of breach any of
these conditions, the procedure can be done for breach of
any of the conditions under section 79-A of Land Revenue
Code.
 778

(2) Even when it cannot be proved by direct, indirect or

circumstantial evidence that the land is under new-tenure,
the sanction of land cannot be cancelled even if there is
reference as “New tenure” in 7/12 form of the village
Register and thus the land cannot be forfeited to
Government. In such cases, when the bond is not in
required proforma or when it is lost, it is necessary to have
a new bond on record.

(3) Under section 70 of the Land Revenue Code, if the new

tenure land under the restricted type, which otherwise
cannot be transferred without the permission of collector, is
taken into custody by court notification, the collector
cannot raise an objection that the land is non-transferable;
but however at the phase when the court notification is
effected and the land is taken for auction, the collector is
empowered not to give permission for its transfer.

(4) The restriction exists that the land can not be transferred
without pre-permission of the collector under section 73-A
of the Land Revenue Code, under section-3, point no. (17)
the right to possession or holding means the part of land
held by the holder. Considering this definition, in context
with section 73-A of the Act; since the land cannot be
trasnfered without pre-permission of the collector, it can be
given on rent or lease; meaning thereby, to change the right
to hold/possess. Thus, to hold the land on lease is as good
as its transfer. Such transfer also cannot be done without
pre-permission from the Collector, in view of section 73-A
of the Act.
 779

(5) After converting the new-tenure land into old-tenure land,

if for the purpose for which application was made to
convert the land, is not realized within the prescribed time
period, after serving a notice for 3 months, the land can be
forefitted to Government.

7. To be cautions against the cases of breach of conditions of

new-tenure land.

(1) In form 7/12 of Village Register, besides making a

note under column “other rights”, even on left corner
of the form also, the words “new-tenure land”
should be written with red ink.

(2) While preparing a „Phani Patrak‟ or while recording

the transfer entry, Talati should immediately report
to the Mamlatdar about breach of condition.
Mamlatdars and Prant Officers during their
inspection tour/visit, should scrutinize, the case of
breach of rights and make appropriate procedure.

(3) The Circle Officers and Circle Inspectors also,

during crop inspection or during verification of notes
of transfer, if the case of breach of condition is found
out, should immediately inform it to Mamlatdar.

(4) The inspecting officers also should make a mention

of such beach of conditions cases in their monthly
diary, when they locate such cases.

(5) The collectors, Prant Officers and the Land Record

Officers also should verify the diaries of Circle
Officers or Circle Inspectors and should find out the
 780

cases of new tenure land and should Pay Special

attention on Talati‟s functions.

(6) Who so ever officer has connived at the cases of

breach of conditions of new tenure land; the
Collector should take strict disciplinary actions
against them.

(7) Just only by mentioning the tenure “new tenure” in

the village record, it is not clearly understood that the
land is impartible and non-transferable. There fore in
form no. 6, 7/12 and in other registers it should
clearly be mentioned that the granting of this land is
“impartible and non-transferable”.

(8) In the notes in land rights, if there is no bond or

contract or any other evidences regarding granting of
the land, such notes should not be changed, unless
and until it is proved that these notes are false.

(9) If any person raises an objection on the basis of

documents or other evidences that the notes in record
about type of land is mentioned wrongly or when the
detail of notes are found false at the time of
inspection of village records, legal procedure should
be done on the basis of record of rights and then in
both the village form No. 6 and 7/12, the decision
should be recorded that the land is impartible or non-
transferable or both.

8. As decided in Revenue Accounts Manual, the shape and

site of the land is indicated in Village Form No. 1 under
the column of Abstract. Still however, the classification
 781

of land should be introduced in village form No.1 in

following manner :

The classification of land as per its holding rights

should be shown in column (2) of village form No.1.

a. Old Tenure : Under this head, that land should be

considered which is is of Raiyatwari type under section
63 of Land Revenue Code and that land for which the
holder has right for sale and division of it.

b. New Tenure : It is that land which is controlled or

restricted under section 73-A of Land Revenue Code.

(1) Restricted under section 73-A of Land Revenue Codes.

(2) Land with holding rights with restricted rights under section 43
or other sections of the Tenancy Act.

(3) Land withholding rights with restricted rights under various

Land Reforms Acts.

(1) Devsthan Inami Lands.

(2) The type of land should be mentioned in case of

lands which does not fall under (1) to (3) above.

Such classification should be mentioned in village

Form no. 1and its abstract should be worked out as shown
in the village form. When any revenue officer moves for an
inspection visit, those notes should be examined in light of
notes in Phani Patrak and record of right and if any act is
found which is ultra-virus to the conditions or against any
rights necessary procedure should be done. The collectors,
in this respect should inform orient the Deputy Mamlatdars,
Circle Officers and Talatis. If a Talati finds any breach
 782

while preparing a panipatrak or during his visit, he should

immediately report to higher authorities and the higher
authorities should take necessary action in the matter.

9. Giving of new-tenure land on lease.

(1) The land could be given on lease only to genuine

farmers.

(2) The demand for giving new –tenure land on lease for
monsoon crops new-tenure land on lease for
monsoon crops (Kharif Pak) should be made before
31st of March and for Summer Crops (Ravi Pak)
before 1st of July. The Collctors should cause to
dispose of such demands before the season for taking
crop starts, otherwise there would be problems of
breach of condition.

(3) If the holder of the land is working in Army or is

aged one or is physically or mentally disabled and
therefore cannot undertake agricultural activities
himself, the permission should be granted to give the
land on lease. Likewise, in cases of widows or in
cases of minors, such permission to give land on
lease should be granted. In case of minors, the period
of lease should be till the minor becomes major.

(4) The Collector should given permission to grant on

lease, lands of new tenure where such lands are held
by any public, religious, charitable institution.

(5) The Collector may give the powers to the Prant

officer for giving permission of granting lands of
new tenure on lease.
 783

When the land is to be given on lease in cases

other than above, if the collector finds reasonable, he
may put such cases before the collector.

(6) The custom that Maleks Thasra can lease their lands
without permission of the Government is removed.

(7) The Collectors should give permission to the

possessors of land of new tenure to allow
constructing school in rural areas. Subject to the
condition that the farm, building in which it is
decided to maintain school shall be actually put to
use for school and shall not be put to any non-
agricultural use and if the possessor recovers rent for
using this farm building for school, he has to pay to
the government, assessment of non-agricultural rate
equal to space of farm building.

10. Giving Gift of land of new tenure :

(1) The collector or Prant Officer may give permission

to grant lands of new tenure on gift to near relatives
subject to the condition that they agree to cultivate
the lands by self-cultivation and the person who
gives gift has no legal heir and if he has heir he has
no objection.

(2) The land holder may seek permission for giving gift
of land of new tenure for public purpose to
institution or individual for putting to use for public
purpose or for charitable purpose. In such cases, the
person who takes gift has to give one writing in legal
form that the land will be put to use for particular
 784

purpose and in default, the government will resume

the land and no compensation will be paid and before
doing so, he will give notice of three months. No
permission for giving gift for religious matter can be
available.

(3) “Lands of new tenure” Bhudan Samiti which is

authorised by Acharya Vinba Bhave will be
considered land of new tenure in favour of Seva
Sangh, may be transferred as a gift and by this
Bhudan Samiti, and Sarva Seva Sangh may retransfer
such lands to landless people under new and
impartible tenure. Mamlatdar can give such
permission.

N.B. : (A) The Revenue Department should not go

in interpretation of veracity of gifts of land because
of Bhudan activity, but see only lawful possession of
the land.

(B) Forego the cases of breach of condition

regarding lands gifted for Bhudan.

(C) If the prohibition of Fragmentation Act is

violated with regard to land of Fragmentation held
under new tenure, permission to transfer such land
should not be given.

(D) Provisions of Tenancy Act will not be

applicable to lands of new tenure transferred due to
activity of Bhudan and permission maybe given
under the Tenancy Act for such transfer.

11. Giving permission for mortgaging lands of new tenure.

 785

(1) If a land holder of non-backward class has

transferred unauthorisedly to any other person after
mortgaging the land of new tenure to the registered
co-operative society, such land after resuming by the
government and examining merits of the case and if
it is first mistake of the agriculturist, it may be
returned for maintenance of the family of land
holders, subject to occupancy price that may be
decided by the collector and to mortgage to the
society. If these conditions are not satisfied or if the
land holder does not want back or he has no
economic capacity for that, ;this land can be disposed
of in a manner in which he may not suffer harm and
if any demand does not come forward for this land
this land maybe entrusted to the society and the
society may after obtaining permission of the
collctor, lease to bonafide agriculturist.

(2) As per Land Improvement Loans Act and

Agricultural Loan Act, non-transferable lands of new
tenure, may be generally mortgaged in favour of
registered co-operative societies for obtaining loan
by the land holders and for that permission will not
be required.

(3) In order to get loan under the Land Improvement

Loans Act and Agricultural Loans Act, the land
holders who have held lands under new and
restricted tenure may, securing advance on their
lands, mortgage as security in favour of the State
Bank of India, its sub-branches and the following
 786

nationalized banks and for that permission will not

be required :

(1) Union Bank of India and its sub-branches.

(2) Central Bank of India.
(3) Bank of India.
(4) Punjab National Bank
(5) Bank of Baroda.
(6) United Commercial Bank
(7) Canara Bank
(8) DENA Bank
(9) Syndicate Bank
(10) United Bank of India.
(11) Alaabad Bank
(12) Indian Bank
(13) Indian Overseas Bank
(14) Bank of Maharashtra

(15) Any other Natinalised Bank.

There shall be first charge in respect of

advances made by the Government on securities on
agricultural lands, whereas there shall be second
charge of Banks on advances being made by them.

(4) Lands of new tenure under Land Improvement Loans

Act and Agricultural Loans Act.

Lands mortgaged in favour of registered co-

operative societies, except lands re-granted under
land tenure abolition Acts and when loan is obtained
on that land, if violation of condition is found on
 787

account of any other reasons, interest of such co-

operative societies be safeguarded.

12. Difference between charge and mortgage:

Because of charge the right to get amount in payment

from a particular fund or from a particular property arises
whereas in mortgage interest of definite immovable
property is transferred.

13. Exchange of land of new tenure :

The land holders of new tenure may exchange their

lands for land of old tenure, provided that the land which is
exchanged will be considered that of new tenure.

14. Making partition of land of new tenure and land of

impartiable tenure and distribution in family.

For partitioning land of new tenure and impartible

tenure, for distribution in family prior approval of collector
is necessary due to “impartible” tenure.

(1) Partition of land, given under new and impartible

tenure cannot be made without permission of the
collector. On death of a land lord, names of heirs are
entered jointly. If the land in which joint names are
entered is to be partitioned as per share, permission
of collector is necessary. Representation that delay is
occurred in giving such permission was made in the
meting of consultation committee of the Members of
the Legislative Assembly on 2-7-82. As regards, that
the government has decided that as a matter of
course generally such permission should be granted.
Of course, in permission that may be granted to make
 788

partition according to that and part of the land should

not be less than the standard area decided under the
prevention of fragmentation of Agricultural land and
consolidation of Holding Act. Of course, provisions
of other laws/rules should be satisfied. Collectors are
requested to see that above action is taken and no
delay whatsoever may occur therein.

(2) The heirs of deceased land owner, if cases of land

which is in their joint name is partitioned without
getting permission under section 43 of the Bombay
Tenancy and Agricultural Land Act and under trial,
such cases should not be conducted but re-
establishing legal condition which was in joint names
of heirs, if application is made, the permission of
making partions amongst heirs should be granted as a
matter of course. Instructions to take actions
accordingly are given to the collector.

15. Payment of compensation while acquiring Land of new

tenure.

(1) Lands which are covered under notification issued

under Section 73-A of the Land Revenue Code in
whole of the state, their compensation should be paid
considering such lands under old tenure.

(2) But in such villages, if land of new and impartible

tenure is given to any person by the government
under special orders, compensation of such lands
should be paid in a manner in which compensation is
paid for the new and impartible tenure, but in cases
 789

following 29-3-78, as per section 11-A of the Land

Acquisition Act, 1891 the amount deductable is fixed
at only five percent and remaining 95%
compensation is decided to be paid to the respective
land owners.

Note : Haring modified the provisions of the said

para 15(2) provision of the following para 15(3)
aremade applicable.

(3) Looking to the judgement of the hon‟ble Supreme

Court (AIR 1996 Supreme Court) 904) dated 1-11-95
(S.A. 3009/83 with C.A. 10421/95 ENES LP(C)
3746/79 / Maharashtra Government versus Baba
Govind Gavare and others) as per hon‟ble Supreme
Court when land of new tenure is transferred as per
provisions of section43(1) of the Bombay Tenancy
Act, the State Government has powers to recover
amounts of government contribution, but when the
State Government compulsorily acquires lands for
public purpose under the Acquisition Act, it is held
that the government cannot deduct such amounts
from the compensation of lands under new tenure.

Taking into account the judgement of the

hon‟ble Supreme Court and looking to the provisions
of Article 141 of the constitution of India, judgement
of the Supreme Court becomes law and at the and of
careful consideration of the State Government,
instructions are given to all Acquisition Officers that
in the lands being acquired under the Land
Acquisition Act 5% amount of the Government
 790

contribution has not to be deducted from the money

of compensation of lands of new tenure being paid.

(4) When land is granted in lieu of the land acquired by

the Government, it is provided that the lands should
be granted under same condition under which the
land holder holds the land.

16. Standard of fixing price of land of new tenure which

giving tacavi loan.

At the time of making advance of taccavi on lands of

new tenure, the price of that should be calculated half the
price of market price of land of old tenure.

16(1) Getting adequate advance on lands of new tenure.

Co-operative credit agencies and nationalized banks

which make advance for various purposes regarding
development of agriculture. They also make advance to
land holders of land of new tenure/ however, since the
market price of land of new tenure is less and since there is
encumbrance of government of paying premium on such
land at the time of every transfer, the agencies making
advance keep wide and safe margin in assessing price of
land. Due to this the land holder holding land under new
tenure get advance of less land and in their cases
development of land gets hindered. Restriction of new
tenure should not come in the way of development of
agriculture which is very much essential and therefore, the
government decides as under :

(1) In cases of holders of land of new tenure if the land

holder has made default in payment of loan amount, the
 791

government will allow the agency making credit to recover

the loan amount considering such land to that of old tenure.

(2) After the outstanding amount of credit agency is

recovered, the government will recover necessary premium
from the amount that may remain. The above mentioned
relaxations will be available only to co-operative credit
agencies and that state Bank of India and its branches and
nationalized banks only.

16(2) Clarification about recovery of Taccavi on land of new

tenure and dues of land development bank by public
auction.

(1) If agriculturist does not repay dues to tacavi,

whether the District Development Officer, take action to
sell by public auction, the secured land of new tenure
and recover money with prior approval of the collector?

Requirement of permission of collector for selling

land of new tenure is for land holder who desires to sell
such land. Where the District Development Officer takes
action through strict measures by virtue of the power of
collector as per provisions of the Land Revenue Rules, he
is not required to take prior approval of the Collector. The
District Development Officer takes action as a
representative of the government by virtue of his power.

(2) Can land development bank sell by auction, the land

of new tenure kept as security for recovery of its dues
without permission of the collector.

(3) If dues are recovered selling land of new tenure as

above (1) and (2) whether the government can recover
 792

premium of 50 percent in such cases as per current standard

of government.

When in this way government dues or dues of the

Land Development Bank are to be recovered, after such
dues are completely recovered from sale price, if any
additional amount remains outstanding from sale price, the
Government may get recoverable premium from that as per
law. Thereafter, means after recovering premium if any
amount remains, the remaining amount may be available to
land holder debtor.

(4) On selling land of new tenure as above, the person

who purchases land by auction, is it necessary to keep
restriction that he should have more land than one
economic holding?

There is no need to impose such restriction. This

kind of restriction will be applicable to those who are given
government lands as relief. Restriction of economic holding
will not be applicable to those who have purchased land by
auction, but ceiling fixed under the agricultural land ceiling
Act will be applicable.

(5) When land of new tenure is disposed of by public

auction under which tenure the purchaser of land by
auction can hold the land.

Under which tenure the purchaser of such land will

held such land depends upon the conditions under which
the auction was held. As a rule the land of new tenure is to
be sold by new tenure. But in advertisement of selling such
land by public auction, it should be made properly clear
 793

that land is to be sold by new tenure so as to enable the

persons desiring to purchase to know clearly that the person
in whose name the auction will be approved shall held the
land under new tenure.

(6) If dues are recovered selling land of new tenure as

per existing norms of government whether the amount of
premium should be recovered or not in such cases?

When dues of government or dues of land

development bank are to be recovered, after such dues are
recovered from the selling price as per government rules
amount of premium admissible should be recovered first
from the amount whichever remains outstanding to be
recovered from the remaining amount and thereafter, if
amount remains as outstanding, that amount may be
available to land holders.

17. Co-operative societies and Land of new tenure.

(1) The Collector may recommend to the Government for

transfer in favour of registered co-operative societies, the
lands held under restricted tenure; though such lands may
not be first mortgaged with registered co-operative
societies.

(2) If such lands are procured by societies due to default of its

debtor member, these lands may be sold by restricted
tenure to bonafide agriculturist by public auction.

(3) The society may grant such lands on lease to bonafide

agriculturist for cultivation obtaining permission of the
collector first. Before the land is granted on lease for
cultivation to anybody else other than original land holder,
 794

the original land holder should be given first opportunity

that he does not want to cultivate this land on lease.

(4) If a land holder of backward class, because of his being a

debtor member of the registered co-operative society has
first mortgaged the land with the society authorisedly, but
subsequently transfer such land of new tenure in favour of
any other person, this land may be attached. If this is his
first mistake the same should be surrendered to him infact
subject to condition of mortgaging to the society. Before
surrendering the land to the original land holder in this
way. Before surrendering land in this way to original land
holder, generally the amount of occupancy price per
holding should be recovered however if the original land
holder does not want the land or he has no implements for
self-cultivation or he has no economic capacity or it is
found that breach of land tenure is committed again and
again, land may be disposed of otherwise without
impediment of the encumbrance of the society. If no
demand for purchasing the land is made by anybody land
may be surrendered to the society and thereafter the society
may give on lease to bonafide cultivator with permission of
the collector.

(5) If the land of debtor member of the registered co-operative

society is attached by the government because of non-
payment of revenue, such land should not be given to the
society or the person selected by it or the surety of the
debtor member, society should be advised to pay land
revenue so that the government may free it from
attachment. If the society refuses to pay land revenue, and
 795

if the original land holder demands the land, land may be

regranted, recovery amount of occupancy right equal to the
amount of land revenue and on satisfaction that the land
holder will cultivate the land by self-cultivation. Otherwise
the land may be disposed of legally. If the society pays the
amount of land revenue, land may be granted to it with new
and impartible tenure and the collector may give
permission to lease or to sell to the society with conditions
that may be found proper by him after examining merits
and demerits.

(6) The land held under new and impartible tenure is

mortgaged unauthorisedly to the registered co-operative
society and has become subject to award, the same shall be
disposed of as per provisions of the Bombay co-operative
Act, 1925 and the land may be sold as per government rules
and regulations.

(7) With regard to cases not included in aforesaid para (1) to

(6) the collector should submit to the government through
the Register of co-operative societies for necessary orders.

17.1 For securing loan under “Seasonal Finance Scheme‟ on the land
held by members of the co-operative society on new tenure, they
may be given permission to create encumbrance in favour of the
co-operative society may be granted subject to the following
conditions.

(1) When any default is made by the land holder for

encumbrance or repayment of amount of loan, direct
disposal of land cannot be made by sale, but he may give
 796

for cultivation on lease by auction and the money received

towards land given on lease for cultivation will be
recovered by adjusting in account against repayment of
loan of defaulter.

(2) On satisfaction by the collector or any other authorized

officer permission to create encumbrance on new land may
be given provided that the applicant should be a self-
cultivator and he has no other alternative, accept land for
security and demand of loan is reasonable.

Resolution No. NSHJ/102006/571/J dated 20-12-2006

regarding removal of restriction of new tenure/conversion
into old tenure for agricultural purpose for agricultural lands
of new and impartible tenure.

1. Lands of new and impartible tenure given for agricultural

purpose, which was granted under rules of Sauthni of
government waste lands, various types of abolition Acts
such as Bombay Kanisht or village servants or chakariyats,
lands regranted under that or such lands for which prior
approval of government is required for purpose of transfer or
for partition. With regard to the policy of converting such
lands in old tenure so as to facilitate transfer of land known
as „new tenure‟ and in other transaction and land holders
have not to undergo any hardship, this has been
implemented under Government Resolution, Revenue
Department, dated 11-3-1996. Thereafter, as per Revenue
Department Resolution dated 19-10-2000 shown at (4) in the
 797

preamble, provision is also made to get such land converted

into agricultural purpose.

2. Under this Department Government Resolution, dt. 13-7-

1983 at (1) under reference, for giving permission for sale/
transfer for agricultural purpose in former ULC area,
municipal area, and municipal borough area, the agricultural
land of new and impartible tenure and that norm is under
implementation at present. Besides this, for giving
permission for change of purpose/transfer for non-
agricultural purpose, norms of premium have been provided
under Resolution dated 18-9-1984 mentioned at (2) under
reference and those norms are under implementation at
present.

3. The question of making modifications in norms of above

said premium for converting new and impartible tenure into
old tenure for agricultural purpose was under consideration
of the government. At the end of adequate consideration,
instead of existing premium policy prescribed under all
Resolutions under reference now it is decided to implement
the following policy.

New Policy
Sr. Purpose Period of Rate of Will be
No. possession Premium transferred
(of existing on which
market tenure.
price)
1. Old tenure from After 15 Nil After 15
agriculture to years years shall be
agricultural purpose automatically
All rural area considered
land of old
tenure but
 798

liable for
premium for
non-
agricultural
purpose.
2. Sale/transfer for sale/ At any time 50% The recipient
transfer from of land will
agriculture to held for
agricultural purpose, agricultural
for urban area like purpose
former ULC area, under old
municipal tenure but
corporation area, liable for
urban authorities premium for
area, municipal area non-
and municipal agricultural
borough area. purpose.
3. Sale/ transfer or At any time 80% After sale/
charge of purpose for transfer or
non-agricultural change of
purpose. purpose land
will be
considered of
old tenure.

4. As regards land of new and impartible tenure being held

under Kachchh Inami Abolition Act, no change is made in
existing agricultural and non-agricultural norms.

5. In above all cases of fixing premium on approval of up-to-

date ready reckoner rates as per up-to-date ready reckoner
will be made applicable. So long as upto-to-date ready
reckoner is not published as per existing system, valuation
shall be made and premium shall be fixed as per above
rates.

Circular No. NSHJ/102006/571/J dated 20-12-2006

regarding prescribing procedure/tenure and conditions of
 799

removing restrictions of new tenure/converting lands of

new and impartible tenure into agricultural purpose.

1. Procedure :

(1) All lands of new tenure including Tenancy Act

the continuation occupation of which comes to 15
years or more periods on last date of every month if
they are convertible into old tenure for agricultural
purpose, the responsibility to see that the entry of
“new and impartible tenure” is deleted from the
record of relevant land, orders of “only liable for
purpose of non-agriculture” and entry is invariably
be made will rest with the responsible
Collector/Deputy Collector/ Prant Officer. It will be
the full responsibility to see that no entry remains to
be made in record as mentioned above will be of
respective Assistant Collector/ Deputy Collector/
Prant Officer shall send the certificate to the effect
that no such entry remains to be made in record, by
the end of 25th of every month.

(2) As mentioned in para 7(1) of co-ordinated

Resolution Revenue Department dated 8-12-2004,
the respective Assistant Collector/ Deputy Collector/
Prant Officer shall exercise vigil that besides the
entry made in column of “other rights” in village
Form No. 7/12 for lands of new tenure and restricted
tenure in left hand corner of the said form, entry to
the effect that land of new tenure/restricted tenure is
made in red ink invariably.
 800

(3) Lands in which breach of tenure is committed

should not be converted into old tenure, but action
should be taken as per breach of tenure.

(4) With reference to process carried out in

converting lands of new tenure into old tenure
including Tenancy Act, as per standing instructions
of the government revision process shall be carried
out.

(5) The action regarding this shall be reviewed by

the Collector in the meeting of Revenue Officers
being held every month.

(2) Powers :

So long as up-to-date ready reckoner is not

published, in cases of sale/transfer from agricultural
to agricultural purpose and sale/transfer for non-
agricultural purpose, or change of purpose,
irrespective of period of occupancy powers to grant
permission shall be as mentioned in (A) and (B)
against sub-para No. (2) of para 3(3) of this
department co-ordinated Resolution as under :

(A) The collector should obtain government orders

and dispose in cities having population of one lac or
more than that or in areas within fifteen miles around
such cities or in district head quarters or within area
of 7 (seven) miles in areas declared as industrial
areas.

(B) The collector should dispose of by his power

in remaining areas:
 801

4. If any delay or irregularity is found at any stage in

the period prescribed for above mentioned action,
strict disciplinary action will be taken against the
respective employee/officer as per rules.

3. Instruction for lands of restricted tenure.

(1) At the time of promulgation of such records, for

village wise survey numbers of restricted tenure, the
lands of occupation for the time of 15 years or more,
orders should be made for premium for non-
agricultural purpose, effect should be given as tenure
in computerised record.

(2) Village wise register of lands of restricted tenure

with name of land holder should be maintained so
that implementation as to under which order and
which tenure the land is vested in the land holder and
when the period of 15 years is completed it is
facilitated and review can be made.

(3) This register will be useful for cross-checking, the

effect given in computerised records for liable for
premium for non-agricultural purpose and for the
purpose of exercising vigilance.

(4) In cases of breach of tenure orders of old tenure

should not be made.
 802

Chapter -40
Khorda lands being held under restricted right of Chav, Karami,
Ubhad, Rawda in old Saurashtra area.

Under Government co-ordinated Resolution, Revenue

Department No. RVJ/1079/11992-Z dated 10-10-79 and Government
Resolution, Revenue Department No. RVJ/2790/MR/ 63/2 dated 10-4-
2006 following provision is made to dispose Khorda lands of Chav,
Karami, Ubhad, Ravla tenure in old Saurashtra area.

Under Government Resolution, Revenue Department

No.RVJ/2790/ MR-6312 dated 10-4-2006 instructions are issued for
converting the Khorda lands being held by restricted tenure like Chav,
Rawla, Karami, Ubhad etc. in old Saurashtra area, which is to be
implemented taking the following details into account.

Prior to the formation of Saurashtra State, various types of rights

and interest were in existence for residential houses and residential lands
in villages and cities. In some area there were absolute rights towards
such lands, whereas in some area there were restricted rights like Ravla,
Chav, Karami, Ubhad. The old Saurashtra state had laid down such
policy that those who want to continue their existing rights should be
allowed to continue their occupancy rights, but those people who want
to get sale rights of old tenure as per land revenue code, should be
granted such rights recovering occupancy price on the basis of
population. In this way there was no time-limit for conversion of lower
rights into higher rights. When there orders were made, such cases came
to the notice of the government that in which people have no right to sell
such lands, or they had sold lands without paying occupancy price and
committed breach of tenure. According to rules and regulations of that
time because of breach of tenure those lands were liable to be resumed.
 803

But these sales were made due to misunderstanding and ignorance,

Saurashtra state has decided that such sales made illegally may be
regularized paying occupancy price upto 30-4-1957. The old Saurashtra
state had for converting the houses of Chav, Ravla, Ubhad etc. right into
sale right, taking into account the respective village (villages without
municipality) fixed prices of continued rate the people having
khorda/houses with Chav, Rawda, Ubhad rights, after paying current
price, making application at any time for sale right, could get sale right.
After paying such current price. After payment of such current price,
related certificate/ Sanand was given, on the basis of which they could
easily make sale/ mortage transaction towards house.

It has come to the notice of the Government that still there are
many cases in which people are living in such houses having limited
right. As the holders of these houses have no evidence of ownership
right they could not sell, whereas some people illegally transfer without
making payment of continued price/market price. Therefore, the
question of bringing permanent solution of this question and granting
the land of their houses on absolute permanent right/right of old tenure
at negligible price/ current price to those who have been living in these
houses till time of princly state was under consideration of the
government.

As regards the said matter, at the end of careful consideration, as

mentioned in the following statement, recovering current price
applicable to residential houses/houses such as Chav, Ravada, Karami,
Ubhad etc. and house sites of rural area, municipal area and municipal
corporation area, Government has decided to grant on permanent rights
of old tenure as per following tenure.
 804

Classification of Existing use Remarks

area (whether on Residence Commercial
the date of or other
making
application)
(A) Rural Area Rs. 10/- per Rs. 20/- per If the existing
sq.mtr. Sq.mtr. occupant is not
original grantee or
his linear heir two
times amount of
rates prescribed shall
be recovered.
(B) Municipal As above
area upto 100
sq.mtr.
More than 100 Rs.20/- per Rs. 40/- per
Sq.mtr. sq.mtr. sq.mtr.
Rs. 25/- per Rs. 50/- per
sq.mtr. sq.mtr.
(C)Municipal
Corporation area
Upto 100 Sq. mtr Rs.30/- per Rs. 60/- per As above
sq.mtr. sq.mtr.
More than 100 Rs. 35 per Rs. 70/- per
Sq.mtr. sq.mtr. sq.mtr.

Tenure and Conditions :

(1) The people who are holding house (Khorda) or land of habitation
by such restricted rights, as a part of one drive, they have make
application to the Mamlatdar by 31-05-2006 so that they may get
by absolute right.

(2) On receipt of such application, the respective Mamlatdar shall

prepare case papers and shall make such application to Prant
officer in cases of rural area and to the District Collector in cases
 805

of municipality/ borough area/ municipal corporation area by 31-

08-2006.

(3) At the end of necessary scrutiny, the prant officer/ District

Collector shall make orders latest by 31-10-2006.

(4) After such orders are made, the applicant shall pay necessary
amount within one month.

(5) After necessary amount is paid by the applicant within 1(one)

months, the respective Mamlatdar shall give certificate/ Sanad to
the applicant within 15 days and thereafter, the applicant shall
hold such house without any control.

(6) Applicant who has not made application by 31-05-2006, if he

wants to covert his house/khordu in absolute right he may make
application, but shall pay the price as per rate in accordance with
the local self-government body existing in the village on the date
of application and prevailing at that time. Such houses of
restricted rights shall not be sold without payment of prices as per
prevailing rates to the government.

(7) After converting houses/khorda in absolute right by the

government according to this for the area of land under such use,
shall pay to the state Government N.A. assessment on annual
basis at the rate that may be applicable from time to time or that
may be prescribed by the state government from time to time.
 806

Chapter -41
Water trough lands in Saurashtra.

Under Government Resolution, Revenue Department No. AVD-

1079-44677-Z dated 21st September, 1979, the following provision has
been made in respect of water trough land.

1. In princely states of former Saurashtra state, particular lands were

assigned as water tough land by the state towards service of filling
water through for animal. Therefore, water tough lands cannot be
occupied till water tought is tilled and Avediya filling water tough
ceases to stop rendering such service such lands were
automatically returned to the state. Moreover, some lands were
exempted from land revenue till the person filling water gough
renders such service and when ceases to render such service
exemption was automatically withdrawn.

With establishment of village panchayats, under the Gujarat

Panchayats Act 1993, it becomes the duty of the panchayat to
provide facility of drinking water and for performing duties, till
assistance of grant is also available by the State Government,
therefore, the Government is pleased to direct that lands of water
trough, which were given for above said purpose in former
Saurashtra State should be first resumed by the government and
should be disposed of as under.

(1) Cases in which lands of water trough is considered eligible

for exemption of land revenue should be continued with the
condition to pay full land revenue on the land by land
holder of such lands.
 807

(2) The case in which there is grant of land, such lands should
be resumed by the Government.

2. After the lands of water trough are resumed, the collector may, on
payment of rates specified in Government Resolution, Revenue
Department, No. LND-3960-A-1, dated 1-3-1960, regrant for
agriculture to existing holders of such lands, on new and
impartiable tenure, on payment of occupancy price and subject to
payment of annual assessment.

3. In cases where the private individual has given land to whole

village or anybody has given his private land for charitable, such
land cannot be resumed by the government but on condition of
payment of land revenue land may be continued on accountof
Gram Panchayat or whole village:

4. Where water trough land is granted to person after entering in

“Land Alienation Register” or in any other record of the state, on
abolition of Inam, accupancy right is acquired by man holding
that that is to say Inam holder Kosiya/Avadiya.

5. Where water trough land is granted under any old administration

to whole village, to any person on behalf of village for filling
water trough, after resuming such land it has to be regranted to
Avediya/Kosiya cultivating land, in such cases land shall not be
granted to Panchayat.

6. If Panchayat wants water trough land for reasonable public

purpose, after resuming the same, this land should not be
regranted to Kosiya/Avediya and as per general rules of the
Government, necessary action be taken to assign such land for
pubic purpose.
 808

7. For lands under water trough regranted under new and impartible
tenure, in cases of prior approval for transfer of agricultural use or
non-agricultural use, provisions of Government Resolution No.
NSHJ/3970/7244/B/2 dated 24-11-70 should be made applicable
and disposed of accordingly.
 809

Chapter -42
Process under the Land Acquisition Act 1894.

At present, process of land acquisition is carried out under the

Land Acquisition Act, 1894 in the country. In our state also the process
of land acquisition is carried out under the said Act and taking in to
account the amendment made by the state government. The sovereign
power has right to acquire private immovable property for public use.
That is the main base of this Act. Generally, the process of land
acquisition in district is done by the Special Land Acquisition Officer.
Prant Officer has also to take action for land acquisition. This process
has to be undertaken as per provisions of the Land Acquisition Act,
1894 and book circular of the Land Acquisition Act and resolutions,
amendment resolutions, and instruction in circular from time to time.

The definition of collector is given under section 4(c) of the said

Act. The powers under this Act in the State are being exercised by the
Land Acquisition Officer.

Process

b. The acquiring body has to prepare proposal as per rules regarding

the public purpose for which land is required to be acquired and
has to be sent to the collector.

c. Thereafter, the collector shall give the said proposal to the Special
Land Acquisition Officer or Prant Officer for process of land
acquisition (under section 52 A including orders of delegation of
powers).

d. On examining necessary certificates, copy of 7/12, map of land

under acquisition etc. in the said proposal, it is sent to the survey
 810

or of the office of the District Land Records Inspector and

representative of the acquiring body.

e. Thereafter, preliminary notification under section 4 is published,

in which it is informed to submit objection of any interested
person within 30 days as per section-5 (A) If any objection is not
furnished final notification under section-6 is published. If
objection is furnished, it is sent to the government to publish final
notification under section-6 along with report of section 5(A)
Thereafter, hearing interested persons is held at village level to
furnish claims of compensation under section-9. Taking into
account claims put forward and copies of sales of five years
obtained from Talati/District Registrar and provisions of sections
23 and 24, fixing price of compensation award is pronounced.

Points to be kept in mind in respect of land acquisition

process.

At the time of co-measurement.

If adequate care is exercised at the time of process of land

acquisition many irregularities maybe obviated. Therefore,
following facts should be taken into account at the time of co-
measurement.

(i) When land of block number is acquired,

various Hissas falling under acquisition and
the names of their possessors should be clearly
shown and the entry of that should be made in
measurement sheet, para-104 form and in
Hissa Patrak.
 811

(ii) As stated above, the area of land under

acquisition should be equal in para 104 form,
Hissa Patrak and measurement sheet.

(iii) The surveyor and the representative of

acquiring body should do co-measurement
work on the site. Therefore, who are the
possessors of the land under acquisition? That
may be ensured and if copies of 7/12 are
submitted accordingly, the names of
possessors should be clearly shown in para
104. So that no question may arise at the time
of compensation. As regards this adequate care
should be taken in respect of the construction
that may be erected on land under acquisition.

(iv) In order to obviate cases of re-acquisition, the

ascertainment that the land under acquisition is
not acquired earlier should be made from the
correction made in the officer of the District
Land Inspector and on the basis of village
record.

(v) Signature of authorized officer of the

acquiring body should be taken in
measurement sheet in co-measurement, para
104 form and in Hissa Patrak.

(vi) If the possessor of the land under acquisition is

Harijan, certificate from the social welfare
officer should be obtained (Book Circular
Page No. 180).
 812

(vii) If the possessor of the land under acquisition is

tribal, it is necessary to obtain the Resolution
of Panchayat as per section 132(A) of the
Panchayat, Act (Revenue Department,
Circular No. LAQ/2298/ 530/G dated 22-12-
98)

(viii) After the material papers of co-measurement

are received, revised proposal should be called
for with missing information from respective
acquiring body.

(ix) On receipt of preliminary proposal, required

check-list should be prepared, with the object
that no necessary certificate or papers may
remain missing.

(x) As the process of land acquisition is required

to be completed within stripulated time-limit
progress chart register should be maintained.

At the time of publication of notifications

under sections 4 and 6.

1. Notifications under sections 4 and 6 are to be published in

three modes. (1) on the site (2) in two dailies having wide
publicity in the district and (3) publication in official
gazette of the State Government. It should be borne in mind
that all the three publications are made at one and the same
time.

2. Generally notifications under sections 4 and 6 are published

in two dailies through the Deputy Director of Information
 813

the District. It should be ensured that they are published in

news papers having wide publication.

3. After publication of Notification under section-4 entry of

the same should be got made in the copy of 7/12.

4. After publication of Notification under section 4 and 6 the

certificate as to it is correct should be obtained from
competent officer of the institution.

5. It should be borne in mind that Notification under section-6

should be published within one year from last date of
publication of Notification under section-4.

At the time of hearing of claim under section-9

1. The notice should invariably be served to the person

interested for submitting claims regarding compensation. If
it is proved that notice is not given willfully the whole
process becomes vitiated.

2. The notice under section-9 should be given on public place

and individually with margin of 15 days.

3. As per Government circular dated 21-6-04, before

declaration of award, the amount of compensation has to be
obtained from the acquiring body. Therefore, at the stage of
section-9, action should be taken to obtain estimated
amount of the said compensation from the acquiring body.

At the time of declaring award as per section 11(i)

1. It is necessary the award be declared within two years

from final publication of Notification under section 6
otherwise the whole process stands cancelled.
 814

2. The power to declare award by the Special Land

Acquisition Officer and Prant Officer is as mentioned in
Government Resolution, Revenue Department No. LAQ/
2298/ 1446/ GH dated 27-8-98.

3. The valuation of land should be made taking into account

(1) claims of interested persons submitted under section-9
(2) provisions of section 23 and 24 (3) copies of sales for
last Five Years obtained from Talati/ District Registrar and
(4) Existing provisions of the Government (Government
Circular, Revenue Department No. LAQ/2098/226/Jan-
Award, dated 29-4-2000).

4. Generally the amount of compensation declared in the

award is less than market price, the interested persons file
application of court reference under section-18. In order to
obviate the said fact effort should be made to give proper
and reasonable amount of compensation.

5. At the time of process of correction, after the award is

declared, the copy of the same should be sent to the
respective Mamlatdar/DILR as well as to Talati, the office
of the DILR should get record corrected and get the effect
of Kami-Jasti Patrak madein form 7/12 and 6.

6. The payment of amount of compensation shall be got made,

as for a possible, through Cheques, obtaining signature of
all interested parties in voucher.

At the time of process under section-18.

1. It should be ascertained that whether reference applications

furnished by interested persons for sending to the hon‟bnle
court are within the time limit of six weeks from service of
 815

notice under section 12(2) or six months from the date of

declaration of award whichever is earlier.

2. If reference applications are beyond time-limit, they should

be disallowed as per section 18 of the Land Acquisition
Act.

3. When the case is being tried in the hon‟ble court, necessary

action should be taken as per instruction of the Legal
Department of the Government dated 1-11-2003.

4. After the judgment of the hon‟ble court is delivered, the

opinion as per clauses-131 and 132 of the Law Officers
Rules should be sent within 21 days to the government as
to whether it is eligible to prefer appeal in the hon‟ble High
Court.

At the time of action under section – 28

1. Those interested persons who have not made court

reference applications under section 18 they also get right
to get additional price as per compensation given by the
hon‟ble court within three months from the date of
judgement. The action regarding that should be taken as per
existing government rules (Government Resolution,
Revenue Department No. LAQ. 2296/ 685/ GH, dated 31-
1-2002.

Temporary Land Acquisition :

1. The provision regarding temporary land acquisition is made

in section 35 of the Land Acquisition Act 1894. According
to that land may be acquired temporarily for one month and
if there is more requirement, land may be kept under
acquisition one year more and for maximum three years
 816

and for that the Land Acquisition officer detenureines the

compensation of crop, trees etc. standing on land and the
rent of land is paid from the date on which possession is
taken.

Order granting concession in land revenue and implementation

there of –

1. Concession as per assessment as per portion has to be given

in land revenue as per revenue year from the date on which
the possession of land being acquired under the Land
Acquisition Act or possession of land is taken by private
negotiations by acquiring body.

2. Such concession in assessment as per portion has to be

given for the time till the Kami Justi patraks are prepared
by the District Inspector, Land Records and implemented in
Village records.

3. Instructions have been given to implement Government

Circular, Revenue Department, No. LAQ-2979(ii)-LA-4,
dated 8-6-79 and thereafter LAQ-1083-3414-GH dated 3-8-
83 strictly.

Method of taking possession of land under acquisition.

On completion of land acquisition process possession of land is

taken in presence of Panchas and acquiring body and entrusted to
acquiring body by Land Acquisition Officer.

Emergency clause

When the Notification under section-4 or section-6 with

emergency clause under section 17 of the Land Acquisition Act is
issued by the government under that before taking possession of
 817

land 80 percent amount of estimated compensation should be paid

to the possessors before taking possession of the land. As regards
this as per Government Circular, Revenue Department No. LAQ-
1084-3142-DH dated 2-11-84 if obtrusion arises as circumstances
shown under section 31(2) of the Act, that amount should be
deposited with court as per all provisions except second clause of
section 31(2).

Consent Award section 11(2) :

1. Consent Award is made under section 11(2) of the Land

Acquisition Act 1894, for this possessions of lands are
taken at the will be land owner, subject to condition that no
action should be taken.

2. Instructions have been given under Government circular,

Revenue Department, No. LAQ-2279(4)-LA-4, dated 21-2-
79 for taking possession of land. According to that when
the interested persons agree to the award that may be
anticipated by the collector, the signatures of such persons
and authorised officer/ representatives of acquiring body
are taken, collector may declare consent award as per
conditions shown in the agreement.

3. Consent award is amended under Government Resolution,

Revenue Department, No. LAQ-2285-4123-DH, dated 6-5-
87, according to that payment is to be made as total price of
land + 30 per cent solatium + 35 percent incentive amount
of the original price of land.

Action to be taken in the occasion of use of land not made for

relevant purpose for which the process of acquisition is
completed.
 818

1. As per instructions given under Government Circular,

Revenue, Revenue Department, No. LAQ-2298-614-DH
dated 31-8-2001, lands acquired under the Land
Acquisition Act are put to use for relevant public purpose.

2. Possessions of such lands are taken due to any reasons, but

they same are not put to use or after some time that land
may not remain useful for relevant public purpose as well
as for any public purpose, and government ;finds that such
land is not required and when the original land owners or
their linear heirs demand such lands, as per provisions of
para 328 of the Land Acquisition Manual, it is provided
that the State Government should regrant these lands at
prevailing market price.

Not deducting 5 per cent amounts from compensation in

respect of land of new tenure being acquired.

1. As per Government circular, Revenue Department No.

LAQ-2299-98-DH, dated 19-3-2001, now 5 per cent
amounts of government contribution are not required to be
deducted now from the money of compensation of lands of
new tenure to be paid for lands being acquired under the
Land Acquisition Act.

Avoiding delay in preferring first appeal in the hon‟ble High

Court against the judgement of district court in respect of
Land Acquisition Act.

1. Necessary instructions are given in this behalf under

Government Circular, Revenue Department No. LAQ-
222001-2791-DH dated 21-1-2002.
 819

2. Since appeal is being dismissed on the point delay as a

result of appeal being not preferred in time in the High
Court against the judgement of District court, occasions
occur in which Financial losses have to be recovered by the
government, therefore, this circular should be strictly
implemented.

Norm of disposal of land acquisition cases by the Land

Acquisition officer and Prant Officers.

As decided under Government Circular, Revenue

Department, No. LAQ- 2879- DH dated 29-6-92 the norm of 10
cases per month by the Special Land Acquisition and 2 cases by
Prant Officers, the Officer concerned should taken action.

Rights on Awards :

Powers have been vested as detailed below regarding rights on awards

to be given under section 11(1) of Land Acquisition Act, 1894 vide
G.R., R.D. No. LAQ-2298/1446-Dh dated 27-8-1998.

Sr. Designation of the Upto Remarks.

No. officer to whom which
powers have been amount of
vested. awards,
powers
have been
vested
under
section
11(1)
1. Special Land Up to Rs. The officer shall make award
Acquisition Officer/ 5 lakh of more amount subject to
Prant Officer/ valuation note of district level
Resident Dy. land price committee in cases
Collector/ Additional of awards exceeding Rs. 5
Resident Dy. lakh but upto Rs. 10 lakh.
Collector/ Assistant
 820

Collector performing
duties as Acquisition
Officer.

2. Dist. Collector/ Up to Rs. The officer shall make award

Additional Collector, 10 lakh of more amount subject to
Irrigation/ Narmada. valuation note of district level
Land Price Committee in
cases of awards exceeding
Rs. 10 lakh but upto Rs. 20
lakh.

3. Secretary, Revenue Upto Rs. Valuation note should be

level 15 lakh sanctioned by government in
cases of awards exceeding
rupees 15 lakh but upto Rs.
30 lakh.

Important Instructions by Government.

a. Prior sanction of government should be obtained for disposal of

waste lands. (G.C, R.D. No.LAQ-2207-88-Gh dated 14-5-2007)

b. Completion of procedure in the cases where possession of lands

have been taken on or before 31-1-2007 under sections 16 or 17
and payment of compensation is pending (G.C., R.D. No. LAG-
222007-M.R.-5-Dh dated 22-8-2007)

c. Important points for review of Land Acquisition cases.

1. Total number of cases of Land :

Acquisition.

2. Number of pending cases of joint :

measurement.

3. Number of pending cases on

 821

notification under section. 4:

(i) Cases below one month :

(ii) Cases from one month to three :

months.

(iii) Cases above six month :

4. Number of pending cases on

notification under section 6 :

(i) Cases below one month :

(ii) Cases from one month to three :

month.

(iii) Cases from three months to six :

months.

(iv) Cases above six months. :

5. (i) Cases under section 4 pending for :

publication in the Gazette.

(ii) Cases under section 6 pending for :

publication in the Gazette.

6. Cases pending for hearing under :

section 9

7. Cases pending for awards under :

section 11(1)

8. Cases pending for Government :

sanction for awards under section. 11.

9. (i) Cases pending for payment of :

compensation.
 822

(ii) Cases pending for payment of :

compensation for which consent
awards have been made.

10. Total number of cases under section :

18.

11. Pending cases under section 28-A :

12. Cases pending for government :

sanction under section 28-A.

13. How many cases have been intimated :

and how many have not been intimated
to D.I.L.R. after awards.

14. Pending cases of reference under :

section 18 in the District Country.

15. Pending cases of civil suits. :

16. Cases pending in High Court. :

17. Cases pending in Supreme Court. :

18. How many K.J.Ps have been prepared :

and how many are pending and how
many have been implemented in the
village.

19. How many cases have been entered :

and how many are pending in form
7/12 and form 6 of record of rights.

20. Whether it has been effected in village :

map and village record?
 823

Chapter -43
Municipality – Administration and Control.

Collectors have important roles to play in municipal areas under

Gujarat Municipality Act, 1963. Collectors have direct Control on
municipalities. Collector reviews policy decision taken by the
municipalities under Gujarat Municipality Act. Collector has appeal and
revisional powers against their decisions under the Act. District Urban
Development Agency (DUDA) has been constituted at every district
level by urban Development and urban Housing Department of
Government. This agency carries out various schemes viz. Suvarna
Jayanti Urban Employment Scheme, Wages Employment Scheme,
training classes etc. Collector implements and monitors the work. Bajpai
Town Development Scheme is an important Scheme of Urban
Development and Urban Housing Department to provide inter-structural
facilities at municipal level. All the proposals of Bajpai Town
Development Scheme implemented in every municipality at district
level are examined by the collector and submitted to Gujarat Municipal
Finance Board. Collector is co-chairman of Bajpai Town Development
Scheme Implementation committee at district level.

2. Following powers have been vested into the Collector under

Municipalities Act, 1963.

(1) Section 81 : Collector has powers to decide claims of

property by municipality or against
municipality.

(2) Section 257 : Powers of investigation and Supervision.

(2) Section 258 : Powers to suspend implementation of orders

etc. of municipality.
 824

(4) Section 259 : Extra ordinary powers in emergency.

(5) Section 264 : Shows control of state government on

collectors and control of collector on
subordinate officers.

Generally, Collector entrusts the powers and responsibilities

under Municipalities Act to Prant Officer. The Collector should,
therefore keep constant watch whether such assigned powers are
properly exercised.

3. Prant officer has following powers to administer Municipality

and Nagar Panchyat :

(1) Powers to investigation land Supervision :

He may examine proceedings and other documents of the

municipality as well as existing works under section 257(3) of
Municipality Act, 1963 and municipality premises amendment, 1993.

(2) Powers to enquire :

In exercise of powers conferred by the Collector under section

257(3) of the Act, the Prant Officer may enquire for administrative and
general purposes. Such enquiry is largely on financial irregularities.
Such enquiry should, therefore be made very carefully.

(3) Powers to counseling of two types:

He has been empowered as a member of Town Planning

Committee of the Municipality under section 6(2) of the Gujarat Town
Planning and Urban Development Act. The committee scrutinise cases
for construction, additions and alteration, modernization and
implementation as per planning of development sanction by the
government and approves or disapprove them. If Town Planner or Prant
Officer are not present in the meeting of the Committee, the meeting
 825

should be compulsorily postponed and new date should be decided. It is

important that the committee is constitutional and should be regularly
convened.

4. It has powers to opine whether resolutions made by the

Municipality are legal. Section 257(2) of the Act provides such powers.
Opinion as to whether the resolutions of Municipalities are preliminarily
checked to see whether they are passed in the interest of government as
well as financial interest of the municipality. It need not be said the
relevant resolutions and orders should be kept in view while opining on
the said matter.

Powers to recover revenue in certain cases

Recovery of municipal tax may be made under section 142 after the
process of land Revenue recovery Act, 1980. If it is known that the
elected member misuses fund, it should be recovered under section
70(2). Such orders are to be issued by the Director of Municipalities.
Prant Officer has direct powers to dismiss or supersede the authority as
administrator of the Municipality. If Mamlatdar has been appointed as
administrator he is also empowered to do so. Orders are issued by
Government in this regard. Whatever procedure is made for records of
lands situated in urban areas, municipality Act as well as other matters
should also be kept in view. Very close supervision should be made in
one‟s jurisdiction.
 826

Chapter -44
Powers and functions of Special Secretary, (Appeal),
Revenue Department.

A word „Commissioner‟ was deleted in section 204 of Land

Revenue Code, 1879 in 1964. As the posts of commissioner were
abolished in 1964, office of Special Secretary (Appeal), Revenue
Department came into being in May, 1964.

Office of Special Secretary (Appeal) Revenue Department has

been assigned powers under rule 15 of Government. Business rules
(Appendix III and IV). In exercise of these powers, Special Secretary/
Joint Secretary hears appeal/revisional applications and decide them.

The Special Secretary (Appeal) Revenue Department have been

assigned powers to appeal and revisions under following sections/ sub-
sections of following acts and rules under rule 15 of Gujarat
Government Business rules, 1990.

Appendix – III

Sr. Act/Rule Section Item

No.
1. Gujarat Municipalities Act, Section 81 (2) Appellate
1963. powers under
section 204 of
Bombay Land
Revenue Code,
1879.
2. Gujarat Panchayats Act, Section 113 (2) Appellate
1963. powers under
section 204 of
Bombay Land
Revenue Code,
1879.
 827

3. Disturbed areas Act Section 16 appeal powers

protecting tenant from the
property and restrictions on
transfer of immovable
property in Gujarat.
4. Disturbed areas Act Section 17 (D)2 appeal Powers
protecting tenant from the Section 14 of
property and restrictions on Bombay Rent,
transfer of immovable hotel lodging
property in Gujarat. house rent
Control Act,
1947.
5. Bombay Tenancy and Section 63 (A) appeal power
Agricultural Lands Act. (A) 3(D)-1
1948.
6. Saurashtra „Gharkhed‟ and Section 54 and Appeal powers
Tenancy Settlement and 75
agricultural Land
ordinance, 1949.

Appendix – IV

Sr. Act/Rule Section/ Item

No rule
.
1. Bombay Land Revenue Sections Appeal and revisional
Code, 1879. 203, 204, powers including powers
211. to revise suo motu and on
presentation.
2. Gujarat Land Revenue Rule 108 Revisional powers
Rules, 1972. (6)(A) including revision suo
motu or on the basis of
proposals of Revenue
Officers.
3. Bombay Prevention and Section Revisional powers
consolidation of 35
Fragmentation of holdings
Act, 1947.
4. Gujarat Court of wards Act, Section Appeal and revisional
1963. 41, 42 powers
 828

5. Bombay Tenancy and Sub- Appeal Powers

Agricultural Lands Act, section
1948. (9) and
(10) of
section
32(P)

6. Bombay Tenancy and Section Revisional Powers

Agricultural Lands Act, 76(A)(A)
1948.
7. Bombay Tenancy and Section Revisional powers
Agricultural Lands Act, 73(A)(3) including powers to
1948. revise suo motu.
8. Bombay Tenancy and Section Revisional powers
Agricultural Lands 106-A(3) including powers to
(Vidarbh and Kachchh revise suo motu.
area) Act, 1958.
9. Gujarat Agricultural Land Section Appeal and revisional
Ceiling Act, 1960. 29(3) powers.
10. Bombay Inami (alienated) Section Appeal and revisional
Abolition (Kachchh area) 3(2) and powers
Act, 1958. 3(3)
11. G.R. Revenue Dept. No. Rule 5 Powers to decide appeals
LTA/ 1058/ IXV/446-L against the orders of
dated 25-6-59 and G.R, collector on Inami
Legal Dept.No. LTA- interests and payment of
1061/96331/J dated 26-11- resettlement amount to
62. Jagirdars.
12. Bombay Talukadari Interest Sub- Appeal Powrs
Abolition Act, 1949 (61st of section
Bombay 1949) (4) of
section 5-
A
13. Sagbara and Mewasi Jagir Section Appeal Powers.
(Abolition of Property 3,4
right) Regulation Act,
1962.

Being aggrieved by decisions/ orders of Collectors, District

 829

Development Officers and other revenue officers under Land Revenue

Code, 1879 and Land Revenue Rules, 1972 and other laws, the
applicants make appeal/ revision applications and or Collector/ District
Development officers Suo Motu take into revisions the proposal, the
Special Secretary (Appeal) in exercise of his powers under rule 15 of
Government. Business rules accepts revision/ appeal applications. If
stay order has been sought, decision thereon is also taken.

It is inevitable to produce following documents/evidences in

revision/ appeal made by applicants to the Special Secretary (Appeal) :

1. Appeal/revision application.

2. Original order or true copy certified by the office against which

appeal/revision application has been made.

3. Vakilat nama if appeal/revision application is submitted through the

pleader.

4. If stay order is requested against the order for which appeal/revision

application is made, application for stay order should be made
separately.

5. Copies of appeal/revision application, additional application for stay

order should be enclosed considering the number of defendants along
with copies of documents.

6. If the order against which revision application is made in above one

year, application to condone delay and affidavit in that regard should be
produced.

7. If revision application has been made as power of attorney holder, its

true copy should be enclosed.

8. Court fee stamp of Rs. 25 on revision application, that of Rs. 5 for

application for stay order and if certified copy is enclosed court fee of
 830

Rs. 2 are necessary. If the applicant is tribal he has been exempted from
all court fees.

9. While applying for caveat against disputed order, the applicants

should enclose copy of disputed order, registered post A/D slip for
having served caveat to the opponent and court fee of Rs. 50 are
essential for caveat.

10.When applicants make appeal/ revision application against disputed

order and request for stay order, following procedure is followed:

a. Applicant or his lawyer is heard in person, decision is taken on

the request of stay order end he is informed.

b. The cases in which caveats have been produced, all parties are
heard and decision is taken on the request of stay order.

11.Following procedure is followed on the decision of revisional

application :

a. All the parties and their lawyers are informed about date, place and
time of hearing by previous notice.

b. Record of all concerned offices are called for on disputed order.

c. Parties are given opportunities to produce evidences.

After following above procedure, decision is taken on revision

application, order is issued and parties are informed accordingly.

12. As there is no provision to make review application against

order/decision issued by Special Secretary (Appeal), Revenue
Department, the aggrieved party may make petition to competent court
viz. Hon. Gujarat High Court for relief.
831
 832

Magisterial Powers and Functions

833
 834

CHAPTER 45

District Magistrate - Powers :-

The Collector, under the direct control of Home Department of State

Government, holds the post of District Magistrate at District level. The

Home Department of State Government also appoints District Magistrates,

Additional District Magistrates, Sub-Divisional Magistrates and Special

Magistrates. In capacity of the District Magistrate, the Collector has to

perform the functions such as maintenance of Law and Order in the

District, significant function of control and supervision over Police

administration of the District and functions in relation to security, law and

order special investigation as entrusted by Home Department etc. He has

to carry out following functions under direct control of Home Department

under following acts and rules, in capacity as District Magistrate;

1. Criminal Procedure Code, 1973 (as amended in 2005)

2. The Bombay Police Act, 1951 (as amended in 2007)

3. The Prohibition Act, 1949.

4. Arms Act, 1959

5. Prevention of Atrocities Act, 1985 and Rules 1995 (S.C./S.T.)

6. Acts of PASA, NASA and MISA.

(1) Criminal procedure Code, 1973 and Amendment Act, 2005.

Under Criminal Procedure Code, 1973, the Collectors are

empowered as District Magistrate and they have been given status of

 835

District Magistrate. Section 20 to 23 of the Code refers to powers of

Executive Magistrate. The Executive Magistrates are appointed by State

Government. At this state, it is necessary to study the provisions of

Sections 20 to 23, and hence they are described below :-

(1) The powers to appoint Executive Magistrate lies with State

Government. In each District and in each Metropolitan area, the

State Government will appoint executive Magistrates in number that

the Government deems fit. From these Executive Magistrates, the

Government will appoint one of them as District Magistrate.

(2) Any of the Executive Magistrate can be appointed by State

Government as Additional District Magistrate. Such Magistrate can

enjoy the powers of District Magistrate under this Act or any Act in

force.

(3) When the post of District Magistrate falls vacant at that time, any

officer who comes temporarily to look after the administration of the

District, will enjoy the powers of District Magistrate and will carry

out the functions of District Magistrate until further Government

orders.

(4) The State Government can place an Executive Magistrate in charge

of a Sub-division and can also relieve him from this duty whenever

necessary. The Executive Magistrate in charge of the sub division

will be known as Sub-divisional Magistrate.

 836

(5) In case of Metropolitan area, there is no restriction on State

Government to delegate some or all powers of Executive Magistrate

under this Act or any other Act in force to Commissioner of Police.

In short, irrespective of any provision in the section, the State

Government can delegate the powers of District Magistrate to

Commissioner of Police in Metropolitan area.

Thus, the power to appoint the Executive Magistrate is with State

Government. The State Government can appoint Executive Magistrates in

each District and in Metropolitan areas. The district Magistrates are

appointed from them. The State Government can appoint any Executive

Magistrate in charge of a sub-division. Such Magistrates are known as

Sub-divisional Magistrates. In Metropolitan areas, the State Government

can delegate the powers of Executive Magistrate to Police Commissioner.

Special Executive Magistrate (Section 21) :-

The power to appoint Special Executive Magistrate lies with State

Government. The State Government can appoint the Executive Magistrate

as Special Executive Magistrate for certain special areas or some special

purpose. The Special Magistrate can be appointed by State Government

for the period as it deems fit. The State Government will give the powers

of Executive Magistrates to Special Executive Magistrates to the extent as

it deems fit under this Act.

 837

Jurisdiction of Executive Magistrate (Section-22) :-

(1) The jurisdiction of area in which the Executive Magistrate can

exercise his powers can be decided by District Magistrate from time

to time. However, such powers of District Magistrate are subject to

control of the State Government.

(2) Unless decided in this manner, the powers and jurisdiction of such

Magistrate will be the whole district.

Responsibility of Executive Magistrate (Section-23) :-

The Executive Magistrate, other than Additional District Magistrates

will be responsible to the District Magistrate. The Executive Magistrates

in the sub-division will be responsible to Sub-divisional Magistrate, as

well as to District Magistrates. District Magistrate will make rules from

time to time for delegation of duties among Executive Magistrates and

Additional District Magistrate under his control.

Powers of Executive Magistrate :-

(1) If in local jurisdiction of the Executive Magistrate, any crime

takes place in his own presence, he can arrest the accused himself or

can ask other person to arrest the accused (Section-44). Vide

Criminal Procedure Code (Amendment 2005) under Section-44, the

 838

Executive Magistrate can order to arrest any offender or can arrest

him himself.

(2) If a warrant for arrest is issued from the court of a District, and if

the warrant is executed in other District then the Executive

Magistrate in whose jurisdiction the arrest has been made, that

Magistrate can release the accused on bail [Section-81(1)].

(3) He can initiate the security proceedings to maintain peace.

(4) He can take bail from persons who have been propagating

national insecurity (Section-108).

(5) He can take bail for good conduct from persons of doubtful

behaviour (Section-109).

(6) He can take bail for good conduct from seasoned offenders

(Section-110).

(7) He can dispurse illegal association (Section-129)

(8) If authorized by Government, he can issue conditional orders to

remove immediate disturbance (Sections 133, 138).

(9) If authorized by Government, he can issue orders in cases of

immediate disturbance (Section 144).

(10) If authorized by Government or by District Magistrate, he can

prevent recurrence of disturbance (Section-143).

 839

(11) If in the quarrels related to water or land, there is a possibility

of peace to be at stake, he can take appropriate action (Sections, 145,

147).

Powers of Special Executive Magistrates

State Government can delegate all the powers enjoyed by Executive

Magistrates to Special Executive Magistrates.

Powers of District Magistrates

(1) He prepares a list of proper people for appointment of Public

Prosecutors and Additional Public Prosecutor in consultation with

Sessions Judge [Section 24(3)].

(2) When for a special case, the Assistant Public Prosecutor is not

available, he can appoint proper person as Assistant Public

Prosecutor for that case [Section 25(3)].

(3) He can ask the Post and Telegraph Department to give certain

documents, parcel or articles [Section 92(1)].

(4) He can issue a search warrant for investigating a place, wherein, it is

believed that the stolen article/property is kept [Section 94(1)].

(5) He can search a place where there is a doubt of theft of property,

fake document being kept there (Section-94).

(6) He can issue a search warrant to find out a person who is illegally

kept in custody (Section-97).

 840

(7) He can enforce a person to return a woman who has been kidnapped

(Section-98).

(8) He can issue conditional orders to remove disturbance (Section-

133).

(9) He can prevent the disturbance to re-occur (Section-143).

(10) He can issue orders in immediate case of disturbance (Section-

144).

(11)He can delegate powers to sub-ordinate Magistrate (Section-411).

(12)He can remand the case from sub-ordinate Magistrate (Section-

411).

(13) He can determine the local jurisdiction of the Executive

Magistrates and can make rules from time to time to distribute work

among the Executive Magistrate and to the Additional District

Magistrate.

Powers of Additional District Magistrates

The Additional District Magistrate enjoys all or some of the powers

of District Magistrate.

Powers of Sub-Divisional Magistrates :-

(1) He can issue a search warrant for the place, where it is believed that

the stolen property is kept [Section 94(1)].

(2) He can issue a search warrant for search of a person illegally

detained (Section-97).
 841

(3) He can enforce a person to return the custody of a kidnapped

woman.

(4) He can issue conditional orders to remove the disturbances (Section-

133).

(5) He can prevent the public disturbance to re-occur (Section-143).

(6) He can issue appropriate orders in cases of disturbances (Section-

144).

(7) He can assign any work to the Magistrate under him (Section-411).

(8) He can remand a case from his sub-ordinate Magistrate (Section-

411).

Function as Mamlatdar/Executive Magistrate :-

While discharging duties as Executive Magistrate, if a police officer

has apprehension about a cognizable offence to take place, and it is not

possible to prevent the offence to take place without arresting a person,

such arrested persons without warrant are to be produced before the

Executive Magistrate. Here, it is important to understand what is a

cognizable offence?. Cognizable offence means such an offence wherein a

police officer under Criminal Procedure Code – Appendix-I or under any

other law in force, can arrest a person without warrant, wherein Executive

Magistrate is empowered to take preventive measures under Criminal

Procedure Code, Sections 107, 108, 109 and 110.

(1) The provision under section-107 is as under :-

 842

(i) When the Executive Magistrate has an information that some

individual;

(a) is likely to breach the peace; or

(b) is likely to disturb the public peace;

(c) is likely to act illegally, so that there is likelihood of breach of

peace or disturbance in public peace; and in the opinion of the

Magistrate that there is adequate reason to take action then

after making the provision, issue a show cause notice as to

why the person should not be ordered, for the time as deem

appropriate, to enter into a bond with or without sureties.

However, such period should not exceed one year.

(2) The procedure under this section can be carried out -

(a) at the place, where it is likely to take place the breach of

peace or disturbance in public place before the concerned

Executive Magistrate under whose jurisdiction the place is

located or

(b) before such Executive Magistrate in local jurisdiction of

whom there are such individuals who are likely to breach the

peace or create disturbance in public peace or that they may

act in such an illegal way by which there becomes a

possibility of breach of peace o disturbance in public peace.

 843

The objective of this clause is preventive. The section gives powers

to the Executive Magistrates so that precautionary measures can be taken

to prevent offences which may result in disturbances of public peace. The

section affects the liberty of such people who are not confirmed offender

but are likely to make offence.

Essential conditions to apply Section-107 :-

(1) The Executive Magistrate should have such information that an

individual is likely to disturb public peace or that he/she is likely to

indulge into such illegal action by which there is a possibility that

the public peace is likely to be breached.

(2) The Magistrate should be of opinion that there is enough reason to

take action against him.

(3) If the Magistrate forms the opinion to take action against a person as

in (2) above, he should proceed against him under section-111.

Information received by Magistrate [Section 107(1)] :-

Under this section, if an Executive Magistrate comes to know that

some individual –

(a) Is likely to disturb the public peace, or

(b) Is likely to breach the public peace; or

(c) Is likely to act in such a way that may cause disturbance to public

peace or breach of peace;

He has the power to take securities under this Section.

 844

It is not important the source of such information. The Magistrate

might come to know through a police report or from a complaint of a

private individual. Besides the information, the Magistrate should be of the

opinion that there is adequate reason to take action against the concerned

individual. If the Magistrate forms such opinion, he will issue a show

cause notice under Section-111, why that person should not produce the

bond to maintain peace. Before issuing such notice under Section-111, the

Magistrate can make an investigation as he deems fit. It is the duty of the

Magistrate to maintain public peace. Therefore, before forming an

opinion, he must have considered the matter carefully. For forming such

opinion, the Executive Magistrate cannot ask the sub-ordinate Magistrate

to make an investigation and report. Thus, this Section is preventive.

Jurisdiction of Magistrate [(Section-107(2)]

Sub-section (2) refers to jurisdiction of the Magistrate. This sub-

section is little amended in 1956. Now, the Executive Magistrate;

(i) If it is likely to get disturbed, the public peace; or

(ii) If a person who is likely to disturb the public peace;

in a place which is within his jurisdiction then the Executive

Magistrate can issue a show cause notice. Thus, the place should be within

his jurisdiction or the person, against whom such information is received,

is staying in that place.

 845

Possibility of breach of peace

The possibility of breach of peace or disturbance in public peace can

be believed only when something has happened. Only by a single incident,

the breach of peace cannot be presumed. The incident should be such with

a potential of breach of peace. The enemity between two parties does not

provide enough ground for proceedings under this section. The person,

against whom such information is received, should be of a kind who may

cause breach of peace.

Under this section, the bond for maintenance of peace an be ordered

for maximum of one year.

(2) Security for good behaviour from suspected persons (Section-109) :-

When an Executive Magistrate gets information that in his

jurisdiction;

(a) Some person tries to take precaution to hide his presence; and

(b) That he does so, in order to commit a cognizable offence;

then the Magistrate under the provisions of the Act shall issue a

show cause notice, as to why he should not be asked to give security bond

for good behaviour with or without sureties. The period of bond shall not

exceed one year.

When the Executive Magistrate gets such information that a person

hides himself with an intention to commit an offence, then the Magistrate

can make order under this Section.

 846

Conditions to apply Section-109 :-

(1) The proceedings under this section can be carried out only by a First

Class Magistrate;

(2) The Executive Magistrate should have an information that a person

hides himself in his jurisdiction.

(3) That person must be doing this (hiding himself) must be doing it

with an intention to commit a cognizable offence.

(4) If an individual is hiding himself with such an intention in the

jurisdiction of other Magistrates, this Magistrate cannot take any

action under this section. A First Class Magistrate can take

action under this section only when an individual is hiding

himself within his jurisdiction with an intention to commit a

cognizable offence.

(5) Even when a person, is hiding himself within the jurisdiction of a

particular Executive Magistrate but has no intention to commit a

cognizable offence, the Magistrate cannot take any action against

him under this section.

The Executive Magistrate has been empowered to issue an order

against a doubtful person, under his jurisdiction under this section of the

Act. Under this section, the bond can be taken for a period not exceeding

one year. No order under sections 116 and 117 can be made without

investigation.
 847

Objective of the Section

This section is of preventive type. The proceedings under this

section against a person is not done because he has committed an offence

in the past. The section has no connection with a person‟s past history but

has connection with his future. The proceedings under this section, is done

in case of some person, because there is an apprehension that he may incur

an offence in future. Thus, the proceedings are done to prevent the offence

being committed in future. The proceedings against the persons under this

section an be done who is hiding himself with an intention to commit a

cognizable offence within the jurisdiction of an Executive Magistrate.

Circumstances of applying of the section :-

If an individual, in local jurisdiction of an Executive Magistrate, is

hiding himself, and if there is a reason to believe that he does so with an

intention to commit a cognizable offence, then only the proceedings

against the person can be done. Then both the conditions - to be hiding

oneself and to have any intention to commit a cognizable offence – must

be present simultaneously. There is a difference between hiding one‟s own

person and hiding one‟s identity.

If a person tries to run away, just seeing a police, it cannot be said

that he tries to hide his own person. If the police asked him his name, and

he gives his false name, and there after gives his true name. In such

circumstances, no action can be taken against him under this section. The
 848

section is applicable to that person who has been making definite effort to

hide his presence.

Besides, simply by the fact of hiding his presence, the action cannot

be taken against him under this section. There must be a reason to believe

that he has been doing it with the intention of doing some cognizable

offence.

(3) Security for good behaviour from habitual offenders

When the Executive Magistrate gets the information that some

person, under his local jurisdiction;

(a) is a habitual robber, house breaker, thief or a person who

makes fake documents; or

(b) is in a habit of keeping the theft property even after knowing

that it is a stolen property; or

(c) gives shelter or protection to the thieves or helps in hiding or

disposing the stolen property; or

(d) is always engaged in kidnapping, threatening, cheating,

spoiling or any sub offence under Indian Penal Code, Chapter

12, or engaged in doing or trying to do offence; under

Sections – 489A, 489B, 489C, 489D or helps in doing such

offence; or

(e) is always engaged in disturbing of peace or trying to do this or

is engaged in doing it or helps in doing it; or

 849

(f) is engaged in making offence or helping in doing it under one

or more of the following acts; viz.;

(i) (a) The Drugs and Cosmetics Act, 1940;

(b) The Foreign Exchange Regulation Act, 1947;

(c) The Employees Provident Fund Act, 1952;

(d) The Prevention of Food Adulteration Act, 1954,

(e) The Essential Commodities Act, 1955;

(f) The Untouchability (Offences) Act, 1955;

(g) The Customs Act, 1962; or

(ii) The offence punishable under Prevention of Stock and

Profitability; or under Adulteration in Drugs or Food;

or under Corruption Act; or

(ii) Is such dangerous that keeping him free without

security measures is harmful to the society.

In all such cases, the Magistrate will issue him a show cause notice

as to why the orders be not issued against him to produce bond with

security of good behaviour. However, the period of security should not

exceed three years.

Under this section, a provision has been made to obtain security for

good behaviour from habitual offenders. Any Executive Magistrate can

pass an order under this section, one should also decide as to who could be

considered to be a habitual offender?. If any court has punished him in

 850

past for offences against property, he cannot be considered to be a

habituaal offender. But if there is an additional evidence to prove that he

has again leaned to his old habit, then he can be considered as habitual

offender.

It has been shown in this section, as to under what causes, a habitual

offender can be asked to produce securities. But the proceeding can be

started against one person for one cause only but from the list of causes,

action cannot be taken for two causes. Besides, if a person, from when the

security orders are made, is undergoing a punishment in jail, the period of

security will start from the date of his release. When a person is called

upon to give reasons under this section, the Magistrate should verify the

information received by him and should collect necessary evidence. The

period of security is different under sections 108, 109 and 110. Under

section 108 and 109, the maximum period is one year whereas under

section-110, it is three years. The amount of bond and number of sureties

can be decided by the Magistrate. If he cannot give security, he can be

sent to jail.

Objectives of the Section

The objective of this section is to control the congenital offenders.

The persons who have been punished earlier, who are dangerous or

habitual do not fear ordinary provision of law. The section aims at

protecting the general mass from dangerous and habitual offenders. This
 851

section is not applicable to ordinary or first offenders. Ordinarily this

section will apply to offenders against people. The objective of this

section is to control over the activities of offenders who are offending not

only against safety of people but against property of the people from time

to time by asking the security of good behaviour. Thus, the procedure of

this section is judicial.

Analysis of the Section

Habitual robber, house breaker, thief or one preparing fake documents:-

There must be adequate evidence to ask the bond of security from a

person under this section for the purpose of being habitual offender, house

breaker, thief or one preparing fake documents. If a person is found to be

of bad character, it cannot be inferred that he is a habitual robber, house

breaker, a thief or one preparing fake documents. Only that it gives an

evidence about one‟s general prestige.

One who always keeps the goods from theft :-

If a person always keeps the goods which are stolen on that ground,

he cannot be proceeded under this section successfully. Because, the

accusing party (complainant) has to prove that though he knows that the

goods are stolen one and yet he keeps them. Thus, an individual who gets

or keeps the goods must also be knowing that he keeps stolen goods.

Besides just by keeping such goods for one or two times but should be in
 852

habit of keeping such goods. One who gives shelter or protection

permanently to the thieves can be processed under this section.

Those who give permanent shelter to the thieves or help them in hiding the

stolen articles or in their disposal [Section 110(C)]

Under this section, if a person gives shelter or protection to the

thieves to save them from the eye of the Act, he is an offender. But if

some person provides food or clothing to the persons (thieves) from

humanitarian point of view, he cannot be proceeded under this section.

Besides; those persons who keep the stolen property professionally

and help them in disposal of stolen goods, thereby saving from arrest or

other actions under the Act, are also covered under this section. However,

providing such help to 2 or 4 persons are not covered. The persons who

help the thieves permanently as a matter of habit can be proceeded under

the provision of the section.

Habitual Offender (Section -110(D)]

Under this provision, those persons are covered who are

permanently engaged in kidnapping, force, cheating, spoiling or in

offences under chapter 12 of Indian Penal Code or committing offences

under sections 489A, 489B, 489C, 489D or those helping in committing

such offences. Such persons are known as habitual offenders. Those

persons who are repeating certain offences at some interval of time are

known as habitual offenders. However; if a person is punished once only

 853

under the offence of cheating will not be known as habitual offender but if,

even after inflicting of punishment, he has continued to have committing

such offences, then he will be known as habitual offender. Those

individuals who have been committing such offences, as described under

this provision, are habitual offenders and they can be dealt with under this

provision.

A person who breaches public peace permanently or who were trying to

commit such offences or those helping in committing such offences

[Section 110(C)] :-

Under this provision, the procedure can be done against those

persons who commit the offence of breach of public peace off and on; or

those making such effort or those helping in such offences. Under this

provision, procedure can be done against who commits such offence very

often by which it is likely that there is breach of public peace. The act of

committing such offence or trying to do such offence or helping in this

offence takes place very frequently.

Persons permanently committing offence under cognizable acts

[Section-110(F)(i)] :-

Under this clause, the persons committing cognizable offences very

often are covered, e.g.; when the owner very often fails to credit the

contribution under Employees Provident Fund Act, 1952, he can be dealt

with under this clause.

 854

Persons committing offences very often under acts such as Prevention of

Stock and Profitability or those involved very often in adulteration in food

or drugs [Section 110(F)(ii)] :-

Under this clause, the offenders under different five acts are

covered, e.g.; if a person very often commits an offence under Corruption

Act, can be dealt with under this clause.

Dangerous offenders [Section-110(G)] :-

If a person acts in a way, without consideration to other people‟s

safety or other person‟s property is a dangerous offender. The persons are

dangerous when they act without consideration of causing harm to other

people or the consequences of one‟s acts in a irresponsible manner. If a

person is quarrelsome, gives threatening to other people, such persons can

not be considered as dangerous in the meaning of this clause. If somebody

keeps a stick with oneself for protection from attack by somebody, that

person is also not dangerous. But if some person or persons are

notoriously known for attacks and mischiefs, they are dangerous. It is

risky for society to keep such persons free without proper security.

(4) Procedure (Section-111) :

While taking action under sections 107, 108, 109 or 110, if a

Magistrate feels it necessary to issue a show cause notice to any individual,

he will do so by issuing an order in writing and such orders shall contain

following details:
 855

(1) Brief description of the information received.

(2) Amount of Bond,

(3) Period of Bond,

(4) If sureties are necessary, number of sureties and their category.

Under this section-111, Magistrate should mention in brief which

information he has received. If the order does not contain this information,

the order does not become wrong. Still, however, it is to be kept in mind

that, when the written order is issued by the Magistrate, this information

must be given. No separate order is necessary to give this information.

Procedure when the individual is present in the Court (Section-112) :-

When an order is issued to a person and if that person is present in

the Court, the order will be read out to him and if he so wishes, the order

will be explained to him in brief.

Summons of warrant in case of absent persons (Section-113) :-

If such an individual is not present in the court, the court will issue a

summons asking him to remain present in the court, and if such person is

in the custody, the court will issue a warrant to officer in whose custody

the person is, to bring him in the court.

However, if the Magistrate feels, from the report of the Police

Officer or through other information, that

(a) there is a reason to believe that such person can breach the

public peace; and

 856

(b) that the breach of public peace cannot be maintained without

his arrest;

then the Magistrate, can any time, issue a warrant for his arrest. In

this, he should make a brief reference about police report or information

received.

This section empowers the Magistrate to issue a warrant for

arresting a person in certain circumstances. If the Magistrate comes to the

opinion on the basis of a report from the Police Officer or from any other

information that there is a possibility of breach of public peace by some

person and that without arresting him, this possibility cannot be avoided,

then the Magistrate can issue a warrant for arresting an individual. Here, it

is to be kept in mind that no summons or warrant can be issued unless the

orders under section-111 are issued. In other words, the order under

section-111 is the precondition for issuing of summons or warrant under

this section.

When an order is issued under section-111, and the individual

against whom such orders are issued, is present in the Court, then the order

under section-111 will be read out to him, and if he so desires, the order

will be explained to him in brief. But if such an individual is not present in

the court at that time, then, as per provision of the section, the summons

will be issued to ensure his presence, or as explained in this section, a

warrant will be issued against him.

 857

To enclose the copy of the order alongwith the summons or warrant

(Section-114) :-

The order under section-111 is necessary before issuing of summons

or warrant under section-113. Now, when a summons or warrant is issued

under section-111, it is necessary to enclose the copy of order under

section-111 will be necessary. The officer who delivers the summons or

warrant shall have to give the copy of the order under section-111.

Power to waive the individual‟s presence (section-115) :-

When an order is issued to an individual under section-111to show

cause why the order to take security for good behaviour be not issued

against him by the Magistrate, the Magistrate, if he has the adequate

reason, can permit him from remaining personally present before the

Magistrate and can permit him to remain present through his advocate.

(5) Inquiry as to truth of information (Section-116) :-

(1) When the order under section-111 is read out under section-112 to

the person who has remained present in the court of when the

summons or warrant under section-113 is issued against a person

and is brought before the court or has remained present himself in

the court, the Magistrate shall make an inquiry about truth of the

information on the basis of which the Magistrate has taken action

and also record additional evidence as may be necessary.

 858

(2) As far as possible, such inquiry will be done in a way of hearing in

summons cases and recording the evidences.

(3) After beginning of the inquiry as under para (i) above or before its

completion, if the Magistrate feels that immediate action is

necessary;

(a) for preventing the disturbance; or

(b) for preventing the breach of public peace; or

(c) for preventing the occurrence of any offence; or

(c) for public safety;

then the Magistrate, can order to a person against whom the orders

are made under section-111, to give a bond for maintaining peace or for

good behaviour, with or without sureties till the inquiry is completed, and

till such bond is not produced, can keep such persons in custody, and if he

fails to produce the bond, can detain such person in custody till the inquiry

is completed but while doing so, the Magistrate has to show the reasons in

writing.

However, it is provided that;

(a) no order can be issued to produce bond for good behaviour

against those persons against whom the proceedings under

sections 108, 109 or 110 is not made.

(b) The amount of bond, provision for sureties, number of

sureties, financial implications, conditions of bond etc. cannot

 859

be harder than those mentioned in the order made under

section-111.

(4) For the purpose of this section, the fact that a person is a habitual

offender or is dangerous and that it is risky to allow him to be free in the

society without security, can be proved on the basis of his general prestige

or otherwise.

(5) When two or more persons are involved simultaneously in the

process of inquiry the Magistrate, as he deems fit, can conduct an inquiry

simultaneously or separately.

(6) The inquiry will be completed within six months of its beginning

and if it is not completed within a period of six months, the proceeding,

under this chapter will be cancelled unless the Magistrate decides

otherwise, after recording the reasons in writing. However, it is provided

that, if a person is taken into custody during the period of inquiry, the

proceedings against him shall stand cancelled after six months of his

imprisonment unless the proceedings have already been cancelled.

(7) When the order is issued under sub para (6) above, to continue the

process of inquiry, the person aggrieved by such order can make an

application to the sessions judge and if the sessions judge feels that such

order was not based on any specific reasons or was improper, then the

sessions judge can cancel that order.

 860

A. Conditions to apply section-116

(1) If a Magistrate has received some information against somebody,

then the Magistrate can inquire whether that is true or not, under this

section. But, before the Magistrate makes such an inquiry, the

following conditions should be fulfilled:

(a) There should have been an order under section-111;

(b) If a person against whom the order is made, is present in the

Court, then the order should have been read out to him under

section-112;

(c) That person should remain present through a summons issued

under section-113;

(d) That person should have been brought in the Court under

warrant issued under section-113.

(2) How to conduct this inquiry has been described in para (2) above.

Accordingly, inquiry should be conducted as a hearing of a

summons case and recording of evidence.

(3) From these persons, the Magistrate can ask the bond with or without

sureties under following circumstances :

(a) There must be an order passed under section-111 against

whomthe inquiry has been started;

(b) The inquiry must have started but should not have been

completed;
 861

(c) During the inquiry, the Magistrate should feel that -

(i) immediate action is necessary to prevent disturbance or

breach of public peace;

(ii) immediate action is necessary to prevent any offence

being occurred;

(iii) immediate action is necessary for public security.

In such cases, the Magistrate should state the reasons in writing.

(4) A bond for maintenance of peace or that for good behaviour can be

obtained from such person;

(5) Such bond should be for a period upto completion of inquiry. If

such bond is not produced, the Magistrate has the power to keep him

in jail and if he fails to produce a bond, he can be detained in the jail

till the inquiry is completed.

(6) A person, against whom there is no proceeding under sections 108,

109 or 110, cannot be asked to produce a bond with good behaviour

under this section.

(7) The conditions in the bond should not be harder than the conditions

prescribed under section-111.

(8) The inquiry under this section should be finished within 6 months of

the beginning of the inquiry. Otherwise, it is cancelled. However,

the Magistrate can continue the inquiry after giving the reasons in

writing.
 862

(9) If a person is in jail during this period of inquiry, then after six

months beginning from the date of imprisonment the inquiry stands

cancelled.

(10) After six months from the date of cognizance of the crime, the

procedure should be finished within 6 months. If the proceedings

continue even thereafter, special reasons should be given. In

absence of this, the procedure stand cancelled.

(11) If a Magistrate has passed an order to continue the inquiry after six

months, the Sessions judge has powers to cancel it. But the Sessions

judge can pass such order only when he feels that such order of the

Magistrate was not based on special reasons or was improper.

In an inquiry, after taking evidences from the complainants, if the

Magistrate feels that there is no adequate reason to proceed against the

person, the court will bring an end to the proceeding. If the proceedings

have started against a person to ask for a security for good behaviour and

the person makes an application to the magistrate to investigate a witness,

then the Magistrate is bound to issue a summons but if the Magistrate feels

that such application is made to delay the proceedings or with an intention

to adversely affect the purpose of justice, the Magistrate can cancel such

application.

It has been decided in the case of Indumani Shahu V/s State that

when in a Police report it has been demanded to make proceeding and ask
 863

for security against a person under section-107 and the Magistrate, just on

that basis, asks the person to give the bond; it is not proper. The

Magistrate himself should be convinced that despite such proceedings,

there is a possibility of breach of peace from him, and only if he is asked to

produce an interim bond, then only the possibility can be avoided, then the

Magistrate can ask a person to produce an interim bond. But, the

Magistrate should be convinced that in order to prevent the offence, or

prevent the breach of peace or disturbance and that for public security, it is

imperative to take immediate steps; in such circumstances only, the

Magistrate can order a person to produce an interim bond till the end of

proceedings. It is also to be kept in mind that while issuing such orders,

the reasons in writing for making such order, are to be recorded.

(6) Order to give Security (Section-117) :-

When after an inquiry, it is proved that the person in whose case the

inquiry was done, is now required to give a bond for maintaining peace or

to keep good behaviour with or without surety, then the Magistrate pass an

order accordingly.

But it is provided that –

(a) The order for giving security will not be of different types or

for
 864

more amount or for more period than the security prescribed

under section-111.

(b) For each bond, the amount will be decided on the basis of

circumstances of case and will not be of high range.

(c) If the inquiry is done in respect of the minor person his bond

has to be given by sureties.

The proceedings shall be done against a person under section-116,

only when the proceedings against him has been done under sections 108or

109 or 110. If during an inquiry, it is proved that it is necessary for a

person to give a bond for maintaining peace or for keeping good

behaviour, then the Magistrate shall pass the order to that effect. But the

Magistrate has certain limitations on his power for passing such orders.

These limitations are as below :-

(1) Under this section, no order can be made to give security of

the type other than one passed under section-111;

(2) Under this section, no order can be made to give security of

the amount larger than one made under section-111;

(3) Under this section, no order can be made to give security for

the duration larger than one made under section-111;

(4) The amount of bond should be reasonable.

(5) If the inquiry is made against a minor person; his sureties will

be required to give a bond.

 865

Release of a person against whom the information was received.

If in an inquiry under section-116, it is not proved that the person

against whom an inquiry was made, that person is required to give bond

for maintaining peace or keeping good behaviour, the Magistrate will

make such remarks as the record and if such a person is in a custody for

the purpose of inquiry only, he will be released, and if such a person is not

in a custody, will make him free.

Beginning of Bond (Section-119)

(1) A person against whom an order is passed to give a security under

section 106 or 117, is of the time of passing of order is punished and

jailed or he is undergoing just punishment, then the period of

security will start from the date of his release.

(2) In other cases, the period shall begin from the date of order, unless

some later date is decided by the Magistrate with enough reasons.

Details of a Bond (Section-120)

Once an individual gives a bond, he is bound to maintain peace or

keep good behaviour. If a person has given bond for keeping good

behaviour, and if commits a punishable offence, or attempts to do it or

helps in doing it; it is breach of the bond.

If a person has given bond to maintain peace, then he is bound to

maintain peace till the period mentioned in the bond. Whosoever gives a

bond, he is bound to maintain peace or doing any act by which there is

 866

possibility of disturbing of the peace during that period which is mentioned

in the bond. If it is proved that a person has given a bond to maintain

peace and commits such an act through which the peace is not maintained

during the period mentioned in the bond, the bond will be forfeited.

(7) Powers to reject sureties

(1) Under this chapter, the Magistrate can reject the sureties or can

cancel him from the surety, on the ground that the surety accepted

by himself or by his predecessor is not fit to be a surety.

However, it is provided that before rejecting or canceling of

sureties, Magistrate himself will inquire on oath or will ask his sub-

ordinate Magistrate to inquire and report.

(2) Before making such inquiry, the Magistrate will give due notice to

the producer of sureties and in making an inquiry, he will record the

summary of evidences placed before him.

(3) The Magistrate, considering the evidences placed before him or

before the Magistrate appointed by him vide sub-section (i) above,

and the report of that Magistrate, is convinced that the surety is on

improper person for the purpose of surety, will issue an order to

reject him or to cancel him as surety but in doing so, the Magistrate

has to record the reasons in writing.

However, it is provided for that before canceling a person who was

accepted earlier, will call a person issuing a summons, for when that
 867

person stood as surety, or if the Magistrate feels it appropriate will issue a

warrant and call him.

Vide this section, a Magistrate has been empowered not only to

reject a person as surety; but also to cancel him as surety for which he was

accepted as surety earlier. It is not necessary in this case that, for

canceling a person as surety, he must have been earlier accepted him as

sureties. Even if any of his predecessors has accepted the surety; it can be

cancelled by his successor. Only thing to be kept in mind is that the

Magistrate can reject a person on surety or can cancel him as surety only

on the ground that he is found improper as surety for the purpose of bond.

The Magistrate cannot refuse to accept him as surety or cancel him as

surety for reason other than this. Further, there are following limitations

on powers to issue such order :-

(1) Before refusing a surety or canceling a surety, the Magistrate should

inquire about his propriety on oath. However, the Magistrate can

direct the Magistrate sub-ordinate to inquire and report after inquiry.

(2) Before inquiry, the Magistrate should give reasonable notice to

surety and one who has produced the surety;

(3) In such an inquiry, the Magistrate should record in writing the

summary of evidences placed before him.

(4) The Magistrate, on the basis of evidences placed before him, should

be convinced that the surety is an improper person for the purpose of

 868

surety or after considering the evidences placed before the

magistrate to whom it was directed as in (1) above, and also

considering his report Magistrate should be so convinced. Only

after the Magistrate is convinced, he can pass an order to reject the

surety or to cancel such surety.

(5) The Magistrate should record in writing the reasons for passing such

order.

(6) If the Magistrate is to pass an order to cancel the sureties, before

doing so the Magistrate has to call a person, issuing a summons, for

whom the surety has given the security, or if he thinks fit, can issue

a warrant to keep him present.

(8) Imprisonment in default of Security (Section-112) :-

(1) (a) A person, who has been ordered to give a security under

section

106 or 117, if does not give security for the duration of time

prescribed on the date of beginning of that period or prior to

that date, he shall be sent to jail or if the person happens to be

in jail at the time, he shall be kept in the jail till the end of the

period of security or during the period of security, he fails to

produce security to the court or the Magistrate who has

ordered him to give surety.

 869

(b) If a person has been ordered by the Magistrate to give a bond

without surety under section-117 and if a person, accordingly

has given such bond, and if the Magistrate or his successor is

convinced that the person has made a breach of the bond, then

the Magistrate or his successor can arrest the person and order

him to send him to jail upto the period of bond., if a person is

liable to be punished for other punishment or attachment, then

the order will not affect that punishment. However,

Magistrate must record the reasons for passing such order in

writing.

(2) When the Magistrate has ordered to such persons to give security for

more than one year and if such person does not provide such

security, then the Magistrate shall issue a warrant and shall order to

detain him in jail, till the order of the judge and shall submit the

proceedings to the Sessions Court at the earliest convenience.

(3) The Sessions Court, after examining the proceedings and after

obtaining necessary evidence and information from the Magistrate,

will make an order according to circumstances of the case.

However, before making any order, reasonable opportunity will be

provided to the concerned person. However, it is provided that, if

someone is imprisoned for failing to give security, he shall not be

imprisoned for more than three years.

 870

(4) If during a proceedings, two or more than two persons are ordered to

give securities, and if out of them, the proceedings in respect of only

one person is submitted to the Sessions Judge, under (2) above, then

it shall also include those persons who have also been asked to give

securities and on such occasions, the provisions contained in (2) and

(3) above will also apply other person(s). But the period of

imprisonment should not exceed the period for which the surety was

ordered.

(5) The proceedings submitted to Sessions Judge under (2) or (4) above

can be transferred by him at his discretion to Additional Judge or

Assistant Judge. In this case, the concerned Additional Judge or

Assistant Judge will enjoy the powers of Sessions Judge in relation

to these proceedings.

(6) When the securities are presented to the in-charge Officer of the Jail,

he shall immediately report the matter to the Court of Magistrate

ordering the securities and shall wait for order from the concerned

Court or Magistrate,

(7) The imprisonment for failing to produce security to maintain peace,

will be simple imprisonment.

(8) If the proceedings have been made under Section-108, the

imprisonment for failure to produce security for good behaviour,

will be simple imprisonment but if the proceedings have been

 871

conducted under section-109 or 110, the imprisonment in each case

will be simple or rigorous as ordered by Magistrate. If a person,

who has been ordered by the Magistrate, does not produce security

from the beginning of the date or before it, the Magistrate is

empowered to imprison him. Details in (1) above applies to both

securities for maintenance of peace and keeping of good behaviour;

whereas details in (2) above applies only to the security for good

behaviour.

Maintenance of Public order and peace

Under sections-120 to 132 of Criminal Procedure Code, 1923, the

Executive Magistrate is empowered to disperse illegal assembly whereas

under sections-133 to 143, he has been given magisterial powers to remove

public nuisance which are presently delegated to sub-divisional

Magistrates. Under section-144, they are empowered to order in cases of

immediate cases of disturbance/nuisance or those of suspected fears.

(1) Illegal assemblies (Sections 129 to 132) :-

An illegal assembly consists of minimum five persons. Its objective

must be as described in Indian Penal Code secton-141 e.g. if the objective

of five individuals is to threaten by force the public servant in performing

his duties; it is an illegal assembly. Sections 123 to 131 describes how the

illegal assemblies can be dispersed. When any action is taken as described

 872

in section 129 to 131 to disperse the illegal assemblies, section 122

provides for protection against Criminal procedure for such action.

To disperse the assembly using the civic force (section-129) :-

(1) Any Executive Magistrate or in-charge officer of a Police station can

order the illegal assembly or an assembly consisting of five or more

individuals, from whom there is a possibility of disturbance of

public peace, to disperse. In case of absence of the in-charge Officer

of the Police station, any Police Officer can make such order. On

issuing of such order, it is the duty of the assembly to disperse.

(2) Despite issuing of such order, if such assembly is not dispersed, or

even when such order is not given; but the assembly acts in a way

that its decision of not to be dispersed is seen, then the Executive

Magistrate or Police Officer as described in (i) above will take

action to disperse the assembly with force and in order to disperse

them or in order to arrest them and keep them in custody for giving

them punishment as per act, will take the assistance from any person

who is not an Officer or a member of army or one who is not

working in such capacity.

It is to be decided as the basis of the principles laid down in

section-141 of Indian Penal Code, whether any assembly is an

illegal or not. The power to disperse the illegal assembly is with the

Executive Magistrate or in-charge Officer of the Police station and

 873

in his absence to any Police Officer. For the purpose, the assistance

from Police can be solicited.

Use of Military Force to disperse assemblies (Section-130) :-

(1) If such assemblies cannot be dispersed otherwise and if it is

necessary to disperse it for public safety, then the Executive

Magistrate of the top rank present, can get it dispersed with the help

of military force.

(2) Such Magistrate can order the head of the military force to get the

assembly dispersed with the help of the military force under his

control and also to arrest the persons from among the assembly,

whom he orders and send him to jail or can order for dispersing of

the assembly or to arrest them and send them to jail for punishing

them as per act.

(3) The officer of such military force will carry out the order as he

deems fit. But, while dispersing the assembly, to arrest the persons

and send them to jail will use minimum force as necessary and will

be least harmful to people and property.

Power to some Military Officers to disperse assembly (Section-131) :-

When the public safety is obviously at stake by such assembly and

when it is not possible to contact any Executive Magistrate, then any

commissioned or Gazetted Officer of the military force, with the help of

the military force under his control, can disperse such assembly and for the
 874

purpose of disbursing the assembly or for the purpose of giving them

punishment as per act, can arrest the members of the assembly and keep

them in jail. But when such an officer is functioning under this section,

and if it is possible to contact the Executive Magistrate, then it is the duty

of such officer to contact the Executive Magistrate. Thereafter, he will

follow the instructions of the Executive Magistrate whether to continue the

action or not.

When the illegal assembly becomes violent and when it is not

possible to contact the Executive Magistrate, then in such emergencies, a

commissioned Officer or gazetted officer of the military force is

empowered to disperse the illegal assembly, e.g.; at the time of riots or

revolt, when it is not possible to contact the Executive Magistrate, such

Officer can take immediate action. But while performing such duties, the

Executive Magistrate should be contacted as soon as possible. On such

occasions, the first step is Lathi-charge and if the illegal assembly is not

dispersed, tear gas is sprayed; and if the assembly is not dispersed even

then, the firing is used as last resort. In emergency situations, firing is

done forthwith.

Protection against Criminal procedure (Section-132)

(1) In case of the action which is supposed to have been taken vide

Sections, 1290, 130 and 131 -

 875

(a) If it is done by the Officer or the member of the Military

force, no criminal case can be filed against him without permission from

Central Government.

(b) In any other circumstances, no police complaint can be made

in the court without permission from State Government.

(2) (a) If any Executive Magistrate or a police officer acts in good

faith under this section,

(b) If any person acts in good faith when asked for under sections

129 or 130;

(c) If any military officer acts in good faith under section-131;

(d) If any member of the military force has obeyed to the orders,

which he is bound to obey;

no any such person will be believed to have done any offence.

Public Nuisance (Sections 133 to 143) :-

Definition :- In section 268 of Indian Penal Code, the definition of

Public nuisance is given. According to it, any individual, by any such

action, or by omission of any act provides general harm, fear or terror to

public, especially the neighbour, or provides harm, fear or trouble to whom

there is privilege to use public right, such person is responsible for offence

of public nuisance case in sections 133 to 143.

 876

Conditional Order to remove public nuisance in service and publicity

(Sections -133 and 134) :-

(1) When some District Magistrate or sub-divisional Magistrate or any

Executive Magistrate specially empowered by the State Government

in this regard, on the basis of police officer‟s record or other

information and after taking evidences as he deems fit, feels that -

(a) illegal obstacle or public nuisance from any road, river, canal

whose use has been legally done or can be done by public,

and from a public place should be removed, or

(b) when it is found that the trading or occupation or keeping of

some goods or commercial goods are harmful for the health of

society or for physical facility of people and therefore it

becomes necessary to ban such trading or occupation or that it

should be controlled or that such goods or commercial goods

should be removed or should be controlled; or

(c) The construction of a building or disposal of materials is

likely to result in fire or a blast, should be stopped; or

(d) If a building, tent, construction or tree is in such a position

that it is likely to collapse and hence can cause harm to people

residing or working nearby or persons moving from there and

hence it is necessary to remove or repair or providing support

to such construction, building, tree, tent; or

 877

(e) The tanks, wells or construction situated near a road or public

place should be covered in such a way that may not cause fear

to the public; or

(f) The fierce animal should be destroyed or should be kept in

custody or should be disposed of otherwise.

In all such cases, the Magistrate issues conditional order to

those who create public nuisance or obstacle or those trading or

those keeping such goods, or to the owner of such building, tent,

construction, tank, well or its occupier or in controller or to owner of

an animal or tree or its occupier, to do the following within

prescribed period –

(i) to remove the obstacle or public nuisance;

(ii) not to trade or carry out occupation or to remove such goods

as directed, or to control it or to keep such goods in the way as

directed or to control them;

(iii) to stop the construction of such building or to change the way

of disposal of such goods; or

(iv) to remove such building, tent or construction or to repair

them, or to provide support to them, or to remove the tree or

to provide support to it; or

(v) to put a fence to suit tank or well or digging site; or

 878

(vi) to destroy such fierce animal as directed or to place it in

custody or to dispose it of.

If any person has any objection against such order, the person shall

be asked to be present before himself or before the Executive Magistrate

under his control. After remaining present, the person has to show cause

why such order cannot be passed.

(2) The order passed by the Magistrate under this section cannot be

challenged in any civil court.

Emergency cases of nuisance or suspected fear (Section-144) :-

The District Magistrate, the Sub-divisional Magistrate or Executive

Magistrate authorized by State Government are empowered by section-144

to issue orders in areas of nuisance or suspected fear. Such orders can be

made any time when immediate action is necessary. The orders under this

section can be made to the individuals not to act in particular manner, to

manage the property in particular manner, to prevent the obstacles and

nuisance to prevent breach of public peace, to prevent riots etc.

Section-144(A) :- Under Criminal Procedure Code (amendment) Act,

2005, section 144(A), the powers are given to prevent processions, march,

to keep arms in training with arms etc.

Power to order in emergency cases of nuisance or suspected fear

(Section-144):-
 879

(1) According to the opinion of District Magistrate, Sub-divisional

Magistrates or Executive Magistrates specially empowered by the State

Government in this regard -

(a) if there is adequate reason to take action under this section;

and

(b) if some action is to be stopped/prevented immediately and its

immediate remedy is desirable; or

(c) if the Magistrate feels that by his order –

(i) the obstacle, terror or harm will be prevented to the

person acting legally; or

(ii) the danger to human life, health or safety will be

stopped;

or

(iii) the interference in public peace will be stopped; or

(iv) the riots or disturbance will be stopped –

then, the Magistrate will give a person an order in

writing and

(a) ask him to keep away from doing any act, or

(b) can order to arrange/manage the property under

his possession and administration in particular way. In

such order, the Magistrate should mention significant

 880

facts of the case. The order should be served as

provided for in section-134.

(2) If in an emergency situation, or due to some circumstances, the

person, against whom the order has been made, cannot be served

with the order then under this section, ex-party order can be passed

against him.

(3) The order under this section can be passed against an individual or

individuals residing at a place or in an area; or people who visit the

place or some place or in some area.

(4) The order made under this section shall remain in force for a

maximum period of two months.

However, it is provided that, in order to prevent the danger to

human being‟s lives, health or safety or to prevent riots or

disturbances, if State Government, if it thinks necessary, by issuing

a notification, can extend the order, issued by Magistrate, for a

maximum period of six months.

(5) On the basis of an application of an aggrieved person, the Magistrate

can cancel or can amend the order passed by him, or by his

predecessor under this section. The Magistrate, suo motu, can also

cancel or amend such order.

 881

(6) As provided for in proviso of (4) above, the State Government, on

the basis of the application of the aggrieved person, or suo motu can

cancel or amend the order issued by it.

(7) When an aggrieved person, under (5) above makes an application to

the Magistrate or under (6) above to the State Government, on

receipt of such application, the Magistrate or the State Government

will provide an opportunity to be present personally or through an

advocate and to show cause against the order; and if the Magistrate

or State Government decides to reject the application partly or fully,

shall record the reasons for doing so.

When the order under this section can be made?

The power to pass an order under this section are with the District

Magistrate, Sub-Divisional Magistrate or to the Executive Magistrates who

are empowered specially in this regard by State Government. The order

under this section can be passed by Magistrate only in the following

circumstances, when in the opinion of the Magistrate –

(1) There is adequate reason for taking action under this section,

(2) When it is desirable to prevent certain act immediately and to

get an immediate remedy – and when the Magistrate is convinced that by

his order –

(i) the obstacle, terror or injury to a person who acts

legally can be prevented;

 882

(ii) the fear against the life, health and safety will be

stopped; or

(iii) the interference in public peace will be stopped; or

(iv) the riots and disturbances will stop;

then the Magistrate passes an order under this section.

The objective of the section is to provide temporary measure in

emergency situation. Before passing an order under this section, there

should be such circumstances, which need immediate action. Thus,

existence of such circumstances is a pre-condition for passing of order

under this section, e.g.; where there is a possibility of breach of public

peace, the Magistrate can make order under section-144. Likewise

sometimes when the University Examinations are going on, the Magistrate

passes prohibitive order under section-144. Some way, when there is a

possibility of riots, the Magistrate can pass order under section-144

prohibiting the procession or assembly of people. In such orders, the

Magistrate must mention significant details of the case. The order must be

served as detailed in section-134.

Against whom such orders can be made?

The general rule is very clear. Any order should be against some

individual. But section-144(3) is an exception. Under this section, the

order can be made to any individual or to individuals residing at a

particular place or in particular areas or people visiting places or areas.

 883

The reasons behind this is obvious. The order under this section is meant

to prevent the interests of public. When a big mob gathers, it is not clear

as to whose act should be controlled; hence the order can be made to

people who visit the place or area when a general order can be made to

people. When such order is made under this section, clear indication about

specific limit of that prohibited area should be provided. It had been

decided in the case of Abu Husain Shaikh that the section does not prohibit

general public from visiting general place. The section prohibits people

from doing certain acts, while visiting particular place.

Can the time limit of order be extended ?

The State Government has power to extend the time limit of order

made by Magistrate. But the power of State Government to extend the

time limit of order made under this section is not unlimited. The time limit

of the order can be extended only when the State Government feels that it

is necessary to extend the time limit of the order to prevent the fear on the

life; health and safety of human beings or to prevent riots and disturbances.

The order of State Government can be enforced for the maximum period of

six months after completion of two months of District Magistrate‟s order.

Thus, the total period for which such order can remain in force is eight

months. For extending the order, Government is required to issue a

notification.
 884

When such order can be cancelled or amended ? :-

Both the Magistrate and State Government have power to cancel or

amend orders passed by them respectively. Magistrate can, suo motu or on

the basis of application made by an aggrieved person, can cancel or amend

the order passed by himself or that one passed by his predecessor or passed

by his sub-ordinate Magistrate, e.g.; if the Magistrate has prohibited the

assembly of persons to prevent disturbances, and if after one month, he

feels that such order is now not necessary then he can suo motu or on the

basis of application made by the aggrieved person, can cancel that order or

can order to apply it only certain limited area if he feels so, and thus can

order not to apply it to other areas, suo motu or on the basis of an

application of an aggrieved person, can amend it.

If the State Government has extended the time limit of the order

made by government, then the State Government suo motu or on the basis

of application made by an aggrieved person, can cancel their order or can

amend it. If the State Government has not extended the time limit of the

order of the Magistrate by a notification; it need not cancel it or amend it.

For getting the order under this section cancelled, when an

aggrieved person makes an application to the Magistrate or to State

Government, the Magistrate or State Government will provide him an

opportunity to show cause personally or through an advocate. If the

 885

application of that person is refused/rejected completely or partially, the

reasons for doing so should be recorded in writing.

Quarrels related to immovable property (Sections 145 to 148) :-

When there is a possibility of breach of general peace, the power to

come at temporary solution is given to the Magistrate, vide section-145.

Meaning thereby, that the Magistrate has power to bring a solution to the

problem until the rights of the parties are not decided by the Civil Court.

The magistrate does not have power to decide the rights of the parties.

Thus, the Magistrate cannot touch the merit of the case.

When there is a possibility of breach of peace due to quarrels related to

land or water (Section-145) :-

(1) When the Executive Magistrate, through a Police report or through

other information comes to know and is convinced that -

(a) some quarrel related to land, water or their limits/borders exist

in his jurisdiction and that they are likely to result in breach of

peace; then

(b) the Magistrate will pass a written order and indicate the

reasons for his conviction; and

(c) will issue an order to the concerned parties to this quarrel; to

remain present personally or through advocate in his court on

particular date and time; and

 886

(d) present the written statement of their claims about subject

matter of their quarrel.

(2) For the purpose of this section, „Water and Land‟ include buildings,

market, fishing places, products of crop or that of land, rent for such

property and profit.

(3) The copy of this order will be served in a way to serve summons

according to law, to the persons indicated by the Magistrate and at least

one copy of it will be affixed at the place or nearer to it, of subject matter

of the quarrel.

(4) Thereafter without giving any attention to the merit of the case, or

claims of the parties on the subject matter of quarrel;

(a) will consider the written statements of the parties;

(b) listen to the evidences of parties;

(c) will take other evidences as he thinks fit and if possible will

decide whether on the date of his order made as in (1) above,

any party had a possession over the subject matter under

quarrel.

However, it is provided that, if the Magistrate feels that

prior to two months of the police report or date of information

received by him or thereafter or prior to his order made as per

(i) above, if any of the parties are removed forcefully and

illegally from the possession; the Magistrate will consider that

 887

party as if he was holding the possession on the date of issue

of order as per (i) above.

(5) There is no objection under this section, in informing a person who

is summoned to be present or a person who has a stake, that such

quarrel does not exist or did not exist and that in such circumstances,

the Magistrate will cancel his order and will stop any further

proceedings. But when such order is not cancelled, the order made

under (i) above shall be final.

(6)(A) If a Magistrate decides that any of the parties was in

possession of the subject matter of the quarrel or even if it is decided

under proviso of (4) above, that he had such possession, then the

Magistrate will declare that he has right to hold the said possession

unless he is asked by a legal process to give up the possession and

until such possession is not given up in such manner, the Magistrate

will order to prohibit any interference in his having this possession;

and when the Magistrate initiates the proceedings as (8) below, he

shall return the possession to the individual who had been driven

away by force and in illegal way.

(B) The order under this as (6) above will be served and published as

shown in (3) above.

7. When a party to this proceedings dies, the Magistrate can nominate

the legal representative of the deceased party as part to the

 888

proceedings, and when a question arises as to who is the legal

representative of the deceased party, then all the persons claiming to

be legal representatives of the deceased party, will be made party to

the proceedings.

8. If the Magistrate is of the opinion that the subject matter of quarrel,

of the proceedings before him viz. crop or proceeds from the

property is likely to be spoiled naturally and speedily; then the

Magistrate can order for its proper custody or for its sale etc. and

after completion of the inquiry can issue appropriate order for

disposal of property or its proceeds.

9. if it deems fit on the basis of an application from the party

concerned, then the Magistrate can ask the witness by issuing

summons to remain present or to produce a document at any stage of

the inquiry.

10. Nothing in this section will be considered as against powers to have

proceedings under section-107.

Objective of this section :- The objective is to prevent the breach of

peace. For that purpose, the Magistrate, after an inquiry, will decide as to

who was in possession of land, water or border etc. and until the rights of

the parties are not finally decided by a Civil Court will maintain status quo.

The objective of the section is to compel the parties quarrelling for

 889

immovable property to resort to Civil Court for solution of their quarrel.

In the case of Pritamsingh V/s Ranjeet Sing that the objective of the

section is to prevent breach of peace; when there is a possibility of breach

of peace in quarrels for land, water etc. for prevention of breach of peace,

the Magistrate should take effective measures; and for that purpose only,

will decide as to who was in possession of land, water or border, before

two months of starting date of the inquiry or on that particular date. The

section does not intend to make any change in the rights of the parties.

The objective of the section is, to take the subject matter of quarrel from

the hands of the parties and making one of the parties as its custodian and

asking other party to get his rights decided by the Civil Court and in the

meanwhile to provide protection to the custodian.

When can an order be passed under section 145(1)

The power to pass the order under section 145(1) is with Magistrate

only. Before the Executive Magistrate passes such an order, the

Magistrate –

(i) must have received the information through a police report or

otherwise;

(ii) the Magistrate, on that basis, must be convinced that there is a

possibility of breach of peace from this quarrel;

(iii) the quarrel must be in respect of land, water or border;

 890

(iv) the quarrel must be within the local jurisdiction of the

Magistrate.

When the Executive Magistrate is convinced as above, he would

record the reasons for his own conviction and shall order the parties, to be

present personally or through their advocates on a particular day and time;

with written statement of actual possession of the subject matter of the

quarrel. The land and water shall include buildings, fishing fields, crop,

proceeds from land, profit and rent of the properties.

It is to be kept in mind that the proceedings under this section does

not start with the report of the police or with the information received from

any other source. The proceedings under this section start when the

Magistrate is convinced that a quarrel related to land or water or border

exists within his local jurisdiction. The Magistrate will make note on

record about reasons for his being convinced, then only the proceeding

under the section starts. The main responsibility of the Magistrate is to

maintain peace and in doing so, the rights of individuals are not affected.

In a way, the criminal court interferes in civil matters. The Magistrates are

not supposed to inquire about rights of the parties. Besides, the

Magistrates have not to go into merit of the case. Magistrates have only to

see that on a particular date, who was in possession of subject matter of the

quarrel. Therefore, the starting date is that date when the Magistrate is

convinced about possibility of the breach of peace.

 891

It is to be kept in view that under this section Magistrate has not to

give his decision about rights of the parties. When any person makes an

application and if the Magistrate thinks that no action is required to be

taken; he can do so. Or the Magistrate can even take measures under

section-107 or section-144. The Magistrate has not to decide that who has

right to hold the subject matter of quarrel. He has only to decide as to on a

particular day, which of the parties was in possession of that subject

matter.

The quarrel must be within the local jurisdiction of the Magistrate.

The quarrel must be in respect of land, water or border. When there is a

possibility of breach of peace from such quarrel, then only the Magistrate

can initiate action under section 145(1). If the Magistrate issues such

order, on the basis of police report, he should mention in his order, the

facts on the basis of which, he thinks of possibilities of breach of peace.

This does not mean that if one of the parties makes an application to

Magistrate, and if the Magistrate is convinced that the requirements under

the section are fulfilled, he cannot make the order under the section.

The order of the Magistrate should be a written order.

The order of the Magistrate under section 145(1) should necessarily

be a written order. The order should have been addressed to a specific

person or persons. Such an order cannot be made addressing to public as

being done under section-144. In the order, the Magistrate should mention
 892

the reasons of his belief. Under this order, the parties are informed to

make their claims about possession. This order is like an order as made

under sections 107 or 108 or 109, or 110 or 113. The order must be clear,

brief and complete so that the party to which this order is made, can clearly

understand its meaning. It should be mentioned in the order as to what is

the base of information for this order. The order should be served

according to the process of serving of summons. The copy of the order

should be affixed at the prominent place of subject matter of quarrel and

published.

Actual Possession :- Actual possession means actual physical possession.

The actual possession could be of that individual, e.g.; who is actually

farming or the land, taking its crop or putting the seeds in land. It is

immaterial whether such person has right to possession. It may happen

that a person who holds the possession is not having a legal right for such

possession. Such person could be an unauthorized trespasser. The section

aims at maintaining peace. Therefore, until the Civil Court gives its

verdict about rights of the parties, the section provides protection to the

holder of possession.

Functioning of the Magistrate.

When there is a possibility of breach of peace due to the quarrel

related to land, water or border in the local jurisdiction of the Magistrate,

 893

the Magistrate, under section 145(1) orders the parties to remain present in

the court, personally or through their advocates, and present their written

statement about possession of the concerned land, water or border. After

receiving written statements from the parties, the further action to be taken

by the District Magistrate, is mentioned in section 145(4). After passing

an order under section 145(1), the Magistrate has to carry out a inquiry

under section 145(4). The scope of inquiry is limited to find out that on

the date when the Magistrate passed the order under 145(1), who was in

actual possession of the land. In such an inquiry, the Magistrate takes

evidences from the parties, as also collects an additional evidence as he

seems fit and listens to the parties. After taking such evidences, the

Magistrate only decides as to who was in possession of the subject matter

of the quarrel when he made an order under section 145(1). The actual

possession has to be in context with the date; viz.; date of the order under

section 145(1).

The Magistrate is concerned only with the facts of possession. The

evidence of title is acceptable only in relation to possession. The

Magistrate has not to decide the right to hold the property but has to decide

as to who actually possessed it at the date when the order under section

145(1) was made.

If the Magistrate comes to the conclusion that on the date of his

order under section 145(1), a particular party was in possession of the

 894

subject matter under quarrel, then the Magistrate, issuing an order will

declare him to hold the possession unless driven away according to the

law. The Magistrate orders that until he is asked to vacate the possession

according to the law, one cannot interfere in any way, in his possession.

Can the Magistrate restore the goods seized illegally and forcefully? :-

If the Magistrate comes to the decision that during two months of

othe date of issuing of order under section 145(1), a party has taken the

possession illegally and forcefully from other party; then he will consider

as if on the date of issue of order under section 145(1), that party was

holding the possession. The Magistrate shall issue an order that, that party,

until by legal order not getting it vacated, will be entitled to hold the

possession. The Magistrate will also order that until he is asked legally to

get it vacated, no interference should be done to him. Thus, the Magistrate

will get the possession returned to an individual from whom it was

forcefully taken away. The order will be served as shown in (3) above.

Can the Magistrate order to sell goods of disputed matter.

When the procedure is done in respect of crop or other proceeds

from the property, under this section, and the Magistrate feels that such

crop or the proceeds from the property will be spoiled naturally, then the

Magistrate can order to keep in proper custody or to sell it off. After

completion of an inquiry, the Magistrate shall pass appropriate order in

respect of the property or proceeds from the sale.

 895

Power to attach the subject matter of quarrel and to appoint receiver :-

(1) After passing an order under section145(1), if the Magistrate feels

that -

(a) it is a critical case or

(b) The Magistrate comes to a conclusion that no party had a

possession as described in section 145(1);

(c) The Magistrate cannot decide as to who had the possession of

subject matter of quarrel;

then in such circumstances, Magistrate can attach the subject

matter of quarrel, until the civil court decides who is authorized to possess

the property.

However, it is provided that the Magistrate can withdraw the

attachment when he is convinced that there is no possibility of any breach

of peace in respect of subject matter of quarrel.

(2) When the Magistrate attaches the subject matter of quarrel, and

when no receiver is appointed by the Civil Court in its regard, then

the Magistrate -

(a) will make appropriate arrangement for taking care of the

property; or

(b) if the Magistrate thinks it fit, can appoint the receiver for it.

Such receiver has some power as one appointed by the Civil Court

but the powers of receiver will be subject to the control of the Magistrate.
 896

However, it is provided that if thereafter the receiver is appointed by

the Civil Court for the same property, then the Magistrate –

(a) will order the receiver appointed by himself to hand over the

possession of the subject matter of quarrel and then will relieve

the receiver appointed by himself.

(b) Will make any subsequent or concluding order.

This section provides the powers to Magistrate to attach the subject

matter of the quarrel in following circumstances :-

(1) In period of emergency,

(2) If the possession as described in section 145 is with no party; or

(3) When the Magistrate is not able to decide who was in possession

of subject matter of quarrel.

Dispute in respect of use of land or water (Section-147) :-

(1) When the Executive Magistrate -

(a) by the report of a Police Officer; or

(b) through any other information;

(c) is convinced that there exists a quarrel in his own jurisdiction

regarding so called right to use land or water and which is

likely to result in breach of peace; and

(d) such right may be right to enjoy or otherwise

(e) then the Magistrate shall issue a written order; and

(f) will mention the reasons why he is convinced; and

 897

(g) direct the parties to the quarrel to be present personally or

through their advocate on particular day and time and

(g) present their written statement regarding their claim of right.

(2) Therefore, the Magistrate will -

(a) examine the statements presented;

(b) listen to the parties;

(c) take evidences presented by the parties;

(d) consider the impact of such evidences;

(e) take additional evidences as he thinks fit and will decide

whether

any such right exists and will as is applicable, apply the

provisions of section 145.

(3) If the Magistrate feels that such right exists, he will order

prohibiting the interference on use of right. In proper cases, the

Magistrate can also order to remove the obstacles against use of

such right.

However, it is provided that such order will not be made when

the right can be enjoyed during any time of the year; unless –

(a) such right had been enjoyed during previous three months of

receipt of police officer‟s report or other information as under

(i) above; or
 898

(b) when such right could be enjoyed in a particular season or

particular occasion; unless such right had been enjoyed before

last season or occasion of receipt of Police officer‟s report or

other information as under (i) above.

(4) If the Magistrate feels in the proceedings initiated under section

145(1), that the quarrel is about so called right of use of land or water, then

the Magistrate can continue the proceedings as if it was initiated under

section 147(i). but for doing so, the Magistrate should record the reasons

in writing.

Necessary conditions for initiating the proceedings under this section :-

(1) The Executive Magistrate must have received the report of other

Police Officer or other information;

(2) On the basis of these, the Magistrate must be convinced that any

quarrel exists in relation to so-called right to use land or water;

(3) Such quarrel must be existing in the local jurisdiction of othe

Magistrate;

(4) There should be a possibility of breach or peace due to this quarrel.

The proceedings under this are as good as those under section 145.

The Executive Magistrate undertakes such proceedings when there is a

possibility of breach of peace from the quarrel relating to so-called right to

 899

use land or water. Such right could be one which can be enjoyed or

otherwise. That does not matter the proceedings under this section as far

as possible, the method of inquiry should be deployed on one under section

145.

If the Magistrate feels that such right does exist; then the Magistrate

shall order prohibiting any interference against its use. In proper cases, the

Magistrate can even order to remove the obstacles against its use. But, if

these rights are such as could be enjoyed during any time of the year, then

they should have been enjoyed before the period of three months of receipt

of Police Officer‟s report or other information; and then only such order

under this section can be passed.

Likewise, if such right could be enjoyed only during some season or

on some occasion, such rights should have been enjoyed immediately

before three months of receipt of Police Officer‟s report or other

information.

If the proceedings under this section has been initiated and if during

the inquiry, the Magistrate feels that the quarrel is of section 145(1) type

but even then the Magistrate can continue its proceedings as if under

section 145. But in doing so, the Magistrate has to record the reasons in

writing. Likewise, in the case of proceedings under section 145(1), if the

Magistrate feels that it should be under 147(i) even then the Magistrate can
 900

continue the proceedings as if it was under 145(1) but shall record the

reasons in writing for doing so.

Local Investigation (Section-148) :-

(1) When the local investigation is necessary for the purpose of sections

145, 146 or 147, the District or Sub-divisional Magistrate can

appoint their sub-ordinate Magistrate, can give them written

instructions and also can declare as to who will bear the partial or

full expenditure on this investigation.

(2) The reports of such Magistrate can be read in evidences.

(3) If any party has incurred some expenditure in the proceedings under

sections 145, 146 or 147, the order, as to who shall bear this

expenditure can be made by the deciding Magistrate. Meaning

thereby the Magistrate can order as to this expenditure to be borne

by that party or other party, fully or partially or pro rata etc. such

expenditure includes one made for witnesses and fees of advocate as

the court thinks proper.

Power to take complaint of cognizable offence (Section-154)

Despite the clear provision made in section-154 of Criminal

Procedure Code, some Police Officers in some police stations do not

record First Information Report (FIR) in cognizable offences.

 901

Considering such representation from the public, the State Government

thought it necessary to make special arrangements to record people‟s

complaints.

When the officer of local police station does not record such

complaint, the concerned person can make written FIR to the nearest

Taluka Magistrate; and the Taluka Magistrate shall forward it with

endorsement to the Police Station. On receipt of such details, the police

officer must record its registration. It is the responsibility of the District

Superintendent of Police to see that there is no mistake. In case of any

difficulty, it will be solved by the Superintendent of Police at District level

in consultation with the District Magistrate.

These instructions are issued vide GR No. PSF/2998/2511/D dated 22-4-

1998 of Home Department.

INQUEST :

Indian Penal Code, 1973, section 174 provides for this, as under :-

The Executive Magistrate can proceed in case of information from

Police –

(1) If an in-charge officer of the Police station or any other police

officer specially empowered by State Government gets an

information that -
 902

(a) some body has committed suicide, or

(b) some person or animal has killed him/her; or

(c) some person has died in the circumstances that creates

reasonable doubt about the offence by some body;

then, he should immediately inform the concerned nearest Executive

Magistrate empowered to investigate in case of death. The Executive

Magistrate shall visit the place where the dead body of the person lies and

will make an investigation in the presence of two or more reputed residents

and will make a report about obvious reasons of death. The report should

include the wounds on the dead body, fracture, injury or other such signs.

If a dead person is a woman, it is necessary to keep a woman panch.

(2) The report should be signed by the Police Officer, other individuals

or those agreeing with the content of the report; and should be

immediately forwarded it to District Magistrate or Sub-divisional

Magistrate.

(3) If there is any doubt about cause of death, or if a police officer has a

reasonable cause to have a doubt, then according to rules of the State

Government, if the dead body can be sent to nearest Civil surgeon or

a qualified doctor appointed by State Government, should be sent

for investigation. But if due to bad weather or a long distance, if

 903

there is possibility of dead body being spoiled resulting into fruitless

investigation, no such risk of sending the dead body should be taken.

Section-176 : Death in the Police Custody, Death of a woman within

seven years of her marriage, Death in doubtful circumstances :-

The Prant Officer conducts judicial inquiry under section1-76.

Under section-174, usually the inquest process is done by Police under

intimation to Executive Magistrate. Therefore, all the post-death

statements processing are being sent to Prant Officer for their approval.

These are known as A.D. cases. In such cases, while according sanction,

the Prant Officer should himself inquire as to the circumstances of the

death and whether there are reasonable reasons to create doubt? And

whether any legal offence is being done?. If necessary, he can call the

relatives of the dead person; and should examine them. If the case is found

doubtful, he should direct the Police to inquire in the matter. The district

Magistrate reviews such cases in the monthly meeting of Law and Order.

Under the Amendment Act, 2005, under sections 176, 176(1)(4), if a

person or a woman is in police custody or is in any other custody, besides

police inquiry and inspection, authorized by Magistrate or Court under this

Act, and during that period –

(a) a person dies or not found; or

 904

(b) there is an allegation of rape on a woman;

then, the Judicial Magistrate under whose legal jurisdiction, the

offence has taken place; or the Metropolitan Magistrate, as the case

may be, should inquire.

Under sub-section (1)(a), while making inquiry, the Judicial

Magistrate or Executive Magistrate should send the dead body of the

deceased person for inquiry to the nearest Civil Surgeon or to other

qualified medical officer appointed by Government for investigation

within 24 hours; unless it is not possible for the reasons to be recorded in

writing.

Indian Evidence Act, 1872 Dying Declaration.

The Mamlatdars in the capacity of Executive Magistrate have to take

dying declaration. Under section 32(1) of Indian Evidence Act, 1872, the

definition of dying declaration has been given as below :-

“When the reasons for one‟s death are doubtful, the statements given

by a dying person about –

(1) the reasons for one‟s death; or

(2) the circumstances of act causing death;

 905

are consistent even though, whether a person while giving

statement expected to die or not or whatever may be the form

of act under which the cause for death has become doubtful”.

If a Police Officer informs an Executive Magistrate that some person

has been burned or seems to have taken poison and has physical injuries or

has been hospitalized for some reasons and that it is necessary to take his

dying declaration; in such cases, the Executive Magistrate will note the

time and date of receipt of such information and will immediately will

proceed to the place of incident, will contact the doctor on duty,

ascertaining whether the person is conscious and will record his/her dying

declaration. Any person present at the place is asked to keep away. The

statement in literarily recorded about reason and circumstances of the case

as spoken by the dying person. After recording the declaration, the copy is

sent to police in a sealed envelope and the original one is kept with the

Magistrate and on getting information from the criminal court, it is

presented before the Court. The dying declaration has a evidential value

and therefore, it is most important to be recorded and preserved.

 906

CHAPTER - 46

Bombay Police Act,1951

1. The present Police Act, 1951 is a combination of Bombay District

Police Act, 1890 and City of Bombay Police Act, 1902. After separation

of Gujarat State, the Act with the same name continues to remain in force.

The main objective of Bombay Police Act is to ensure the powers and

\functions of the State Government and Police force for maintenance of

control of police force and maintenance of public order. It is the duty of

the District Magistrate to maintain peace and order in the District. It is,

therefore, necessary to study and implement the Act.

2. The duties and powers of District Magistrate under the Act :-

(1) Provision has been made for supervision, control and formation of

Police under sections 3 to 22(a). Police includes inter-alia, Special Police

Officers, Additional Police officers and Railway Police.

(2) Sectioin-17 :- According to the Bombay Police Act (revised 2007),

total police force of the District including District Superintendent of

Police, are under the control of District Magistrate. But, the District

Magistrate has to act according to the rules and order of the State

Government.
 907

(3) Section-18 – Power of District Magistrate to call reports from

District Superintendent of Police :-

The reports can be asked in following matters :-

(1) Regarding crime,

(2) Regarding Habitual offender;

(3) To prevent disorder‟

(4) To control assemblies;

(5) Regarding control of sports;

(6) Regarding distribution of police force;

(7) Regarding behaviour and character of officers under the control of

D.S.P.

(8) Regarding use of useful equipments;

(9) Regarding strengthening of one‟s control;

(10) Regarding all matters related to Bandobast.

(4) Section-19 : Power of District Magistrate to keep supervision :-

Before acting under section 19 to transfer officers upto the rank of

Police Inspectors for their inefficiency or disqualification, it is necessary to

consider the sections 32-D,E,F,H,I of the Bombay Police Act (Amendment

2007) Act. Considering these, the District Magistrate has only to report.
 908

(5) Special Police Powers (Section-21) :-

(1) The Commissioner, District Superintendent of Police or any office

whosoever has been empowered for the purpose, has when any reason to

doubt that within the premises of his area, there is a possibility of riot or

some serious incident, and when he is of the opinion that the general police

force is not adequate to provide protection to people and safety to their

property, will issue a written order signed and sealed by himself, will

appoint able bodied persons between the age of 18 to 25 years as Police

Officers.

(2) All such Police Officers so appointed, on their appointment –

(a) will get the certificate in the formal approval by Government;

(b) will get all powers and benefits as general police officers as

well as same duties and responsibilities, and they will be under same

authorities.

(6) In chapter-4 of Bombay Police Act, the rules for police have been

made:-

The District Magistrates have been empowered to regulate the passerbys in

public places as well as to make rules and issue orders to maintain order.

The notifications under section33 issued from time to time is subject to

several sub-sections, regarding maintenance of public peace. This section

 909

is the biggest/largest in the entire Police Act. There are 8 sub-divisions. In

sub-division No.1, there are 28 sections. The chapter contains 14 sections

(sections 33 to 46). The chapter-4 briefly contains following :-

Section-33 – Powers to make rules for regulating passerbys in public

places and maintain order.

33(1) (a) To make rules to ensure the reasonable rate of labour to the

labourers in public places, tourist places and places of pilgrims, outside the

stations etc.

(b) rules for traffic in public streets,

(c) Regarding parking of vehicles, animals etc. in public streets,

(d) to keep lamps/lights on vehicles,

(d)(a) regulation of advertisement in public places;

(b) regulation/control on advertisement or giving licence to it

mentioned in d(a);

(e) not to take animals at certain roads;

(f) regarding taking elephant or wild animal on roads;

(g) regarding carrying of teak wood, steel bars etc.;

(h) regarding taking of blasting substances;

(i) regarding prohibition to take dead bodies, persons with

contagious diseases, animals, etc. on certain roads and during

certain hours;
 910

(j) regarding prohibition to carry night soil or other articles with

bad smell;

(k) regarding slaughter of animals or cleaning of dead bodies,

skin etc.;

(l) regarding precaution for spreading of contagious diseases;

(m) regarding source of or place for water;

(n) regarding prohibition for noise on road or near it;

(o) regarding control on conduct and act of people in processions,

assembly on roads;

(p) regarding not putting obstacles on roads;

(q) regarding putting of obstacle at the places of construction or

not to keep animals;

(r) regarding putting lights on roads and at public places;

(s) to keep the in firm properties closed;

(t) precautions at the time of construction of buildings, their

repairing or their demolition;

(u) rules for keeping fire or other dangerous articles at some

distance on roads or in buildings;

(v) regarding use of crematorium, Dharamshala, gates of the

village etc.;

(w) controls on public places of food;

(x) restrictions on fairs, shows, dramas, festivals etc.;

 911

(y) regarding conduct of artists and viewers in such programmes,

regarding sale of tickets and pass;

(z) deciding of procedure for obtaining licence.

Section-37 – Power to restrict certain acts to prevent disturbance.

In any city, village, place or nearby –

(a) No arms, equipments or material (which cause violence) be

taken;

(b) No substance of blast be taken,

(c) No stones, weapons or throwing material be stored or taken;

(d) No dead body, figure or statue be shown;

(e) Not to shout, sing or play/tune the instruments;

(f) Not to act in a way which may violate decency or morality.

Secton-39 – To order to prevent riots (disposal of compensation cases) :-

In order to prevent riot or breach of public peace or to curb such

happenings, the Commissioner or District Superintendent of Police can

close any building or any place for some period of time, in their

jurisdiction, and shall order the movement of some persons, while doing

so, in case of dispute regarding compensation for loss to the legal holder of

such building or place which was ordered to be closed; if the district

Magistrate has to pay the amount of compensation, how much to pay and
 912

whom to pay will be decided by District Magistrate and the decision will

be final.

Section-443 :- The District Magistrate can take special measures to

prevent epidemic in fairs.

Section-46 :- District Superintendent of Police and District Magistrate to

use the powers described in chapter-4, under the control of District

Magistrate/Commissioner and State Government respectively.

Section-51 :- How to charge the compensation for loss by illegal

assemblies.

Section-54 :- District Magistrate to function under orders of the State

Government.

Section-55 :- To disperse the crowd or assembly.

Section-56 :- To deport the people who are in preparation to commit

crime.

Section-57 :- The Magistrate or the Sub-divisional Magistrate or the

District Superintendent empowered by the State Government can make

proceedings to deport persons found guilty of following offences –

(1) Persons found guilty of offences against Government coins,

tickets, property and against body of a person;

 913

(2) Immoral traffickers such as found guilty of prostitution or

flesh trading;

(3) Persons who have been found guilty under prohibition Act

twice in three years;

(4) Persons found guilty of gambling thrice in three years.

Section-58:- Duration of implementation of orders under Sections 55, 56

& 57 :-

The order for prohibition of entry into any Special area or any

district or districts or any part that of will be in force for the period as

mentioned in the order. But, such order should not be for more than two

years.

Section-59 :- Before serving the orders under sections 55, 56 or 57,

hearing of explanation to whom the orders are to be served :-

The period of orders under sections 55, 56 and 57 will not be more

than two years. Before issuing such orders, the other party should be

explained about allegations against them and opportunity should be

provided to make their explanation. But if the opposite party, by

deploying some procedure, intends to delay the service of order, such

reasons should be recorded and their application should b e filed; and

matter should be further proceeded. While making such application, the

 914

party can remain present through their advocate. Such person should give

security to remain present again.

Thus, the provisions under sections 55 to59 are known usually as

provisions for deportation. The appeals are usually filed against such

orders at various levels. The High Court have given several rulings on

such matters. Therefore, while making such orders, it is essential to study

the legal provisions, government instructions and High Court rulings.

Besides, the Home Department has circulated some instructions vide their

Circulars dated 21-7-71, 10-3-80 and 28-11-91, including High Court

rulings. These should be considered.

Section-131 – Punishment for defying the rules etc. of Section-33 :-

The Police Superintendent, District Magistrate and Police

Commissioner are empowered to make rules in this regard. The rules can

be framed under this section for maintenance of law and order and safety.

But for this, the pre-permission from State Government is necessary. Such

rules are considered permanent and remain in force till amended. Thus,

those who defy the orders of secton-33 will be punished vide provision

under section-131.

(7) Identification Parade :-

The procedure for Identification Parade is concerned with procedure

of Department other than revenue Department. This procedure is under

 915

Home Department. Police Department registers complaints against

accused on the basis of complaints from complainant under IPC, B.P. Act

and other Acts. Often the accused are arrested on the basis of doubt.

When it is found necessary, the Police Sub Inspector requests the

Executive Magistrate to arrange Identification Parade to identify the

accused. The Executive Magistrate, considering the content of the report

of Police Sub Inspector and other record of the complaint and on the merit

of the case decides, and informs about date and place of the Parade in as

short period as possible. The Police Department is informed accordingly.

The Identification Parade is organized at stipulated time, date and place; in

the presence of Panch, with close doors and windows of a room. None

other except two Panch are allowed to be present during the entire process.

During Identification Parade, the persons from public, with almost equal

age and look, are called so that complainants and witness do not recognize

the accuse very easily. Then the accused person is called for identification.

In order to ensure that they are not identified very easily, they are asked to

change the clothes, shoes, hair style etc. If an accused wishes to use the

clothes, shoes etc. from any person from the public, he is allowed to use

such shoes, clothes etc. belonging to person from among public. If further

he wants to change anything, he is allowed to change it. He is asked where

he would like to stand in the queue of persons called for the Parade.

Thereafter the witness is called from outside. He is asked to identify the

 916

accused, holding his hand from persons standing in a queue. The witness

accordingly holds the hand of a person, whom he considers to be accused.

When a complainant/witness identifies the accused, he is handed over to

police. The Identification Parade panchnama will be written by the

Executive Magistrate in presence of Panch. The signature of Panch is also

taken and the copy is given to Police Department.

(8) Disposal of unclaimed property.

According to section-82 of Bombay Police Act, the unclaimed

property

is taken custody of by Police Department and then will forward it to the

Officer, holding the powers of Executive Magistrate of concerned area.

If a person dies without a will, his property worth more than Rs.

400/- is disposed of as provided for in section 83(2) and property worth

less than Rs. 400/- is disposed of as provided for in section-84 of the Act.

In cases other than those under section-83 or 84, a notification is

issued according to sectin-85 and then it is disposed of as provided for

under section-86 but when no claim is made, the property can be

auctioned and sold as provided in column-87. the provision is

implemented by Executive Magistrate.

(9) Under section-4 of the Prohibition, Act, 1949, the collector is

empowered. Besides, the Mamlatdars/Executive Magistrates are to

 917

ask under sections 28, 31, 31-A, 32, 33, 34, 38, 40, 45(1), 46(1),

46(A), 48, 52, 54(1), 59(D), 61(2), 61(3), 123 and 93 of the Act.

(10) Under section-22 and 23 of the Arms Act, the arms can be

investigated and taken in attachment.

(11) Under Section-17 of the Prevention of Atrocity Act (S.C./S.T.), the

proceedings are to be done to maintain public order and peace.

(12) PASA, NASA, MISA :- Under section 3(2) of the Maintenance of

Internal Security Act, the District Magistrate has powers to detain a

person by order for security of the State. The procedure is to be

done under these Acts.

 918

CHAPTER 47

Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA)

In order to control the anti-social activities of some individuals and

to maintain public order and public health and welfare in the State, this Act

was enforced in whole of Gujarat State with effect from 27-5-1985. There

are certain anti-social persons who are engaged in such anti-social

activities such as selling of illegal liquor, fake medicines or there are

dangerous people, offenders of immoral trafficking, getting hold of

properties illegally and forcefully etc., who create a feeling of unsafety

among people and they pose a great threat to the society at large.

Section-2 of the Act defines anti-social traders as below :-

(i) Bootleggers – 1.1 running of gambling dens.

1.2 cruel persons

(ii) Dangerous persons,

(iii) Criminals of spurious drugs;

(iv) Immoral Traffic offenders

(v) Property grabbers

(vi) Unauthorised structure builders.

Following explanation is provided in relation to above definitions of anti-

social activities.
 919

1. Bootleggers :- When a person, defying any of the provisions of

Bombay Prohibition Act, 1959 and rules made there under or order and

manufacture liquor, addicting substance, store it, move it, import it, export

it or sell it – these persons or their accomplish are included.

1.1 One who is running a gambling den.

A person who is proved guilty of punishable offence of section-4 of

Bombay Prohibition of Gambling Act and after being proved guilty within

three years‟ period, he himself or his accomplish report their offences or

make efforts to do it or become one‟s accomplish, such people are

included in this.

1.2 Cruel person :-

If a person commits a punishable offence under section-8 of the

Bombay Animal Protection Act, 1954 or report such offences as head or

accomplish are cover under this.

2. Dangerous person :-

If a person commits repeated offences under Chapter-17 and 22 of

India Police Act, 1860 or under chapter-5 of Arms Act, 1959 or try to do it

or become their accomplish are covered under this.

 920

3. Drug offenders :-

One who defies the sections 10, 18, 33(d), 33(e) of Drugs and

Cosmetics Act, 1940 as well as those defying section - 8 of Narcotic Drugs

and Psychotropic Substances Act, 1985 or become their accomplish in

doing so are included in it.

4. Offences of Immoral Trafficking :-

Under Prevention of Immoral Traffic in Women and Girls Act,

1956, if a person makes repeated offences or become their accomplish are

included.

5. Property Grabbers :-

Any person who grabs the property illegally, not that of one‟s own;

but that of government, local bodies or that of some individual or claims

illegal rights, or make a contract or make unauthorized contention, and

thereby acts to grab the land illegally or become accomplish in doing so

are included in this.

6. Unauthorised structure :-

A person, who, without clear written permission within the

jurisdiction of such authorities or officer, makes construction defying the

provision of Bombay Land Revenue Code, 1879 or Gujarat Town Planning

 921

and Urban Development Act, 1976 or Bombay Provincial Municipal

Corporation Act, 1993 or Gujarat Panchayat Act, 1993 is included.

The District Magistrate and Police Commissioners are empowered

to arrest such persons engaged in such anti-social activities as detailed

above under section 3 of the PASA Act.

Section-4 :- provides for serving of orders.

Section-7 :- provides that the officers ordering under the Act, can do it
irrespective of their jurisdiction.

Section-8 :- provides that if after issuing of order, if a person absconds or

hides oneself making it impossible to serve the order; then

under sections 82 to 86 of Criminal Procedure Code,

procedure can be initiated.

Section-14 :- provides that duration of detention will not exceed more than

one year from the date of arrest.

Section-15 :- provides that the order of arrest made by the concerned

office can be cancelled by State Government, assigning the reasons in

writing; or can amend it; but the period of detention can not be

xtended after one year.

Section-16 :- provides that State Government can sanction conditional

parole to the detenue.

 922

Thus, under this Act, the action can be taken to control those

persons who are habituated in doing anti-social activities, doing such

activities or become accomplish in doing it.

7. When a proposal is made to detain a person to control anti-social

and illegal activities; following resolutions and circulars of Home

Department need to be referred :-

(1) According to Government‟ Circular No. V.3/PAS/1085/4851, dated

27-1-1992 provides in brief that –

(i) unnecessary and baseless matters need not be taken into

consideration;

(ii) all the records presented for case must be legible;

a. The place and time should invariably recorded in the

statement of witness for detention;

b. In case of bootleggers, the cases of drinking and

gambling not be taken in consideration.

c. In case of dangerous persons, the offences punishable

under IPC chapters-16 and 17 and Arms Act, chapter-5

should be taken into consideration.

d. Index should be prepared for the record to be supplied

to detenue.
 923

(2) The Government Circular No. V-3/PAS/1085/4852, dated 24-1-

1994 requires that it should be properly ensured that the name under

FIR is only one.

(3) Circular No. V-3/PAS/1095/645, dated 10-4-95 provides that –

(i) while proposing for PASA detention, the crimes of last 3

years should be taken into consideration; but crimes earlier to

this period need not be considered. Besides, the charge which

were not proved in the Court of Law also should not be

mentioned;

(ii) Age of the person should be mentioned in the proposal;

(iii) Attention should be focused on any serious offence in nearer

past, its seriousness and evidences.

(4) The provisions in Government Circular No. V-3/PASA/1398/717,

dated 24-12-1998 require that -

(i) no delay should be done in making of a proposal as also in

examining the witness;

(ii) In cases of dangerous persons, two latest offences and in cases

of bootleggers, one latest offence can be considered if it is of

very serious nature.

(5) According to Government Circular No. V-3/MIS/1003/1331, dated

16-8-2003 -
 924

(i) In the Civil Application No. 1969/03, No. 1964/03 and

1969/03, Hon‟ble High Court has given the ruling on 21-5-2003 canceling

the PASA order because a period of 1½ month was taken for order of

detention after last offence proved. Hence, while making a proposal, the

time limit should be specially taken into consideration and in case of delay,

causes of delay should be mentioned.

 925

CHAPTER 48

Defence of India Act, 1980.

The Act was made to prevent social inequality, social evils, immoral

activities, activities adversely affecting the society as well as to provide

protection, safety and to effectively deal with matters like breach of public

order and effectively implement law and order. Thus, basically it aims to

control anti-social and immoral activities. There are 18 sections, the

details of which are given below :-

Section – 1 :- It is Defence of India Act, 1980 and applies to whole of

India except Jammu and Kashmir.

Section – 2 :- It contains definitions –

(1) “government” – Government of India,

Government of Gujarat,

(2) Detention Order - Order made under Section-3 of the

Act.

(3) Foreigner - As defined in Foreigner Act, 1949.

(4) Person - Any individual including the

foreigner.

Section – 3 :- Powers to detain the persons.

Such powers are given to District Magistrates in District areas and to

Police Commissioner in Police Commissioner area.

 926

Section – 4 :- Detention Order.

Under the provision of the Act, if the authorities are satisfied about

the anti-social and immoral activities of a person, the detention order can

be made.

Section – 5 :- Power to change a place of detention :-

Under this Act, for the detention order made by a competent officer,

the Government has power to change the place of detention.

Section – 6 :- Regarding jurisdiction in making detention order.

There is no bar of jurisdiction in passing the order of detention.

Therefore, the order passed under the Act does not become invalid on the

ground of jurisdiction.

Section – 7 :- Passing of detention order against an absconding accused.

Once satisfied about the anti-social and immoral activities of the

person, the competent officer can pass a detention order even against the

absconding accused.

Section – 8 :- Regarding giving reasons for detention order :-

It is provided under the Act that after passing the detention order,

the person detained should be provided with the reasons for detention as

early as possible but not later than 5 days, to enable the person to make

representation to Government.
 927

Section – 9 :- Advisory Board :-

Under the provisions of the Act, the Advisory Board has power to

decide the case on the ground of merit.

Section – 10 :- Powers of Government :-

Government has power to decide within three weeks from the date

of order whether to approve the order or not.

Section – 11 :- Procedure of the Advisory Board :-

When under the provisions of the Act, government approves the

detention order within three weeks, the advisory board will examine the

papers and will call for the details required from the person. After hearing

him, the advisory board will convey its decision within seven weeks to

government.

Section – 12 :- Decision of the Advisory Board :-

Under this Act, after due process under section-10 and 11 of the Act,

the Advisory Board can confirm the order of detention. After such order,

the person will be detained.

Section-13 :- Duration of Detention :-

Under the Act, after completion of process under sections 10, 11 and

12 and after approval of the detention order by the board, the person can be

detained for a period of 12 months. In appropriate cases, government has

power to lessen this period.

 928

Section – 14 :- Cancellation of Detention order :-

The order of Competent officer can be cancelled by government

under this section.

Section – 15 :- Granting of Parole :-

If the person applies for parole after order of detention by the

competent officer, the government can grant parole in suitable cases.

Section – 16 :- Order made in Good Faith :-

The order of the competent officer, if made in good faith, can be

condoned.

Section – 17 :- Regarding application of State Government orders :-

After passing the detention order by the competent officer, no other

orders corresponding to these orders can be applied.

Section – 18 :- Appeal :-

There is no provision for appeal under this Act.

Thus, it is mainly to be understood that the main aim of the Act is to

control the anti-social and immoral activities.

Acts and Rules of Central Government :-

As the principal officer of the District, the Collector and District

Magistrate have duties to implement or to get implemented the following

important Acts and Rules framed by the Central Government.

929
 930

CIVIL SUPPLIES –

POWER AND FUNCTION

931
 932

Chapter -49

Functions under the Essential Commodities Act, 1955.

1. In the context of various orders under it and the Essential

Commodities Act, 1955 in the State, the Collector has to play

important role regarding Civil Supplies.

Following powers have been conferred to the collector.

Sr. Name of Act/order Power/ Role of the Collector.

No.
1. Essential (1) Power to decide/order under section
Commodities Act, 6-A of E.C.A., 1955 for disposal of
1955 quantity of essential commodities taken
into custody.

(2) Power to order to take action by court

under section 3, 7 of the E.C. Act, 1955.

2. Gujarat Essential (1) Power to instruct non-licensed

Commodities merchants under section-10 of the order
Merchants of 1977.
(Rule)Order, 1977

3. Preventing Black (1) Power to order to take into custody

marketing of the person/ merchant involved in mal
Essential practice District Magistrate under section
Commodities and to 3(2)(A) of Act. of 1980.
maintain its Supply
Act, 1980.

4. Gujarat Essential (1) Under order of 1981, work of disposal

Commodities of appeal under section-11 against order
 933

(Licence, Control of licensing officer regarding demand of

and Declaration of licence of essential commodities covered
stock) Order, 1980. under it.

(2) Work of disposal of appeal under

section-11 against order issued by
licensing officer about malpractices
conducted by the licence holder.

(3) Power to give permit as permit officer

under section 2(16) of order of 1981.

(4) Power to instruct licence holders

under section (24) of order of 1981.

(5) Power to instruct non licence holders

under section (25) of order of 1981.

5. Kerosene (Regarding (1) To fix price of kerosene under section

fixing ceiling price 2(d) of order of 1993.
and control over use)
order, 1993.

6. Neptha (Acquire, (1) Power to give licence as Dist.

Sale, Store and to Magistgrate under section-3 of order of
prevent use in Auto 2000.
order,2000) (2) Power to get last utilization
certificate.

7. Solvent, Refinet and (1) Power to issue licence as Dist.

slope Acquirement, Magistrate under section-3 of order of
Sale, store and to 2000.
prevent its use in (2) Power to get last utilization
Auto) Order, 2000. certificates.
 934

8. Gujarat Essential (1) Work to dispose of appeal under

Commodities (To section-12 against order issued by the
issue licence to Pt. licencing officer.
Dindayal Consumer
Store) Order, 2004.

Collector is the chairman of following committees/councils.

1. District Civil Supply Advisory District Collector –

Committee Resolution No. JNS- Chairman
1079-2742-d dt. 17-10-79.

2. Dist. Consumer Protection Council District Collector –

Resolution No. GTS- 2004-2-CPA- Chairman
10-203-11592-L dt.

3. Committee for levy non-levy sugar District Collector –

Transport letter no. J-TRS-Co-Sugar Chairman
Sanctiondt.17-4-99.

Moreover, the Collector has to (1) Monitor over availability,

distribution of stock of rationing (including kerosene) being distributed

from fair police shops to the card holders and to avail fair price shops in

adequate numbers in the district considering its geopgraphical situation

and population as per Govt. standards. (2)Take punitive actions against

malpractitioners and monitor over sale/distribution and maintain stock

of essential commodities in the district.

Moreover, following aspects should also be implemented :

 935

(1) Pandit Dindayal Consumer store : - It has been named by a

circular dt. 24-4-2002 of Civil Supplies and Consumer affairs

Depart.

(2) Policy and procedure has been decided about – sanction of shop

by Resolution No. VBD-102002-487-K dt. 2-8-2004, which

should be implemented.

(3) Procedure should be conducted taking into consideration the

instructions from time-to-time of the Civil Supplies Department

regarding giving permission of sale of all commodities from fair

price shops and inspection of shops, malpractice, actions, permit,

withdrawal of stock, F.P.S. Model Centre.

Public Distribution System :

Under this system, the central Government has implemented the

Public Distribution System (Control) Order, 2001 by the powers

conferred by section 3 of the Essential Commodities Act, 1955 to assure

availability and distribution of it and to maintain supply of essential

Commodities under P.D.S., in which there is an aim to avail supply to

families of A.P.L., B.P.L. and Antyodaya. By this above order,

arrangements of distribution have been made by them by making a

provision to issue licence to Pandit Din Dayal Consumer Store, ration

card.
 936

As mentioned in this order, Mamlatdar has to conduct procedure

to issue licence to the owners of Pt. Dindayal Consumer store, to

supervise and control and to issue Ration Card.

(1) P.D.S. is a very important task of district administrative

machinery, and it is closely involved with the livelihood of

most of the citizens. This system is run by the supervision

over it and by Pandit Dindayal Consumer Store. These

stores are in every village. Huge amount is spent by the

Central and state government by giving subsidy on edibles

and kerosene. It is distributed by these stores. Moreover,

huge amount is spent to activise this system. Unfortunately,

these consumer stores are well-known about their poor

quality of distribution system and irregularities.

(2) Mamlatdar/ Dist. Supply officer are directly connected with

this system.

(3) The stock to be distributed from these different stores, is

generally decided by the D.S.O. at district level and permit

is issued by the Mamlatdar of concerned taluka. The

managers of these consumer stores get delivery of food

stocks from godowns of Civil Supply Corporation and

kerosene is delivered from the distributors appointed by the

oil company. The inspection of F.P. shops, godowns and

 937

petrol pumps is carried out by divisional magistrate in a

limited manner. Prant officer himself shoild conduct

inspection by his concerned subordinate taluka Mamlatdar

and Dy. Mamlatdar (Supply). The district magistrate allots

powers to prant officer under Essential Commodities Act in

some districts. In some cases, he has to take own decision.

(4) Generally, most of the consumer store Managers are

involved with some irregularities and if it is strictly

inspected, then these irregularities can be removed. So,

strict inspection should be conducted. As a result,

malpractices of food stocks and kerosene will be detected.

Some examples are as follows :

1. Stock of food grains and kerosene is supplied

directly in the open market and petrol pumps instead

of consumer stores by getting it from godown /

distributor.

2. After the supply of food grains and kerosene stock,

to the consumer stores, it is given to ineligible people

or in open market.

3. To lift more stock on the basis of ghost cards.

 938

4. By not stamping about gas connection on ration card

who possess the gas connection.

(5) These irregularities can be effectively removed if frequent

inspection of stores is held and proper guidelines and

instructions are given. To prevent malpractices of stocks

from consumer stores, internal benefits can be given in

adverse circumstances i.e. when it is assured about the

delivery of stocks to F.P. shops by the licence holders of

stores in faraway areas of talukas then the malpractices

would be removed.

1. No any tanker will go directly to the petrol pump.

2. The margin of profit of black market- will be

decreased regarding the net price to bring kerosene

back in urban areas.

3. Only few tankers of kerosene go to petrol pump in

stead of detecting them, there are more opportunities

to detect a number of Karosene arreals which are

going through tractor/carts.

To get above results, Mamlatdar should ask to give details

of kerosene lifting per day to the agents. Instruction should

be given to preserve kerosene stock for 24 hours before its

 939

distribution by the owners of F.P. shops. It can be verified

during the time period the owners of F.P. Shops. It can be

verified during the time period about supply of kerosene at

a particular village.

(6) In case of food grains, to prevent the malpractices of

stocks, it should be instructed to lift the stock within 10 to

12 days and to issue food grain permit within 5 to 7 days in

the beginning of the month. During lifting of food grain, it

should be verified whether this stock has reached to the

village as per lifting from godowns by the Dist. Supply

inspectors and whether it has not gone directly in the open

market. During this period, inspection of godowns and

private shops should be carried out. Thereafter, it should

also be assured whether the stock has reached the village

from stores actually by a careful planning.

(7) Stock register, Issue register, Receipt book should be

completely verified during inspection of stores. However,

many shop owners are too much clever in duplicate paper

work and accounts, so malpradtices can‟t be detected only

by the inspection of registers and verification of physical

stock so, cross checking of ration-cards should be

conducted to detect malpractices and irregularities.

 940

(8) All registers should be taken into custody for cross-

checking of ration cards and thereafter, inspection officer

himself should verify whether the card holder have got the

stock as entered in his card by inspecting F.P. Shops in

villages and cross-checking of sale statement and Ration-

card should also be conducted.

(9) In cases of irregularities, the managers of stores might have

made wrong entries of stocks in sales statement. However,

it is impossible to make entry in ration card for concerned

time except taking into in to his custody all the ration-

cards. So, during this entire process, the manager of store

should not be present with the inspection officer.

2. Prevention of Black-Marketing and Maintenance of supply of

Essential Commodities Act, 1980.

This Act was implemented by the Government from

March, 1980, with a view of preventing black-marketing,

adulteration, accumulation activities by mal-practitioners in the

distribution system and proper maintenance of essential

commodities. Subject to the provisions of this Act, it is

implemented by the officers with powers given to them under this

Act and by the State Government. Edible oil, food grains,

Petroleum products (Kerosene, Crude oil) Cooking gas, Sugar,

 941

Wheat and rice are included in the orders of arrests done under

this Act. Arrest orders are issued under this Act with a view to

prevent with immediate effect the activities of mal-practitioners.

There are in all 17 sections of prevention of Black

marketing of essential commodities and Maintenance of supplies

Act, 1980 and out of this, section 17 has been deleted by the

prevention of black marketing of essential commodities and

Maintenance of its Supplies Ordinance,1979 (X of 1997). But,

any action taken under this ordinance will be considered valid as

per the similar provisions of this Act, except this, provisions in

the remaining sections have been made as follows :-

Section-3 power to issue orders to arrest certain persons:

An order can be issued to arrest by the District Magistrate

under section 3(a) of this Act to such persons, who are doing

business for benefit by making it unsuccessful by directly or

indirectly the provisions of other laws which are under

implementation from time to time or the above Act, to excite any

person or who has committed punishable offence under the Act

which are under implementation at that time regarding control of

trade and commerce or production of essential commodities,

supply or distribution as per schedule-1 of the Essential

Commodities, Gujarat Essential Commodities Marchants Control

 942

Order,1977 as per clause-4 of the Gujarat Essential Commodities

(Licence Control and Stock Declaration) Order,1981 of the

Gujarat Government breaking restrictions imposed on production

of Essential Commodities, Supplyor distribution etc. to the people

or under the Essential Commodities Act, 1955 i.e. doing any act

by the way which adversely affects the supply of maintenance of

essential commodities, and immediately report to the State

Government with other details and papers regarding this order.

The State Government under section 3(3) of the said Act, will

sanction or cancel if found proper within 12 days from the date of

order of Dist. Magistrate the arrest order of Police Commissioner

and Dist. Magistrate.

Section-4. Implementation of Arrest order :

A provision has been made that implementation of arrest

order will be done at any place of India as per provision for

implementation of arrest warrant under criminal procedure code,

1973 (2nd of 1974).

Section-5 Place of Arrest and Power to Control its conditions :

Each such person in whose regard the arrest order is

issued, (a) can be arrested under such other conditions including

conditions about punishment for breach and discipline,

maintenance and at such place as mentioned by special or general

 943

order properly Government. (b) It can be shifted from one place

to another state the arrest order from one state to another state or

in one state by order of proper government.

But, an order can‟t be issued by any state government

under clause (b), except the agreement of other state to shift any

person in other state from one state.

Section- 6 : The arrest orders will not be treated as illegal or

unimplemented due to certain reason.

Person, who is to be arrested, arrest order will not be

unimplemented, even if it is out of the regional jurisdiction of

arrest ordering officer or Government.

Section 7 Powers Regarding absconding persons :

Report can be submitted about facts to the 1 st class judicial

Magistrate or Metropolitan Magistrate having authority of a

person residing at that place, the person absconding and an order

has been issued to arrest person and thus, the warrant will apply to

him issued by the Magistrate an order to arrest him in regard to

his property and to the said person the provisions of section 82,

83, 84, 85 of the criminal procedure code, 1973 and if he does not

obey this order, provision has also been made for an

imprisonment for a period of one year or penalty or both.

 944

Section-8 Regarding to inform grounds for arrest orders to a

person affected by the order :

When an arrest order has been issued for a person, then the

ordering officer (Dist. Magistrate) at the earliest of latest within

five days (in exceptional circumstance within 10 days), the copy

of the order will be given to a person, who is to be arrested by the

Dist. Magistrate by noting in writing for which reasons order has

been issued. But, if the facts are against public interest, a

provision has been made that he can‟t compel to declare the facts.

Section-9 Constitution of Advisory Board.

Under this clause, such Advisory Board will be appointed

by the chairman of the Advisory Committee who will be out of

three persons qualifying to be appointed or has been posted or is

justice of the High Court i.e. “Proper Government”.

Section-10. To write to Advisory Boards :

Except it is resolved clearly otherwise in this Act, in each

case, in which arrest order has been issued, a report would be

submitted by such officer under sub section (3) of that section in

this regard, if it has been issued by an officer as mentioned in sub

section (2) of section 3 of the order and if a representation has

been submitted before the Advisory Board constituted by the

 945

chairman under section 9, within 3 weeks from the date of arrest

of a person under the order, a proper government.

Section – 11 Working Method of Advisory Board.

(1) A person will have to submit his report to “Proper

Government” within seven weeks of arrest, after his hearing, if

he wants to state anything or if it is necessary to do so in any

special case and after asking more information as required by

him from the concerned person or from any person called for

that purpose by the proper government or from proper

government and after considering the mattes partly before the

Advisory Board.

(2) The opinion of the Advisory Board about adequate reason for

arrest of the concerned person, should be mentioned in a

separate part of the report of the Advisory Board.

(3) When there is a difference of opinion among members of the

Advisory Board, the opinion of the majority members would

be treated as the opinion of the Board.

(4) Any person against whom an arrest order has been issued by

any aforesaid of this section, will not be entitled to remain

present through a legal professional in any matter invalid with

the matters submitted to the Advisory Board and, the report

 946

would be treated as secret except the part as mentioned in the

part of report, the opinion of his Advisory Board and the

procedure of the Advisory Board.

Section 12 Regarding taking action on the basis of the report

of the Advisory Board.

(1) The “Proper Government” will continue the arrest of

concerned person upto the tenure as her feels proper and

accept arrest order, in any such case which is reported as

there is sufficient reason for arrest of any person as per the

opinion of the Advisory Board.

(2) Advisory Board as per its opinion, in any case reported as

such that there is no sufficient reason for arrest of the

concerned person, the “Proper Government” will have to

cancel the arrest order and this person should be freed

immediately.

Section 13 Maximum tenure of a person, who is arrested :

As per an arrest order sanction under section 12, the

maximum tenure of arrest will be for six months from the date of

arrest of a person, who can be kept into custody. But, there will

not be any obstacle for a “Proper Government” to make a change

 947

in it or to cancel it earlier the arrest order by any clause of this

section.

Section – 14 To cancel Arrest order :

(1) Any arrest order, except obstacle to the provisions of

section 21 of General Clause Act, 1879 (10th of 1897).

(a) Though an order has been issued by the State

Government officer, that state government or Central

Government.

(b) Though an order has been issued by the State

Government or by an officer of the Central Government

will cancel at any time or can make a change in it.

(2) It will not be objectionable to issue new arrest order under

section 3 against the same person, when it is assured by an officer

that a new arrest order should be issued or to state or Central

Government as per occasion is such case where new facts have

been created after the date of expiry of tenure or to cancel in such

case on completion of tenure or on cancellation of any arrest

order.

Section 15 Temporarily freeing to a person in custody :

(1) The proper Government will cancel at any time to free a

person and can free for a tenure as decided, subject to the

 948

conditions as mentioned in the order accepted by a person

or at unconditionally to any person kept in custody as per

any arrest order or will order at any time.

(2) The proper Government will command to do a bond with or

without bail for proper follow of conditions mentioned in

the order at the time of issuing order to free any person

under sub section (1).

(3) The person will have to remain present before an officer at

the place and time as mentioned in the cancellation order to

free him or ordering to free him as per occasion by any

person freed under sub section (1).

(4) If any person does not remain present by himself except

sufficient reason as mentioned in sub section (3) then he

will be imprisoned for two years or punishment of penalty

or both.

(5) If any person freed under sub-section (1), under sub-section

or obeys any condition imposed upon him in a bond done

by him, then this bond will be declared as forfeited and any

person bound by it will be entitled to pay penalty.

Section 16 protection to the actions taken by pure perception.

 949

As per this Act, no other legal procedure could be done or

any claim could be done against state or Central Government for a

work proposed to do or done by pure perception and no any other

legal procedure or complaint, any claim against any person could

be done.

With a view of effective implementation of this Act,

procedure will have to be done considering legal provisions and

instructions issued from time to time by the Food and Civil

Supplies and consumer Affairs Department.

 950

Chapter -50

MID-DAY MEAL SCHEME

This scheme is under implementation in the entire state since

1984. This scheme has been made compulsory by judgement of Hon.

Supreme court on 28-11-2001 in writ petition No. 196/01. It has been

decided to serve hot cooked meal having minimum 300 calaries and 8 to

12 grams of proteins nutrients daily to every beneficiary in every

primary school. Meal is to be served to the children for minimum 200

days in every, academic year. It has been made compulsory in grant-in-

aid and government aided primary schools. Government of India has

also implemented NPNSPE, 2004 since 2004. It has made compulsory

to implement mid-day meal scheme as its integral part. In continuation

of this petition, Hon. Supreme Court has appointed two commissions.

They make various suggestions at some intervals. Hon. Chief Secretary

often reviews the entire scheme.

Important suggestions made by the appointed Commissioner

before Hon. Supreme Court includes priority to rural women, dalits,

scheduled castes, scheduled tribes and divorcee. Moreover Hon.

Supreme Court has ordered to give priority to dalits, scheduled castes

and scheduled tribes candidates in appointment of sanchalaks/ cooks/

helpers in the writ petition No. 196/01 dated 20-4-04.

 951

Centres of mid-day meal scheme are to be opened from the date

of academic term, so that procedure for appointment of Sanchalak/

Cook/ helper shall be completed before commencement of academic

term. Commissioner of mid day meal gives necessary instructions every

year for this purpose. Power to appoint sanchalaks/ cooks/ helpers have

been assigned to Dy. Collector (Mid day meal scheme). However,

Mamlatdar has to prepare proposal for their appointment in his taluka

and submit to the Dy. Collector (M.D.M.S.) Qualifications have been

prescribed for Sanchalak/ cook/ helper. He has to take care to scrutinise

the qualification etc. and submit proposal.

(A) Following qualifications have been prescribed for appointment as

Sanchalak/ cook/ helper :

(1) Minimum age-limit for all these posts of M.D.M.S. is 18

years and maximum is 55, which may be 58years for

scheduled castes, scheduled tribes and Baxi Commission

candidates.

(2) A person to be appointed as Sanchalak should have studied

upto S.S.C. and should be native of the same village.

However, if such person is not available from the village, a

person who has passed standard 7 may be appointed as

Sanchalak. No educational qualification has been

 952

prescribed for appointment of cook/ helper. If possible the

candidate should be of the same village.

(3) Persons to be appointed as Sanchalak/ cook/ helper should

be healthy, may not be suffering from any disease. If

necessary medical certificate should be obtained.

(4) Priority shall be given to widow, deserted, destitute women

and women from economically weaker sections and living

below poverty line.

(5) If local widow/deserted woman has required qualifications

she may be appointed.

(6) A surety bond of Rs. 5000 shall be obtained in prescribed

form for the person to be appointed as Sanchalak.

(7) Only one person shall be appointed from one family.

However, there is no objection in taking widow or daughter

as cook or daughter. However, there is no objection in

taking widow or daughter as cook or daughter. However,

all the three Sanchalak/ cook/helper may not be appointed

from one family.

(8) Priority shall be given to such woman candidates who have

performed duties as Sanchalak/ cook/ helper previously in

M.D.M.S. centres and no allegations of serious

 953

irregularities have been made against them and possessing

qualifications for the appointment as such.

(9) If the candidates having required qualifications are not

found even after efforts and the centre remains closed for

want of placement, Dy. Collector (M.D.M.S.) may relax

qualifications and give appointment. However, before

giving appointment, Mamlatdar shall have to certify that

candidates of required qualifications are not available.

(10) Appointment shall be made in view of conditions and

qualifications and after getting consent of old Sanchalak

/cook/helper. Then a notification shall be issued and after

recruitment of women, appointment procedure shall be

completed.

(11) The Sanchalak appointed shall not run the centre with his

own money. If he does so, he may be suo motu relievd. A

surety bond in the prescribed form shall be obtained from

every Sanchalak.

B. Disqualifications of Sanchalak/ cook/ helper.

(1) A person who has been elected in Local administration

(Panchayat, Municipality, Municipal Corporation) or has

any post or serving in grant-in-aid institution receiving

 954

grant from state government, local administration, such

employee or husband/ wife/ son/ daughter/ dependent shall

not be appointed.

(2) A person performing duties in State/Central Government or

Public undertaking of State/ Central Government or

Panchayat or anganwadi or on any honorary post, whether

full time of part time or husband/ wife/ daughter/ son or

dependent of such person shall not be appointed.

(3) A person, who has committed criminal act or is connected

with it or has committed default and for which police

complaint has been made or case has been admitted in the

court and has been found guilty for malpractice in enquiry

may not be appointed.

(4) A person running flour mill may not be appointed.

(5) A person trading in vegetables, spices or fuel woods shall

not be appointed.

(6) A person who is getting honorarium shall not be appointed.

(7) A person performing duties in home guards shall not be

appointed.
 955

(8) A person who has been compulsorily retired, dismissed or

terminated from the service of pubic enterprise of State

Government shall not be appointed.

(9) A person running fair price shop shall not be appointed.

(10) A person who is not qualified for any reasons to obtain

appointment as Sanchalak/ cook/ helper shall not be

appointed.

(11) A person who has performed duties previously in M.D.M.

Scheme but have been relieved for serious irregularities

shall not be appointed.

(12) A person who has joined occupation like lawyer shall not

be appointed.

Sanchalaks/ cooks/ helpers shall be appointed on every

centre according to the number of beneficiaries as per

norms laid down by Government resolution, Education

Department No. MBY/1384 -80-K dated 10-6-1985.

Sr. Norm Posts

No.
1. 1 to 250 Children 1 Sanchalak
1 Cook
1 Helper

2. 251 to 500 children 1 Sanchalak

1 Cook
2 Helper
 956

3. 501 to 750 children 1 Sanchalak

2 Cook
2 Helper

More than 751 children 1 Sanchalak

2 Cook
3 Helper

13. The centre shall continue if there are more than 20

beneficiaries. If they are less shall be associated with

nearby Mid day meal scheme centre and they will avail

benefit of M.D.M.Schme.

According to instruction issued vide circular No.

MBY/ AML/ 2002/ 3506/ 3780 dated 16-4-2002 of the

commissioner, Mid-day meals scheme and schools, the

Mamlatdar shall inspect at least 10 M.D.B. Scheme centres

every month.

Following daily quantum has been prescribed per

child for M.D.M. Scheme.

(i) Wheat 50 gms.

(ii) Rice 50 gms.

(iii) Dal 20 gms.

(iv) Oil 10 gms.

(v) Vegetable 0-35 paise

(vi) Other expenditure 0.35 paise.

 957

14. Standards of Mid-day meal work :

Mid day meal administration has been put under collector:

(1) Duties and responsibilities of Deputy Collector, Deputy

District Primary Education Officer, Mamlatdar,

Educational Inspector, Mid-day meal Manager, Cook

and helper have been fixed vide G.R., E.D. No.MBY-

1284-4031- 4049-K.

(2) Collector has been empowered to listen to the

representation of salaried employees of the centre and

also to make proceeding for complaints against officers/

employees of the administration vide circular No.

MBY-AML-Ch-Vashi- 12 to 49-06 dated 9-1-2006 of

Mid day meal Scheme Commissioner.

15. Payment of salaries of Sanchalak etc. of M.D.M.

Scheme and checking of accounts.

According to the circular No. MBY-HSB/99/ 4288/

4584 dated 14-5-1999 of the Commissioner, Mid-day meal

scheme, Gandhinagar, payment of salary to Sanchalak/

cook/ helper of M.D.P. Scheme and advance to run the

centre shall be made by cheque. Taluka Mamlatdar has to

pay salary every month regularly by Cheques as well as

 958

amount of advance taking into consideration the number of

beneficiaries. For this purpose the amount shall be

withdrawn by abstract bill. Accounts shall be obtained from

the Sanchalak of centre every month. The accounts shall be

taken checked and D.C. bills are to be submitted to A.G.

Rajkot through Deputy Collector, M.D.M. Scheme.

959
 960

Other Important ACTS.

961
 962

Chapter -51

Bombay Stamp Act, 1958 and Registration Act, 1908

A. Bombay Stamp Act,1958.

1. Bombay Stamp Act, 1958 provides for recovery of suitable

stamp duty on documents in the state and implementation

of procedure for distribution of stamps. A word „collector‟

has been defined as under in section 2(F) of Bombay Stamp

Act, 1958.

Section 2 (F) “Collector” : Chief Officer in charge of

Revenue administration of the District, which includes

officer who maybe appointed as such by publishing

notification in the gazette by the State Government.

2. According to above definition chief officer in charge of

revenue administration of the district gets power as

„collector‟ under the Bombay Stamp Act also.

The Collector has been assigned wide powers for the

purpose of work of Bombay Stamp Act, 1958. These

powers are subject to Chief Controlling Revenue Authority

under section 53 of the said Act.

3. Collector has been assigned following important powers

under Bombay Stamp Act, 1958.

 963

(1) Sections 18-19 : Recovery of stamp duty/differential

stamp duty on deeds made outside the state.

(2) Chapter 3 (Sections 31 to 32 A) : Adjudication of

stamp duty on documents and decide actual market price of

the property.

(3) Chapter 4 (Section 33 to 46 ) : Powers to detain

documents of insufficient stamp duty and powers to recover

missing stamp duty and penalty :

(4) Chapter 5 (Section 47 to 52-C) : Compensation for

spoiled and taken in use erroneously. The collector may

give compensation for spoiled and taken in use erroneously

irrespective of any amount.

(5) He is also authorised to check other records and to

enter into the said place to scrutinize the deeds made on

missing stamp duty.

(6) Chapter 7 (Section 64) : The Collector has been

assigned powers to accord sanction to do criminal

proceeding in any crime punishable under Bombay Stamp

Act, 1958 and any revoked Act.

(7) Thus, the collector has important function to recover

proper stamp duty on documents in the district and

 964

procedure for distribution of stamps and their

implementation.

4. Indian Stamp Act, 1899 :

The Collector has been empowered to undertake

proceedings as „Collector‟ on duty leviable documents

under section 2(9) (A) of Indian Stamp Act, 1899.

At present duty is leviable on bill of exchange, bill of

lading, debenture, letter of credit, policy of insurance,

promissory note, proxy, receipt and transfer of shares under

Appendix of Indian Stamp Act, 1899. The District

Collector may proceed on these documents under Indian

Stamp Act.

5. Bombay Stamp Act, 1958 (Refund)

(1) Section 47 to 52-A of Bombay Stamp Act provide

for refund of various spoiled non-judicial and court fee

stamp which con not be used. In such cases 10% is

deducted and remaining amount is refunded, provided they

are produced with six months from the date of spoil.

(2) Collectors and Deputy Collectors have been assigned

unlimited powers to refund stamps duty under serial No. 9

of Schedule VII of Financial Devolution of Powers Rules,

 965

1969. Mamlatdar and Mahalkari have been empowered to

refund stamps upto Rs. 100 under serial No. 10 of the said

schedule.

(3) Powers assigned to above Revenue Officer have

been enhanced under GR, Revenue Department No. STP

1086/1563-H-1 dated 23-4-1987 and have been assigned

powers to give refund as under :

1. Collector Unlimited
2. Dy. Collector/Prant Officer Rs. 3000
3. Mamlatdar Rs. 1000

(4) According to circular No. Stamp/Refund/ 319/01/

3097 dated 11-9-2001 of Superintendent of stamps,

Gandhinagar, the State Government recently made

necessary amendment in Bombay Stamp Act, 1958 and

new section 52(c) has been inserted. According to the

provision of this section, the stamps purchased prior to 1-9-

2001 shall be used within six months from the date of

purchase or shall obtain compensation according to the

provision of the Act.

(5) The competent officer should sufficiently scrutinise

the stamps enclosed with the application in works of such

 966

stamp refund. Procedure of stamp refund shall be started

after tallying with stamp venders register.

B. Registration Act, 1908.

(1) Documents:

There are three following purposes to transfer immovable

property under Registration Act, 1908.

(i) Prevention of wrong and deceptive documents;

(ii) Declaration of transfer of immovable property;

(iii) Complete assurance of genuineness of the

documents.

Thus, important work of providing documents with well-

protected rights on immovable properties are done by

Registration Department. The Collector has been declared

as Ex-officio District Registrar under section 6 of

Registration Act, 1908 at district level

(2) Following powers have been assigned to the District

Registrar under Registration Act, 1908

(1) He may accept any document and register which may

be registered by subordinate sub-registrar under section 30.

 967

(2) Powers to condone delay in period prescribed under

section 23 in any document under section 25 and 34.

(3) Powers to deposits wills under sections 42 to 45.

(4) Powers to supervise and control on sub-registrars

under section 68.

(5) Powers to hear the applicant, to examine evidences,

to hear appeals and to issue suitable order regarding refusal

to register documents under section 71, 72, 74, 75 and 76.

(6) May proceed to destroy documents which may not

have been demanded back under section 85.

 968

Chapter -52

Entertainment luxury Tax Act., 1977

Issue Hotel Licence:

Gujarat Ordinance 9/88 has been issued to make ancilliary

amendments in Bombay Police Act, 1951. Accordingly, model draft

rules have been prepared and sent to all District Magistrates for

registration certificates to open/ run hotels/ canteens under letter No.

JMS-1088/ 6901- M dated 2-1-1989 of Home Department. Rules there

under are under implementation since 1-1-1989. An application is to be

submitted to sub-divisional magistrate to open/ run hotel/ canteen in

prescribed form with following enclosures :

(i) Chalan for having paid registration fee;

(ii) No-objection certificate of local administration concerning

public health;

(iii) Registration certificate under shops and establishment Act.

(iv) Lay-out plan(in duplicate)

(v) Evidences of ownership of the place at which the business

is to be started.

(vi) Rent receipt and consent letter of owner if the premises are

on rent.
 969

Applications received with above evidences are submitted to the

concerned Executive Magistrate for verification, which is to be made

within prescribed period. Evidences of above serial No. 1 to 6 are to be

checked on the basis of record and submit them to the sub-divisional

Magistrate with precise opinion regarding opening/running hotel/

canteen.

Sanction for video / Cinema theatre :

1. District Magistrate has powers to issue licences for video/ cinema

theatre under Entertainment Tax Act, 1977, but the concerned

Mamlatar verifies genuineness of the place mentioned in the

application. All records of documentary evidences on request of

video/ cinema theatre are verified and proposal is submitted to the

collector with his detailed remarks. The collector sanctions the

demand of video/ Home Cinema on merits and subject to certain

conditions. Mamlatdar has often to inspect whether owners of

video/ cinema theatre observe the conditions laid down in

sanction order. If any of the conditions are infringed, a proposal is

to be made to the Collector for breach of condition. Surprise

checking are to be made often to see whether entertainment tax is

paid for video/cinema theatre as per accepted alternative.

According to tax structure under Entertainment tax Act, 1977

entry tax is collected on weekly basis. In the inspection of

 970

video/cinema theatre he firstly checks the licence issued by

competent officer for number of seats. If there are more seats than

prescribed ones, reassessment is made under section 9(1) or (2)

for additional tax according to tax-structure fixed by law or 1½

times penalty for reassessment under section 9(3) and court

proceedings under sections 15 and 16 and if he agrees his offence

under section 18, winding procedure for offence is made.

2. According to section 4(2) of the Gujarat cinema Regulation Act,

2004, the district magistrates have been empowered to regulate

display of films by cinematograph and for the places where

cinematograph films are displayed, to regulate areas except these

areas under the commissioner of police. Moreover, they have

been empowered by the said Act to suspend or revoke the licence

and to inflict punishment for it.

3. Cable connection Registration :

Section 6-B has been newly added in Gujarat Entertainment

Tax Act and provided to recover entertainment tax on dish

antenna cable T.V. Rules in this regard have been implemented

since, 1993. The owner providing entertainment through channel

has to apply to Taluka Mamlatdar in form No. 1 in triplicate.

After getting necessary case papers and registration fee, the

Mamlatdar shall issue certificate in form No. 2.

 971

Similarly, no cable operator may start net work without

registration under section 3 of Cable Networks (Regulation) Act,

1955 of Government of India. Local Head Post Master has been

authorised for such registration in section 2(H).

4. Transfer of Registration Certificate :

According to rule 9, 10 of Gujarat Entertainment cable T.V.

Antenna display rules, the Mamlatdar may transfer such

certificate by prior sanction, while such certificate is not

transferable as laid down in condition No. 3 of Registration

certificate in form 3.

5. Provisions to suspend or revoke registration certificate :

According to provisions in section 6-D of Gujarat

Entertainment Tax Act and rule 28(1) made there under, if it is

found dangerous to health and security to the people or if the

owner does not pay tax, the Mamlatdar, after giving proper

opportunity to represent, may suspend or revoke the licence with

immediate effect.

6. Restrictions for violation of Legal provisions :

According to section 16 of cable Networks (Regulation)

Act of Government of India, 2 years imprisonment and/or penalty

of Rs. 100 or both and for the offence thereafter 5 years

 972

imprisonment and penalty upto Rs. 5000 have been provided for

violation of provisions, while according to section 10(2) of the

Gujarat entertainment Act of the tax is not paid in time, he has to

pay interest at 24% per annum.

7. Provisions for seizure of transmission apparatus :

Transmission apparatus may be confiscated for breach of

main provisions of cable Networks (Regulation) Act, while

according to rule 28(2) of Gujarat Entertainment Tax (Cable T.V.

and antenna display Rules) if cable T.V. is found dangerous to the

health and safety of the people or if the owner does not pay tax,

Mamlatdar may suspend the registration certificate forth with, but

he cannot confiscate apparatus. The Collector may discontinue

such programme as are not consistent with section 19 of

programmes advertise code.

Luxury Tax Act, 1977.

The Collector should monitor the work of Mamlatdar and

Prant Officer to see whether assessment is made and tax is

collected under Luxury Tax Act, 1977.

 973

Chapter -53

Powers and Duties under Environmenta Act. - Water Pollution

(Prevention and Control) Act, 1974 : Section 33-A

Gujarat Pollution Control Board has been empowered to give

written notice to any person, officer or authority for implementation of

water pollution (Prevention and Control) Act under section 33-A,

according to which when the officer authorised by the Board issues any

written notice to any person, officer or authority but it is not

implemented, the Board instructs the Collector to seal the industry or

place spreading pollution, which is binding to the collector and his

subordinate officers.

2. Similarly, Board issues order to seal the industries or places

spreading air pollution under section 31-A of Air Pollution

(Prevention and Control) Act, 1981, which are to be observed by

the Collector and his subordinate officers.

3. Section 5 of the Environment (Protection) Act, 1986 provides as

above, according to which the chairman issues order to seal the

industries or places violating Environmental protection Act.

which are to be observed by the collector and his subordinate

officers.
 974

4. Forests and Environment Ministry, Government of India have

provided four steps under section 7 for applications for new

project or expansion of old projects to obtain environmental

sanction vide notification dated 14th September, 2006. It has been

decided to hold public consultation in third step, which has been

divided in to two parts. It has been arranged to hold public

hearing on environment in the first part, according to which

Gujarat Pollution Control Board shall complete public hearing

within 45 days, which includes issue of public notice of 30 days.

The public hearing shall be held under the chairmanship of the

respective District Collection. If he is not in position to remain

present, he may authorised any officer not below the rank of

Additional Collector for public hearing. Proceedings of the public

hearing shall be prepared on the place it self and collector or his

authorised officer shall be required to sign the minutes on the

same day.

5. The Collector shall be responsible to implement disposal of solid

wastes of each municipality under the collector as per solid waste

rules framed under Environmental Protection Act, 1986.They may

give guidance to observe properly.

6. The Collection shall be responsible to see that plastic bags having

less than 20 microns thickness are not used in municipal areas

 975

situated in his district under Recycling management plastic rules,

so that they may give proper guidance.

7. The Collector have been assigned responsibilities to prepare off

site Emergency plan and update it according to rule 14 of

Manufacturing storage and hazards chemical Rules, 1989.

 976

Chapter -54

Implementation of other Government acts.

The Collector and District Magistrates have to observe following

important laws and rules directly or indirectly of State/Central

Government as their duties as chief officer of the District.

I. Arms Act, 1959 and Arms Rules.

(1) District Magistrates have powers to issue licence for self-

defence under section 13 of Arms Act and rule 14 of Arms Rules.

Application is to be made in form 5. He is empowered to renew,

revoke, suspend the licence and to enter the name of licence

holder into it. Dist. Magistrate issues road permit for movement

as well as to bring from other places such arms. The Dist.

Magistrate extends the time-limit of ownership of explosive

appliances if deems fit.

(2) Types of arms kept under licence for self-defence are as

under :

(1) Fat loaded major gun

(2) 12 bore, single major gun

(3) Revolver

(4) Pistol

(5) Non-prohibited rifle

 977

(3) While issuing licence it should be ascertained that –

(1) Police has certified that the applicant is not involved

in any unsocial activities;

(2) Certificate is given by distinguished citizens of the

society.

(3) He holds agricultural lands and there is danger of

damage to agricultural crops by wild animals. He should

enquire surrounding his farm/field to ascertain it.

(4) Mamlatdar has knowledge of local situation. His

opinion may, therefore, be considered important.

If any Magistrate has reason to believe that any person has

possessed arms or explosive materials ultra vires in the

jurisdiction of Dist. Magistrate, he maybe inspected under section

22 and 23 of the Act and arms may also be seized.

II. Abolition of immoral traffic among women Act, 1956

(including amendments of 1986)

Sub-divisional magistrate have been empowered under

section 2-C of the Act. Their detailed information is given in

schedule. He has been assigned other powers under section 15(5),

16, 18, 19 and 20. If any woman or girl is deprived of any

 978

property, she should approach appropriate Magistrate under

section 15(5).

(2) It is revealed from section 16 that the Magistrate may

instruct Police officer to shift the women or girl from the property

where such activities are going on.

(3) When sub-divisional Magistrate receive such information

from the police or others, he should close such brothels and

should get the property of criminals vacated.

(4) Any girl may apply to sub-divisional magistrate for

protection in his jurisdiction under section 19.

(5) Magistrate may close brothels on any place. District

Magistrate reviews whether provisions of the Act are

implemented by sub-divisional magistrates properly and

effectively.

III. The cable Television Network (Regulation) Act, 1995 and the

Cable Television Network (Regulation) (Amendment) Act.

Sub-divisional Magistrate has been empowered as

authorised officer under section 2 of the Act.

(1) When the authorised officer has reason to believe that cable

operator has violated or has been violating provisions of

 979

section 3,5,6 and 8,he should confiscate the apparatus used by

such operators managing the cable network.

(2) If the authorised officer finds that the cable operator displays

some specific programme violating programme code or if such

transmission is encouraging disharmony, enmity, vengeance,

misunderstanding among various religious, castes and groups

and harming public interest, they may be stopped displaying

such transmission or retransmissions.

The District Magistrate often reviews to see whether

powers delegated to sub-Divisional Magistrates are properly

exercised according to provisions of the Act.

IV Laws concerning Labour Welfare :

(1) Gratuity Payment Act, 1972.

The Assistant Commissioners of Labour of this

office have been declared as controlling authority under

Gratuity Payment Act, 1972. They have to work as

controlling authority for the applications of non-receipt of

gratuity payment Act, 1972 at district level. Recovery

certificates are issued to recover amount of gratuity as

arrears of land revenue by controlling authority where

gratuity is not paid. The collector recovers the amountof

 980

gratuity and interest thereon at the rate as order for delayed

payment.

(2) Gujarat unprotected Labour (employment and welfare

regulations) Act, 1979.

If the owners do not pay levy under scheme 1981 under

Gujarat Unprotected Labour (Employment and Welfare

regulations) Act, 1979, Section 14 of the Act provides to

recover the outstanding amount as arrears of land revenue.

(Section 14 of the Act, 1979 provides for recovery after

deciding amount due from employer and labourers.

(3) Child worker Act,1986.

According to Child worker (Prohibition and regulation)

Act, 1986, child worker means such person who has not

completed 14 years. 15 occupations and 57 processes have

been considered hazardous and prohibition has been

ordered to employ children below 14 years in such

occupations. List of hazardous occupations and process is

enclosed.

State Government has declared all class-I andclass-II

officers of the Commissioner of Labour as „Inspectors‟

under Gujarat Child Labour (Prohibition and Regulation)

 981

Act,1986. The „Inspectors‟ may file any criminal complaint

against any person under section 16 of the Act.

(4) Child Labour Rehabilitation –cum-Welfare Fund

Society.

According to judgement given by Hon. Supreme Court in

writ petition No. C/465/1986, the defaulting owner shallbe

required to deposit Rs.20,000 per child labour in Child

Labour Rehabilitation-cum-Welfare fund of the children

are found in hazardous occupations. Child Labour

Rehabilitation-cum-welfare fund society has been

constituted in each district. The collector of the respective

district is chairman of the said society. Asst. Commissioner

of Labour of the respective district performs duty as

secretary of the society.

(5) Formation of Task Force.

In view of judgement given by Hon. Supreme Court in writ

petition No. C-465/83, task force has been formed vide

Govt. resolution, Labour and Employment Dept. No. ECA-

2006/2455/4-M3 dated 19-10-2006 to abolish the evils of

child labour. The State Government has formed taskforce

under the chairmanship of collector to make free the child

labourers from the place of work, take their possession an

 982

restore them. Deputy/ Assistant Commissioner of the

respective district is its Member-Secretary.

Moreover,officers of various departments have been

included therein. Meeting are held every month to

supervise the work under the chairmanship of collector. Its

report is to be submitted to the Principal Secretary, Labour

and Employment Department. Officers of various

departments are entrusted duties as laid down in the

resolution.

(6) National Child Labour Project.

Government of India has selected nine districts of Gujarat

State viz.(1) Ahmedabad (2) Vadodara (3) Surat (4) Rajkot

(5) Bhavnagar (6) Banaskantha (7) Godhra (8) Dahod (9)

Kachchh (Gandhidham) under National Child Labour

Project for restoration and weflare of child labour. Special

schools are run for these child labourers through voluntary

agencies in these districts. As Government of India have

allocated grants, 113 special schools have been started in 8

districts at present.5,714 children have been admitted into

main stream of education from these schools. They are paid

Rs. 100 per child.

 983

(7) Establishment of peaceful and congenial atmosphere in

industrial fields.

Gujarat state is in first row to establish peaceful and

congnial atmosphere in industrial fields in the country.

Collector‟s contribution is very important to see that law,

order and public peace are maintained and in cases of strike

and lockout violent atmosphere is not created.

5. The Bonded Labour (Abolition) Act, 1976.

This is very important law. In rural and urban areas some

persons are forcibly confined and labour is taken from them. They are

mentally and physically tortured and they are not given proper

employment in lieu of labour. When such situation comes to the notice

during inspection by the collectors at district level, such bonded

labourers are freed from such work. A district level committee has been

formed to review the work under the chairmanship of District Magistrate

and Collector at district level, in which work of various agencies to

abolish bonded labour and to restore them is reviewed. A committee is

formed at sub-divisional level for restoration of bonded labour under

section 14 of the Act under the chairmanship of sub divisional

Magistrate.
 984

6. The Poison Act, 1919.

The sub-divisional Magistrate has power to issue search warrant

under section -7 of the Act, when he has reason to believe or suspect

that poisonous substances are manufactured and sold against provisions

of the Act or rule. When any confiscatory poison is kept or concealed,

he has powers to issue search warrant. Work of sub divisional magistrate

is reviewed by the District Magistrate under the Act.

7. Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989.

This Act was made in 1989 to prevent atrocities to

Scheduled Cates and scheduled tribes persons by Social Justice

and Empowerment department of the Central Government. The

State Governments implement the law. The Central Government

made rules there under in 1995. They are also implemented by

State Governments. The District Collector reviews

implementation of the law quarterly, in which performance of

police and other officers regarding scheduled castes and

scheduled tribes persons, enquiries not made by officers below

Dy. S. P., A.S.P., arrest of the culprits at once, charge-sheets to be

presented against the culprits during a period of two years,

immediate medical treatment to suffers by atrocities, financial

assistance, restoration, when the cases of atrocities to scheduled

 985

castes and tribes are presented in the court, proper representation

is made by Pubic Prosecutor on defendant side and timely

proposal for appeal in case the judgement is against government.

If the Public prosecutor has not represented the case well, a

suitable proposal should be submitted to Legal department. All

these issues are reviewed by the collector.

Social Justice and Empowerment Department of State

Government has formed a District Vigilance Committee under the

Chairmanship of District Collector. The Committee meats at

every quarter and reviews the work done every month. Similarly

taluka vigilance committee is formed under the chairmanship of

Mamlatdar, in which implementation of the law is reviewed.

Authority maintaining law and order has to work to

maintain peace and order and to prevent atrocities cases under

criminal procedure code (according to amended proceedings)

under section 17.

8. Explosive Substances Act, 1984.

When it has reason to believe that explosive substances are

being manufactured ultra vires under section -7 and rule 179,

powers to inspect and confiscate have been vested.

 986

9. Petroleum Act, 1934.

Central Government/ State Government officer authorised

under section 80 of the Act finds any person suspected or has

violated laws or found violating or making efforts for it, may

enter into any public place, inspect and may arrest any person

without notice.

10. The Indecent Representation of Women (Prohibition)

Act,1986.

The State Government has empowered class-I Gazetted

officer authorised by State Government under section 5 of the Act

that when he finds violation of provisions of the Act, he has

powers to enter into any property, to inspect it and to seize any

thing thereform.

11. The Press and Registration of Books Act,1867.

Sub-divisional Magistrate has been empowered to accept

affidavit for printing and publicity under section 5 of the Act Sub-

divisional magistrate has powers to revoke such notifications

under section 8 (B).

12. The Bombay Prohibition Act, 1949.

The District Magistrate has powers under section 4 of the

Act, while sub-divisional magistrate has powers under section 93.

 987

They undertake to take surety under section110 of the criminal

procedure code. When gets such information in his jurisdiction or

have violated provisions of the Act or has been punished under

the Act or often violates the provisions or making efforts to

violate or is involved in any such act, the Magistrate takes surety

bond for maximum three years.

These provisions are meant to prevent punishable act.

Appeal against the order of sub-divisional Magistrate may be

made in criminal court only.

District Magistrate reviews the work of sub-divisional

magistrate viz. cases entered during month, cases disposed during

the month, merits of disposal, pending cases, details of cases

pending for more than three months in monthly meeting of law

and order situation.

13. The Gujarat Public Premises (eviction of unauthorised

occupants) Act.

In case of unauthorised possession of public properties,

sub-divisional magistrate has powers to remove the said person

from unauthorised possession.

If a person has unauthorised possession of public properties

or any person has given such property on rent to anybody,

 988

sections 4, 5 and 7 empowers to proceed against such person. If

such person has possession of such public property and does not

pay rent for more than two months, or sub-lets the property

without sanction of State Government or makes such efforts that

devalues the property or use in such a way that property is

damaged or make breach of any condition, action may be taken

against such person.

14. Bombay Rent (Lodging and Boarding) Act,1974.

This Act provides to issue licences by sub-divisional

magistrate for hotels, lodges, dharmshalas, boarding. The sub

divisional magistrates have owners to renew such licences every

year. Proper control, regulation and effective inspection of eating

places are very essential. The essential services provided to the

people should be pure and proper and the owners are responsible

for it. If this is violated the Asst./ Dy. Collector may issue order

against house owners for breach of essential services under

section 23(1) of the Act. Electricity and water are included in

such essential services.

15. Gujarat Visitors of Prisons Rules.

Visitors of prisons committee constituted under the

chairmanship of District Magistrate having jurisdiction of the

district, reviews jail work. In addition to District Magistrate,

 989

Committee of District Superintendent of Police, District and

sessons judge of the respective district, Civil Surgeon,

Superintendent of District Jails visits the jail.

The committee personally enquiries conditions under trial

prisoners and women prisoners. It also enquiries whether any

illegal activity is going on in the Jail.

16.Moreover, powers have been conferred under securisation

Act, Gas Cylinder rules, Telegraphic Act, Electricity Act etc.

 990

Administrative Functions
991
 992

Chapter -55

Record Keeping

1. According to provision made in office procedure (for all offices

except Sachivalaya), letters/ application are received in

Government offices which results in new files of various subjects.

For well-arranged preservation of such records, Government has

decided 6-bundles systems as stated in paragraph 16.

Accordingly, the record should be arranged in following six

bundles :

1. Pending papers to be disposed.

2. Await papers for disposal

3. Periodic statements (MPK-1, MPK-2 etc.)

4. File of standing orders or circulars (S.O. File)

5. Papers to be sent to record room for classification.

6. „D‟ class papers.

2. Government/ Semi-Government letters and applications of the

applicants are disposed subject to existing laws and rules. In these

circumstances, record to be disposed is very crucial. As stated in

office procedure, the record should be filed as closed files.

Arrangement has been made for their classification and

destructions, which should be followed. As stated in this book, a

method viz. A, B, C, D list is in vogue, according towhich, class

 993

wise provisions have been made to preserve specific types of files

for prescribed years. At the end of the years, the files which have

been completed are to be classified as A, B, B-1, C and d in

suitable class as per system stated above. It is essential to observe

these provisions. If this is not done, records will be piled up. In

order to prevent this, the work may be undertaken special

campaign periodically. According to provision made for

classification of files, unnecessary papers are removed, page

numbers are given in the file and a stamp with necessary details

(which class of record, record for which year, when to be

destroyed) is affixed. When pages are added in the file they are

given further serial numbers constantly and on completion of file,

stamp may be affixed and may be classified in suitable class, so

that burden of work may not increase. A list is prepared showing

details of files in various classifications. All the files except „D‟

class should be sent to record room.

3. At the time of giving order to file, note of classification should be

shown on every file. According to classification of file viz., A, B,

B-1, C and D, it should be seen that files are sent to record room

after 30 years, 10 years, 5 years and one years respectively after

the accounts are audited or sanctioned.

 994

Records are classified, but they are preserved in record

room even after expiry of period. Files are increasing every year

in the record room. Their preservation becomes very difficult and

unnecessary records pile up in the record room. It is very essential

that files destroyable are destructed by suitable procedure. Files of

various classes should be arranged in such a way that they are

immediately available. Details of respective class should be kept

on racks.

4. Closed files are to be classified in Government Offices in viewof

their importance, usefulness and necessity for reference for

administrative requirements. In view of administrative and

historic view points and importance, record arrangements have

been made in office procedure (For offices other than Sachivalaya

Departments). It should be implemented accordingly.

5. Papers will be easily available by well-arrangements of papers

according to the office procedure and unnecessary delay taking

place in pending issues of the applicants shall be avoided.

995
 996

Other Important ACTS.

997
 998

Chapter -56

Disposal of cases – elimination of delay.

1. Mamlatdar is responsible as head of office to exercise accuracy

and for constant monitoring regarding applications received from

people and compliance of papers received from higher office or

government. Time-limit for disposal of various problems of the

people has been fixed under citizen‟s charter.

2. Mamlatdar is responsible to see that employees working in the

office implement office procedure. Introductions have been given

to cut delay in cases in chapter 6 of office procedure as under:

(1) List and abstract of fortnightly pending work should be

checked. To see whether works-sheets as per Appendix-3 have

been maintained and review it.

(2) It should be seen whether abstract showing pending cases

from Appendix -20 has been prepared as per form given in

Appendix-17.

3. Disposal of case paper within time-limit :

(1) List and abstract of fortnightly pending cases :

Noting/secretarial clerk on the first date of fortnight i.e.

from 1 to 15 and from 16th to onward of the calendar month in the

form given in Appendix – 3 should review noting made on last

 999

day of a fortnight. Papers received and disposed during fortnight

and pending cases as per Appendix – 20 as well number of other

pending cases should be prepared as per form given in Appendix

– 17. In the office where there are branches, such abstract for all

noting clerks of branches should be collected and details of cases

disposed of and pending cases below and above fortnight should

be given. Abstract of entire branch should be prepared in form

given in Appendix-18. Abstracts received from branches and

where there is no branch system, abstracts received from noting

clerk should be accumulated in a detailed statement for entire

department/ office accumulated fortnightly detailed statement

should be submitted through concerned officer to Head of the

department/ office.

All Heads of offices of the State should submit to the Head

of the department abstract of disposal of cases and remaining

cases by 10th of every month, Head of Department should

accumulate such abstracts from all subordinate offices, add

information of own office and should submit to the secretary of

concerned Secretariat Department by 20th of the month. While

sending consolidated abstract to Sachivalaya Department should

check whether there is accumulation of work in any office and

information on action taken should also be submitted.

 1000

Measurers to dispose cases within prescribed time-limit.

Following instructions should be followed by Heads of

offices to monitor himself so that cases in government offices

may be disposed within prescribed time-limit in Government

offices :

(1) Report on cases disposed and cases pending is prepared

weekly and a statement is prepared for pending cases and

submitted to Head of the office. Similarly, Head of office

should submit the information in the form of Statement to

higher officer. The higher officer should submit to Head of

the department in the form of statement. The Head of the

department should submit such information to the secretary

of the concerned department. The above officers should be

careful to see that their subordinate officers may send such

reports in time.

(2) Head of office should review work and tours of officers

viz. Prant officers, Mamlatdar, Inspector, Circle officer to

whom field works are entrusted from the office fortnightly,

guide them and in view of pending work insist for disposal

of old cases.

(3) When any case is pending for period exceeding two weeks,

the employee concerned should submit list of cases to Head

 1001

of office, who should be conversant with the cases disposed

daily. Every Head of office should make proper

arrangement for this in his office.

(4) Inspecting officers should ascertain at the time of

inspection, whether work is done well for cases shown in

paras (1), (2) and (3) above and should note it in inspection

report.

2. Register of letters from State Government and Head of

the Department.

A separate register should be maintained to enter letter

coming from government or Head of Department and which are

to be replied in time and to monitor such letters. Form of register

is given in Appendix 19. All the letters received from State

Government and Head of department should be entered into this

register. Head of office should check the register every week and

sign in it, so that the papers coming from government are not

delayed.

3. Check Register :

(1) The departments like Revenue, Panchayats, Police, where

work is going on Tumar system, should enter such letters which

are sent for asking report in this register. From of this register is
 1002

given in Appendix-20. Such register should be maintained branch

wise where there is branch system and where it is not, it should be

maintained employeewise separately. When any paper/case is sent

to other department or employee for report, such case/paper

should be entered into this register and when reply is received or

case is returned, the entry should be cancelled by drawing line

across the entry. The employee who has cancelled the entry

should initial with date. The respective officer should often

examine the register.

At the time of monthly meeting, outstanding cases should b

earmarked and the Head of the office should given suitable

instruction to the employee concerned.

(2) Secretariat departments and offices of the Head of

Department should scrutinise and review the outstanding cases

which have been decided but remained pending in branches and

final orders are yet to be issued should be prioritised and final

orders should be issued and intensive efforts should be made for

their disposal at the end of quarter. Care should be taken to see

that no case may remain pending for more than six months.

4. Causes of delay in Government work and remedies to

remove them :

(A) Causes of Delay :

 1003

(1) The clerk may not have been given sufficient guidance and

training;

(2) Books of rules and Acts and file of orders in the regard are

not on hand for disposal of the case;

(3) Distribution of work among clerks is not proper ;

(4) Reports of incomplete details are asked from subordinate

offices instead of report on specific point ;

(5) The details which are to sought from applicants are asked

from subordinate offices;

(6) Eventhough the information is available in the office itself,

it is asked from subordinate offices;

(7) Information received from subordinate office is not

complete, not as asked for;

(8) Different facts are written instead of the information asked

for.

(9) There is drawback in office procedure;

(10) Case is not studied properly and case is disposed

offnegligently;

(11) Employee has no knowledge or willingness;

(12) Record is not well arranged.

 1004

(B) Remedies to avoid delay :

(1) When information is to be sought from subordinate or other

offices, the papers should be sent to other offices;

(2) If by making some more efforts the information is available

from our office, such efforts should be made and papers should

not be sent to other offices;

(3) If information or opinion from subordinate office is

required, it should be clearly written as to which information is

necessary and on what point the opinion is required.

(4) If any information or opinion is sought from us, the

information and opinion should be given accurately. If

supplementary information is necessary, it should invariably be

provided, so that no new issue may be raised.

(5) Writing of correspondence should be clear and to the point

so that may not be misunderstood.

(6) Record of the employee and office should be arranged

systematically in bundles;

(7) In the files of standing orders, it should be ensured that last

orders are in the file and index thereof is complete, so that there

may not be any delay in finding any order or suggestion from the

file;
 1005

(8) Law books should be kept prepared with addition and

alterations, so that no wrong decision may be taken;

(9) Distribution of work among employees should be made

equal in proportion and the Head of the branch should inspect the

work from time to time and make arrangement for disposal of

remaining work;

(10) The employee should not keep pending the complicated

cases but should present to the Head of the branch and get his

guidance. The Heads of branch and office should encourage the

clerk so that he may be inspired to do so;

(11) The cases which are pending for want of information from

other offices, regular reminders should be sent to them;

(12) The papers which are pending with other offices since long,

office wise lists should be prepared and demi-official letters

should be sent through Head of office and request him to dispose

them at the earliest. This may be repeated at the interval of every

week or fortnight.

(13) For papers pending since long, the question may be posed

in coordination meeting held under the chairmanship of collector

quarterly.
 1006

(14) Head of office should convene monthly meeting of

employees. At the time difficulties regarding their work should be

discussed and proper steps should be taken to prevent them ;

(15) Head of branch or office should inspect the record timely

and if old papers are lying with employee, guidance should be

given to him.

(16) The employees should not delay work willingly under any

circumstances and officers should be vigilant to see that the

employees may not adopt unwilling approach.

Counting of Cases.

Counting of cases and their time-bound disposal is

undertaken every year since 1967 as per instructions of

government from time to time.

According to instructions issued vide G.S.; G.A.D. No.

VKS/ 2668/ 19 to 22/ ARTD (2) dated 1-8-1986, cases were

counted in district revenue offices and offices of District/ Taluka

Panchayats on 31st Decmber every year and in form of Appendix-

A for disposal of cases were sent every year. However, as

discussed in the fourth council of collectors counting of cases

should be made twice in a year instead of every year.

 1007

It is necessary that pending papers may not be piled up and

old papers may not be pending. At certain time on account of

unforeseen work, current work is held up. Government holds

special campaigns at some intervals for speedy disposal of

outstanding cases.

Mamlatdars should scrutinise the cases pending since long

and give necessary guidance to dispose such pending cases

Mamlatdar has invariably to show details of cases in his monthly

diary also. Collector should elaborately review work of Mamlatar,

circle officer, talatis-cum-mantri regarding disposal of cases

during his tour to taluka/village and give necessary instructions.

Clarification regarding counting of cases.

1. Pending cases and pending papers should be counted

separately. The papers received in the office and on which

no action has been taken are said pending papers (work

sheet arrears).

2. The papers on which procedure has been made but their

final disposal may be made if replies from other offices are

received are said pending cases (await cases).

Counting of pending cases should be made

separately typewise :
 1008

(A) Applications from people

(B) Matters regarding employees.

(C) Semi-judicial matters

(D) Others, not included in (A) and (B) above.

You are requested to see that rubber stamp giving

following information is affixed on the front page of cases

taken for counting :

Office :

Date of counting :

Serial number in counting register :

Case happened on Date :

Age of case on the date of counting :

Cases taken up for counting should be divided into

following three parts. Two square pieces of two inches of

following colours should be affixed on front page near

rubber stamp.

(i) Above two years : Red

(ii) Between 1 years and : Blue

two years

(iii) Between six months and : Green

One year.

Pending cases counted and monthly abstract of pending

papers should be regularly drawn and Prant officers/ Mamlatdar

should sign it.

 1009

In view of age of pending cases, await cases, time-limit

should be fixed for their final disposal and plan accordingly. After

counting of pending cases undisposed and pending case papers,

preliminary information on certificate-cum-counting in types 1 to

9 of statement-1 is to be sent in prescribed form by prescribed

dates. It should be so arranged that it may reach to the collector

office by prescribed date of next month. Mamlatdar should ensure

that counting of cases is done in true sense.

Note :

Instructions have been issued vide G.C., G.A.D. No. PKN-

1088-1874-ARTD (2)-4 dated 22-6-2004 regarding submission of

abstract of works-sheets in Sachivalaya and in other Government

offices to maintain abstract of worksheets and information of

cases, which should be observed by every Mamlatdar.

Information should be prepared and submited in forms decided by

the circular :

1. Appendix-I, Pat 1, Works-sheet – work-sheet arrears

(monthly)

Appendix- I, Part 1 Details of pending cases (Await cases)

(Fortnightly)

2. Appendix II – Form of case (tumar) register.

3. Appendix III – Part-I Pending work-sheet arrears.

Appendix III- Part-2 Pending cases (Await cases)

 1010

Statements 1 to 35 prescribed by Revenue Inspection

Commissioner (R.I.C.) for review of Revenue Work.

Revenue Inspection Commissioner has prescribed total 35

statements for points 1 to 35 for monthly review of revenue work of

District Collectors vide circular No. MTK-MKM- Vashi-2416- 2006

dated 6-11-2006. Accordingly, monthly work of collectors is reviewed.

Statement No. 3 among these shows details of disposal of cases while

statement No. 4 shows await cases for want of information. In order to

include pending cases and await cases of Revenue offices in the

statements received from Dist. Collectors, calculation should be made

accurately. On receipt of information from subordinate offices,

coordinated information of district should be verified and submitted to

Revenue Inspection Commissioner.

 1011

Chapter -57

Citizen‟s charter and Jan Seva Kendra

1. Complaint Book :

Complaint/ Application register is to be maintained upto date

in prescribed form as per instructions issued under resolutions dated

30-8-1977 and 28-10-1977 and circular dated 22-1-1985 by General

Administration Department to record (1) Complaints / applications

received from complaint book and (2) presented in person against

public administration on citizen charter Acknowledgements are to be

issued to the concerned complainant/ applicant for having received

complaint/ application. Such complaints are to be duly disposed

within prescribed time-limit.

According to the instructions issued by Revenue Department

under circular No. PRC-1093.UO/661 dated 4-5-94, a complaint box

is to be placed near the chamber of Head of office at conspicuous

place. The complaint box should be opened on every fifteen days

and complaint box rojkam register is to be duly maintained

regarding complaints/ applications received from it. If there are no

complaint in complaint box, zero is to be entered into rojkam

register.

2. Citizens Charter : Janseva Kendra (Public Service Centers) : E-Seva

Society.
 1012

Register of Applications on citizens charter is to be

maintained in computerised form. Details of applications received

during the month for Citizen Charter, how many have been

disposed, how many within time-limit and how many outside time-

limit, how many have been disposed positively and how many

negatively and how many remained at the end of the month are to be

submitted to Prant officer and Collector by 5th of every month.

Citizen Facility Centre is operative in every taluka to give priority to

Citizen Charter under E-governance system.

We should deal politely with every applicant. The staff should

sufficiently respect the applicant. If the staff disrespect them, it

should be taken seriously. The Government has provided as under in

this regard.

(1) The State Government has implemented Citizen Charter

Programme in the State Vide G.R. G.A.D. No. VHS-

1098/1571-ARTD-2 dated 8-10-1998 with a view to dispose

the complaints/applications of citizens within time-limit and

to make administrative machinery more effective.

(2) Guide lines have been imparted to create Jan Seva Kendra

(Public Service Centres) under citizen charter vide G.R.,

G..D. No. NAP-102004-838-ARTB-1.

 1013

(3) Instructions have been issued to form E-Seva Society vide

G.R., GAD.No.NAP-10204/8380 ARTD-1 dated 19-10-2006,

in which collector shall be chairman. Then it has been

informed to finalize agreement and Memorandum of

association to form „District E-Seva Society‟ vide circular

dated 4-3-2008. The collector has to take action thereon :

(A) Agreement for out-sourcing.

(B) Memorandum of Association

(C) Rules of District-E-Seva Socsiety

(D) Funds of Society

(E) Accounts and Audit.

Thus, the Collector has to perform duties as chairman

of this important institute.

2. Items covered at Jan Seva Kendra.

Janseva kendras have been started in every taluka. Services

are provided for various types of demands to citizens from these Jan Seva

Kendras. In order to provide citizen facilities quickly from Jan Seva

Kendras, the Collector, Ahmedabad, after taking in view the resolutions of

various departments, the citizens were provided application

forms/certificate forms and with reference to such applications, they were

provided with forms and work was started to process the applications,
 1014

which are under implementation at present. About 75 forms have been

made available for facilities of citizens in Ahmedabad District. Then

Gandhinagar Jan Seva Kendras added some forms and provided 86 forms

for facilities of citizens. Mostly all types of items are included therein

following facilities are provided from these „Jan Seva Kendras‟:

Sr. Details Govt. Resolutions and

Time-
No. Circular number limit
for
disposal
(Days)
1 2 3 4
1. Release Lands for village G.R., R.D. No. JMN- 60
site 3980-5326-G dated 15-2-
80.

2. Demand of Land for When Govt. requires land 40

Government Departments/ for any state government
Offices. department/ office under
administrative order 3 of
Land Revenue Rules.

3. Registered G.R., R.D. No.JMN- 120

institution/Cooperative 392003-454-of dated 6-6-
Society/ Trusts to obtain 2003.
govt. fallow lands for non-
agricultural purposes.

4. Demand of co-operative G.R., R.D. No.JMN- 90

society for Govt. fallow 398803290(1) dated 15-
lands for agricultural 2-1989.
purpose.

5. Demand of land for social G.R., R.D. No. JMN- 65

afforestation. 3986-2745-G dated 30-4-
1987 (Within limit of 4
hectares)

6. Demand of Land for rearing G.R. R.D. No. JMN- 90

of „Zinga‟/ Fisheries 3993-3031-J dated 22-
 1015

12-1994 and 29-7-1998

7. Demand of Government G.R., R.D. No. JMN- 120

fallow lands individually for 3988-3280(1) dated 15-2-
agricultural purposes/ by 1989.
land office.

8. Demand of Govt. fallow G.R., R.D. No.JMN- 120

lands individually for non- 392003-454-A dated 6-6-
agricultural purposes 2003

9. Demand of Govt. fallow G.R., R.D., No. JMN- 120

lands individually for non- 392003-454-A dated 6-6-
agricultural purposes (for 2003.
physically challenged
applicants only)

10. Demand of Govt. fallow G.R., R.D., No. JMN- 120

lands individually for non- 392003-454-A dated 6-6-
agricultural purposes (For 2003.
employees only)

11. Demand of Govt. fallow G.R., R.D., No. JMN- 120

lands individually for non- 392003-454-A dated 6-6-
agricultural purposes. (For 2003.
Ex-serviceman only)

12. To give property on As per provision of 120

sale/lease out of roads/C.S. section 65(2) of Gujarat
Number (For Municipality/ Municipality Act, 1963
own Panchayat area only) and following circular
Nos. of urban
Development and Urban
Housing Department:

(1) NPL-4586-4049-M
dated 19-5-1988.
(2) NPL-4586/4458-M
dated 19-5-1988

(3) NPL 1489/840-M

dated 25-10-1990.
(4) NPL 4594/2369-M
dated 20-9-1994.
 1016

(5) NPL 1096/2163-M

dated 18-11-1996.
(6) NPL 4598/5935-M
dated 12-1-1999.

13. Release of lands for Section 38 of Bombay 90

crematorium/cemetry Land Revenue
Code,1879, rule 73(1) of
Gujarat Land Revenue
rules,1972 and circular
No. JMN-3988/111672-
G dated 23-2-1969.

14. To obtain land on lease for Govt. as provide to give 120

salt industries. lands on 10 years lease
for salt Industries vide
resolution No.MDJ-
1597/1372/K dated 10-
10-2000.

15. Confirm village site and G.R., R.D. No.1008/ 120

outskirt site yard. 3148-K dated 25-4-1980.

16. Demands to sanction cutting As per provision of 25

of trees under Panchayts. Saurashtra trees-felling
Act, 1951

17. To give sanction to cut green As per provision of 15

trees in agricultural lands (In Saurashtra trees- felling
private ownership land) Act,1951

18. Provision to obtain Section 65 of Land 90

permission for non- Revenue Code
agricultural use of lands
(under section 65 of Land
Revenue Code)

19. Removal of restrictions on G.R.,R.D. No. NSJ- 60

restricted tenures under non- 1081/3152-J dated 11-3-
agricultural use of land 1996.
(under section 65 of Land
Revenue Code (on 60 times
 1017

norm)

20. Removal of restrictions of G.R., R.D.No.NSJ- 60

new term for agricultural 1081/3152-J dated 11-3-
purposes (on norm of 60 1996
times)

21. Sanction under section 63 of Section 63 of Tenancy 90

Tenancy Act. Act and rule 36

22. Sanction under section 63- Section 63AA of 90

AA of Tenancy Act. Tenancy Act.

23. Sanction to transfer lands for G.R., R.D. No.NSJ- 90

agricultural purposes under 1088/2023-Jh dated 13-7-
section 43 of Tenancy Act. 1989

24. Exemption from restrictions G.R.,R.D.No.NSJ- 90

of non-agricultural purpose 1088.2023-JH dated 13-
of new terms land under 7-1984 and 17-0-1984
section 43 of Tenancy Act.

25. Sanction of block division Section 31(1)(B) of 45

under consolidation scheme. Bombay Fragmentation
of Holdings and
consolidation of Lands
Act.

26. Sanction for certified Section 65(B) of Land 90

industrial purposes under Revenue code and G.C,
section 65(B) of Land R.D.No. BKP-
Revenue Code. 1096/1572-K dated 1-2-
1997.

27. Consolidation of agricultural Rule 11(3) of Land 15

lands Revenue Code, 1972

28. To obtain certificate for Land Revenue Rules, 15

being farmer-Land holder 1972

29. To obtain certificate for Land Revenue Rules, 15

being farmer land holder 1972

30. To obtain stamp-vender Govt. R.D. No. 60

licence dtd. 11-3-94 and Gujarat
Stamp supply and sales
 1018

Rules, 1987.

31. Renewal of stamp vender Govt. R.D. No. 15

licence dtd. 11-3-94 and Gujarat
Stamp supply and sales
Rules, 1987.

32. Payment of assistance for (1)G.R., R.D.No.CLS- 07

death assistance in natural 2486-1290-C-4 dated 31-
calamities (urban areas) 12-86 and 26-10-1989.

(2) G.C, R.D.no.CLS-

1191/138-C-4 dated 18-
3-1991.

33. To obtain small savings G.R. Finance Dept. 15

agency viz. NSC/KVP/ No.SS-1060/H dated 24-
monthly income scheme. 9-1960.

34. To obtain agency for Mahila G,R., F.D. No.NBY- 15

Predhan Kshetriya Savings 102202-M.R.6-B dated
Scheme (recurring deposit) 13-3-2003.

35. Obtain Solvency Certificate G.C.,R.D. No.SLC-3977- 10

A dated 27-7-1977.

36. Obtain Income Certificate G.R, L.S.W. and T.D.D 01

No. BCR-1080/diary-
321-Z dated 5-3-1980.

37. To issue O.B.C./Creamy (1) G.R., S.W.D. 01

layer certificate No.SSY-11940Kh-190-C
dated 1-11-1995.

(2)G.R., S.W.D. No.

SSY-1194-Kh-909-C
dated 6-2-1996 and
instructions from time to
time.

38. To obtain certificate for No.SKA/Sh-eduation/ 01

religious and linguistic Scholarship/8192-882-A
minority. dated
 1019

39. To obtain certificate for According to resolution 01

socially and educationally of Labour and Social
backward classes. Welfare and Tribal
Development Department
dated 1-4-1978.

40. To obtain certificate of (1) Constitution of India 01

Scheduled Castes/Scheduled (Scheduled castes) order,
tribes 1950.

41. To obtain residence No. VHT/LP/ 71/Act- 01

certificate (only for 47073 dated 7-10-1971
registration with from Directorate of Man
Employment Exchanges) Power, Employment and
Training.

42. To issue domicile certificate. As per Govt. resolutions 01

dated 11-6-94, 12-6-64
and 22-4-64 of General
Administration
Department

43. Disposal of applications for As per provisions of 15

copies. Gujarat Land Revenue
Rules, 1972.

44. Scheme of financial G.R., Social Welfare and 60

assistance for maintenance Trible Development
of destitute old and destitute Dept.No.BMA-1078-M
physically challanged 5882-Chh dated 25-9-
persons. 1978.

45. National Family Assistance As per provisions of 60

Scheme (For Municipal G.R., S.W.D. No. VNP-
areas) 1095-I-77 Chh-1 dated
25-9-1995 and Govt. of
India, Rural and
Employment
Development Dept. dated
31-7-1998.

46. To sanction assistance for Govt. of India has 60

solatium Fund (Hit and run) formulated solatium
Fund vide notification
 1020

No. SCO-440-E dated

12-5-1989 for
compensation of hit and
run after accident under
the provisions of section
163(5) of vehicles Act,
1988.

47. Issue of Inheritance As per provisions of rule 20

certificate. 28 of BCSR (Volume1)
and G.R. F.D., No. NTU-
1199-934-1-P dated 31-
1-2000.

48. Obtain certificate of being G.R., Women and 07

widow and income Children Development
certificate. Dept. No. NUD-112002-
1626-A dated 30-7-2003

49. Renewal of licence for self Section 15 of Arms Act, 15

defence. 1959 Rule 54 of Arms
rules, 1962 Condition
No.14 of Arms Licence
(Form No.3)

50. To obtain booking licence/ (1) Section 33(1) of 35

performance licence for Bombay Police Act, 1951
public entertainment
programme. (2) Rule 12 of Licensing
rules for entertainment
Programme public
entertainment places
situated in Gandhinagar
District (Rural)

51. To obtain „No objection Rule 144 of Petroleum 90

certificate for petroleum Rules,2002
storage‟.

52. To obtain Arms licence for Section 3,14 and 14 of 75

self-defnece Arms Act, 1959

53. To obtain duplicate licence Rule 58, of Arms 15

for self-defence. Rules,1962
 1021

54. Licence to manufacture fire - 60

works.

55. To obtain permanent licence Section 6-B of Explosive 60

for sale of fire works. Act, 1884.

56. To obtain temporary licence (1) Section6-B of 21

for saleof fire works. Explosive Act, 1884.

(2) Rules 154, 156 of

Explosive Rules, 1983.

57. Renewal of sales licence for Explosive Act 1884 and 15

fire works. Explosive rules, Rule
164(4)

58. To obtain storage licence (1) Petroleum Act,1934 75

under Petroleum Act,1934. (2) Rules 143, 147, 148,
156 of petroleum Rules,
2002.

59. To obtain licence for storage Section 2 of Poison 120

of poisonous things. Act,1919 and rule 4 of
Gujarat Poison
Rules,1993.

60. To obtain registration In exercise of powers 45

certificate for canteen. vested in Dist. Magistrate
(Police Commissioner,
except city limit) under
clauses (X) (A) (1) of
sub-section 1 of section
33 of Bombay Police
Act, 1951. No. 2nd. Of
Bombay has formed rules
for registration certificate
to open and run
canteenfrom18-2-1989.

61. Renewal of certificated for In exercise of powers 15

canteen vested under clause XAY
of sub section 1 of
section 33 of Bombay
Police Act, 1951 (22nd of
Bombay) and rules made
there under for renewal
 1022

of hotel registration since

18-2-89

62. To obtain Video licence Rules 3 and 11 of Gujarat 90

Cinema (Exhibition by
Video) regulation rules,
1984.

63. Dish antenna licence 1) Gujarat entertainment 14

Tax Act, 1977 and rules
made there under, 1979.
2) Govt. of India, Cable
Television Network
Regulation and
exhibition through
antenna, 1993.

64. To obtain new ration card. Public Distribution 30

System (Control) Order,
2001.

65. To obtain separate ration Public Distribution 30

card. System (Control) order,
2001.

66. To obtain Duplicate ration Public Distribution 01

card. System (Control) order,
2001.

67. To omit/enter names and Public Distribution 01

change of address in ration System (Central) Order,
card. 2001.

68. To issue institutional card. G.R, F. and C.S.D. No. 30

KTK-1088/4224-K dated
30-6-88.

69. To issue licence for Gujarat Essential 45

retail/whole sale Commodities (Licences,
manufacturer and ratail or Control and Declaration
wholesale licence for of stock) Order, 1981.
petroleum products.

70. Change of place in licence Gujarat Essential 30

of retail/ wholesale Commodities (Licences,
 1023

manufacturer (Wholesale or Control and Declaration

retail) of petroleum of stock) Order, 1981.
products.

71. Application for change in Gujarat Essential 30

partnership of Commodities (Licences,
retail/wholesale Control and Declaration
manufacturer (wholesale or of stock) Order, 1981.
retail) licence for petroleum
products.

72. Sanction of new Govt. Collector gives adver- 50

recognized Fair Price shop, tisements in news papers
Pandit Dindayal Grahak and invites application to
Bhandar. start fair price shop in
place of closed fair price
shop or to start new fair
price shop in new area.
Applicants shall have to
apply for it.

73. To issue institutional Circular No. ATL-KSN- 30

kerosene permit 4601/99 dated 8-2-2000
from Directorate of Civil
Supplies.

74. To issue Solvent licence. Solvent trade, user and 45

Manufacturer (Refinet
and slops procurement,
sales and storage and
restrain their use in
automobiles) Order,
2000.

75. To issue registration According to letter no. 30

certificate for free sale ATL/KSN- Free sale
kerosene. Kerosene- 4839/ 2004 all
paralled sellers dealing in
free sale imported
Kerosene from
Directorate of Civil
Supplies, Gandhinagar
dated 3-11-2004.

76. Extension of time-limit for G.R., R and B. Dept. 07

 1024

construction on plot allotted No.LND-1095/1981-A-1

at concessional rate. dated 24-4-98, 5-4-03
and 25-4-06.

77. To obtain „No-objection G.R., R.D. No. JMN- 01

certificate required for loan 3987/1218-01 A dated
from Bank, L.I.C. and other 28-10-91
financial institutions for
construction on plot allotted
at concessional rate.

78. Regularise delay in G.R., R & B Dept. No. 01

construction on plot allotted LND-1095- 1981- A-1
at concessional rate. dated 24-4-98, 5-4-03
and 15-4-06.
79. To issue certificate for Motor Vehicle Act, 1988 01
preliminary test for Rule of Centre-10 Form-
Learner‟s licence to drive 2.
vehicle.
80. Proceeding under Right to Rules 3 (1) of Right to -
Information Act, 2005. Information Act.
81. To recover land revenue, - 01
Local fund, education cess,
occupancy right, difference
in price, permission to sell,
transfer, premium and rent
for shop.
82. All types of Affidavits. - 01
83. To transfer plots of As per order given with 60
Gandhinagar city on sale. prior sanction of Road &
Building Department.
84. Application to inherit plot According to Inheritance 60
Act.
85. Avail benefit as affected G.R., Roads & Bldg. 60
person of Gandhinagar Dept. No.0-11408-G-R
Capital dated 26-10-7-.
86. To obtain assistance as - 60
widow
1025
 1026

DEPARTMENTAL CO-ORDINATION
1027
 1028

CHAPTER 58
Co-ordination with other Departments of the State Government

The role of Collector is very significant, directly or indirectly in

implementation of activities of various plans/schemes undertaken by other

Departments of State Government. The Collectors have been entrusted

with the responsibilities of effective implementation of such activities at

district level by various Departments and a review is done whether the co-

ordination, supervision and control of such functioning of various

Departments is done periodically by the Collectors. The details of the

functioning of various Departments are as under.

1. General Administration Department.

Collectors undertake very important activities and implementation

of various schemes enforced by General Administration Department of the

State Government such as very important schemes for welfare of

employees of the State Government, activities for welfare, pension

assistance and rehabilitation of freedom fighters of the State etc. Besides,

the Collectors also undertake activities of verification of citizenship on

behalf of the General Administrative Department.

1. The State Government undertakes the work of implementation of

welfare activities for the employees at the District level in all the

districts. This includes various problems of employees,

education, health, cultural programmes, sports, organizing the

 1029

festivals, consumer stores, sewing classes, embroidery classes,

starting of medicines bank, starting of book banks etc. All such

activities are undertaken by a Committee constituted under the

chairmanship of Collectors. These schemes are implemented

under General Administration Department‟s G.R. No. SGA-

1072-Welfare, dtd. 16-4-1974. The G.R. has been amended from

time to time. The Welfare Committee at District level has been

provided with some funds also and the fees are also charged as

per prescribed rates.

2. The District Level Committee for addressing the problems of

Non-Resident Indians (NRIs) has been constituted vide GAD‟s

G.R. No. BNG-1098-258-NRI, dated 24-5-1999. The District

Level Committee under the chairmanship of District Collector

reviews various issues such as addressing the problems of Non-

Resident Indians, providing them guidance, protection of their

rights, facilities to be provided to them during their visits to the

State of Gujarat as well as representing their problems by the

State Government in the Central Government.

3. As per GAD‟s G.R. No. SNS-1080-3658-GH-1, dated 18-11-

1999, it has been provided that after presenting a verification

report in the Committee constituted under the chairmanship of

Collector, the matter can be referred to the State Government

 1030

regarding sanctioning of life-time pension to the adopted

daughter/widow daughter/mentally deficient son or daughter of

the freedom fighters.

(1) Decentralised District Planning – District Planning Board.

In the State of Gujarat, the decentralized district planning

programme is in operation since the year 1980-1981. the District Planning

Board has 6 components:

1. Discretionary provision,

2. incentive provision,

3. development of geographically backward areas;

4. MLA‟s local development programme fund;

5. provisions for 30 developing talukas;

6. MP‟s (Member of Lok Sabha and Rajya Sabha) local

development programme fund

Under Direct supervision of Planning division of General Administration

Department of the State Government, the District Planning Boards have

been constituted at District level. The District Planning Boards sanction

the small community based development works which are of missing link

type under Minimum Needs Programme.

At the District level, the Minister in-charge of the District is the

chairperson of the District Planning Board and the co-Minister in-charge is

 1031

the co-chairman. In the District Planning Board, the President of District

Panchayat acts as the Vice President, whereas the Collector acts as co-Vice

President of DPC. The District Planning Board undertakes the work of

giving financial and administrative sanction to the works of discretionary

provision (15 per cent), works of incentive provision (5 per cent) works of

special budgeting (80 per cent) works of MLA grants, MP‟s (both

members of Lok Sabha and Rajya sabha) grant, works under Special

Backward Areas grant etc. at District level. This is under direct control of

Collector. The meeting of the Planning Board is convened every four

months; wherein the works of giving sanctions to above mentioned grants

are undertaken, besides review of progress and quality of the works.

Besides, Collector is chairman of District Planning Committee of District

Planning Board. In the meeting, the Collector reviews the works of the

schemes such as discretionary grant, incentive grant, special backward

areas grant, 30 developing talukas‟ grant, MP/MLA Fund‟s grant etc.

The Collector is co-chairperson of DPC in the District. He also

looks after co-ordination of district plan and election of Planning

Committee.

(2) Protocol :- At State level, General Administration Department

looks after Protocol work. At District level, GAD has entrusted all the

responsibilities of Protocol to the Collectors. The important functions of

Protocol include to receive the President of India, Vice President of India,

 1032

Prime Minister of India, Chief Justice of Supreme Court of India, Justice

of Supreme Court of India, Ministers of Government of India, all other

VIPs included in the Protocol list of Government of India, Governors of

India, Chief Minister of the concerned State, any Minister of the Cabinet of

State Government, Chief Justice of Gujarat High Court, Speaker of

Legislative Assembly, Justice of Gujarat High Court, any other VIPs in the

Protocol list of State Government as well as those persons whom the State

Government declares as State Guest and makes a visit to the concerned

District and to perform Protocol duties in their regard.

(3) Right to Information Act, 2005.

The Administrative Reform Department of General Administration

Department performs the functions of implementation of Right to

Information Act. The Right to Information Act, 2005 of Government of

India is implemented in the State of Gujarat since 12 th October, 2005.

Under this Act, the provision has been made for ancillary matters related to

Central Information Commission and State Information Commission for

constituting practical administration of Right to Information, so that the

citizens can get information about working of public authorities to bring

about transparency and accountability among each public authority. It is

required to appoint such number of Public Information Officers and

Assistant Public Information Officers considering the distribution of work

and responsibilities as well as considering the administrative convenience

 1033

in each public authority (including all departments of Government and

their subsidiary offices under their administrative jurisdiction) for

providing information which is eligible to be provided under Section 5(1)

of the Act to the citizens who seek such information. Under section 19(1)

of the Act, the officer holding the higher status than the Public Information

Officers automatically becomes an Appellate Officer in the Public

authority. However, it is necessary to issue the orders to appoint the

Appellate Officer from administrative point of view so that all working in

administration as well as to the concerned citizens and there is no

confusion. The citizens seeking the information can directly address their

application to the Information Officers or to the Assistant Public

Information Officers, as the case may be, and can have an access to the

required information. Besides, as per section 4 of the Act, each Public

authority is required to make proactive disclosure of the information on 17

stipulated points. In Collectorate, usually a Class-I Officer in the office is

Public Information Officer and against the decision taken by such Public

Information Officer, Collector/Additional Collector is an Appellate

Officer. For implementation of this very important legislation in the

District, Collector at District level, assures responsibilities.

2. Finance Department.

The responsibility for implementation of schemes enforced by

Finance Department of the State like Pension, Insurance etc. are carried
 1034

out at District level by District Treasury Officer and other officers

associated with financial matters. The co-ordination and deliberation with

these officials is very important. The pending cases the beneficiaries are

disposed of by the Collector in co-ordination with these officers. The

functioning of Collector is important in redressing to the difficulties faced

by the pensioners as well as in solving the difficulties faced in

implementation of Government insurance scheme at district level. The

Collector co-ordinates following schemes directly or indirectly.

1. If a deceased pensioner, at the time of his retirement was a non-

gazetted employee, the competent officer is the officer drawing

pay and allowances of the employee before his retirement and if

the pensioner dies after payment of pension, the concerned

Collector of the District from the Treasury where he drew his last

pension is the competent officer.

2. Under Gujarat Civil Services (Pension) Rules, 2002, Rule 9/34,

the concerned Collector of the district has been delegated the

powers of head of department.

3. As per Finance Department of State Government G.R. No. NBY-

102002-MM-2-6-B, dtd. 17-3-2003, the office of Regional

Director of National Small Savings, Ahmedabad has been closed.

Thenafter the District Collectors in the urban areas have been

empowered to give sanctions to the small savings agencies and to

 1035

renew them. Besides, the Collectors are empowered to

sanction/renew the women‟s field savings scheme, pay-roll

savings group and savings (Sanchaika) schemes. Besides, the

Collector of the district also makes recommendations, gives

opinion with regard to such agencies and also makes

investigations and redresses the complaints.

4. Vide Government‟s Finance Department G.R. No. NBY-1098-

69-B, dated 16-7-2004, the Collectors are empowered to delegate

the powers to the sub-ordinate Class-II Officer to sanction/renew

the agencies for women‟s field small savings scheme and PPF

scheme.

(1) Small Savings.

The Finance Department has entrusted the functioning of small

savings to the Collectors at district level. Every year, the Central

Government decides the target of State Government for investment in

small savings and the same are given to Collectors at district level. The

District Collector further distributes these targets for urban and rural areas

and every month, a review is taken in the co-ordination meeting. Besides,

Collector issues licences to the agents for small savings, renew the licences

and carries out any other function related to licences. The Collector co-

ordinates the activities of Pay roll of employees, functioning of Mahila

 1036

Bachat Samruddhi Yojana, Small Savings camps at taluka and district

level and publicity and propaganda of small savings.

(2) Functioning of Collector regarding Commercial taxes.

The functioning of Collector in respect of the Commercial taxes

(Sales tax) is very important. The Collectors, vide GAD‟s orders dated 17-

3-2004 have been declared as ex-officio Additional Sales Tax (now

Commercial Tax) Commissioner. In this context, the district Collector

have to look after the following functions of Commercial taxes.

1. To prepare estimates of income from commercial taxes in respect

of agricultural products, forest products and mineral products of

the district.

2. To verify as to how much tax is received and how much can be

collected from various works contracts conducted in the District.

3. To collect information in respect of evasion of taxes from check

posts/ports of the District.

4. To collect all pending taxes, especially from those who do not

co-operate and who have disappeared.

3. Home Department.

At District level, the Collector also holds the position of District

Magistrate. He has to perform his duties as District Magistrate under

direct supervision of Home Department of the State. As District

 1037

Magistrate, he has to look after the functions of Law and Order as well as

co-ordinate with District Police Administration. He has to carry out his

functions as District Magistrate in respect of various instructions issued by

Home Departments of Central and State Government. He has to comply

with the instructions issued under Compendium of Instructions; Civil

Defence (Operations, Organizations and Training). Besides he has to

implement the instructions contained in the War Book (Gujarat State),

1999 issued by State Government alongwith the instructions of

Intelligence Department under Home Department at district level.

Besides, as District Magistrate, he has to maintain the important private

record under the Distribution list of officers using the Civil cipher system-

2004, issued by the Director, Intelligent Bureau of Home Department,

Government of India. The Collector, in the capacity of the District

Magistrate has also to perform the responsibility as contained in a private

book, Terrorism, A Gujarat Perspective and Action Plan, issued by

Criminal Investigation Department of State Government. Besides, he has

to perform the responsibility as District Magistrate under Criminal

Procedure Code, 1973, Bombay Police Act, 1951, District Police Act,

Arms Act and Rules made thereunder, under direct control of Home

Department.

4. Education Department.
 1038

The Education Department of State Government includes Primary

Education, Higher Education and Technical Education. At State level, the

educational programmes of primary, higher and technical education at

district and taluka levels by each Head of Department. At the district

level, there are some important offices of District Education Officer,

District Primary Education Officer, District Adult Education Officer,

Continuous Education Officer, Principal, Polytechnic, Central School,

Jawahar Nehru Day Vidyalay, Education, Research & Training Institutes.

These offices carry out various schemes of Primary Education, Secondary

Education, Adult Education etc. viz.; School admission festival, Girls

Education campaign, Vidyalaxmi Bond, Literacy Campaign, Vidyadeep

Yojana, Gyan Ganga Yojana, N.S.S., N.C.C. etc., wherein Collector is

directly or indirectly involved in co-ordination. The Collector has to

perform very significant role as chairman of district level Adult Education

Committee, as Chairman of District level Literacy campaign Committee,

as district level Chairman of Continuous Education, as Chairman of

District level Committees for school admissions festival and girls

education mission. The Collector co-ordinates the administrative and

educational activities of Central schools and Jawahar Navoday Vidhyalaya

as their Chairman of District level Committees.

5. Social Justice and Empowerment Department.

 1039

There are 3 Departments under the Social Justice and Empowerment

Department of State Government – (i) Social Justice and Empowerment

(Welfare of Scheduled Caste and welfare of Socially and Educationally

Backward Classes), (ii) Tribal Development, (3) Social Defence.

The Collector co-ordinates the activities of all these three

Departments at district level wherein the most important function is to

carry out activities under Scheduled Castes, Scheduled Tribes Atrocities

(Prevention) Act, 1989.

(i) Welfare of Scheduled Caste and welfare of Socially and

Educationally Backward Classes.

The Collector carries out functions as ex-officio chairman of special

Vigilance Committee for Scheduled Castes and Scheduled Tribes. This

includes to accelerate the implementation of important schemes for welfare

of Scheduled Castes and Scheduled Tribes and to review the progress.

Besides, the District Collector, in capacity of ex-officio Chairman of

schemes under grant issued by State Government and Central Government

for Tribal Area Sub Plan (TASP) and Scheduled Castes Special Plan

(SCSP).

District Collector takes a review of implementation of various

schemes for welfare of socially and educationally backward classes and

those of Specially Backward areas.

 1040

Besides, co-operation of District level of individualized and

community based schemes, bankable schemes, subsidy schemes,

implemented by various boards/corporations under the above mentioned

three departments is done by Collector. Besides, the detailed review is

done by Collector in the Bankers‟ meetings at district level regarding

financial management and economic activities for the projects submitted

by Boards/Corporations for implementation of individualized and

community based schemes.

(ii) Tribal Welfare.

The instructions issued by tribal development department on 17-8-

1999 regarding planning and discretionary provisions made under New

Gujarat pattern. The Collector, in capacity of the Chairman of District

Tribal Executive Committee is to act and function in this regard.

(iii) Social Defence.

(1) Collector, besides looking after his regular duties has also to

shoulder the responsibilities for social security. This work needs extra care

because it touches to the welfare of most needy people of the community.

Following social welfare schemes have been implemented by Central and

State Governments wherein the Collector has to play vital role.

(i) Scheme for destitute aged and disabled (State Government

Scheme);

(ii) Scheme for providing assistance to destitute widows (State

 1041

Government Scheme);

(iii) Vay Vandana Yojana instead of National Scheme for Old Age

Pension (State Government Scheme);

(iv) Sankat Mochan Yojana instead of National Family Assistance

Scheme (State Government Scheme).

All these schemes have been included within the scope of Citizens‟

Charter, Collector should see that no delay is done in sanction of

applications under these schemes. Collector reviews the implementation

from time to time.

(1) Scheme for Assistance to destitute aged and disabled.

Any destitute aged prson (with the age of 60 years or more) and any

destitute disabled person (whose age is above 45 years) and those not

having an adult son and whose individual whose annual income is less than

Rs. 2400/- and whose annual family income does not exceed Rs. 4500/- are

eligible to get assistance under the scheme. The beneficiary is eligible to

get assistance worth Rs. 200/- per month. If a beneficiary is above the age

of 65 years, he is eligible for assistance under National Old Age Pension

Scheme. A beneficiary gets Rs. 200/- p.m. and also gets additional Rs.

70/- p.m. After receiving the application, the Prant Officer forwards it to

concerned Mamlatdar for verification. The verification is being done

through talati and Circle Inspector. The process takes quite a long time.

The completion of verification also causes concern. Therefore, a checklist

 1042

is being prepared. The Mamlatdar, should fill it up completely and should

forward it with his opinion and recommendation. After receiving the

application, Prant Officer should also not make any delay. The applicant

must be informed about receiving of application or regarding its refusal.

When the application is rejected, the causes of such rejection should be

informed to the applicants. Besides, it should also be informed that he can

file an appeal to the Collector for reconsidering the application.

The amount should be paid through Money Order through the Post

Office. Often the M.O. is returned when the applicant is not available at

the residence. This can happen when the applicant is dead or has gone out

for some period of time. In order to save on M.O. charges; the M.O.

should be dispatched every two months. When the amount is paid after

delay, the bonafide objective of the applicant needs to be verified. If the

M.O. needs to be dispatched for next time; the M.O. charges should be

deducted from the amount to be paid.

(2) Scheme for assistance to destitute widows for their rehabilitation.

The scheme is entrusted to Prant Officer for its implementation since

1-8-2003. Prant Officer can sanction the application or can reject the

application but the amount to beneficiary is yet to be distributed by the

concerned Social Defence Officer. The eligibility criteria for availing of

 1043

benefit under this scheme is a person being a widow between the age of 18

to 60 years and having no adult son. After 60 years, she automatically

becomes eligible for old age pension scheme. Her annual individual

income should not exceed Rs. 1200/- and the annual family income should

not exceed Rs. 3600/- and should not have an adult son and she should

have applied within a period of one year after the date of death of her

husband. The application should be made in prescribed proforma and

should address it to Prant Officer and should include the necessary

documents such as the death certificate of the husband, certificate of

income, birth certificate of the child etc. (The age of majority under this

scheme is 21 years).

The scheme provides two categories of benefits. In first category,

there comes a widow between the age group of 18 to 40 years and the

second category is between 40 to 60 years. In case of first category, a

widow applicant has also to give her consent if she is willing to join the

government approved training course and obtain occupational training.

Each widow beneficiary gets assistance at the rate of Rs. 500/- p.m.

Besides, she gets Rs. 80/- per minor child upto the limit of two children.

As per the orders under the scheme, the income from household

work is not be reckoned as income. The order under the scheme should be

made very carefully because once the application is rejected, there is no

provision for filing an appeal.

 1044

(3) Vay Vandana Scheme :- As per G.R. No. NSAP-102002-I-246-

Chh, dated 6-1-2005 of the Social Justice and Empowerment Department

of the Government, the national old-age pension scheme is nomenclatured

as Vay Vandana Scheme. The scheme originally belonged to Government

of India but is now transferred to State Government. Under the scheme,

the destitute aged person above the age of 65 years, is to be provided with

an assistance at the rate of Rs. 75/- per month.

(4) Sankat Mochan Yojana :- Vide G.R. No. NASP-102002-I-246-Chh,

dated 6-1-2005 and dated 18-1-2005 of Social Justice and Empowerment

Department of the Government, the national family assistance scheme has

been nomenclatured as „Sankat Mochan Yojana‟. Earlier, this was a

Government of India Scheme but how it is transferred to Government of

Gujarat. According to the scheme, if a main working and earning person

of the family dies either naturally or even in unnatural circumstances or

dies due to an accident, the family is entitled to the financial assistance

upto Rs. 10,000/-. The deceased person should be within the age of 18 to

65 of years and should be living as BPL.

The Collector is also supposed to implement the following schemes

:-

(i) Implementation of provisions under Disability Act, 1995;

(ii) Providing STD/PCO to educated unemployed, blind, disabled

persons and get the rehabilitated.

 1045

(iii) Programme for rehabilitation of person with disability;

(iv) Implementation of Dowry Prohibition Act, 1961.

6. Agriculture and Horticulture Department.

The District Agriculture Officer and the District Deputy Horticulture

Director are responsible for implementation of various schemes of

farmers‟ welfare implemented by the Agriculture and Horticulture

Department. Whether there is any impact of working of these officials at

district level is reflected on farmers in rural areas or whether the farmers

have any problems etc. are reviewed by the Collector. The Collector co-

ordinates following very important schemes of Agriculture and

Horticulture Department directly or indirectly.

1. AGR-23, 24 – A Programme for motivating entire village to cover

under Horticulture farming.

Especially the villages under main and major irrigation projects,

command areas of Narmada, Ukai, Kakdapar and Kadana get better

benefits under the scheme. A provision is made to provide grant-in-aid

worth Rs. 5.00 lakhs to the village Panchayat of the selected villages to

equip the villages with facilities for irrigation, pipeline, drip sprinklers,

transport facility for products etc. in the villages for facilitating the modern

techniques of farming in the village. The benefit is available to those

selected villages wherein all the farmers have adopted horticulture

farming. For availing the benefit, the concerned village Panchayat has to
 1046

pass a resolution and have to apply to the Assistant or Deputy Director of

Horticulture. The applications are placed before the Committee under the

chairmanship of Collector which verifies the date of applications received

and make selection of the village for providing benefit. The selected

village gets one-time benefit of the scheme. The grantee village has to

produce the accounts before the Committee and also has to give utilization

certificate to the Deputy Director, Horticulture in the same financial year.

2. Implementation of Agriculture Relief Package in cases of damage to

the crop due to heavy rains or floods.

Due to heavy and continuous rains, the crop fails. The crop is also

damaged by heavy floods and due to covering of crop by mud and clay

from rivers flooded by water. The land is often wasted away due to water

logging in fields or due to change in flow of rivers. The agriculture land in

hilly areas get damaged with stones, sand, mortar being flown in on land.

In order to provide relief in such damage to the farmers due to heavy rains,

the Government declares Agriculture relief package. It includes the

following :-

1. Agriculture Relief Package :-

Package-1 :- The input assistance to farmers to compensate damage

by crops.

Package-2 :- Relief to compensate damage to the land being washed

away or otherwise.
 1047

Package-3 :- Assistance of seeds for re-planting.

The norms for assistance are as below :-

Package-1 :- Input Assistance to farmers to compensate damage to

crops.

The input assistance to the farmers is available under calamity relief

fund, in respect of damage to agriculture or horticultural crops to the extent

of 50 per cent or more.

Sr. Type of Details of crop

Norms for Remarks
No. farmer assistance
per
hectare
1. Small and 1. Non- Rs. 2000/- This assistance is
Marginal irrigated Per available for non-
Farmers agriculture/ hectare irrigation agriculture/
Horticulture horticulture crops in
crops ratio with damage but
not less than Rs. 250/-

2. Irrigated Rs. 4000/-

This assistance is
agriculture/ per available for irrigated
Horticulture hectare
agri./horticulture in
crops. ratio of the damage but
not less than Rs. 250/-.
3. Multiple Rs. 6000/- This assistance is
crops per available for multiple
hectare crop damage in ratio to
the damage but should
not be less than Rs.
500/-.
2. Farmers 1. Non- Rs. 2000/- (A) This assistance is
other than irrigated per payable per farmer
Small and farming/ hectare maximum for one
Marginal Horticulture hectare of damage for
Farmers products. first time damage.
(B) If for the
 1048

2. Irrigated Rs. 4000/- continuous second time,

farming/horti- per the damage is done to
culture hectare. the same farmer in the
farming. same area to the extent
3. Multiple Rs. 6000/- of 50% or more, the
crops. per assistance is payable to
hectare. the farmer for
maximum of 2 hectares
of damage.

Package-2 :- Assistance against damage to agricultural land for

land being washed away or otherwise.

Under the package, the assistance will be paid to the small and

marginal farmers under calamity relief fund, whereas in case of farmers

other than small and marginal farmers, the assistance will be paid from the

State Government‟s Funds. The provision is made for following type of

assistance to affected farmers :-

Sr. Type of Details of cropNorms for Notes

No. farmer assistance
per hectare
1. Small and 1. For Rs. 6000/- With regard to the
Marginal removing of per hectare layer of stone, sand,
Farmers clay, mud, sand clay, mud etc. to the
etc. to the extent extent of 3 inches or
of more than 3 more, as in (1) the
inches from the certificate from
land. Assistant Director
(LA) of Land
Development
Corporation or from
Agriculture Officer
(LA) is required.
2. For removal Rs. 6000/-
of garbage etc. per hectare
 1049

from
agricultural land
in hilly areas.
3. For heavy Rs. 15000/- The assistance at No.
damage to land per hectare (3) will be available
due to falling of only to those small
rocks, snow-fall and marginal farmers
or due to whose damage has
change in flow been established as per
of rivers. revenue record.

2. Farmers 1. For removal Rs. 5000/- With regard to layer of

other than of clay, mud, per hectare stone, sand, clay, mud
small and sand etc. from but for not etc. to the extent of 3
Marginal agricultural exceeding 3 inches or more, as in
farmers. land. hectares. (1), the Certificcate
from Asstt. Director
(LA) of Land
Development
Corporation or from
Agriculture Officer
(LA) is required.

2. For removal Rs. 5000/-

of garbage etc. per hectare
from agriculture but for not
land in hilly exceeding 3
areas. hectares.
3. For heavy Rs. 5000/- The assistance at No.
damage to land per hectare (3) will be available
due to falling of but for not only to those small
rocks, snow-fall exceeding 3 and marginal farmers
or due to hectares. whose damage has
change in flow been established as per
of rivers. revenue record.

Package-3 :- Assistance of Seeds for re-planting :-

Since the expenditure under this scheme is not involved in

calamities relief fund, it has to be met with from the State Government

Fund.
 1050

Sr. Type of Details of crop Norms for Notes

No. farmer assistance per
hectare

1. Small and Hybride-breed 75% of the sale Within holding

Marginal cotton, ground price of the seeds limit.
Farmers nut and B.T. but not exceeding
cotton. Rs. 1000/- per
hectare for
assistance in
purchase.

Other crops 75% of the sale Within holding

price of the seeds limit.
but not exceeding
Rs. 750/- per
hectare for
assistance in
purchase.

2. Farmers Hybrid cotton, 50% of the sale For not

other than ground nut and price of the seeds exceeding 3
Small and B.T. Cotton. but not exceeding hectares of land.
Marginal Rs. 1000/- per
Farmers. hectare for
assistance in
purchase.

Other Crops 50% of the sale For not

price of the seeds exceeding 3
but not exceeding hectares of land.
Rs. 750/- per
hectare for
assistance in
purchase.

All the details about packages 1 to 3 are eligible to be paid to the

farmer beneficiaries of the districts, talukas and villages which are

declared as affected ones by the Committee constituted under the

chairmanship of the District Collector.

 1051

For the purpose of the scheme, there would be a district level

Committee under chairmanship of Collector to declare the villages as

affected ones and also to review its implementation from time to time. It

would include District Development Officer and the District Agriculture

Officer will be its member-Secretary. This Committee will declare those

villages as affected ones in anyone of the circumstances/conditions such

as, wherein the cash dole has been paid by the Revenue Department, the

buildings have collapsed, when the rain to the extent of more than 70 per

cent have fallen, when the excessive water has been released from upward

area and when migration has taken place.

7. Animal Husbandry.

The responsibility of implementation of various activities and

schemes for welfare of people involved in occupation of animal husbandry

and the schemes for protection of the animal wealth of the State as

enforced by the Animal Husbandry Department of the State lies with

Deputy Director of Animal Husbandry of the district. Collector reviews

this working to find out whether there is any impact of such activities

undertaken at district, taluka and village levels on the people looking after

animals or on the animal wealth itself in the rural areas. He also reviews

the problems faced by people looking after animals. In short, Collector co-

ordinates, directly or indirectly, following of the important schemes of

animal husbandry Department.

 1052

Under several Circulars, Resolutions and several Rules, the

Collectors have been empowered by the Animal Husbandry Department:

1. Under Essential Commodities and Animal Control Act, 1958,

work is undertaken to export the milch animals in other States

and to import them when they become wild. This work is done

after payment of stipulated amount of fees and making

application to the District Supply Officer under the District

Collector.

2. Gujarat Animal (Restriction on import) Order, 1982 :- Under

this order, the Collector has been empowered under section 3 of

the Act, vide Government Resolution No. GH-KM-

202/(A)/LBS/1182/1964-(P)(1) to restrict the import of animals

and person aggrieved by the order of Collector can file an appeal

to the State Government under section-4.

3. Gujarat Milch Animal and draught Animal (Transport and

Control) Order, 1983 :-

Under this Order of State Government dated 9-8-1983, the

Mamlatdars are empowered to issue permit for transporting of

draught animals and milch animals. The Collectors, under

section 5 of the Orders, are empowered to examine and also to

take custody of such transported animals at any place in a

vehicle, ship or any other means.

 1053

8. Forest and Environment Department.

The responsibility of various activities and schemes for

enhancement of forests or preservation of environment as well as forest

animals is vested in Deputy Conservator of Forest at District level. The

Collector reviews the impact of this activity being carried out by this

officer at district level, on enhancement of forests, preservation of forest

animals and preservation of environment at village level. Besides, the

District level Forest Festival being organized by the Department every year

is organized under the chairmanship of the Collector, under which various

important schemes such as involving the primary schools, high schools,

colleges, agricultural-nursery, social forestation, preservation of wild

animals etc. is co-ordinated directly or indirectly by the Collector.

The Forest and Environment Department undertakes several

activities such as plantation on canal sides and rail-tracks, rearing of rural

forestation, forestation on private plots, distribution of plants,

decentralized plantation centre, plantation centre by women, public

forestation, eco-development scheme, activities under Saurashtra felling of

Trees Act, certification by Sarpanch for transportation of goods, trees on

private and public plots, working of Gujarat Pollution Control Board,

working under Environmental Protection Act, Air (Prevention and Control

of Pollution) Act, 1958 of Forest and Environment Department and

Notification dated 4-6-1993 and provisions of Water Act, 1974 etc. etc.
 1054

In all these activities, Collector plays an important role especially in

allotment of plot in Gochar or Government land especially on road side or

canal sides or in Rural Forest rearing and forestation etc. The Committee

appointed under the chairmanship of Collector at district level, makes a

review of work done by Deputy Conservator of Forests at district level.

Encouragement and guidance are provided in matters like forestation, rural

forest rearing, distribution of plants in schools, nursery, women‟s nursery

etc. In order to build the decent, clean, development-oriented and live

cities by urban forestation scheme and for implementation of urban

development programme through people‟s participation under urban

forestation scheme, the Government have planned to provide basic

amenities in urban areas and to make the towns green with urban

forestation to meet a great challenge of providing all amenities to citizens

focusing on speedy process of urbanization. For this purpose, the urban

forestry plan, Green Belt, Block planting, Panchvati, Panchvati forest

Smriti Van, Rashi Van, Nakshatra Van, Punit Van etc. have been planned.

This has been controlled and regularised by Collector at village and district

levels.

9. Health & Family Welfare Department.

It is the responsibility of District Health Officer to implement

various schemes enforced by Health and Family Welfare Department of

State Government such as Family Welfare, Eradication of T.B.,

 1055

Eradication of Leprosy, Eradication of Malaria, Eradication of blindness;

programme of mother‟s health-care, polio immunization, immunization,

primary health centre, community health centre, civil hospitals, disabled

aid centres, epidemics, any programme of health and welfare etc. The

Collector reviews the activities of this officer carried out at district, taluka

and village levels. Besides, for achieving the target of family welfare such

as Vasectomy, Tubectomy, Oral Pills etc., the Collector co-ordinates with

all the officers of the district. Besides, the Collector co-ordinates

following important schemes of Health and Family Welfare directly or

indirectly.

(1) National Rural Health Mission (NRHM) :-

Vide State Government‟s Health and Family Welfare Department

G.R. No. PHC-1005-GOIl10(2)-B, dated 29-8-2005, the District Health

Mission has been constituted at District level, and several district level

societies such as maternity and child health, eradication of TB, eradication

of Leprosy, eradication of Blindness, Malaria, AIDS Control etc. have

been amalgamated in it.

District Health Mission mainly aims at providing qualitative health

services in most simpler way to especially the people living BPL in rural

areas, women and children.

District Collector is the co-chairperson of District Health Mission,

besides acting as chairperson of highest decision taking and chief

 1056

controlling governing body of District Health Society. The National Rural

Mission covers mainly following important programmes :-

A. `Maternity and Child Health;

B. Special programmes under National Rural Health Mission;

C. Immunization;

D. Other National programmes;

E. Objective centralization at divisional and inter-divisional levels.

(2) Patient Welfare Committee :-

Vide State Government, Health and Family Welfare Department‟s

G.R. No. MIS-102002-352-A, dated 14-9-2004, it is decided to form

Patient Welfare Societies in 23 hospitals at district level.

The Patient Welfare Committees have been constituted with a view

to strengthen the health-care services in General/Civil hospitals, to redress

the problems related to establishment, financial management and other

requirements in view of the present situation and to make an overall

development of the hospitals to improve and maintain the quality and level

of services, to undertake the works with people‟s participation, to achieve

economic co-operation from different affordable sources including well-to-

do people for providing best services to diseased persons and citizens of

the State and with an aim to make the hospitals neat, clean, decent and
 1057

facilitating Government have appointed District Collectors as chairperson

of the Patient Welfare Committees. The Patient Welfare Committees have

been constituted under Societies Registration Act, 1961. The sources of

income for Patient Welfare Committee including donation received in

hospitals, income from user charges levied in the hospitals, grant-in-aid

from Government, donations received from industrial houses etc. This

amount is utilized for welfare of patients, for making hospitals neat, clean

and comfortable, for maintenance of hospital buildings and equipments,

for repairing and for providing best qualitative services to the patients.

(3) National Leprosy Eradication Programme.

Vide the Health and Family Welfare Department‟s G.R. No. LEP-

102005-1133-G, dated 2-7-2005, the Urban Leprosy eradication

Committee has been constituted under the chairmanship of Collector, in

urban areas, under National Leprosy eradication Programme. The

Committee reviews the control and elimination of leprosy, the treatment

system for the disease, publicity campaign, rehabilitation etc.

(4) Employees State Insurance Scheme.

District Collector is the chairperson of the Committee constituted of

the representatives of factory owners and labour unions and constituted by

Employees State Insurance Scheme. At each district level, such local

Committees are constituted under chairmanship of the Collector.

10. Energy Department.

 1058

The Executive Engineer, Gujarat Electricity Company looks after

various activities implemented by Energy Department of State

Government for saving of energy and for providing information about new

sources of saving of energy as well as providing electric connection to the

families living BPL in rural and urban areas under “Ghar Divda” scheme.

The Collector co-ordinates these activities to find out whether the

eligible beneficiaries in rural and urban areas could avail of the benefit and

whether the difficulties faced in residential electric connection or industrial

and agriculture electric connection are properly handled by the Executive

Engineer. Besides, the Collector is responsible for propaganda and

publicity and dissemination of information about programme of „Akshay

Urja‟ implemented by Central Government.

The District Level Committees are constituted under Electricity Act,

2003, section 166. According to which vide G.R. No. GU-2004-86-ELA-

1103-GOI-103-K, dated 2-12-2004 of Energy and Petrochemical

Department of State Government the Committee has been constituted

under chairmanship of District Collector. The Committee in its meeting

reviews the situation of expansion of electrification in the concerned

district and necessary co-ordination in this regard, situation of quality of

electricity supply, satisfaction of customers, effectiveness of electricity,

encouraging savings of electricity etc. at district level.

11. Panchayat, Rural Housing and Rural Development Department.

 1059

The District Collector has direct or indirect contribution in various

schemes implemented by both the divisions of Panchayat, Rural Housing

and Rural Development Department, such as those implemented by – (1)

Panchayat division, viz., Tirth Gram Yojana, Pavan Gam Yojana,

Panchvati Yojana, Samras Gram Yojana, scheme for constructing

Panchayat office and residence of Mantri, development works undertaken

under 12th Finance Commission, Gram Sabha, scheme under Nirmal

Gujarat, office buildings and staff quarters for newly constituted districts

and talukas, programme for imparting training to elected representatives,

scheme of healthy village – clean village, E-gram and global – gram

yojana, Sardar Awas Yojana etc. as well as those implemented by (2)

Rural Development Divisions such as SGRY scheme, STSTS scheme,

Farm-pond and bag-dam scheme, Khet Talavadi and Bori-bandh scheme,

Watershed scheme, Total Sanitation campaign, NRIGP scheme, BRGF

scheme and other rural development schemes implemented by Ministry of

Rural Development, Government of India, Audit Para of Panchayats,

Record inspection of village Panchayats, deciding of Gam-Tal, supervision

over Gochar land, general and by-elections of Taluka and District

Panchayats, problems of Gram Sabha, review of utilization of grants

allotted at district level etc.

12. Food, Civil Supply and Consumer affairs Department :-

 1060

Implementation of various acts, rules, orders and instructions issued

by the Department.

13. Youth Services and Cultural Department (Tourism and Holy Places

of Pilgrimages Development Department) :-

(1) As Collector and District Magistrate, it is the responsibility of

Collector to see that fairs and festivals are organized in good way from law

and order point of view. As far as the organization of fairs is concerned; it

is not only law and order but also social responsibilities and public

security/safety are also involved. The number of fairs are ever increasing

due to religious and social reasons. Besides, there is huge rise in its size

and varieties.

(2) In these circumstances, the Collector and District Magistrate at

district level should keep proper care in planning and administration of

Fairs and festivals. Following aspects need special care and attention :-

1. Assigning responsibilities to officers and employees;

2. Administration of Control Point for providing assistance;

3. Law and Order;

4. Transportation,

5. Water Supply;

6. Electricity Supply;

7. Health;

8. Distribution of milk and food articles;

 1061

9. Cleanliness and sanitation;

10. Communication.

(3) Above all, it is important to keep in view why, with what objection,

when and where the fair or festival is to be organized/held. For how many

days, this fair or public festival will continue should also be taken in view.

Some fairs and festivals are traditional in nature whereas some festivals are

organized to celebrate a special event, such as Golden Jubilee (Swarna

Yajanti) Mahotsava. The most important aspect is the size of fair. It is

important to keep in view as to how many people are expected to visit

during a particular day and on what day the persons in largest number are

expected to visit should also be taken into consideration. The important

aspects in such religious fairs are number of visitors expected on one or

more days during the fair, the particular important event of Special

„Darshan‟ and sometimes the holy both in a nearby river or holy pond.

The fair organized in Bhadarva month in Ambaji is one of the largest fair

in Gujarat; wherein the visitors come from far off places, just walking on

foot in several lakhs number. Likewise, in Junagadh, in the month of

Kartik as well as during Mahashivratri are the largest fairs in Junagadh

(Saurashtra) being visited by lakhs of people. Both these fairs last for 4 to

5 days and on last day, the number of people visit in largest number. The

Tarnetar Fair in Surendranagar district is a colorful festival and attracts

foreigners also along with local communities in great numbers. Again, the
 1062

fair organized at Dakor (District Anand) for darshan of Ranchhodray,

especially during Holi-Dhuleti festival in unique both in terms of number

of visitors and significance of Darshan at some special hours of the day.

Here also visitors come in large number, just walking on feet from all parts

of the State. In view of significance of such special festivals; it is a great

challenge for administrators to manage them at district level. Following

tips could be useful :-

1. It is necessary to increase the time/duration for Special Darshan to

avoid heavy rush;

2. A control point should be established for providing assistance.

There should be microphone for public announcements;

3. Special space should be provided for purchase of Puja-material,

Prasad and other articles.

4. Special provision should be made to take care of shoes etc. for

people in very large number.

5. Special arrangement should be made for offerings to be made to

Holy God/Goddess.

Law and Order :-

1. The whole area of fair should be divided/distributed in different

sectors and each section should be assigned to appropriate police

officer and executive magistrate.

 1063

2. Even sectors could be divided in to zones and each zone should be

made under charge of a police officer.

3. For traffic, road-arrangement and patrolling should be separate

sectors and should be assigned to separate Police Officers.

Arrangements for Communication should be up-to-date. All the

sectors should be attached to main control point, for seeking

guidance and providing inputs.

4. Detailed plan should be made out for traffic arrangement and

suitable routes should be provided to ST Buses, Private luxury

buses, government vehicles, permitted vehicles, water tankers, milk

van etc.

5. The notification should be issued regarding traffic arrangement, be

competent authority, well in advance under section 33 of Bombay

Police Act, 1991. Besides, notification should be issued under

section 37. if necessary, notification in respect of public health may

also be issued under section 43/1 of Bombay Police Act. While

issuing such notifications, the existing notifications in force are also

to be taken in view. It is also necessary to appoint Executive

Magistrates and also to issue permits for vehicles.

6. During fair/festival period, if a VIP is to make a visit, arrangements

for his/her visit should be made in such a way that general public is

disturbed the least. If possible, the roadway of such VIP visitors

 1064

should be separate and the time for their visit to temple for „darshan‟

should also be separate so that security arrangements are made and

other people are not put to inconvenience. For the purpose, separate

staff should be kept for such visitor, with appropriate police officer

to look after.

Transport System.

It is necessary to make following arrangements for facilitating

transport and for proper administration during the period of fairs.

1. Adequate arrangement for ST buses and private vehicles;

2. Temporary Bus arrangements;

3. Proper light arrangements;

4. Proper drinking water arrangements;

5. Proper Toilet system;

6. Continuous Microphone/Loud Speaker for guidance;

7. Telephone on each booth;

8. Crane and other mechanical arrangements;

9. Provision for Ambulance and Fire fighter;

10. Banners/Pamphlets for guidance to visiting public.

Bus depot should be made at appropriate places in the directions

from which the buses and vehicles arrive, so that buses and vehicles do not

cross the place of fair. For each depot, the depot in-charge should be fixed

and places for pick up of people, parking, mechanical gang etc. should also
 1065

be fixed. Small vehicles for taking passengers from depot to the place of

fair can be arranged only if the traffic can be properly controlled.

Arrangement for Water Supply :- It is necessary to make arrangement for

additional pure drinking water and water for other use during the period of

fair/festival. Advance planning in this regard could be made for specific

agencies to be deployed, e.g. village Panchayat/Municipality - How much

water supply they can provide and from which sources?. Water supply

Board – How much supply they can provide and through which means etc.

All these matters should be pre-planned considering the number of visitors

on particular day. If the additional requirement is to be met from tankers;

it should also be decided in advance, as to where from they will get the

supply and to which destination they will bring the supply. If possible,

such supply should be stored outside the place of Fair/Festival, and then

could be supplied to the place through water pipe to avoid the tankers to

cross the place of fair. If necessary, water supply can be arranged zone-

wise. The sources of water within the field area of fair, such as water

pump etc. should be got repaired earlier. Those in charge of water supply

should be equipped with communication media to be in touch with top

management during emergency. PVC tanks can be used for storage of

water at various places. Considering the rush of people, arrangements

should be made for drinking water at public places. Drinking water should

be properly chlorinated to ensure health component. In case of emergency

 1066

requirements, standby motor pumps with necessary H.P. capacity should

be kept ready with necessary staff. Control point should be established to

immediately look into complaints like leakage or inadequate supply or

water logging etc. The phone number of such control point must be

properly displayed.

Electricity Supply :- Electricity is equally important as water, milk and

food. It is necessary for control point as well as the Dharmashala, guest

houses, hotels, temple, for decoration etc. In order to supply adequate and

constant electric supply, it is necessary to ensure that concerned Officer is

available there round the clock under concerned electricity administration.

The whole area should be divided into several zones and for each

zone, adequate number of Engineers, Supervisors, helpers, lightmen etc.

are placed. Separate control points should be established with their actual

jurisdiction for electricity supply and maintenance. In order to avoid

accidents, transformers of adequate capacities should be installed to take

care of electric load. Temporary connections should be provided for stalls,

places of entertainment, flying wheel etc. Generators should be installed

at important places like temple, control point, ST depot etc. Besides,

reserve electricity supply and staff should be kept in standby position for

meeting any exigencies. All concerned should be properly oriented as to

what action to be taken during accidents and all concerned should be

properly equipped to handle such situation.

 1067

Health :- At the place of fair, one main centre should be established for

immediate treatment. As far as possible, such centre should be located in

the local hospital and arrangements should be made for presence of doctor

and staff round the clock. Besides, the centre should be equipped with an

ambulance van and dead body van. If the fair is bigger/larger, more

ambulance should be placed. A mobile team should be attached to the

Ambulance to provide treatment forthwith. Adequate stock of medicines

and equipments should be maintained in both on ambulance van as well as

at health centre. Proper communication means should be provided in main

centre as well as in ambulance van whereas there is possibility of more

people coming together, immediate treatment centres should be installed.

These centres also should have adequate medicines and communication

tools.

Rescue Team :- During fairs and festivals, people come together in great

many numbers. During such period, the possibility of people being drown

away in water or incidents like stampede cannot be ruled out. Despite all

preventive steps being taken, when such incidents take place, it is

necessary to keep the rescue team ready, with people who can save people

from drowning, with the help of local municipality, at the control point.

Besides, for prevention against fire etc., the fire fighting team should be

kept ready.
 1068

Control on food articles :- It is necessary to arrange for proper

verification of food articles and drinks during fair. Whenever necessary,

samples can be collected and dispatched for proper examination. Food

Inspectors should be instructed to take necessary action as per Prevention

of Adulteration in Food Articles Act, 1954 and rule made thereunder in

1955. the adulterated vegetables, fruits, sweets etc. should be destroyed.

Care should be taken to see that the sweets do not contain in-edible colors

and that spurious drinks are not sold. Proper care should be taken for

cleanliness at lari-gallas and restaurants. Care also should be taken that

sweets are prepared from quality materials. The edible articles should be

properly covered. Special care should be taken to see that cases of food

poisoning do not happen due to inferior quality of milk and milk-

preparations. The prices of food articles should be displayed and it should

be seen that no higher prices are charged from the customers. The weight

also should be proper. Planning should be made for agencies to supply and

distribute milk. If possible, the milk centre should be open for 24 hours.

Staff should be placed to watch that the higher prices are not charged for

milk due to short supply.

Cleanliness :- Proper care should be taken to see that notification are

issued regarding cleanliness and they are properly published. Adequate

publication should be made that the shopkeepers and other people place

the garbage in the dust bins. This should be made compulsory. The total
 1069

area should be divided in the sectors and for each sector, a team of

Sanitary Inspector and sanitary workers and the team should be equipped

with equipments and spray insecticides. Separate teams should be kept for

removing the solid waste and dry waste. Besides, drainage cleaning team

should also be separate one. If there is heavy work load, the shift system

should be introduced for round the clock cleanliness. Cleanliness can

easily be done during night hours or those hours when the place is not

visited by many people. As separate place should be identified for control

of stray animals; and separate squad should be maintained. Strict action

should be taken after issuing notification under section 23 of Bombay

Police Act. Separate places should be identified for collection of garbage.

Arrangements should be made to take away the garbage with the help of

tractors or other equipments. Pesticides should be sprayed at places nearer

to drainage. Additional toilets should be provided. Such toilets should be

got prepared in advance and additional staff should be provided for its

cleanliness. For monitoring of the entire cleanliness work, a team with up-

to-date communication system should be placed on duty. Separate plan

may be prepared for cleanliness of main roads, ST stand, Hospitals etc..

(2) Celebration of events.

The State Government celebrates several events – Uttarardh

Mahotsav (Modhera), Tara Riri Festival (Vadnagar), Champaner Festival,

 1070

Tribal Festival, Navratri Mahotsav, Children‟s Dance-Drama Festival,

Girnar Climbing Competition, Swimming in Sea, Boat Competition etc.

It is important that the aspects of duration and place are kept in

view. The long-duration festivals like Youth Festivals and Sports events

are planned in its own way. The celebration of Independence Day (5th

August), Republic Day ( 26th January), Gujarat Day (1st of May) etc. are

done with joy and fun. For long-term festivals, it is necessary to constitute

following Committees to look after various aspects :-

1. Main Organising Committee;

2. Reception and Registration Committee;

3. Accommodation Committee;

4. Financial Transaction Committee;

5. Cultural Programme Committee;

6. Inauguration and Conclusion Programme Committee;

7. Publicity Committee;

8. Health Committee;

9. Food Arrangement Committee;

10. Pandal and Electricity Management Committee;

11. Invitation Card Distribution Committee;

12. Law and Order Committee;

13. Liaison Committee.

If necessary, more Committees could be constituted.

 1071

For organizing most important event, various responsibilities should

be assigned to different officials considering the aspects of place, details of

the programmes, arrangement for rehearsal, sitting arrangements, stage,

hall or pandal, microphone & loud speakers etc. More attention is required

to see that programme is very well arranged, that it starts at right moment

and that it is concluded at stipulated time. Besides, proper arrangement for

announcer is also to be made. Regular in-time starting and concluding of

celebration of Independence Day and Republic Day are most important

and essential. When a State level programme is arranged, the invitation to

Hon. Ministers, MPs, MLAs, Office bearers and other VIPs should reach

in time and the sitting arrangements should be as per protocol.

 1072

CHAPTER 59

Election

In democratic way of government, election of representatives of

people is an important process associated with administration.

Under Article 324 of the Constitution of India, the Election

Commission of India undertakes the functions of preparing electoral rolls

and arranging for holding elections of Lok Sabha and Legislative

Assembly, as the case may be, under its supervision, guidance and control.

Under section 13AA of Peoples‟ Representation Act, 1959, the

Election Commission of India appoints the District Election Officer.

District Collector acts as District Election Officer. Besides, when the Lok

Sabha elections are held, Collector-cum-District Election Officer performs

the constitutional duties as Election Officer of particular Lok Sabha

constituency. The Election Commission of India appoints the Election

Officer under section 21 of People‟s Representation Act, 1951.

In the important election duties of Legislative Assembly and Lok

Sabha, the Officers of the level of Deputy Collectors and Mamlatdars

under the direct control of Collector perform the following functions :-

(1) The officers of the level of Deputy Collectors of Gujarat

Administrative Service Act as Assistant Election Officers in Lok

Sabha Constituency and as Election Officers in Legislative

Assembly constituency as well as Voters Registration Officer of

 1073

Legislative Assembly constituency. The Election Commission of

India appoints Voters‟ Registration Officers under section 13B of

People‟s Representation Act, 1950.

(2) The Officers of Mamlatdar cadre act as Assistant Election

Officers and as Assistant Voters‟ Registration Officer in

Legislative Assembly constituencies. Under section 22 of

People‟s Representation Act, 1951, the Election Commission of

India appoints Assistant Election Officers. During Lok Sabha or

Legislative Assembly Election, the Collector-cum-District

Election Officer, Officers in the cadre of Deputy Collectors and

officers in the cadre of Mamlatdars perform following

constitutional duties :-

(i) To publish the notice for election;

(ii) To efficiently conduct the election in the constituencies in

which they are election officers.

(iii) To accept the nominations from the candidates and to

verify them.

(iv) To distribute the symbols to the candidates;

(v) To prepare a list of candidates;

(vi) To get the ballet papers printed and the dispatch the postal

ballets to service voters;

 1074

(vii) To send the Polling Officer with polling articles to the

polling booth;

(viii) To supervise the working of polling officers of the day of

voting in their constituencies and to submit necessary

report to the Election Commission of India and to Chief

Election Officer.

(ix) To get the voting done in a fair manner in accordance with

the legal provisions of law;

(x) To decide the place for counting and to issue notice to the

candidates about place and time of counting;

(xi) To count the votes and to declare the results of election.

All these functions have been described in different laws related to

election which are incorporated in Manual of Election Law. Besides,

while discharging of duties as Election Officer or Assistant Election

Officer, they have to carry out the instructions contained in “Hand book

for Election Officers”. Further, they have to act according to various

instructions issued by Election Commission of India from time to time.

Under section 13CC of People‟s Representation Act, 1950, all the

Officers or employees who have been appointed for work of improving the

electoral rolls or for election of Lok Sabha/Legislative Assembly, are

during the period of such appointment are considered under deputation to

 1075

the Election Commission of India as well as under their control,

supervision and discipline.

Polling Booth :- According to section 25 of the People‟s Representation

Act, 1950, the Collector-cum-District Election Officer is responsible for

providing polling booth in the Legislative Assembly constituencies in

his/her district. The district election officer has to prepare a proposal for

polling according to the instructions of the Election Commissions and after

getting it verified by the Chief Election Officer submit it to the Election

Commission of India. After getting approval from the Election

Commission of India, the concerned place can be utilized as a polling

booth.

The District Election Officer has to get personally verified of the

place/building to be proposed as polling booth by the officer, not below the

rank of Deputy Collector and has to give certificate to that effect.

Besides, before making a proposal for polling booth, District

Election Officer is required to have discussion in this regard with the

political parties and after considering their reasonable suggestions only, the

proposal for polling booth is required to be made, and the certificate to that

effect is also required to be given.

If any building is utilized as a Polling Booth; without permission of

the Election Commission, it becomes a serious matter. Therefore, the

permission of Election Commission, New Delhi is essential before using

 1076

any place or building as a polling booth and the district election Officer

has to take care in this regard.

Code of Conduct :- The Election Commission of India, New Delhi has

issued a Model Code of Conduct for candidates contesting election and for

political parties. Each Collector has to see that the Code of Conduct is

followed in his/her district. The incidents of breach of Code of Conduct

have to be brought to the notice of Election Commission, New Delhi.

In light of this Code of Conduct, the Election Commission has

issued various instructions to organize election in free and fair atmosphere.

These instructions are mainly in respect of maintenance of law and order

situation. Besides, it is the duty of the district election officer to take all

steps suggested by election commission so that a voter can cast his/her

vote without any kind of fear. Further, the Election Commission has

issued several instructions to see that there is no misuse of government

machinery. It is the duty of the district Election Officer that this is

followed.

Accounts of the expenditure in Election :-

According to section 78 of Peoples‟ Representation Act, 1951, all

the candidates for election have to submit their account of election

expenditure to the district election Officer. The district election officer has

to see whether the contesting candidates keep their accounts of election

expenditure as per rules and as per instructions of the Election

 1077

Commission. If any candidate does not keep the accounts of expenditure

properly, the action can be taken under clause 171(h) of IPC for the

expenditure incurred by them.

Besides, the district election officer has to submit the report to the

Election Commission, New Delhi, whether the contesting candidates have

submitted their accounts of election expenditure within one month of

results of election, to the District Election Officer or not. The contesting

candidate who has not submitted the accounts of election expenditure or

has not maintained the accounts as per rules get notice from the Election

Commission as to why they should not be declared unfit under section 10

of the People‟s Representation Act, 1951 and the erring candidate has to

reply in this regard to the district election officer.

Thus, district Election Officer has to take care about expenditure on

election by the candidate.

Voters‟ List :-

(1) Government of India has made rules regarding methods of

preparing of voters‟ lists under People‟s Representation Act,

1950. thus, the Voters‟ lists are prepared according to the

provisions of the above Act and rules made thereunder in tune

with the constitutional provisions regarding right to vote. The

qualifications for eligibility of enrollment in Voters‟ lists are

covered under sections 16, 17, 18 and 19 of the Act. Under

 1078

section 14 of the Act, date first of the month of January of the

year in which the voters‟ lists are prepared or revised. Section 20

of the Peoples‟ Representation Act clarifies who is to be

considered as ordinary resident.

(2) Vide section 21 of the People‟s Representation Act, 1950, the

voters‟ lists are to be revised as indicated below unless the

Election Commission of India issues legal note and gives

instructions in writing otherwise :-

1. Before general elections of Lok Sabha and Legislative

Assembly;

2. Before holding by-election of the vacant seats of Lok Sabha

or Legislative Assembly.

3. In any year, in case the orders are issued by Election

Commission.

(3) The electoral rolls are prepared constituency-wise of Legislative

Assembly. The revision in electoral rolls is done either in details

or in abridged manner. Besides, when the Election Commission

orders to revise the electoral roll both in details as well as in

abridged manner, such revision can also be made. Further, the

Election Commission can also order for special revision. Thus,

there are four types of revision of electoral rolls.

(1) Detailed revision,

 1079

(2) Abridged revision,

(3) Partly detailed and partly abridged revision;

(4) Special revision.

Appointment of Polling Officers :- The appointments of Polling officers

and polling employees are made by District Election Officer under section

26 of the People‟s Representation Act, 1951. The election Commission,

by issuing instructions from time to time, have to make proper

arrangement for appointment of Polling Staff in an impartial manner and to

avoid any disturbance in election. The polling staff are not informed in

advance about their place of duty. Besides, polling employees are not

appointed in their own residential area. The polling employees are

appointed in the presence of Supervisors appointed by Election

Commission through random number generation technique on computer.

The staff members of the same office or same department are not

appointed at single place. The employees of Central Government are

appointed on more sensitive polling booths.

Electronic Photo Identity Card (EPIC) :-

The voter is provided with an identity card with his photograph by

the Election Commission to ensure free and fair election, to prevent voting

on other name and to establish an identity at the polling booth under rule

28 of Electoral Roll Rules, 1960. Under the provision of the rule, it is

 1080

decided to provide Electronic Photo Identity Card (EPIC) to all the voters

registered in Electoral Roll.

The voter is provided with the identity card along with signature and

seal of the voters‟ registration Officer of the design and size as prescribed

under guidance and instructions issued from time to time by the Election

Commission of India. This work is undertaken by the Voters Registration

Officer and assistant Voters Registration Officer of the concerned

Legislative Assembly Constituency, under the supervision and control of

concerned District Collector and District Election Officer.

The detailed programme of providing photo identity card (EPIC) has

been prepared by Voter Registration Officer and is given wide publicity

for information of the voters, in circulation with the concerned agency.

Election of Municipal Corporations/Municipalities :-

Under Article 243-VK of Constitution of India, the supervision,

guidance and control of elections of Municipal Corporations and

Municipalities are vested in State Election Commission. Accordingly,

under Bombay Provincial Municipal Corporation Act, Section14, sub

section (1) and under Gujarat Municipalities Act, 1963, section 6, sub

section 4, the supervision, guidance and control as well as its

administration are vested in the State Election Commission. The State

Government have made following rules for elections of Municipal

Corporations and Municipalities:

 1081

(1) Bombay Provincial Municipal Corporation; and

(2) Gujarat Municipalities (Holding of Election) Rules, 1994.

Under rule 3 of both these rules, the Collector has been appointed as

City Election Officer and District Municipal Election Officer respectively.

Besides, under the following notifications issued by Urban Development

and Urban Housing Development Department of State Government, the

services of District Collector and other revenue Officers are made

available to the State Election Commission, for the purpose of elections.

(1) No. KV-1028-94-NPL-4593-3576-M, dtd. 5-2-1994;

(2) The Notification by State Election Commission No. RCP-CLtn-NP-

CLAN-94, dated 8-6-1994.

Under the above mentioned provisions, the State Election

Commission has to carry out the functions related to constitution of wards,

mapping and allocation of seats. The Collectors play key role in

submitting the proposals in this regard. Besides, the Collector-cum-

District Election Officer has to undertake the working of conducting free

and fair election at district level under direct guidance of State Election

Commission.

Election of Panchayats :-

Under Article 243-D of the Constitution of India, the supervision,

guidance and control of Panchayat elections are vested in the State

Election Commission. Under Gujarat Panchayat Act, 1993, section 15, sub
 1082

section (3), the supervision, guidance, control and administration of

Panchayat election are vested in State Election Commission. The State

Government have made Gujarat Panchayat Election Rules, 1994 for

Panchayat Election and they are in force. The Panchayats, Rural Housing

and Rural Development Department vide its notification No. KP-208-94-

ELC-1094-3249-G, dated 12-9-1994, have placed the services of

Collectors at disposal of the State Election Commission for election

purpose. The State Election Commission have vide their orders No.

RCLP-CLTN/JiTaP-DEO-95, dated 2-3-1995have appointed District

Collectors as District Election Officers under Gujarat Panchayat Election

Rules, 1994, Rule (2), sub-rule (1), clause-Ch. Besides, the State Election

Commission, vide order No. SEC-CLC-DLP-VP-95, dated 19-4-1995,

have for elections of the Village Panchayats, have delegated the powers of

the State Commission to the District Collectors under Gujarat Panchayat

Act, 1993 section-15 and under Gujarat Panchayat Election Rules, 1994,

Rules 5, 8, 9, 18, 22, 23, 34, 35, 48, 49, 60 and 63 as Officer of he State

Election Commission. The powers of mapping of the wards and allocation

of seats for the elections of village Panchayats have also seen delegated to

District Collector, as Officer of the State Election Commission, by the

State Election Commission. Under this provision, the Collector is now

responsible for all the functioning of holding of Gram Panchayat elections.

But for the election of Districts/taluka Panchayats, the State Election

 1083

Commission has to constitute the constituencies, mapping and allocation of

reserve seats etc. but in preparing and submission of proposals in this

regard, the district Collectors play key role. Besides, all the

responsibilities for holding free and fair election at district level under the

direct supervision of State Election Commission lies with District

Collector in the capacity of the District Election Officer.

Gujarat Co-operative Act, 1961 and Election of Co-operative Societies and

Rules regarding Election of Co-operative Societies, 1982.

In chapter 4 of Gujarat Co-operative Societies Act, 1960,

establishment of various kinds of Co-operative Societies, their duties and

their privileges have been described. Besides, Gujarat Co-operative

Societies Election Rules, 1982 hae been made, and provisions have been

made entering chapter 11(1) (Election of several Committees of Societies

and Officers) of Gujarat Co-operative Societies Act, 1961 section 145 (a)

to 145 (z). In view of these provisions, Collector has to conduct the

election of these societies which are indicated in section 74(c) of Gujarat

Co-operative Societies Act, 1961. As per the Gujarat Co-operative

Societies‟ Committees Election Rules, 1982, for conducting these

elections, as per definition under section 145(B) of the Co-operative Act,

Collector means Deputy Collector or any Officer not below the rank of

Deputy Collector as appointed by Government. For election of the

indicated Societies, Prant Officer has to act as Collector. Section 74(C) of

 1084

the Co-operative Act, describes which of the societies and which of the

committees of the societies, the members/officers of which are included in

indicated societies‟, for which the Collector is to conduct the election.

Thus, the top most co-operative institutions, district co-operative banks,

Gujarat State Agriculture and Rural Development Co-operative Bank Ltd.,

Co-operative Purchase and Sales Unions of the State, Co-operative Sugar

factories, Milk Producing Unions of the districts, district and taluka level

Co-operative Processing Societies and any other societies which have been

declared as „indicated societies‟ are included in this. Besides, it also

includes those Co-operative Societies and those Co-operative Institutions

which are indicated by the Government by using notification from time to

time.

For the purpose of holding election of these indicated societies or for

holding elections of management Committees of indicated societies under

sub section (2) of section 145(G), the Gujarat indicated societies‟

Committee Election Rules, 1982 are made and the election of such

indicated societies are held as per provisions contained under these rules.

The rules also contain formats of several legal forms to be used in the

process of elections. After holding elections of the managing Committee

members of such indicated societies, the election of the office bearers such

as President/Vice President/Chairman/Vice Chairman etc. are held as per

provision of Section 145(Z) of the Co-operative Act. Under this provision,

 1085

after holding the election of the members of the management Committees

for holding the election of concerned office bearers of the indicated

societies; when the meeting will be held of the members/Committee, only

the Collector of any other Officer appointed by him for this purpose, will

be the Chairman of that meeting. Thus, when the election of the

President/Vice President etc. of the indicated societies are to be held, such

elections are to be held only by Collector himself or by the Officer

appointed by him for the purpose.

For election of members of the indicated societies or for elections of

their President/Vice President etc., the by-laws of the concerned co-

operative societies apply. Therefore, it is very much necessary to study

these by-laws of the concerned societies carefully. Each co-operative

society has its own by-laws which may be distinct from others. These by-

laws have been approved by a competent authority in co-operative

Department. Therefore, it becomes necessary to study them at the time of

each such election. The legal clarities that exist in the elections of

Legislative Assembly/Lok Sabha/Taluka Panchayat/District Panchayats

etc. are not present in the elections of co-operative societies (The legal

matters are very complicated or confusing here). Besides, when the

election officer is not associated or conversant with co-operative

department, he/she may not be aware about latest and up-to-date

provisions of co-operatives. That is why, when the elections of such

 1086

societies/Committees are held, it is necessary that one takes into

consideration the latest and up-to-date provisions of concerned by-laws of

the indicated co-operative societies or even those of co-operative act. As

per Agriculture/Co-operative and Rural Development Department of

Government of Gujarat Notification No.

DhKh/1094/42/CSA/1093/2272/G, dated 21-9-1994, the Prant Officer

have been declared as Collector in their sub-division jurisdiction, and they

have been empowered to use all the powers as collector under chapter

11(a) within their sub-division.

 1087

CHAPTER 60

Disaster Management

The geographical conditions of Gujarat State is such that every year

average small or big natural calamities occur and consequently the

Government machinery gets engaged in it. Mainly the State faces

following types of disaster off and on :-

1. Earth Quake, (2) Scarcity, (3) Cyclone, (4) Heavy rain/flood.

Besides, following unfortunate events also take place :-

1. Fire accident,

2. Accidents of vehicles (including road, rail and air).

3. Industrial accidents (where chemicals/gas leakage or blasts take

place)

4. Concerning Human health (such as epidemic, food poisoning, drink

poisoning etc.)

5. Concerning animal health or loss of crops by birds (Foot and Mouth

diseases, attack by locust).

6. Civic movement and communal riots.

In order to meet with the disasters taking place, various Departments

were deployed and emergency services, relief and rehabilitation services

were provided but due to absence of prescribed procedure, level of

responsibilities, delegation of power and principles of disaster

management, there was loss of time, energy and money.

 1088

On the basis of experience gained, the State Government enacted

Disaster Management Act, which is known as Disaster Management Act,

2003. Under the Act, the Government has also formulated a policy for

Disaster Management.

Objectives of the Act.

The objectives of the Act are :-

 Effective management of disaster;

 To lessen the impact of disaster;

 To manage the relief work during and after disaster;

 To make this work simpler;

 To co-ordinate, supervise and control;

 To implement the action for re-construction and rehabilitation after

disaster in the State and to supervise, control and co-ordinate such

action.

The act, with the above objective, aims at establishing Gujarat State

Disaster Management Authority, as also to indicate other agencies and also

to provide for the matters associated with and ancillary to it.

In sections 23 and 24 of the Act, there is a provision for powers and

duties of the Collector.

Section 23 :-
 1089

(1) When any area is affected by disaster, the Collector, during that

period will order the officers of various departments of

Government and local authorities to provide immediate

emergency relief according to Disaster Management Scheme.

(2) The Collector can undertake following functions :-

(1) To release the available fund and to arrange for its use;

(2) To control and prohibit the traffic towards disaster

affected areas or from that area or into that area;;

(3) To control and prohibit the entry to, movement in and

going to the disastrous area or within it;

(4) To remove the garbage,

(5) To start rescue and relief work;

(6) To make appropriate arrangement for disposal of

unclaimed dead bodies;

(7) To provide alternative shelter;

(8) To provide food, medicines and other necessary goods;

(9) To order to carry out the relief work to the experts and

advisors associated with disaster management under

their guidance and supervision;

(10) To take custody and make use of property, vehicle,

equipment, buildings or communication means at

prescribed terms and conditions;

 1090

(11) To make special and priority based use of facilities,

whenever necessary;

(12) To construct temporary bridges and other

infrastructure;

(13) To remove unsafe infrastructure which are risky to

general public;

(14) To co-ordinate between non-government organizations

and to ensure their functioning in reasonable manner;

(15) To make publicity for combating the disaster;

(16) To make use of reasonable force for ordering migration

and enforcing the order in order to save the lives from a

disastrous place to all of people residing there or part

that of.

(17) If he/she deems it fit that such action is necessary for

protection of lives or that of property and if the owner

or tenant of such door or gate or stoppage is absent or is

present; but refuses to open it; then he/she can

authorize some person to open or get it opened the

door, gate or stoppage; and;

(2) The Collector can utilize powers given in sub-section (2) to the

extent necessary and for following purposes only :-

(a) to provide assistance and protection to the community;

 1091

(b) to provide relief to the community,

(c) to prevent disturbance or to face it;

(d) to meet with the destructive and other impact of the disaster.

(3) The Collector can order to the individual or to the Government

Agency and also can take necessary steps to prevent the disaster to

get accelerated or to make its impact slow.

Section 24 :-

(1) The Collector -

(a) should ensure that the actions to prevent, or to lessen its

impact or to make preparations to meet with such impacts, are

done according to prescribed guidelines;

(b) should provide information relating to various aspects of

disaster management such as precaution and preparation to

the authority;

(c) should ensure that the officers of the district get information

about arrangements to be made for disaster management;

(d) should ensure that district disaster management schemes are

prepared, amended and updated;

(e) should simplify the management activities before and after the

disaster and for ensuring it, should co-ordinate with local

Government offices.
 1092

(f) should simplify the establishing of community training,

awareness programmes and emergency services with the help

of local administration, non-government organizations and

private sector;

(g) should establish inter-departmental co-ordination on the

matters related to disaster management;

(h) should review the emergency plans, accidental plans are

guidelines;

(i) should ensure that the local authorities of the district and

involved in developing strategy to meet the disaster situation;

(j) should ensure that there is harmony between disaster

management activities and planning;

(k) should ensure that communication authorities are functioning

well;

(l) should ensure that fire fighting instruments and other

equipments related to disaster management are ready for use;

(m) should co-ordinate the reconstruction and rehabilitation

activities in the district;

(n) should help the authority in supervision and control of

progress and results of rehabilitation and reconstruction

activities;
 1093

(o) should exercise powers and carry out functions as delegated

by State Government, Authority and Commissioner.

(p) should exercise those other powers and carry out those other

functions as prescribed.

Collector.

The unit for disaster could be any local area, such as a village, town

or city or villages, towns or cities. Mamlatdar is considered to be a first

Officer in capacity of the local Officer for taking immediate actions

against impact of disaster on local areas.

The powers and functions to be exercised and carried out include

plan before the disaster, during the disaster and after the disaster. In the

circumstances, the Collector, in particular, has too carry out functions in

following way:

1. To be equipped - 1. People‟s awareness;

(before disaster) 2. Preparing a disaster plan;

3. To be equipped for combating the

Disaster.

2. Immediate reaction 1. To monitor, control and supervise

(during disaster) The working by local

administration.

2. To co-ordinate with Relief

Commissioner of the State.

 1094

3. To help migration of the affected

people and to provide them

immediate relief.

4. To manage shelters.

3. Re-construction and 1. To monitor and control local

Rehabilitation activities of re-construction,

(after disaster) 2. To manage the functioning of re-

construction and rehabilitation.

First Information Report (FIR) :-

The Collector, when he/she comes to know about disaster in any

area, should submit a First Information Report to the Relief Commissioner

as soon as possible. The FIR should include the brief description of

measures taken by local administration and the assistance required at

district level.

If there is no event of disaster, the NIL report also should be

submitted. This is a daily routine work and all the Mamlatdars should be

kept alert and take note and act accordingly.

Emergency Measures :-

1. To activate control rooms at district and taluka levels and

continuous communication with State Control Room;

 1095

2. To keep record of the goods, material, machinery and means

of communication and provide them to these villages/towns in

need.

3. To conduct Mock Drill of District Disaster Management

Scheme and make suggestions for additions and omissions in

the scheme.

4. To supervise the places of rehabilitation.

Phase-wise functions during disaster.

Any calamity, either natural or man-made has to be dealt with as

under:-

(1) Rescue Work :- When any disaster takes place accidentally or

naturally in the villages under one‟s jurisdiction, it is necessary to supply

the manpower and material for rescueing of people in accordance with

type of disaster. The concerned departments should be entrusted with the

responsibilities of providing hospital treatment to the affected people and

then to monitor and supervise it and to go ahead in planned way.

(2) Relief Work :- For various kinds of functions in accordance with

the type of natural or man-made calamities, the co-operation from the

office bearers as well as voluntary organizations along with that from

government machinery should be solicited to the fullest extent. The

provision for food, clothing, tents, pure drinking water, proper health care

etc. are primary and most essential and important requirements.

 1096

The management of all these should be done in following priority :-

1. To remove the affected people at safe place;

2. To remove the injured people to nearer hospital;

3. To make available the pure drinking water;

4. To make available as soon as possible, the food/edibles;

5. To provide clothing and blankets etc.;

6. To provide tents to stay.

(3) Survey Work :-

Immediately after any accidental event, it is most essential to collect

the preliminary information and to be informed soon. If one is not aware

of such primary information, it is most likely that there will be difficulties

in making a detailed survey and also a possibility of misuse of government

money by some anti-social people. It should be ensured that while making

detailed survey, the team consisting of officers and employees do not

succumb to the pressure of local leaders and political persons and that the

team includes only true and real facts in their survey report. The facts

contained in the survey report should be verified in the light of information

available with the Officer concerned. Only on that basis, the estimates of

loss can be assessed.

(4) Assistance :-
 1097

The assistance in the urban areas is to be distributed by Collector,

for which the instructions of Relief Commissioner should be followed.

(5) In any circumstances, both in case of natural calamity or man-made

calamity, the information and intensity are likely to be different. The

advance planninig is necessary in handling such calamities. The aspects to

be considered in such advance planning are manpower, availability of

materials, sources of assistance in case of more help is necessary,

availability in concerned district, what further assistance can be availed

from the neighbouring district etc. For this purpose, it is necessary to

prepare an action plan and to update it from time to time. Prant Officer

needs to be cautious in several matters, e.g.; when there is a possibility of

cyclone in a particular area during some definite period of time, the

preparation in accordance to the situation is very much necessary, e.g. the

cyclone storm usually occur during May-June and during

September/October on sea shore of Saurashtra and that too from

Bhavnagar to Jamnagar and Kutch coastal areas. Likewise, every year

during July and August both South Gujarat and Central Gujarat experience

heavy rains and floods. Therefore, at least in those districts, advance

planning becomes essential. Some way, in those border districts, where

there is a possibility of war, the civil defence training should be made

compulsory in those districts as well as in all major cities. In those

 1098

districts, where there are factories/industries manufacturing chemicals,

advance planning to meet with the situation of controlling gas-leakage and

chemical mis-haps are essential.

In order to provide for all such items in a phased manner, one should

fully utilize one‟s good and healthy relations for harnessing the serviceable

citizens, voluntary organizations, trained volunteers in providing help to

the affected people.

I.D.R.N. and S.D.R.N. :-

The Government of India has worked out India Disaster Resource

Network (IDRN) website and sent it to various districts. In the website,

the Disaster Resources at district level are shown and the information is

regularly updated and reviewed. Here also the details of district-wise

resources should be prepared.

Besides, Gujarat State Disaster Management Authority has also

prepared State Disaster Resource Network in co-operation with UNDP.

Proper attention to this will facilitate immediate reactions at the time of

disaster.

Village/Taluka/District Disaster Management Plan.

 1099

Gujarat State Disaster Management Authority has prepared Village

and Taluka Disaster Management Plan in co-operation with UNDP.

Proper guidance should be provided for proper planning for villages and

talukas. The Multiple District Disaster Management Plan is being

prepared as well as updated on this basis. Therefore, the Collector should

be active and continuously review this activity so that planning will be

done in precise manner.

 1100

R. I. C. Inspection
1101
 1102

CHAPTER - 61
Review of revenue / Administrative Work

Revenue inspection commissioner has decided 1 to 35 revenue

points with a view of comprehensive review of revenue work. It is

necessary to express the real picture of people oriented revenue work

carried out from rural level to district level by these statements. The

review of work of collectors is based on the details being submitted

from taluka head quarters. Keeping into mind these points, it is very

important to review the revenue work of employees working at taluka

level. It is true that no any aspect would be left untouched by reviewing

their work point wise. These points are as follows.

Statement Subject
No.
1 Statement of field work of Tour and Night Halt.

2 Rural records inspection (Appendix-A) and statement of

field work of general inspection.

3 Statement showing details of case-disposals.

4 Statement of await cases due to lack of information.

5 Statement showing details of disposal of cases/appeals

under various laws.

6 Statement of facts of details of cases of encroachments on

govt. lands in urban areas.
 1103

Statement Subject
No.
7 Statement of facts of details of cases of encroachments on
govt. lands in rural areas.

8 Statement of recovery of govt. dues.

9 Statement of recovery of revenue recovery certificates.

10 Statements of records of rights notes disposed of.

11 Statement of showing details of cases about giving non-

agricultural permission.

12 Statement of cases of construction done without non-

agricultural permission.

13 Statement showing details of cases of breach of condition

of non-agriculture.

14 Statement of disposal of govt. waste-lands.

15 Statement showing information of re-settlement and land

transfer of tribal land holders under section 73 AA of and
revenue code.

16 Statement of inspection works of subordinate revenue

offices.

17 Statement of disposal of paras of inspection notes.

18 Statement of information of settlement of villages.

19 Statement of information of disposal of pending pares of

settlement.

20 Statement of work of record promulgation.

21 Statement showing field work of Prant/Mamlatdars

 1104

Statement Subject
No.
22 Statement of disposal of papers entered in work sheet.

23 Statement of disposal of govt. papers.

24 Statement classification of record.

25 Statement showing details of credited record.

26 Statement showing details of destroyed record eligible to

be destroyed.

27 Statement showing details of implementation of Village

recdords of less-surplus statements record from survey
department.

28 Statement of information to assign the gamatal land.

29 Statement of information of cases of breach of condition

of land allotted at concessional rate, market rate on lease.

30 Statement of disposal of cases of land acquisition.

31 Statement of information of pending cases of inquiry.

32 Statement of details of compilation of A.G. audit paras.

33 Statement of details of court cases.

34 Statement showing details of grant and expenditure

incurred during month at relief head about -2245- natural
disasters.

35 Statement showing details of special work done by the

collector in the district.
 1105

With a view of doing effectively the basic revenue work and

regular review, it should be discussed and reviewed as per points as
decided by circular No. MTK-MKM-Vashi-933-2005 at 23/2/2005 of
R.I.C.

Points to be discussed in the meetings of revenue officers/staff

Point No.1- Citizen‟s Charter.

1(1) The govt. has fixed time limit of each work under the Citizen‟s

Charter. Whether the different types of applications/cases are

disposed of in time limit or not? Review each application record

wise.

Point No. 2- Pending papers of work-sheet and await cases

2(1) Review pending papers of work-sheet record wise and also the

pending papers of more than 15 days.

2(2) Whether reminder/ D.O. letters are sent in time or not in await

cases? Discuss.

Point No. 3- Application for reply in Lok Darbar.

3(1) Review pending applications record wise.

Point No. 4- Representations regarding on-line programme of

Hon.ble Chief Minister

4(1) Whether the applications under on-line programme are

disposed of on line or not? Discuss.

 1106

Point No. 5- Govt. letters / D.O. govt. letters

5 (1) Whether the letters are replied in time or not? Discuss.

5 (2) Due to which reasons the pending letters are not replied? Review

this letter wise.

Point No. 6- Letters of Ministers / M.L.A. and solution of assembly

questions

6(1) Discuss about immediate timely reply on receiving such letters.

6(2) Review for which reasons the pending letters are not solved.

6(3) Whether the replies are given in name or not in the office of the

minister and M.L.A. & Discuss.

Point No. 7 Clerk/ Dy. Mamlatdar Record Inspection.

7(1) Quarterly Programme is being fixed. Whether the concerned

employ/officer conducts inspection of Record or not? Review it.

7(2) Whether the concerned officer complies the points being

instructed at the time of record inspection or not? Review it.

Point No. 8 : Compilation of paras of pending inspection notes and

inspection of offices.

8(1) As per programme fixed, whether the inspection of Subordinate

offices is being conducted or not? Discuss.

 1107

8(2) Whether the timely compilation points missed at the time of

inspection of offices is being conducted or not?

8(3) Whether the compilation of pending points to be complied is

sent to the concerned officer or not? Review it.

8(4) Whether the inspection notes have been closed or not in which it

is granted under the right or all the paras are granted in those

inspection notes? Review it.

8(5) Review of pending work of compilation of inspection paras

about inspection conducted by the office of the Revenue

Inspection Commissioner, Gandhinagar.

Point No. 9 : Inspection Notes of A.G. Rajkot / Ahmedabad.

9(1) Whether the compilation of paras of pending inspection notes

has been sent to the concerned office or not? Discuss.

9(2) Plan for compilation of pending paras and procedure should be

done in such a way that compilation of not a single para is

pending.

Point No. 10 Census of Cases :

10(1) Whether the pending cases from each record have been taken

into consideration or not? Discuss.

 1108

10(2) Whether the procedure for speedy submission of compilation

report by the concerned Subordinate officer for disposal of all

report by the concerned subordinate officer for disposal of all

pending cases rightwise calculated is being held or not? Discuss.

10(3) Prepare a list of pending cases of more than six months, Review

to undertake the procedure of its disposal. Discuss it, and plan

that not a single case is pending.

Point No. 11 : About record of right and 7/12 :

11(1) Give instructions to the concerned officer/ employee that it

should not remain to be certified by the competent officer the

notes entered in record of rfight and also should not remain to be

entered in record of right the heiriditarynotes. Discuss with

statistical information the pending works.

11(2) Review the pending work of Record computerisation.

Point No. 12 Disposal of Lands :

12(1) Review the procedure of disposal of land, which became surplus

under the Gujarat Agricultural Land ceiling Act and Urban Land

Ceiling Act.

12(2) Review the procedure for disposal of open plots from which the

encroachments are removed.

 1109

12(3) Review the applications to be given on lease for other purpose

and quarry lease/mining lease.

12(4) Whether the stamp duty is being paid or not before giving

possession under the order of sanctioned land? Review it

orderwise.

Point No. 13 Tenancy :

13(1) Review pending applications for agriculture purpose to be

changed for new tenure to old tenure.

13(2) Review pending applications for nonagriculture purpose to be

changed for new tenure to old tenure.

13(3) Reviews work of pending cases for taking possession of lands

declared as government under the tenancy Act.

13(4) Review of pending recovery of Tenancy loan.

13(5) Whether proper verification is being done for such survey

numbers by the field officers with a view of that no breach of

condition in the lands of new tenure.

Point No. 14 pending cases under various Acts. :

14(1) Review such cases which are pending on different records in

office.
 1110

14(2) Plan for speedy disposal of pending cases of more than six

months.

14(3) To be implemented by giving proper guidance by reviewing

procedure of admitting KAVIT, procedure to lift prohibition

order for doing affidavit, to submit remarks in above cases and

review progress regarding procedure of pending cases in other

courts and civil count, High Court, Supreme Court and to submit

in time the cases to be sent in Appeal.

Point No. 15 Record, Dead Stock, Library :

15(1) How many files are pending record wise to be classified, review

with statistical details.

15(2) Implement procedure to destroy by collecting details record wise

that how many files are pending to be destroyed record wise.

15(3) Whether it is noted or in its “list” and placed in the record room

the files classified? Review pending work.

15(4) Whether the records are properly maintained or not by taking

actions of maintenance and to keep the record room clean and

neat? Review it.

15(5) Whether the dead stock register has been maintained in its latest

manner or not?
 1111

15(6) Whether all the items have been credited in the dead stock

register purchased for office or not ?

15(7) Whether the books of library have been noted in the register or

not? And it is maintained or not? Review the above mattes.

Point No. 16 : To submit periodical statements.

16(1) Whether the monthly and quarterly statement are regularly

submitted or not to the Revenue Department and Revenue

Inspection Commissioner, Gandhinagar? Review it.

Point No. 17 : Maintenance of Prescribed Registers :

17(1) Whether the registers are being maintained or not prescribed by

the GAD/ Revenue Department/ Revenue Inspection

Commissioner, Gandhinagar office and, if they are maintained in

a lates manner? Review it.

17(2) Special verification of following register should be carried out at

the time of meeting :-

- Prolonged census Register

- Control Register of Inspection paras

- Register of Govt. dues

- Register of Govt. await cases

- Cash Book

- Register of Section 65,66, 67

 1112

- Register of Pending cases under various Acts.

- Central Register of pending court cases.

Point No. 18 : E-Governance :

18(1) Review of work about Land Record Computerisation.

18(2) Review of use of G-swan net work.

18(3) Whether the software are used provided by GAD and NIC or not?

Review it.

18(4) Review about giving training of Module-1 and Module-2 to the

Employees.

Point No. 19 : Diary

19(1) Whether the diary is being regularly collected from the

subordinate Prant officers / Mamlatdar or not?

19(2) Whether remarks are submitted in time or not about Diary ?

19(3) Whether the compilation of submitted remarks is sent or not?

Point No. 20 : Work about Accounts and Employees :

20(1) Whether verification of cash book and balance is carried out or

not regularly by the competent officer? Discuss.

20(2) Review the work of preparing pension case of employees to be

retired in near future and plan as they are not delayed.

 1113

20(3) Review the work of Duplicate service books of employees and

about. completion of nomination latest details.

20(4) Instruct the concerned for speedy disposal of Advance application

and different types of leave applications of employees.

20(5) Review of cases of primary cases and Departmental inquiry.

Point No. 21 : Non-Agriculture :

21(1) Review of pending applications for disposal as decided by the

Government of non-agricultural applications.

21(2) To initiate to avoid from the concerned office in time-limit for the

opinion of applications for non-agriculture (No Objection

Certificate)

21(3) Review of work to detect cases of breach of condition if any,

which have been given permission of non-agriculture.

21(4) Review that no any case is pending for more than six months, by

reviewing pending cases for disposal under section 66, 67 of Land

Revenue Code.

21(5) Whether construction has been started or not in all cases, which

have completed six months after receiving non-agriculture

permission on the date of meeting? Whether information has been

asked or not about it after conducting Panchnama? And if breach

 1114

of condition is found, review the work of admitting case of breach

of condition.

21(6) Whether the construction is all cases has been completed or not in

which three years have been completed after giving non-

agriculture permission? Review should be carried out for the work

to admit case of breach of condition if it is not completed and to

get information by conducting on the spot-panchnamas.

21(7) Whether the commercial use have been done or not without

getting permission of change in purpose? And its report has been

got or not by its verification?

21(8) Review of work repairing record and to measure cases of non

agriculture.

21(9) Review of pending cases for giving Sanads in non-agriculture

cases.

Point No. 22 : Confidential Report

22(1) Whether the Confidential Reports of all employees/officers have

been written or not in a time-limit prescribed by the Government?

And whether it is kept in custody by timely evaluation of it or

not? Review in details.

22(2) If there is an adverse remark in confidential records, then the

details of procedure done in this regard.

 1115

Point No. 23 : Agreement of Moveable / Immovable Property and

Bail-Bond.

23(1) Whether the Agreement and Bail-bond of all officers/employees

have been got or not as per the instruction of the Government?

Review it.

Point No. 24 It should be discussed keeping in mind the local

situation of other matters not included in above points like :

24(1) Regular attendance of employees in time.

24(2) Law and order

24(3) Scarcity, Flood, Earthquake, Disaster Management.

24(4) Small Savings, election etc.

24(5) Other items.

 1116

CHAPTER – 62

Common/ Serious defects being committed in the Revenue offices

and its removal.

Preface :

1. To stream line the revenue work, whether it is conducted without

delay following govt. policy and provisions of law, the inspection

of revenue offices is being conducted by the commissionerate of

revenue inspection as per the prescribed programme. In which,

the work of revenue branch of dist. /taluka panchayat and all

subordinate offices of the collector is observed and by pointing

out short-comings, instructions to comply it are being given. The

goal of inspection is to make the administration more speedier

and people-oriented and to remove draw-backs, to stop repiatation

of mistakes and the people‟s grievances are solved systematically

and speedily in that direction and it is the goal to give guidance to

the revenue administrative machinery.

2. It is felt by experience that some general and serious short-

comings are found in revenue administration and by finding

them, instructions have been given to remove them by the circular

of revenue inspection commissioner‟s No. MTK-VHT-Diary-

1515-2005 dt. 6/10/2005.

 1117

3. General short-comings of administrative type are continuously

committed from time to time in inspection carried out by

inspection teams of here of the subordinate district revenue

offices of the revenue dept. instruction are also being given to

remove such short-comings at the time of inspection of the

offices. It has come to the notice from the inspection of revenue

offices by this branch that the instructions given in the inspection

notes are not completely and properly followed.

4. The basic aim of inspection is to make district administration

more efficient, and to remove short-comings. The list of common

short-comings is as follows being repeatedly committed from

time to time in the inspection carried out by this office. The

purpose for pointing out these draw-backs is not as fault-finding.

But, these have been shown in this list with a view of improving

their work and to guide concerned offices. As these draw-backs

are repeated from time to time, as a result, the time and energy of

the govt. is wasted. The common draw-backs have come to the

notice being committed in the revenue offices of the district.

(1) The compilation of pending inspection notes is to be done

within two months after the inspection is over. Negligence

is being found in this regard and no compilations of paras

are submitted since long years.

 1118

(1) The compilation of pending inspection notes should

be undertaken on priority basis.

(2) To forward regular reminders to the subordinate

offices for timely compilation of settlement

inspection notes.

(3) The head of offices should allot one day in a month

to get details of situation of pending inspection

paras.

(2) Following procedure should be held as follows about

balance sheet of work-sheet to keep control on delay of

pending cases.

(1) To prepare monthly balance-sheet in time.

(2) The head of office should sign the balance-sheet

every fortnight after verifying it.

(3) Work of calculation of pending cases and its disposal.

(1) To see that primary reports are regularly submitted

in time by properly calculation of the pending cases.

(2) To see that model registers of pending cases calculation

are maintained properly in a latest manner every year

in a prescribed form.
 1119

(3) To see for immediate disposal entering in personal

file after verifying about delay is made for which

reasons for pending cases of more than two years.

(4) The govt. should see that the proposal is prepared by

indicating provisions of law/rules/circulars and in

different check list as prescribed.

(5) To see that the prolonged cases are disposed of in

time as prescribed in the citizen‟s charter.

(4) The MPK and MPKH registers of periodical statements are

not maintained as per schedule 4 and 5 of office procedure

(except sachivalaya)

(1) To maintain MPK and MPKH registers in proper

form.

(2) To note regularly the periodical statements in MPKH

registers.

(3) To verify by own self by head of office about this

matter.

(5) The Registers of Government/ D.O. letters are to be

maintained as per schedule-19 of the office procedure

(except Sachivalaya) and as per schedule -35 of Assembly.

 1120

(1) These registers should be regularly maintained as per

calendar year.

(2) Entry should be made for each Government/Semi

Government and Assembly questions.

(3) Entry should be made for all letters in the register of

Government letters submitting by the head of the

Department and the State Government.

(4) The head of office should sign the balance sheet of

Government/ Semi Government letters after verifying it.

(5) The register of Assembly questions should be

examined twice in a week when the Assembly is in section

and once in a week when the Assembly is not in session.

(6) The head of office should declare his quarterly

programme for inspection of record of employees of his

office at frequent intervals.

(1) It must he seen about the record inspection

instead of filling only the form of record

inspection.

(2) Record should be actually inspected instead of

filling only the form of record inspection.

 1121

(3) It should be specially verified that the

compliance of earlier draw-backs has been

completed or not?

(7) The inspection of subordinate office has to be

completed by the Heads of Departments in the

concerned years as per the programme fixed.

(1) Inspection of Records of the subordinate

offices should be strictly conducted as per the

programmes.

(2) With a view of maintaining uniformity of

inspection, it should be conducted as per form

of Annexure-34 of the office procedure.

(3) Care should be taken about immediate

compilation of pending points after the

inspection.

(4) Reading of inspection notes should be done

regularly.

(8) Care should be taken about immediate compilation

of pending points after the inspection.

(1) Attestation certificate in cash-book must be

given every month.

 1122

(2) As per rule 55 of the Financial Rules, cash-

book and cash must be casually checked every

month regularly.

(3) Copy fee and permanent Tasalmat Register

should be properly verified by maintaining it

in a proper form.

(9) As per the instructions givenby the circular No.

LND-3978-CH- dt. 16-12-78 of Revenue

Department, regular verification of Government

survey Nos. should be conducted as prescribed rules

by the tour officers.

(1) As per this circular, Govt. survey Nos. Should

be verified during tour.

(2) Subordinate officers especially, circle officer/

circle inspector should verify government

survey Nos. during tour and it should be

mentioned in their diary.

(10) The disposal of applications for Arms permission

should be done in a proper time-limit.

(1) Such applications should be disposed of within

75 days.
 1123

(2) Licences should be renewed in time.

(3) If licence Registers are torn out, then it should

be newly prepared and maintained.

(11) In the cases of land acquisition, there is a delay at

each stage. Due to delay of working system, Time-

table is disturbed.

(1) Prescribed time tables as per rules of land

acquisition should be maintained.

(2) Procedure should be undertaken to receive

amount of award from the Acquisition

Organisation in time.

(3) After announcement of Award, the payment

should be made in time limit.

(4) The disposal of cases should be done at

prescribed rates by the Land Acquisition

officers.

(12) Record classification of files and destroyable files

are not being destroyed properly.

(1) Classification of Records should be done in

time.
 1124

(2) Files classified should be credited in the

Record Room.

(3) Procedure should be done as per rule by

preparing list of destroyable files.

(4) Care should be taken that there should not be

any difference by direct physical verification

and details shown in R/C statement 12 (a) (b)

(c).

(5) Maintain cleanliness keeping record room well

arranged.

(6) Fire distinguishers should be in working

condition. Care should be taken that filling is

done regularly.

(13) Physical verification certificate is to be given on 30

June every year in the Library Register and Dead

stock Register.

(1) Such certificate should be given in a

prescribed time limit.

(2) Library Register should be maintained in latest

manner.
 1125

(3) Compilation of books should be done

properly.

(4) On the occasion of transfer of

officer/employee taking and giving over

charge should be done by issuing certificate.

(5) Dead stock register should be maintained in

latest manner.

The price of item should be shown in it in the

concerned column.

(14) It is necessary to maintain files of standing orders in

a latest manner for efficient administration.

(1) Files of standing orders should be maintained

in a latest manner by getting latest orders/circulars of

the Government and in an arranged manner.

(2) The index, page Nos. and Circulars should be

properly co-ordinated in these files.

(3) The files of circulars should be maintained

subjectwise.

(15) Special attention should be given for the following

aspects in the cases disposed of.

 1126

(1) Mainly page Nos. should be given.

(2) Daily-worksheet should be written.

(3) Complete information should be mentioned in

the prescribed check-list by the Government in

disposal of the concerned case.

(4) Care should be taken that round seal of office

in the order is stamped.

(5) Base of Issue of Notice with its date and final

orders should be kept on files.

(6) The maps showing situation of four directions

with the situation and place of land during Panchkyas

by the field officer should be made.

(7) Original copy should be used instead of using

photo-copy of village form No. 6 and 7/12 in case

papers.

(8) Care should be taken for disposal of case as

per the following time-limit.

(a) Chapter Case : Six Months (b)

Deportation Case: 3 months (c) Revenue Case : Six

months.
 1127

(16) Target has been fixed abut tour-work to be done as

per circular No. PTA-1090-270-D dt. 17-1-90 of D

Branch of Revenue Department.

(1) Tour and night halts must be done as per

target.

(2) Verification of Village Record should be done

as per prescribed standards.

(3) Farmers Khatavahi should be verified as per

prescribed target.

(17) Revenue officers have to submit their monthly diary

about the work in time.

(1) Monthly diary should be submitted by each

officer regularly in time.

(2) Remarks should be submitted in prescribed

time-limit about submitted diary.

(3) Compilation of remarks submitted should be

immediately forwarded.

(4) Remarks should be submitted properly about

diaries of subordinate Circle Inspector/ Circle

Officer.
 1128

(18) Sufficient care should be taken for recovery of

Government dues by the Mamlatdar at taluka level.

(1) On completion of Revenue year, procedure of

Tharav Bandh should be completed in time.

(2) The list of defaulters should be prepared in

latest manner and its copy must be kept with Prant

officer, Mamlatdar and Circle Officer.

(3) Taluka wise register for recovery of

Government dues should be properly maintained in

latest manner.

(4) As per provisions of Land Revenue Code, the

procedure for forfeiting should be implemented in

time after completion of its period by giving notice.

(19) Work of non-agriculture breach of condition.

(1) The Registers in prescribed form of section 65,

66, 67 should be maintained in latest manner of the

Land Revenue Code.

(2) Case of breach of condition should be

disposed of immediately by issuing notice, if the

breach of condition is found, by verification of on the

 1129

spot, whether the conditions have been followed or

not as shown in non-agriculture order.

(3) Verification of non-agriculture survey Nos.

should be done during the tour of all the field

officers.

(4) Procedure to give Sanads should be

immediately completed.

(5) Procedure of Record repairs should be

immediately completed.

(20) Village Control Register should be maintained in

form of Annexure-20 as per the instructions given by

para 45 of chapter-6 of the book of office procedure.

(1) Village Control Register should be maintained

in its latest manner.

(2) Proper details should be written in all columns

of Register.

(3) Confidential Records should be kept in the

custody of proper officer.

(22) There should not be carelessness in regard to an

important matter of Departmental inquiry.

 1130

(1) Review of cases of Departmental inquiry

should be done at frequent intervals and its report

should be submitted to the Inquiry Officer in time.

(23) Verification should be done as shown in a prescribed

form and should be submitted to the Government by

inspecting the monthly tour diary of circle officer/

circle inspector and by this way, the revenue record

would be up dated.

(24) Inspection is conducted in the revenue offices of the

district by this office regarding administrative work.

It is the main aspect to maintain the register in latest

manner regarding concerned subjects in the best type

of administration in the office. Register are to be

maintained in two types as follows.

(1) In a prescribed form as decided by the

Government.

(2) In a form as convenient to the administration

of the office.

The above register would have to be maintained as

per the details of the Annexure enclosed herewith.

 1131

(25) The collector should review every month with

purpose the work of Prant officer and Mamlatdar. It

should be kept in mind that whether the proper

implementation has been done or not about the

remarks given about less work and what type of

approach has been adopted by the Prant officer and

Mamlatdar about remarks given every month in such

review. After doing such review, if it is found

necessary, when any adverse note against a particular

officer is to be taken, then it should be informed by

name to the concerned officer. Though, there is no

improvement found in his work, necessary adverse

remarks should be entered in his Confidential Record

of the concerned year. Moreover, if his work is

continuously found very weak, then the report should

be submitted to the government. This report should

also be submitted to the Commissioner (Revenue

Inspection) and the secretary by name.

(26) For the work of prant officer also, the collector

himself should keep a note in their “ephemeral roll”

for weak and inefficient work of a particular officer,

reviewing his personal work performance in regard

 1132

to the instructions given above for each quarterly

period. At the time of reviewing work for a quarter

period, details should be kept in mind about RIC

statement 222(8) to be submitted to the government.

To improve weak performance of the prant officers,

guidance should be given and instructions by letters

should also be given to them personally. When such

personal instruction letters are submitted to the

government in RIC statement 222(8) for information,

then its copy should also be submitted to the

government. If such particular officers are found

neglecting the remarks and instructions continuously

for their quarterly weak work, then necessary adverse

remarks should be made in their confidential Records

of the concerned year and a comprehensive report

with facts should be submitted by the collector to the

government.

(27) The declaration of immovable property of an

employee should be maintained properly by getting

them at prescribed intervals and the register of

security deed should be maintained in a prescribed

form in latest position.

 1133

(1) The declaration of immovable property should

be got at frequent intervals.

(2) Register of Security deed should be

maintained in latest position.

(3) The declaration of all the employees should be

got at frequent intervals and submitted to the

collector and the declarations of the Gazetted

Officers should be got every year and submitted to

the government.

(4) Verification must be done on 1st August very

year about the existence of bail of security bond and

his solvency.

(5) The security bond of transferred employee

should be submitted to the concerned office.

(28) The officers should convene the meetings regularly

for the employees working under them to improve

their efficiency of work.

(1) The meetings of employees should be

convened at regular frequent intervals.

 1134

(2) By taking into consideration the points of

previous meetings, the works of the employees

should be reviewed.

(3) Discussion should be held in the meetings as

per the points fixed by a circular dt. 27-2-2005 of

this office.

(4) The problems and questions of employees

should be discussed in the meetings.

(29) Constitution of Employees Welfare Committee at

taluka and district level.

(1) Instructions of Resolution No. SGO-1078-

Welfare dt. 16-2-78 of the government should be

implemented.

(2) Activities of Employees Welfare should not be

stopped.

(3) Committee for Employees Welfare should be

constituted and convened.

(30) The Master-roll of the office is most important

evidence for the watch over the employees.

 1135

(1) Each employee should sign regularly in muster

roll and time for his arrival in the office should be

marked in it.

(2) The accounts of casual leave should be marked

in the master roll in a latest manner.

(3) The details of “tour-officers” must be shown

in the master roll.

(4) The head of office must verify muster roll

regularly.

(31) The Head of office is responsible to maintain service

books of his subordinate employees in a latest

manner. Care should be taken as follows to remove

general draw-backs about service book.

(1) Service Books should be kept in a latest

manner.

(2) Affidavits of employees should be got about

the allegiance to the constitution of India.

(3) Attestation should be made about birth dates.

(4) R-Branch should make entry in the service-

books of employees by very five years.

 1136

(5) Register of Duplicate service books of

employees should be maintained in latest manner

after taking signature, it should be given to the

concerned employees.

(6) Attestation of Service of employee should be

done with Pay-Bill and it should be noted in his

service book also.

Instructions should be given in the monthly meeting of the

Revenue Offices about that, general drawbacks as above should not be

repeated from time to time and all concerned should also be instructed

by the Head office of Branch Head to adopt such procedure that it

should be assured that such draw backs should not be committed by

every times.

The concerned office head should assure that such general draw

backs should be removed before the inspection to be held in future by

this office. The certificate in this regard should be submitted before the

inspection in removing these draw backs by inspecting the office by him

self. Note of carelessness of the officer failing in removing these general

draw backs will be taken. This circular should be followed by the

subordinate offices properly.

 1137

CHAPTER - 63
Questionnaire for Inspection of Revenue Offices

Preface:

1. Inspection is being conducted as per the prescribed programme by

the office of the Revenue Inspection Commissioner with a view of

conducting inspection by taking into consideration the changed

circumstances and to bring effectiveness in the work of inspection of

revenue offices. Similarly, the collector has to conduct annual inspection

of subordinate offices like Mamlatdar Office, Prant office, City Survey

office and DILR office. Inspection of these offices is being conducted

by the team under the leadership of Chitnish or Addl. Chitnish by

framing programme from the collector office as per the inspection of all

the offices during the year. Casual inspection is conducted by the

collector during the year for one or two revenue offices. The programme

as per this schedule is being declared regularly by the collector office

very year.

2. Implementation has already been started by the Revenue

Inspection Commissionerate by rectifying a booklet of new

Questionnaire by improvement of the years long old inspection system

to bring effectiveness in the district collectorates and other revenue

offices in the state. The questionnaire for inspection of collector, Prant

 1138

and Mamlatdar offices has been pubished by a circular No. MTK-VHT-

office inspection-242-2005 dt. 13-9-2005. This questionnaire has been

submitted to all the offices for its implementation. Thus, it would

become most easy for administration to undertake this work point wise

as per the points as mentioned in it and qualitative compilation would

also be done at the time of inspection. All the collectors have to see that

the inspection of their subordinate Prant and Mamlatdar offices is

conducted as per the questionnaire published by this office for

inspection of the Prant and Mamlatdar offices. The details of

questionnaire for inspection of collector‟s office are as follows.

Collector‟s Office

Part-II (For Inspection Team)

Para No.1 Muster Roll and Movement Register and Casual Leave Card.

(K) Muster Roll and Movement Register :

1. How the Master Roll been maintained in the office in a prescribed

form as per calendar year properly ? Examine.

2. Whether the Dy. Collector/ Sirastedar verify the muster roll daily

or not?

3. Whether each employee of the office puts his initial and notes

down the time of his arrival in the office or not ?

 1139

4. Whether the accounts of casual leave of employees are being

maintained in the muster roll properly in latest manner or not?

And whether the notes of casual leave card are tallied with the

notes of muster roll of casual leave or not?

5. As per the instructions of the Government, the employees in the

subordinate offices remain present or not on their duties regularly

and in time?

6. Whether the movement register has been maintained in the office

for the movement of the employees or not? Properly and in latest

manner? And whether the Dy. Collector verifies it or not from

time to time and Examines.

Para No. 2 Inspection note and A.G. Audit objections :

(K) Inspection Note :

1. How many points remain to be compiled note wise of remaining

inspection notes. This should be examined and verify the

justification of its by getting the reasons for delay.

2. What actions have been taken by the collector that mistakes are

not committed again which are generally being repeated?

Examine.

3. By maintaining “Check Register” in a latest proper manner in the

office for inspection notes and by calculating balance sheet of

 1140

remaining points for solution note wise every month, whether the

signature of the Head of office with date is being taken or not?

And whether the collector instructs or not about serious,

important and of long pending points? Verify it.

4. Whether the collector instructs or not by necessary

discussion/consideration about pending points of inspection notes

with the concerned employee/Branch Superintendent in the

meeting of employees/ Revenue Officers being held every month?

Verify it.

(KH) A.G. Audit Objections :

1. By maintaining “Check Register” in a latest proper manner in the

office for inspection notes, and by calculating balance sheet of

remaining objections for solution note wise for A.G. Audit by end

of every month, whether the signature of the head of office with

date is being taken or not? And whether the collector instructs or

not about serious, important and of long pending points? Verify it.

2. How may points remain to be complied note-wise of pending

A.G. Audit notes, verify it and verify it its justification by getting

reasons for delay.

3. Whether instructions are being given or not by necessary

discussion/consideration from the concerned employee/Branch

 1141

Superintendent in the meeting of the staff employees being held

every month? Verify it.

4. What actions have been taken by the collector that generally

repeated mistakes should not be committed again? Examine.

Para No.3 (1) Grant of Government waste land for the purposes of

Educational/ Sports/ Grave Yard (Examine two cases).

1. Whether the collectors have properly exercised his powers in

earnest manner allotted to them or not? Whether the existing

provisions of law have been breached or not? And if there is any

defect have about procedure in it? Examine.

2. The meeting of District Evaluation Committee is being held or

not every month as per the instructions of the government?

Procedure is being carried out or not? Its record is properly

maintained or not? And its minutes is being properly written or

not? Issue instructions regarding this.

Para No.3 (2) to 3(10) Two cases should be examined subject wise

out of detail of disposed cases shown as follows :

3(2) Disposal about appeal under section 203 of the Bombay Land

Revenue Code, 1979.

3(3) Disposal Work taken in revision under section 211 of the Bombay

Land Revenue Act, 1979.

 1142

3(4) Disposal work taken in revision under section 108(6) of the

Gujarat Land Revenue Rules, 1972.

3(5) Disposal Work about to give government lands on lease for the

purpose of salt industry/fisheries etc.

3(6) Disposal Work regarding to convert into an unlimited power type

by taking premium for the land of limited power type.

3(7) Disposal work regarding to give government land by exemption

in revenue under section 32 of Gujarat Land Revenue Rules,

1972.

3(8) Disposal Work regarding to give Arms Permission.

3(9) Disposal Work regarding to give No objection certificate” for

petroleum storage.

3(10) Disposal Work regarding grant of land / allot plot from

government waste lands for residences of Government

Employees.

Para No. 3 : Work Load :

(1) As per instructions in the Resolution dt. 2-1-99 of F.D. of the

Government, get the details of per head average disposal and

inward-outward papers as per calendar year of each employee

working in the office, and if there is more/less work load in any

 1143

office then the Head of office has maintained a system to

implement by reviewing from time to time to distribute the work

proportionately, Examine it.

(2) In how much time the chapter has been disposed of? If

unnecessary delay is found there, then submit remarks regarding

this.

Para No. 4 : Work Statements and Monthly Balance sheet.

Has every office maintained properly in latest manner the work

statements in a prescribed form ? and has every office put up as

per instructions of circular No. PKN-1088-1874-Vasata Pra (2) dt.

22-6-2004 of G.A.D. in each office and each records.

(1) Monthly Balance sheet of Work-sheet Disposal pending.

(2) Pending papers. (3) Await cases (4) Pending cases are

being put up before the office Head for perusal by

preparing with balance sheet regularly or not? Examine.

Whether the Head of office is regularly instructing or not

for speedy disposal of pending cases between one to two

years and more than two years and for remaining such

balance-sheets? Examine.
 1144

Para No. 5 : Periodical Report and RIC Statements :

(1) Whether the MP(K) and MP(KH) Registers are properly

maintained properly in a latest manner in a prescribed form of

suchedule-4 and 6 of Booklet of office procedure by different

branches in office (for offices except Sachivalaya)? Examine.

(2) Whether it is credited in the Records by classifying as per A, B,

C, D, list of files of periodical statements for which the annual

inspection is completed? Examine.

(3) Whether the Average Chart/Register of periodical statements

being submitted by the various branches of office has been

maintained in a latest manner on the table of the Resident Dy.

Collector or not? Examine.

(4) Whether the information submitted in periodical statements is true

or not? Review by verifying it through Records.

(5) Whether the periodical statements being submitted from the

offices are being sent in time, regularly? Examine it.

(6) Whether the Monthly/Quarterly/ Half yearly/ Annual statement

No. 1 to10 are sent in time regularly which are to be submitted to

the Revenue Inspection Commissioner, Gandhinagar by Circular

no. RIC/ 222/ 89 dt. 7-4-1989 of the Inspection Branch of

Revenue Department of the Government or not? And whether the

 1145

information mentioned in such statements is consistent or not?

Verify.

Para No. 6 Counting of cases :

(1) As per instruction of the Revenue Inspection Commissioner,

Gandhinagar, the calcuation of cases by the end of 30 th June and

31st December every year has been done regularly and properly or

not? Whether its primary reports are dispatched in time and

regularly or not? Examine it.

(2) The mid term Register in its prescribed form about counting of

case, calculation wise done every year have been maintained

properly and in its latest position or not? Examine.

(3) By getting list of pending case for more than two years, at which

stage and due to which reasons it has been delayed, Examine it

and whether it is being submitted to the Revenue Inspection

Commissioner, Gandhinagar, regularly with monthly statement

and diary of fact about disposal by taking on personal file by the

Head of office the pending cases for more than two years?

Examine.

(4) Whether it is being submitted in time and regularly per month the

monthly statement to be submitted to the RIC, Gandhinagar of

calculation of cases? Examine it.

 1146

Para No. 7 : Government letters, Semi Government letters, LAQs etc.

(K) Government Letters :

(1) Whether the latest Registers are being put up before the

Head of office for perusal every week by maintaining

properly in a prescribed form in the office after calculating

the balance sheet or not? Examine.

(2) Whether the Head of office has maintained a system to

give necessary instructions in the Register for disposal of

pending Government letters or not? Examine.

(3) Whether proper reply in prescribed time limit has been

submitted or not by asking government letters which are

disposed of? Examine.

(4) Whether the government letters have been disposed of in

time limit or not? Submit remarks about unnecessary delay

if any.

(KH) Semi Government letters :

(1) Whether the register as per instructions of the Government

in the office is being put up or not for perusal before the

Head of office by calculating balance sheet per month by

maintaining it in a latest manner? Examine.

 1147

(2) Whether the necessary instructions are being given or not

by the Head of office for disposal of pending semi

government letters in this register? Examine.

(3) Whether proper reply in prescribed time-limit has been

submitted or not by asking government letters which are

disposed of? Examine.

(G) LAQs and LSQs :

(1) Whether it is being put up for perusal of Head of office by

calculating balance sheet per week by maintaining latest

register properly in a prescribed manner in the office or

not? Examine.

(2) Whether the necessary instructions are being given or not

by the Head of office for disposal of pending cases in this

register? Examine.

(3) Whether proper reply in a prescribed time by asking cases

disposed of or not? Examine.

(4) Whether the system has been maintained or not to give

proper instructions about pending cases by signing with

date verifying this register twice by the Head of office

when the Assembly session is on as per the instructions of

the Government.
 1148

(GH) Letters of MP/MLA :

(1) Whether the latest register has been maintained properly or

not in the office as per instructions of G.A.D. ? and whether

a system has been maintained to implement it in prescribed

9 category wise or not? Whether a system has been

maintained or not to put up for perusal the Register be fore

the Head of office or not by calculating balance sheet by

the end of every month? Whether the receipt is being sent

or not in prescribed time for the letters received? Whether

the reply has been properly made or not in prescribed time

by asking letters disposed of? Examine.

Para No. 8 Inspection of Record :

(1) Detailed verification of Talati Records are done?

(2) Compulsory verification of Revenue Records in Revenue villages

situated in the area within 5 Kms. of Municipality area is done?

(3) As per instruction of the Government whether the Record

verification has been completed or not as per programme by

issuing regularly the quarterly programme for Record inspection?

Examine.
 1149

(4) Whether the prescribed register in the office has been maintained

or not in a proper and latest manner about record inspection as per

the instructions of the government? Examine.

(5) Whether the concerned employee carries or not the real and

proper compilation of draw backs as mentioned in Record

Verification by examining Record Verification form as observed

by the Collector? Whether the collector himself verifies it or not?

Examine.

(6) Whether the work of Record verification is done or not by taking

into notice at the time of Record Verification points No. 1 to 3 as

mentioned in circular No.MTK/VHT/Diary/590/2004 dt. 5-8-

2004 of the Revenue Inspection Commissioner, Gandhinagar?

Examine.

Para No. 9 : Inspection of Subordinate offices/ Land Revenue

Settlement Audit:

(1) Collect details of programmes to carry out inspection of

subordinate offices/ Land Revenue Settlement Audit issued by the

Collector. Whether the Collector has issued these programme in

time or not? Examine.

(2) Whether the Collector/ Concerned Prant officer has carried out or

not the inspection of subordinate offices including Municipalities

 1150

in the whole district/work of Land Revenue Settlement Audit as

per the programme issued by them? Examine.

(3) If delayed (After 15th March) and Revenue settlement Audit of

any subordinate office has been carried out by the Collector/

Concerned Prant Officer, then whether the Collector has got the

sanction of the government and the concerned Prant officer has

got the sanction of the collector or not? Examine.

(4) Whether the Collector has read or not the inspection notes/ Land

Revenue settlement Audit notes of the subordinate offices in

prescribed time by submitting in time to the concerned offices?

Examine.

(5) Whether the compliance has been carried out or not in time, in

proper and suitable manner by the concerned offices about the

inspection notes/ Land Revenue settlement Audit notes of the

subordinate offices? Examine.

(6) Whether the latest “Check Register” has been maintained or not

in proper way in the Collector office for noting details of

disposal/pending points of the inspection/Land Revenue

Settlement Audit notes of the subordinate offices? And whether

the signature with the date of the Head of office is being taken or

not by calculating balance sheet of disposal/pending points note

 1151

wise the inspection note/ land revenue settlement Audit notes at

the end of every month in this register? Examine.

(7) As per the instructions of the Revenue Department of the

Government whether proper and adequate supervision by the

Collector has been maintained or not for effective and speedy

compliance for pending inspection notes/land revenue settlement

audit notes during the tour of the subordinate talukas? Examine.

(8) As per the instructions of the Revenue Department of the

Government whether the brief note of the serious and important

points found at the time of inspection/land revnue settlement audit

of the subordinate office is being submitted or not in a prescribed

form to the Revenue Inspection Commissioner, Gandhinagar?

Examine.

(9) As resolved by a circular dt. 1-2-74 of the Inspections Branch of

the Revenue Department and as per circular dt. 19-8-78, whether

the Collector has conducted casual inspection of subordinate two

offices or not during each revenue year in the inspection period?

Examine.

(10) Taking into consideration the inspection programmes of

Municipalities issued by the Director of Municipalities, Gujarat

State, Gandhinagar, whether the inspection of concerned

 1152

Municipalities has been completed in time or not by the

Collector/Concerned Prant officers as per such Programmes?

Examine.

Para No. 10 : Visits of Co-ordination Committee and other offices of

District.

(1) Whether the meeting is being organized or not as per rule every

month during the period of inspection of District Co-ordination

Committee formed under Chairmanship of the Collector? and

after such meetings are held, whether its minutes is sent or not to

the concerned within one week? Examine.

(2) As per instructions of G.A.D. Government of Gujarat‟s circular

No. TPS/1076/VSTP dt. 13-6-78, whether the collector has visited

or not 12 other offices per each month during the each financial

year during inspection period? Examine.

(3) Whether the meetings have been organised or not of co-ordination

Committee regularly every month calendar year wise during

inspection period? Whether the latest register has been maintained

or not properly in the office to note details of problems

represented in such meetings? How many problems

asked/represented in the co-ordination Committee at the time of

inspection, up to what period, what stage and due to which

 1153

reasons they are pending to be disposed of? Review by getting its

details.

Part No. 11 : Government Dues : This office circular No. MTK-

VHT-Diary-575-2004 dt. 24-9-2004.

(1) Examine whether it is being reviewed effectively and regularly at

the Collector level of the points from the following (A) to (F) ?

(A) Accounts are being closed in time?

(B) Whether All Non-agriculture assessment, of non-

agriculture survey Nos. are being entered in the Demand
Register or not?

(C) Is latest list of defaulters prepared?

(D) Is the notice issued to the defaulters?

(E) Is the procedure of confiscation conducted?

(F) Whether punitive actions are being taken or not against

Talati-cum-Mantri, who are careless in their work of
recovery?

(2) Verify, Review by collecting details of (1) Land Revenue (2)

Education Cess and Local Fund (3) Non-agriculture assessment

(4) Revenue Recovery Certificate (5) Alien Recovery and (6)

Percentage of recovery and pending recovery and recovery,

Demands of Government dues such as Entertainment Tax year

wise during the period of inspection.

 1154

(3) Out of above, what efforts have been done by the collector to

recover Government dues of very large amount?

(4) As per the instructions of circular dt. 1-1-98 of the Inspection

Branch of Revenue Department of the Government whether the

taluka wise latest and proper Registers are maintained or not

under the control of this office about the details of recovery of

government dues or not? Examine.

(5) As per the instructions of circular No. TSHA/PTS-1-14-78 dt.26-

12-78 of the Inspection Branch of Revenue Department of

Government, whether the subordinate Prant officers have

maintained or not the tradition to give guidance and to review

and to discuss with the concerned Mamlatdars about effective

recovery of all kinds of Government dues at the time of visits of

talukas under them? Collect its details and whether the report of

details of discussion- review held for this with concerned

Mamlatdars at the time of talukas, by a letter dt. 12-5-87 of the

Revenue Inspection Commissioner, Gandhinagar or not?

Examine.

(6) As per circular No.STP-10200-2052-H-1 dt. 1-4-2002 of Revenue

Department, Whether the stamp duty is recovered or not before

giving possession of land given on lease or sanctioned? Examine.

 1155

Para No. 12 Establishment :

(K) Seniority List :

(1) As per instructions of Resolution No. S.N. Var/1089/1110/gh dt.

31-3-89 of G.A.D. of the government, whether the seniority list of

each category has been declared or not at every two years during

the period of inspection? Examine.

(2) Whether any procedure has been initiated or not for making them

permanent, who are senior in seniority list equal in number of

those employees by suspending their lien for whom there is no

possibility to come back in future from the post of promotion

under rule 19(b) of Bomaby Services Rules during the period of

inspection? Examine.

(3) Whether orders or necessary sanction have been taken or not

about that the Government may continue or if found necessary to

continue on expiry of the term of the posts of more than last

5years time existing on temporary basis category wise in this

District? Examine.

(4) Whether the proposals have been submitted or not in the

concerned Departments of government to convert into permanent

the posts of more than last 5 years continued on temporary basis

category wise in this District? Examine.

 1156

(B) Service Book :

(1) Whether the service-books of all the employees/officers of the

office have been maintained or not in latest and proper manner

upto the last day? Examine and Review.

(2) As per instructions of Resolution dt. 2-2-78 of F.D. of the

Government by preparing second copy (Duplicate copy) of the

service book, and by giving it to all the employees/officers of the

office, whether the signatures of the concerned employees/

officers have been taken or not in the „Duplicate Service Book

Register maintained in the office? Examine.

(G) Confidential Report :

(1) As per the instructions of the Resolution No. 1170-2219-N dt. 1-

5-74 and circular No. KHHL-1181 of GAD of the Government,

whether it has been implemented or not during the period of

inspection? Examine and Review.

(2) Whether the certificates about writing of the confidential report of

all the employees during the period of inspection have been

submitted to the government or not regularly every year?

Examine.

(3) As per the instructions of the Resolution dt. 23-5-69 of Revenue

Department of Government, whether the „Confidential Reports‟

 1157

of the employees are being kept or not in the custody of collctoror

or Resident Dy. Collector? And whether the „Register of

confidential Report‟ in the office has been maintained or not in a

latest manner? Examine.

(4) Whether a tradition has been maintained or not to make entry

regarding submission for review by writing „confidential Reports‟

to be written by them in the Handingover „Charge certificate‟ on

the occasion of transfers of officers, writing confidential Reports?

Examines.

(GH) Increment Register :

(1) Whether the “Increment Register” has been maintained or not in a

latest and proper manner as per calendar year in a prescribed form

by Resolution No. TJN-1078-286-Z dt. 7-2-78 of F.D. of

Government? And whether the entgries have been made or not

about sanctioning increment in the service books of concerned

employees? Examine.

Para no.13 : Register of immovable property and Register of

Security Bond.

(K) Register of Immovable Property :

(1) As per the instructions of the Resolution No. 1170-2219-Ndt. 1-5-

74 and circular No. KHHL-1181-of GAD of the Government,

 1158

whether it has been implemented or not during the period of

inspection? Examine and Review.

(2) Whether the certificates about writing of the Confidential Report

of all the employees during the period of inspection have been

submitted to the government or not regularly every year?

Examine.

(3) As per the instructions of the Resolution dt. 23-5-69 of Revenue

Department of Government, whether the „Confidential Reports‟

of the employees are being kept or not in the custody of Collector

or Resident Dy. Collector? and whether the „Register of

Confidential Reports‟ in the office has been maintained or not in a

latest manner? Examine.

(4) Whether a tradition has been maintained or not to make entry

regarding submission for review by writing “Confidential

Reports‟ to be written by them is the “Charge Leaving

Certificate” on the occasion of transfers of officers, writing

confidential Reports ? Examine.

(GH) Increment Register :

(1) Whether the “Increment Register” has been maintained or not in

latest and proper manner as per calender year in a prescribed form

by resolution No. TJN-1078-286-Z dt. 7-2-78 of F.D. of

 1159

Government? And whether the antries have been made or not

about sanctioning increment in the service books of concerned

employees? Examine.

Para No. 13 : Register of immovable property and Register of

Security Bond:

(K) Register of Immovable Property :

(1) As per the instructions of circular No. PRCH-1085-32010-M of

G.A.D. of Government and Rule 19 of Gujarat Civil Service

Conduct Rules, 1971, whether the statements of declaration of

immovable property in a prescribed form from the employees

during the period of inspection has been got or not every year?

And whether such declarations made by employees are as per

existing orders of Government or not? And whether the

declarations of Immovable property are properly maintained or

not? Examine.

(2) Whether the Register of declaration of Immovable property for

the period of inspection in the office is maintained in a proper and

latest manner or not? Examine.

(3) Whether a circular has been issued or not in the month of

December every year during the period of inspection for getting

declaration of immovable property? Examine.

 1160

(4) As per the instructions of circular dt. 18-12-76 of the Revenue

Department of Government and the circular of G.A.D. Dt. 23-7-

86 and 30-9-86, whether it has been submitted regularly in the

government in the month of January thereafter, by getting

declaration of the position ending December for the immovable

properties of class-I and Class-II officers during the period of

inspection or not?

(5) Whether it has been implemented or not as per the instructions of

circular dt. 30-7-87 of Revenue Department of government and

the instruction of rule 19(2)(3) of Rules shown above and as per

the instruction of circular dt. 14-2-93? Examine.

(KH) Security-Bond Register :

(1) Whether As per the instructions of Resolution dt. 18-5-66 of

Revenue Department of Government and in a prescribed form of

schedule 2-B of Administrative order No. 12 of Land Revenue

Rules, the Security-Bond has been maintained or not in a latest

and proper manner in the office? And during the period of

inspection, whether it has been noted or not in this register by

assuring about living and endowed with the security of employees

as per the position ending July every year? Examine.

 1161

(2) Whether a tradition has been maintained or not for making notes

in the Security-Bond register about this and to get Security-Bond

of newly appointed employees or to get it from the concerned

officer or to submit to the concerned office the Security-Bond of

employees who are transferred or leaving this office by transfer?

Examine.

(3) Whether the Security of fixed amount has been taken or not for

the employee dealing with the work of financial transaction in the

office? Examine.

(4) The certificates were to be submitted to the Government about

this as per the instruction of circular dt. 24-1-85 of Revenue

Department of Government by getting it before October 1, the

reports about living and endowed with as per the position on 31st

July every year the security of the employees of the office, in

which as per the instruction of circular dt. 17-3-89 of the Revenue

Department, whether such certificates are being preserved or not

properly by getting from the subordinate offices every year?

Examine.

(5) As per the instruction of Resolution dt. 16-4-87 of Revenue

Department of Government, whether the reports are got or not

 1162

about taking security of fixed amount of the Kasba Talatis by the

subordinate offices? Examine.

(6) Whether the files of Security-bond are kept in custody or not with

the Head of office as per rule 181(1) of Gujarat Financial Rules?

Examine.

Para No. 14 : Primary and Departmental Inquiry and works of

Vigilance Commission.

(K) Primary and Departmental Inquiry:

(1) Whether the Register of Departmental inquiry and Register of

Primary Inquiry have been maintained or not in a proper and

latest manner in the office in a form decided by circular No. DPE-

1272-M t. 14-8-72 of Revenue Department of Government?

Examine.

(2) In how many and which cases the appointments have been made

as the Departmental Inquiry officer? And in how many and which

case the appointments have been made as the presenting officer?

And at which stage are such cases at present? Examine it and for

which reasons are they pending get its details and review it.

(3) How many, from when, at whih stage and for which reasons the

cases of primary inquiry are pending ? Get its details and review

it.
 1163

(4) Whether the payment in all the case of suspension has been made

or not for maintenance allowance and without delay? Examine

and review it.

(KH) Works of Vigilance Commission :

(1) As per the circular No. CBA/1074/99525/M dt.8-4-75 of Revenue

Department of Government, whether the Register in part-I of

applications being forwarded by the Vigilance Commission in a

prescribed form and a register in part-II of applications directly

being forwarded from the Government except Vigilance

Commission has been maintained or not in a proper and latest

manner? In which, how many applications have been received,

how many are disposed of, and for what time they are pending

and due to which reasons they are pending, get details of it and

review it.

(2) Whether regular meetings are held or not for review of case of the

vigilance Commission? Examine.

Para No. 15 : Pension Cases :

(1) As per the instructions from time to time and Resolution No.

NVT/5285/3240/M dt. 2-7-86 of F.D. of the Government review

by getting details of such cases which are delayed for submitting

to the Director, Pension and Provident Fund, Gandhinagar by

 1164

preparing pension papers of deceased employees within one

month and before 12 months by preparing it before 24 months

before retirement of employees the pension papers of the

employees and make a review of it.

(2) If they are remaining to be sent to the Director, pension and

provident Fund, Gandhinagar by preparing pension cases in case

of retired/deceased employees, such cases are pending from when

and for what reasons they are pending.

(3) What actions are taken to prepare retirement cases (pension case)

of the employees/officers to be retired within next 18 months?

Examine.

(4) As per the instructions of circular No.NVT/1080/ 2413/M dt. 30-

9-80 of F.D. of Government, whether the controlling register of

facts of pension cases for block period of five years in the office

has been maintained or not in a proper and latest manner?

Examine.

(5) Whether the details are submitted or not for about the employees

to be retired with pay-allowances bill in the month of August

every year in the statement with Resolution No. PPF/1097/5015

dt. 14-7-98 of F.D. of Government? Examine.

 1165

Para No. 16 : Budget :

(1) Whether the amounts of allotment and grants sanctioned have

been given back in time or not? Examine.

(2) Examine the grant and the expenditure incurred.

(3) Examine the reason remedical measures for it.

Para No. 17 : Cash Book :

(1) Whether the cash-book in the office has been maintained as per

financial year or not in a latest and proper manner? And the

certificates are given or not about compilation of pages of cash-

book and to carry forward the balance of the previous cash book

on the first page of cash book? Examine.

(2) As per rule 98(2)(K) of Bombay Treasury Rules, 1930, whether

the certificates are given or not about the physical verification of

closing balance of cash book by the end of every month and the

casual verification of closing balance on any working day of

every month? And whether any amount as per cash book at the

time of inspection is pending without making payment of it for a

period of more than 3 months/without crediting or not? Examine.

(3) Whether the “Unpaid Register” of the amount unpaid in the office

has been maintained or not in a proper and latest manner?

Examine.
 1166

(4) Whether it has come to the notice any instance during inspection

of any balance which has not been taken into the cash-book?

Examine.

Para No. 18 : Copy Fee :

(1) Whether the balance sheet is prepared by the end of every month

or not by maintaining it in a proper and latest manner, the separate

registers in a prescribed and latest manner, the separate registers

in a prescribed form of Form No. RR-9 as per calendar year for

criminal applications and as per revenue year for revenue

applications in the office? Examine.

(2) Examine such cases which are delayed in the disposal of criminal

applications and Revenue applications disposed of and get the

reasons for delay and review it.

(3) By collecting details of pending applications to be disposed of for

more than 10 days in the cases of criminal applications and for

more than 15 days in the cases of Revenue applications as per

Land Revenue Rules and Circular dt. 6-6-79 of Revenue

Department of Government and for how much time and for which

reasons they are pending to be disposed of.

(4) Examine such cases which are delayed in crediting in the

government by chalan and every month the amount of copy fee,

 1167

and whether the files of such chalans have been maintained or not

as per financial year & Examine it.

(5) Whether it has been maintained in a proper and latest manner or

not “the copy fee ledger” in Taluka Form No. 17-B and “Deposit

Register” in taluka Form No. 17-A in the office?

(6) Whether the certificate is given or not about casual verification of

balance on any working day of every month and physical

verification of balance at the end of every month as per “Copy fee

ledger”? Examine.

(7) Whether the court fee as per rule on applications being submitted

to get a copy is properly charged or not? Examine.

Para No. 19 : Court Fee Tickets and Postal Stamps :

(K) Court Fee Tickets :

(1) Whether the court fee is being charged or not as per rule on the

enclosures and the dispute applications being submitted in the

office? Ensure it by record regarding this and Review it.

(KH) Postal Stamps :

(1) Whether the “Dispatch Register” of Postal stamps in a prescribed

form of schedule-7 of booklet of office procedure (for officer

except Sachivalaya) and the “Stock Register” of accounts of

 1168

Postal stamps in a prescribed form of Schedule-8 have been

maintained or not in a proper and latest manner? And whether the

stock of postal stamps on hand as per “Stock Register” of

accounts of Postal Stamps at the time of inspection is tallied or

not? Examine.

(2) Whether the system has been maintained or not about to give by

taking signature of Postal Clerk, by noting in the stock register at

frequent intervals as per daily requirement of the Postal Clerk by

keeping it in the custody of the superintendent of the Postal

tickets stock Branch? Examine.

(3) Whether it is really on hand or not the postal stamps as per “Stock

Register” of potal stamps? Whether a system has been maintained

or not for casual verification on any franking day every month

and for physical verification at the end of every month by the

Head of office for this? Examine.

Para No. 20 : Disposal of Government Waste Land :

(1) Government the details of Government waste land disposed of on

permanent basis till to day from 1960 and out of this government

waste land taken on the final statement till-to-day from 1960,

Government waste land given on Ek Sali Patta and the from 1960,

Government waste land given on Ek Sali Patta and the Pending

 1169

Government waste land to be disposed of on the date of

inspection and for which reasons, for how much time, at which

stage it is to be disposed of. Get the details of it and Review it.

(2) How much waste land is under “Ban” as per instructions of

Resolution No. JMN-3994-1296(1) Ch dt. 4-7-98 of Revenue

Department of Government out of Government waste land to be

disposed of at the above details? By getting details of, get the

details of the Government waste land not under “Ban” and also

get the details of such government waste land which are not

disposed of and due to which reasons and Review it. And also get

the details of the land out of the government waste land under

“Ban” and due to which reasons the procedure has not been

initiated to get the exemption from “Ban” and Review it also.

(3) As mentioned in the compiled Resolution No. JMN-3088-3290-1

Adt. 15-2-89 of the Revenue Department of Government ;how

many beneficiaries have been given Sanads out of the

Government waste lands which are disposed of as per the above

G.R. and how many beneficiaries are remaining for how much

time and due to which reasons the Sanads are not given? Get the

details of it and Review it.

 1170

(4) As per the instructions of the above compiled Resolution of

Revenue Department of Government, whether one copy of each

has been submitted to the concerned prant officer or not by

maintaining (1) the register of Part-I about cultivable government

waste land and (2) the register of part-II about non-cultivable

government waste land in each taluka in a proper and latest

manner? And as per the instructions of circular No. JMN-3977-

15521-G Dt. 10-3-77 of Revenue Department of Government,

whether it has been submitted to the concerned Prant officer one

copy of each by maintaining register in a proper and latest manner

showing latest details of gauchar lands in each taluka or not? Get

the details of it and review it.

(5) As per the instructions of compiled Resolution No. : JMN-

392003-545-(1)- A dt. 1-11-2003 of Revenue Department of

Government, what type of procedure has been done to dispose of

Government, waste lands for the purpose of Agriculture and

whether the implementation of this Resolution is done or not? Get

the details of it and Review it.

(6) It maybe enquired whether R.I.C. statement No. 2 ending every

month of disposed cultivable Government fallow lands is

submitted to Revenue Inspection Commissioner by 20 th of next on

 1171

the regularly as per instruction of circular No. R.I.C. 222/89 dated

7-4-1989 of Revenue Inspection Commissioner.

(7) Enquire whether there is breach of conditions in lands allotted/

leased by state government for various purposes and review the

position as to what measures have been taken by the concerned

officers in that regard.

Para No. 20 (A) : Review of work to convert restricted tenure

(Restricted tenure type under section 43 of Tenancy Act) lands into

unrestricted tenure:

(1) Obtain details as to how many cases have been disposed from

total cases during inspection period and how many cases are

pending disposal at the time of inspection and since how much

time and the reasons for their non-disposal Review the matter.

(2) Obtain details and review as to how many cases have been

received for review out of cases disposed off by subordinate Prant

Officers according to instructions issued by the State Government

vide resolution dated 20-12-1996 of Revenue department and also

how many cases are pending for review out of those disposed of

by the Prant Officers. How many cases have been returned to the

concerned Prant officers out of cases received from Prant officers

and disposed of by them after review. Obtain details and review

 1172

as to how many cases are pending and, with how much time and

reasons thereof.

Para No. 21 : Register for non-agricultural use of lands :

(1) Enquire whether separate registers have been maintained upto

date during inspection period under section 65, 66, and 67 of

Bombay Land Revenue Code in the office.

(2) Obtain details and review as to how many cases have been

disposed of according revenue year under the said three sections

out of how many cases and how many cases are pending disposal,

since how much time and reasons thereof.

(3) Obtain details and review as to how many cases have been

disposed within prescribed time-limit out of cases of non-

agricultural lands as per instructions issued vide government

resolution No. BKP-102001/2685-K dated 16-2-2004 of Revenue

department and how many cases have been delayed for how much

time and reasons therefor.

Para No. 22 : Cases disposed for conversion of agricultural lands

into non-agricultural lands under section 65 of Bombay Land

Revenue Code, 1879 (Examine five cases).

Whether the powers vested into collector in the said cases have

been truly utilized? Whether there are violations of prevailing provisions

 1173

of the Act. It may also be enquired whether there is any drawback in

procedure.

Para No. 22 (1) : To take measures in the disposed cases for non-

agricultural use of agricultural lands without permission under section

66 of Bombay Land Revenue Code,1879 (D.I. letter No. MTK-N.A.

Vashi-525-2004 dated 17-7-2004. (Examine five cases).

(1) Whether review has been made very month to find non-

agricultural case without sanction?

(2) How many cases did you discover within last two years?

(3) How many cases have been decided out of those discovered?

(4) Whether Collector has used his powers vested in him truly in the

said case? Are there any violations of prevailing provisions of the Act?

Examine of there is any drawback in the procedure.

Para No. 22 (2) : The take measures in disposed of cases of breach of

conditions of non-agricultural lands under section 67 of Bombay Land

Revenue Code, 1979. (D.O. letter No. MTK-0N.A. Vashi-1192 to

1216/2004 dated 7-10-2004 (Examine two cases)

(1) Whether time-bound programme has been underetaken as per

details shown in this office D.O. letter dated 7-10-2004.

 1174

(2) Whether all the cases under section 66 and 67 have been entered

into case register?

(3) Whether timely hearings are made of the case entered into case

register?

(4) Whether penalty as prescribed in the cases are recovered?

(5) How much total recovery of the district is outstanding.

(6) Whether construction has been started within six months of

getting sanction for non-agricultural lands? Whether they are

checked.

(7) How many cases have not been checked?

(8) Whether construction has been completed after completion of

three years of the order of non-agricultural lands? How many

cases have been checked? How many cases have not been

checked?

(9) How many cases were made of breach of conditions at the end of

scrutiny?

(10) Whether punitive actions have been taken against talatis-cum-

mantris, circle officers, maintenance surveyors who have not

checked every six months and three years?

 1175

(11) How many cases have been detected of commercial use without

getting sanction for change in purpose?

(12) Whether checking has been made with records of Local Self

Government and of municipality?

(13) Whether scrutiny is made for illegal construction in common

plots? How many cases have been scrutinized?

(14) How many cases have been scrutinized for illegal construction in

marginal land?

(15) How many cases are pending for improvement of records out of

non-agricultural case?

(16) Whether collector has truly utilised powers vested in him in the

said cases? Whether any existing provisions of the law have been

infringed? Examine if any draw back has been made regarding

procedure.

Para No. 23 : Encroachment on Government lands, tanks and

reservoirs.

(1) How many encroachments are pending desposal from among the

encroachments in rural and urban areas year wise during

inspection period, since how much time and reasons for not doing

so. Obtain the details of yearwise new encroachments

created/detected and review them.

 1176

(2) Whether any necessary discussions are made in the meetings of

Revenue Officers held every month in the collector office for

disposal of cases of encroachments beyond one year?

(3) Obtain details and review what proceeds and penalties are

recovered for encroachments on lands of public places and roads

revenue year wise in checking period as per instructions contained

in resolution No. BKP-1076/5589-1(A) of Revenue Department,

since how much period the proceeds penalties are pending for

recovery. Since how much time the proposals are pending for

recovery of proceeds – penalties and since how much time the

proposals for recovery of proceeds – penalties and since how

much time the proposals for recovery of proceeds – penalties

received from Prant officers are pending for sanction? Obtain

details thereof and review.

(4) Obtain details and review whether all subordinate officers and

employees on tour visit government lands often in the district in

order to stop encroachments on government lands vide

circular/letter dated 6-12-1978 and 20-12-1978 from Revenue

Department of Government.

(5) Obtain details and review whether videography of Government

lands have been made if there is encroachment on the land and

 1177

encroachers do not remove encroachments themselves. Whether

proceedings under „PASA‟ have been made against them under

Government circular No. DBN-102001-4177-L dated 5-11-2001

of Revenue Department.

(6) According Government circular, Revenue Department No.CTS-

1090-3990-H, dated work to close village records (Daftar Bandh)

of lands used for N.A. purposes in some city survey areas.

According to G.C., R.D. No. CTS 1090-3990-H dated 20-7-1999,

when city survey has been introduced, whether instructions to

recover N.A. tax on lands other than agricultural ones have been

implemented? Obtain details and review the matter.

Para No. 24 : Promulgation of record of rights and village form No. 7/12

(Tulvari Patrak)

A. (1) How many mutation entries were pending for disposal in

the beginning of enquiry period, how many mutation entries were

created revenue year wise and how many mutation entries were

disposed of year wise, How many of them were below three

months and above three months among those were pending?

Obtain details and review the position.

(2) According to the instruction issued vide circular No.

PRCX-4378/313-T dated 15-11-1978 of Enquiry Branch of

 1178

Revenue Department entries of inheritance and pot-hissa should

be entered immediately, the entries may be disposed by

subordinate officers regularly, it should be discussed in the

meetings of Revenue offices held every month and may be

implemented. Obtain details and review the position.

(3) Obtain details and review the position whether Mamlatdars

maintain updated mutation entries register according to

instructions issued in G.C., R.D. No. HKP-

1088/Recommendation No. 12-J dated 12-1-1989.

(4) Obtain papers of five mutation entries sanctioned/ certified

by Kasba Talati and check whether these entries are standard and

sanctioned/certified as per existing laws.

B. Promulgation of village form No. 7/12 (Tulvari Patrak)

(1) Whether collectors have timely published ten years

programme to write de novo village forms No. 7/12 (Pani Patrak)

according to instructions issued under G.C., R.D. No. RAM 1080-

12173-L dated 10-6-1987? How much work has been completed

for de novo writing and their promulgation of taluka wise villages

according to ten years programme? How much work is pending

for de novo writing of forms 7/12 and their promulgation? Has

 1179

time-bound programme been planned to complete such work in

prescribed period? Please obtain details and review the position.

(2) Whether check register has been duly maintained upto date

showing taluka wise/ village wise details in the office? Whether

detailed discussions are made, reviewed and elaborated of

implementation and progress in the meetings of Revenue officers

held every month?

Para No. 25 : Jurisdiction of section 65 of Tenancy Act.

(1) How much areas have been taken and how much areas have been

leased?

(2) What are the reasons for not giving on lease such lands?

Para No. 26 : Evacuee Properties :

(1) Are register for evacuee properties maintained?

(2) Whether immovable properties out of evacuee properties are

disposed of?

Para No. 27 : Arms Licences :

(1) Whether arms licences registers are properly maintained and

updated in prescribed form as laid down in Appendix V(1) of

Bombay Arms Act Manual as directed by circular No.HPC-

 1180

1786/1355-M dated 25-7-1986 of Home Department? Whether

such registers are computerised?

(2) Whether applications register to obtain Arms licences are

properly maintained as per calendar year and updated and

obtained signature of the Head of office therein? Whether the

register is checked by District Magistrate regularly by 10 th day of

every month as directed by G.C.,H.D. no. HPC-1088/6694-M

dated 29-12-1984?

(3) How many applications are received to obtain arms licences

during a calendar year during inspection period? How many

applications are disposed of? How many applications were

pending at the time of inspection, since how much time and

reasons for their non-disposal? Period prescribed to obtain Arms

licences is 75 days. Whether they are disposed within prescribed

time? Please obtain details and review the matter.

(4) In the cases were applications to obtain arms licences are rejected.

„licence fee‟ is not to be returned as directed in G.C., H.D. no.

HPC-1574-5418-M dated 20-11-1974. Whether these instructions

are followed?

(5) Whether licences obtaining Arms licence purchase arms within

stipulated time according to rule 52(2) of Arms Rules,1962.

 1181

Please ensure this from office register. Whether instructions

issued under circular dated 11-6-1990 of Home Department are

implemented?

(6) Whether procedure laid down in circulars dated 28-7-1980, 2-1-

1988 and 11-3-1990 are adopted for renewal of Arms licences for

further period after expiry of prescribed period? Please ascertain

on perusal of records.

(7) How many Arms licences have been examined by the district

Magistrate during his tour during inspection period in a year?

(8) Whether District Magistrate has inspected the shops of licences

dealing in sales/repairs of arms during inspection period regularly

every year and once properly of each shop?

(9) Whether District Magistrate has inspected all police stations and

out-posts falling within his jurisdiction at least once in every

calendar year during inspection period as directed by Government

circulars dated 5-8-1978 and 15-2-1985 of Home Department and

circular No.VHT-TPS-Vashi-405/86 dated 6-5-1986 and circular

No. TSH-2-TPS-Vashi-189/98 dated 14-9-1988 of Revenue

Inspection Commissioner, Gandhinagar.

(10) How many applications were sanctioned for revolver/pistol

licences during calendar year during inspection period? From how

 1182

many applications? How many applications were rejected and

reasons thereof? Please obtain details and review the position.

Para No. 28 : Entertainment Tax and Luxuries Tax :

(1) Whether recovery of entertainment tax is gradually decreasing

every month? Examine reasons thereof.

(2) Whether sufficient deposit has been taken from all theatres to

which permission to pay in cash has been granted under section

4(2) of the Entertainment tax Act.

(3) Form No. 18 should be checked.

Para No. 29 : Licences for Petroleum explosive substances :

(A) Licences for Explosive substances :

(1) How many applications have been received during

inspection period? How many of them have been disposed of?

How many of them are pending for disposal? Since how much

time and reasons thereof? Please obtain details and review the

matter. Whether record is maintained properly for applications

received and disposed of? Whether licences are issued in

prescribed forms?

(2) Whether register showing details of obtaining temporary

licences/ permanent licences for explosive substances are properly

 1183

maintained in the office upto date during inspection period in the

office?

(3) Whether Taluka Magistrate (Mamlatdar) observe

provisions of rule 165 of Explosive Rules, 1983 while renewing

permanent licences of explosive substances (fire works) issued by

the District Magistrate in accordance with instructions issued by

circular dated 6-10-1990 of Home department? Is there any

system to ascertain it?

(B) Petroleum Storage- No-objection certificate :

(1) Please obtain details of applications received year wise

during inspection period, applications disposed and pending

applications at the time of inspection. Why are they pending and

since how much time? Review the position. Whether register

showing details of such applications has been maintained

properly? Whether such certificates issued in form No. 11 as

directed in the provisions of Petroleum Act, circular dated 4-10-

1982 of Food and Civil Supplies Department and Mineral

Products Rules, 1976.

(2) Please obtain details of delay in case where more than

2(two) months have lapsed in disposal of applications to obtain

„No-objection Certificates‟ as directed in Government circular

 1184

dated 28-6-1970 of Home Department. Also review delay took

place, at what stage and review their position.

Para No. 30 : Cases- Appeals.

(1) How many cases-appeals were pending in the beginning of the

enquiry period under various laws? How many new cases-appeals

took place during enquiry period? How many cases appeals were

disposed of during the enquiry period? How many cases-appeals

are pending disposal, since how much time and on what grounds?

Whether parawise remarks are sent to the Government pleader in

all court matters? Please obtain details and review the position.

(2) Whether register showing updated details of cases-appeals under

various laws is maintained in prescribed form as directed by G.C.,

R.D. No. IW-INS-Z-1977 dated 9-4-1977.

Para No. 31: Land Acquisition :

(1) Whether Special Land Acquisition Offices have disposed of 10

(ten) cases of Land Acquisition every month and Dy. Collectors/

Asstt. Collectors looking after land acquisition have disposed of

2(two) case every month in accordance with circular dated 29-5-

1992 of Revenue Department. Please review effectively in this

regard. Also review how many cases have not been disposed of

within prescribed time-limit.

 1185

(2) How many cases are pending disposal with Special Land

Acquisition Officers and Deputy Collectors/ Asst. Collectors

looking after Land acquisition work of the District at the time of

inspection, since how much time and at what stage? Whether

Collector keeps adequate watch over the disposal of Land

acquisition cases? Please obtain details and review the position.

(3) Whether Collector hasheld regular meetings every month during

inspection period for discussion and review of disposal of Land

Acquisition cases? Whether minutes of the meetings have been

submitted by the officers concerned within prescribed period?

Whether Acquisition officers remains present in such monthly

meetings? Please obtain proceedings of the monthly, check them

and review the position.

(4) Whether offices of such Land Acquisition Officers have been

included in enquiry period programmes? Whethere inquiries have

been made?

(5) Whether bimonthly statement showing details of Land acquisition

cases of the district during inspection period is regularly

submitted to the concerned branch of Revenue Department by 5 th

day of every month?

 1186

(6) Points of court reference should be checked under section 18.

Whether they are reviewed in time? Whether parawise remarks

are submitted to the court in time? Whether representative of the

office remains present in the respective court during hearing?

Para No. 32 : Annual Administrative Report of Land Revenue :

Please enquire whether annual administrative reports of Land

revenue have been submitted to the Government regularly every

year by 31st December after completion of revenue year during

inspection period in accordance with the circular dated 29-01-

1979 of inspection branch of Revenue Department? If any annual

administrative report has not been submitted to the government

and even if there is delay, please obtain reasons thereof and

scrutinize its justifiable grounds.

Para No. 33 : Aanawari :

Whether aanawari orders are issued in time?

Para No.33 (A) – Grant of permission under section 73-AA of

Bombay Land Revenue Code, 1979.

(1) Whether the collector actually utilized powers vested in him in

the said case except scheduled areas according to G.C., R.D.No.

RDJ-1098/128-J dated 8-5-2000? Whether there is breach of

 1187

existing provisions of law? If there is any drawback in procedure,

it should be examined.

(2) How many pending cases have been duly entrusted to District

Development officer under the said section as on 1-1-1998 in

scheduled areas as laid down in the said circular of Revenue

Department? How many cases are pending for entrusting, since

when and on what grounds? Please obtain details thereof and

review them.

(3) Whether list of scheduled areas, letter no. ADJ-1099/1491-J dated

9-8-1999 of Revenue Department, a notification in English dated

8-5-1978 of Social Welfare and Tribal Development Department

dated: 8-05-1978 and notification of the Central Government

dated 31-12-1977 are available in the office?

Para No. 34 : Record Room :

(1) How many files are pending for branch wise classification at the

time of inspection? How many files are pending for depositing in

record room? How many files are destroyable? Since how much

time such work is pending? What are the reasons thereof? Please

obtain details and review the position.

(2) Was there any delay in submitting quarterly statement showing

details of classification, incoming and destruction during

 1188

inspection period to the Revenue Inspection Commissioner,

Gandhinagar? Whether such details presented at the time of

inspection coincide with those of quarterly statement?

(3) At the time of inspection, visit record room and carefully inspect

record room place/condition and see whether records are

preserved properly. Please examine this and give your opinion

and suggestions for drawbacks you notice.

(4) Whether registers are properly maintained uptodate in prescribed

form laid down in Appendix 15 (1) of the booklet „Office

Procedure‟ (For offices other than Sachivalaya Departments)

(5) Whether classification of record is made as laid down in G.C.,

G.A.D. No. Daftar-1483-1626-ARTD-(5) dated 19-4-1983?

(6) Out of records deposited into record room, please check a bundle

of any class and see whether the files have been maintained?

Whether the details of classification have been filled in accurately

on classified files?

(7) Records of how many villages have been deposited into

concerned Mamlatdar offices out of revenue records under Talati

in all the talukas included in the entire state? Revenue records of

how many villages are pending to be deposited at respective

Mamlatdar offices and since how much time? Please obtain

 1189

details and review as to what measurers have been taken by the

collector to complete pending work.

(8) Whether account records have been properly classified as per

Appendix-II of Gujarat Financial Rules as laid down in circular

dated 9-5-1977 of Inspection Branch of Revenue Department?

(9) Whether government gazettes have been classified properly and

updated?

(10) Whether Collector visits record room at the time of visit to

subordinate Revenue offices and give necessary instructions and

guidance as directed under circular dated 29-7-1991 of Inspection

Branch of Revenue Department? Whether the offices have

properly implemented them? Whether such system has been

adopted by the Collector?

(11) Whether implementation is being made according to instructions

issued vide circular No. MTK-TPS-Vashi-90/2005 dated 2-5-

2005 of Revenue Inspection Commissioner, Gandhinagar?

Para No. 35 : Dead Stock :

(1) Whether „dead stock register‟ has been maintained and updated in

prescribed form „General 44-G‟ in printed form in office?

Whether index is prepared on the front page of the register?

Whether Head of office has issued such certificate that all the
 1190

entries of old dead stock register have been carried forward into

new dead stock a register and whether it has been signed by the

Head of office?

(2) Please check whether dead stock register numbers are given on all

the dead stocks of the office and review it.

(3) Whether all the articles entered into dead stock register are tallied

with those in the office and whether yearly certificate has been

issued in the dead stock register at the end of 30th June regularly

every year as per instructions laid down in rule 98 of Manual of

Contingent Expenditure? Whether employee in charge of dead

stock and Head of office has issued certificate and signed for

transactions of charge in the dead stock register?

(4) What type of measures have been taken to recover price of

missing articles entered into dead stock register?

Para No. 36 : Implementation of important circulars/ resolutions:

(1) How are the instructions issued by the government for

administrative reforms, for recovery of Government dues for

speedy disposal of work implemented? Please check them.

(2) Whether all circulars issued by Government since last two years

have been impolemented?

 1191

Para No. 37 : Government vehicles :

Please obtain details of which vehicles are with which officer.

Whether history sheet of every vehicle is maintained uptodate in

prescribed Part-I to IV properly.

Para No. 38 : Tour of Collectors and checking of diaries of

subordinate offices :

(1) Whether officers have worked/performed duties, for which period

during inspection period? Please obtain details.

(2) Whether Collector has made tours of prescribed days and

prescribed night halts revenue year wise during inspection period

as directed under G.C., R.D. No. PTA-1090/260-D dated 17-1-

1990? Please obtain details and review it.

(3) Whether collector has filled in Appendix- A as per target fixed for

revenue year during inspection period as per instructions issued in

above circular of Revenue Department? Whether General

Inspection has been made of records of the Talati? Whether

Farmers‟ Ledgers, (Khadut Khatavahi) have been inspected? Has

he checked record of how many circle officers of the district?

Whether he has inspected police stations/ out-posts? Has he

checked licences of all types? How many hotel licences have been

checked? Please obtain and check details and review the matter.
 1192

(4) Whether office has maintained upto date files revenue year wise

of inspection form made for record of circle officers, Appendix-

„A‟ filled in during inspection period, general inspection forms

for record of Talati?

(5) Whether compliance reports of drawbacks found during

inspection of record of circle officers, general inspection forms

for records of Talatis, Appendix – A filled in during inspection

period? (Examine two forms).

(6) Whether Collector has puiblished progarmmes to be filled in

Appendix-A in the first week of August in the beginning of every

revenue year during inspection period as per instructions laid

down in the circular dated 2-5-1987 of Revenue Inspection

Commissioner, Gandhinagar?

(7) Whether register for visits of collector during revenue year has

been properly maintained and updated?

(8) Whether collectors have submitted their monthly diaries during

inspection period to the Revenue Inspection Commissioner,

Gandhinagar by 10th day of every month? Whether check register

has been maintained in the offices properly and updated?

(9) Whether collectors have obtained monthly diaries from

subordinate Prant Officers and subordinate Mamlatdars and

 1193

offered their remarks thereon in time? Whether compliance of

remarks has been received? Whether control register are obtained

in the office properly?

(10) During inspection period, whether collectors have published

„Proposed tour Programmes‟ every month regularly and in time?

Whether copies of „Proposed tour Programmes‟ are being

submitted to Revenue Inspection Commissioner as per

instructions of circular dated 6-8-2004 from Revenue Inspection

Commissioner, Gandhinagar.

Para No.39: Standing orders file :

(1) An update list of standing orders files should be prepared as laid

down in circular dated 27-4-1978 of Revenue Department.

Whether office order has been issued to maintain standing order

files? Whether various branches/records have properly maintained

standing orders files accordingly as per subject lists and whether

register in that regard has been maintained and updated? Please

check and review.

(2) Please call for some files of standing orders of important records

from various branches of the office and ensure whether page

numbers have been given upto last and index has also been made
 1194

to the last. Whether Government circulars/resolutions are inter-

linked? Please check and review.

Para No. 40 : Departmental Examination Books :

(1) Whether books prescribed for various departmental examination

are properly maintained?

(2) Whether any books of departmental examinations are missing? If

yes, what measures have been taken to obtain them?

(3) Whether required books are available to government employees

for departmental examinations?

Para No. 41 : Attention to applicants/Implementation of citizen

charter/ Meeting of co-ordination committee/ On line “Welcome

Programme of Hon. Chief Minister/ Problems presented in Gram

Sabhas regarding revenue work/ remaining works for on-the-spot

disposal programmes.

(A) Attention to applicants :

(1) Whether complaint register has been properly and uptodate

maintained in prescribed form to record (1) applications received

from complaint box (2) Complaints presented in person and (3)

Complaints received by posts against public administration as per

instructions laid down in resolutions dated 30-8-1977 and 28-10-

1977 and circular dated 22-1-1985 of General Administration

 1195

Department? Whether acknowledgement is issued to the

concerned complainant/ applicant for having received complaint/

application? Whether such complaints are properly disposed of

within prescribed time-limit?

(2) Whether complaint box has been kept at conspicuous place

near the chamber of Head of office vide circular dated 4-5-1994

of Revenue Department? Whether complaint box is regularly

opened at an interval of every fifteen days? Whether complaint

box rojkam register is properly maintained in the office for

complaints received there from? Whether such complaints/

applications are regularly entered into „Complaints/Applications

register?

(B) Implementation of Citizen Charter :

How many applications have been received under „Citizen

Charter‟ year wise in last three calendar years? How many of

them have been disposed of positively and how many of them

negatively?

(C) Review of remaining work of on the spot disposal.

Whether disposal of on-the-spot problems are made in time

as per prevailing instructions of the Government.

 1196

(D) On-line „Welcome‟ Programme of Hon. Chief Minister.

Whether „Welcome‟ programmes are held regularly every

month during inspection period? Whether updated register in

maintained in the office to record details of problems

presented/asked? At enquiry time how many problems

presented/asked in the „Welcome‟ Programmes, how many of

them are pending since how much time, at which stage and on

what grounds? Please obtain details and review the position.

(E) Problems raised in Gram Sabha regarding revenue work.

How many Gram Sabha were held during inspection period by

calendar year? Whether up-to-date register is maintained to record

details of problems presented to the Gram Sabhas? Please obtain

details of issue of revenue work presented to the Gram Sabhas,

issues disposed of and remaining issues and also obtain details

since now much time, at which stage and on what grounds such

issues are pending. Whether up-to-date register is properly

maintained in the office to record details of problems presented to

the on-the-spot disposed programme?

Para No. 42 : Roster Register :

(1) Whether roster contact officer has been appointed in the office as

per instructions laid down in the circular dated 24-2-1972 of the

 1197

then Education and Labour Department? Whether the contact

officer makes yearly inspection of roster registers maintained in

the office every year as per instructions issued vide said circular

and corrigendum letter No. TS-Z-TPS-Questionaire-82 dated 9-

12-1982 of Inspection Branch of Revenue Department?

(2) Whether roster register for recruitment (Appendix-I) and roster

register for promotion (Appendix-II) are properly maintained and

updated? Whether Head of office and roster contact officer and

any officer of Revenue Department have checked these registers

and signed?

Para No. 43 : Meetings of Revenue Officers :

(1) Whether instructions issued vide this officer circular No.MTK-

MKM-Vashi-3541/ 2004 dated 9-11-2004 have been observed?

(2) Whether discussions are held as per agenda?

(3) Whether agenda of meetings of Revenue officers are taken?

(4) Whether minutes of monthly meetings of revenue officers are

reviewed?

Para No. 44 : Holding of staff meetings. This office circular No.

MTK-MKM-Vashi- 853/ 2005 dated 16-2-205.

(1) Whether discussions are held as per agenda ?

 1198

(2) Whether proceedings of the meting is taken?

(3) Whether issues taken up in last meeting are discussed?

(4) Whether staff meeting have been held regularly every month

during inspection period vide G.C., R.D. No. TPS-TSH-313-79

dated 12-1-1979. Whether points 1 to 15 prescribed and other

important points are discussed and reviewed in staff meeting?

(5) Whether register for proceedings of staff meeting is properly

maintained? Please check and review.

Para No. 45 : Management of Employees‟ Welfare Scheme.

Whether sincere efforts have been made to undertake employees‟

welfare schemes as laid down in G.C., G.A.D. No. SGA-1072 –Welfare

and G.C., G.A.D. No. SGA-1086- Welfare?

Para No. 46 : E – Governance :

(1) Whether all officers/ employees have obtained training in

computer „Module-1‟ and „Module-2‟? If such training has not

been given to some, what is future planning? Whether officers/

employees who have obtained training have used computer in

government work? Whether they issue E-mails?

(2) Whether electronic machines viz. computers, printers, fax, Xerox

machine are in serviceable condition whether responsibility have

 1199

been entrusted to the concerned employees to carefully use such

electronic machines by issuing office order?

(3) Whether G-Swan telephones are used in the office? Whether there

is any reduction in telephone bill by doing so?

(4) Whether various softwares developed by N.I.C. and General

Administration Department are used in office work?

Para No. 47 : Various court case registers :

(1) Whether up-to-date registers are maintained in forms prescribed

by circular of Revenue Department for various court wise

registers for cases in various courts viz. various district

courts/special secretary (Appeal), Revenue Depasrtment/ Gujarat

Revenue Tribunal/ Hon. Gujarat High Court/ Hon. Supreme

Court?

(2) Out of cases in various courts, how many cases are pending, since

how much time and on what grounds? Please obtain details and

review them.

Para No. 48 : Review of note worthy works observed during

inspection:

(1) Office Management

(2) Office Sanitation

(3) Sitting arrangements in the office

 1200

(4) Facilities for employees/ visitors in the office.

(5) Facilities of toilets

(6) Facilities for physically challenged applicants.

(7) Drinking water arrangement.

(8) Condition of furniture.

Para No. 49 : Items notice during inspection, which are not

included in the questionnaire.

Para No. 50 : Suggestions of Inspection Team.

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