Ex. 013 Guj Ordinance No.8 of 2020 Dt.21-08-2020 PDF
Ex. 013 Guj Ordinance No.8 of 2020 Dt.21-08-2020 PDF
Ex. 013 Guj Ordinance No.8 of 2020 Dt.21-08-2020 PDF
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The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. LXI ] FRIDAY, AUGUST 21, 2020/ SRAVANA 30, 1942
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART IV
REVENUE DEPARTMENT
Sachivalaya, Gandhinagar, Dated the 21st August, 2020.
AN ORDINANCE
further to amend the Gujarat Tenancy and Agricultural Lands Act, 1948,
the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands
Ordinance, 1949 and the Gujarat Tenancy and Agricultural Lands
(Vidarbha Region and Kutch Area) Act, 1958.
IV Ex.-13 13-1
13-2 GUJARAT GOVERNMENT GAZETTE, EX. 21-08-2020 [ PART IV
2. Bom. LXVII of 1948, Sau. Ord. XLI of 1949 and Bom. XCIX of
1958 to be temporarily amended.- During the period of operation of this
Bom. LXVII
of 1948. Ordinance, the Gujarat Tenancy and Agricultural Lands Act, 1948,
(hereinafter referred to as “the Gujarat Tenancy and Agricultural Lands
Sau. Ord.
XLI of 1949. Act”), the Saurashtra Gharkhed, Tenancy Settlement and Agricultural
Lands Ordinance, 1949 (hereinafter referred to as “the Saurashtra
Bom. XCIX Ordinance”) and the Gujarat Tenancy and Agricultural Lands (Vidarbha
of 1958.
Region and Kutch Area) Act, 1958 (hereinafter referred to as “the Gujarat
Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act”)
shall have effect subject to the amendment specified in sections 3 to 8,
respectively.
(1) in sub-section (4A), for the existing proviso, the following proviso
shall be substituted, namely: -
(a) 100 per cent. of the prevailing jantri value, if the application
is made after a period of three years but before completion
of a period of five years from the date of certificate as
referred to in sub-clause (i) of clause (c) of sub-section (3);
PART IV ] GUJARAT GOVERNMEMT GAZETTE, EX. 21-08-2020 13-3
“Provided that, -
(i) such permission for sale of such land shall be granted only for
the bonafide industrial purpose and in case the industrial
purpose usage is not permissible under the Common General
Development Control Regulations, such permission shall be
granted only for the purpose of use of such land as per the zone
declared in Common General Development Control
Regulations;
(ii) sub-clauses (a) to (d) shall not apply in the cases of the land
which is purchased for bonafide industrial purpose and which
needs to be transferred in the case of merger, amalgamation,
joint venture, subsidiary company, group company and
associate company, conversion of partnership in the company
and vice versa or into limited liability partnership, change in
partners but in such cases permission shall be granted after
charging of 10 per cent of the prevailing jantri value;
PART IV ] GUJARAT GOVERNMEMT GAZETTE, EX. 21-08-2020 13-5
(iii) clauses (a) to (d) shall not apply in the cases of the land which
is purchased for bonafide industrial purpose and which needs to
be transferred in the case of acquisition of assets of industrial
unit under order of Debt Recovery Tribunal/National Company
Law Tribunal/ Liquidator /Financial Institutions auction,
subject to the condition that such transfer is ordered by such
Court/Authority but in such cases the purchaser shall apply for
permission within 60 days from the date of transfer of assets by
authority and such permission shall be granted after charging of
10 per cent of the prevailing jantri value;
(iv) if any bonafide industrial user fails to take such permission
within a period as specified in clause (iii) above, the Collector
shall grant permission by charging of 20 per cent of the
prevailing jantri value.”.
Sale of land for “63AAA. (1) The sale of land for other than bonafide industrial
the purposes
other than purpose shall be permitted in certain cases which are declared by
industrial
purposes. State Government from time to time:
Provided that-
(b) Where the purchaser fails to send the notice and other
particulars to the Collector under clause (a) within the
period specified therein, he shall be liable to pay in
addition to the non-agriculture assessment leviable under
this Act, after one month from the date of such purchase,
such fine of one per cent. of the prevailing jantri every
month, as the Collector may, subject to rules made under
this Act, direct.
PART IV ] GUJARAT GOVERNMEMT GAZETTE, EX. 21-08-2020 13-7
(a) 100 per cent. of the prevailing jantri value, if the application
is made after a period of three years but before completion
of a period of five years from the date of certificate as
referred to in sub-clause (i) of clause (c) of sub-section (2);
(b) 60 per cent. of the prevailing jantri value, if the application
is made after a period of five years but before completion of
a period of seven years from the date of certificate as
referred to in sub-clause (i) of clause (c) of sub-section (2);
(c) 30 per cent. of the prevailing jantri value, if the application
is made after a period of seven years but before completion
of a period of ten years from the date of certificate as
referred to in sub-clause (i) of clause (c) of sub-section (2);
(d) 25 per cent. of the prevailing jantri value if the application
is made beyond ten years:
Provided however that, -
(ii) clauses (a) to (d) shall not apply in the cases of the
land which is purchased for bonafide industrial
purpose and which needs to be transferred in the
case of merger, amalgamation, joint venture,
subsidiary company, group company and associate
company, conversion of partnership in the
company and vice versa or into limited liability
partnership, change in partners but in such cases
permission shall be granted after charging of 10
per cent of the prevailing jantri value;
(iii) clauses (a) to (d) shall not apply in the cases of the
land which is purchased for bonafide industrial
purpose and which needs to be transferred in the
case of acquisition of assets of industrial unit
under order of Debt Recovery Tribunal/National
Company Law Tribunal/ Liquidator /Financial
Institutions auction, subject to the condition that
such transfer is ordered by such Court/Authority
but in such cases the purchaser shall apply for
permission within 60 days from the date of
transfer of assets by authority and such permission
shall be granted after charging of 10 per cent of
the prevailing jantri value;
(iv) if any bonafide industrial user fails to take such
permission within a period as specified in clause
(iii) above, the Collector shall grant permission by
charging of 20 per cent of the prevailing jantri
value.”;
(2) in sub-section (3B), -
“Provided that, -
(i) such permission for sale of such land shall be granted only for
the bonafide industrial purpose and in case the industrial
purpose usage is not permissible under the Common General
Development Control Regulations, such permission shall be
granted only for the purpose of use of such land as per the zone
declared in Common General Development Control
Regulations;
(ii) clauses (a) to (d) shall not apply in the cases of the land which
is purchased for bonafide industrial purpose and which needs to
be transferred in the case of merger, amalgamation, joint
venture, subsidiary company, group company and associate
company, conversion of partnership in the company and vice
versa or into limited liability partnership, change in partners
but in such cases permission shall be granted after charging of
10 per cent of the prevailing jantri value;
(iii) clauses (a) to (d) shall not apply in the cases of the land which
is purchased for bonafide industrial purpose and which needs to
be transferred in the case of acquisition of assets of industrial
unit under order of Debt Recovery Tribunal/National Company
Law Tribunal/ Liquidator /Financial Institutions auction,
subject to the condition that such transfer is ordered by such
Court/Authority but in such cases the purchaser shall apply for
permission within 60 days from the date of transfer of assets by
authority and such permission shall be granted after charging of
10 per cent of the prevailing jantri value;
(iv) if any bonafide industrial user fails to take such permission
within a period as specified in clause (iii) above, the Collector
shall grant permission by charging of 20 per cent of the
prevailing jantri value.”.
6. Insertion of new section 55A to Sau. Ord. XLI of 1949.- In the
Saurashtra Ordinance, after section 55, the following new section shall be
inserted, namely: -
PART IV ] GUJARAT GOVERNMEMT GAZETTE, EX. 21-08-2020 13-13
Sale of land “55A. (1) The sale of land for other than bonafide industrial purpose
for the
purposes shall be permitted in certain cases which are declared by State
other than
industrial Government from time to time:
purposes.
Provided that-
Bom. V of (a) Nothing in section 54 shall prohibit the sale or the agreement for the
1879.
sale of land for which no permission is required under sub-section
(1) of section 65B of the Gujarat Land Revenue Code, 1879 in
favour of any person or institution for use of such land for other
than bonafide industrial purpose like Agricultural University,
Animal Husbandry University, Education, Medical Education and
Health. The area of land for these purposes may be decided by the
State Government by notification in the Official Gazette and State
Government may also declare other purposes from time to time.
(b) Where the area of land proposed to be sold exceeds ten hectares, the
person to whom the land is proposed to be sold in pursuance of this
sub-section shall obtain previous permission of the Revenue
Secretary, Gujarat State or such other officer as the State
Government may by an order authorize in this behalf,
(2) (a) Where the land is sold to a person in pursuance of sub-section (1)
(hereinafter referred to as “the purchaser”), he shall within thirty
days from the date of the purchase of the land for purpose shown in
sub-section (1) send a notice of such purchase in such form
alongwith such other particulars as may be prescribed, to the
Collector and endorse a copy thereof to the Mamlatdar.
(b) Where the purchaser fails to send the notice and other particulars to
the Collector under clause (a) within the period specified therein, he
shall be liable to pay in addition to the non-agriculture assessment
13-14 GUJARAT GOVERNMENT GAZETTE, EX. 21-08-2020 [ PART IV
leviable under this Act, after one month from the date of such
purchase, such fine of one per cent. of the prevailing jantri every
month, as the Collector may, subject to rules made under this Act,
direct.
(c) On receipt of the notice of the purchase for the land alongwith other
particulars sent by the purchaser under clause (a), the Collector,
after making such inquiry as he deems fit and if he -
(3) (a) The purchaser shall comply with the provisions of any law for the
time being in force or any order or directions of the Central
Government or the State Government or any Corporation owned or
controlled by such Government, Government Company, local
authority or statutory authority in relation to use of land for
purpose shown in sub-section (1) before the land is put to use for
such purpose.
PART IV ] GUJARAT GOVERNMEMT GAZETTE, EX. 21-08-2020 13-15
(b) The area of land which is desired to be sold shall not be used for
any other purpose other than intended to use.
(c) The purchaser shall start providing of services or use of land within
three years from the date of the permission is given for purchase of
such land.
Provided that, -
(a) such permission for sale of such land shall be granted only
for the purpose specified in sub-section (1), however, if such
purpose usages not permissible under the Common General
Development Control Regulations, in such cases, the
permission shall be granted only for the purpose of use of
such land as per the zone declared in the Common General
Development Control Regulations;
(b) clauses (a) to (d) shall not apply in the cases of the land
which is purchased for the purpose specified in sub-section
(1) and which needs to be transferred in the case of merger,
amalgamation, joint venture, subsidiary company, group
company and associate company, conversion of partnership
in the company and vice versa or into limited liability
partnership, change in partners but in such cases permission
shall be granted after charging of 10 per cent of the
prevailing jantri value.”.
PART IV ] GUJARAT GOVERNMEMT GAZETTE, EX. 21-08-2020 13-17
(1) in sub-section (4A), for the existing proviso, the following proviso
shall be substituted, namely: -
“Provided that such permission shall be granted by the Collector
only upon the payment of -
(a) 100 per cent. of the prevailing jantri value, if the application
is made after a period of three years but before completion
of a period of five years from the date of certificate as
referred to in sub-clause (i) of clause (c) of sub-section (3);
Provided that, -
(i) such permission for sale of such land shall be granted only for
the bonafide industrial purpose and in case the industrial
purpose usage is not permissible under the Common General
Development Control Regulations, such permission shall be
granted only for the purpose of use of such land as per the zone
declared in the Common General Development Control
Regulations;
(ii) clauses (a) to (d) shall not apply in the cases of the land which
is purchased for bonafide industrial purpose and which needs to
be transferred in the case of merger, amalgamation, joint
venture, subsidiary company, group company and associate
company, conversion of partnership in the company and vice
versa or into limited liability partnership, change in partners but
in such cases permission shall be granted after charging of 10
per cent of the prevailing jantri value;
(iii) clauses (a) to (d) shall not apply in the cases of the land which
is purchased for bonafide industrial purpose and which needs to
be transferred in the case of acquisition of assets of industrial
unit under order of Debt Recovery Tribunal/National Company
Law Tribunal/ Liquidator /Financial Institutions auction,
subject to the condition that such transfer is ordered by such
Court/Authority but in such cases the purchaser shall apply for
permission within 60 days from the date of transfer of assets by
authority and such permission shall be granted after charging of
10 per cent of the prevailing jantri value;
(iv) if any bonafide industrial user fails to take such permission
within a period as specified in clause (iii) above, the Collector
shall grant permission by charging of 20 per cent of the
prevailing jantri value.”.
8. Insertion of new section 89AA to Bom. XCIX of 1958.- In the
Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch
Area) Act after section 89A, the following section shall be inserted,
namely: -
13-20 GUJARAT GOVERNMENT GAZETTE, EX. 21-08-2020 [ PART IV
Sale of land “89AA. (1) The sale of land for other than bonafide industrial
for the
purposes purpose shall be permitted in certain cases which are declared by
other than
industrial State Government from time to time:
purposes.
Provided that-
Provided that, -
STATEMENT
The land which is purchased for bonafide industrial use and instead
of using, such land is required to sale, at that time such permission for sale
of such land shall be granted only for the bonafide industrial purpose, and
in case the industrial purpose usage is not permissible under Common
General Development Control Regulations, in such cases, the permission
shall be granted only for the purpose of use of such land as per the zone
declared in Common General Development Control Regulations;
It is also proposed that where the land is sold for bonafide industrial
purpose, it can be transferred in the case of merger, amalgamation, joint
venture, subsidiary company, group company and associate company,
conversion of partnership in the company and vice versa or into limited
liability partnership, change in partners, but in such cases, permission shall
be granted after charging of 10 per cent of the prevailing jantri value;
KALPESH SHAH,
Additional Secretary to Government.
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