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[Cites 0, Cited by 4] [Section 2] [Entire Act]

State of Gujarat - Subsection

Section 2(14) in Saurashtra Land Reforms Act, 1951

(14)"Gharkhed" means any land reserved by or allotted to, a Girasdar before the 20th May, 1950 for being cultivated personally, and in his personal cultivation :Provided that where such reservation in respect of any land was made by the Girasdar after the 1st day of January, 1948, but before the 20th May, 1950, and an application disputing such reservation was made to the competent authority before the [1st May, 1951] [These words and figures were substituted for the words and figures '20th May, 1950' by Saurashtra Act No. 1 of 1952, s.2.] and is pending at the commencement of this Act, the said authority shall decide whether the land shall be Gharkhed:Provided further that where such reservation was made in respect of any land by the Girasdar after the 20th May, 1950, or where such reservation having been made at any time between the 1st January, 1948, and the 20th May, 1950, the land was let out to another tenant after the 20th May, 1950, a tenant aggrieved in consequence of such reservation or letting out, as the case may be, may file an application to the Mamlatdar within 90 days from the commencement of this Act, and the Mamlatdar shall decide such application in accordance with the provisions of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949, (Ord. No. XLI of 1949) and if he decides that the tenant was dispossessed from the land in contravention of the provisions of that Ordinance, or that the tenant is entitled to restoration of the land, that land shall not be deemed to be Gharkhed.Explanation. - For the purposes of this clause, any land reserved by, or allotted to a Girasdar for being cultivated personally after 1st January, 1948, shall continue to be Gharkhed notwithstanding -
(a)that the Girasdar has allowed the land to be cultivated by the tenant cultivating the same on 1st January, 1948, under the provisions of clause (h) of section 2 of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949; or
(b)that at any time after the 1st January, 1948, but before the 20th May, 1950, the land was given to a tenant for being cultivated by him ;