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State of Gujarat - Section

Section 29 in The Gujarat Agricultural Lands Ceiling Act, 1960

29. Allotment of land vesting in Government.

(1)[Subject to the provisions of sub-section (1A), land other than grazing land] [These words, brackets, figure and letter were substituted for the words, 'Land dther than grazing land' by Gujarat 4 of 1968, Section 2 (1).], which vests in the State Government under Section 21 or 26 shall be allotted in accordance with the rules made in that behalf under this Act on payment of occupancy price payable there for in accordance with such rules in the following order of priority.-[***] [Clause (i) was deleted by Gujarat 2 of 1974, Section 23 (1) (a).]
(ii)co-operative farming society, where it is-
(a)a co-operative joint farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons;
(b)a co-operative farming society, the members of which are agricultural labourers, landless persons or small holders or a combination of such persons;
(iii)[ agricultural labourers and landless persons; [These clauses were substituted for the original Clause (iii), by Gujarat 2 of 1974, Section 23 (1) (b).]
(iv)small holders]:
Provided that the extent of land to be allotted to a co-operative farming society referred to in clause (ii) together with the land held as owner or tenant individually by the members thereof shall not exceed on area equal to the ceiling area multiplied by the number of members thereof:Provided further that the State Government may, by notification in the Official Gazette, give, in relation to such local areas as it may specify, such priority in the above orders, as it thinks fit to any class of persons who, by reason of the acquisition of their land for any development project approved for the purpose by the State Government, have been displaced, and required to be re-settled.
(1A)[ (a) Where there are two or more co-operative farming societies falling under sub-clause (a) or (b) of clause (ii) of sub-section (1) preference shall be given in the following order, namely-
(i)a co-operative society each of the members of which belongs to a Scheduled Tribe;
(ii)a co-operative society, the membership of which is held partly by persons belonging to a Scheduled Tribe and partly by persons belonging to a Scheduled Caste;
(iii)a co-operative society each of the members of which belongs to a Schedule Caste;
(iv)
(a)a co-operative society, the membership of which is not solely held by persons belonging to a Scheduled Tribe or Scheduled Caste;
(b)in the order of priority in the case of persons falling under [clauses (iii) and (iv)] of sub-section (1), a person belonging to a Scheduled Tribe shall have precedence over other persons and a person belonging to a Scheduled Caste shall have precedence over persons other than those belonging to a Scheduled Tribe.
(IB)The amount of occupancy price in respect of any land under sub-section (1), shall be equal to the amount of compensation determined in respect of such land under Section 23.]
(2)Where land which vests in the State Government under Section 21 or 26 was used by the holder before such vesting, as grazing or growing grass or is grazing land, the State Government may dispose it of in such manner as it thinks fit.
(3)An order of allotment of land under sub-section (1) or (2) if made by a Revenue Officer shall be subject to an appeal or revision as provided in Chapter XIII of the Bombay Land Revenue Code, 1879 (Bombay V of 1879) as in force in the area within the jurisdiction of such officer and nothing in Chapter VI of this Act shall apply to such order.[Explanation.-For the purposes of this Act-
(1)"Scheduled Caste" means such caste, race or tribe or part of or group within such caste, race or tribe as is deemed to be a Scheduled Caste in relation to the State of Gujarat under articles 341 of the Constitution of India ;
(2)"Scheduled Tribe" means such tribe or tribal community or part of or group within such tribe or tribal community as is deemed to be a Scheduled Tribe in relation to the State of Gujarat under Article 342 of the Constitution of India.]