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State of Gujarat - Section

Section 25 in Gujarat Khar Lands Act, 1963

25. Contribution towards cost of ???.- (1) The cost of the scheme which has come into force under section 114 shall be met by contribution between the State Government and the landlords and the tenants thereof in accordance with the following rules:-

Rule 1.- The State Government shall contribute 40 per cent of the cost and if no lands included in the scheme are leased, the rest of the cost shall be borne by the landlords:Provided that if in the opinion of the State Government the cost of the scheme is so high that it is necessary to give concession in respect of the contribution payable by the landlords, intermediate tenure holders and tenants, the State Government may contribute more than 40 per cent but not more than. 60 percent of the cost.Rule 2.- If all or any of the lands included in the scheme are leased, 1/6th of the rest of the cost shall be borne by the landlords, notwithstanding anything to the contrary contained in any agreement, custom or usage relating to the liability of the tenants to pay such cost, and 5/6th of the rest of the cost; shall be borne by the tenants.Rule 3.- If any land included in a scheme is held on any kind of permanent tenancy, the contribution payable by landlords and tenants shall be as follows:-(i)If the landlord or any intermediate tenure holder receives a fixed rent in respect of such land payable in cash or in kind, the amount or quantity of rent not being variable in proportion to the yield of the land-(a)the landlord or any of the intermediate tenure holders who receives such fixed rent shall not be liable to pay any part of the contribution;(b)if neither the landlord nor any of the intermediate tenure holders is liable to pay any part of the contribution, under sub-clause (a), the tenant shall pay rest of the cost.(ii)If the landlord and any intermediate tenure holder do not receive a fixed rent as specified in clause (i)-(a)the 1/6th of the rest of the cost payable by the landlord shall be paid by the landlord and the intermediate tenure holder, who do not receive a fixed rent in proportion to the amount of rent received by each of them in respect of the land;(b)the tenant in actual occupation shall pay 5/6th of the rest of the cost.Rule 4.- Where lands included in a scheme, consist of lands which are submerged with tidal waters and those which are not so submerged, the contribution payable by the landlords, intermediate tenure holders and tenants of lands which are not sub-merged shall be so fixed as it shall be one half of the contribution payable by the landlords, intermediate tenure holders and tenants of lands which are submerged.Rule 5.- If the lands included in a scheme are held by more than one land lord, intermediate tenure holder or tenant and if any question arises as to the amount of contribution to be paid by such landlord, intermediate tenure holder or tenant, the question shall be referred to the decision of such officer as the State Government may appoint in this behalf and the decision of such officer shall be final.
(2)The State Government may prescribe by rules made in this behalf the manner in which and the extent to which the contribution payable by landlords, intermediate tenure holders and tenants under this section may be levied in lieu of Cash payment.
(3)The contribution payable by the landlords, intermediate tenure holders and tenants in respect of any land shall, subject to the prior payment of the land revenue, if any, due to the State Government thereon, be a first charge on such land or the interest in such land, as the case may be, held by the person liable to pay such contribution.