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State of Gujarat - Section

Section 214 in The Bombay Land Revenue Code, 1879

214. [ Rules. [Section 214 was substituted, by Bombay 4 of 1913, section 78.]

(1)The [[State] Government] may, by notification published in the [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.], [make, whether prospectively or retrospectively, rules] [These words were substituted for the words 'make rules' by Gujarat 2 of 1981, section 2 (w.r.e.f. 10-12-1980).] not inconsistent with the provisions of this Act to carry out the purposes and objects thereof and for the guidance of all persons in matters connected with the enforcement of this Act or in cases not expressly provided for therein.
(2)In particular, and without prejudice to the generality of the foregoing power, such rules may be made-
(a)regulating the appointment of revenue officers and the exercise by them of their powers and duties;
[***] [Clause (aa) was deleted by Gujarat 35 of 1965, section 13.]
(b)regulating the assessment of land to the land revenue and the alteration and revision of such assessment and the recovery of land revenue;
(c)prescribing the notice to be given in the case of inquiries and orders under section 37;
(d)prescribing the purposes for which unalienated land liable to the payment of land revenue may or may not be used, and regulating the grant of permission to use agricultural land for non-agricultural purposes;
(e)regulating the disposal of land and other property [vesting in the [Government] [The words 'vesting in the Crown for the purposes of the province' were substituted for the words 'vesting in Government', by the Adaptation of Indian Laws Order in Council.] for the purposes of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws order, 1950.];
(f)regulating the disposal of forfeited land;
(g)prescribing the terms and conditions on which, and the periods for which unoccupied unalienated land may be granted;
(gi)[ fixing the maximum amount of fine leviable under section 61; [Clause (h) was renumbered as clause (gi) by Gujarat 6 of 1997, section 5 (w.e.r.f. 24-12-1996)]
(h)[ the form of notice and the particulars to be sent under clause (b) of subsection (2), the form of and the time within a certificate is to be issued under sub-section (3), the rules subject to which the Collector may direct payment of fine under clauses (a) and (c) and the form of notice to be served under clause (b) of sub-section (4), and the circumstances in which the period may be extended under the proviso to clause (a) of sub-section (5), of section 65B.]
[[(h-i)] [Clause (hh) was inserted by the President's Act No. 26 of 1976, section 9.] prescribing the authority to which, the manner in which, and the times at which, the conversion tax shall be payable by an occupant under section 67A;][(h-ii) prescribing the form of notice to be issued to the transferee or his success or in interest by the Collector, making rules relating to the liability to pay arrears of land revenue in respect of an occupancy restored to the tribal transferor under sub-section (3) of section 73AA, and prescribing the period within which the tribal transferor shall accept the occupancy restored to him, under the proviso to the said sub-section (3); [Clauses (h-ii), (h-iii) and (h-iv) were inserted, by Gujarat 37 of 1980, section 4.](h-iii) prescribing the circumstances in which and the conditions subject to which the previous sanction of the Collector shall be given under subsection (2), occupancy price on the payment of which occupancy shall be granted under sub-section (5) and the distance within which any other village shall be situated and the order of priority in which, the occupancy price at which and the condition subject to which, the occupancy shall be granted to other classes of persons under sub-section (6) of section 73AA;(h-iv) the form in which the declaration shall be made, and the manner in which such declaration shall be verified, by the transferor, under clause (a) of sub-section (1) of section 73 AD.]
(i)[ regulating the conduct of surveys and settlements of land revenue and prescribing the notice to be given under section 117-0 before the introduction of the settlement;] [Clause (i) was substituted by Bombay 20 of 1939, section 12.]
(j)regulating the division of survey numbers into sub-divisions and the fixing of the assessment of sub-divisions under section 117A.
(k)regulating the construction, laying out, maintenance and repair of boundary marks;
(l)regulating the computation, maintenance and revision of the record of rights and the registers of mutations, disputed cases and tenancies, and prescribing the forms in which they are to be complied and the officers by whom the said records and registers are to be tested and revised;
(m)regulating the exercise by village accountants and revenue officers of the powers of a survey officer and the assessment of cost and expenses under section 135G;
(n)prescribing the mode, form and manner in which appeals under Chapter XIII shall be drawn up and presented.
(o)prescribing the records, registers, accounts, maps and plans to be maintained for the purposes of this Act and the manner and forms in which they shall be prepared and maintained;
(p)[ the manner in which the assessment of survey numbers and sub-divisions thereof shall be based on their classification value; [Clauses (p) to (u) were inserted by Bombay 20 of 1913, section 12.]
(q)the manner in which enquiry is to be held under section 117-1;
(r)the manner in which the [average yield of crops] of land is to be ascertained by the Settlement Officer;
(s)the manner in which the settlement report shall be published under section 117J;
(t)the manner in which and the places at which the notice inviting objections to the settlement proposals shall be published under sub-section (2) of section 117J;
(u)the scale according to which the surcharge shall be levied or the rebate shall be granted under [***] [The words, brackets and figure 'sub-section (2) of were deleted, by Bombay 28 of 1956, section 11(3).] section 117M.
(v)[ regulating the supply of agriculturist pass-book.] [Clause (v) was added by Gujarat 9 of 1995,s . 10 (w.e.f. 23-07-1997).]
(3)The power to make rules under this section shall be subject to the condition of previous publication.]