45. All land liable to pay revenue unless specially exempted.
- [(1)] [Section 45 was numbered as sub-section (1) of that section by Gujarat 25 of 1972, section 2.] All land, whether applied to agricultural or other purposes, and wherever situate, is liable to the payment of land revenue to [the [Government] [The words 'the Crown' were substituted for the words 'Government' by the Adaptation of Indian Laws Order in Council.] according to the rules hereinafter enacted except such as may be wholly exempted under the provisions of any special contract with [the [Government] [The words 'the Crown' were substituted for the words 'Government' by the Adaptation of Indian Laws Order in Council.]] or any law for the time being in force:[Provided that a small holder shall not be liable to pay land revenue in respect of the land held by him for the time being for the purpose of agriculture.] [This proviso was inserted, by Gujarat 25 of 1972, section 2(1).]And special exemption may in case of necessity be over ruled for a time. - But nothing in this Act shall be deemed to affect the power of the Legislature to direct the levy of revenue on all lands under whatever title they may be held whenever and so long as the exigencies of the State may render such levy necessary.(2)[ As soon as may be after the coming into force of the Bombay Land Revenue and the Gujarat Panchayats and Education Cess (Amendment) Act, 1972 (Gujarat 25 of 1972), every Mamlatdar shall, in respect of each of the villages in his taluka, prepare and thereafter keep and maintain, in the prescribed manner and form, an up-to-date corrected list of small holders not liable to pay land revenue under this section and for that purpose shall, from time to time, amend, delete or add any entry in that list. In order to enable the Mamlatdar to so prepare, keep and maintain such list, every person who is or becomes a small holder shall, of his own accord or on being required by the Mamlatdar to do so by a general or special notice to be issued in the prescribed manner, furnish to the Mamlatdar within whose jurisdiction the land held by him is situate within the prescribed period, such particulars as may be prescribed and thereafter inform the Mamlatdar about any changes that may take place in such particulars from time to time. The Mamlatdar shall, after receiving such particulars and after making such inquiry as he thinks fit, make, or as the case may be, amend, delete or add, any entries in the list:Provided that the absence or the inclusion of the name of any person from or in such list shall not by itself be conclusive evidence as to the liability or non-liability of any such person as regards the payment of land revenue.(3)The list referred to in sub-section (2) shall be open to inspection in the office of the Mamlatdar during office hours and shall be published by the Mamlatdar in the prescribed manner and at prescribed intervals.Explanation. - In this section, "small-holder" means a holder in actual Possession of land who cultivates less than one-sixteenth of the ceiling area as defined in the Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat XXVI of 1961), as in force on the 1st August 1972 and who earns his livelihood principally by agriculture or by agricultural labour.] [Sub-sections (2), (3) and Explanation were inserted by Gujarat 25 of 1972, section 2 (2).]
