65. Uses to which occupant of land for purposes of agriculture may put his land.
- [(1) Any occupant, of land [assessed or held for the purpose of agriculture] [Section 65 was renumbered as sub-section (1) of that section by Gujarat 16 of 1989, section 2.] is entitled by himself, his servants, tenants, agents, or other legal representatives, to erect farm-buildings, construct wells or tanks, or make any other improvements thereon for the better cultivation of the land, or its more convenient [use for the purpose aforesaid] [These words were substituted for the words 'occupation for the purposes aforesaid', by Bombay 4 of 1913, section 24 (a).].Procedure if occupant wishes to apply his land to any other purpose. - But, if any occupant [wishes to use his holding or any part thereof for any other purpose] [These words were substituted for the words 'wishes to appropriate his holding or any part thereof to any other purpose' by Bombay 4 of 1913, section 24(a).] the Collector's permission shall in the first place be applied for by the [* *] [The word 'registered' was repealed, by Bombay 4 of 1913, section 24(b).] occupant.[The Collector, on receipt of such application,(a)shall send to the applicant a written acknowledgement of its receipt, and(b)may, after due inquiry, either grant or refuse the permission applied for: Provided that, where the Collector fails to inform the applicant of his decision on the application within a period of three months, the permission applied for shall be deemed to have been granted; such period shall, if the Collector sends a written acknowledgement within seven days from the date of receipt of the application, be reckoned from the date of the acknowledgment, but in any other case it shall be reckoned from the date of receipt of the application.]Unless the Collector shall in particular instances otherwise direct, no such application shall be recognized except it be made by the [***] [The word 'registered' was repealed, by Bombay 4 of 1913, section 24(b).] occupant.[*] [This paragraph and the marginal note thereto were omitted by the President's Act No. 26 of 1976, section 3.] [***] [This paragraph and the marginal note thereto were omitted by the President's Act No. 26 of 1976, section 3.](2)[ Notwithstanding anything contained in sub-section (1) but subject to any terms and conditions laid down by the State Government in this behalf, where an occupant has his holding in an area comprising a gram and such area is not within an urban agglomeration or within a radius of five kilometres from the limits of a municipal borough or notified area or industrial estate and such occupant wishes to use his holding or a part thereof only for a residential purpose, it shall not be necessary for him to obtain permission of the Collector under sub-section (1).Explanation. - For the purposes of this section-(i)"gram" means a gram within the meaning of the Gujarat Panchayats Act, 1961 (Gujarat VI of 1962);(ii)"industrial estate" means an industrial estate within the meaning of the Gujarat Industrial Development Act, 1962 (Gujarat XXIII of 1962);(iii)"municipal borough" or "notified area" means respectively, a municipal borough or a notified area within the meaning of the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964);(iv)"urban agglomeration" means an urban agglomeration within the meaning of the urban Land (Ceiling and Regulation) Act, 1976.] (83 of 1976.
