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State of Gujarat - Section

Section 23 in The Gujarat Agricultural Lands Ceiling Act, 1960

23. Quantum of compensation.

- [(1)] [Section 23 of the Principal Act was renumbered as sub-section (1) of that section, by Gujarat 2 of 1974, Section 20.] [Subject to the provisions of sub-sections (2) and (3), the amount of compensation for the land] [These words, brackets, and figures were substituted for the words 'The amount of compensation for the land', by Gujarat 2 of 1974, Section 20 (1).] vesting in the State Government under Section 21 shall be the aggregate of the following amounts, that is to say.-(A)[] [Clause (1) was renumbered as Clause (A) of that clause, by Gujarat 2 of 1974, Section 20 (2).] an amount calculated in accordance with such of the following subclauses as may be applicable to the land, namely.-(a)if the land is held on lease from Government, an amount equal to twelve times the full assessment thereof:[Provided that in the case of any such land which is held on lease for a period of less than twenty years from the appointed day,(i)where the unexpired period of lease does not exceed five years an amount equal to six times the full assessment thereof,(ii)where the unexpired period of lease exceeds five years but does not exceed ten years, an amount equal to nine times the full assessment thereof,(iii)where the unexpired period of lease exceeds ten years, an amount equal to ten times the full assessment thereof;][This proviso was inserted, by Gujarat 2 of 1974, 20 (2) (a).](b)in any other case, if the land is situate-(i)in a class A local area, two hundred times the full assessment thereof;(ii)in a class B local area; one hundred and eighty five times the full assessment thereof;(iii)in a class C local area, one hundred and seventy times the full assessment thereof;(iv)in a class D local area, one hundred and fifty five times the full assessment thereof;(v)in a class E local area, one hundred and forty times the full assessment thereof;(vi)in a class F local area, one hundred and twenty five times the full assessment thereof;(vii)in a class G local area, one hundred and ten times the full assessment thereof;(viii)in a class H local area, ninety five times the full assessment thereof;(ix)in a class I local area, eighty times the full assessment thereof ;(c)[ where the land to which sub-clause (b) applies has not been cultivated for a continuous period of there years immediately preceding the specified date, an amount equal to twenty-five per cent of the amount arrived at in respect thereof under sub-clause (b); [These sub-clauses were substituted for the original Clause (c) by Gujarat 2 of 1974, Section 20 (2) (b).](d)where the land to which sub-clause (b) applies is impartible and non-transferable, an amount equal to two-thirds of the amount arrived at in respect thereof under sub-clause (b).](B)[ an amount equal to the market value of trees in the land belonging to the holder of the land; [These clauses and Explanation were substituted for the original Clause (2), by Gujarat 2 of 1974, Section 20 (3).](C)an amount equal to the depreciated value of permanent structures and wells if any in the land belonging to the holder of the land and of the pipe lines placed on the land by the holder of the land, calculated as follows.-(i)where such depreciated value does not exceed Rs. 25,000/- an amount equal to the full depreciated value;(ii)where such depreciated value exceeds Rs. 25,000/-(a)for the first Rs. 25,000/- an amount equal to the full depreciated value;(b)for the next Rs. 25,000/- or part thereof, an amount equal to 80 per cent, of such amount;(c)for the next Rs. 50,000/- or part thereof, an amount equal to 70 per cent, of such amount; and(d)for the next Rs. 1,00,000/- or part thereof, an amount equal to 60 per cent of the such amount.Explanation. - In this section.-
(1)"full assessment" means, in a case where any land-
(a)is wholly or partially exempt from payment of land revenue, a sum which would have been assessed on such land, had there been no such exemption.
(b)is liable to payment of land revenue but is unassessed, a sum which would have been assessed on such land as land revenue.
(2)"depreciated value" means the value equal to the cost of the structures, wells or pipe-lines, as the case may be, and the cost of their construction or placing as reduced by an amount representing their depreciation calculated in the following manner, namely,-
Amount representing the depreciation
(1) For the first two years after construction   Nil
(2) For the next 8 years ... 2½% of the value every' year.
(3) For the next 20 years ... 4% of the value every year.]
(2)[ The amount to be calculated under clause (A) of sub-section (1) shall be subject to the maximum amount calculated at the rate of Rs. 2000 per acre (0.405 hectares).
(3)While determining the aggregate amount of compensation for the land under subsection (1), the amount calculated under clause (A), of sub-section (1) read with subsection (2) shall be reduced to the extent, if any, specified below.-
Amount Extent of reduction.
Where the amount does not exceed Rs. 20,000/- Nil
Where the amount exceeds Rs. 20,000/-  
(1) For the first Rs. 20,000/- Nil
(2) For the next Rs. 20,000/- or part thereof An amount equal to 10% of such amount
(3) For the next Rs. 20,000/- or part thereof An amount equal to 20% of such amount
(4) For any amount next in excess of Rs.60,000/- An amount equal to 25% of such amount]
[Sub-sections (2) and (3) were added by Gujarat 2 of 1974, Section 20 (4).]