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State of Gujarat - Section

Section 28 in Saurashtra Land Reforms Act, 1951

28. Acquisition of occupancy rights by tenants.

(1)Subject to the provisions contained in Chapter IV of this Act, a tenant shall at any time be entitled to acquire occupancy rights in his holding on payment of such amount as shall be equal to six times the assessment payable in respect of the agricultural land included in such holding, and may apply in the prescribed form to the Mamlatdar for acquiring such rights :Provided that a tenant who has acquired chav or buta hak, shall acquire such rights without any payment :Provided further that in the case of a holding in respect of which or in the produce of which the interest of the Girasdar is limited, the tenant shall pay an amount reduced in proportion to the limited interest of the Girasdar in the holding in such manner as may be prescribed.
(2)An application under sub-section (1) shall be in such form as may be prescribed and shall contain the following particulars, namely:-
(a)the area and location of the holding in respect of which the application is made ;
(b)the name of the Girasdar in respect of his holding ;
(c)full particulars of the holding containing-
(i)the approximate area of the land in his possession ;
(ii)approximate area of agricultural land, bagayat, jirayat, bid land and cultivable waste separately; and
(iii)the number and location of dwelling houses in his possession;
(d)particulars whether the dwelling-house was built at his cost or at the cost of his predecessor-in-title or of the Girasdar ;
(e)whether he holds khalsa land, and, if so, its area and location ; (f) whether he holds chav or buta huk, and, if so, its area and location; and (g) such other particulars as may be prescribed :
[Provided that the Settlement Commissioner may direct generally or in any individual case that an application which is not in the prescribed form shall be accepted.] [This proviso was added by Saurashtra Act No. XV of 1962.]
(3)The application shall be accompanied by a receipted challan showing the payment into the treasury of the amount payable by the tenant under sub-section (1).