GUJARAT LAND REVENUE (AMENDMENT) RULES, 2017

PREAMBLE

Whereas certain draft rules further to amended the Gujarat Land Revenue Rules, 1972 were published as required under sub-sec. (3) of Sec. 214 of the Gujarat Land Revenue Code, 1879 at page 343-1 to 343-44 of the Gujarat Government Gazette, Extraordinary Part IV-B, dt. 11.8.2017, under the Government Notification. Revenue Department No. GHM/2017/66/CTS/132017/711/H dt. 11.8.2017 inviting objections or suggestions from all persons likely to be affected thereby within a period of 30 days from the date of publication of the said notification in the Official Gazette.

And whereas no objections or suggestions are received by the Government in respect of the said notification.

Now, therefore in exercise of the powers conferred by Sec. 214 of the Gujarat Land Revenue Code, 1879, the Government of Gujarat hereby makes the following rules further to amend the Gujarat Land Revenue Rules, 1972 pursuant to Sees. 125-A to 125-U of the said Code in relation to the introduction of Supplemental Revenue Settlement in the transitional areas, namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Gujarat Land Revenue (Amendment) Rules, 2017.

(2)     They shall come into force on the date of publication in the Official Gazette.

Rule - 2.

In the Gujarat Land Revenue Rules, 1972, after Chapter IIIB, the following new chapter shall be inserted, namely:

"Chapter III-C

REGARDING LANDS IN THE TRANSITIONAL AREAS

19-AA. Fixing the limits of the Village, Town, City and the Transitional Areas.

(1)     In the transitional areas fixed under Sec. 125-B of the Code. The Government may direct the Collector concerned to conduct supplemental revenue settlement.

(2)     On receipt of the direction under sub-rule (1), the Collector shall, after conducting preliminary survey of the transitional area, submit a proposal in Form I to the Government along with the survey numbers, block numbers, TP numbers, final plot numbers and details of city survey, the occupants of lands and area of Lands included in the transitional area.

(3)     The State Government, after scrutinizing the proposal of the Collector may give approval by publishing notification in Form 2.

(4)     On approval of the Government, the Collector shall publish notification for fixing the site of the transitional area.

19-BB. Notification by Collector.

(1)     On the basis of the approval granted by the Government, the Collector shall publish notification in Form 3 for supplemental revenue settlement in transitional areas.

(2)     Notification shall be published at the conspicuous places in the transitional areas like Chavdi, Ward office Mamlatdar Office, Prant Office and the Collector Office.

(3)     Notification also published through any means of modern communication.

19-CC Publication of public notice.

(1)     A written public notice in Form 4 shall be published in the area for which inquiry is proposed to be made before conducting supplemental revenue settlement in accordance with Sec. 125-G regarding time, place subject matter of inquiry.

 

(2)     The public notice under sub-rule (1) shall be published at the conspicuous places like Chavdi, Ward Office, Mamlatdar Office, Prant Office and the Collector Office not less than 15 days before conducting supplemental settlement.

 

(3)     On publication of public notice, the claimant shall make individual application in the prescribed form and shall produce documents of proof regarding claims over land and identity.

 

(4)     The application of prescribed form may be downloaded from website of the Settlement Commissioner (landrecords.gujarat.gov.in) and it shall also be available from the office of the concerned Authorised Revenue Officer and the application form shall be available from urban E-dhara centre, Suvidha Centre and the e-Dhara centre.

19-DD Application to be made by the claimant.

(1)     After issuance of notification by Collector, claimant in the transitional area shall make an application to Authorised Revenue Officer in Form 5 for proving his claim through supplemental revenue settlement. The claimant may also submit his claim application to the Authorised Revenue Officer using any means of modern communication.

 

(2)     The clamant shall, along with the application, submit the map of the land showing adjoining boundaries of the land in his occupation, the names and addresses of persons residing in the said adjoining boundaries of the land.

 

(3)     The claimant shall also submit any one of the documents for proof of title like sale deed, agreement to sale, or any other document evidencing possession.

 

(4)     The claimant shall submit one or more document of proofs like PAN Card, Aadhar Card, Passport, Driving license or Voter Identity Card for his identity and proofs regarding his occupancy during the relevant period and shall mention the date of issuing thereof in the application.

 

(5)     In case of the land in occupancy of more than one claimants, the name of the claimant in whose favour the claim is to be granted should be clearly mentioned and consent for the same of the other claimants should also be obtained in the form of affidavit and it shall be submitted by the claimant.

 

(6)     The claimant shall make a declaration whether the land for which claim is made is not covered under any of the categories mentioned in sub-sec. (2) of Sec. 125-F.

 

(7)     The Claimant shall make a declaration that no court case in the any court of law is pending/no injunction has been granted in respect of the said land by any civil court and if any case in the any court of law is pending, the details shall be furnished.

 

(8)     The claimant shall, along with the application, submit the challan showing payment of supplemental revenue settlement fee as may be determined by the Government from time to time.

19-EE. Service of notice to the individual.

(1)     The Authorised Revenue Officer shall serve the notice to the individual in Form 6 to all persons, who claim for the supplemental revenue settlement.

 

(2)     The notice to all occupants of the private land whose names appear in the revenue record shall be served by affixing the notice at the site of the land for which claim is made and a panchanama should be drawn thereof.

 

(3)     The persons concerned in the claim shall submit objection, if any, to the Authorised Revenue Officer within 30 days.

 

(4)     The notice to the persons residing at adjoining boundaries of the land for which claim is made shall be served by affixing notice on the addresses shown in the claim application.

 

(5)     The notice shall be published at the Chavdi, Ward Office, Mamlatdar Office, Prant Office and the Collector Office.

 

(6)     The notice shall be affixed on all properties for which the claim is made.

 

(7)     The Notice may also be served to the concerned.

19-FF. Notice inviting objections.

(1)     Notice for inviting objections, if any, in respect of the claim of the claimant, in relation to inquiry to be conducted for supplemental revenue settlement shall be published in Form 7. Any objection to the claim shall be submitted in writing by post/e-mail to the Authorised Revenue Officer within 30 days from the date of issuance of notice.

 

(2)     The notice inviting objections shall be published at the property for which claim is made.

 

(3)     The notice to all persons whose names are shown in the claim application and residing in the adjoining boundaries of the land for which claim is made shall be served by affixing on the addresses shown in the claim application.

 

(4)     The notice may also be served to the concerned.

 

(5)     Notice shall also be served to the Secretary/President/Chairman Manager of the proposed society or the registered society.

19-GG. Procedure for conducting supplemental revenue settlement.

(1)     The supplemental revenue settlement shall be conducted by the Authorised Revenue Officer appointed by the State Government.

 

(2)     Authorised Revenue Officer shall publish a public notice in Form 4 before conducting supplement revenue settlement.

 

(3)     The claimant claim along with the necessary document of proofs regarding his claim as well as his identity shall be given a notice in Form 6 within a period of not less than 10 days and the person who has filed objection to the claim of the claimant shall be given notice in Form 7.

 

(4)     The process of supplemental revenue settlement shall be initiated by the Authorised Revenue Officer and conduct summary inquiry to decide the claim of claimant, area of the land and the possession thereon:

 

(5)     The Authorised Revenue Officer shall conduct inquiry by examining the documents produced by the claimant appearing before him along with necessary documents of proofs as well as proofs for entering the name of such person like land assessment statement, maps showing non-agricultural use, order granting non-agricultural use, sale deed, agreement to sale, contract, or any writing.

 

(6)     While scrutinising the document of proofs submitted by the claimant, a statement shall be recorded by the Authorised Revenue Officer after affording an opportunity of personal hearing to all interested persons and shall obtain signatures thereon.

 

(7)     The Claim over the land shall be decided after having regard to the document of proofs produced by the claimant and examining thereof with the revenue records and after verifying the area of land, relevant period, the identity of the claimant and nature of claim.

 

(8)     After conducting inquiry as aforesaid, the Authorised Revenue Officer shall take a decision and pass an order with recording of point-wise findings and the reasons in support of the same on the claim made by the claimant.

 

(9)     The Authorised Revenue Officer shall issue an order directing the claimant to make payment of the compounding fee, amount of premium and other Government Dues.

19-HH. Intimation about the decision of the Authorised Revenue Officer.

(1)     Authorised Revenue Officer shall issue an order under sub-rule (9) of Rule 19-GG, on production of the payment being made by the claimant towards the compounding fees, order for issuance of "Certificate of Claim" shall be made wherein all the Government dues shall be mentioned.

(2)     In case the Authorised Revenue Officer, after examining the documents submitted by the claimant is of the opinion that the claim is not acceptable for being entered into the Register of Mutations, an order rejecting the claim shall be made by the Authorised Revenue Officer.

19-II. Issuance of Certificate of Claims.

(1)     On the acceptance of the claim made by the claimant, a Certificate of Claim in Form 5A of the City Survey Form shall be issued.

 

(2)     The amount of premium and all Government Dues shall be distinctly mentioned in the Certificate of Claims.

 

(3)     On the production of Certificate of Claims by the claimant the name of the claimant shall be entered in the register of mutation along with all government dues accrued and payable in respect of which the certificate of claim is issued.

 

(4)     Amount of compounding fee, premium and all other Government Dues as shown in the Certificate of Claims shall be paid by the claimant within a period of 90 days from the date of issuance of Certificate of Claims.

19-JJ. Time limit for Certificate of Claims.

(1)     The Certificate of Claims issued by the Authorised Revenue Officer shall be valid for a period of 90 days and the amount shown in the Certificate of Claims shall be paid by the claimant in one installment only. If the claimant fails to make payment within a period of 90 days, the Certificate of Claims issued by the Authorised Revenue Officer shall stand automatically cancelled.

19-KK. Procedure for obtaining a fresh Certificate of Claims.

(1)     In case where the Certificate of Claims granted under Rule 19-11 gets automatically cancelled, such claimant may apply afresh in Form 8.

(2)     An application in Form 8 made after one year shall be forwarded by the Authorised Revenue Officer to his immediate higher Officer for decision.

19-LL Granting Certificate of Claims afresh.

The Authorised Revenue Officer shall follow the procedure prescribed in Rule 19-DD before issuing fresh Certificate of Claims.

19-MM. Register of Certificate of Claims.

(1)     The Certificate of Claims issued under Rule 19-11 shall be entered in the Register of Certificate of Claims.

(2)     The Register of Certificate of Claims shall be maintained in City Survey Form 5 manually as well as in electronic form.

19-NN. Register of Mutations.

(1)     On the basis of the issuance of Certificate of Claims, name of the claimant shall be entered in the Register of Mutations along with all encumbrances of Government Dues Over the claimed lands.

(2)     The Register of Mutations shall be maintained in City Survey Form 6 manually as well as in electronic form.

(3)     No right to automatically get the name entered in the Register of Records of Rights is created merely on entering the name of the claimant in the Register of Mutations.

19-OO. Certificate of No Dues.

(1)     On the claimant making payment of the amounts of compounding fees, premium, other Government Dues as shown in the Certificate of Claims within 90 days from the date of issuance of the Certificate of Claims, the Authorised Revenue Officer shall issue a Certificate of No Dues to the claimant in City Survey Form 5C.

(2)     The Certificate of No Dues issued by the Authorised Revenue Officer shall enter in the Register of Certificate of No Dues maintained in City Survey Form 5B in manually as well as in electronic form.

19-PP. Entering name of claimant in the Register of Record of Rights.

On issuance of Certificate of No Dues under Rule 19-00, claimant may apply for acquisition of rights, the name of the claimant shall be entered in the Register of Record of Rights in accordance with the provisions of Sec. 135-C of the Chapter XA of the Gujarat Land Revenue Code, 1879 on an application being made by the claimant in Form 9.

19-QQ Maintain Forms, Formats and Registers by the Settlement Commissioner.

(1)     The Settlement Commissioner shall ensure that various Forms, Formats and Registers are designed, used, maintained and updated throughout the State for conducting supplemental revenue settlement by the Authorised Revenue Officer.

(2)     The Annual Recovery Statement to be submitted by the Collector after end of every revenue year in respect of the other fixed revenue shall be submitted to the Settlement Commissioner within ten days of the end of every revenue year. Maintenance Surveyor and City Survey officer shall make a plan for recovery of the other Revenue dues as arrears of the dues for the current year. As and when the circumstances demands for recovery by penal action then proposal shall be sent to Mamlatdar for recovery of arrears of land revenue under intimation to the Collector concerned.

19-RR Proceeding to be initiated by the Authorised Revenue Officer in case of claimant not making any application.

Where the claimant does not apply under Sec. 125-H of the Act, the Authorised Revenue Officer shall conduct supplemental revenue settlement and "Certificate of Claims" shall be issued on the payment up to four times of the amount of supplemental revenue settlement fee and as the case may be compounding fee and name of claimant shall be entered in the Register of Mutation.

19-SS Duties and responsibilities of Survey Officers.

(1)     To prepare maps and other relevant records for the purposes of Chapter 8, 8A, 9, 9A 10 and 10 A of the Gujarat Land Revenue Code, 1879.

 

(2)     To follow the procedure mentioned in Secs. 96 & 97 of the Gujarat Land Revenue Code, 1879 for the purpose of survey work.

 

(3)     In view of sub-sec. (1) of Sec. 3 of Gujarat Land Revenue Code, 1879, as the officers conducting survey, settlement work are Revenue Officer, the Survey Officers may discharge functions and duties of revenue officers under the general or special order of the Government.

 

(4)     To issue summons for documents/evidence in accordance with the provisions of Secs. 189 & 190 of the said Code.

 

(5)     By establishment, maintenance and updation of GCN (Ground Control Network) on the land and update the maps accordingly.

 

(6)     To update the land records under the instructions of the Settlement Commissioner under Rule 15.

 

(7)     To take decision in accordance with the provision of Sec. 119 of the said Code in respect of boundary in case there are no disputes.

 

(8)     For division of survey numbers into new survey numbers or division of survey numbers in to sub-divisions, to update the record in every revenue year for division of survey numbers into new survey numbers or division of survey numbers into subdivisions by chalking out measurement plan.

 

(9)     To ensure the availability of record of right in new survey areas/transitional areas.

 

(10)   To ensure that in the city survey areas/transitional areas, the entries in the Register of Certificate of Claims, Register of Certificate of No Dues, Register of Mutations and Register of Record of Rights and ancillary record are updated and are consistent.

 

(11)   To update the miscellaneous revenue the other fixed revenue and demand for rent, recovery and other accounts.

 

(12)   To supervise and control the visits of the maintenance surveyor for recovery.

 

(13)   To verify and update the city survey formats and guide the subordinate employees.

 

(14)   To evolve means for sanctioning assessment and other fixed revenue, preparation of Format 1 and 2 for effecting timely recovery thereof.

 

(15)   To see that the Index No. 2 received from the Sub-Registrar are timely recorded in the city, survey record.

 

(16)   To see that all records, city settlement formats and registers are maintained manually and in electronic form.

19-TT. Prescribing Title cum Property Register and Abstract of Title-cum-Property Registrar, prescribing the format of Statement of other fixed revenue and maintenance of statement of other fixed revenue.

(1)     In the village Form 1, the yield of agricultural land is shown and in the same manner in the City and transitional Areas, lands other than agricultural land and other fixed revenue are shown.

 

(2)     The Title cum Property Register is an important register as the income from non-agricultural assessment, conversion tax, income from rent, kiraya income etc. forming main source of income of the State Government in city areas is entered therein.

 

(3)     In the village Form 2 shall be prepared for other Permanent Yield, in the same manner for city survey areas, the format in City Survey Form 2 shall be prepared for other fixed revenue.

 

(4)     The properties which were previously revenue free by custom, the non-agricultural assessment shall be leviable for use of either residential, industrial, commercial or other uses.

 

(5)     The properties subject to non-agricultural assessment and the Government Dues payable thereon shall be entered in this register and demand on its basis shall be raised every year.

 

(6)     Maintenance Surveyor shall make recovery of the amounts mentioned in sub-rule (5) and every revenue year at least 5% of the properties shall be assessed as sample cases for verifying the same.

 

(7)     City survey superintendent shall maintain and update this register accordingly.

 

(8)     The Superintendent of Land Records shall certify this register. The said register shall be maintained manually as well as in electronic form.

 

(9)     The Title cum Property Register shall be maintained in City Survey From 1 and abstract of the Title-cum-Property Register shall be maintained in City Survey Form 1(A).

 

(10)   The Dumala Register shall be maintained as per the instruction of the Collector and it shall be updated every year and all cases of breach of conditions shall be processed and revenue arising there from shall be recovered.

19-UU. Title case-Self indexing (S.I.) File, maintaining City Survey Form 7-A.

(1)     Application as per prescribed form being made by claimant in this format, plan mentioning adjoining boundaries of land as per the claim along with the application of claimant, supporting evidences which have been submitted, public notice, individual notice issued by the Authorised Revenue Officer, objections of interested persons submitted in that regard, decision taken by Authorised. Revenue Officer regarding objections, details submitted by the claimant in support of claimed with reference to individual notice, objections received from residents residing as per boundaries decision taken by the authorised revenue officer regarding that matter, a Certificate of Claim as per prescribed form being issued by the Authorised Revenue Officer to claimant, acknowledgment regarding payment of compounding fee mentioned in a Certificate of Claim, knowledge regarding payment of amount of premium and other Government Dues mentioned in a Certificate of Claim, Certificate of No-Dues issued by the Authorised Revenue Officer and details of application to be included in Record of Rights as per Sec. 135-C of the Gujarat Land Revenue Code, 1879 from the claimant with reference to the matter shall be given page numbers and shall be maintained in Self Indexing file.

 

(2)     As the Self Indexing File is important form of revenue record used in preparing Record of Rights, all the details being noted in it shall match the Record of Rights.

 

(3)     All the papers starting from the application of the claimant to the Authorised Revenue Officer till the decision of the Authorised Revenue Officer, maps etc. shall be kept in the S.I. File.

19-VV. Title Docket Form.

(1)     The Title Docket Form is the cover page of the Self Indexing File.

 

(2)     It should be maintained on the basis of the Self Indexing File and date-wise information should be entered in the said form and each entry shall bear the signature of the concerned officer.

 

(3)     As the information in the Title Docket Form is a relevant evidence for entering the name of a person in the Record of Right, all the information shall be updated in the Title Docket Form.

 

(4)     It shall be the duty of Maintenance Surveyor to maintain and have custody of Title Docket Form.

 

(5)     Title Docket Form shall be maintained in City Survey Form 7-B.

19-WW Maintaining of Register of Record of Rights.

(1)     This form shows the nature of right acquired in land. As it is difficult to mention different types of nature of rights and as the Record of Rights shows such nature of rights, it is imperative that all the information is entered therein with accuracy and no irrelevant information is mentioned therein.

 

(2)     A claimant shall entitled to get his name entered in the Register of Record of Rights on the basis of a Certificate of No Dues issued by the Authorised Revenue Officer for transitional areas and in accordance to Sec. 135-C of the Gujarat Land Revenue Code, 1879.

 

(3)     The claimant shall make an application under Chapter XA of the Code in the City Survey Office.

 

(4)     The application may be made by means of modern communication also in addition to e-dhara Centre, Urban E-dhara Centre. Suvidha Centre.

 

(5)     In case the claimant is entitled to get his name entered in the Register of Record of Rights under Sec. 135-C of the Code, proceedings shall be undertaken for the purpose.

 

(6)     A copy of the entry made by the Maintenance Surveyor in such register shall be published on the notice board of the City Survey Office.

 

(7)     The Maintenance Surveyor shall intimate to all the persons appearing from the record of rights or Register of Mutation to be interested in the mutation and to any other person whom he has reason to believe to be interested therein in the manner as may be prescribed.

 

(8)     Objections to the proposed change shall be taken within one month for production of documents in support of the objection.

 

(9)     The Maintenance Surveyor shall give receipt of the objection taken in prescribed form.

 

(10)   The Competent Officer shall process the application of the claimant in accordance with the provisions of Chapter XA of the Gujarat Land Revenue Code, 1879.

 

(11)   The Register of Record of Rights shall be maintained manually as well as in electronic form.

 

(12)   The Register of Record of Rights shall be maintained in the City Survey Form 7.

19XX. Title-cum-Property Card (Abstract of Record of Rights.

Under the provisions of Secs. 95 & 131 of the Gujarat Land Revenue Code, 1879, city survey area is fixed by collector under Sec. 126 of the said Code. On introduction of City Survey village site/city survey in non-agricultural and village lands which are not primarily used for agricultural purpose and rights thereon are decided in Register of Record of Rights. The rights so decided are shown in Title cum Property Cards. The formats of Title cum Property Cards are of Three types as mention below:

The Property Card shows information such as City Survey No., area, tenure, assessment, acquisition of rights, location of property, identification of property, details of occupant and details of mutation etc. 

(a)      City Survey Form 7C(1) for Title cum Property Card-Individual Property; 

 

(b)      City Survey Form 7C(2) for Title cum Property Card for land (In case of Multi-strayed property); 

 

(c)      City Survey Form No. 7C(3) for individual unit in Multi-Storied Property.

19-YY. Preparing formats for lease.

In the Lease Register, the amount of Lease-Rent payable as per the terms and conditions for a specified period and the details of other amounts payable in respect of short term/long term leases are entered. In the Lease Register, the term of lease shall be mentioned. In all cases, it should be decided whether the lease is to be renewed or not, and the lease should be served with the notice to quit Six month before the expiry of the lease unless he applied for renewal. Whether the conditions of lease have been fulfilled or not shall be ascertained and proper action shall be taken on the basis of study of Lease Register as Government revenue is of prime importance. Lease Register shall be maintained in City Survey Form 3.

19-ZZ. Register of Miscellaneous Revenue Local Cess and Education Cess.

(1)     Details of miscellaneous Land Revenue, amounts recoverable as penalty, and all amounts payable due to the order of the Revenue Officer shall be entered in the Register and Receipt for recovery made should be issued in the prescribed format.

(2)     Demands raised for Miscellaneous Revenue.- Local Cess and Education Cess, recovery and amounts to be recovered, demand for permanent revenue and new demands raised for non-agricultural assessment, Local Cess, Education Cess, recovery thereof and arrears recovered shall be entered and updated in this register.

(3)     The Miscellaneous Revenue-Local Cess, Education Cess are to be maintained in City Survey Form 4.

(4)     Revenue arrears to be recovered at the year shall be entered in the abstract and the yearly demand for miscellaneous revenue, local cess and education cess are to be maintained in city survey Form 4 (A).

INDEX

INDEX