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GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF

TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS ACT, 1991

THE GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION
OF TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS RULES, 1991

In exercise of the powers conferred by Section 12 of the Gujarat Prohibition of Transfer of Immovable Property and
Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991, (Gujarat 12 of 1991),
the Government of Gujarat hereby makes the following rules, namely :—
RULE TITLE

1. Short title and commencement

2. Definitions

3. Application under section 4(2)(a)

4. Application under section 5(3)(a)

5. Appeal under Section 6

6. Disposal of cases under Guj. 30 of 1986

7. Declaration of Disturbed Area

FORM 1. Application for declaration under clause (a) of sub-section (2) of Section-4

FORM 2. Register Under Section—4

FORM 3. Application for previous sanction for transfer of immovable property under clause (a) of sub-
section (3) of sec. 5

FORM 4. Register under Section—5

GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF
TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS ACT, 1991,GUJARAT PROHIBITION OF
TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF TENANTS FROM EVICTION
FROM PREMISES IN DISTURBED AREAS RULES, 1991,Rule.1 Short title and commencement

RULE 1 : Short title and commencement

(1) These rules may be called the Gujarat Prohibition of Transfer of Immovable Property and Provision
for Protection of Tenants from Eviction from Premises in Disturbed Areas Rules, 1991.

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GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF

TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS ACT, 1991,GUJARAT PROHIBITION OF
TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF TENANTS FROM EVICTION
FROM PREMISES IN DISTURBED AREAS RULES, 1991,Rule.2 Definitions

RULE 2 : Definitions

In these rules, unless the context otherwise requires :—

(a) "the Act" means the Gujarat Prohibition of Transfer of immovable property and provision for
Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991;

(b) "Form" means a form appended to these rules;

(c) "section" means a section of the Act.

GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF

TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS ACT, 1991,GUJARAT PROHIBITION OF
TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF TENANTS FROM EVICTION
FROM PREMISES IN DISTURBED AREAS RULES, 1991,Rule.3 Application under section 4(2)(a)

RULE 3 : Application under section 4(2)(a)

(1) An application under clause (a) of sub-section (2) of Section 4 , shall be made in Form-I within a period
of thirty days from the date of commencement of these rules.

(2) The receipt of the application referred to in sub-rule (1) shall be acknowledged by the Collector or
such Revenue Officer as may be authorised by him in this behalf.

(3) The Collector shall keep and maintain for each disturbed area a separate register in Form-II where in
application received by him under sub-rule (1) shall be entered.

GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF

TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS ACT, 1991,GUJARAT PROHIBITION OF
TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF TENANTS FROM EVICTION

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FROM PREMISES IN DISTURBED AREAS RULES, 1991,Rule.4 Application under section 5(3)(a)

RULE 4 : Application under section 5(3)(a)

(1) An application under clause (a) of sub-section (3) of section 5 shall be made in Form-III within a period
of Sixty days before the date of the intended transfer of immovable property situate in a disturbed areas.

(2) The receipt of the application referred to in sub-rule (1) shall be acknowledged by the Collector or
such revenue Officer as may be authorised by him in this behalf.

(3) The Collector shall keep and maintain for each disturbed area a separate register in Form-IV where in
application received by him under sub-rule (1) shall be entered.

GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF

TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS ACT, 1991,GUJARAT PROHIBITION OF
TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF TENANTS FROM EVICTION
FROM PREMISES IN DISTURBED AREAS RULES, 1991,Rule.5 Appeal under Section 6

RULE 5 : Appeal under Section 6

(1) An appeal under Section 6 may be filed within a period of thirty days from the date of receipt of an
order rejecting an application under sub-clause (i) of clause (b) of sub-section (2) of section 4 or under sub-
clause (i) of clause (b) of sub-section (3) of Section 5 .

(2) An appeal referred to in sub-rule (1) shall be in duplicate in the form of a memorandum signed and
verified by the appellant and setting forth the name and address of the appellant and the grounds of
appeal and shall be accompanied by certified copies of all documentary evidence, including a certified
copy of the order appealed against.

(3) Every appeal referred to in sub-rule (1) shall be accompanied by a fee of hundred rupees in the form
of Court fee stamps.

GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF

TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS ACT, 1991,GUJARAT PROHIBITION OF

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TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF TENANTS FROM EVICTION
FROM PREMISES IN DISTURBED AREAS RULES, 1991,Rule.6 Disposal of cases under Guj. 30 of 1986

RULE 6 : Disposal of cases under Guj. 30 of 1986

All the pending cases related to the Gujarat Prohibition of Transfer of Immovable Property and provision for
protection of Tenants from eviction from premises in Disturbed Areas Act, 1986 shall be disposed of under Section
7 of the Bombay General Clause Act, 1904.
GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF
TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS ACT, 1991,GUJARAT PROHIBITION OF
TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF TENANTS FROM EVICTION
FROM PREMISES IN DISTURBED AREAS RULES, 1991,Rule.7 Declaration of Disturbed Area

RULE 7 : Declaration of Disturbed Area

For the purpose of declaring disturbed area, the concerned Commissioner of Police or District Magistrate, as the
case may be shall make proposal to the Government.
GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF
TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS ACT, 1991,GUJARAT PROHIBITION OF
TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF TENANTS FROM EVICTION
FROM PREMISES IN DISTURBED AREAS RULES, 1991,1 Application for declaration under clause (a) of sub-
section (2) of Section-4

FORM 1 : Application for declaration under clause (a) of sub-section (2) of Section-4

FORM-

FORM
-I
Application for declaration under clause (a) of sub-section (2) of Section-4
To,
The Collector of District of
I, son/daughter/wife of , residing at
hereby states as under : —
That I was the owner of the immovable property described here-
under and situate in area which is declared as disturbed area.
That I have transferred immovable property to (hereinafter
referred to as "transferee") on i. e. during the period commencing on

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and ending on the day immediately before the commencement of the

Gujarat Prohibition of Transfer of Immovable Property and Provision for
Protection of Tenants from Eviction from Premises in Distrubed Area Act,
1991 for a consideration of rupees.
That the aforesaid transfer was made by the free consent of myself and the transferee.
I hereby apply for a declaration that the transfer of the said immovable
property was made by free consent of myself and the transferee and for a fair value of the
immovable property so transferred.
A certified copy of deed of transfer is enclosed herewith.
Description of Immovable property

Disctrict Sub-District Name of town and City Municipal Built-up area/ Area
locality where it is Survey Census of land
situate Ward No. Number Number

4
1 2 3 5
6

Dated :
Yours faithfully,
(Signature of Applicant
GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF
TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS ACT, 1991,GUJARAT PROHIBITION OF
TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF TENANTS FROM EVICTION
FROM PREMISES IN DISTURBED AREAS RULES, 1991,2 Register Under Section—4

FORM 2 : Register Under Section—4

FORM-

FORM II

Register Under Section

—4

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Sr. No. Date of receipt Applicant's name with full address Name of Name of Nature of
transfero transferee transaction
r-with with full and
full address consideration.
address
2 3 4
1 5 6

Details of Remarks

Details of immovable property

District Sub Distt. Town/ locality Ward City Survej Municipal Area orders if any.
No. No. ' Census Square made by
No. Metre Collector

8 9

GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF

TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS ACT, 1991,GUJARAT PROHIBITION OF
TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF TENANTS FROM EVICTION
FROM PREMISES IN DISTURBED AREAS RULES, 1991,3 Application for previous sanction for transfer of
immovable property under clause (a) of sub-section (3) of sec. 5

FORM 3 : Application for previous sanction for transfer of immovable property under clause (a) of sub-section
(3) of sec. 5

FORM-

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FORM III
Application for previous sanction for transfer of immovable property
under clause (a) of sub-section (3) of sec. 5.
To.
The Collector of District of I, .Son/daughter/wife of
residing at hereby state as under :
That I am the owner of the immovable property described hereunder
and situate in- area which is declared as a disturbed area.
That I intend to transfer the said immovable property to
(hereinafter referred to as the "Person intending to be transferee") for a
consideration of rupees.
That the aforesaid transfer is proposed to be made by free consent of myself and the person
intending to be transferee and for a fair value of the said immovable property proposed to be transferred.
I, hereby apply for previous sanction of the Collector to the propose transfer of the said immovable
property by me to the person intending to be transferee. Description of Immovable Property

Distt. Sub-Distt. Name of town and locality City Municipal Built-up area/
where it is situated Ward Survey Census Area of land
No. No. Number
1 4
2 5 6
3

Dated :—
Yours faithfully,
(Signature of Applicant.)

GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF

TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS ACT, 1991,GUJARAT PROHIBITION OF
TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF TENANTS FROM EVICTION
FROM PREMISES IN DISTURBED AREAS RULES, 1991,4 Register under Section—5

FORM 4 : Register under Section—5

FORM-

FORM—
Register unde

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Register unde
—5

Sr. No. Date of receipt Applicant's Name of Name of Nature of transaction

name with full transferor with transferee with
address full address full address

2
1 3 4 5 6

Description of immovable property

Town/Village City Survey Municipal Area order square made metre by

Distt. Sub-Distt. locality Ward Number Census Collector
Number Number

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