An act to consolidate and amend the

law relating to revenue officers, and

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Chapter: II – Constitution & Powers of
Revenue Officers

The chief controlling authority in
all matters connected with the land
revenue shall vest in the State
Government.

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 Divisions of Districts

Sec. 7 – Divisions to be divided in
districts.
Districts to be comprised of
Talukas - comprised of mahals &
villages

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 Appointment of Collector

 Sec. 8 – Collector
 Sec. 8 A – Additional Collector
 Sec. 9 – Assistant & Deputy Collector
 Sec. 10 – Duties & Powers

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Appointment of Mamalatdar

 Sec. 12 - The Chief officer entrusted
with the local revenue administration
of a Taluka shall be called a
Mamlatdar.
 He shall be appointed by the State
Government.
 Sec. 12 A – Additional Mamalatdar
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 Mahalkari

 Sec. 13 – Appointment by State
Govt. under the supervision of
Collector.
 Mahal – A defined portion of a
taluka, placed in charge of the
officer.
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Subordinate Powers of
Mamalatdar

 Sec. 14 Mamalatdar or Mahalkari
is competent to depute subordinate
to perform certain duties on their
behalf.

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 Village Accountant and
Stipendiary Patel

 Sec. 16 – State Govt. may appoint
Village Accountant (Talati) in one or
more village.
 In villages where no hereditary Patel
exists, it shall be lawful for the State
Government to appoint a Stipendiary
Patel.
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 Role of Village Accountant

 Sec. 17 - Village-Accountant to
keep such records as he may be
required to keep by the Collector
and to prepare public writings

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 Survey Officers

 Sec. 18 – For the functions of this code, and
for all matters connected with survey &
settlement, and for exercising all such powers
and perform all such duties as may be
prescribed by this or any other law for the
time being in force.

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 Concept of Government
Property

 Sec. 37 – All public roads, lanes and paths, the
bridges, ditches, dikes, and fences, on or beside, the
same, the bed of the sea and of harbors and creeks
below high water-mark, and of rivers, streams,
nallas, lakes, and tanks, and all canals, and water-
courses, and all standing and flowing water and all
lands wherever situated, which are not the property
of individuals, shall be Government Property.
 Collector is empowered to use and disposal of the
same.
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 
 Sec. 37 A – Extinction of Public Rights
over the Government Property when it
is not used for any public purpose.
 Appeal may be made to the collector
in writing for any such interest.

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 Extinction of rights of Public and
Individual in or over any public road,
lane or path for use of public

 State Government by a notification can extinguish the
right of the public or individual to use any public road,
lane etc.
 Collector to issue public notice
 Hear objection from the person interested
 Provision of Land Acquisition Act shall be applicable
 Report to be submitted by the government
 Government to make a final declaration after considering
the report with or without any modification in the
compensation amount.
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 Unauthorised Removal of
Natural Products

Sec. 39 – A: Any person unauthorisedly
removing any natural product from the
land assigned for special purpose or
from government land shall be liable
for its recovery through land revenue
by collector.

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 Regulations for Trees

Sec. 41 to 44 - Provided that
 All trees & forests rights vests in Government.
 Road-side trees on public property – shall belong
to govt.
 Unauthorised use of them – Recoverable by Govt.:
Collector to recover revenue along with criminal
remedies.
 Firewood and timer supply to be regulated by
Govt.
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Liability of Payment of Land
Revenue

 Sec. 45 – All land, whether applied to
agricultural or other purposes, and
wherever situate, is liable to the
payment of land revenue as per the
rules enacted except such as may be
wholly exempted under the
provisions of any special contract.
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1.

Land Revenue for all Lands:
a. Land revenue to be paid to the government
b. Unless expressly exempted by an agreement with the
government
c. Small holders exempted
d. Mamlatdars are required to maintain list of small holders
2. Liability of Alluvial Lands:
a. Any newly formed land under the holder of alienated land
b. Liable to pay land revenue
c. Exemption if the alluvial land is less than half an acre

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 Small Holder?

 A holder in actual possession of land who cultivates
less than 1/6th of the ceiling area as defined in the
Gujarat Agricultural Lands Ceiling Act 1960

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 Assessment and Alteration of
Assessment

Land Revenue shall be assessed w.r.t. the use.
a. Agricultural purpose
b. Residential purpose
c. Industrial purpose
d. Commerce purpose
e. Or any other purpose
Alteration of Assessment
A. Conversion of land without permission of collector
B. Violation of condition of holding the land free from assessment
C. Evict a person summarily for using the land for
Prohibited purposes

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 Register of Land

Sec. 53 – Register of all the
piece of land shall be
maintained in all the villages
for all the purposes of this act.

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Land revenue to be a paramount
charge on the land

 Sec. 56 - Arrears of land revenue due
on account of land by any landholder
shall be a paramount charge on the
holding and every part thereof.
 Failure in payment of which shall
make the occupancy together with all
rights liable to be forfeited.
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 Provisions for issuing Receipts

Sec. 58: Receipt of any sum paid under
the provisions of this act is compulsory
to be given by the Superior Holder to
the Inferior Holder.

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 Superior and Inferior Holder
Sec. 3(13)

 Superior Holder means a landholder
entitled to receive rent or land revenue from
other landholders whether he is accountable
or not for such rent or land revenue, or any
part thereof, to the State Government
 Inferior Holders means the holders
responsible to pay land revenue to such
superior holders.
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Penalty for failure to grant receipts.

 Sec. 59: Any person convicted of a breach of the
provisions to issue receipts shall be liable to a fine
not exceeding three times the amount received
for which a receipt was not duly granted
 And one-half of the fine may, at the discretion of
the Collector, be paid to the informer if any.
 Such inquiry may at any time be instituted by the
Collector of his own motion without any
complaint being preferred to him.
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 Use of the Land for various
purposes – Sec. 65

 Any land used as an agricultural purpose improvements
can be made for the better cultivation of the land
 For change in the purpose of the use of the land
permission of the collector is required and the collector
has to give the permission on an application within 3
months
 Permission of the collector is not required for the
construction of a residential house if the house is found
in a village which is not within the radius of 5 k.m of the
Municipality of a Urban area.

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Conversion for various purposes –
Sec. 65 A

 Conversion of the land from one non
agricultural purpose to other non
agricultural purpose collector’s
permission is required. And a conversion
tax shall be paid by the occupant.
 Unauthorized conversion of the land
would result in eviction of the occupant
and fine shall be imposed.
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Penalty for using land without
permission – Sec. 66

 Summery Eviction – Sec. 84 of
Tenancy Act.
 Fine for use of such land for
considerable period.
 Payment of Damages.

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 Transferability of
Occupancy

 Sec. 73 – Occupancy shall be subject to
transfer .
 Sec. 73 AA – Restriction on transfer of
tribal occupancy to non-tribals.
 Sec. 73 AC – Bar on jurisdiction of Civil
Courts
 Sec. 73 AD – Restriction on registration of
Documents
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 Relinquishment – Sec. 76

 In favor of the government.
 Notice to the mamlatdar or Mahalkari.
 Relinquishment cannot be made until
the payment of the revenue is made.
 Right of way shall be retained.

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 Summery Eviction

 Sec. 79 A – Any person occupying land
without authorization may be summarily
evicted by the order of collector

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Settlement of Boundary disputes
between Individuals

 Settled by the Arbitration committee of not more than 3
members.
 Appointed by the parties.
 Failure to settle the dispute by the arbitration committee
the survey officer shall settle the dispute.
 Award of the survey officer should be approved by the
Superintendent of Survey
 Settlement of boundary
 Specifies the boundary
 Rights of the landholder within the boundary
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 Construction and repairs of the
boundary marks

 Survey officer to construct maintain and repair
the boundary marks of a village or of any survey
number with the prior approval of the
superintendent of settlement officer
 Charges incurred shall be levied on the
landholder or persons having interest in the land
 The survey officer shall request the landholder to
construct to maintain and to repair the
boundaries

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 
 Issue a notification at sufficient public place
mentioning the survey number and the time within
which it has to be done
 Failure to perform survey officer shall construct
maintain and repair the boundary and collect the
charge incurred from the landholder
 Landholder is primarily responsible for maintenance of
the boundary
 Penalty of 50 rupees shall be imposed for any person
willfully erasing the boundary mark

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