REGISTERED No. D. 221 रजिग्ट्री सं ० डी० 221
भारत का राजपत्र
The Gazette of India
असाधारण
EXTRAORDINARY
भाग II- खण्ड 1
712
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 66] No. 66]
नई दिल्ली, शक्रवार, नत्रभ्वर 30, 1973 / अग्रहायण 9 , 1895 NEW DELHI , FRIDAY , NOVEMBER 30 , 1973 / AGRAHAYANA 9 , 1895
इस भाग में भिम्म पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS (Legislative Department )
New Delhi , the 30th November , 1973 / Agrahayana 9 , 1895 ( Saka )
THE DADRA AND NAGAR HAVELI LAND REFORMS ( AMENDMENT) REGULATION , 1973
No. 5 OF 1973
Promulgated by the President in the Twenty-fourth year of the Republic of India.
A Regulation to amend the Dadra and Nagar Haveli Land Reforms Regulation , 1971 .
In exercise of the powers conferred by article 240 of the Constitu- tion, the President is pleased to promulgate the following Regulation made by him: ----
1. (1) This Regulation may be called the Dadra and Nagar Haveli Land Reforms (Amendment ) Regulation , 1973 .
(2) It shall come into force at once .
Short title and com- mence- ment .
3 of 1971 .
Amend- ment of section 2. In section 4 of the Dadra and Nagar Haveli Land Reforms Regula- tion, 1971 (hereinafter referred to as the principal Regulation ) , for sub- section ( 6 ) , the following sub - section shall be substituted , namely: -
4. "(6) No agricultural land , including any part thereof, in respect of which occupancy rights are deemed to have been granted to any person under this section shall be transferred by way of sale , lease , mortgage, exchange or otherwise , except in accordance with such rules as may be made in this behalf and , where such transfer is by way of sale, also on payment to the Government of such premium , if any, as may be specified in such rules:
Provided that the premium that may be specified shall not exceed one -half of the difference between the sale price of the land and the occupancy price paid in respect thereof. " .
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3. For section 8 of the principal Regulation , the following section shall be substituted , namely: ---
Substitu. tion of new sec- tionfor section 8 .
Ceiling area.
"8. ( 1 ) Subject to the provisions of sub -section ( 2) , the ceiling area of land for the purposes of this Regulation shall be-
(i) 7.5 hectares , in the case of land capable of yielding two or more crops in a year ; or
( ii ) 11 hectares , in the case of land capable of yielding only one crop in a year ; or
(iii) 16 hectares , in the case of any other land.
(2) Where a person possesses land falling under more than one category specified in sub - section (1 ) , then , the land possessed by him shall be converted into land falling under category ( iii ) and for the purpose of such conversion one hectare of land falling under category ( i) shall be treated as equal to 2.15 hectares of land falling under category ( iii ) , and one hectare of land falling under category ( ii ) shall be treated as equal to 1.45 hectares of land falling under category ( iii) .
(3) If any question whether any land is capable of yielding only one crop or more than one crop in a year arises , such question shall be decided by the Collector and his decision thereon shall be final ." .
4. In section 9 of the principal Regulation,-
Amend.. ment of section 9.
(a) in sub -section (1 ) , the following proviso and Explanation shall be inserted at the end, namely :-
'Provided that where the person is a joint family, each major male member of such family shall be entitled to possess-
(i) where such member has no family , so much land as an individual is entitled to possess under this section ; or
( ii) where such member has a family , so much land as a family is entitled to possess under this section ,
and, in either case , such possession may be either by the member himself or jointly with any other major male member of the joint family.
Explanation . For the purposes of this sub-section and sub- section (3 ) , " family " means a person, his or her spouse and their minor sons and unmarried daughters .' .
(b) in sub -section ( 3 ) ,-
(i) the words " or joint family " shall be omitted ;
(ii ) the Explanation shall be omitted .
5. In section 22 of the principal Regulation , in sub -section (1 ) , after clause (g ) , the following clause shall be inserted , namely: -
Amend- ment of section 22.
" (gg ) the amount of annual land revenue assessment relatable to any part of the said land having regard to its area and the assess- ment rate for the time being in force for the land of the class com- prised therein;" .
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6. In section 28 of the principal Regulation, in sub -section ( 1 ) , for the proviso, the following proviso shall be substituted , namely: --
Amend- ment of section 28.
"Provided that the land so allotted shall not be transferred by way of sale , mortgage , exchange , gift , lease or otherwise except in accordance with such rules as may be made in this behalf and, where such transfer is by way of sale , also on payment to the Gov- ernment of such premium (not exceeding one -half of the difference between the sale price of the land and the occupancy price paid in respect thereof under section 29) , if any , as may be specified in such rules ." .
Amend- ment of section 55.
7. In section 55 of the principal Regulation , in the proviso , for the words "date of publication of this Regulation " , the words "date on which any o fthe provisions of this Regulation is first brought into force " shall be substituted .
V. V. GIRI ,
President,
K. K. SUNDARAM, Secy. to the Govt . of India.
PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI, 1973