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Date: 2026-02-27 Category: Not Applicable State: Gujarat Country: India

Part -IV Extra Legislative & Parliamentary Affairs Department

Issued by Legislative & Parliamentary Affairs Department · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This document publishes the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands (Gujarat Amendment) Act, 2026, which amends the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949. The Act was assented to by the Governor on February 27, 2026, and aims to further regulate the disposal and transfer of agricultural lands. Key amendments concern the process for declaring transfers invalid and the penalties associated with them. **Key Points / Main Content** * **Title of the Act:** This Act is known as the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands (Gujarat Amendment) Act, 2026. * **Amendment of Section 75:** * Section 75 of the principal Ordinance is substituted to outline the procedure for disposing of land where the Collector has reason to believe any person is unauthorizedly occupying, wrongfully in possession, or has acquired land through an invalid transfer, or is not entitled to its use and occupation under the provisions of the Ordinance. * The Collector must issue a notice to the transferor, transferee, or acquirer to show cause why the transfer or acquisition should not be declared invalid. * An inquiry will be held to determine the validity of the transfer or acquisition. * If the transfer or acquisition is deemed invalid, the Collector will issue an order declaring it so, unless parties agree to restore the land within three months, which is then subject to verification of restoration. * Upon declaration of invalidity, the land will vest in the State Government, free from encumbrances, and be disposed of accordingly. * **Amendment of Section 75A:** * Sub-section (2) of Section 75A of the principal Act is substituted, effective from December 5, 2015. * If the Collector decides a land transfer is invalid, they shall impose a penalty of three times the prevailing Jantri value on the recipient of the invalid transfer. * The person or institution in whose favour the land was not validly transferred will be directed to restore the land, along with its rights and interests, to its pre-transfer position within one month of the order. **Impact Analysis** **Transferors, Transferees, and Land Acquirers** * **Impact:** These individuals may face increased scrutiny and potential invalidation of land transfers. They are subject to inquiries and orders for restoration and penalties if their transfers are deemed invalid. * **Action Required:** Respond to any notices issued by the Collector regarding the validity of land transfers. If a transfer is deemed invalid, provide an undertaking to restore the land within the stipulated timeframe or face consequences, including penalties and vesting of land in the State Government. **State Government** * **Impact:** The State Government gains enhanced powers to reclaim agricultural land acquired through invalid transfers or occupied unauthorizedly. The State Government will also receive land that vests in it due to invalid transfers. * **Action Required:** Implement the provisions of the amended Act, conduct inquiries, issue notices, declare invalidity of transfers, impose penalties, and manage the disposal of land vested in the State Government. **Land Owners and Persons with Interest in Land** * **Impact:** Individuals with legitimate interests in land may benefit from the restoration of land to its rightful position, particularly if their rights were affected by invalid transfers. * **Action Required:** If a land transfer negatively impacted their rights, they may apply to the Collector for review or be involved in the inquiry process as persons with an interest in the land.

Key Entities Referenced

Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949: The principal ordinance being amended by the current Gujarat Act. Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands (Gujarat Amendment) Act, 2026: The specific act being published, which amends the principal ordinance. GUJARAT ACT NO. 2 OF 2026: The official designation of the act being published. Section 75: A specific section within the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 that is being substituted. Section 75A: A specific section within the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 that is being amended.
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Extra No. 2 © The Gujarat Government Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY Vol. LXVII ] FRIDAY, FEBRUARY 27, 2026 / PHALGUNA 8, 1947 Separate paging is given to this part in order that it may be filed as a Separate Compilation. PART IV Acts of Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor. The following Act of the Gujarat Legislature, having been assented to by the Governor on the 27th February, 2026 is hereby published for general information. K. M. LALA, Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department. GUJARAT ACT NO. 2 OF 2026. (First published, after having received the assent of the Governor, in the “Gujarat Government Gazette”, on the 27th February, 2026). AN ACT further to amend the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949. It is hereby enacted in the Seventy-seventh Year of the Republic of India as follows: - 1. This Act may be called the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Short title. Lands (Gujarat Amendment) Act, 2026. IV- Ex.-2 2-12-2 GUJARAT GOVERNMENT GAZETTE, EX. 27-02-2026 [ PART IV Substitution 2. In the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, Sau. Ord. of Section 75 1949 (hereinafter referred to as “the principal Act”), for section 75 the following section XLI of of Sau. Ord. shall be substituted, namely:- 1949. XLI of 1949.. Disposal of “75. If the Collector suo motu or on the application of any person interested in land, such land has reason to believe that any person unauthorisedly occupying or transfer or wrongfully in possession of any land, - acquisition (a) the transfer of which either by the act of parties or by the operation of of which is law is invalid under the provisions of this Ordinance, invalid. (b) the management of which has been assumed under the said provisions, or (c) to the use and occupation of which he is not entitled under the said provisions and the said provisions do not provide for the eviction of such persons, then such land shall be disposed of in the following manner, namely: - (i) the Collector shall issue a notice to the transferor, the transferee or the person acquiring such land, as the case may be, to show cause as to why the transfer or acquisition should not be declared to be invalid and shall hold an inquiry and decide whether the transfer or acquisition of land is valid or not; (ii) after holding such inquiry, if the Collector comes to a conclusion that the transfer or acquisition of land to be invalid, he shall make an order declaring the transfer or acquisition to be invalid, unless the parties to such transfer or acquisition give an undertaking in writing that within a period of three months from such date as the Collector may fix, they shall restore the land alongwith the rights and interest therein to the position in which it was immediately before the transfer or acquisition, and the land is so restored within that period; (iii) on the declaration made by the Collector, such land shall be deemed to vest in the State Government, free from all encumbrances lawfully subsisting thereon on the date of such vesting and shall be disposed of as a land vested in the State Government.”. Amendment 3. In the principal Act, in section 75A, for sub-section (2), the following sub-section shall of Section 75A be deemed to have substituted with effect from the 5th day of December, 2015, namely:- of Sau. Ord. “(2) If the Collector comes to a decision that the transfer of such land is not valid then XLI of 1949. he shall pass an order thereby,- (i) imposing the penalty of three times the amount of the prevailing Jantri of such land on the person or the institution in whose favour such land is not validly transferred; and (ii) directing the person or institution in whose favour such land is not validly transferred to restore the land alongwith the rights and interest therein to the position in which it was immediately before such transfer within a period of one month of such order.”. ---------- Government Central Press, Gandhinagar.

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