Govt to add teeth to disturbed areas act ’91

The state government has decided to amend the controversial Disturbed Areas Act, 1991 in order to add teeth to the Act increasing its efficacy.

The state government has already prepared an amendment bill for the 'Gujarat prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises' in the act, which will be tabled and likely to be passed on July 28 or 29.

State revenue minister Anandiben Patel will present the bill in the house. While stating the objects and reasons for the amendment of the bill, the government said the Act prohibited transfer of immovable property in the disturbed areas of the state.

Despite the Act in place in the state, in many cases it has been seen that properties are transferred in contravention of the provisions of the Act and possession is taken illegally. With a view to curb such unauthorised transfer of immovable property, an amendment was felt necessary.

The amendment proposes to insert new section 5A in the Act which will empower the collector suo moto for any application seeking inquiry in the case where the possession of immovable property has contravened provisions of section 4 and 5 of the Act.

The collector has also been given powers to restore the possession of the immovable property. The proposed amendment also provides for penalty for contravention of provisions of section 4, 5 and 5A and also making the offence cognisable.

In the amendment bill, the government further states that for thepurpose of effective implementation of the Act, a provision has also been made which empowers the collector to take the disputed property in his custody temporarily, manage such property in case where transfer fails and to take possession of the property while restraining the person from making any improvement in the property. long with this bill, the government will introduce nine other bills which include Gujarat Defense University Bill and the Gujarat Children University Bill among others.