Part -IV Extra Legislative & Parliamentary Affairs Department

Extra No. 6 © The Gujarat Government Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY Vol. LXVII ] TUESDAY, MARCH 31, 2026 / CHAITRA 10, 1948 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.

REVENUE DEPARTMENT Sachivalaya, Gandhinagar, 31st March, 2026 GUJARAT ORDINANCE NO. 1 OF 2026.

AN ORDINANCE further to amend the Gujarat Land Revenue Code, 1879.

WHEREAS the Legislative Assembly of the State of Gujarat is not in Session;

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Land Revenue Bom. V of 1879. Code, 1879;

NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) of article 213 of the Constitution of India, the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance, namely: -

1. Short title and commencement. - (1) This Ordinance may be called the Gujarat Land Revenue (Amendment) Ordinance, 2026.

(2) It shall come into force at once.

2. Bom. V of 1879 to be temporarily amended. - During the period of operation of this Bom. V of 1879. Ordinance, the Gujarat Land Revenue Code, 1879 (hereinafter referred to as "the principal Act"), shall have effect subject to the amendment specified in section 3.

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3. Amendment of section 135D of Bom. V of 1879. - In the principal Act, in section 135D, to sub-section (2), the following provisos shall be added, namely:- “Provided that subject to satisfaction of the following conditions, where a mutation entry arises from a registered sale deed that –

(a) no change has been recorded in the Record of Rights in respect of the said land for a period of one year or more preceding the date of execution of the sale deed, excluding changes arising out of Government promulgations, statutory schemes, or consolidation proceedings;

(b) All persons whose names appear in the Record of Rights have executed the sale deed; and

(c) No dispute, proceeding, or litigation relating to the said land is pending before any competent authority, court, or tribunal; on the date of execution of sale deed, the mutation entry shall be recorded and certified on the same day, without any

intimation as aforesaid:

Provided further that where a mutation entry arises from an order or decree passed by a competent authority, court, or tribunal, such entry shall be recorded and certified forthwith upon receipt of the order, without any intimation as aforesaid.”.

STATEMENT The provisions relating to recording and certification of mutation entries in the Record of Rights or the register of mutations are governed by section 135D of the Gujarat Land Revenue Code, 1879 and the procedure prescribed under rule 107 of the Gujarat Land Revenue Rules, 1972.

Under the existing provisions, whenever a designated officer records a mutation entry, either manually or electronically in the register of mutations, he is required to intimate such entry to all persons appearing from the Record of Rights or the register of mutations to be interested therein, and to any other person whom he has reason to believe to be interested in the mutation, in the prescribed manner. This safeguard ensures that any person having a legitimate interest in the land is provided an opportunity to raise objections before the mutation entry is finally certified.

While such procedure is necessary to protect legitimate legal interests, it has been observed that in certain cases unnecessary or mala fide objections are raised, which result in avoidable delay and inconvenience to citizens who have entered into lawful land transactions.

The State Government has taken several steps to modernise land record administration, including implementation of the e-Dhara digital land records system across the State. However, it has been considered necessary to further rationalise the procedure relating to mutation entries so as to balance the need to safeguard legitimate legal rights with the objective of ensuring timely certification of genuine transactions.

It is therefore, proposed that in cases where mutation entries arise from registered sale deeds satisfying specified safeguards—namely that no change has been recorded in the Record of Rights for one year preceding the execution of the sale deed, that all persons whose names appear in the Record of Rights have executed the sale deed, and that no dispute relating to the land is pending before any competent authority, court or tribunal—such mutation entries may be recorded and certified on the same day without issuing the intimation under sub-section (2) of section 135D.

It is also proposed that mutation entries arising from orders or decrees passed by competent authorities, courts or tribunals may be recorded and certified forthwith upon receipt of such orders.PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 31-03-2026 6-3 Further, it is proposed to rationalise the time limits for raising objections in certain specified categories of mutation entries by substituting sub-rule (4A) of rule 107 of the Gujarat Land Revenue Rules, 1972.

These measures are intended to ensure that the mutation process remains legally sound while also being efficient, transparent and citizen oriented.

As the Legislative Assembly of the State of Gujarat is not in session, the Gujarat Land Revenue (Amendment) Ordinance, 2026 is promulgated to amend the Gujarat Land Revenue Code, 1879 to achieve the aforesaid objects.

Gandhinagar. ACHARYA DEVVRAT, Dated the 30th March, 2026. Governor of Gujarat.

By order and in the name of the Governor of Gujarat, DR. JAYANTI S. RAVI, Additional Chief Secretary to Government. ---------- Government Central Press, Gandhinagar.