2019 – Posted in: Daily News

GUJARAT DISTURBED AREA ACT (AMENDMENT) BILL, 2019

For: Preliminary & Mains

Topics covered: Highlights of the bill

Gujarat Assembly passed the bill for the Gujarat Disturbed Area Act (Amendment) Bill, 2019.

The Gujarat Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991. It is known as the Disturbed Areas Act.
Under the Act, the state government has been regulating the sale and transfer of immovable properties by notifying those areas as ‘disturbed areas’.
The state government is aimed to check the polarisation of a particular community in a particular area that has been facing communal riots and violence.

The Act prohibits the transfer of immovable property in “disturbed areas” of the state.
The bill proposes to increase the punishment. Imprisonment up to five years and fine not less than Rs 1 lakh.
Proposed Bill has enlarged the scope of the term “transfer”.
The term now includes sale, gift, exchange, lease or taking possessions of property by way of power of attorney, through Transfer of Property Act, etc.
Under the provisions of the Bill, it has been proposed that if a person redevelops his property for his own use in a disturbed area, he does not require to take permission from the Collector.
But if he wants to redevelop the property and then transfer a part of it to some other person, then he must take permission from the Collector.
The Collector, assisted by Municipal Commissioner and Police Commissioner, will decide the application for transfer of ownership of a property in a disturbed area within three months.
The Bill also proposes to set up an apex authority – Monitoring and Advisory Committee – to study and advise the authorities on the subject.
The committee will be consisting of a chairperson and other members as may be appointed by the state government.

It is one which is declared by notification under Section 3 of the Armed Forces Special Protection Act (AFSPA).
It can be invoked in places where the use of armed forces in aid of civil power is necessary.
Central Government, or Governor of State concerned or administrator of Union Territory (UT) can declare a whole or part of State or UT as a disturbed area.

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