GUJARAT DISTURBED AREA ACT (AMENDMENT) BILL, 2019

Background:

• The Gujarat Assembly passed a Bill to bring significant amendments to The Gujarat Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991, which is known as the Disturbed Areas Act.
  
  
• The Act prohibits transfer of immovable property in “disturbed areas” of the state.
  
  
• Under the Act, the state government has been regulating sale and transfer of immovable properties by notifying those areas as ‘disturbed areas’ with an aim to check polarisation of a particular community in a particular area which has been facing communal riots and violence. 
  
  

Amendment bill:

• The bill proposes to increase the punishment for breach of the law to imprisonment up to five years and fine not less than Rs 1 lakh.
  
  
• The Bill has enlarged the scope of the term “transfer” which now includes sale, gift, exchange, lease or taking possessions of property by way of power of attorney, through Transfer of Property Act, etc.
  
  
• 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 proposes to set up an apex authority – Monitoring and Advisory Committee – to study and advise the authorities on the subject.
  
  
• The amendments were proposed after receiving many complaints of “unscrupulous persons who were getting ownership of properties”.