The Gujarat Commissioners (Abolition of Office) Act, 1964

("Short title and extent")

1. (1) This Act may be called the Gujarat Commissioners (Abolition of Office) Act, 1964.
2. (2) It extends to the whole of the State of Gujarat.

("Definitions") In this Act, unless the context otherwise requires,—

1. (a) "Commissioner" means the Commissioner of a division appointed under the Bombay Land Revenue Code, 1879, as in force in the State of Gujarat;
2. (b) "division" means a division constituted under the Bombay Land Revenue Code, 1879;
3. (c) "existing law" means any enactment of a Legislature or other competent authority in relation to any matter specified in any of the entries in List II or List III in the Seventh Schedule to the Constitution of India in force in any part of the State of Gujarat immediately before the commencement of this Act and includes any rule, by-law, regulation, order, notification, scheme, form or other instrument having the force of law made under any such enactment.

Abolition of office of Commissioner.—(1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint (hereinafter referred to as "the appointed day"), the office of Commissioner shall be abolished.

1. (2) Any reference to the Commissioner in any existing law shall, with effect from the appointed day, be construed as a reference to the State Government or to such other officer or authority as the State Government may, by notification in the Official Gazette, specify in his behalf.

Provision for pending proceedings.—(1) Any proceeding (including an appeal or revision) pending before the Commissioner immediately before the appointed day shall, on the appointed day, stand transferred to the State Government or to such officer or authority as the State Government may, by notification in the Official Gazette, specify, and shall be disposed of by the State Government or such officer or authority, as the case may be, as if it had been a proceeding pending before it or him under the relevant existing law.

1. (2) Any order passed by the Commissioner before the appointed day in any proceeding, which is liable to be reopened, reviewed or revised, may be reopened, reviewed or revised by the State Government, or by such officer or authority as the State Government may, by notification in the Official Gazette, specify in this behalf, in accordance with the provisions of the relevant existing law.

Construction of references in enactment

1. (1) Any reference in any enactment to a Commissioner of a Division shall be construed as a reference to the State Government or to such officer or authority as the State Government may, by notification in the Official Gazette, appoint in that behalf.
2. (2) If any question arises as to whether any such reference should be construed as a reference to the State Government or to any officer or authority, the decision of the State Government thereon shall be final.

Power to remove difficulties If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty.