Amendment of section 9 of Guj. 11 of 2020

In the principal Act, in section 9, --

1. (i) to sub-section (1), the following proviso shall be inserted, namely:- “ Provided that if, in the opinion of the Special Court, any application filed before it is prima facie frivolous or vexatious, it shall reject the same without any further enquiry.”;
2. (ii) in sub-section (5), for the existing proviso, the following proviso shall be substituted, namely:- “ Provided that he shall neither be called as a witness except on his own request in writing nor shall his failure to give evidence be made the subject of any comment by any of the parties or the Special Court or give rise to any presumption against himself or any person charged together with him at the same proceedings.”;
3. (iii) to sub-section (7), the following provisos shall be added, namely:- “ Provided that the Special Court shall, by public notice specify the fact of taking cognizance of the case under this Act. Such notification shall state that any objection which may be received by the Special Court from any person within the period specified therein shall be considered by it: Provided further that the Special Court shall cause a notice of taking cognizance of the case under the Act served on any person known or believed to be interested in the land, after satisfying itself about the persons likely to be interested in the land.”.