Savings

Nothing in this Chapter shall apply in relation to land which before the commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965 is purchased by any tenant under the provisions of Chapter III.

11. Amendment of heading of Chapter VI of Bom. LXVII of 1948 In Chapter VI of the Bombay Tenancy Act, for the heading "PROCEDURE AND JURISDICTION OF TRIBUNAL, AND MAMLATDAR AND APPEALS." the heading "PROCEDURE AND JURISDICTION OF TRIBUNAL, MAMLATDAR AND COLLECTOR : APPEALS AND REVISION." shall be substituted.

12. Insertion of section 73A in Bom. LXVII of 1948 After section 73 of the Bombay Tenancy Act, the following new section shall be inserted, namely :-

"73A.

1. (1) For the purposes of an inquiry under sub-section (3A) of section 29, the Collector shall have the same powers as are vested in courts in respect of the following matters under the Code of Civil Procedure, 1908, in trying a suit, namely :-
   • (a) proof of facts by affidavit,
   • (b) summoning and enforcing attendance of any person and examining him on oath, and
   • (c) compelling the production of documents.
2. (2) The order of the Collector under sub-section (3A) of section 29 shall, subject to revision under sub-section (3), be final.
3. (3) The State Government may, suo motu or on an application from any person interested in the land, call for the record of any such inquiry, for the purpose of satisfying itself as to the legality or propriety of the order passed by the Collector and pass such order thereon as it deems fit: Provided that no such order shall be modified, annulled or reversed, unless an opportunity has been given to the interested parties to show cause why such order should not be modified, annulled or reversed.
4. (4) Every such order of the Collector or of the State Government in revision awarding possession of any land shall be executed in the manner provided for the execution of the orders of the Mamlatdar or Tribunal under section 73.".