Chapter X MISCELLANEOUS

(1) The Government may make rules for carrying out the purposes of this Ordinace. (2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for the following matters:— (a) the manner of determining debts and liabilities under section 43; (b) the manner of notifying liquidation scheme sanctioned under section 47; (c) the conditions subject to which permission to acquire land or interest therein may be granted under Section 54; (d) the form of notice and particulars to be sent under clause (a), the rules subject to which the Collector may direct the payment of fine under clause (b), the form of and the time within which a certificate is to be issued under sub-clause (i) of clause (c) of sub-section (2) and the circumstances in which the period may be extends under the proviso to clause (b) of sub-section (3) of section 55, and (d-a) the manner and period to fulfill the conditions by purchaser of the industrial park under sub-section (3B) of section 55; (d-b) the manner for disposal of land vested in the State Government under sub-section (4) of section 55; (e) any other matter which is to be or may be prescribed under this Ordinance. (3) Rules made under this section shall be subject to the condition of previous publication in the Official Gazette. (4) All rules made under this section shall be laid before the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following. (5) Any modifications so made by the State Legislature shall be published in the Official Gazette and shall there upon take effect.

The Government may, subject to such restrictions and Conditions as it may impose, by notification in the Official Gazette, delegate to any of its officers, not below the rank of an Assistant or Deputy Collector, all or any of the powers conferred on it by this Ordinance.

Any person unauthorisedly occupying or wrongfully in possession of any land, (a) the transfer of which either by the act of parties or by the operation of law is invalid under the provisions of this Ordinnce, (b) the management of which has been assumed under the said provisions, or (c) to the use and occupation of which he is not entitled under the said provisions and the said provisions do not provide for the eviction of such persons, may be summarily evicted by the Collector.

(1) Notwithstanding anything contained in section 75, where the Collector suo moto or on the application of any person, has reason to believe that, in the breach of the provisions of clause (a), (b) or (c) of sub-section (1) of section 54, transfer of the land has taken place in favour of a person who is not an agriculturist or in favour of any institution, the Collector shall issue a notice to such person or institution and, after affording an opportunity of being heard, decide whether the transfer of the land is valid or not. (2) If the Collector comes to a decision that the transfer of such land is not valid then he shall pass an order thereby imposing the penalty of three times the amount of the prevailing Jantri of such land on the person or the institution in whose favour such land is not validly transferred. Explanation.—For the purpose of this Ordinance, the expression “Jantri” means the index of base market values as may be determined by the State Government from time to time.

(1) No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Ordinance required to be settled, decided or dealt with by the mamlatdar or Tribunal, a manager, the Collector or the Saurashtra Revenue Tribunal in appeal or revision or the Government in exercise of their powers of control. (2) No order of the mamlatdar, the Tribunal, the Collector or the Saurashtra Revenue Tribunal or the Government made under this Ordinance shall be questioned in any civil or criminal court. Explanation.—For the purpose of this section, a civil court shall include a Mamlatdar’s Court constituted under the Saurashtra Mamlatdars’ Court Ordinance, 1948.

In all matters connected with this Ordinance, the Government shall have the same authority and control over the mamlatdars’ and the Collectors acting under this Ordinance as they have and exercise over them in the general and revenue administration.

No suit or legal proceeding shall lie against any person in respect of a thing which is in good faith done or intended to be done under this Ordinance.

(1) Nothing in the foregoing provisions of this Ordinance shall apply :-(a) to lands held on lease from the Government, a local authority or a co-operative society; (b) to lands held on lease for the benefit of an industrial or commercial undertaking; (c) [omitted]; (d) to any area which the Government may, from time to time, by notification in the Official Gazette, specify as being reserved for urban non-agricultural or industrial development. (2) Notwithstanding anything contained in sub-section (1) the Government may, by notification published in the Official Gazette, direct that any particular land or class of lands in any area shall not be exempt from all or any of the provisions of this Ordinance.

(1) The Ordinance specified in Schedule II are hereby repealed. (2) But nothing in this Ordinance or any repeal effected thereby shall, save as expressly provided in this Ordinance, affect or be deemed to affect— (a) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Ordinance, or (b) any legal proceedings or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this Ordinance. and any such proceeding shall be continued and disposed of as if this Ordinance was not passed. (3) Notwithstanding anything contained in sub-section (2), all proceedings for the recovery or restoration of the possession of the land under the Ordinance so repealed pending at the date of commencement of this Ordinance before the mamlatdar or in appeal before the Collector, shall, notwithstanding anything contained in this section, be deemed to have been instituted and pending before the mamlatdar or in appeal before the Collector, as the case may be, under this Ordinance and shall be disposed of in accordance with the provisions of this Ordinance. (4) Any appointment, notification, order, rule or form made or issued under the Ordinances so repealed, shall continue to be in force and be deemed to have been made or issued under the provisions of this Ordinance, in so far as such appointment, notification, notice, order, rule or form is not inconsistent with the provisions of this Ordinance or rules made thereunder, and shall continue to be in force unless and until it is superseded by any appointment, notification, notice, order, rule or form made or issued under this Ordinance.