Chapter VII MISCELLANEOUS

(1) For the purposes of this Act, assessment shall mean, in relation to any land, until the village in which such land is situate is surveyed And settled, assessment calculated on an arithmetic average of assessment leviable in the surrounding and adjoining khalsa or assessed non Khalsa lands or villages.

(2) For the purpose of determining the assessment on any land the Mamlatdar may hold an inquiry in the prescribed manner and fix the assessment on such land and the assessment so determined shall be published in such manner as may be prescribed:

Provided that where the assessment so calculated is manifestly unfair, Government may modify it, keeping in view the above principle.

(3) Where any land is surveyed * * * Government may, by notification in the Official Gazette, direct that the assessment on the area of such land as determined by such survey shall be levied at the rate at which the assessment is fixed by Mamlatdar under clause (b) of sub-section (1) of section 30, from such date and in such manner as may be specified in such notification, and notwithstanding anything contained in this Act, the term "assessment" shall be construed accordingly in respect of payment of compensation to be made under section 33 after the date specified in such notification.

(4) Nothing contained in sub-section (3) or any notification issued thereunder shall affect-

(a) the land allotted to a Girasdar, as respects its area, or

(b) the land in respect of which an occupancy certificate has been issued to a tenant, as respects its area, before the date specified in the notification issued under sub-section (3).

(5) Where the amount of six times the assessment is paid by a tenant in respect of such land, and where after survey * * it is found that the land in respect of such payment was actually less than that declared, by the Girasdar, the amount so overpaid by the tenant shall be refunded to such tenant, and if it is found that such land was actually more than that declared by the Girasdar, then the tenant shall be liable to pay to the Girasdar the difference on account of the larger area.

The Government may appoint-

(a) a Settlement Commissioner to perform such functions under this Act, as may be prescribed, and

(b) as many special officers as may be necessary to exercise the powers and functions of a Collector under this Act in such local area as may be specified.

The Mamlatdar may, for the purposes of this Act, perform the following functions, namely :- (a) to decide whether a person is an agriculturist or not; (b) to decide whether a person is a tenant or not; (c) to decide whether any land shall be allotted to Girasdars for personal cultivation or not; (d) to make any order under section 9; (e) to determine whether a tenancy shall be terminated under section 12; (f) to decide any matter arising under section 12, section 13, section 15 or section 17; (g) to decide to which Girasdar land may be allotted for personal cultivation and to make such allotment; (h) to decide which tenant should surrender what portion of his land in accordance with section 22; (i) to determine the divisions of land under section 24; (j) to decide any question arising under section 26; (k) to hold inquiries under section 29 and to issue occupancy certificates under section 30 or section 41 A; (l) to determine the amount of compensation payable to a Girasdar by the Government and the tenant; (m) to decide matters arising under section 34; (mm) to decide claims of the jiwaidars under section 35-A; (n) to determine the amount of assessment under section 44; (o) to decide such other matters as may be necessary under this Act.

In holding an inquiry under this Act, the Mamlatdar shall maintain a record of the proceeding before him containing material averments made by the parties interested, material facts of the evidence and his decision and the reasons thereof. The Mamlatdar shall, for the purposes of this inquiry, have all the powers of a Civil Court under the Code of Civil Procedure, 1908, relating to- (a) proof of facts by affidavits, (b) the enforcing of the attendance of any persons and his examination on oath, (c) the enforcing of production of documents, and (d) the issuing of commissions.

Save as otherwise provided by or under this Act, all inquiries and other proceedings before the Mamlatdar may be commenced by an application which shall contain the following particulars:- (a) the name, age, profession and place of residence of the applicant and of the opposite party; (b) a short description and situation of the property to which possession is sought, or the amount of the claim, as the case may be; (c) the circumstances out of which the cause of action arose; (d) a list of the applicant's documents, if any, and of his witnesses who are to be summoned to attend or whether the applicant will produce them on the day of the hearing; (e) such other particulars as may be prescribed.

In all inquiries and proceedings commenced on the presentation of applications under section 48, the Mamlatdar shall exercise the same power as the Mamlatdars' Courts under the Saurashtra Mamlatdars' Courts Ordinance, 1948, (Ordinance No. LII of 1948) and shall follow the provisions of the said Ordinance, as if the Mamlatdar were a Mamlatdar's Court under the said Ordinance, and the application were a plaint presented under section 7 of the said Ordinance. In regard to matters which are not provided for the said Ordinance, the Mamlatdar shall follow the procedure as may be prescribed by the Government. Every decision of the Mamlatdar shall be recorded in the form of an order which shall state the reasons for such decision.

(1) Any sum the payment of which has been directed by an order of the Mamlatdar including an order awarding costs shall be recoverable from the person ordered to pay the same in the same manner as an arrear of land revenue. (2) An order of the Mamlatdar awarding possession or restoring the possession or use of any land shall be executed in the manner provided in section 20 of the Saurashtra Mamlatdars' Courts Ordinance, 1948 (Ordinance No. LII of 1948), as if it was the decision of the Mamlatdar under the said Ordinance.

(1) An appeal shall lie to the Collector against any order of the Mamlatdar. (2) Save as otherwise provided in this Act, the provisions of Chapter XIII of the Code shall apply to appeals to the Collector under this Act as if the Collector were the immediate superior of the Mamlatdar. The Collector shall have the power to award costs in any appeal heard by him.

(1) Notwithstanding anything contained in the Saurashtra Revenue Tribunal Ordinance, 1949, an application for revision may be made to the Tribunal against any order of the Collector on the following grounds only, namely:- (a) that the order of the Collector was contrary to law ; (b) that the Collector failed to determine some material issue of law; or (c) that there was a substantial defect in following the procedure provided by this Act which has resulted in miscarriage of justice. (2) In deciding applications under this section, the Tribunal shall follow the procedure which may be prescribed by rules made under this Act after consultation with the tribunal.

(1) The Collector in appeal and the Tribunal in revision may confirm or modify or rescind the order in appeal or revision, as the case may be, or may pass such other order as may seem legal and just in accordance with the provisions of this Act. (2) The order of the Collector in appeal or of the Tribunal in revision shall be executed in the manner provided for execution of the orders of the Mamlatdar, under section 50.

Notwithstanding anything contained in the Court Fees, Act 1870 (VII of 1870), as adapted and applied to the Saurashtra area of the State of Gujarat every application or appeal made under this Act to the Mamlatdar, Collector or Tribunal shall have a court-fee stamp of such value as may be prescribed.

Every appeal or application for revision under this Act shall be filed within a period of sixty days from the date of the order of the Mamlatdar or the Collector, as the case may be, and the provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, (IX of 1908) shall apply to the filing of such appeal or application for revision.

All inquiries and proceedings before the Mamlatdar, the Collector or Tribunal shall be deemed to be judicial proceedings within the meaning of sections 192, 219 and 228 of the Indian Penal Code, 1860 (XLV of 1860).

(1) If during the course of any inquiry before the Mamlatdar under the provisions of this Act, any person is found to have made a false declaration in an application made under section 19 or section 28, the Mamlatdar may, while passing any order on such application, direct the person making such a false statement to pay a fine not exceeding one thousand rupees. (2) The amount of fine imposed under sub-section (1) shall be recoverable in the same manner as an arrear of land revenue.

If any person wilfully obstructs the rights of any other person acquired under the provisions of this Act, or contravenes the provisions of sub-section (4) of section 20 the Mamlatdar may direct that the person so obstructing or contravening shall pay a fine not exceeding rupees one thousand.

(1) The Government may, by notification in the Official Gazette, make rules for carying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :-(a) the manner in which the tenancy may be terminated; (b) the form and manner in which an application for allotment of land for personal cultivation may be made by a Girasdar; (c) the manner in which inquiries may be held by a Mamlatdar under this Act and the procedure to be followed in such proceedings; (d) the form of an occupancy certificate to be issued to Girasdars and tenants and Settlement Commissioner; (e) the Girasdar to whom and the procedure according to which land may be sllotted for personal cultivation and matters connected therewith; (f) the manner of payment of compensation and rehabilitation grant to Girasdars in Girasdari Majmu village; (g) the form and manner in which applications for acquiring rights may be made by a tenant; (gg) the from and manner in which a Jiwaidar may submit her claim under section 35A; (h) the manner in which compensation payable by a tenant may be computed in any case where the Girasdar has only a limited interest in the holding; (hh) the manner in which occupancy certificate issued to the Settlement Commissioner may be transferred to the tenant; (i) the form of notice to be issued under this Act and the manner of service of such notice; (j) the manner of publication of assessment on land; (k) the functions of Settlement Commissioner; (l) levy of fees and court-fees under this Act; and (m) any other matter which has to be, or may be prescribed under this Act.

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 Act.

Any person who is in unauthorised occupation or wrongful possession of any land or dwelling house, not being entitled to such occupation or possesssion under the provisions of this Act, may be summarily evicted by the Collector.

(1) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Mamlatdar, the Collector or Tribunal or by the Government in exercise of their powers of control. (2) No order of the Mamlatdar, the Collector or the Tribunal made under this Act shall be questioned in any civil or criminal court. Explanation.-For the purposes of this section a Civil Court shall include a Mamlatdars' Court constituted under the Saurashtra Mamlatdars' Courts Ordinance, 1948.

(1) In all matters connected with this Act, Government shall have the same authority and control over Mamlatdars and Collectors acting under this Act as they have and exercise over them in the general and revenue administration. (2) The Government may call for and examine the record of any inquiry or proceedings of the Mamlatdar or the Collector acting under this Act, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such officer, and, if, in any case, it shall appear to the Government that any decision or order or proceedings so called for should be modified, annulled or reversed, it may pass such order thereon as it deems fit: Provided that the Government shall not pass any order in the exercise of its powers under this sub-section-(i) in any case in which an application for revision against any decision or order of the Collector has been made under this Act to the Revenue Tribunal or until such application is barred by limitation. “3. Not withstanding anything contained in any order, judgment or decree of a Court, all orders passed, or any action taken by Government before the date of the coming in to force of this Act in the exercise of purported exercise of the jurisidction vested, or powers conferred by section 63 of the Saurashtra Land Reforms Act, 1951, shall be deemed to be and are hereby declared to have been validly passed or taken as if such jurisdiction was vested in, and such powers were conferred on Government on the date of the comming into force of the said Act.". (ii) in any case in which an appeal against any decision or order of the Mamlatdar has been preferred under this Act to the Collector or until such appeal is barred by limitation. (3) The Government shall not pass any order under sub-section (2) without giving to the parties concerned an opportunity to be heard before an officer not below the rank of the Collector, who shall follow such procedure as may be prescribed. powers under this sub-section- (i) in any case in which an application for revision against any decision or order of the Collector has been made under this Act to the Revenue Tribunal or until such application is barred by limitation.

(ii) in any case in which an appeal against any decision or order of the Mamlatdar has been preferred under this Act to the Collector or until such appeal is barred by limitation.

(3) The Government shall not pass any order under sub-section (2) without giving to the parties concerned an opportunity to be heard before an officer not below the rank of the Collector, who shall follow such procedure as may be prescribed.

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

(1) The following Chapters and sections of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 (Ordinance No. XLI of 1949) as amended from time to time, are hereby repealed, namely:-

(a) the whole of Chapter II, the whole of Chapter III except sub-sections (1), (2) and (3) of section 19 and the whole of Chapters IV, V, VIII and IX; and

(b) sections 55, 56 and 57 of Chapter VII :

Provided that such repeal shall not, save as expressly provided in this Act, affect or be deemed to affect ;-

(i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Act, or

(ii) any legal proceedings or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered to be done before the commencement of this Act, and any such proceedings shall be continued and disposed of as if this Act had not been passed :

Provided further that notwithstanding anything contained in this Act or in any other law or usage, agreement, settlement, grant, sanad or any decree or order of any court, Tribunal or other authority, all orders passed regarding giving, reserving or alloting any land for Gharkhed but not executed by giving possession before 20th May, 1950 under the provisions hereby repealed shall be treated as void and no such order shall be executed; the application for the giving, reserving or alloting land for Gharkhed on which any such orders may have been passed shall be treated as applications presented for the allotment of land for personal cultivation under the provisions of this Act and shall be disposed of accordingly:

Provided further that such applications shall be deemed to have been presented within the period prescribed in sub-section (2) of section 19 for pre-senting such application.

(2) Any appointment, notification, notice, order, rule or form made or issued under the provisions of the Ordinance so repealed shall continue to be in force and be deemed to have been made or issued under the provisions of this Act, in so far as such appointment, notification, notice, order, rule or form is not inconsistent with the provisions of this Act, 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 Act.