Chapter VII PROCEDURE AND APPEAL

In making inquiries under this Act, the Collector shall have the same powers as are vested in courts under the Code of Civil Procedure, 1908 (V of 1908) in trying a suit, in respect of the following matters, namely :-

1. (a) proof of facts by affidavit ;
2. (b) summoning and enforcing the attendance of any person, and examining him on oath; and
3. (c) compelling the production of documents. 1[If a holder dies during the course of any inquiry under this Act, then the Collector shall cause the legal representative of the deceased holder to be brought on record, and the Collector shall then proceed with the inquiry.]

Every decision of the Collector shall be recorded in the form of an order, which shall state reasons for such decision.

1. (1) Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed by, or by order of, the Collector.
2. (2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.
3. (3) When such person cannot be found, the service may be made on any adult male member of his family residing with him; and if no such adult male member can be found, the notice may be served by fixing a copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the Collector and also in some conspicuous part of the land in respect of which inquiry is to be held: Provided that, if the Collector shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and service of it may be proved by the production of the addressee’s receipt.

1. (1) An appeal against an order or award of the Collector shall lie to the Maharashtra Revenue Tribunal in the following cases :-
2. (1) an order under sub-sections (2) and (3) of section 13 1[not being an order under which a true and correct return complete in all particulars is required to be furnished];
3. (2) a declaration 2[or any part thereof] under section 21; 3[(2a) an order under section 21-A;]
4. (3) an award under section 25;
5. (4) an order refusing sanction to transfer or divide land under section 29;
6. (5) an order of forfeiture under sub-section (3) of section 29;
7. (6) an amendment of declaration or award under section 37; and
8. (7) an order of summary eviction under section 40. 4[(1A) Any respondent, though he may not have appealed from any part of the decision, order, declaration or award, may not only support the decision, order, declaration or award, as the case may be, on any of the grounds decided against him but take cross-objection to the decision, order, declaration or award which he could have taken by way of an appeal : Provided that, he has filed the objection in the Maharashtra Revenue Tribunal within 5[thirty days] from the date of service on him of notice of the day fixed for hearing the appeal, or such further time as the Tribunal may see fit to allow and thereupon, the provisions of Order 41, rule 22 of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908), shall apply in relation to the cross-objection as they apply in relation to the cross-objection under that rule.]
9. (2) Every petition of appeal under sub-section (1), shall be accompanied by a 6* * * copy of the decision, order, declaration or award, as the case may be, against which the appeal is made.
10. (3) In deciding such appeal the Maharashtra Revenue Tribunal shall exercise all the powers which a court has and follow the same procedure which a court follows, in deciding appeals from the decree or order of an original court, under the Code of Civil Procedure, 1908 (V of 1908).

The Maharashtra Revenue Tribunal, in deciding an appeal under section 33, may confirm, modify or rescind the decision, order, declaration or award or the amended declaration or award, as the case may be.

Every appeal under this Act shall be filed within a period of 1[fifteen days from the date of the decision, order, declaration or award of the Collector. 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.

Notwithstanding anything contained in the Bombay Court-fees Act, 1959 (Bom. XXXVI of 1959) every appeal made under this Act to the Maharashtra Revenue Tribunal shall bear court-fee stamp,-

1. (i) in the case of a declaration of the Collector under section 21 or an amended declaration under section 37, of twenty-five rupees;
2. (ii) in the case of an award of the Collector under section 25 or an amended award under section 37, of an amount equal to five per cent. of the difference between the amount of compensation awarded to the appellant and that claimed by him in his appeal, or rupees fifteen, whichever is more; and
3. (iii) in any other case, of five rupees.