Chapter VI Procedure and JuriSdiction of tribunal; mamlatdar and collector; aPPealS and reviSion.

2[67. (1) For the purpose of this Act, there shall be a Tribunal called the Tribunal. Agricultural Lands Tribunal for each taluka or mahal or for such area as the State Government may think fit. (2) The State Government may appoint an officer not below the rank of a Mamlatdar to be the Tribunal and to exercies the powers and perform the duties and functions of the Tribunal under this Act in a taluka or mahal or any other area referred to in sub-section (1) : Provided that the State Government may for any area constitute a Tribunal consisting of not less than three members of whom– (a) at least one shall be a person who is holding or has held a Judicial Bom. office not lower in rank than that of a civil judge under the Bombay Civil XIV of Courts Act, 1869, or who is qualified to practice as a lawyer in the 3[State of 1869. Gujarat], and 1. The heading was substituted for the original by Guj. 24 of 1965, s. 11. 2. Section 67 was substituted for the original by Bom. 63 of 1958, s. 8. 3. These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment) Order, 1960. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 73 (b) one shall be appointed to be the President of the Tribunal and the Tribunal so constituted shall exercise power and perform the duties and functions of the Tribunal under this act. Explanation.–In this section 'lawyer' means any person entitled to appear and plead for another in Court in the State and includes an advocate, a vakil and an attorney of the 1[High Court of Gujarat].]

68. It shall be the duty of the Tribunal,– Duties of the Tribunal. (a) to determine the value of the site of a dwelling house under section 17; 2[(b) to determine the purchase price of land under section 32G, 63A or 64; (c) to decide any dispute under sections 32 to 32R (both inclusive);] (d) to perform such other functions in carrying out the provisions of this Act, as may be prescribed or as may be directed by the 3[State] Government.

69. (1) The Tribunal shall have the same powers in making inquiries under this Powers of the Tribunal. Act as are vested in Courts in respect of the following matters under the Code of V of 1908. Civil Procedure, 1908, in trying a suit, namely :– (a) proof of facts by affidavits; (b) summoning and enforcing the attendance of any person and examining him on oath; and (c) compelling the production of documents. (2) The Tribunal shall have also such other powers as may be prescribed. The Tribunal shall have powers to award costs. (3) The orders of the Tribunal shall be given effect to in the manner provided in section 73.

70. For the purpose of this Act the following shall be the duties and functions to Duties of the be performed by the Mamlatdar– Mamlatdar. (a) to decide whether a person is an agriculturist; (b) to decide whether a person 4[is or was a tenant] or a protected tenant 5[or a permanent tanant]; 6[(c) to determine the rates of rent under section 9; (d) to decide dispute regarding class of land under section 9A:] 1. These words were substituted for the words "High Court of Bombay" by the Gujarat Adoptation of Laws (State and Concurrent subjects) (Third Amendment) Order, 1960. 2. These clauses were substituted for the original by Bom. 13 of 1956, s. 33. 3. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 4. These words were substituted for the words "is a tenant" by Guj. 5 of 1973, s. 17 (1). 5. These words were inserted by Bom. 13 of 1956, s. 39(1). 6. These clauses were substituted for clauses (c), (d) and (e), ibid., s. 39 (2). 74 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII (f) to determine the amount of compensation under section 10 for the contravention of sections 1[8, 9, 9A, and 9C]; 2[ * * * * * * ] (h) to determine the amount to be refunded to a tenant under section 13(5); (i) to determine the amount of compensation for trees to which a tenant is entitled under section 19; (j) to determine any dispute regarding the right to produce of trees naturally growing under section 20; (k) to determine the costs of repairing protective bunds under section 23; (l) to sanction exchange of tenancies under section 33; (m) to determine the amount of compensation payable to 3[ * * *] tenant for any improvement under section 41]: 4[(ma) to determine what is reasonable rent under section 43B; (mb) to issue a certificate under section 84A, and decide under section 84B or 84C whether a transfer or acquisition of land is invalid and to dispose of land as provided in section 84C; (mc) to decide references under section

71. Save as expressly provided by or under this Act, all inquiries and other Commencement proceedings before the Mamlatdar or Tribunal shall be commenced by an application of proceedings. which shall contain the following particulars :– (a) the name, age, profession and place of residences of the applicant and the opponents; (b) a short description and situation of the property of 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, and whether such witnesses 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.

72. In all inquiries and proceedings commenced on the presentation of Procedure. applications under section 71 the Mamlatdar or the Tribunal shall exercise the same powers as the Mamlatdar's Court under the Mamlatdars' Courts Act, 1906 and shall Bom. II of 1906. 1[save as provided in section 29] follow the provisions of the said Act, as if the Mamlatdar or the Tribunal were a Mamlatdar's Court under the said Act and the application presented was a plaint presented under section 7 of the said Act. In regard to matters which are not provided for in the said Act, the Mamlatdar or the Tribunal shall follow the procedure as may be prescribed by the 2[State] Government. Every decision of the Mamlatdar or the Tribunal shall be recorded in the form of an order which shall state reasons for such decisions. Bom. V 3[72AA. Where in any taluka or mahal in addition to the Mamlatdar Distribution of 1879. appointed under section 12 of the Bombay Land Revenue Code, 1879, or as of business the case may be, in addition to the Mahalkari appointed under section 13 of amongst Mamlatdars. the said Code one or more officers are appointed by the State Government to perform the duties of a Mamlatdar under this Act in such taluka or mahal, each such officer shall dispose of such inquiries or proceedings commenced under section 71 as the Mamlatdar or as the case may be, the Mahalkari, subject to the control of the Collector, may by general or appeal order, refer to him.]

4[72A. The Collector may, after due notice to the parties, by order in writing transfer Power of any proceeding under this Act pending before a Mamlatdar in his district from such Collector Mamlatdar to any other Mamlatdar in his district and the Mamlatdar to whom the proceeding to transfer proceedings. is so transferred shall thereupon exercise jurisdiction under this Act in such proceeding: 1. These words and figures were inserted by Bom. 45 of 1951, s. 3. 2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1959. 3. Section 72AA was inserted by Bom. 63 of 1958, s. 9. 4. This section was inserted by Bom. 12 of 1951, s. 8. 76 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII Provided that any order issued to village officers under sub-section (2) of section 73 shall be issued by the Mamlatdar to whom such village officers are subordinate.] Application

1[72B. (1) If in the course of the hearing of an application for possession of any land for possession made by a landlord under section 29, the Mamlatdar of one area finds that the landlord had of land made made a similar application to the Mamlatdar of another area for posession of other land held to different by him in that area, then the Mamlatdar shall refer the case to the Collector if the other land Mamlatdars to be heard is in the same district, 2[and to the State Government if the other land is in another district]. by designated Mamlatdar. (2) On receipt of the reference, the Collector 3[ * * * * ] or the State Government, as the case may be, shall– (a) call for the proceedings of the other application from the Mamlatdar concerned; (b) having regard, among other matters to the extent of the land of which possession is sought under the different applications, transfer all the applications and proceedings to one of the Mamlatdars for hearing and disposal; and (c) give an intimation of the transfer to the Mamlatdars, the landlord and the tenants concerned. (3) The Mamlatdar to whom the application are so transferred shall exercise jurisdiction in respect thereof under this Act: Provided that any order to be issued to village officers under sub-section (2) of section 73 shall be issued by or through the Mamlatdar to whom such village officers are subordinate. Designated

1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 vii

73. (1) Any sum the payment of which has been directed by an order of the Mamlatdar Execution or the Tribunal including an order awarding costs shall be recoverable from the person for order for payment of ordered to pay the same as an arrear of land revenue. money or for restoring (2) An order of the Mamlatdar or the Tribunal awarding possession or restoring the possession. possession or use of any land shall be executed in the manner provided in section 21 of the Bom. II of 1906. Mamlatdars' Courts Act, 1906, as if it was the decision of the Mamlatdar under the said Act: 1[Provided that such order shall not be executed till the expiry of the period of appeal 2[or, as the case may be, of application for revision as provided] in section 79.]

3[73A. (1) For the purposes of an inquiry under sub-section (3A) of section 29, the Powers of Collector shall have the same powers as are vested in courts in respect of the following Collector in V of 1908. matters under the Code of Civil Procedure, 1908, in trying a suit, namely: — inquiries under sub- section (3A) (a) proof of facts by affidavits, of section 29; provision as respects (b) summoning and enforcing attendance of any person and examining him on revision and oath, and execution of orders. (c) compelling the production of documents. (2) The order of the Collector under sub-section (3A) of section 29 shall, subject to revision under sub-section (3), be final. (3) The State Government may, suo motu or on an appliaction 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) 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.] 1. This proviso was added by Bom. 38 of 1957, s. 23. 2. These words were inserted by Guj. 16 of 1960, s. 19. 3. Section 73A was inserted by Guj. 24 of 1965, s.12. 78 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII Appeals.

74. (1) An appeal against the order of the Mamlatdar and the Tribunal may be filed to the Collector in the following cases:— (a) an order under section 4, 1[ * * * * ] 2[ * * * * ] (d) an order under secton 9, 3[(da) an order under section 9A], (e) an order under section 10, 4[ * * * ] (g) an order under section 13, 5[ * * * ] (h) an order under section 17, (i) an order under section 19, (j) an order under section 20, (k) an order under section 23, (l) an order under section 25, (m) an order under section 29, 6[ * * * ] 7[(ma) an order under 8[sub-section (1B) and (2)] of section 32,] 9[(mb) a decision under section 31 or 32F, or an order under section 32G,] 10[(n) an order under section 11[32K or 32M]] 1. Clause (b) was deleted by Bom. 38 of 1957, s. 24(1). 2. Clause (c) was deleted by Bom. 13 of 1956, s. 40(1). 3. This clause was inserted , ibid., s. 40(2). 4. Clause (f) was deleted, ibid., s. 40(3). 5. Clause (ga) which was inserted by Bom. 38 of 1956, s. 24(2) was deleted by Guj. 5 of 1973, s. 18 (i). 6. Clause (mm) was deleted by Bom. 13 of 1956, s. 40(4). 7. This clause was inserted by Bom. 15 of 1957, s. 13. 8. These words, brackets, figures and letter were substituted for the words, brackets and figure "sub-section (2)" by Guj. 5 of 1973, s. 18(ii). 9. This Clause was inserted by Guj. 16 of 1960, s. 20(i) and shall be deemed to have been inserted with effect on and from the 1st day of August, 1956. 10. This clause was substituted for the original by Bom. 13 of 1956, s. 40(5). 11. These figures, letters and words were substituted for the figures, letters and word "32K,32M or 32-O" by Guj. 10 of 2009, s. 9. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 79 1[(na)] a decision under the proviso to sub-section (4) of section 32T or an order under section 32U,] (o) an order under section 33, 2[(oo) an order under sub-section (5) of section 34,] (p) an order under section 37, (q) an order under section 39, (r) an order under section 41, 3[ * ] 4[(rr) an order made pursuant to a notification issued under sub-section (3) of section 43A,] 5[(ra) an order under section 43B,] (s) an order under section 64. 6[(t) an order under Chapter V-A,] 7[(ta) an order passed under 8[clause (b) or clause (nb)] of section 70,] (u) an order made under section 84A, 84B or 84C, 9[(ua) an order under section 84CC,] (v) an order under section 85A, (w) an order under section 88C, (2) Save as otherwise provided in this Act, the provisions of Chapter XIII of the Bombay Bom. V of 1879.Land Revenue Code, 1879, shall apply to appeals to the Collector under this Act, as if the Collector were the immediate superior of the Mamlatdar or the Tribunal. The Collector in appeal shall have power to award costs.

10[74A. The Collector may, after due notice to the parties, by order in writing— Powers of Collector to (a) transfer any appeal pending before him or before any Assistant or Deputy Collector transfer and subordinate to him to any Assistant or Deputy Collector specified in such order, performing withdraw appeals. the duties and exercising the powers of a Collector and upon such transfer the Assistant Collector or the Deputy Collector, as the case may be, shall have power to hear and decide the appeal as if it was originally filed to him, or (b) withdraw any appeal pending before any Assistant or Deputy Collector and himself hear and decide tha same.] 1. This clause was inserted by Guj. 16 of 1930, s. 20(ii). 2. This clause was inserted by Bom. 38 of 1957, s. 24(3). 3. The word "and" was deleted by Bom. 13 of 1956, s. 40 (6). 4. Clause (rr) was inserted by Bom. 63 of 1958, s. 10. 5. This clause was inserted by Bom. 13 of 1956, s. 40 (7). 6. This clause was added, ibid., s. 40(8). 7. Clause (ta) was inserted by Guj. 5 of 1973, s. 18 (iii). 8. These words, brackets and letters were substituted for the word, brackets and letter "clause (b)" by Guj. 19 of 1973, s. 2. 9. Clause (ua) was inserted by Guj. 5 of 1973, s. 18 (iv). 10. Section 74A was substituted for the original by Bom. 33 of 1952, s. 15. 80 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII Appeal against

75. (1) An appeal against the award of the Collector made under section 66 award of may be filed to the 1[Gujarat Revenue Tribunal] notwithstanding anything contained Bom. XXXI Collector. in the 2[Bombay Revenue Tribunal Act, 1957]. of 1958. (2) In deciding appeals under sub-section (1), the 1[Gujarat Revenue Tribunal] shall Bom. XXXI exercise all the powers which a court has and 3[subject to the regulations framed of 1958. by such Tribunal under the 2[Bombay Revenue Tribunal Act, 1957]] 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. Revision.

76. (1) Notwithstanding anything contained in the 2[Bombay Revenue Tribunal Bom. Act, 1957] an application for revision may be made to the 1[Gujarat Revenue Tribunal] XXXI of constituted under the said Act against any order of the Collector 4[except an order 1958. under section 32P or an order in appeal against an order under sub-section (4) of section 32G] on the following grounds only :– (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 5[or that there has been failure to take evidence or error in approciating important evidence] which has resulted in the miscarriage of justice. (2) In deciding applications under this section the 1[Gujarat Revenue Tribunal] shall follow the procedure which may be prescribed by rules made under this Act after consultation with the 1[Gujarat Revenue Tribunal]. Revisional

6[76A. Where no appeal has been filed within the period provided for it. powers of the Collector may, suomotu or on a reference made in this behalf by Collector. 7[* * *] the State Government, at any time,– (a) call for the record of any inquiry or the proceeding of any Mamlatdar or Tribunal for the purpose of satisfying himself as to the legality or propriety of any order passed by, and as to the regularity of the proceedings of such Mamlatdar or Tribunal, as the case may be, and (b) pass such order thereon as he deems fit: 1. These words were substituted for the words "Bombay Revenue Tribunal" by the Gujarat Adoptation of Lands (State and Concurrent Subjects) (Third Amendment) Order, 1960. 2. These words and figures were substituted for the words and figures "Bombay Revenue Tribunal Act, 1939", ibid. 3. This portion was inserted by Bom. 12 of 1956, s. 41. 4. These words, figures and letters and brackets were inserted by Guj. 36 of 1965, s. 9. 5. These words were inserted by Guj. 16 of 1960, s. 71. 6. Section 76A was inserted by Bom. 38 of 1957, s. 25. 7. The words "the Divisional Officer or" were deleted by Guj. 15 of 1964, s. 4, Sch. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 81 Provided that 1[no such record shall be called for after the expiry of one year from the date of such order and] no order of such Mamlatdar or Tribunal shall be modified, annulled or reversed unless opportunity has been given to the interested parties to appear and be heard.] 2[76.AA. An application for revision may be made to the State Government Revisional against the decision of the Collector in an appeal against an order made under power of Government in sub-section (4) of section 32G and the State Government may call for the certain cases. proceedings of the Collector for the purpose of satisfying itself as to the legality or propriety of the decision of the Collector and pass such order as it may think fit.] VII of

77. Notwithstanding anything contained in the Court-fees Act, 1870 every Court Fees. 1870. application or appeal made under this Act to the Mamlatdar, Tribunal, 3[Collector, State Government] or 4[Gujarat Revenue Tribunal] shall bear a court-fee stamp of such value as may be prescribed.

78. (1) The Collector in appeal and the 4[Gujarat Revenue Tribunal] in appeal Orders in under section 75 and in revision under section 76 may confirm, modify or rescind appeals or revision. the order in appeal or revision or its' execution or may pass such other order as may seem legal and just in accordance with the provisions of this Act. (2) The orders of the Collector in appeal or of the 4[Gujarat Revenue Tribunal] 5[or of the State Government] in appeal or revision shall be executed in the manner provided for the execution of the orders of the Mamlatdar and Tribunal under section 73.

79. Every appeal or application for revision under this Act shall be filed within Limitation. a period of sixty days from the date of the order of the Mamlatdar, Tribunal or Collector, as the case may be. The provisions of sections 4, 5, 12 and 14 of the IX of Indian Limitation Act, 1908 shall apply to the filing of such appeal or application for 1908. revision]: 6[Provided that an appeal against a decision of the Mamlatdar under section 31 or 32F or an order passed by the Tribunal under section 32G before the date of the Guj. XVI commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) of 1960. Act, 1960 may be filed within a period of six months from the date of such commencement.]

80. All inquiries and proceedings before the Mamlatdar, the Tribunal, 7[the Inquiries and Collector, the 4[Gujarat Revenue Tribunal] and the State Government] shall deemed proceedings to be judicial XLV of to be judicial proceedings within the meaning of sections 193, 219 and 228 of the proceedings. 1860. Indian Penal Code. 1. These words were inserted by Bom. 16 of 1948, s. 23. 2. Section 76AA was inserted by Guj. 36 of 1965, s. 10. 3. These words were substituted for the word "Collector", ibid., s. 11. 4. These words were substituted for the word "Bombay Revenue Tribunal" by the Gujarat Adaptation of Laws State and Concurrent Subjects) (Third Amendment) Order, 1960. 5. These words were inserted by Guj. 36 of 1965, s. 12. 6. This proviso was added by Guj. 16 of 1939, s. 22. 7. These words were substituted for the words "the Collector and the Gujarat Revenue Tribunal" by Guj. 36 of 1965, s. 13. 82 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII Pleaders, etc.

1[80A. Notwithstanding anything contained in this Act or any law for the time excluded from being in force, no pleader shall be entitled to appear on behalf of any party in any appearance. proceedings under this Act before the Mamlatdar, the Tribunal or the Collector: Provided that the Mamlatdar, the Tribunal or the Collector may, in the interest of justice for reasons to be recorded in writing, allow the parties to be represented at their own cost by a pleader: Provided further that pleader's fees shall not be allowed as part of the costs for the appearance of a pleader in any such proceedings: Provided also that if any officer of Government is appointed or declared by a competent court or is authorised under any law for the time being in force as a guardian, administrator or manager of the property of a person who is under a legal disability or is incompetent or unable to manage or to act, such officer shall be entitled to appear through a representative authorised by him in writing in this behalf in any proceedings before the Mamlatdar, the Tribunal or the Collector, Such representative may also submit any application and otherwise act on behalf of the officer in any such proceedings. Explanation.– For the purpose of this section the expression "pleader" includes an advocate, attorney, vakil or any other legal practitioner.] CHAPTER VII. OffenceS and PenaltieS. Offences