(1) Any person aggrieved by the award made by the Tribunal under section 24 or by the Collector under section 28 may appeal to the Gujarat Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957.
(2) Every petition of appeal under sub-section (1) shall be accompanied by a certified copy of the award against which the appeal is made on less the production of such copy is dispensed with.
(3) In deciding such appeal the Gujarat Revenue Tribunal shall exercise all the powres which a Court has and follow the same procedure which the Court follows in deciding Appeals from the decree or order of the original court under the Code of Civil Procedure, 1908.
37. Where no appeal has been filed within the period provided for it, the Collector may, suo motu or on a reference made in this behalf by 89 [* * *] the State Government, at any time,—
(a) call for the record of any inquiry of the proceedings of any Mamlatdar or of the Tribunal other than the proceedings of an award 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 :
Provided that 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.
38. Notwithstanding anything contained in the Bombay Revenue Tribunal Act, 1957, an application for revision may be made to the Gujarat Revenue Tribunal constituted under the said Act against any order of the Collector on the following grounds only— :
(a) that the order of the Collector was contarary to law ;
(b) that the Collector failed to determine some material issue of law ;
Appeal against awards.
Bom. XXXI of
1958.
V of 1908.
Collector's power of revision.
Bom. XXXI of
1958.
Revisional jurisdiction of Gujarat Revenue Tribunal.
or
(c) that there was a substantial defect in following the procedure provided by this Act, which has resulted in the miscarriage of justice.
(2) In deciding applications under this section the Gujarat Revenue Tribunal shall follow the procedure which has been prescribed by rules and regulations made under the Bombay Revenue Tribunal Act, 1957.
39. 90[Save as otherwise provided in this Act, 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, Tribunal or Collector as the case may be. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908 shall apply to the filing of such appeal or application for revision.
40. Notwithstanding anything contained in the Bombay Court-fees Act, 1959, every application or appeal made under this Act to the Mamlatdar, Tribunal, Colle- ctor or Gujarat Revenue Tribunal shall bear a court-fee stamp of such value as may be prescribed.
41. The Gujarat Revenue Tribunal in revision under section 38 may confirm, modify or rescind the order in revision or its execution or may pass such other orders as may seem legal and just in accordance with the provisions of this Act.
42. The Collector may, after due notice to the parties, by order in writing,-
(a) transfer any appeal pending before him or before any Assistant or Deputy Collector subordinate to him to any Additional, Assistant or Deputy Collector, specified in such order, performing the duites and exercising the power of a Colle- ctor and upon such transfer the Additional Collector.
Assistant Collector or 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 the same.
91[42-A. Notwithstanding anything contained in any law for the time being in force, in all inquiries and proceedings relating to any land before any officer or autho- rity under this Act, such revenue officer having jurisdiction in the area in which such land is situated, as may be authorised in this behalf by the State Government by an order published in the Official Gazette, shall be a necessary party.]
CHAPTER—VII.
MISCELLANEOUS.
43. Any sum whether by way of occupancy price, rent or otherwise payable by any person to the State Government by or under the provisions of this Act, shall, if not paid by such person, be recoverable as an arrear of land revenue.