CourtMesh

Section 13

The Gujarat Private Forests (Acquisition) Act, 1972.State Act of Gujarat · Act 14 of 1973

(1) The Tribunal shall, after giving notice to both the parties, decide the appeal and record its decision.

(2) In deciding an appeal under this Act the Tribunal shall exercise all the powers which a Court has and shall follow the same procedure which a Court follows in deciding appeals from a decree or order of an original court under the Code of Civil Procedure, 1908.

14. Save as otherwise provided in section 5, every appeal made under this Act to the Tribunal shall be filed within a period of sixty days from the date of the award or as the case may be, order of the Collector. The provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963, shall apply to the filing of such appeal.

15. Notwithstanding anything contained in the Bombay Court Fees Act, 1959, every appeal made under this Act to the Tribunal shall bear a court-fee stamp of such value as may be prescribed.

16. The award made by the Collector under section 8 and an order passed by the Collector under section 10 or 11, subject to an appeal to the Tribunal or to an order of the State Government under section 17, and the decision of the Tribunal on an appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court.

17. 6[1] Where no appeal has been filed, within the period provided for it, against any decision, order or award of the Collector, the State Government may, within a period not exceeding one year from the date of such decision, order or award-

(a) call for the record of any inquiry or proceedings of the Collector for the purpose of satisfying itself as to the legality or propriety of any decision, order or award passed by, and as to the regularity of the proceedings of such Collector, as the case may be, and

(b) pass such order thereon as it deems fit:

Provided that no decision, order or award of the Collector shall be modified, annulled or reversed unless opportunity has been given to the interested parties to appear and be heard.

7[(2) Notwithstanding anything contained in sub-section (1) no record of any inquiry or proceedings of the Collector in relation to an award made by him under section 8 with the previous approval of the State Government shall be called for nor shall any order be passed thereon by the State Government, under sub-section (1).]

18. All inquiries and proceedings before the Collector and the Tribunal under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.

Appeals. Bom. XX of 1958.

Procedure before Tribunal.

V of 1908.

Limitation.

36 of 1963.

Court fees. Bom. XXXVI of

1959.

Finality of award and decision of Tribunal.

Revision.

Inquiries and proceedings before Collector and Tribunal to be judicial proceedings.

XLV of 1860.

19. No suit, prosecution or other legal proceeding shall lie against the State Government, the Tribunal or any officer of the State Government for anything in good faith done or intended to be done under this Act.

Where this provision sits

ActThe Gujarat Private Forests (Acquisition) Act, 1972.
Section13
JurisdictionState of Gujarat
StatusIn force as published by the source

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