(1) On the commencement of this Act, the following Acts and provisions, that is to say,- No appeal to lie.
Review of orders of Tribunal.
IX of 1908.
Manner of executing orders passed by Tribunal.
Exemption from court- fees.
VII of 1870.
Rules.
Repeals, savings and construction.
The Bombay Revenue Tribunal Act, 1957 7 of 9
(i) the Bombay Revenue Tribunal Act, 1939;
(ii) the Bombay Revenue Tribunal Act, 1939, as extended to the Kutch area of the State of Bombay;
(iii) the Saurashtra Revenue Tribunal Ordinance, 1949;
(iv) the Hyderabad Board of Revenue Regulation 1358 F;
(v) Chapter II of the Madhya Pradesh Land Revenue Code, 1954, shall be repealed ;
Provided that such repeal shall not affect-
(a) the previous operation of any law so repealed, or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or
(c) any penalty or forfeiture incurred in respect of any thing done against any law so repealed ;
and any investigation, proceeding or remedy in respect of any right, privilege, obligation, liability, penally or forfeiture as aforesaid shall be instituted or enforced before the Tribunal, and if any proceeding is pending, immediately before the commencement of this Act, before any Tribunal, Board of Revenue or other authority constituted or appointed under the provisions of any law so repealed, it shall on the commencement of this Act stand transferred to the Tribunal established under this Act, and such proceeding shall be continued and disposed of before such Tribunal and the Tribunal shall have jurisdiction to entertain and decide all such matters :
Provided further, but subject to the preceding proviso, anything done or action taken (including any rules, regulations and forms made or issued and in force immediately before the commencement of this Act, all notices issued,) under any such law repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.
(2) Any reference to the law repealed or any provisions thereof as aforesaid, or to any tribunal, Board of Revenue or other authority constituted by the laws so repealed, in any law for the time being in force or in any instrument or other document, shall be construed as a reference to this Act or the relevant provision thereof, or to the Tribunal respectively and the Tribunal shall have and exercise all the powers under any such law, instrument or document.
22. The Acts or provisions thereof set out in column one of the Second Schedule shall be amended in the manner and to the extent specified in column two thereof.
23. The Tribunal to be constituted under section 3 of this Act may be constituted at any time after the passing of this Act and before its commencement; but the Tribunal so constituted shall not begin to function (except as to the framing of regulations and as to other matters referred to in section 22 of the Bombay General Clauses Act, 1904) till the commencement of this Act; and on such commencement, any other tribunal, Board of Revenue or corresponding body, shall be deemed to be dissolved and the members thereof shall be deemed to have vacated their office.
Bom. XII of 1939.
Bom. XII of 1939.
Sau. Ord. XX of
1949.
Hyd. Reg LX of
1358F.
M.P. Act. II of.
1955.
Consequential amendments.
Transition from existing tribunal, Board of Revenue or other authority to the Tribunal under this Act.
Bom. I of 1904.
The Bombay Revenue Tribunal Act, 1957 8 of 9 FIRST SCHEDULE (See section 9) Appellate or revisional jurisdiction agai- Name of enactment nst orders or decisions in cases arising under the following provisions.
1 2
1. The Bombay Land Revenue Section 37 sub-section (2).
Code, 1879 (Bom. V of Section 39A.
1879). Section 43.
Section 46.
Section 47.
Section 51.
Section 61.
Section 79A, except clause (b) thereof.
2. The Bombay Land Reven- Section 37, sub-section (2) ue Code, 1879 (Bom. V of Section 39A.
1879), as extended to the Section 43.
Kutch area of the State of Section 46.
Bombay. Section 47.
Section 51.
Section 61.
Section 79A, except clause (b) thereof.
3. The Bombay Land Reven- Section 37, sub-section (2).
ue Code, 1879 (Bom. V of Section 39A.
1879), as adapted and appl- Section 43.
ied to the Saurashtra area Section 46.
of the State of Bombay. Section 47.
Section 51.
Section 61.
Section 79A, except clause (by thereof.
8[ * * * * * * *]
9. The Indian Forest Act, 1927 Section 11.
(XVI of 1927) Section 12.
Section 15.
Section 16.
10. The Indian Forest Act, Section 1.
1927 (XVI of 1927), as ada- Section 12.
pted and applied to the Section 15.
Saurashtra area or the State Section 16.
of Bombay.
9[ * * * * * * *] SECOND SCHEDULE Omitted by the Gujarat Adaptation of laws (State and Concurrent Subjects) Order,
1960.]
--------------------- The Bombay Revenue Tribunal Act, 1957 9 of 9 1 For Statement of Objects and Reasons, See Bombay Government Gazette, 1957, Extra., Part, V, p. 316.
∗ Section 3 of Bom. 52 of 1959 reads as under :- "3. Notwithstanding anything contained in any judgment, decree or order of a Court, any court fee levied or paid on and after the commencement of the principal Act but before the commencement of this Act on any appeal or application to the Tribunal in acco rd an ce wi th t h e p ro v i s i o n s o f an y t en an c y l a w o r o th e r sp ec i a l l a w referred to in section 2 of this Act shall be deemed to have been validly levied or paid and the validity of such levy or payment shall not be called in question merely on the ground that the provisions relating to court-fees in such law were affected by the provisions of section 19 of the principal Act. "] Validation of court- fees levied on appeals and apptications to Tribunal under special law.
2 These words were substituted for the words 'State of Bombay' by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3 This word was substituted for the word "Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
4 These words were substituted for the words "in Greater Bombay" by the Gujarat Adaptation of Laws ( State and Concurrent Subject) Order, 1960.
5 These words were substituted for the words "State of Bombay", by the Gujarat Adaptation of Laws ( State and Concurrent Subject) Order, 1960.
6 These words were substituted for the words " State of Bombay, " by the Gujarat Adaptation of Laws State and Concurrent Subjects) Order, 1960 7 This proviso was added and was deemed always to have been added by Bom. 25 of 1959, s. 2.
8 Entries 4,5,6,7 and 8 were Omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
9 Entry 11 was omitted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order,
1960.
BOMBAY ACT No, XXXI OF 1958 The Bombay Revenue Tribunal Act, 1957 SECOND SCHEDULE