(1) The Appellate Tribunal, the Tribunal, the Revenue Divisional Officer and any Officer authorised by the Tribunal or the Revenue Divisional Officer to exercise any power under this Act shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, for summoning and enforcing the attendance of any person and examining him on oath and for requiring production of any document.
(2) The Appellate Tribunal, the Tribunal, the Revenue Divisional Officer or any officer authorized by the Tribunal or the Revenue Divisional Officer in this behalf may, at any time, enter upon any land but not a dwelling house, with such officers or other persons as it or he considers necessary and make a survey and take measurements thereof or do any other act which it or he considers to be necessary for carrying out any of the provisions of this Act.
(3) The Revenue Divisional Officer or any officer authorised by him to take possession of any land vesting in the Government under this Act may, while taking such possession, remove any obstruction that may be caused or offered thereto and may for that purpose use such force as may be necessary.
23. Nothing in this Act shall apply to the following lands, namely:-
(a) lands held by the State or the Central Government or any local authority;
Power of authorities under this Act.
Central Act 5 of 1908.
Exemptions.
36 [Act No. 1 of 1973]
(b) lands held by religious, charitable or educational institutions, including a wakf, of a public nature 24[existing on the date of the commencement of this Act;]
(c) lands held by an undertaking owned, controlled or managed by-
(i) a Government company as defined in 25section 617 of the Companies Act, 1956;
(ii) a Corporation established by or under a Central;
Provincial or State Act, which is controlled or managed by a State Government or the Central Government;
(d) lands covered by tea, coffee, cocoa, cardamom or rubber plantations;
(e) lands held by-
(i) such co-operative farming societies of weaker sections as may be approved by the Government in this behalf which approval the Government may for good and sufficient reason withdraw at any time;
(ii) other co-operative societies including land mortgage banks;
(f) lands held by a bank;
(g) lands vested in the Telangana Bhoodan Yagna Board or in a Gram Sabha;
(h) lands in any area notified by the Government in this behalf as required for acquisition in connection with any
24. Added by Act No.9 of 1974.
25. Now refer to the relevant provisions of the Companies Act, 2013 (Central Act No.18 of 2013).
[Act No. 1 of 1973] 37 major irrigation, power, industrial or other project under construction as on the date of commencement of this Act:
Provided that where any of the lands specified in clause
(a), (b), (c), (e), (f), or (g) are held by any person other than the authority, institution, body corporate or society specified in such clause, whether as a tenant or usufructuary mortgagee or otherwise, the provisions of this Act, shall apply to such person in respect of such land:
Provided further that the exemptions under item (ii) of clause (e) and clause (f) shall be available only in respect of the lands acquired by such co-operative societies or banks in pursuance of the recovery of their dues:
Provided also that the exemption under item (i) of clause (c) shall be available only in respect of such part of the land as may be relatable to the share held by a State or the Central Government in such Government company, and for this purpose, the share of the land so relatable shall be deemed to be the extent of the land which would have been allotted to the said Government on a winding up of the company.