(1) The Appellate Tribunal, the Tribunal, the Deputy Collector (Revenue) and any officer authorised by the Tribunal or Deputy Collector (Revenue) to exercise any powers under this Regulation 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 Deputy Collector (Revenue) or any officer authorised by the Tribunal or Deputy Collector (Revenue) 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 Regulation.
(3) The Tribunal or any officer authorised by it to take possession of any land vesting in the Government under this Regulation 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.
22. Nothing in this Regulation shall apply to the following lands, namely:—
(a) lands held by the Central Government or any State Government or any local authority;
(b) lands held by religious, charitable or educational institutions (including wakfs) of a public nature existing on the date of commencement of this Regulation;
(c) lands held by an undertaking owned, controlled or managed b y -
(i) a Government company as denned in section 617 of the Companies Act, 1956;
(li) 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 held by—
(i) such co-operative farming societies of weaker sections of the people as may be approved by the Government in this behalf, which approval the Government may, for good and sufficient reason, withdraw at any time;
Revision.
Power of authorities under this Regulation.
Exemptions.
22 THE GAZETTE Ol'1 IKDIA EXTRAORDINARY [PART II— Penalty
(ti) other co-operative societies including land mortgage banks;
(e) lands held by a bank;
(j) lands In any area notified by tht: Government in this behalf as required for acquisition in connection with any major irrigation, power, industrial or other project under construction as on the date of the commencement of this Regulation:
Provided that where any of the lands specified in clause (a), (b),
(c), (d) or (e) 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 Regulation shall apply to such person in respect of such land:
Provided further that the exemptions under sub-clause (ii) of clause (d) and clause (e) shall be available only in reBpect 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 sub-clause (t) of clause (c) shall be available only in respect of such part of the land as may be rela table 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.
23. (I) If any person, who is liable to furnish a declaration under this Regulation wilfully and without reasonable cause or excuse, fails to furnish the declaration within the period prescribed or specified therefor by ox under this Regulation or furnishes any declaration which he knows or has reason to believe to be false, incorrect or incomplete, he shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees or with both.
(2) If any person wilfully and without reasonable cause or excuse, contravenes any other provisions of this Regulation or of any rulea made or orders issued thereunder, he shall be punished with imprisonment for a term which rnay extend to two years or with fine which may extend to two thousand rupees or with both.
(3) If any village Karnam, or any officer of the Revenue, Registration or Survey and Settlement Department of the Government wilfully and without reasonable cause or excuse fails to report to the Deputy Collector (Revenue) any information which he may receive of any transaction in respect of any land made in contravention of any of the provisions of this Regulation, he shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees or with both.
(4) No court shall take cognizance of an offence punishable under this Regulation except with the previous sanction of the Collector, which sanction shall be accorded subject to such rules as may be prescribed .
-SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 2 3
24. (I) No suit, prosecution or other legal proceedings shall lie against any person, officer or authority for anything which is in good v faith done or intended to be done in pursuance of this Regulation or any rulej made thereunder.
(2) No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused or for any injury suffered or likely to be suffered, by virtue of any provision of this Regulation, or for anything which is in good faith done or intended to be done in pursuance of this Regulation or any rules made thereunder.
25. Save as otherwise provided in this Regulation, no order passed or proceeding taken by an officer or authority under this Regulation shall be called in question in any court, in any suit or application and no injunction shall be granted by any court in respect of any action taken or to be taken by such officer or authority in pursuance of any power • conferred by or under this Regulation.