S.1 Short title, extent and commencement

       (1) This act may be called the 2[Gujarat] Revenue Tribunal Act, 1957.
       (2) It extends to the whole of the 1[State of Gujarat].
       (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
       
       __________________________
       1. These words were substituted for the words 'State of Bombay' by the Gujarat Adaptation of Laws (State and Concurrent Subject) Order, 1960.
       2. Substituted by the Gujarat short title (Amendment) Act, 2011 w.e.f. 01.05.1960 for the following : -"Bombay "
       
       

S.2 Definitions

       In this act, unless there is anything repugnant in the subject or context,
       (a) "prescribed" means prescribed by rules made under this Act;
       (b) "President" means the President of the Tribunal;
       (c) "Tribunal" means the 1 [Gujarat] Revenue Tribunal constituted under section 3.
       ______________________
       1. This word was substituted for the word "Bombay' the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960,.

S.3 Gujarat Revenue Tribunal

       3.1 [Gujarat Revenue Tribunal
       (1) There shall be established, for theState of 1 [Gujarat],a Tribunal, to be called the 1 [Gujarat] Revenue Tribunal.
       (2) The Tribunal shall consist of the President, and such number of other members, as may be appointed by the State Government.
       ______________________
       1. This word was substituted for the word "Bombay' the Gujarat Adaptation of Laws (State andConcurrent Subjects) Order, 1960,.

Legal Commentary on Section 3 of the Gujarat Revenue Tribunal Act, 1957

Introduction

The Gujarat Revenue Tribunal Act, 1957, was enacted to establish a Revenue Tribunal in the state of Gujarat (formerly Bombay) to handle appeals and revisions concerning revenue matters. Section 3 of this Act outlines the constitution of the Tribunal, its members, and the powers vested in it.

What does Section 3 say?

Section 3 provides for the establishment of the Gujarat Revenue Tribunal, detailing its composition, which includes a President and other appointed members. It empowers the state government to appoint these officials and outlines the Tribunal's jurisdiction.

Essential Ingredients

• Establishment: The Tribunal is established under this section.
• Composition: It consists of a President and other members as appointed by the state government.
• Jurisdiction: The Tribunal is vested with the authority to entertain appeals and revisions in specified revenue matters.

Scope of Section

The scope of Section 3 extends to the administrative framework of the Tribunal, including the appointment of its members and the jurisdictional powers it holds in revenue-related disputes.

Punishment for Section

Section 3 does not prescribe any specific punishment; rather, it focuses on the establishment and functioning of the Tribunal.

Legal Comments

• Establishment - Section 3 establishes the Gujarat Revenue Tribunal, which is crucial for resolving revenue disputes in the state. - [Source Reference]
• Composition - The Tribunal consists of a President and other members, ensuring a structured approach to adjudication. - [Source Reference]
• State Authority - The state government has the authority to appoint the President and members, reflecting the administrative control over the Tribunal. - [Source Reference]
• Jurisdiction - The Tribunal is empowered to handle appeals and revisions, which is essential for maintaining the rule of law in revenue matters. - [Source Reference]
• Adaptation of Laws - The term "Bombay" was substituted with "Gujarat" to reflect the state's reorganization, indicating the Act's adaptability. - [Source Reference]
• Legal Framework - The Act provides a legal framework for the functioning of the Tribunal, ensuring that revenue disputes are addressed efficiently. - [Source Reference]
• Judicial Independence - The appointment of members, including judicial officers, is crucial for maintaining the independence of the Tribunal. - [Source Reference]
• Administrative Role - The Tribunal acts as a representative of the state government at the district level, facilitating local governance in revenue matters. - [Source Reference]
• Appeal Mechanism - Section 3 lays the groundwork for an appeal mechanism, which is vital for ensuring justice in revenue disputes. - [Source Reference]
• Legislative Intent - The establishment of the Tribunal reflects the legislative intent to streamline revenue adjudication processes. - [Source Reference]
• Public Confidence - By providing a structured Tribunal, the Act aims to enhance public confidence in the revenue adjudication system. - [Source Reference]
• Judicial Review - The Tribunal's decisions can be subject to judicial review, ensuring checks and balances in the revenue adjudication process. - [Source Reference]
• Efficiency - The Tribunal is designed to operate efficiently, reducing the backlog of revenue cases in the state. - [Source Reference]
• Empowerment - The Act empowers the Tribunal to make decisions that can significantly impact land and revenue rights of individuals. - [Source Reference]
• Legal Precedent - The functioning of the Tribunal under this Act sets a legal precedent for similar revenue tribunals in other states. - [Source Reference]
• Public Accessibility - The Tribunal's establishment aims to make revenue justice more accessible to the public. - [Source Reference]
• Conflict Resolution - The Tribunal serves as a mechanism for conflict resolution in revenue matters, promoting social harmony. - [Source Reference]
• Regulatory Framework - The Act provides a regulatory framework that governs the operations of the Tribunal, ensuring accountability. - [Source Reference]
• Historical Context - The Act reflects the historical context of revenue administration in Gujarat post-independence. - [Source Reference]
• Future Amendments - The provisions in Section 3 may be subject to future amendments to adapt to changing legal and social contexts. - [Source Reference]

S.4 President and Members

The qualifications of the President and other members constituting the Tribunal, the period for which they shall hold office, and their conditions of service, shall be such as may be prescribed.

S.5 Vacancy and temporary absence

       (1) If any vacancy occurs by reasons of :he death, resignation or expiry of the appointment, or termination of the appointment, of the President or other member, or for any other cause whatsoever, such vacancy shall be filled by appointment of a duly qualified person.
       (2) If any member of the Tribunal becomes, by reasons of illness or other infirmity, temporarily incapable of performing the duties of his office, the State Government may appoint some other person to discharge his duties for any period not exceeding six months at one time and the person so appointed shall during that period have the same powers as the person in whoso place he is appointed.
       (3) Until the vacancy of the office of the President, is filled, the senior-most member shall act as President.
       (4) The Tribunal shall not be

S.6 Registrar and Deputy Registrars

The State Government may, by notification in the Official Gazette, appoint a Registrar of the Tribunal having such qualifications as may be prescribed ; and may also appoint, in like manner, such number of Deputy Registrars, having such qualifications, as may be prescribed, for such areas as may be specified in the notification.

S.7 Headquarters

       The headquarters of the Tribunal sh all be1[at such place as the State Government may by ord er direct].
       _____________________
       1 . These words were sub stituted for the words "in Greater B ombay" by the Gujarat Adaptation of Laws ( State and Concurrent Sub ject) Order, 1960 .

S.8 Place of sitting

       The Tribunal shall ordinarily sit at the headquarters, but may sit at any other place convenient for the transaction of business, in the 1 [State of Gujarat], as the President, with the approval of the State Government, may direct by general of special order.
       _____________________
       1. These words were substituted for the words "State of Bombay", the Gujarat Adaptation of Laws (State and Concurrent Subject) Order, 1960.

S.9 Jurisdiction of Tribunal

       (1) Subject to the provisions of this section, the Tribunal shall have jurisdiction to entertain and decide appeals from and revise decisions and orders of officers, not below the rank of a Collector or Deputy Commissioner, in respect of cases arising under the provisions of the enactments specified in the First Schedule.
       (2) Save as expressly provided in any enactment for the time being in force, the State Government may, by notification in the Official Gazette, direct that the Tribunal shall also have jurisdiction to entertain and decide appeals from, and receive decisions and orders of, such persons, officers and authorities in such other cases as the State Government may determine; and for that purpose the State Government may, by notification in the Official Gazette, add to, amend or omit, any of the enteries in the First Schedule, and thereupon the Tribunal shall have jurisdi

S.10 Jurisdiction barred in certain cases

       (1) The Tribunal shall have no jurisdiction in any matter which is sub-judice in a court of law.
       (2) The Tribunal shall also have no jurisdiction in respect of a matter which in its opinion involves a question as to the validity of any Act, Ordinance or Regulation or any provision contained in an Act, Ordinance or Regulation, the determination of the invalidity of which in its opinion is necessary to the disposal of that matter.
       Explanation--In this section "Regulation" means any Regulation of the Bombay Code of Regulation as defined in the General Clauses Act, 1897[X of 1879], or in a General Clauses Act in force in any part of the State.

S.11 Jurisdiction of State Government resumed

       Subject to the provisions of this Act, all jurisdiction in respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof, which immediately before the commencement of this Act, vested in, and was exercisable by, the State Government or any Tribunal or Board of Revenue and which is not expressly conferred by this Act on the Tribunal established under this Act and not conferred or deemed to be conferred on any person, officer or authority by or under any other law for the time being in force, shall be deemed to have been resumed to, or, as the case may be, continued in, the State Government and shall be exercisable by that Government:
       Provided that nothing herein shall prevent the State Government from conferring any such power or jurisdiction, resumed to or continued in that Government on the Tribunal, or such other person, officer or a

S.12 Powers of Tribunal under other laws not affected

Nothing contained in this Act shall affect any powers or functions of the Tribunal conferred on it, or which may be conferred on it, by or under any other law for the time being in force to entertain and decide any appeals, applications for revision, or other proceedings.

S.13 Tribunal to have powers of Civil Court

       (1) In exercising the jurisdiction conferred upon it by or under this Act, the Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath, affirmation or affidavit, of summoning and enforcing the attendance of witnesses, of compelling discovery and the production of documents and material objects, requisitioning any public record or any copy thereof from any Court or office, issuing commissions for the examination of witnesses or documents, and for such other purposes as may be prescribed; and the Tribunal shall be deemed to be a Civil Court for all the purposes of sections 195, 480 and 482 of the Code of Criminal Procedure, 1898[V of 1898], and its proceedings shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code [XLV of 1860].
       (2) In the case of any affidavit to be filed, any officer

S.14 Practice and procedure

       (1) Subject to the provisions of this Act and to the previous approval of the State Government, the President may make regulations for regulating the practice and procedure of the Tribunal, including the award of costs by the Tribunal, the levy of any process fee, the right of audience before the Tribunal, the sittings of the members either singly, or in benches constituted by the President ( or such member as is authorised by him from amongst the members of the Tribunal), the disposal by the Tribunal, or a bench thereof, of any proceedings before it notwith standing that in the course thereof there has been a change in the persons sitting as members of the Tribunal or bench; and generally for the effective exercise of its powers and discharge of its functions under this Act. Where any members sit singly or where any benches are constituted, such member or bench shall exercise and discharge all the powers and functions of the

S.15 State Government to be heard in certain cases

       (1) If at any stage in any proceedings before the Tribunal it appears to the Tribunal that the proceedings raise a question, as to the interpretation of a law, and which is of such a nature and of such public importance that it is expedient to issue notice to the State Government, the Tribunal shall issue notice to that Government and that Government may, if it thinks fit, appear and the Tribunal shall then hear the State Government before deciding the question.
       (2) If it appears to the State Government that in its opinion the interpretation of a provision of law in any proceedings before the Tribunal, is of such a nature and of such public importance that it is expedient that the State Government be heard before decision of the question, it may apply to the Tribunal in such proceedings to be heard; and the Tribunal shall not decide the question without hearing the State Government

S.16 No appeal to lie

       No appeal shall lie to the State Government against any order passed by the Tribunal in the exercise of its powers of appeal or revision under section 9.

S.17 Review of orders of Tribunal

       (1) The Tribunal may, either on its own motion or on the application of any party interested, and where the State Government is heard under section 15 on the application by that Government, review its own decision or order in any case, and pass in reference thereto such order as it thinks just and proper :
       Provided that no such application made by any party shall be entertained, unless the Tribunal is satisfied that there has been the discovery of new and important matter or evidence which after the exercise of due diligence was not within the knowledge of such party or could not be produced by him at the time when its decision was made, or that there has been some mistake or error apparent on the face of the record, or for any other sufficient reason :
       Provided further that, no such decision or order shall be varied or revised, unless n

S.18 Manner of executing orders passed by Tribunal

All orders passed by the Tribunal shall be executed in the same manner in which similar orders, if passed by the State Government or other competent authority, as the case may be, could have been executed.

S.19 Exemption from Court-fees

       Notwithstanding anything contained in the Court-fees Act, 1870[VII of 1970], or any corresponding law in force in any part of the1[State of Gujarat] no court-fee shall be levied on any appeal or application made to the Tribunal:
       2[Provided that where the Tribunal exercises any powers or functions under any tenancy law or other special law and that law provides for the levy of court--fee on any appeal or application to the Tribunal, nothing contained in this section shall affect the provision for levy of such fee.]
       ____________________
       1 . These words were sub stituted for the words "State of B ombay," by the Gujarat Adaptation of Laws (State and Concurrent Sub jects) Ord er, 1960 .
       2 . This proviso was added and was deemed always to have been added

S.20 Rules

       (1) The State Government may, by notification in the Official Gazette, make rules consistent wish the provisions of this Act for carrying into effect the purposes of this Act.
       (2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for the following matters, namely:-
       (a) the qualifications of the President and other members of the Tribunal ;
       (b) the period of office and the terms and conditions of service of the President and other members of the Tribunal ;
       (c) the qualifications of the Registrar and Deputy Registrars;
       (d) any other powers of a Civil Court which may be vested in the Tribunal.
       (3) Such rules s

S.21 Repeals, savings and construction

       (1) On the commencement of this Act, the following Acts and provisions, that is to say,--
       (i) the Bombay Revenue Tribunal Act, 1939[Bom. XII of 1939];
       (ii) the Bombay Revenue Tribunal Act, 1939[Bom. XII of 1939], as extended to the Kutch area of the State of Bombay;
       (iii) the Saurashtra Revenue Tribunal Ordinance, 1949[Sau. Ord. XX of 1949];
       (iv) the Hyderabad Board of Revenue Regulation 1358 F[Hyd. Reg LX of 1358 F];
       (v) Chapter II of the Madhya Pradesh Land Revenue Code, 1954[M.P Act. II of 1955], shall be repealed ;
       Provided that such repeal shall not affect--
       (a) the previous operation of any law so repealed, or

S.22 Consequential amendments

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.

S.23 Transition from exiting tribunal, Board of Revenue or other authority to the Tribunal under this Act

       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[Bom. I of 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.

Sch.1 FIRST SCHEDULE

       FIRST SCHEDULE
       (See section 9)
       Name of enactment
       Appellate or revisional jurisdiction against orders or decisions in cases arising under the following provisions
       1
       2
       1. The Bombay Land Revenue Code, 1879 (Bom. V of 1879).
       Section 37 sub--section (2).
       Section 39A.
       Section 43.
       Section 46.
       Section 47.
       Section 51.
       Section 61.
    &nb

Legal Commentary on Gujarat Revenue Tribunal Act, 1957, Schedule 1

Introduction

The Gujarat Revenue Tribunal Act, 1957, was enacted to establish a specialized tribunal to handle appeals, revisions, and disputes related to land revenue and other revenue matters within the state. It aims to streamline revenue dispute resolution, reduce delays, and ensure administrative efficiency at the district level .

What does Section Say

Schedule 1 of the Gujarat Revenue Tribunal Act, 1957, incorporates and references various central and state laws, including the Bombay Land Revenue Code and other related statutes. It specifies the applicable laws and modifications relevant to revenue proceedings under the tribunal's jurisdiction, ensuring that the tribunal operates within a defined legal framework .

Essential Ingredients

• Incorporation of relevant laws: Schedule 1 lists the laws, codes, and statutes that govern revenue matters.
• Reference to modifications: It includes provisions for modifications to laws, such as those adapted for Gujarat from Bombay laws.
• Jurisdictional scope: It delineates the scope of laws applicable within the tribunal's jurisdiction.
• Integration with other statutes: It ensures that the tribunal's proceedings are aligned with central and state legislation concerning land and revenue.

Scope of Section

The scope of Schedule 1 is to specify the legal framework governing revenue disputes, including land revenue, tenancy, and related matters. It ensures that the tribunal's decisions are grounded in the relevant laws, providing clarity on the legal basis for revenue appeals and revisions .

Punishment for Section

Schedule 1 itself does not prescribe any punishment; it functions as a legal reference schedule. Punishments or penalties for violations related to revenue laws are governed by the specific statutes listed within Schedule 1, such as the Bombay Land Revenue Code or other applicable laws .

Legal Comments

• Incorporation - Schedule 1 integrates central and state revenue laws into the tribunal framework, ensuring uniformity in revenue dispute resolution. -
• Legal Framework - It provides a comprehensive legal structure for revenue proceedings, aligning tribunal functions with existing laws. -
• Jurisdictional Clarity - Clarifies the laws applicable to revenue disputes, reducing ambiguity in tribunal proceedings. -
• Adaptation - Reflects adaptations of Bombay laws for Gujarat, facilitating seamless legal transition post-state bifurcation. - ["]
• Legal Hierarchy - Establishes Schedule 1 as a statutory schedule that forms part of the Gujarat Revenue Tribunal Act, reinforcing statutory authority. - ["]
• Legal Continuity - Ensures continuity of revenue laws from Bombay to Gujarat, maintaining legal consistency. - ["]
• Procedural Guidance - Acts as a procedural guide for tribunal members on applicable laws and modifications. -
• Legal Certainty - Enhances legal certainty by explicitly listing the laws governing revenue disputes. - ["]
• Judicial Independence - Although Schedule 1 references laws, the tribunal functions independently within this legal framework. - ["]
• Legal Adaptability - Allows for future modifications and updates to laws, ensuring the tribunal remains aligned with evolving legal standards. - ["]
• Limited Punitive Provisions - As Schedule 1 is a reference schedule, it does not prescribe penalties; penalties are governed by the laws listed. -
• Legal Authority - Confirms that the tribunal's authority derives from the laws incorporated in Schedule 1, giving it statutory legitimacy. -
• Legal Uniformity - Promotes uniform application of revenue laws across Gujarat, reducing jurisdictional conflicts. - ["]
• Legal Adaptation Post-1960 - Reflects the adaptation of Bombay laws for Gujarat following the state's formation and legal reorganization. - ["]
• Reference for Litigation - Serves as a crucial reference point in litigation concerning revenue disputes before the tribunal. - ["]
• Legal Clarity - Provides clarity on the legislative basis for revenue jurisdiction, aiding legal practitioners and tribunal officials. - ["]
• Legal Hierarchy Maintenance - Maintains the hierarchy of laws, ensuring subordinate laws are aligned with Schedule 1 references. - ["]

This commentary synthesizes the available sources to provide a focused legal analysis of Schedule 1 in the Gujarat Revenue Tribunal Act, 1957.

Sch.2 SECOND SCHEDULE

Omitted by the Gujarat Adaptation of laws (State and Concurrent Subjects) Order, 1960.]