Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Saurashtra Gharkhed, Tenancy Settlement And Agricultural Lands Ordinance, 1949 41 of 1949 [08 July 1949] CONTENTS CHAPTER 1 :- CHAPTER I 1. Short Title, Extent And Commencement 2. Definitions CHAPTER 2 :- CHAPTER II 3. Section 3 4. Section 4 5. Section 5 6. Section 6 7. Section 7 8. Section 8 9. Section 9 10. Section 10 11. Section 11 12. Section 12 13. Section 13 14. Section 14 15. Section 15 CHAPTER 3 :- NON-GHARKHED LANDS 16. Section 16 17. Section 17 18. Section 18 1 9 . Modifications In The Saurashtra Land Revenue Code As Adapted And Applied 20. [Repealed By The Saurashtra Land Reforms Act, 1951 (Act No. Xxv Of 1951) CHAPTER 4 :- CHAPTER IV 21. Section 21 22. Section 22 23. Section 23 24. Section 24 25. Section 25 26. Section 26 27. Section 27 28. Section 28 29. Section 29 30. Section 30 31. Section 31 32. Section 32 33. Section 33 34. Section 34 CHAPTER 5 :- CHAPTER V CHAPTER 6 :- M A NA G E M E NT OF ESTATES HELD BY LANDHOLDERS 35. Power To Assume Management Fo Land Holders Estate 36. Vesting Of Estate In Management 37. Effect Of Declaration Of Management 38. Managers Powers 39. Manager To Pay Costs Of Management, Etc. 40. Notice To Claimants 41. Claim To Contain Full Particulars 42. Claim Not Duly Notified To Be Barred 43. Determination Of Debts And Liabilities 44. Power To Rank Debts And Fix Interest 45. Scheme For Liquidation 46. Provision Of Scheme 47. Effects Of Sanctioning Scheme 48. Power To Remove Mortgagee In Possession 49. Power To Sell Or Lease 50. Managers Receipt A Discharge 51. Holder Of Estate Dying 52. Termination Of Management 53. Manager Deemed To Be Public Servant CHAPTER 7 :- RESTRICTION ON TRANSFERS OF AGRICULTURAL LANDS, MANAGEMENT OF UNCULTIVATED LANDS AND ACQUISTION OF ESTATES AND LANDS 54. Transfer To Non-Agriculturists Barred 55. Section 55 56. Section 56 57. Section 57 CHAPTER 8 :- CHAPTER VIII 58. Section 58 59. Section 59 60. Section 60 61. Section 61 62. Section 62 63. Section 63 64. Section 64 65. Section 65 66. Section 66 67. Section 67 68. Section 68 69. Section 69 70. Section 70 71. Section 71 72. Section 72 CHAPTER 9 :- Chapter IX CHAPTER 10 :- MISCELLLANEOUS 73. Rules 74. Delegation Of Powers 75. Summary Eviction 76. Bar Of Jurisdiction 77. Control 78. Indemnity 79. Ordinance Not To Apply To Certain Lands And Areas 80. Repeal SCHEDULE 1 :- Schedule I SCHEDULE 2 :- THE SCHEDULE II Saurashtra Gharkhed, Tenancy Settlement And Agricultural Lands Ordinance, 1949 41 of 1949 [08 July 1949] An Ordinance to provide for the settlement of disputes between land-holders and their tenants and other matters, WHEREAS it is expedient for the peace and good government of the State of Saurashtra to provide for the settlement of disputes relating to the quantum of Gharkhed land, rent and evictions, between the land- holders and their tenants, for the improvement of the economic and social conditions of peasants, for the full and efficient use of land for agriculture and for certain other matters hereinafter appearing : Now, Therefore, in exercise of the powers conferred by paragraph (3) of Article IX of the Covenant, read with paragraph III of the Supplementary Covenant and all other powers enabling him in this behalf, the Raj Pramukh is hereby pleased to make and promulgate the following Ordinance :- CHAPTER 1 CHAPTER I 1. Short Title, Extent And Commencement :- (1) This Ordinance may be called The Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949. (2) It extends to the whole of the State of Saurashtra. (3) It shall come into force on such date as may be specified by Government by a notification in the Official Gazette. This Ordinance was brought into force on 20th July, 1949 by Legal and Constituent Assembly Department notification No. LD/118 dated 13th July, 1949 2. Definitions :- In this Ordinance, unless there is anything repugnant in the subject or context ; (a) "Agency" means the former Western India and Gujarat States Agency; (b) "agriculture" includes horticulture, raising of crops, fodder or garden produce, dairyfarming, poultry farming, stock breeding and grazing, but does not include cutting of wood only; (c) "agriculturist" means a person who cultivates the land personally; (d) "an agreeing Talukdar or Estate-holder" means a Talukdar or Estate-holder who has entered into an agreement with the Government of India to accept Zamindari of his Taluka or Estate and to merge his taluka or estate in the State of Kathiawar known thereafter as the State of Saurashtra; (e) "Bid land" means such laud as has been used by the landholder for grazing his cattle or for cutting grass for the use of his cattle for not less than 10 years previous to 1st January, 1948 ; (f) "to cultivate" means to carry on any agricultural operation; ( g ) "to cultivate personally" means to cultivate on ones own account-- (1) by ones own labour, or (2) by the labour of any member of ones family, or (3) by servants on wages payable in cash or kind, but not in crop- shares or by hired labour, under ones personal supervision or of any member of ones family; Explanation I. -- An agriculturist who is a widow or a minor or is subject to any physical or mental disability or who is in active service of the Government of the State of Saurashtra, the Government of India or any State Government in India, shall be deemed to cultivate the land personally if it is cultivated by her or his servants or byhired labour; Explanation II. -- In the case of undivided Hindu family, the land shall be deemed so have been cultivated personally if it is cultivated by any member of such family; (h) "Gharkhed" means land reserved by a land-holders for cultivating personally; Provided that the land shall continue to be Gharkhed land even if a landholder allows the same to be cultivated by the tenant cultivating the land, on the 1st January, 1948; (i) "Government" means the Government of the State of Saurashtra; (j) "improvement" means with reference to any land, any work which adds to the value of the land and which is suitable thereto as also consistent with the purpose for which it is held and includes,-- (a) the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes ; (b) the construction of works for the drainage of land or for the protection of land from floods or from erosion orother damage from water; (c) the reclaiming, clearing, enclosing, levelling or terracing of land; (d) the erection of buildings on the land required for the convenient or profitable use of such land for agricultural purposes; and (e) the renewal or re-construction of any of the foregoing works or alterations therein or additions thereto as are not of the nature of ordinary repairs ; b u t does not include such clearances, embankments, levelling, enclosures, temporary wells, water channels and otherworks as are commonly made by the tenants in the ordinary course of agriculture ; (k) "land" means land which is used for agricultural purposes and includes:- (a) sites of farm buildings appurtenant to land used for agricultural purposes; and (b) sites of dwelling houses occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses; (l) "landholder" means a Zamindar, Jagirdar, Girasdar, Talukdar, Bhayt, Bhagdar, Mulgirasia, Barkhalidar, Inamdar, Jiwaidar or any person who is a holder of land or who is interested in land and whom the Government has declared on account of the extent and value of the land or his interests therein to be a landholder for the purposes of this Ordinance; (m) "Mamlatdar" includes a Mahalkari and any other officer whom the Government may appoint to perform the duties of a mamlatdar under this Ordinance; (n) "person" includes an undivided Hindu family ; ( o ) "prescribed" means prescribed by rules made under this Ordinance; (p) "profits of agriculture" in respect of any land means the surplus remaining with the cultivator after the expenses of cultivation including wages of the cultivator working on the land are deducted from the gross produce; (q) "reasonable rent" means the rent determined under section 13; (r) "rent" means any consideration in money or kind paid or payable by a tenant on account of the use or occupation of the land held by him, but shall not include the rendering of any personal service or labour; (s) "State" means the State of Saurashtra; (t) "tenancy" means the relationship of landholders and tenant; (u) "tenant" means an agriculturist who holds land or lease and includes a person who is deemed to be a tenant under the provisions of this Ordinance; (v) "Tribunal" means the Agricultural Lands Tribunal constituted under section 58; (w) "State of Saurashtra" means the State created and established under the Covenant entered into by the rulers of Kathiawar and the Agreement entered into by the Talukdars and Estate-holders of Kathiawar and the former States of Junagadh, Manavadar, Bantwa, Sardargadh, Mangrol and Babariawad which have integrated under the Supplementary Covenant entered into by the representatives of these States and rulers of Kathiawar and includes any other State, area or territory which may hereafter integrate or merge into the State of Saurashtra; (x) "year" means the year ending on the 31st of March or on such date as the Government may, by notification appoint for any locality; (y) words and expressions used in this Ordinance but not defined shall have the meaning assigned to them, as the case may be, in the Bombay Land Revenue Code, 1879, as adapted and applied to the State and the Transfer of Property Act,1882. CHAPTER 2 CHAPTER II 3. Section 3 :- Section 3 to 15 - [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951) 3-15. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)] 4. Section 4 :- 5. Section 5 :- 6. Section 6 :- 7. Section 7 :- 8. Section 8 :- 9. Section 9 :- 10. Section 10 :- 11. Section 11 :- 12. Section 12 :- 13. Section 13 :- 14. Section 14 :- 15. Section 15 :- CHAPTER 3 NON-GHARKHED LANDS 16. Section 16 :- Section 16 to 18 - [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951) 1 [16-18. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)]] 1. Sections 16, 17 and 18 were repealed by the Saurashtra Land Reforms Act, 1951 (Act. No. XXV of 1961). 17. Section 17 :- 18. Section 18 :- 19. Modifications In The Saurashtra Land Revenue Code As Adapted And Applied :- (1) 1 [The] Bombay Land Revenue Code, 1879, as adapted and applied to the State shall apply to the estates of landholders to which this Ordinance applies. 2 [(2) 2 [(3). 3 [(4)....... 1. This word was substituted for the words "Subject to the provisions of sub-sections (2) and|(3)" by section 18 of the Saurashtra Estates Acqusition Act, 1952 (Act No. III of 1962). 2 . Sub-sections (2) and (3) were omitted, section 18 of the Saurashtra Estates Acqusition Act, 1952 (Act No. III of 1962). 3. Sub-section (4) was repealed by the Saurashtra Land Reforms Act, 1951 (Act Non. XXV of 1951). 20. [Repealed By The Saurashtra Land Reforms Act, 1951 (Act No. Xxv Of 1951) :- 1 [20 [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)] 1. Section 20 was repealed, the Saurashtra Land Reforms Act, 1951 (Act Non. XXV of 1951). CHAPTER 4 CHAPTER IV 21. Section 21 :- Section 21 to 22 - Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951) 22. Section 22 :- 23. Section 23 :- Section 23 to 34 - Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951) 24. Section 24 :- 25. Section 25 :- 26. Section 26 :- 27. Section 27 :- 28. Section 28 :- 29. Section 29 :- 30. Section 30 :- 31. Section 31 :- 32. Section 32 :- 33. Section 33 :- 34. Section 34 :- CHAPTER 5 CHAPTER V CHAPTER 6 MANAGEMENT OF ESTATES HELD BY LANDHOLDERS 35. Power To Assume Management Fo Land Holders Estate :- Notwithstanding any law for the time being in force, usage or custom or the terms of contract or grant, when the Government is satisfied that on account of the neglect of a landholder or disputes between hi m or hi s tenants the cultivation of hi s estate has seriously suffered, or when it appears to the Government that it is necessary for1[......] ensuring the full and efficient use of the land for agriculture to assume management of any landholders estate, a notification announcing such intention sh all be published in the Official Gazette and the Collector sh all cause notice of the sub stance of such notification to be given at convenient place in the locality where the estate is situated. Such notification sh all be conclusive. 1 . The words "the purpose of improving the economic and social condition of peasants or were omitted by ordinance No. LXXXV of 1949 . 36. Vesting Of Estate In Management :- On the publication of the notification under section 35, the estate in respect of which the notification has been publishedshall, so long as the management continues, vest in the Government. Such management shall be deemed to commence from the date on which notification is published and the Government shall appoint a manager to be in charge of such estates. 37. Effect Of Declaration Of Management :- On the publication of the notification under section 35, the following consequences shall ensue:-- (1) All proceedings then pending in any civil court in respect of the debts and liabilities enforceable against the estateshall be stayed: and the operation of all processes, executions and attachments then in force for or in respect of such debts and liabilities shall be suspended. (2) So long as the management continues no fresh proceedings, processes, executions or attachments shall be instituted in or issued, enforced or executed by any civil court in respect of such debts and liabilities. (3) So long as the management continues the holder of the estate shall be incompetent:-- (a) to enter any contract involving the estate in pecuniary liability; (b ) to mortgage, charge, lease, or alienate the property under management or any part thereof, or (c) to grant valid receipts for the rents and profits arising or accruing thereform: Provided that nothing contained in this section shall be deemed to preclude the manager from letting and the holder from taking the whole or any part of such estate on such terms consistent with this Ordinance as may be agreed upon between the parties. (4) So long as the management continues, no person other than the manager shall be competent to mortgage, charge, lease of alienate such estate or any part thereof. 38. Managers Powers :- (1) The manager shall, during the management of the estate, have all the powers which the holder thereof might as such have exercised and shall receive and recover all rents and profits due in respect of the property under management. ( 2 ) For the purpose of recovering such rents and profits the manager shall have, in addition to any powers possessed by the Collector under the law for the time being in force for securing and recovering land revenue due to Government. 39. Manager To Pay Costs Of Management, Etc. :- (1) From the sums received or recovered under section 38, the manager shall pay: ( i ) the costs of management including the costs of necessary repairs; (ii) the Government revenue and all debts and liabilities for the time being due or incurred to the Government in respect of the property under management; (iii) the rent, if any, due to any superior holder in respect of the said estate; (iv) such periodical allowances as the Collector may from time to time fix for the maintenance and other expenses of the holder and of such members of his family as the Collector directs; (v) the cost of such improvements of the said estate as he thinks necessary and as approved by the Collector. (2) The residue shall be retained by the manager for the liquidation, in the manner hereinafter provided, of the debts and liabilities other than those mentioned in sub-section (1) and also for the repayment either before or after the liquidation of such debts and liabilities, of any loan received from Government by the manager under this Ordinance. The balance, if any,shall be paid to the holder. 40. Notice To Claimants :- On the publication of the order of management, the manager shall publish in the Official Gazette a notice calling upon all persons having claims against the estate under management to notify the same in writing to such manager within two months from the date of the publication. He shall also cause copies of such notice to be exhibited at such several places as he thinks fit. 41. Claim To Contain Full Particulars :- (1) Every such claimant shall, along with his claim, present full particulars thereof. (2) Every document on which the claimant founds his claim, or on which he relies in support there of, shall be delivered, to the manager along with the claim. (3) If the document be an entry in any book, the claimant shall produce the book to the manager, together with a copy of the entry on which he relies. The manager shall mark the book for the purpose of identification and, after examining and comparing the copy with the original, shall return the book to the claimant. (4) If any document in possession or under the control of the claimant is not delivered or produced by him before the manager along with the claim, the manager may refuse to receive such document in evidence on claimants behalf at the investigation of the case. 42. Claim Not Duly Notified To Be Barred :- Every such claim other than the claim of the Government not informed to the manager within the time and in the manner required by such notice shall, except as provided herein, be deemed for all purposes; and on all occasions, whether during the continuance of the management or afterwards, to have been duly discharged: Provided that when proof in made to the manager that the claimant was unable to comply with the provisions of section40, the manager may receive such claim within the further period of two months from the expiration of the original period of two months. 43. Determination Of Debts And Liabilities :- The manager shall inquire into the history and merits of every claim received under the preceding section and shall in accordance with the rules to be made under this Ordinance determine the amount of the debts and liabilities, if any, justly due to the several claimants. 44. Power To Rank Debts And Fix Interest :- If such amount cannot be paid at once, the manager shall then proceed to rank such debts and liabilities according to theorder in which they shall be paid and fix the interest, if any, to be paid thereon, respectively from the date of the final decision thereon to the date of the payment and discharge thereof. 45. Scheme For Liquidation :- When the total amount of the debts and liabilities including those due and incurred to the Government has been finally determined, the manager shall prepare and submit to the Collector a schedule of such debts and liabilities, and a scheme(hereinafter called the liquidation scheme) showing the mode in which it is proposed to pay and discharge the same, whether from the income of the property under management, or with the aid of funds raised under the powers hereinafter conferred, or partly in one of such ways and partly in the other. 46. Provision Of Scheme :- Every liquidation scheme shall further provide for the continuance of the payments to be made by the manager and for the repayment of money, if any, the manager proposes to borrow from. Government under this Ordinance and may provide for the improvement of the estate under management either from the said income or with the aid of the funds raised as aforesaid or partly in one of such ways and partly in the other. 47. Effects Of Sanctioning Scheme :- When the Collector sanctions the liquidation scheme, he shall notify the fact of such sanction at such place and in such manner as the Government may from time to time by rule direct; and thereupon:- - (i) all proceedings, processes, execution and attachments stayed or suspended under section 37 shall be for ever barred; (ii) every debt or liability due or owning to any person which was provable before the manager shall be extinguished, and such person shall be entitled to receive under the liquidation scheme the amount, if any, finally awarded to him under the preceding sections in respect of such debt or liability. 48. Power To Remove Mortgagee In Possession :- (1) If the estate under management or any part thereof be in the possession of a mortgagee or conditional vendee, the manager at any time after the liquidation scheme has been sanctioned as aforesaid, may, by an order in writing, require such incumbrancer to deliver up possession of the same to him at the end of the then current year. (2) If such, incumbrancer refuses or neglects to obey such order, the manager may without resorting to a civil court enter upon the property and summarily evict therefrom the said incumbrancer or any other person obstructing or resisting in his behalf. (3) Nothing in this section shall be held to affect the right of any incumbrancer to receive under the liquidation scheme the amount, if any, awarded to him under this Ordinance. 49. Power To Sell Or Lease :- Subject to the rules made under this Ordinance, the manager, after the liquidation scheme has been sanctioned as aforesaid,shall have power to sell or grant on lease all or any part of the estate under the management: Provided that the estate or any part thereof shall not be sold or leased for a period exceeding 10 years without the previous permission of the Collector: Provided further that the Collector shall not give such permission unless he is satisfied that such sale or lease is necessary for the benefit of the estate. The decision of the Collector shall be final. 50. Managers Receipt A Discharge :- The managers receipt for any moneys, rents or profits raised or received by him under this Ordinance shall discharge the person paying the same therefrom or from being concerned to see to the application thereof. 51. Holder Of Estate Dying :- (1) If the holder of the estate dies after the publication of the order of management, the management shall continue and proceed in all respects as if the holder were still living. (2) Any person succeeding to the whole or any part of the estate under management shall, while such management continues, be subject in respect of such estate to the disabilities imposed under this Ordinance. (3) No civil court shall, during the continuance of the management, issue any attachment or other process against any portion of the estate under management for or in respect of any debt or liability incurred by any such person either before or after his said succession. 52. Termination Of Management :- The Government, when it is of opinion that it is not necessary to continue the management of the estate, by order published in the Official Gazette, may direct that the said management shall be terminated. On the termination of the said management the estate shall be delivered into the possession of the holder, or, if he is dead, of any person entitled to the said estate together with any balances which may be due to the credit of the said holder. All acts done of or purporting to be done by the manager during the continuance of the management the estate shall be binding on the holder or on any person to whom the possession of the estate has been delivered. 53. Manager Deemed To Be Public Servant :- The manager appointed under this Chapter shall be deemed to be a public servant under section 21 of the Indian Penal Code. CHAPTER 7 RESTRICTION ON TRANSFERS OF AGRICULTURAL LANDS, MANAGEMENT OF UNCULTIVATED LANDS AND ACQUISTION OF ESTATES AND LANDS 54. Transfer To Non-Agriculturists Barred :- (1) Save as provided in this Ordinance:-- (a) no sale (including sales in execution of a decree of a civil court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift, exchange or lease of any land 1 [where lease is by law allowed] or interest therein, or (b) no mortgage of any land or interest therein in which the possession of the mortgaged property is delivered to the mortgagee, shall be valid in favour of a person who is not an agriculturist; 2 [or] 3 [(c) no agreement made by an instrument in writing for the sale, gift, exchange, lease or mortgage of any land or interest therein;] Provided that the Collector or an officer authorised by the Government may grant permission for such sale, gift, exchange, lease, 4 [where lease is by law allowed], or mortgage, 5 [or for such agreement] on such conditions as may be prescribed: 6[Provided further that no such permission shall be granted, where land is being sold to a person who is not an agriculturist for agricultural purpose, if the annual income of such person from other sources exceeds five thousand rupees.] (2) Nothing in this section shall be deemed to prohibit the sale, gift, exchange or lease of a dwelling house or the site thereof or any land appurtenant to it in favour of an agricultural labourer or an artisan. 7 [Explanation :-- For the purpose of this section in so far as it relates to sale or lease of land, the term "agriculturist" shall include a 8 [Maldhari and Landless Labourers employed in agricultural operations].] 1. These words were inserted by Saurashtra Act No. XLIV of 1953. 2. This word was added by Guj. 30 of 1977, s. 9(i). 3. Clause (c) was inserted, Guj. 30 of 1977 2s. 9.(ii). 4. These words were inserted, by Saurashtra Act, No. XLIV of 1953, S. 2 (i)(b). 5. These words were inserted by Guj. 30 of 1977, s. 9 (iii). 6. This proviso was added by Guj. 16 of 1973, s. 2. 7. This Explanation was added by Saurashtra Act No. XLIV of 1953, s. 2 (b). 8. These words were substituted for the word "Maldhari by Saurashtra Act, No. XXXIX of 1955, s. 2. 55. Section 55 :- Section 55 to 57 - Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951) 1 [55-57. [Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951)] 1. These sections were repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951 ). 56. Section 56 :- 57. Section 57 :- CHAPTER 8 CHAPTER VIII 58. Section 58 :- Section 58 to 71 - Repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951) 1 [..... 1. Chapter VIII was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951). 59. Section 59 :- 60. Section 60 :- 61. Section 61 :- 62. Section 62 :- 63. Section 63 :- 64. Section 64 :- 65. Section 65 :- 66. Section 66 :- 67. Section 67 :- 68. Section 68 :- 69. Section 69 :- 70. Section 70 :- 71. Section 71 :- 72. Section 72 :- CHAPTER 9 Chapter IX CHAPTER 10 MISCELLLANEOUS 73. Rules :- (1) The Government may make rules for carrying out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the froegoing provisions, such rules may provide for the following matters:-- (a) factors to be taken into consideration for determining reasonable rent under section 13; (b) the penalty to be recovered under section 24; (c) the fees to be paid for the grant of certificate and the form of such certificate under sub-section (3) of section 27; (d) prescribing forms under section 29; (e) the manner of determining the reasonable price of land and the period during which the amount of price may be deposited and prescribing the form of certificate and the manner of deciding questions under section 31; (f) the terms and conditions for exchange of land and the form of certificate to be issued under section 32; (g) prescribing the form of application under section 33; (h) the manner of determining debts and liabilities under section 43; (i) the manner of notifying liquidation scheme sanctioned under section 47; (j) the conditions subject to which permission to acquire land or interest therein may be granted under section 54; (k) the factors to be prescribed under section 55 (1); (l) the manner of making inquiry to determine the value of the estate, land or interest acquired and any other matter to be taken into consideration in determining the value under section 57; (m) the other functions of the tribunal under section 59; (n) the other powers of the Tribunal under section 60; (o) particulars to be prescribed under section 62; (p) procedure to be followed by the mamlatdar and Tribunal under section 63; (q) rules to be prescribed under section 67; (r) the value of the court-fee stamp payable on an application to the mamlatdar or Tribunal or on an application or appeal to the Collector or Saurashtra Revenue Tribunal under section 68; and. (s) any other matter which is to be or may be, prescribed under this Ordinance. (3) Rules made under this section shall be published in the Official Gazette. 74. Delegation Of Powers :- The Government may, subject to such restrictions and Conditions as it may impose, by notification in the Official Gazette,delegate to any of its officers, not below the rank of an Assistant or Deputy Collector, all or any of the powers conferred on it by this Ordinance. 75. Summary Eviction :- Any person unauthorisedly occupying or wrongfully in possession of any land, (a) the transfer of which either by the act of parties or by the operation of law is invalid under the provisions of thisordinance, (b) the management of which has been assumed under the said provisions, or (c) to the use and occupation of which he is not entitled under the said provisions and the said provisions do not provide for the eviction of such persons, may be summarily evicted by the Collector. 76. Bar Of Jurisdiction :- (1). No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Ordinance required to be settled, decided or dealt with by the mamlatdar or Tribunal, a manager, the Collector or the Saurashtra Revenue Tribunal in appeal or revision or the Government in exercise of their powers of control. (2) No order of the mamlatdar, the Tribunal, the Collector or the Saurashtra Revenue Tribunal or the Government made under this Ordinance shall be questioned in any civil or criminal court. Explanation. -- For the purpose of this section, a civil court shall include a Mamlatdars Court constituted under the Saurashtra Mamlatdars Court Ordinance, 1948. 77. Control :- In all matters connected with this Ordinance, the Government shall have the same authority and control over the mamlatdars and the Collectors acting under this Ordinance as they have and exercise over them in the general and revenue administration. 78. Indemnity :- No suit or legal proceeding shall lie against any person in respect of a thing which is in good faith done or intended to be done under this Ordinance. 79. Ordinance Not To Apply To Certain Lands And Areas :- (1 ) Nothing in the foregoing provisions of this Ordinance shall apply:- (a) to lands held on lease from the Government, a local authority or a co-operative society; (b) to lands held on lease for the benefit of an industrial or commercial undertaking ; 1 [(c) (d) to any area which the Government may, from time to time, by notification in the Official Gazette, specify as being reserved for urban non-agricultural or industrial development. (2) Notwithstanding anything contained in sub-section (1) the Government may, by notification published in the Official Gazette, direct that any particular land or class of lands in any area shall not be exempt from all or any of the provisions of this Ordinance. 1. Clause (c) was omitted by Guj. 17 of 1976, s. 2. 80. Repeal :- (1) The Ordinance specified in 1 [Schedule II] are hereby repealed. (2) But nothing in this Ordinance or any repeal effected thereby shall, save as expressly provided in this Ordinance, affect or be deemed to affect-- (a) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of thisOrdinance, or (b) any legal proceedings or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this Ordinance, and any such proceeding shall be continued and disposed of as if this Ordinance was not passed. ( 3 ) Notwithstanding anything contained in sub-section (2), all proceedings for the recovery or restoration of the possession of the land under the Ordinance so repealed pending at the date of commencement of this Ordinance before the mamlatdar or in appeal before the Collector, shall, notwithstanding anything contained in this section, be deemed to have been instituted and pending before the mamlatdar or in appeal before the Collector, as the case may be, under this Ordinance andshall be disposed of in accordance with the provisions of this Ordinance. (4) Any appointment, notification, order, rule or form made or issued under the Ordinances so repealed, shall continue to be in force and be deemed to have been made or issued under the provisions of this Ordinance, in so far as such appointment, notification, notice, order, rule or form is not inconsistert with the provisions of this Ordinance or rules made thereunder, andshall continue to be in force unless and until it is superseded by any appointment, notification, notice, order, rule or form made or issued under this Ordinance. 1. These words were substituted for the words "the Schedule" by Saurashtra Act No. XXX of 1950. SCHEDULE 1 Schedule I Crop Share I--Name of the crop and extent of share. 1 2 3 Millet Ground-nut Wheat Jowar Seasamum Summer Jowar Adad Kapas Summer Millet Mug Kala Summer Mug Math 1/4 Winter Jowar 1/4 Rajka Seed 1/5 Kalthi Bavto Dangar Kang Kodara Kang Kodara Banti Garlic (Green) Tali Gram 1. This Schedule was inserted by Saurashtra Act No. XXX of 1950. SCHEDULE 2 THE SCHEDULE II Ordinances repealed (See section 80). Year No. Short title. 1948 XXII The Saurashtra Protection of TenantsOrdinance1948, 1948 XXVI The Saurashtra Zamindars an d Tenants Settlement of Rent Disputes Ordinance, 1948. 1948 XXXVI The Saurashtra Protection of Tenants (Amendment) Ordinance, 1948. 1949 XXVIII The Saurashtra Postponement of Eviction Ordinance, 1949. 1. This was numbered as Schedule II, Saurashtra Act No. XXX of 1950.