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State of Gujarat - Section

Section 4 in Gujarat Devasthan Inams Abolition Act, 1969

4. Power to decide certain questions and appeal and revision.

(1)If any question arises -
(a)whether any village, portion of a village or land, is held under a Devasthan inam, or.
(b)whether any Devasthan inam consists of -
(i)merely a total or partial exemption from payment of land revenue, or
(ii)a grant of soil, with or without exemption from payment of land revenue, or
(iii)assignment of land revenue of a village, portion of village or land or a share in such land revenue, or
(c)whether any person is an inamdar, authorised holder, unauthorised holder or inferior holder.
the State Government shall after giving an opportunity to the parties to be heard and holding a formal inquiry decide the question:Provided that the State Government may authorise any officer (hereinafter in this section referred to as "the authorised officer") to decide in the like manner questions arising under clause (a), (b) or (c).
(2)Any person aggrieved by the decision of the authorised officer under the proviso to subsection (1) may file an appeal to the State Government within sixty days from the date of such decision.
(3)Where from a decision of the authorised officer no appeal is filed under sub-section (2), the State Government may, after the expiry of the period for riling an appeal mentioned in sub-section (2), but not later than one year from the date of the decision, call for the record of the proceedings of the authorised officer for the purpose of satisfying itself as to the legality, propriety or regularity of such proceeding or decision and may pass such order thereon as it thinks fit.
(4)The decision of the authorised officer, subject to an appeal under sub-section (2) or revision under sub-section (3) and the decision of the State Government under sub-section (4) or sub-section (2) or, as the case may be, sub-section (3) shall be final and conclusive and shall not be questioned in any suit or proceeding in any court.
(5)The provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963 shall apply to the filing of an appeal under sub-section (2).