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State of Gujarat - Section

Section 16 in The Gujarat Agricultural Lands Ceiling Act, 1960

16. Tribunal to hold inquiry in respect of contravention of Section 11.

(1)If in preparing a list under Section 13, the Tribunal has reason to believe that any person, holding land in excess of ceiling area, has failed to furnish [a statement or affidavit] [These words were substituted for the words 'a statement' by Gujarat 2 of 1974, Section 16 (1).] under Section 10 or has furnished [a statement or affidavit] [These words were substituted for the words 'a statement' by Gujarat 2 of 1974, Section 16 (1).] containing incorrect particulars, the Tribunal shall serve a notice on such person to show cause why a penalty should not be imposed on him under Section 11.
(2)After serving such notice, the Tribunal shall hold an inquiry and after giving such person an opportunity to be heard, [if the Tribunal is satisfied that the person has without reasonable cause failed to furnish the statement or affidavit within time, or has submitted, a statement or an affidavit which is false or which contains incorrect particulars, the Tribunal may impose the penalty provided in Section 11 and require him to furnish a true and correct statement or affidavit complete in all particulars, within a period of one month from the date of the order] [This portion was substituted for the words 'it may pass such order as it thinks fit' by Gujarat 2 of 1974, Section 16 (2).],
(2A)[ If the person fails to comply with the order within the time so granted by the Tribunal, then as a penalty for failure to furnish statement or affidavit, or true and correct particulars complete in all respects, the right, title and interest in the land held by him in excess of the ceiling area shall, subject to the provisions of this Chapter, be forfeited to the State Government, and thereupon such surplus land shall vest in the State Government free from all encumbrances.] [Sub-section (2-A) was inserted, by Gujarat 2 of 1974, Section 16 (3).]
(3)Any sum imposed by way of penalty under this section, if not paid before such date as the Tribunal may direct, shall be recovered as an arrear of land revenue.