Section 5 in Gujarat Surviving Alienations Abolition Act, 1963
5. Power of Collector to decide certain question and appeal.- (1) If any question arises-
(i)whether any land or cash allowance or allowance in kind is held under an alienation and, if so, the category thereof,(ii)whether any alienation in respect of any village, portion of a village or land consists of-(a)merely a total or partial exemption from payment of land revenue thereof, or(b)a grant of soil, with or without exemption from payment of land revenue or(c)a right only to land revenue thereof or a share in such land revenue,(iii)whether any alienation is or is not a Devasthan inam or inam held by a religious or charitable institution within the meaning of sub-section (2) of section 4, or(iv)whether any person is an authorised holder, inferior holder or jiwaidar,(v)in the case of a person holding land from an alienee or jiwaidar, whether any payment made by the person to the alienee or, as the case may be, jiwaidar was by way of assessment of the land so held,the Collector shall after giving an opportunity to the parties to be heard and holding an inquiry decide the question.(2)Any person aggrieved by the decision of the Collector may file an appeal to the State Government within ninety days from the date of such decision.(3)Where from a decision of the Collector no appeal is filed under sub-section (2), the State Government may, after the expiry of the period for appeal but not later than one year from the date of the decision, call for the record of the proceeding on the Collector 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 Collector, subject to an appeal under sub-section (2) or revision under sub-section (3), and the decision of the State Government under sub-section (2) or under sub-section (3), as the case may be, 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 Indian Limitation Act, 1908 (IX of 1908) shall apply to the filing of an appeal under sub-section (2).
