State Act

The Gujarat Land Revenue Code, 1879

4[84A. (1) Whenever from any cause the payment of the whole or any part of the land revenue payable to 5[the 6[State] Government] by a superior holder in respect of any land is suspended or remitted, the Collector, acting under general or special orders of 5[the 6[State] Government], may suspend or remit as the case may be, the payment to such superior holder of the rent or land revenue of such land by the inferior holder or holders to an amount which— (a) in the case of land in respect of which full assessment is payable to 5[the 6[State] Government], shall not exceed double the amount of the land revenue of which the payment by such superior holder has been suspended or remitted by 5[the 6[State] Government], and (b) in the case of land in respect of which land revenue less than the full assessment is payable to 5[the 6[State] Government], shall not exceed double the amount which, in the opinion of the Collector, would have been suspended or remitted by 5[the 6[State] Government], in favour of the superior holder if the full assessment had been payable to 5[the 6[State] Government], in respect of such land. (2) In the case of land in respect of which no land revenue is payable to 5[the 6[State] Government], by a superior holder, whenever from any cause the payment of the whole or any part of the land revenue payable to 5[the 6[State] Government], in respect of any other land in the same neighbourhood has been suspended or remitted the collector acting under the general or special orders of 5[the 6[State] Government], may suspend or remit, as the case may be, payment, to such superior holder of the rent or land revenue of the first-mentioned land by the inferior holder or holders to an amount which shall not exceed double the amount which, in the opinion of the Collector, would have been suspended or remitted by 5[the 6[State] Government] in favour of the superior holder if the full assessment had been payable to 5[the 6[State] Government] in respect of such land. (3) An order passed under sub-section (1) or under sub-section (2) shall not be questioned in any court. (4) If the superior holder collects any rent or land revenue of which the payment has been remitted, or before the expiration of the period of suspension collects any rent or land revenue of which the payment has been suspended in favour of an inferior holder or holders, the whole of the land revenue remitted or suspended in favour of such superior holder shall, without prejudice to the rights of the inferior holder or holders to recover the rent or land revenue so collected, become immediately payable by the superior holder. (5) No application for assistance under sections 86 and 87 shall be entertained, no suit shall lie, and no decree of a Civil Court shall be executed, for the recovery by a superior holder of any rent or land revenue of which the payment has been, remitted or during the period of suspension of any rent or land revenue of which the payment has been suspended in favour of an inferior holder or holders; but, where the payment of rent of land revenue by an inferior holder or holders has been suspended, the period during with the suspension has continued shall be excluded from the period of limitation prescribed for a suit for the recovery of such rent or land revenue. (6) Nothing in this section shall make it unlawful for the superior holder to take the crop-share fixed by custom or agreement in respect of any land on which rent is payable in whole or in part in the form of a share of the crop. (7) Explanation— In respect of land which has not been assessed under the provisions of 1[this Act] the terms assessment, for the purposes of this section, includes the rent in land revenue payable by custom or by the usage of the locality. 2[* * * * *]