THE STATE ACQUISITION AND TENANCY ACT, 1950 (EAST BENGAL ACT), PART V, CHAPTER XVIII

CHAPTER XVIII

JURISDICTION, APPEAL, REVISION AND REVIEW

Superintendence and control over Revenue-officers75[146. (1) The general superintendence and control over all Revenue-officers shall be vested in and all such officers shall be subordinate to, the 76[Board of Land Administration].

77[(2) Subject to the provisions of sub-section (1), a Commissioner of a division shall exercise control over all other Revenue-officer in his Division.

(3) Subject as aforesaid and to the control of the Commissioner of the division, a Collector shall exercise control over all other Revenue-officers in his district.]

Appeals147. Subject to any special provisions for appeal made in this Part or in any rules made under this Act, an appeal shall lie from every original or appellate order made under any of the provisions of this Part by a Revenue-officer as follows, namely:-

(a) to the Collector, when the order is made by a Revenue-officer subordinate to the Collector;

78[(aa) to the Commissioner of the division, when the order is made by the Collector of a district within the division; and]

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80[(c) to the 81[Board of Land Administration], when the order is made by the 82[Commissioner of a division].

Limitation for appeals148. The period of limitation for an appeal under section 147 shall run from the date of the order appealed against and shall be as follows, that is to say-

(a) when the appeal lies to the Collector ………………………… thirty days.

83[(b) when the appeal lies to the Commissioner of a division ………… sixty days.

(bb) when the appeal lies to the 84[Board of Land Administration] …………………… ninety days].

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Revision149. (1) Subject to any special provision for revision made in this Part, the Collector may of his own motion within one month of the date of any order passed under this Part by a Revenue-officer subordinate to him or on application made in that behalf within one month of the date of such order, revise such order.

86[(1a) The Commissioner of a division may, of his own motion, within three months of the date of any order passed under this Part by the Collector of a district within the division or on an application made in that behalf within three months of the date of such order, revise such order.]

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88[(3) The 89[Board of Land Administration] may, of its own motion, within six months of the date of any order passed under this Part by the Commissioner of a division or on an application made in that behalf within six months of the date of such order, revise such order.]

90[(4) The 91[Board of Land Administration] may at any time order the correction of any entry in a record-of-rights maintained under this Part or in a settlement rent-roll prepared and finally published under this Part which, it is satisfied, has been made owing to a bona fide mistake:

Provided that an order shall not be revised under this section if an appeal has been preferred against such order:

Provided further that no order for correction shall be made under sub-section (4) until reasonable notice has been given to the parties concerned to appeal and be heard in the matter.]

Review by Revenue-officer150. (1) A Revenue-officer may, on application made in that behalf by any party interested or of his own motion review any order passed by himself or by any of his predecessors in office under this Part, and in so reviewing any order, may modify, reverse or confirm any such order:

Provided that-

(a) an application for review of an order shall not be entertained unless it is made within thirty days from the date of such order or, when such application is presented after the expiry of the said period of thirty days, unless the applicant satisfies the Revenue-officer that he had sufficient cause for not making the application within the said period;

(b) an order shall not be reviewed if an appeal has been preferred against such order or an application for revision of such order has been made to the superior Revenue Authority; and

(c) an order shall not be modified or reversed on a review unit reasonable notice has been given to the parties concerned to appear and be heard in the matter.

(2) No appeal shall lie from an order rejecting an application for review or confirming on a review any previous order.

Computation of the period of limitation for appeals, applications for revision and review under this Act151. (1) Sections 6, 7, 8 and 9 and sub-section (2) of section 29 of the Limitation Act, 1908, shall not and, subject to the provisions of Part V of this Act, the remaining provisions of the former Act, shall, so far as applicable, apply to all suits, appeals and applications arising under the said Part.

(2) All suits, appeals and applications referred to in Part V shall be instituted and made within the time prescribed therefore; and every such suit instituted, appeal preferred, and application made, after the prescribed period of limitation shall be dismissed, although limitation has not been pleaded.