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THE EVACUEE INTEREST (SEPARATION) ACT, 1951

Title : THE EVACUEE INTEREST (SEPARATION) ACT, 1951

Year : 1951



CHAPTER III

APPEAL, REVISION AND POWERS AND PROCEDURE OF COMPETENT OFFICERS AND APPELLATE OFFICERS


13.Power to appoint appellate officers.


13. Power to appoint appellate officers. (1) The State Government with the approval of the Central Government may, by notification in the Official Gazette, appoint as many appellate officers as may be necessary for the purpose of hearing appeals against the orders of the competent officers and an appellate officer shall have jurisdiction over such local area or areas as may be specified in the notification.

(2) No person shall be qualified to be appointed as an appellate officer under this Act unless such person--

(a) is, or has been, or is qualified for appointment as, a
Judge of a High Court ; or

(b) is, or has been, a District Judge.

52.14.Appeals.


14. Appeals. (1) Any person aggrieved by an order of the competent officer made under section 8 or section 10 may, within sixty days from the date of the order, prefer an appeal to the appellate officer in such form and manner as may be prescribed:

Provided that the appellate officer may entertain the appeal after the expiry of the said period of sixty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) The appellate officer may, after hearing the appeal, confirm, vary or reverse the order appealed from and may pass such orders as he deems fit.


15.Power of revision of the appellate officer.


15. Power of revision of the appellate officer. The appellate officer may at any time call for the record of any proceeding in which the competent officer has passed an order for the purpose of satisfying himself as to the legality or propriety of any such order and may pass such order in relation thereto as he thinks fit:

Provided that the appellate officer shall not pass an order under this section prejudicially to any person without giving him a reasonable opportunity of being heard.


16.Amendment of orders.


16. Amendment of orders. Clerical or arithmetical mistakes in orders passed by a competent officer or an appellate officer or errors arising therein from any accidental slip or omission, may, at any time, be corrected by the competent officer or the appellate officer either of his own motion or on an application received in this behalf from any of the parties.


17.Powers and procedure of competent officers and appellate officers.


17. Powers and procedure of competent officers and appellate officers. (1) A competent officer or an appellate officer shall, for the purpose of holding any inquiry or hearing any appeal under this
Act, have the same powers as are vested in a Civil Court under the
Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) issuing commissions for the examination of witnesses;

(d) any other matter which may be prescribed;

and any proceeding before the competent officer or the appellate officer shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 of the Indian Penal Code (45 of 1860), and the competent

53.officer or the appellate officer shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the Code of Criminal
Procedure, 1898 (5 of 1898).

(2) An appellate officer shall, subject to the provisions of this
Act, have such further powers as are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908), when hearing an appeal.

(3) Subject to any rules made in this behalf, the competent officer and appellate officer shall follow the same procedure as a
Civil Court does in regard to civil suits including recording of evidence and the provisions of the Code of Civil Procedure, 1908 (5 of
1908) shall, as far as may be, apply to such proceedings.


18.Finality of orders.


18. Finality of orders. Save as otherwise expressly provided in this Act, every order made by any appellate officer or competent officer shall be final and shall not be called in question in any
Court by way of an appeal or revision or in any original suit, application or execution proceedings.
Last updated on May, 2015

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