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Section 31 – The Administration of Evacuee Property (Central) Rules,1950

The Administration of Evacuee Property (Central) Rules,1950

 

 

31. Appeals, Review and Revisions.

 

(1) All appeals under the Act shall, when they lie to 1[* * *] the Custodian be filed within thirty days of the date the order appealed against and when they lie to 2[* * *] the Custodian-General, within sixty days of such date.

 

(2) The petition of appeal shall be presented in person or through a legal practitioner or a recognised agent when the appeal lies to 2[* * *] the Custodian-General. Where an appeal lies to the Custodian-General the petition of appeal may be sent by registered post.

 

(3) Every petition shall state succinctly the grounds on which the order appealed from is attacked and shall be accompanied by a copy of such order unless the appellate authority dispenses with such copy.

 

(4) Except as otherwise expressly provided in the Act or in these Rules, the procedure laid down in Order XLI of the Code of Civil Procedure, 1908, shall, so far as applicable, apply to the hearing and disposal of appeal under the Act.

 

3[(5) Any petition for revision when made to the Custodian-General shall ordinarily be made within sixty days of the date of the order sought to be revised. The petition shall be presented in person or through a legal practitioner or a recognized agent or may be sent by registered post. The petition shall be accompanied by a copy of the order sought to be revised and also by a copy of the original order unless the Revising Authority dispenses with the production of any such copy.]

 

4[(6) * * * *]

 

(7) 5[In computing the period of limitation provided in this rule,-

 

(a) The provisions of Sec, 6[4] and 12 of the Indian Limitation Act, 1908 (XI of 1908)7, shall, so far as they are applicable, apply to all petitions of appeal or revision;

 

(b) The provisions of Sec. 5 of the said Act shall, so far as they are applicable, apply to all petitions of appeal or revision, and shall be deemed to have applied to all such petitions made during the period commencing on the 5th day of June, 1956 and ending on the 29th day of September, 1956:

 

Provided that where in respect of any appeal or revision-application made to the Custodian or any officer subordinate to him any question arises whether the provisions of Sec. 5 of the said Act should be applied, the question shall be referred to the Custodian-General whose decision thereon shall be final.

 

(7-A) Where any petition of appeal or revision has been dismissed by any authority during the period specified in Cl. (b) of sub-rule (7) on the ground only that such petition was barred by limitation and that time could not be extended because Sec. 5 of the Indian Limitation Act, 19087, was not applicable the petitioner may, not later than the 29th day of November, 1956 apply to the Custodian-General for restoration of the petition of appeal or revision, as the case may be, and the Custodian-General, if satisfied that the petitioner had sufficient cause for not filing the petition within time, may set aside the order dismissing the petition and thereupon such petition shall, subject to the other provisions of these rules, be heard on merits by the Custodian-General or if the Custodian-General so directs, by the authority which would have been competent to hear it, if the petition had not been dismissed on the ground aforesaid.]

 

(8) A notice of any appeal, revision 8[* *] may be given, in addition to the person concerned, to any other person who, in the opinion of the authority hearing the appeal, the revision 8[***] may be interested in the same.

 

(9) Any authority hearing any appeal or an application for revision may admit additional evidence before its final disposal or may remand the case for admission of additional evidence and report or for a fresh decision, as such authority may deem fit.

 

1. The words “the District Judge nominated in this behalf or” omitted by Notification No. S.R.O. 667. dated the 20th February, 1957.

 

2. Omitted by ibid.

 

3. Subs. by ibid.

 

4. Omitted by ibid.

 

5. Subs. by Notification No. S.R.O. 2183, dated 20th September, 1956.

 

6. The figure “5”oniitted by Notification No. S.R.O. 1385, dated 5th,Ji-ine, 1956.`

 

7. See now the Limitation Act, 1963.

 

8. The words “or review” omitted by Notification No. S.R.O. 667, dated 20th February, 1954.

 

 

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The Administration of Evacuee Property (Central) Rules,1950

 

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