Power of State Government or authorised officer to decide certain questions relating to inams and appeals.

§2A

Summary

1[2A. Power of State Government or authorised officer to decide certain questions relating to inams and appeals.- (1) If any question arises,- (i) whether any land is an inam, (ii) whether any inam is held with or without conditions of service and whether or not coupled with the remission of the whole or part of the land revenue, (iii) whether any inam is a community service inam or watan, (iv) whether a commutation settlement in respect of any watan has or has not been effected, (v) whether any land held as inam is or is not alienable without the permission of the competent authority, or (vi) whether any person is a kabiz-e-kadim, permanent tenant or tenant, the State Government or an officer authorised by that Government shall decide the question. 2[(2) (i) Where any question is decided by an officer so authorised by the State Government, any person aggrieved by such decision may file an appeal to the Collector within a period of ninety days from the date of such decision. (ii) An appeal shall lie to the Divisional Commissioner from any decision of the Collector under clause (i) within a period of sixty days from the date of such decision.] (3) Where from a decision of such officer 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 such decision, call for the record of the proceedings of such officer for the purpose of satisfying itself as to the legality, propriety or regularity of such proceedings or decision and may pass such order thereon as it thinks fit. 3[Provided that, where in exceptional cases, upon complaints regarding legality of decision of officer under sub-section (1), the State Government is satisfied that it is necessary to examine the legality, propriety or regularity of such orders even after expiry of the period of one year, the State Government or the Divisional Commissioner authorised by it, may exercise such powers after expiry of the said period.] (4) The decision of the State Government under sub-section (1), 4[* * *], or under sub-section (3) and subject thereto the decision of the officer, shall be final.]

1[2A. Power of State Government or authorised officer to decide certain questions relating to inams and appeals.- (1) If any question arises,- (i) whether any land is an inam, (ii) whether any inam is held with or without conditions of service and whether or not coupled with the remission of the whole or part of the land revenue, (iii) whether any inam is a community service inam or watan, (iv) whether a commutation settlement in respect of any watan has or has not been effected, (v) whether any land held as inam is or is not alienable without the permission of the competent authority, or (vi) whether any person is a kabiz-e-kadim, permanent tenant or tenant, the State Government or an officer authorised by that Government shall decide the question. 2[(2) (i) Where any question is decided by an officer so authorised by the State Government, any person aggrieved by such decision may file an appeal to the Collector within a period of ninety days from the date of such decision. (ii) An appeal shall lie to the Divisional Commissioner from any decision of the Collector under clause (i) within a period of sixty days from the date of such decision.] (3) Where from a decision of such officer 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 such decision, call for the record of the proceedings of such officer for the purpose of satisfying itself as to the legality, propriety or regularity of such proceedings or decision and may pass such order thereon as it thinks fit. 3[Provided that, where in exceptional cases, upon complaints regarding legality of decision of officer under sub-section (1), the State Government is satisfied that it is necessary to examine the legality, propriety or regularity of such orders even after expiry of the period of one year, the State Government or the Divisional Commissioner authorised by it, may exercise such powers after expiry of the said period.] (4) The decision of the State Government under sub-section (1), 4[* * *], or under sub-section (3) and subject thereto the decision of the officer, shall be final.]

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