Control.

§45

Summary

(1) In all matters connected with this Act, the State Government shall have the same authority and control over the officers authorised under section 27, the Collectors and the Commissioners acting under this Act, as they do in the general and revenue administration. 1[(2) The State Government may, suo motu or on an application made to it by the aggrieved person, at any time, call for the record of any inquiry or proceedings under sections 17 to 21 (both inclusive) 2* * * for the purpose of satisfying itself as to the legality or propriety of any inquiry or proceedings (or any part thereof) under those sections 3 * * * and may pass such order thereon as it deems fit, after giving the party a reasonable opportunity of being heard] : Provided that, nothing in this sub-section shall entitle the State Government to call for the record of any inquiry or proceedings of a declaration or part thereof under section 21 in relation to any land, unless an appeal against any such declaration or part thereof has not been filed within the period provided for it 4* * * * and a period of three years from the date of such declaration or part thereof has not elapsed. 5[Provided further that, no order shall be passed under this section so as to affect any land which is already declared surplus and distributed according to the provisions of this Act : Provided also that the revisional jurisdiction under this section shall be exercised only where it is alleged that the land declared surplus is less than the actual land which could be declared surplus.] (3) The State Government may, subject to such restrictions and conditions as it may impose by notification in the Official Gazette, delegate to the Commission the power conferred on it by sub-section (2) 6[of this section or under any other provisions of this Act except the power to make rules under section 46 or to make an order under section 49].

(1) In all matters connected with this Act, the State Government shall have the same authority and control over the officers authorised under section 27, the Collectors and the Commissioners acting under this Act, as they do in the general and revenue administration. 1[(2) The State Government may, suo motu or on an application made to it by the aggrieved person, at any time, call for the record of any inquiry or proceedings under sections 17 to 21 (both inclusive) 2* * * for the purpose of satisfying itself as to the legality or propriety of any inquiry or proceedings (or any part thereof) under those sections 3 * * * and may pass such order thereon as it deems fit, after giving the party a reasonable opportunity of being heard] : Provided that, nothing in this sub-section shall entitle the State Government to call for the record of any inquiry or proceedings of a declaration or part thereof under section 21 in relation to any land, unless an appeal against any such declaration or part thereof has not been filed within the period provided for it 4* * * * and a period of three years from the date of such declaration or part thereof has not elapsed. 5[Provided further that, no order shall be passed under this section so as to affect any land which is already declared surplus and distributed according to the provisions of this Act : Provided also that the revisional jurisdiction under this section shall be exercised only where it is alleged that the land declared surplus is less than the actual land which could be declared surplus.] (3) The State Government may, subject to such restrictions and conditions as it may impose by notification in the Official Gazette, delegate to the Commission the power conferred on it by sub-section (2) 6[of this section or under any other provisions of this Act except the power to make rules under section 46 or to make an order under section 49].

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