Powers of Collector of inquiries under sub-section (3A) of section 36. Provision as respect revision and execution of orders.

§106A

Summary

1[106A. Powers of Collector of inquiries under sub-section (3A) of section 36. Provision as respect revision and execution of orders.- (1) For the purposes of an inquiry under sub-section (3A) of section 36 the Collector shall have the same powers as are vested in courts in respect of the following matters under the Code of Civil Procedure, 1908 (V of 1908), in trying a suit, namely :- (a) a proof of facts by affidavits, (b) summoning and enforcing attendance of any person and examining him on oath, and (c) compelling the production of documents. (2) The order of the Collector under sub-section (3A) of section 36 shall, subject to revision under sub-section (3), be final. (3) The State Government may, suo motu or on an application from any person interested in the land, call for the record of any such inquiry, for the purpose of satisfying itself as to the legality or propriety of the order passed by the Collector and pass such order thereon as it deems fit: Provided that no such order shall be modified, annulled or reversed, unless an opportunity has been given to the interested parties to appear and to be heard. (4) Every such order of the Collector or of the State Government in revision awarding possession of any land shall be executed in the manner provided for the execution of the orders of the Tahsildar or Tribunal under section 106.]

1[106A. Powers of Collector of inquiries under sub-section (3A) of section 36. Provision as respect revision and execution of orders.- (1) For the purposes of an inquiry under sub-section (3A) of section 36 the Collector shall have the same powers as are vested in courts in respect of the following matters under the Code of Civil Procedure, 1908 (V of 1908), in trying a suit, namely :- (a) a proof of facts by affidavits, (b) summoning and enforcing attendance of any person and examining him on oath, and (c) compelling the production of documents. (2) The order of the Collector under sub-section (3A) of section 36 shall, subject to revision under sub-section (3), be final. (3) The State Government may, suo motu or on an application from any person interested in the land, call for the record of any such inquiry, for the purpose of satisfying itself as to the legality or propriety of the order passed by the Collector and pass such order thereon as it deems fit: Provided that no such order shall be modified, annulled or reversed, unless an opportunity has been given to the interested parties to appear and to be heard. (4) Every such order of the Collector or of the State Government in revision awarding possession of any land shall be executed in the manner provided for the execution of the orders of the Tahsildar or Tribunal under section 106.]

← Previous Section Next Section →

Explore this Chapter