Appeals.

§107

Summary

(1) An appeal against the order of the Tahsildar or Tribunal may be filed to the Collector in the following cases:- 1[(a-i) order under section 6,] (a) an order under section 7, (b) an order under section 8 or 10, (c) an order under section 12, (d) an order under section 13, (e) an order under section 14, (f) an order under section 15, (g) an order under section 18, (h) an order under section 20, (i) an order under section 21, (j) an order under section 23, (k) an order under section 25, (l) an order under section 26, (m) an order under section 28, (n) an order under section 30, (o) an order under section 36, (p) an order under 2[section 38, 39 or 39A], (q) an order under section 40, (r) an order under section 43 3[48, 4[49A or 49B]], (s) an order under section 44 or 45, (t) an order under section 51, (u) an order under section 52, (v) an order under section 55, (w) an order made pursuant to a notification issued under sub-section (3) of section 58 or an order under section 59, (x) an order under section 61, (y) an order under section 91, 5[(ya) an order under section 121], 6[* * *] (za) an order under section 122, and (zb) an order under section 125. Provided that where an order has been passed by a Sub-Divisional Officer exercising powers of a Tahsildar under a notification issued under sub-section (30) of section 2, an appeal against such order shall lie to the Collector in charge of the District. (2) every petition for an appeal under sub-section (1) shall be in the prescribed form and shall be accompanied by a certified copy of the order to which objection is made unless the production of such copy is dispensed with. (3) On the filing of an appeal under sub-section (1), the Collector may either admit it or, after calling for the record and giving the appellant an opportunity to be heard, may summarily reject it: Provided that the Collector shall not be bound to call for the record where the appeal is time-barred or does not lie. (4) If the appeal is admitted, a date shall be fixed for hearing and notice thereof shall be served on the respondent in the prescribed manner. (5) After hearing the parties, if they appear, the Collector may confirm, vary or reverse the order appealed against or may direct such further investigation to be made, or such additional evidence to be taken, as he may think necessary; or may himself take such additional evidence or may remand the case for disposal with such directions as he may think fit. The Collector shall also have power to award costs. (6) The Collector may, pending decision of the appeal, direct the execution of the order appealed against to be stayed for such time as he may think fit and subject to compliance with such conditions (including a condition of furnishing security) as he may think fit to impose. (7) The Collector may set aside or modify any direction made under sub-section (6).

(1) An appeal against the order of the Tahsildar or Tribunal may be filed to the Collector in the following cases:- 1[(a-i) order under section 6,] (a) an order under section 7, (b) an order under section 8 or 10, (c) an order under section 12, (d) an order under section 13, (e) an order under section 14, (f) an order under section 15, (g) an order under section 18, (h) an order under section 20, (i) an order under section 21, (j) an order under section 23, (k) an order under section 25, (l) an order under section 26, (m) an order under section 28, (n) an order under section 30, (o) an order under section 36, (p) an order under 2[section 38, 39 or 39A], (q) an order under section 40, (r) an order under section 43 3[48, 4[49A or 49B]], (s) an order under section 44 or 45, (t) an order under section 51, (u) an order under section 52, (v) an order under section 55, (w) an order made pursuant to a notification issued under sub-section (3) of section 58 or an order under section 59, (x) an order under section 61, (y) an order under section 91, 5[(ya) an order under section 121], 6[* * *] (za) an order under section 122, and (zb) an order under section 125. Provided that where an order has been passed by a Sub-Divisional Officer exercising powers of a Tahsildar under a notification issued under sub-section (30) of section 2, an appeal against such order shall lie to the Collector in charge of the District. (2) every petition for an appeal under sub-section (1) shall be in the prescribed form and shall be accompanied by a certified copy of the order to which objection is made unless the production of such copy is dispensed with. (3) On the filing of an appeal under sub-section (1), the Collector may either admit it or, after calling for the record and giving the appellant an opportunity to be heard, may summarily reject it: Provided that the Collector shall not be bound to call for the record where the appeal is time-barred or does not lie. (4) If the appeal is admitted, a date shall be fixed for hearing and notice thereof shall be served on the respondent in the prescribed manner. (5) After hearing the parties, if they appear, the Collector may confirm, vary or reverse the order appealed against or may direct such further investigation to be made, or such additional evidence to be taken, as he may think necessary; or may himself take such additional evidence or may remand the case for disposal with such directions as he may think fit. The Collector shall also have power to award costs. (6) The Collector may, pending decision of the appeal, direct the execution of the order appealed against to be stayed for such time as he may think fit and subject to compliance with such conditions (including a condition of furnishing security) as he may think fit to impose. (7) The Collector may set aside or modify any direction made under sub-section (6).

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