(1) An appeal shall lie to the Administrator or to any person authorised by him in this behalf, against every order passed by the Collector other than an order passed by him in appeal under this Regulution.
(2) Every appeal under sub-section (1) shall be filed within such period as may be prescribed and shall be accompanied by a certified copy of the order appealed against.
(3) The Administrator or the person so authorised, as the case may be, shall, after giving the appellant an opportunity to represent his case and after making such enquiry, as he may deem fit, confirm, vary or reverse the order.
46. The Administrator or any person authorised by him in this behalf may call for the records of any case, in which an order has been passed by the Collector and wherefrom no appeal has been filed under section 45, suo motu or on an application made within the prescribed period, and the Administrator or the person so authorised may pass such orders thereon as he may deem fit:
Provided that no order shall be passed adversely affecting any person unless an opportunity to represent his case has been given to that person.
47. No suit or other proceeding shall lie or be instituted in any civil court with respect to any matter arising under or provided for by this Regulation:
Provided that if in a dispute between the parties a question of title IF involved, a civil suit may be brought for the adjudication of such question.
48. The prescribed authority shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely: —
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copy thereof from any court or office;
(c) issuing commissions for the examination of witnesses or documents;
(f) any other matter which may be prescribed.
49. Any amount due to the Government under this Regulation, if not paid as nrovided therein, shall be recoverable as an arrear of land revenue, Appeal to \dministra- :nr Revision.
Jurisdiction of civil courts excluded.
Powers of prescribed authority.
Recovery of amounts due B8 an arrcar of land revenue, 492 THE GAZETTE OF INDIA EXTRAORDINARY [PART l i - ft gsessment for the purpose of calculating compensation and occupancy price.
Regulation to override other laws.
Court fees.
General provision as to penaltiis.
Protection of action taken in good faith.
Power to remove difficulties.
Power to make rules,
50. Any reference in this Regulation to the annual land revenue >f assessment payable in respect of any land shall, in relation to the determination of compensation or occupancy price in respect of that land, be construed as a reference to the land revenue assessed under the Land Revenue Regulation in respect of that land and in force on the vesting date or on the date of restoration referred to in clause (ii) of subsection (5) of section 4 or on the date on which the lands in excess of the celling area vest in the Government or the date on which the surplus lands are allotted under section 27 or on the date on which the tenant is deemed to be the occupant of the land under section 42, as the case may be.
51. The provisions of this Regulation shall have effect notwithstanding anything to the contrary contained in any other law, custom, or usage or agreement or decree or order of Court.
52. Notwithstanding anything contained in the Court Fees Act, 1870, every application, appeal or other proceeding under this Regulation shall bear a court fee stamp of such value as may be prescribed.
53. Whoever contravenes any provision of this Regulation for which no penalty has been otherwise provided for therein shall be punishable with fine which may extend to five hundred rupees.
54. No suit, prosecution or other legal proceeding shall lie—
(a) against any officer of the Government for anything in good faith done or intended to be done under this Regulation;
(b) against the Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by anything in good faith done or intended to be done under this Regulation.
55. If any difficulty arises in giving effect to the provisions of this Regulation, the Administrator may, by order, do anything not inconsistent with such provisions which may appear to be necessary for the purpose of removing the difficulty:
Provided that no such power shall be exercised after the expiry of a period of two years from the date of publication of this Regulation.