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Section 13AA

The Haryana Village Common Lands (Regulation) Act,1961State Act of Haryana · Act 18 of 1961

(1) Any person, aggrieved by an order passed under sub-section (1) of section 13A, may within a period of thirty days form the date of such order, prefer an appeal to the Commissioner in such form and manner, as may be prescribed, and the Commissioner may after hearing the appeal, confirm, vary or reverse the order as he deems fit.

(2) The Financial Commissioner may, suo motu or on an application made to him by any person aggrieved by an order passed under sub-section (1), call for the record of any proceedings pending before, or order passed by the Commissioner for the purpose of satisfying himself as to the legality or propriety of the proceedings or order and pass such order in relation thereto as he may deem fit :

Provided that no order adversely affecting any person shall be passed unless he has been afforded an opportunity of being heard.]

2[13B.(1) Any person aggrieved by an order of the Assistant Collector of the first grade may, within a period of thirty days from the date of order passed under sub- 1 Inserted by Haryana Act 34 of 1974 and further Omitted by Haryana Act 2 of 1981 and shall be deemed to have been omitted w.e.f. the 12th day of November, 1974 and the new sections inserted by Haryana Act 2 of 1981 and shall be deemed to have been inserted w.e.f. the 4th day of May, 1961 and further omitted by Haryana Act 9 of 1992 and further inserted by Haryana Act 9 of 1999.

2 Substituted by Haryana Act 9 of 1992.

Adjudication.

Appeal and Revision.

Appeal and Revision 15 section (1) or sub-section (2) of section 7 prefer an appeal to the Collector in such form and manner, as may be prescribed, and the Collector may after hearing the appeal, confirm, vary or reverse the order as he deems fit :

Provided that no such appeal shall lie unless the amount of penalty, if any, imposed under sub-section (2) of section 7, is deposited with the Collector.]

(2) The Commissioner may, suo motu 1[or on application made to him by any person aggrieved by an order passed under the proviso to sub-section (1) of section 7 at any time] call for the record of any proceedings pending before, or order passed by, any authority subordinate to him for the purpose of satisfying himself as to the legality or propriety of the proceedings or order and pass such order in relation thereto as he may deem fit :

Provided that no order adversely affecting any person shall be passed unless he has been afforded an opportunity of being heard.

13C. Save as otherwise expressly provided in this Act, every order made by the Assistant Collector of the first grade, the Collector or the Commissioner shall be final and shall not be called in question in any manner in any court.

13D. The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any law, agreement, instrument, custom, usage, decree or order of any court or other authority.]

2[13-E. Every officer or employee acting under the provisions of this Act or the rules made thereunder shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code.]

14. No suit, prosecution or other legal proceedings shall lie against the State Government or any person or authority for anything done or intended to be done in good faith in pursuance of the provisions of this Act.

3[14A. Nothing contained in this Act or the shamilat law shall—

(a) affect or shall be deemed ever to have affected any right of the State Government in the land vested or deemed to be vested in a panchayat under this Act; or

(b) entitle or shall be deemed ever to have entitled a panchayat or any other authority under this Act or the shamilat law to exercise any right or to do any act in respect of any land in the hilly area vested or deemed to be vested in the panchayat whether such land has or has not been declared as a protected forest under section 29 of the Indian Forest Act, 1927, in contravention of the provisions of that Act or the rules made there under.]

Where this provision sits

ActThe Haryana Village Common Lands (Regulation) Act,1961
Section13AA
JurisdictionState of Haryana
StatusIn force as published by the source

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