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Section 10: Appeals

The Kerala Public Buildings (Eviction of unauthorised Occupants) Act 1968State Act of Kerala · Act 25 of 1968

(1) An appeal shall lie from any order of the estate officer made in respect of any public building under section 5 or section 8 to the Collector of the District in which the public building is situate.

(2) An appeal under sub-section (1) shall be preferred,—

(a) in the case of an appeal from an order under section 5, within fifteen days from the date of publication of the order under sub-section (1) of that section;

and

(b) in the case of an appeal from any order under section 8, within fifteen days from the date on which the order is communicated to the appellant;

(3) Where an appeal is preferred from an order of the estate officer, the District Collector may stay the enforcement of that order for such period and on such conditions as he deems fit.

(4) Every appeal under this section shall be disposed of by the District Collector as expeditiously as possible.

(5) The costs of any appeal under this section shall be in the discretion of the District Collector.

(6) The appellate authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit, 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 document;

(c) any other matter which may be prescribed.

Where this provision sits

ActThe Kerala Public Buildings (Eviction of unauthorised Occupants) Act 1968
Section10
Marginal noteAppeals
JurisdictionState of Kerala
StatusIn force as published by the source

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