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Section 30: Appeal, review and revision

Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006Union territory Act of Ladakh · Act 6 of 2006

(1) Any person aggrieved by an order made under section 8, section 14, [section 25 or section 29-A] may prefer an appeal-

(a) to the Custodian, where the original order has been passed by a Deputy or an Assistant Custodian;

(b) to [the Custodian General], where the original [or appellate] order has been passed by the Custodian, an Additional Custodian or an authorised Deputy Custodian;

[(c) to the High Court, against the order of the Custodian General :

Provided that no appeal shall lie to the High Court against concurrent finding of the Custodian and the Custodian General.]

(2) The appeal shall be presented in such manner and within such time as may be prescribed.

(3) The Custodian to whom the appeal is preferred under clause (a) of sub-section (1), may dispose of it himself, or may make it over for disposal to an Additional Custodian or to a Deputy Custodian authorised by the Custodian in writing in this behalf (in this section referred to as the authorised Deputy Custodian) :

Provided that no appeal from an order of a Deputy Custodian shall be made over for disposal to the authorised Deputy Custodian.

(4) [The [Custodian General] or the Custodian] may, at any time, either on his own motion or on application made to him in this behalf, call for the record of any proceeding under this Act which is pending before, or has been disposed of, by an officer subordinate to him, for the purpose of satisfying himself as to the legality or propriety of any order passed in the said proceeding and may pass such order in relation thereto as he thinks fit :

Provided that [[the Custodian General] or the Custodian] shall not under this sub-section pass an order revising or modifying any order affecting any person without giving such person [a reasonable] opportunity of being heard:

[Provided further that the custodian General shall not call for the record of any proceeding in which Custodian has with his previous approval under section 10 or section 25, passed an order.]

(5) The [Custodian General], Custodian, Additional Custodian or authorised Deputy Custodian, but not a Deputy or an Assistant Custodian, may, after giving notice to the parties concerned, review his own order.

(6) Subject to the foregoing provisions of this section, any order made by the [Custodian General], Custodian Additional Custodian, authorised Deputy Custodian, Deputy Custodian or Assistant Custodian shall be final and shall not be called in question in any Court by way of appeal or revision or in any original suit, application or execution proceeding.

[30A. Powers of revision of the Minister Incharge. - The Minister Incharge of the Evacuee's Property Department may at any time, either on his own motion or an application made to him in this behalf, call for the record of any proceeding in which any Custodian or Custodian General has passed an order under the provisions of this Act for the purpose of satisfying himself as to the legality or propriety of any such order and may pass such order in relation thereto as he thinks fit :

Provided that the Minister Incharge shall not pass an order under this section, prejudicial to any person, without giving him an opportunity of being heard.]

Where this provision sits

ActJammu and Kashmir State Evacuees' (Administration of Property) Act, 2006
Section30
Marginal noteAppeal, review and revision
JurisdictionUnion territory of Ladakh
StatusIn force as published by the source

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