2[(1) An appeal shall lie from every order of the Estate Officer made under Section 4-A, Section 5 or Section 7- 3[(i) in respect of any public premises situated within Cuttack and Bhubaneswar 4[Municipalities] and owned by the General Administration Department of the Government to an appellate authority who shall be the Director of Estates or such other officer including the Additional Director of Estates as the Government may by notification specify in this behalf; and]
(ii) in respect of any other public premises to the Collector within whose
1. Substituted vide Orissa Act 2 of 1983
2. Substituted vide Orissa Act 12 of 1989
3. Substituted vide Orissa Act 14 of 2001
4. Substituted vide Orissa Act 1 of 2011 6 jurisdiction such premises are situate.
(1-A) All appeals filed under this section and pending before the Revenue Divisional Commissioner prior to the date of commencement of the Orissa Public Premises (Eviction of Un-authorised Occupants) Amendment Act, 1989 shall, on the date of such commencement, stand transferred to the Director of Estates Orissa or as the case may be, the Collector within whose jurisdiction such premises are situate and shall be disposed of by him in accordance with the provisions contained in this section.
Provided that an appeal against the orders of the Director of Estates passed in the capacity of an Estate Officer under this Act which is so pending before a Revenue Divisional Commissioner shall be disposed of by such Revenue Divisional Commissioner.]
(2) An appeal under Sub-section (1) shall be preferred-
(a) in the case of any appeal from the order under Section 5, within 1[twelve days] from the date of publication of the order under Sub- Section (1) of that section; and
(b) in the case of in appeal from an order 1[under Section 4-A or Section 7] within 1[twelve days] from the date on which the order is communicated to the appellant.
Provided that the appellate authority may entertain the appeal after the expiry of the said period of 1[twelve days] if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
[Transitory provision - All appeals filed under Section 9 of the Principal Act and pending in the Court of a District Judge on the date of commencement of this Act shall stand transferred to the Revenue Divisional Commissioner within whose jurisdiction the concerned premises are situate and shall be disposed of by him in accordance with the provisions contained in that Section.]
(3) Where an appeal is preferred from an order of the Estate Officer, the appellate authority may stay the enforcement of that order for such period and on such conditions as it deems fit.
(4) Every appeal under this section shall be disposed of by the appellate authority as expeditiously as possible.