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Section 45

The Puducherry Land Reforms (Fixation of Ceiling on Land) Act, 1973Union territory Act of Puducherry · Act 9 of 1974

(1) Each Land Tribunal shall have such jurisdiction over such areas such as the Government may, by notification, from time to time determine.,

(2) If any question is referred by the authorised officer to the Land Tribunal for its decision under sub-section (2) of section 10, sub-clause (iv) of clause (a) of sub-section (3) of section 15 or sub-section (3) of section 25, the Land Tribunal shall decide such question in such manner as may be prescribed.

(3) In deciding any reference or appeal under this Act, every Land Tribunal shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908.) in respect of the following matters, namely: - * The Lieutenant-Governor, Puducherry has constituted one Land Tribunal each for Puducherry and Karaikal regions and appointed the Principal Sub-Judge, Puducherry and Sub-Judge, Karaikal, as such Land Tribunals, for the purpose of performing the functions under this Act. Notification No. 5020/75/c dated 25-4-1975 in gazette No.18 dt 6-5-1975.

196

(a) summoning and enforcing the attendance of witness and examining him on oath;

(b) requiring the discovery and production of any documents;

(c) requisitioning any public record or copy thereof from any court or office;

(d) receiving evidence on affidavits.

CHAPTER – IX APPEALS AND REVISION Appeal to Land Tribunal

46.+[(1) Any person aggrieved by any decision of the authorised officer under sub-section (1), or sub-section (2), of section 11 or sub-clause (iii) of clause (a) of sub-section (3) of section 15 or section 20 or section 22 or sub-section (4) of section 24 or sub-section (1), or sub-section (2) of section 25 or section 26 or clause (b) of sub-section

(3) of section 31 or clause (b) of sub-section (2) of section 68, may, within thirty days from the date of such decision, prefer an appeal to the Land Tribunal in such manner as may be prescribed.

Explanation: – In this section and in section 47, "date of decision" means the date on which the decision is communicated to the party concerned].

(2) The Land Tribunal may admit an appeal presented after the expiration of the period mentioned in sub-section (1), but not exceeding thirty days, from such period, if it is satisfied that the party concerned had sufficient cause for not presenting the appeal within the said period.

(3) on receipt of an appeal under sub-section (1), the Land Tribunal after giving the parties a reasonable opportunity of being heard, shall

(a) determine a case finally;

(b) remand a case;

(c) take additional evidence or require such evidence to be taken by the authorised officer.

+ Amended as per the Puducherry Land Reforms (Amendment) Regulation, 1977 w.e.f 28.02.77.

197 Appeal to High Court

47. Any person aggrieved by a decision of the Land Tribunal under sub-section (3) of section 10 or sub-section (2) of section 45, may, within +[thirty] days from the date of decision, appeal to the High Court:

Provided that the High Court may admit an appeal presented after the expiration of the said period if it is satisfied that the party concerned had sufficient cause for not presenting the appeal within the said period.

Limitation Act to apply to appeal under section 46 or 47

48. The provisions of section 4 and of sub-section (1) and (2) of section 12 of the Limitation Act, 1963 (Central Act 36 of 1963), shall, as far as may be, apply to any appeal under section 46 or section 47.

Revision by Land Commissioner

49. The Land Commissioner may call for and examine the record of any authorised officer in respect of any proceeding under section 11, section 12, sub-section (1) of section 13, sub-section (3) of section (16), sub-section (4) of section 17, sub-section (5) or sub-section (9) of section 24 or the record of any proceeding under sub-section (2) of section 28 and in respect of any other proceeding under this Act not being a proceeding in respect of which a suit or an appeal to the Land Tribunal is provided by this Act to satisfy himself as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed thereon; and if, in any case, it appears to the Land Commissioner that any such proceeding, decision or order should be modified, annulled, reserved or remitted for reconsideration, he may pass order accordingly:

Provided that the Land Commissioner shall not pass any order prejudicial to any partly unless he has been given a reasonable opportunity of being heard.

+ Amended as per the Puducherry Land Reforms (Amendment) Regulation, 1977 w.e.f 28.02.77.

198 Revision by High Court

50. Subject to the provisions of section 47, every Land Tribunal shall be deemed to be a Court subordinate to the High Court for the purposes of section 115 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908.), and its orders shall be liable to revision by the High Court under the provisions of that section.

Power to Stay

51. The High Court, the Land Tribunal or the Land Commissioner may stay the execution of any decision or order pending the exercise of its or his powers under this Chapter.

CHAPTER – X PENALTIES AND PROCEDURE Penalty for failure to furnish return

Where this provision sits

ActThe Puducherry Land Reforms (Fixation of Ceiling on Land) Act, 1973
Section45
JurisdictionUnion territory of Puducherry
StatusIn force as published by the source

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