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Section 10

The Punjab Package Deal Properties (Disposal) Act, 1976.State Act of Punjab · Act 21 of 1976

(1) The Chief Sales Commissioner may at any time call for the record of any proceedings under this Act in which a Appeals to Sales Commissioner.

Appeals to Chief Sales Commissioner.

Power of revision.

Tehsildar (Sales), or a Naib-Tehsildar (Sales) or a Sales Commissioner 1[in his district] has passed an order 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 may deem fit.

(2) Without, prejudice to the generality of the foregoing power under sub-section (1), if the Chief Sales Commissioner is satisfied that any order, whether passed before or after the commencement of this Act, for the transfer of package deal property to any person, has been obtained by him by means of fraud, false representation or concealment of any material facts, then, notwithstanding anything contained in this Act, the Chief Sales Commissioner may pass an order cancelling or modifying the order of such transfer.

(3) No order which prejudicially affects any person shall be passed under this section without giving him a reasonable opportunity of being heard.

(4) Any person aggrieved by an order made under subsection (2) may within thirty days from the date of the order, make an application for the revision of the order, in such form and manner as may be prescribed, 2[to the Commissioner and the Commissioner] may pass such order thereon as it thinks fit.

11. Clerical or arithmetical mistakes in any order passed by any officer or authority under this Act or errors arising therein from any accidental slip or omission may at any time be corrected by such officer or authority or the successor-in-office of such officer or authority.

12. Every officer appointed under this Act shall, for the purpose of making any enquiry or hearing an appeal under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), when trying a suit in respect of the following matters, namely: - 1 Inserted after words " or a Sales Commissioner" by Punjab Act No.10 of 1979, section 4(i).

2 Substituted words " to the State Government and the State Government" by Punjab Act No.

10 of 1979, section 4(ii).

Review and amendment of orders.

Powers of offences.

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

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

(c) requisitioning any public record from any Court or office;

(d) issuing commissions for examination of witnesses:

(e) appointing guardians or next friends of persons who are minor or of unsound mind;

(f) any other matter which may be prescribed;

and any proceedings before any such officer shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (Act XLV of 1860), and every such officer shall be deemed to be a Civil Court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973 (Act 2 of 1974).

13. Subject to the provisions of this Act and the rules made thereunder the officers appointed under this Act may take such measures as may be considered necessary or expedient for the purpose of securing, administering, preserving, managing or disposing of any package deal property entrusted to them and generally for the purpose of satisfactorily discharging any of the duties imposed on them by or under this Act and may for any such purpose as aforesaid, do all acts necessary or incidental thereto.

Where this provision sits

ActThe Punjab Package Deal Properties (Disposal) Act, 1976.
Section10
JurisdictionState of Punjab
StatusIn force as published by the source

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