(1) Any person aggrieved by an order of the Controller may, Appeal.
within thirty days from the date of the order, prefer an appeal in writing—
(a) in respect of any holding within the jurisdiction of the Court of Small Causes of Calcutta, to the Chief Judge of the Court of Small Causes of Calcutta; and
(b) in respect of any holding elsewhere, to the District Judge within whose jurisdiction the holding is situate.
(2) The Chief Judge of the Court of Small Causes of Calcutta or the District Judge, as the case may be, before whom an appeal is preferred under sub-section (1) may either himself hear any such appeal or transfer such appeal to a Judge, Court of Small Causes of Calcutta or to an Additional District Judge, as the case may be, and the Judge to whom such appeal is so transferred shall hear and dispose of such appeal.
(3) The Chief Judge of the Court of Small Causes of Calcutta or the District Judge, as the case may be, either on his own motion or on the 387 The Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981.
[West Ben. Act Recision by State Government.
Power of District .itidee and Chief Judge.
Court of Small Causes of Calcutta to withdraw and transfer any proceedings.
(Chapter 1V.—Miscellaneous and supplemental provisions.— Sections 14, 15.)
application of any party may withdraw any appeal pending before any Judge to his own file for hearing and disposal or transfer it to any other Judge of the Court of Small Causes of Calcutta or any Additional District Judge, as the case may be, for hearing and disposal.
(4) Subject to such rules as may be made under this Act, any final order passed by any court under sub-section (2) or sub-section (3), may in the manner prescribed be reviewed by the court which passed the order on the discovery of any new and important matter or evidence or on account of some mistake or error apparent on the face of the record or for any other sufficient cause of like nature:
Provided that before making any order under this sub-section the person likely to be adversely affected by such order shall be given reasonable opportunity of being heard.
(5) An order passed by the Controller against which no appeal has been preferred, may also be reviewed by him in the manner prescribed on the ground of discovery of new matter or evidence or on the ground of error apparent on the face of the record after giving the person an opportunity of being heard.
(6) Subject to the provisions of this Act, any decision of the Appellate Authority and, in cases where no appeal has been preferred, the decision of the Controller shall be final and may be executed by the Controller in the manner provided in the Code of Civil Procedure, 1908, for the execution .of decrees.
14. The State Government may, on its own motion, call for and examine the records of any order passed or proceedings taken by the Controller under the provisions of this Act and against which no appeal has been preferred for the purpose of satisfying itself as to the legality or propriety of such order or as to the regularity of the procedure and pass such order with respect thereto as it may think fit:
Provided that no such order shall be made except after giving the person affected reasonable opportunity of being heard in the matter.
15. ( I) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or on his own motion without such notice, the District Judge in the case of a proceeding pending before a Controller appointed for any area within the district, or the Chief Judge of the Court of Small Causes 'of Calcutta.
in the case of a proceeding' pending before a Controller appointed for any area within the jurisdiction of the Court of Small Causes of Calcutta, 388 The Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981.
XXXVII of 1981.]
(Chapter 1V. —Miscellaneous and supplemental provisions.— Sections 16-18.)
Ben. Act V of 1911.
may,. at any stage, withdraw such proceeding and transfer it for hearing or disposal to a Controller appointed for any other area within the district or within the jurisdiction of the Court of Small Causes of Calcutta, as the case may be, or retransfer it for hearing or disposal to the Controller from whom it was withdrawn.
(2) The Controller to whom any proceeding has been transferred under sub-section (1) shall have the same power to hear or dispose of it as the Controller from whom it was withdrawn and may, subject to any special directions in the order of transfer, either rehear it or proceed from the stage at which it was withdrawn and transferred.
' Explanation.—In this section "proceeding" includes any proceeding arising out of an application made to the Controller under the provisions of this Act.
16. Nothing in this Act shall apply to— •
(a) Government lands,
(b) any land vested in or in the possession of—
(i) the State Government,
(ii) a port authority of a major port, or
(iii) a railway administration, or
(iv) a local authority, or
(c) any land which is required for carrying out any of the provisions of the Calcutta Improvement Act, 1911.
17. Nothing in any contract between a thika tenant and a Bharatia made after the commencement of the Act shall take away or limit the rights of such tenant or Bharatia as provided for by this Act, and any contract which is made in contravention of, or which is inconsistent with any of the provisions of this Act shall be void and without effect to the extent of such contravention or inconsistency.
18. For the purpose of any inquiry under this Act, the Controller and any person deciding an appeal under section 13, may,—
(a) enter and inspect any premises at any time between sunrise and sunset;
(b) authorise any person subordinate to him to enter and inspect any premises between sunrise and sunset; or Bar to application of Act to certain lands.
Restriction or exclusion of Act by agreement.
Power to enter and inspect premises, to require information and to summon witnesses.
389 The Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981.
[West Ben. Act Proceedings including appeals and proceedings in execution of orders.
etc.. to abate.
Power to make rules.
(Chapter 1V Miscellaneous and supplemental provisions.— Sections 19-23.)
(c) by written order, require any person to produce for his inspection such accounts, rent receipts, books or other documents at such time and at such place as may be specified in the order:
Provided that no premises shall be entered under clause (a) or clause
(b) without the consent of the occupier, unless at least twenty-four hours' previous notice in writing has been given.
19. All proceedings including appeals and all proceedings in execution of orders passed in proceedings including appeals under the Calcutta Thika Tenancy Act, 1949, pending on the 19th day of July, 1978, for the ejectment of thika tenants and Bharatias shall stand abated with effect from the 19th day of July, 1978, as if such proceedings, appeals or execution proceedings has never been made.