(1) Any person aggrieved by any order of the competent Appeal.
authority under section 7, section 8, section 9 or section 10 or by any order regarding valuation made by the competent authority under subsection (2) of section 11, may prefer an appeal to the appellate authority against such order within a period of thirty days from the date of communication of the order to him by the competent authority:
Provided that the appellate authority may entertain an appeal preferred after the expiry of the period of thirty days as aforesaid, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such period.
423 The West Bengal Government Land (Regulation of Transfer) Act, 1993.
[West Ben. Act (Chapter 1V.—Miscellaneous.—Sections 13-15.)
(2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant a reasonable opportunity of being heard, make such order within a period of ninety days from the date of admission of the appeal as it deems fit, and shall communicate the order to the competent authority within seven days from the date of the order.
Revision.
Orders under the Act to be final and not to be questioned in civil court.
13. The State Government may call for and examine any records of any proceedings before the competent authority or the appellate authority within a period of thirty days from the date of the order by the competent authority or the appellate authority, as the case may be, and may make such order thereon as that Government thinks fit. The State Government shall communicate every such order to the appellate authority and the competent authority within fifteen days from the date of the order.
14. Any order made by—
(a) the competent authority, if not annulled or varied by any order made by the appellate authority under section 12 or by the State Government under section 13, or
(b) the appellate authority, if not annulled or varied by any order made by the State Government under section 13, or
(c) the State Government under section 13, shall be final and shall not be questioned in any civil court.
Determination 15. (1) Where a lessee makes any transfer of Government land held of lease. by him on lease to any person, not being the State Government or a Government undertaking, in contravetion of the provisions of this Act, the lease shall determine forthwith, notwithstanding anything to the contrary contained in any instrument in this behalf, and the State Government shall re-enter. If the transferee is in possession of the Government land as aforsaid, the State Government may direct the competent authority to use such force as may be necessary to take possession of the Government land after giving the transferee a notice in writing to vacate such land within a period of thirty days from the date of service of the notice:
Provided that if the leasee or the transferee makes any application to the competent' authority within the period of thirty days as aforesaid giving the reasons for such transfer and the competent authority is satisfied that there is prima facie justification for such transfer, it shall cause such enquiry as it thinks fit and shall decide whether or not the transfer has been made in contravention of the provisions of this Act and shall proceed accordingly.
424 The West Bengal Government Land (Regulation of Transfer) Act, 1993.
XXVII of 1993.]
(Chapter 111.—Miscellaneous.—Sections 16-19.)
(2) The competent authority shall, while using force to take possession of the Government land under sub-section (1), be deemed to be an 2 of 1974. Executive Magistrate within the meaning of the Code of Criminal Prodedure, 1973.
16. (I) Every lessee or his heir or successor or transferee occupying any Goveryment land shall submit an annual return to the competent authority showing such particulars regarding such occupation, in such form, and within such period, as may be prescribed.
(2) If, upon the submission of such return, the competent authority is satisfied that the Government land has been transferred in contravention of the provisions of this Act, the provisions of section 15 shall apply to such transfer.
17. The competent authority and the appellate authority shall, for the purposes of—
(a) summoning and enforcing the attendance of any withness, or
(b) production of any document, while performing any function or discharging any duty under this Act, .5 of 1908. have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit.
18. The competent authority or the appellate authority, while performing any function or discharging any duty under this Act, may—
(a) at any time between sunrise and sunset and after giving not less than twenty-four hours' notice in writing enter and inspect or authorise any officer subordinate to it enter and inspect any premises, and
(b) by order in writing, require any person to produce for inspection such rent receipts or other documents relevant to the enquiry, at such time, and at such place, as may be specified in the order.
19. No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of that Government or the competent authority or the appellate authority or any officer authorised by the competent authority or the appellate authority for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
Submission of annual return.
Power of competent authority and appellate authority to summon and enforce attendance of witnesses etc.
Power of • entry and inspection, etc.
Protection of action taken in good faith.
425 The West Bengal Government Land (Regulation of Transfer) Act, 1993.
[West Ben. Act XXVII of 1993.]
(Chapter 117.—Miscellaneous.—Sections 20-25.)
Act to have overriding effect.
Power to relax.
Power to make rules.
Power to remove difficulties.
20. The competent authority and the appellate authority and any officer performing any function or discharging any duty under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
21. No court shall have jurisdiction to decide or to deal with any question which is required to be decided or dealt with under the provisions of this Act and no court shall have jurisdiction to entertain any suit or proceeding in respect of any such question.
22. The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any judgement, decree or order of any court, tribunal or other authority, or in any instrument having effect by virtue of any law other than this Act, or in any contract, express or implied, or in any custom or usage.
23. The State Government may, if it considers necessary so to do, dispense with or relax the requirement of any of the provisions of this Act in respect of any Government land to such extent and subject to such conditions as it may deem fit.