Bare ActsThe Tamil Nadu Land Encroachment Act, 1905

Section 9

Amendment status not verified — confirm the current text below against the official source.

The amount of assessment and penalty imposod assessment or penalty levied under this Act on any person unauthorizedly as arrears of occupying any land shall be deemed to be land- land-revenae. '[Tamil revenue and may be recovered from him as arrears Nsdol of land-revenue under the provisions of the lmmil A O ~ II,~ M u ] Revenue Recovery Act, 1864, or the Madras z%a City Land-Revenue (Amendment) Act, 1867, as the VI of case may be. 1867, Appeal. 2[10. 3(*) An appeal shall lie (a) to the Collector from any deoision or order passed by a Tahsildar or Deputy Tahsildar '[or an authorized officer] under this Act, and (b) to the District Collector from any deoision or order of a, Collector passed otherwise than on appeal, and (o) to the Board of Revenue from any decision or order of e District Colleotor passed otherwise than on [ * * * * 1 1 These worda were substituted.for the word 6' Madma " by the Tamil Nadu Adaptation of Laws Order, 1969, aa mended by the Tamil Nadu Adaptation of Lawe (Second Amendment) Order, 1969, which came into force on the 14th January 1969. 2 This seation was substituted by Tamil Nadu Aot VIII of 1914 3 The braokets and figure "(1) " were omitted by section 6 of the Tesail Nadu Land Encroachment (Amendment) Act, 1966 (Tamil Nadu Act 26 of 1966). 4 These words were inserted by W. 5 The sentence "There shall be no appeal against a decision or order pamed by the Colleotor or the District Collector on appeal, but the District Colleotor may revise m y decision or order p w d by a Deputy Tahsilh, Tahsilh or Collector under thia Act, and the Board of Revenue may revise any deoision or order paseed by any officer under this Act " mas omitted by ibid. 1905 : T.N. Act 3113 Laad Encvoac me 5 27 2[10-A. (1) Any decision or order passed under Revision. this Act may be revised either suo motu or on appli- oation- (a) by the District Colleotor, if such decision or order was passed by an authorized officer or a Deputy Tahsildar, Tahsildar or Collector ; (b) by the Board of Revenue, if such decision or order was passed by any officer ; (c) by the State Government, if such decision or order was passed by the Board of Revenue. (2) The power conferred by sub-section (1) shall not be exeroised except on the ground that the officer or authority whose deoiaion or order is sought to be revised appears to have exercised t jYiSdi0- tion not vested in him or it by law, or to ha failed to exercise a jurisdiction so vested, or to have acfed in the exeroise of his or its jurisdiction illegally or with inaterial irregularity. (3) No decision or order shall be passed under sub-section (1) prejudicial to any person without giving such person a reasonable opportunity of making any representation that he may desire to make and such representation, if any, shall be taken into consi demtion, before such decision or order is passed. 10-B. Pending the disposal of any appeal or Stas pen"g cleoision in application or proceedings for revision under this appeal or Act, the Collector, the District Collector, the Board revision. of Revenue, or the State Government, as the case may be, may by order, and subject to such conditions as may be specified therein, stay the execution of tho decision or order appealed against or sought to be revised.] 1 Sub-eeotion (2) was omitted by sooion 6 of the Tamil Nadu Lend Enoroeohment (Amendment) Act, 1966 (Tamil Nadu Aot 26 of 1966). S Them sootions were inserted by reotion 7, iMI. 528 Lam? Encroachment. [I905 : T.N. Act III Limitation for '[II. (1) NO appeal shall be preferred under appeel and section 10 after the expiration of thirty days from reviaion. the date on which the decision or order appealed against was received by the appellant. (2) No application for revision shall be preferred under sub-section (1) of section 10-A after the expiration of thirty days from the date on which the decision or order sought to be revised was received by the - applicant. (3) In computing the period of thirty days referred to in sub-sections (1) and (2), the time required to obtain a copy of the decision or order appealed against or sought to be revised shall be excluded. (4) Notwithstanding anything contained in sub- sections (1) and (2), the officer or authority concerned or the State Government may admit an a p p l or application preferred after the period speaified therein, if such officer or authority or Government is or are satisfied that the appellant or appli-b had sufficient wuse for not preferring the appeal or application within that period.]

Section 9 – The Tamil Nadu Land Encroachment Act, 1905 | DailyLaw.ai