MPI Act 23अध्याय II · Canal Official and their Charges and Powers

धारा 23 · Appeals

(1)

Save as provided for in this Act and the rules made thereunder, no appeal shall lie from an order passed by a Commissioner, Collector, canal officer, or canal subordinate.

(2)

The following appeals shall lie-

(a)

if an order under Section 34 is passed by a Collector or canal officer, to the Commissioner;

(b)

if an order under Section 38 is passed by a canal officer subordinate to the Executive Engineer, to the Executive Engineer;

(c)

if an order under Section 44 is passed by a canal officer, to the Collector;

(d)

if an order under Section 47 is passed by a canal subordinate, to the Canal Deputy Collector or Sub-Divisional Officer; and, if it is passed by a Canal Deputy Collector or Sub-Divisional Officer otherwise than on appeal, to the Executive Engineer;

(e)

if an order under Section 56 is passed by a Superintending Engineer, to the Chief Engineer;

(f)

if an order under sub-section (1) of Section 62 is passed by a Collector, to the Commissioner; and

(g)

if an order under Section 73 is passed by an Executive Engineer, to the Superintending Engineer.

(3)

No appeal shall lie-

(a)

to the commissioner or Chief Engineer-

after the expiration of sixty days from the date of the order to which objection is made; or

(b)

to the Collector, Superintending Engineer or Executive Engineer-

after the expiration of thirty days from the date of the order to which objection is made; or

(c)

to the Canal Deputy Collector or Sub-Divisional Officer-

after the expiration of ten days from the date of the communication of the order to which objection is made :Provided that no appeal shall lie to the Collector against an order passed by an Executive Engineer under Section 44 either after the expiration of thirty days from the date of such order or after the cutting of the crop for whose irrigation the water was supplied.

(4)

An appeal may be admitted after the period of limitation prescribed therefor if the applicant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period.

(5)

No appeal to a canal officer shall require to be stamped.

(6)

No legal practitioner shall be permitted to appear in any appeal under this Act or under the rules made thereunder except in appeals before the Commissioner.

(7)

Rules may be made under this Act providing for appeals from the orders of canal officers and canal subordinates regulating the procedure to be followed in such appeals, and prescribing periods of limitation therefor.

(8)

Such rules may require that specified or classes of appeals shall lie only to a specified revenue officer.

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