section 51
Appeal
The Bengal Public Demands Recovery Act, 1913(1) An appeal from any original order made under this Act shall lie- (a) if the order was made by an Assistant Commissioner or a Additional Deputy Commissioner, or by a Certificate Officer not being the Deputy Commissioner, - to the Deputy Commissioner, or (b) ifthe order was made by the Deputy Commissioner, - to the Commissioner: Provided that no appeal shall lie from any order made under section 22. (2) Every such appeal must be presented, in case (a), within fifteen days, or, in case (b), within thirty days, from the date of the order. (3) The Deputy Commissioner may, by order, with the previous sanction of the Commissioner, authorize- (i) any Sub divisional Officer, or (ii) any officer appointed under clause (3) of section 3 to perform the functions of a Certificate Officer, to exercise the appellate powers of the Deputy Commissioner under sub-section (1). (4) When any officer has been so authorized, the Deputy Commissioner may transfer to him for hearing any appeal referred to in clause (a) of sub-section (1), unless the order appealed against was made by such officer. (5) Pending the decision of any appeal, execution may be stayed if the appellate authority so directs, but not otherwise. Any deficiency of price which may happen on a re-sale by reason of the purchaser's default, and all expenses attending such re-sale, shall be certified to the Certificate Officer by the officer or other person holding the sale, and shall, at the instance of either the certificate-holder or the certificate-debtor, be recoverable from the defaulting purchaser under the procedure provided by this Act: Provided that no such application shall be entertained unless made within 15 days from the date of re-sale.
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