The Hindu Religious Institutions and Charitable Endowments Act, 1997
Chapter X APPEAL, REVISION AND EXECUTION OF ORDERS
Chapter X APPEAL, REVISION AND EXECUTION OF ORDERS
63. Revisional Powers of Commissioner
Revisional Powers of Commissioner.-
- (1) The Commissioner may call for and examine the records and proceedings before the Assistant Commissioner or Deputy Commissioner the Committee of management or the executive officer for the purpose of satisfying himself as to the correctness of the finding or order recorded or passed by the Assistant Commissioner or Deputy Commissioner the Committee of management or the executive officer and may either annul, reverse, modify or confirm the said finding or order or may direct the Assistant Commissioner or Deputy Commissioner the Committee of management or the executive officer to make further enquiry or take such additional evidence as he may think necessary or he may himself take the additional evidence : Provided that the Commissioner shall not record or pass any order without giving the party affected thereby an opportunity of being heard.
- (2) Nothing in sub-section
- (1) shall entitle the commissioner to call for and examine the record of any case during the period in which an appeal can lie or after an order has been passed by him on such appeal.
Chapter X APPEAL, REVISION AND EXECUTION OF ORDERS
63A. Appeal to the Rajya Dharmika Parishat and appeal against its order
Appeal to the Rajya Dharmika Parishat and appeal against its order.-
- (1) Any person aggrieved by the order of Rajya Dharmika Parishat in exercise of its original jurisdiction may prefer an appeal to High Court on a substantial question of law.
- (2) Any person aggrieved by the orders passed by the Zilla Dharmika Parishat under any of the provisions of this Act may appeal to the Rajya Dharmika Parishat within a period of thirty days from the date of the order.
Chapter X APPEAL, REVISION AND EXECUTION OF ORDERS
63B. The Rajya Dharmika Parishat shall after giving notice to all the concerned parties and on hearing both the parties pass orders in accordance with law.
Review by the Government Review by the Government.- The State Government may call for and examine the records of any proceedings or order passed by the Commissioner or Deputy Commissioner for the purposes of satisfying itself as to the correctness, legality or propriety of any order or proceeding and may after giving reasonable opportunity to the interested persons to be heard and pass such order in respect thereof as deems fit.
Chapter X APPEAL, REVISION AND EXECUTION OF ORDERS
64. Computation of Limitation
Computation of Limitation.- In computing the period of time fixed for an appeal or revision under this Act, the provisions of section 5, 12 and 14 of the Limitation Act, 1963 shall apply.
Chapter X APPEAL, REVISION AND EXECUTION OF ORDERS
65. Civil Procedure Code to apply to Proceedings under the Act
Civil Procedure Code to apply to Proceedings under the Act.- Save in so far as they are inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure, 1908 shall apply to all proceedings under this Act.
Chapter X APPEAL, REVISION AND EXECUTION OF ORDERS
66. Officers holding enquiries to have powers of Civil Court
Officers holding enquiries to have powers of Civil Court.- In holding enquiries under this Act, [Rajya Dharmika Parishat, Zilla Dharmika Parishat and] the Officer holding the same shall have the same powers as are vested in courts in trying a suit, in respect of the following matters under the Code of Civil Procedure, 1908, namely ,-
- (a) Proof of facts by affidavit;
- (b) summoning and enforcing attendance of any person and examining him on oath;
- (c) compelling the production of documents;
- (d) issuing of commission.
Chapter X APPEAL, REVISION AND EXECUTION OF ORDERS
67. All enquiries to be Judicial Proceedings
All enquiries to be Judicial Proceedings.- All enquiries and appeals under this Act shall be deemed to be judicial proceedings within the meaning of sections 193 or 228, and for the purposes of section 196, of the Indian Penal Code and every authority holding enquiry or hearing appeal shall be deemed to be a civil court for the purpose of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
Chapter X APPEAL, REVISION AND EXECUTION OF ORDERS
68. Bar of Jurisdiction
Bar of Jurisdiction.- Save as expressly provided in this Act, no civil Court shall have jurisdiction to decide or deal with any question which is by or under this Act required to be decided or dealt with by an officer or authority under the Act or in respect of which the decision or order of such officer or authority is made final and conclusive.
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