The Rajasthan Land Pooling Scheme Act, 2016
Chapter V Appeal
General201674 sections6 chapters
Chapter V Appeal
55. Appeal
Statutory text
- (1) Any decision of the Land Pooling Officer under clause (iii), (iv), (vi), (vii), (viii) and (x) of sub-section (4) of section 23 shall forthwith be communicated to the party concerned including the appropriate authority and any party aggrieved by such decision may, within thirty days from the date of communication of the decision, prefer an appeal to the Board of Appeal.
- (2) The provisions of sections 5, 12 and 14 of the Limitation Act, 1963 (Central Act No. 36 of 1963) shall apply to the appeals under this section.
Chapter V Appeal
56. Constitution of Board of Appeal
Statutory text
- (1) The State Government shall, from time to time by an order published in the Official Gazette, constitute a Board of Appeal for hearing and deciding appeals under section 55.
- (2) The Board of Appeal shall consist of three members, one of whom shall be its President and two persons, possessing such qualifications and experience as may be prescribed, as assessor.
- (3) The President of the Board of appeal shall be a person who is or has been a District Judge.
- (4) The terms of appointment of the President of the Board of Appeal and conditions of service shall be such as may be prescribed.
- (5) The Board of Appeal constituted under sub-section (1) shall stand dissolved as soon as a copy of its decision in appeal is sent to the Land Pooling Officer.
- (6) The State Government may, if it thinks fit, remove for incompetence or misconduct or for any other good or sufficient reason any assessor appointed under sub-section (2).
Chapter V Appeal
57. Land Pooling Officer to assist Board of Appeal in advisory capacity
Statutory text
- (1) The Land Pooling Officer shall be present at the proceedings before the Board of Appeal.
- (2) The Land Pooling Officer shall not be required to give evidence in such proceedings but the President may require him to assist the Board of Appeal in an advisory capacity.
Chapter V Appeal
58. Place where Board of Appeal may sit
Statutory text
The Board of Appeal may sit at such place or places as the State Government may specify from time to time in this behalf.
Chapter V Appeal
59. Decision on questions of law and other questions
Statutory text
All questions of law and procedure shall be decided by the President and all other questions shall be decided by the President and the members by a majority.
Chapter V Appeal
60. Power of Board of Appeal to decide matters finally
Statutory text
- (1) After making such inquiry as it may think fit, the Board of Appeal may either direct the Land Pooling Officer to reconsider its proposals, or accept, modify, vary or reject the proposals of the Land Pooling Officer.
- (2) Every decision of the Board of Appeal shall be final and binding on all parties.
Chapter V Appeal
61. Board of Appeal not to be court
Statutory text
Nothing contained in this Act shall be deemed to constitute the Board of Appeal to be a court.
Chapter V Appeal
62. Remuneration of assessors and payment of incidental expenses of Board of Appeal to be added to costs of scheme
Statutory text
- (1) The assessors shall, save where they are salaried Government Officers, be entitled to such remuneration either by way of monthly salary or by way of fees or partly by way of salary and partly by way of fees, as the State Government may, from time to time, determine.
- (2) The salary of, the President of the Board of Appeal or, an assessor, who is a salaried Government Officer and any remuneration payable under sub-section (1) and all expenses incidental to the working of the Board of Appeal shall, unless the State Government otherwise determines, be defrayed out of the funds of the appropriate authority and shall be added to the costs of the scheme.
Chapter V Appeal
63. Decision of Land Pooling Officer to be final in certain matters and modification of Scheme in view of decision in appeal
Statutory text
- (1) Where no appeal has been presented under section 55 in respect of a matter arising out of clause (iii), clause (iv), clause (vi), clause (vii), clause (viii) or clause (x) of sub-section (4) of section 23, the decision of the Land Pooling Officer shall be final and binding on the parties.
- (2) The Board of Appeal shall send a copy Of its decision in appeal to the Land Pooling Officer who shall, if necessary, make any modification in the scheme in accordance with such decision and shall forward the final scheme together with a copy of his decision under section 23 and a copy of the decision of the Board of Appeal in appeal to the State Government for the sanction of the final scheme.
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