Section 32 in The Orissa Merged Territories (Village Offices Abolition) Rules, 1963
32. Procedure to be followed by the Collector while proceeding under provisions of the Act.
(1)When a claim is preferred before the Collector under Sub-section (1) of Section 4 or Sub-section (2) of Section 10, he shall follow the procedure laid down below :(a)he shall issue a general notice inviting objections to the claim within thirty days;(b)all objections received during this period shall be taken into consideration;(c)as soon after the expiry of this period as may be possible, he shall call upon the claimant and the objectors, if any, to be present for hearing on a date to be fixed for the purpose;(d)on the date so fixed, or any other date to which the proceedings may be adjourned he shall call upon the claimant to prove his claim;(e)the objector, if any, shall thereafter be called upon to prove his objection;(f)the parties shall be entitled to call witnesses and produce documents in support of their contention :Provided that if any party requires the Collector to summon any witness for deposing in his favour or for production of any document the Collector shall employ with such demand unless, for reasons to be recorded in writing he considers it unnecessary to do so;(g)the Collector shall record in his own hand and in a memorandum, the material averments of the parties, the material portions of the evidence, his decision and the reasons therefor.(2)Filing of appeals before the Collector and their disposal shall be regulated by the following procedure, namely :(a)with every appeal, a certified copy of the order appealed against shall be filed;(b)if an appeal is admitted, the Collector may call for a report from the officer against whose order the appeal has been filed :Provided that the points on which such a report is required shall be distinctly mentioned in the order calling for the report;(c)pending disposal of the appeal, operation of the order appealed against may, at the discretion of the Collector, be stayed;(d)a notice of the appeal and the date of its hearing shall be served on the respondent, if any ; and(e)reasonable opportunity shall be given to the parties to be heard in person or through pleaders before final order in appeal is passed.
