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State of Tamilnadu - Section

Section 48 in Gudalur Janmam Estates (Abolition and Conversion Into Ryotwari) Act, 1969

48. Determination of contribution.

(1)The Settlement Officer shall, by order in writing, determine in respect of each pattadar the contribution payable by him under section 47.
(2)Any pattadar or other person interested may, within such time as may be prescribed or such further time as the Settlement Officer may, in his discretion, allow, apply in writing to that officer for a copy of the data on the basis of which he proposes to determine the amount of contribution payable under section 47.
(3)On receipt of such application, the Settlement Officer shall furnish the data aforesaid to the applicant; and he shall also, before passing any order under sub-section (1), give the applicant a reasonable opportunity of making his representations in regard thereto in writing or orally.
(4)A copy of every order passed under sub-section (1) shall be communicated to the pattadar and also to every applicant under sub-section (2).
(5)
(i)The Settlement Officer may, at any time either suo motu or on the application of any person, review an order passed by him under sub-section (1) on any one or more of the following grounds, namely:-
(1)that the said order is vitiated by any clerical or arithmetical mistake or error apparent on the face of the record; of
(2)that the said order requires to be modified in pursuance of the final order of any competent authority or Court:Provided that the Settlement Officer shall not exercise the powers under this sub-section without giving the pattadar concerned and every applicant under this sub-section and sub-section (2), a reasonable opportunity of being heard.
(ii)A copy of every order passed under this sub-section shall be communicated to the Director and the [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G.O. Ms. No. 2675, Revenue, dated the 1st December 1980.] and also to the pattadar concerned and every applicant under this sub-section and sub-section (2).
(6)Any person deeming himself aggrieved by an order made under sub-section (1) or sub-section (5), may, within one month from the date of the order or such further time as the Director may, in his discretion allow, appeal to the Director; and the Director shall, after giving the appellant reasonable opportunity of being heard, pass such orders on the appeal as he thinks fit.
(7)The [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G.O. Ms. No. 2675, Revenue, dated the 1st December 1980.] may, in its discretion at any time, either suo motu or on the application of any person, call for and examine the record of any order passed or proceeding taken by the Director or the Settlement Officer under this section, for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceeding and pass such order in reference thereto as it thinks fit:Provided that the amount of contribution payable by the pattadar shall not be altered by the [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G.O. Ms. No. 2675, Revenue, dated the 1st December 1980.] without giving him and every person who has made an application under this sub-section and sub-section (2), a reasonable opportunity of being heard.
(8)Notwithstanding anything contained in sub-section (7), the [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G.O. Ms. No. 2675, Revenue, dated the 1st December 1980.] may, on application made to it by the Settlement Officer or by any other person in that behalf review any order passed by it under sub-section (7), if it is of the opinion that the said order is vitiated, by an error in the decision on a point of law or by mistake, and may make stich order on the application as it thinks fit:Provided that no application for review shall be granted by the [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G.O. Ms. No. 2675, Revenue, dated the 1st December 1980.] without previous notice to the pattadar and to the applicant, to enable them to appear and be heard in support of the order a review of which is applied for.
(9)No order passed by the Settlement Officer under sub-section (1) or subsection (5) shall be liable to be cancelled or modified except by the Director or the Board of Revenue as aforesaid or to be questioned in any Court of law; and no order passed by the Director under sub-section (6) shall be liable to be cancelled or modified except by the Board of Revenue as aforesaid or to be questioned in any Court of law; and no order passed by the Board of Revenue under sub-section (7) or sub-section (8), shall be liable to be cancelled or modified by the Government or any other authority or to be questioned in any Court of law.