Section 46 in Bihar Private Irrigation Works Act, 1922
46. [ Appeal and revision. [Substituted by Act 4 of 1960.]
(1)An appeal shall lie from any original order (except an order declaring that any repair of any existing irrigation work shall not be carried out on the ground that the cost will be prohibitive and an order under Section 5A) or award of the Collector or of any officer on whom any of the powers and duties of the Collector have been conferred or imposed under this Act or from any order of the Collector reversing the order of an officer subordinate to him, to the prescribed authority, and subject to the result of such appeal or revision under sub-section (4) the order or award, as the case may be, shall be final.(2)Appeal under this Section shall be heard and disposed of in accordance with the prescribed procedure.(3)An appeal under this Section shall be preferred within thirty days of the date of the order appealed against:Provided that an appeal may be admitted after the said period if the appellate authority is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.(4)The Board of Revenue may on its own motion or on application, and after giving the parties interested reasonable opportunities of being heard, modify, alter or reverse any order passed in appeal from which no further appeal lies:Provided that the power of revision shall not be exercised except on the ground of illegality or material irregularity.(5)When appeal is presented under sub-section (1) or when the Board of Revenue calls for the records of a case under sub-section (4), the proceedings shall not be stayed pending the appeal or revision unless the appellate or revising authority so directs.]
