(1) An appeal shall lie to the [Collector] [Substituted by West Bengal Land Reforms (Amendment) Act No. 50 of 1981, dated 24.3.1986, for "Sub-Divisional Officer"] having jurisdiction over the area in which the land is situated, against any order made [under section 17 or section 18 or sub-section (3) of section 21] [[Substituted ibid, for :"under section 17 or section 18 except where such order was made with the consent of the parties to the dispute."]]. The [Collector] [Substituted by West Bengal Land Reforms (Amendment) Act No. 50 of 1981, dated 24.3.1986, for "Sub-Divisional Officer"] shall, on an appeal being disposed of, send a copy of his order to the officer or authority whose decision is appealed against.(1A)[ An officer or authority appointed by the State Government under section 17 or section 18 or an officer specially empowered under sub-section (1) of section 19B shall not pass any interlocutory or final order in any proceedings before him or it on the basis of any consent, agreement or compromise obtained or effected for the purpose of such proceedings, notwithstanding anything contained in the Indian Contract Act, 1872 (9 of 1872), or any other law for the time being in force.] [Inserted by West Bengal Land Reforms (Amendment) Act No. 50 of 1981, dated 24.3.1986.](2)The period within which the appeal mentioned in sub-section (1) must be filed shall be thirty days from the date of the order appealed against :Provided that an appeal against any order referred to in sub-section (2) of section 18A made before the commencement of the West Bengal Land Reforms (Amendment) Act, 1960 may be filed within ninety days of such commencement :Provided further that the provisions of section 5 of the Indian Limitation Act, 1908 shall apply to an appeal under this section.(2A)Every appeal pending before any Munsif at the commencement of the West Bengal Land Reforms (Amendment) Act, 1970, shall, on such commencement, stand transferred to, and be disposed of by, the [Collector] [Substituted by West Bengal Land Reforms (Amendment) Act No. 50 of 1981, dated 24.3.1986, for "Sub-Divisional Officer."] having jurisdiction in relation to the area in which the land is situated and on such transfer every such appeal shall be dealt with from the stage at which it was so transferred and shall be disposed of in accordance with the provisions of this Act as amended by the West Bengal Land Reforms (Amendment) Act, 1972.(2B)[ The Collector may transfer any appeal, whether transferred to, or filed before him, for disposal to any officer subordinate to him as may be prescribed:Provided that the officer to whom the appeal is transferred is superior in rank or position to the officer or authority making the order appealed against and every such appeal shall be dealt with from the stage at which it was so transferred and shall be disposed of in accordance with the provisions of this Act.] [[Substituted by the West Bengal Land Reforms (Amendment) Act, 2003 (18 of 2003) (w.e.f. 19.10.2003). The old subsection read as under:(26)The Sub-Divisional Officer may transfer any appeal, whether transferred to, or filed before him, for disposal to any officer not below the rank of a Sub-Deputy Collector, subordinate to him, but senior in rank and position to the Officer or authority against whose order the appeal has been preferred and every such appeal shall be dealt with from the stage at which it was so transferred and shall be disposed of in accordance with the provisions of this Act as amended by the West Bengal Land Reforms (Amendment) Act, 1972.]](3)The Sub-Divisional Officer hearing the appeal may for sufficient cause make an order staying execution of the order appealed against.(4)When the Sub-Divisional Officer makes an order under sub-section (3), a copy of such order shall be sent to the officer or authority before whom an application for execution is pending.
