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State of Tamilnadu - Section

Section 11 in Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965

11. [ Revision. [Substituted by G.O. Ms. No. 1870, dated the 8th September 1969.]

(1)The order of the Assigning authority, if no appeal is presented, or of the [Appellate authority] if an appeal is presented, shall subject to the provisions of sub-rules (2) to (6), be final.
(2)If in a case where no appeal has been presented under rule 10, at any time within three years of the date of the order of assignment, the [Appellate authority] [The words 'appellate authority' substituted by G.O. Ms. No. 1358. dated the 21st June 1979.] is satisfied that there has been a material irregularity in the procedure or that the order was grossly inequitable or that it was passed under a mistake of fact or owing to fraud or misrepresentation or that the extent assigned together with other lands, if any, held by the assignee (other than a co-operative society) was in excess of [three acres of dry land or one and a half acres of wet land,] [The words 'three acres wet land' substituted by G.O. Ms. No. 715, dated the 24th March 1980.] he may set aside, cancel or in any way modify the order.
(3)[ The Land Commissioner may, at any time, of his own motion, within a period of five years from the date of the order of assignment or the date of the order of the appellate authority, as the case may be, set aside, cancel, revise or in any way modify the order of assignment or the order of appeal or revision or issue such directions as he may deem fit, if he is satisfied that the order was grossly inequitable. If he is satisfied that there has been a material irregularity in the procedure or that the order was passed under a mistake of fact or owing to fraud or misrepresentation or that the assignee is not eligible for assignment or that the extent assigned together with other lands, if any, held by the assignee or the members of his family other than a co-operative society exceeds the limits specified in sub-rule (2) of rule 5, he may exercise such powers without any limit of time. He may also issue such directions as he may deem fit even while the proceedings are in progress before the assigning authority or the appellate authority.] [Substituted by G.O. Ms. No. 391, dated the 14th March 1985.]
(4)[ The Government may, at any time, within one year, from the date of the Land Commissioner's order under sub-rule (3) [xxx] [Substituted by GO. Ms. No. 1358, dated the 21st June 1979.] set aside, cancel or in any way modify the order of the Land Commissioner, if they are satisfied that the order was grossly inequitable or there has been a material irregularity, in the procedure, or where it was passed under a mistake of fact or owing to fraud or misrepresentation.
(5)The authorities competent to pass orders in revision under this rule may also grant stay, pending orders in revision.]
(6)No order under this rule shall be passed without giving an opportunity to the assignee of being heard.]