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[Cites 0, Cited by 26] [Entire Act]

State of Odisha - Section

Section 60 in The Orissa Public Demands Recovery Act, 1962

60. Appeal.

(1)An appeal from any original order made under this Act shall lie -
(a)if the order was made by a Certificate Officer below the rank of an Additional District Magistrate, to the Additional District Magistrate;
(b)if the order was made by an Additional District Magistrate, to the Collector;
(c)if the order was made by a Collector, to the Revenue Divisional Commissioner :
Provided that no appeal shall lie from an order setting aside a sale on an application made under Section 27.
(2)Every such appeal shall be presented within thirty days from the date of the order appealed against.
(3)Pending the decision of any appeal, execution may be stayed if the appellate authority so directs, but not otherwise :[Provided that the appellate authority shall not direct stay of execution in any case, unless -
(a)the certificate-debtor has aid at least fifty per centum of the total amount due under the certificate to the Certificate Officer, whether or not under protest made in writing at the time of payment, and produces a certificate from the Certificate Officer showing such payment to have been made; or
(b)after considering the evidence adduced, he has prima facie reasons to believe on the plea of the certificate-debtor that the public demand said to be due from him under the certificate has, in fact, been paid.]