Section 26 in Administration of Evacuee Property Act, 1950
26. Powers of review or revision of Custodian, etc.
(1)The Custodian, Additional Custodian or Authorised Deputy Custodian may at any time, either on his own motion or on application made to him in this behalf, call for the record of any proceeding under this Act which is pending before, or has been disposed of by, an officer subordinate to him for the purpose of satisfying himself as to the legality or propriety of any orders passed in the said proceeding, any may pass such order in relation thereto as he thinks fit:Provided that the Custodian, Additional Custodian or Authorised Deputy Custodian shall not pass an order under this sub-section revising or modifying any order prejudicial to any person without giving such person a reasonable opportunity of being heard:Provided further that if one of the officers aforesaid takes action under this sub-section, it shall not be competent for any other officer to do so.(2)The Custodian, Additional Custodian or Authorised Deputy Custodian ( but not a Deputy or an Assistant Custodian) may, after giving notice to the parties concerned, review his own order.(3)The Custodian, Additional Custodian or Authorised Deputy Custodian may from time to time on application made to him in this behalf, review any declaration made by him in relation to any intending evacuee:Provided that no such application shall be entertained unless--(a)where an appeal or any other proceeding in respect of such declaration is pending under this Act six months have elapsed from the date of the decision in such appeal or other proceeding, or(b)where no appeal has been preferred, six months have elapsed from the date on which the time prescribed for the filing of an appeal under this Act in respect of such declaration would have expired:Provided further that every declaration made in review under this sub-section shall not take effect unless confirmed by the Custodian-General.
