Central

Section 10 of The Chutia Nagpur Encumbered Estates Act, 1876

An appeal against any refusal, admission, determination or order under section six, seven, eight or nine shall lie, if preferred within six weeks from the date thereof to the Deputy Commissioner within whose jurisdiction the property is situate, and the decision of the manager, if no such appeal has been so preferred, shall be final: Provided that, if the Deputy Commissioner be himself the Manager, the appeal shall lie to the Commissioner. Appeal to commissioner.--An appeal shall lie from any decision of the Deputy Commissioner, if preferred within six weeks of the date of his decision, to the Commissioner, and the decision of such Commissioner, or of the Deputy Commissioner if no such appeal has been so preferred, shall be final.

Summary

The appeal must be filed within six weeks of the date of the Manager's decision.
Normally, the appeal is made to the Deputy Commissioner who has jurisdiction over the property.
If the Deputy Commissioner is actually the Manager himself, the appeal must go directly to the Commissioner instead.
If the Deputy Commissioner makes a decision on an appeal, a further appeal can be made to the Commissioner within another six week window.
The final decision of the Commissioner (or the Deputy Commissioner if no further appeal is made) is legally binding and cannot be challenged further.

Practical examples

1In April 1880, the Manager determines that a creditor's debt is only 500 rupees, but the creditor claims it should be 700. The creditor files an appeal to the Deputy Commissioner within five weeks of the decision to argue for the higher amount.

2A lease holder is ordered to pay more money under Section 9 on June 1st. He misses the six week deadline and tries to appeal in August. His appeal is rejected because Section 10 requires it to be preferred within six weeks.

3The Deputy Commissioner is serving as the Manager. He rejects a claim under Section 7. The claimant, knowing the rules of Section 10, files their appeal directly to the Commissioner rather than the Deputy Commissioner.

FAQ

1. How much time do I have to file an appeal against the Manager's decision?

You have exactly six weeks from the date of the decision to file your appeal.

2. Who do I appeal to if I disagree with the Manager?

Generally, you appeal to the Deputy Commissioner. If the Deputy Commissioner is the one who made the decision as Manager, you appeal to the Commissioner.

3. Can I appeal a decision made by the Deputy Commissioner?

Yes, you can appeal a Deputy Commissioner's decision to the Commissioner, but you must do so within six weeks.

4. What happens if I don't appeal within the six week time limit?

The original decision made by the Manager (or Deputy Commissioner) becomes final and cannot be changed.

Test yourself

Q1.Under Section 10 of The Chutia Nagpur Encumbered Estates Act, 1876, what is the time limit for preferring an appeal against a Manager's decision?

Q2.According to Section 10 of The Chutia Nagpur Encumbered Estates Act, 1876, to whom does a person appeal if the Deputy Commissioner is serving as the Manager?

Q3.Under Section 10 of The Chutia Nagpur Encumbered Estates Act, 1876, which of the following sections' decisions can be appealed?

Q4.What is the status of a decision made by the Commissioner under Section 10 of The Chutia Nagpur Encumbered Estates Act, 1876?

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