State Act

The Maharashtra Land Revenue Code, 1966

256. Stay of execution of orders.— (1) A revenue or survey officer who has passed any order or his successor in office may, at any time before the expiry of the period prescribed for appeal, direct the execution of such order to be stayed for such time as he thinks fit, provided no appeal has been filed. (2) The appellate authority may, at any time, direct the execution of the order appealed from, to be stayed for such time as it may think fit : 2[Provided that, where an order against which appeal is preferred involves payment of any amount to the Government, the execution of such order shall not be stayed unless the appellant deposits twenty-five per cent. of such amount payable to the Government under the order impungned : Provided further that, in exceptional cases, the appellate authority may, after recording the reasons in writing therefor, suitably reduce such amount of deposit : Provided also that, the amount to be deposited by the appellant as specified above shall be adjusted against the amount found payable to the Government under the final orders passed in appeal and in case the amount finally found payable to the Government is less than the amount deposited by the appellant, the excess amount shall be refunded to the Appellant without any interest.] (3) The authority exercising the powers of revision or review may direct the execution of the order under revision or review, as the case may be, to be stayed for such time as it may think fit : 3[Provided that, where an order against which application for revision or review is filed involves payment of any amount to the Government, execution of such order shall not be stayed unless the applicant deposits twenty five per cent. of such amount payable to the Government under the order impugned : Provided further that, in exceptional cases, the authority exercising the powers of revision or review may, after recording the reasons in writing therefor, suitably reduce such amount of deposit : Provided also that, the amount deposited by the applicant as aforesaid shall be adjusted against the amount found payable to the Government under the final orders passed in revision or review proceedings and in case the amount finally found payable to the Government is less than the amount deposited by the applicant, the excess amount shall be refunded to the applicant without any interest : Provided also that, the provisions contained in the above provisos shall not be applicable in case the authority exercises the powers of revision or review of any order suo motu.] (4) The appellate authority or the authority exercising the powers of revision or review may set aside or modify any direction made under sub-section (1). (5) The revenue or survey officer or the authority directing the execution of an order to be stayed may impose such conditions or order such security to be furnished as he or it thinks fit. (6) No order directing the stay of execution of any order shall be passed, except in accordance with the provisions of this section.