Sec 44 to 56 Chapter V (Appeal, Revision and Review)The Madhya Pradesh Land Revenue Code Act, 1959

44. Appeal and appellate authorities.—

(1) Save where it has been otherwise provided, an appeal shall lie from every original order under this Code or the rules made there under—

(a) If such order is passed by any Revenue Officer subordinate to the Sub-Divisional Officer, whether or not the officer passing the order is invested with the powers of the Collector—to the Sub-Divisional Officer;

(b) If such order is passed by the Sub-Divisional Officer, whether or not invested with the powers of the Collector—to the Collector;

(c) If such order is passed by any Revenue Officer subordinate to the Settlement Officer — to the Settlement Officer;

(d) If such order is passed by any Revenue Officer in respect of whom a direction has been issued under sub-section (3) of Section 12 or sub section (2) of Section 21— to such Revenue Officer as the State Government may direct;

(e)  If such order is passed by a Collector whether exercising the powers of Collector or Settlement Officer, during the currency of the term of settlement — to the Commissioner;

(f) If such order is passed by a Settlement Officer, whether exercising the powers of Settlement Officer or the powers of a Collector in connection with any settlement operation unless otherwise expressly provided— to the Settlement Commissioner;

(g) If such order is passed by the Commissioner or the Settlement Commissioner—to the Board.

(2) Save as otherwise provided a second appeal shall lie against every order passed in first appeal under this Code or the rules made thereunder —

(i) by the Sub-Divisional Officer or the Collector to the Commissioner;

(ii) by the Settlement Officer to the Settlement Commissioner;

(iii) by the Commissioner to the Board — 

(a) if the original order has in the first appeal been varied or reversed otherwise than in a matter of cost;

(b) or on any of the following grounds and no other, namely :—

(i) that the order is contrary to law or usage having the force of law;

(ii) or that the order has failed to determine some material issue of law or usage having force of law;

(iii) or that there has been a substantial error or defect in the procedure as prescribed by this Code,which may have produced error or defect in the decision of the case upon merits.

(3) An order passed in review varying or reversing any order shall be appealable in like manner as the original order.

45. Transfer of certain pending proceedings to Settlement Commissioner. —

All proceedings arising from the Madhya Bharat region and pending before 'the Director of Land Records in appeal, revision or review immediately before the coming into force of this Code, shall stand transferred to the Settlement Commissioner and every such proceeding shall be heard and decided by the Settlement Commissioner as if it had been entertained by him under the provisions of this Code.

46. No appeal against certain orders.—

No appeal shall lie under this Code from an order —

(a) admitting an appeal or application for review on the grounds specified in Section 5 of 2[the Limitation Act, 1963 (36 of 1963)1; or

(b) rejecting an application for review; or 36

(c) granting or rejecting an application for stay; or

(d) of an interim nature;

(e)  or relating to appointment under sub-section (2) of Section 104 or sub section (1) of Section 106.1

47. Limitation of appeals.—

No appeal shall lie —

(a) to the Sub-Divisional Officer or Collector or Settlement Officer or Settlement Commissioner, after the expiration of 3[thirty days] from the date of the order to which objection is made; or

(b) to the Commissioner after the expiration of 4[forty-five days] from such date; or

(c) to the Board, after the expiration of Isixty days] from such date

Provided that where the order, against which the appeal is being preferred, made before the coming into force of the Madhya Pradesh Land Revenue Code (Amendment) Act, 2011, in such case appeal shall be entertained within the time limit provided in the Code prior to this said Amendment Act:]

Provided further that where a party, other than a party against whom the order has been passed ex-parte, had no previous notice of the date on which the order is passed, limitation under this section shall be computed from the date of the communication of such order.

48. Copy of order objected to accompany petition.—

Every petition for appeal, review or revision shall be accompanied by a certified copy of the order to which objection is made unless the production of such copy is dispensed with.

49. Power of appellate authority.—

(1) The appellate authority may either admit the appeal or, after calling for the record and giving the appellant an opportunity to be heard, may summarily reject it.

Provided that the appellate authority shall not be bound to call for the record where the appeal is time-barred or does not lie.

(2) If the appeal is admitted date shall be fixed for hearing and notice shall be served on the respondent.

(3) After hearing the parties, the appellate authority may confirm, vary or reverse the order appealed against, or may take such additional evidence as it may consider necessary for passing its order

Provided that the appellate authority shall not remand the case for disposal by any Revenue Officer subordinate to it :

Provided further that all such cases which have been remanded to the Sub ordinate Revenue Officers by the Appellate or Revisional Authorities before the commencement of the Madhya Pradesh Land Revenue Code (Amendment) Act, 2011 shall be heard and decided by such Revenue Officer.

50. Revision.—

(1) The Board may, at any time on its motion or on the application made by any party or the Collector or the Settlement Officer may, at any time on his motion, call for the record of any case which has been ,decided or proceeding in which an order has been passed by any Revenue Officer subordinate to it or him and in which no appeal lies thereto, and if it appears that such subordinate Revenue Officer,—

(a) has exercised a jurisdiction not vested in him by this Code, or

(b) has failed to exercise a jurisdiction so vested, or

(c) has acted in the exercise of his jurisdiction illegally or with material irregularity

the Board or the Collector or the Settlement Officer may make such order in the case as it or him thinks fit

Provided that the Board or the Collector or the Settlement Officer shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of the proceeding, except where,—

(a) The order, if it had been made in favour of the party applying for revision to the Board, would have finally disposed of the proceedings, or  

(b) The order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.

(2) The Board or Collector or the Settlement Officer shall not, under this section vary or reverse any order against which an appeal lies either to the Board or to any Revenue Officer subordinate thereto.

(3) A revision, shall not operate as a stay of proceeding before the Revenue Officer except where such proceeding is stayed by the Board or the Collector or the Settlement Officer, as the case may be.

(4) No application for revision shall be entertained, —

(a) against an order appealable under this Code;

(b) against an order to the Settlement Commissioner under Section 210;

(c) unless presented within sixty days to the Board :

Provided that where the order, against which the application for revision is being presented, made before the coming into force of the Madhya Pradesh Land Revenue Code (Amendment) Act, 2011, in such case revision shall be entertained within ninety days from the date of order.

(5) No order shall be varied or reversed in revision unless notice has been served on the parties interested and opportunity given to them of being heard.

(6) Notwithstanding anything contained in 'sub-section (1),—

(i) where proceedings in respect of any case have been commenced by the Board under sub-section (1), no action shall be taken by the Collector or the Settlement Officer in respect thereof;

(ii)  where proceeding in respect of any such case have been commenced by the Collector or the Settlement Officer under sub-section (1), the Board may either refrain from taking any action under this section in respect of such case until the final disposal of such proceedings by the Collector or the Settlement Officer, as the case may be, or may withdraw such proceedings and pass such order as it may deem fit. 

51. Review of orders.—

(1) The Board and every Revenue Officer may, either on its/his own motion or on the application of any party interested review any order passed by itself/himself or by any of its/his predecessors in office and pass such order in reference thereto as it/he thinks fit:

Provided that —

if the Commissioner, Settlement Commissioner, Collector or Settlement Officer thinks it necessary to review any order which he has not himself passed, he shall first obtain the sanction of the Board, and if an officer subordinate to a Collector or Settlement Officer proposes to review any order, whether passed by himself or by any predecessor, he shall first obtain the sanction in writing of the authority to whom he is immediately subordinate;]

(i-a) no order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard in support of such order;

(ii) no order from which an appeal has been made, or which is the subject of any revision proceedings shall, so long as such appeal or proceedings are pending be reviewed;

(iii) no order affecting any question of right between private persons shall be reviewed except on the application of a party to the proceedings, and no application for the review of such order shall be entertained unless it is made within 3[sixty days] from the passing of the order :

Provided that where the order, against which the application for review is being presented, made before the coming into force of the Madhya Pradesh Land Revenue Code (Amendment) Act, 2011, in such case review shall be entertained within ninety days from the date of order.]

(2) No order shall be reviewed except on the grounds provided for in the Code of Civil Procedure, 1908 (V of 1908).

(3) For the purposes of this section, the Collector shall be deemed to be the successor in office of any Revenue Officer who has left the district or who has 40 ceased to exercise powers as a Revenue Officer and to whom there is no successor in the district.

(4)An order which has been dealt with in appeal or on revision shall not be reviewed by any Revenue Officer subordinate to the appellate or revisional authority.

52. Stay of execution of orders.-

(1) A Revenue Officer who has passed any order or his successor in office may, at any time before the expiry of the period prescribed for appeal or revision, direct the execution of such order to be stayed for such time as may be requisite for filing an appeal or revision and obtaining a stay order from the appellate or revisional authority.

(2) The appellate or revisional authority may, at any time direct the execution of the order appealed from or against which a revision is made to be stayed for such time as it may think fit: Provided that the execution of order shall not be stayed for more than three months at a time or until the date of next hearing, whichever is earlier.]

(3) The authority exercising the powers conferred by Section 50 or Section 51 may direct the execution of the order under revision or review to be stayed for such time as it may think fit :

Provided that the execution of order shall not be stayed for more than three months at a time or until the date of next hearing, whichever is earlier.]

(4) The Revenue 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.

(5) No order directing the stay of execution of any order shall be passed except in accordance with the provisions of this section.

53. Application of limitation Act.-

Subject to any express provision contained in this Code, the provision of [the Limitation Act, 1963 (36 of 1963) shall apply to all appeals and applications for [review and revision] under this code.

54. Pending revisions-

Notwithstanding anything contained in this chapter, all proceeding pending in revision before any Revenue Officer immediately before the coming into force of the Madhya Pradesh Land Revenue code (Amendment) Act,2011 shall be heard and decided by such Revenue Officer as if this Amendment Act had not been passed.]

55. Application of Chapter.—

For avoidance of doubt, it is hereby declared that save as otherwise expressly provided in this Code, the provisions of this Chapter shall apply to —

(a) all orders passed by any Revenue Officer before the date of coming into force of this Code and against which no appeal or revision proceedings are pending before such date; and

(b) all proceedings before Revenue Officers, notwithstanding that they were instituted or commenced or arose out of proceedings instituted or commenced before the coming into force of this Code.

56. Construction of order.—

In this Chapter, unless the context otherwise requires, expression "order" means the formal expression of the decision given by the Board or a Revenue Officer in respect of any matter in exercise of its/his powers under this Code or any other enactment for the time being in force, as the case may be.