Sec 6 to 19A (Chapter II Revenue Officers) The Jammu and Kashmir Land Revenue Act, 1996

1 [6. Classes of Revenue Officers.––

(1) There shall be the following classes of Revenue officers namely: —

(a) the Financial Commissioner ;

(b) the 2 [Divisional Commissioner ;]

(c) the Collector ;

(d) the Assistant Collector of the first class ;

(e) the Assistant Collector of the second class.

1 [(2) The Deputy Commissioner and the Additional Deputy Commissioner of a District shall be the Collector thereof ; and a Sub-Divisional Magistrate, an Assistant Commissioner and a Tehsildar shall be an Assistant Collector of the First Class and a Naib-Tehsildar an Assistant Collector of the Second Class].

(3) Unless the Government issues a notification to the contrary, the jurisdiction of the Financial Commissioner shall extend to the whole of the 2 [Union territory of Jammu and Kashmir] and of 3 [Divisional Commissioners] to the Provinces and of Collectors and Assistant Collectors to the Districts and Tehsils respectively in which they are employed.

(4) The Government may by notification confer on any person—

(a) all or any of the powers of a Financial Commissioner, 3 [Divisional Commissioner] or Collector under this Act, or

(b) all or any of the powers with which an Assistant Collector may be invested thereunder; and may by notification withdraw any powers so conferred.

(5) A person on whom powers are conferred under sub-section (4) shall exercise these powers within such local limits and in such classes of cases as the Government may direct and, except as otherwise directed by the Government, shall, for all purposes connected with the exercise thereof, be declared to be a Financial Commissioner, 3 [Divisional Commissioner], Collector or Assistant Collector, as the case may be.

4 [(5-a) The Government may, by notification in the 5 [Official Gazette], confer on an Assistant Commissioner or Assistant Settlement Officer the powers of Collector and such Collector shall exercise those powers in respect of such cases under this Act or any other law for the time being in force as may be transferred to him by the Collector from time to time.]

(6) The 3 [Divisional Commissioner] and the Collector, shall respectively include the Settlement Commissioner and Settlement Officer and the Assistant Collector of the first class shall include Assistant Settlement officer and the Settlement Tehsildar, and Assistant Collector of the second class shall include the Settlement Naib Tehsildar :

Provided that, the jurisdiction of Settlement Commissioner Settlement officers, Assistant Settlement officers, Settlement Tehsildars and Naib Tehsildars shall extend only to the tracts under settlement :

Provided further that, the officers other than those specified in the first proviso shall, unless otherwise directed by the Government, not exercise jurisdiction in regard to cases arising out of Settlement operations.] 1

[6A. Combination of offices.––

It shall be lawful for the Government or the authority competent, as the case may be, to appoint one and the same person, being otherwise competent according to law for any two or more of the offices or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise, as it may deem expedient.]

7. Omitted.
8. Control.––

(1) The general superintendence and control over all Revenue offices shall be vested with the 3 [Board].

4 [(2) The 5 [Divisional Commissioner,] the Collectors and Assistant Collectors shall be subordinate to and under the control of the Financial Commissioner.

(3) Subject to the control of the Financial Commissioner, the Collectors shall be subordinate to and under the control of a 5 [Divisional Commissioner].

(4) Subject as aforesaid and to the control of the 5 [Divisional Commissioner,] all other Revenue officers in his district shall be subordinate to and under the control of a Collector].

6 [(5) Subject as aforesaid and to the control of Collector, an Assistant Collector of the second class shall be subordinate to and under the control of an Assistant Collector of the first class].

7 [9. Power to distribute business.––

(1) 8 [The Board, the Financial Commissioner], the 5 [Divisional Commissioner] or the Collector may by order in writing distribute in such manner as he thinks fit any business cognizable by any Revenue Officer under his control.

(2) All Revenue Officers shall exercise the powers vested in them within the local limits of their jurisdiction. An Assistant Commissioner in a district and a Naib Tehsildar in a tehsil shall exercise jurisdiction within the whole of the district or tehsil, as the case may be, subject to such distribution as may be made by the Deputy Commissioner or Tehsildar respectively.

10. Power to withdraw and transfer cases.––

The Financial Commissioner or a 1 [Divisional Commissioner] or a Collector may withdraw any case pending before any Revenue officer under his control and either dispose of it himself, or by written order refer it for disposal to any other Revenue Officer under his control].

2 [10-A. Exercise of powers by Revenue officers.––

An order under section 9 or section 10 shall not empower any officer to exercise any powers or deal with any business which he would not be competent to exercise or deal with within the local limits of his own jurisdiction.]

Appeals

3 [11. Appeals.––

Save as otherwise provided by this Act, an appeal shall lie from an original or appellate order of a Revenue officer as follows, namely: —

(a) to the Collector when the order is made by an Assistant Collector of either class ;

(b) to the 1 [Divisional Commissioner] when the order is made by a Collector ;

(c) to the Financial Commissioner when the order is made by a 1 [Divisional Commissioner] :

Provided that,—

(1) where an original order is confirmed on first appeal, no further appeal shall lie except on the grounds mentioned in clauses (a), (b) and (c) of subsection (1) of section 100 of the 4 [Code of Civil Procedure, 1908 (5 of 1908)] ;

(2) where any such order is modified or reversed on appeal by the Collector, the order made by the 1 [Divisional Commissioner] on further appeal, if any, to him shall be final ;

(3) the Government may especially empower an Assistant Collector of the first class to hear appeals against the orders of an Assistant Collector of the second Class.]

12. Limitation for appeals, revisions and reviews.––

(1) 2 [Save as otherwise provided in this Act] the period of limitation for an appeal under the last foregoing section shall he as follows: —

(a) When the appeal lies to the 3 [Collector or an Assistant Collector of the first class] … 60 days ;

(b) When the appeal lies to 4 [x x x] the 5 [Financial Commissioner] or 1 [Divisional Commissioner] … 90 days.

6 [x x x x]

(2) Such provisions of the Limitation Act as apply to appeals, applications for revision and review in civil suits shall also apply to appeals, applications for revision and review under this Act.

Review and Revision

13. Review by Revenue Officers.––

(1) A Revenue Officer may, either of his own motion or on the application of any party interested, review and on so reviewing modify, reverse or confirm, any order passed by himself or any of his predecessors in office :

Provided as follows: —

(a) when 8 [the Board], a 9 [Divisional Commissioner] or Collector thinks it necessary to review any order which he has not himself passed, and when a Revenue Officer of a class below that of Collector proposes to review any order, whether passed by himself or by any of his predecessors in office, he shall first obtain the sanction of the Revenue Officer to whose control he is immediately subject ;

(b) an application for review of an order shall not be entertained unless it is made within ninety days from the passing of the order, or unless the applicant satisfies the Revenue Officer that he had sufficient cause for not making the application within that period ;

(c) an order shall not be modified or reversed unless reasonable notice has been given to the parties affected thereby to appear and be heard in support of the order ;

(d) an order against which an appeal has been preferred shall not be reviewed.

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

(3) An appeal shall not lie from an order refusing review or confirming on review a previous order.]

14. Omitted.

2 [15. Power to revise orders.––

(1) The 3 [Financial Commissioner] may at any time call for the record of any case pending before or disposed of by any Revenue Officer under 4 [his control].

(2) The 5 [Divisional Commissioner] may call for the record of any case pending before or disposed of by any Revenue Officer subordinate to him.

(3) If in any case in which, the 5 [Divisional Commissioner] has called for a record he is of opinion that the proceedings taken or order made should be modified or revised he shall report case with his opinion thereon for the orders of the 3 [Financial Commissioner.]

1 [(4) The Financial Commissioner may, in any case called for by him under sub-section (1) or reported to him under sub-section (3), pass such order as he thinks fit :

Provided that, he shall not under this section pass an order reversing or modifying any proceeding or order of a subordinate officer affecting any question of right between private persons without giving those persons an opportunity of being heard.]

15-A. Power of Revenue officer to summon persons.––

(1) A Revenue officer may summon any person whose attendance he considers necessary for the purpose of any business before him as a Revenue officer.

(2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in person or if the summons so allows, by his recognised agent or by a legal practitioner holding authority granted by the High Court to appear and act in Civil Courts.

(3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes statements and to produce such document and other things relating to any such matter as the Revenue officer may require.

15-B. Mode of service of summons. ––

(1) A summons issued by a Revenue officer shall, if practicable, be served (a) personally on the person to whom it is addressed, or failing him, (b) on his recognised agent, or (c) on an adult male member of his family usually residing with him.

(2) If service cannot be so made, or if acceptance of service so made is refused, the summons may be served by posting a copy thereof at the usual or last known place of residence of the person to whom it is addressed or if that person does not reside in the district in which the Revenue officer is employed, and the case to which the summons relates has reference to land in that District, then by posting a copy of the summons on some conspicuous place in or near the estate wherein land is situate.

(3) If the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, it the Revenue officer so directs, be served by delivery of a copy thereof to such of those persons as the Revenue officer nominates in this behalf, and by proclamation of the contents thereof for the information of the other persons interested.

(4) India Act V1 of 1898.––

A summons may, if the Revenue officer so directs, be served on the person named therein, either in addition to or in substitution for any other mode of service, by forwarding the summons by post in a letter addressed to the person and registered under the Indian Post Office Act, 1898.

(5) When a summons is so forwarded in a letter and it is proved that the letter was properly addressed and duly posted and registered, the Revenue officer may presume that the summons was served at the time when the letter would be delivered in the ordinary course of post.

15-C. Mode of service of notice, order or proclamation or copy thereof.––

A notice, order or proclamation or copy of any such document issued by a Revenue officer for service on any person shall be served in the manner provided in the last forgoing section for the service of a summons.

15-D. Mode of making proclamation.––

When a proclamation relating to any land is issued by a Revenue officer, it shall in addition to any other mode of publication which may be prescribed in any provision of this Act, be made by beet of drum, or other customary method and by the posting of a copy thereof on a conspicuous place in or near the land to which it relates.

16. Persons by whom appearances and applications may be made before and to Revenue officers. ––

(1) Appearances before a Revenue officer and applications to and acts to be done before him under this Act, may he made or done —

(a) by parties themselves, or

(b) by persons holding general or special powers of attorney on behalf of such party, or

(c) by any class of legal practitioners holding authority granted by the High Court to appear and act in Civil Courts :

Provided that, any Revenue officer may in any case for reasons to be recorded by him, require the personal attendance of any party :

Provided also that, no pardah-nashin lady or person who is exempted from personal appearance in a Civil Court shall be required to appear in person :

1 [Provided further that when the Financial Commissioner or the Settlement Commissioner is holding office in a Province other than the one to which an appeal, review or revision pertains, such appeal, review or revision may be presented before a local Revenue Officer of the highest rank at the station for transmission to Financial Commissioner or the Settlement Commissioner, as the case may be,]

2 [(d) by such class of retired Revenue officer not below the rank of a Tehsildar who has functioned as such for a period of not less than ten years and is conversant with laws relating to the Revenue Department holding license issued by such authority, in such manner, subject to such conditions and on payment of such fees as may be prescribed by rules made by the Government.]

Supplementary Provisions

17. Place of sitting.––

A Revenue officer may for exercising his powers under this Act sit at any place within the local limits of his jurisdiction.

18. Holidays.––

Any proceeding of a Revenue officer held on a day declared to be a holiday shall not be invalid by reason only of the fact that it was held on such day.

19. Retention of powers by Revenue officer on transfer.––

When a Revenue officer of any class who has been invested under the foregoing provisions of this Act with any powers to be exercised in any local area is transferred from that local area to another as a Revenue officer of the same or a higher class, he shall continue to exercise those powers in that other local area unless the Government otherwise directs. 1 [x x x x].

2 [19-A. Power to refer for enquiry and report.––

A Revenue officer may refer a case which he is empowered to dispose of under this Act to another Revenue officer subordinate to him for enquiry and report, and may decide the case upon such enquiry and report.]