Sec 74 to 87 Chapter V (Appeal, Reference, Revision and Review ) The Rajasthan Land Revenue Act, 1956.

74. Appeal to be as followed by this Act –

Notwithstanding any law for the time being in force, no appeal shall lia from any 46[xxx] order passed by any revenue court or officer except as provided in this Act.

75. First Appeals –

(1) Save when otherwise provided in this Act, a first appeal shall lie –

47[(a) to the Collector from an original order passed by a Tehsildar in matters not connected with settlement or land records.

(b) to the 48(revenue appellate authority) from an original order passed by an Assistant Collector or a Sub-Divisional Officer or a Collector in maters not connected with settlement.]

(c) to the Settlement Officer from an original 49[xxx] order passed by a revenue court or officer subordinate to him.

(d) to the Land Records Officer an original 49[xxx] order passed by a revenue court or officer subordinate to him.

(e) to the Settlement Commissioner from an original 49[xxx] order passed by a Settlement Officer or by a Collector in matters connected with Settlement.

(f) to the Director of Land Records from an original 49[xxx] order passed by a Land Records Officer in matters connected with land records, and

(g) to the Board from an original 50[xxx] order passed by the 50[Commissioner or Additional Commissioner, the] 48[revenue appellate authority], the Settlement Commissioner 50[xxx].

(47 Subs. by clause (i) (a) of Sec. 4 of Raj. Act No. 33 of 1959, Published in Raj. Gaz. Part IV-A, Ex.-ord., dt. 30-6-1959. 48. Subs. vide item No. 16, the Schedule of Raj. Act No. 8 of 1962, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 23-4-1962. 49. Omitted by clause (i)(b) of Sec. 4 – ibid. 50. Omitted by clause (ii) of Sec. 4 – ibid. )

76. Second Appeals –

51[xxx] An appeal shall lie from [an order] passed in appeal -

(a) by a Collector in 52[xxx] matters not connected with settlement or land records, - to the 53[revenue appellate authority], or

(b) by a Settlement Officer acting under Section 181, to the Settlement Commissioner, or (c) by a Land Records Officer – to the Director of Land Records, or

(d) by the 54[Commissioner or the] [revenue appellate authority] or the Settlement Commissioner 51[xxx] to the Board.

51[(2) xxx].

(51. Omitted and Substituted by Sec. 5 of Raj. Act No. 33 of 1956, published in Raj. Ga. Part IV-A, Ex-ord., dt. 30-6-1956. 52. Substituted by Sec. 6 – ibid. (Page 109 53. Substituted vide item No. 16 of the Schedule of Raj. Act No. 8 of 1962, published in Raj. Gazettee Part IV-A, Ex-ord, dt. 23-4-1962. ).

77. No appeal in certain cases –

55(1) No appeal shall lie –

(a) from an order admitting an appeal or application for review on the ground specified in Sec. 5 of the Indian Limitation Act, 1908 (Central Act IX of 1908), or

(b) from an order rejecting an application for revision or review, or

(c) from an order which is expressly declared by this Act to be fina, 55[or]

55[(d) from an interim order, and

(2) The provision of sb-section (1) shall apply to all applications or proceedings pending on the date of the commencement of the Rajasthan Revenue Laws (Amendment) Ordinance, 1975 (Ordinance No. 13 of 1975)].

(3) All pending appeals against interim order, whether under Section 75 or under Section 76, shall abate on the date of the commencement of the Rajasthan Revenue Laws (Amendment) Ordinance, 1975 (Ordinance No. 13 of 1975)].

(54. Inserted by Act No. 10 of 1987, w.e.f. 31-1-1987, pub. inRaj. Gaz. Ex-ord. 4(Ka), dt. 9-4-1987, Pages 43-50. 55. Amended vide Sec. 4 of Raj. Act No. 4 of 1976, pub. in Raj. Gaz. Part 4(Ka), dt. 31-1-76, on Page 85, the date of commencement of the Ordinance in 15-8-1975.

78. Limitation for appeals –

No appeal shall lie –

(a) to the Collector or Land Records Officer or Settlement Officer after the expiration of thirty days from the date of the 56[xxx] order to which objection is made; or

(b) to the 57[revenue appellate authority] or Settlement Commissioner or the Director of Land Records after the expiration of sixty days from such date; or

(c) to the Board after the expiration of ninety days from such date.

(56. Omitted by S. 7 of Act No. 33 of 1959. 57. Subs. vide item No. 16 of the Schedule Raj. Act No. 8 of 1962, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 23-4-1962.)

79. Copy of 58[xxx] order objected to, to accompany petition –

Every petition for appeal shall be accompanied by a certified copy of the 58[xxx] order to which objection is made, unless the production of such copy is dispensed with.

(58. Omitted and substituted by Sec. 5 of Raj. Act No. 33 of 1959, pub. in Raj. Gaz. Part IV-A, Ex-ord. dt. 30-6-1959. )

80. 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 hard 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.

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

(3) After hearing the parties, if they appear, the appellate authority may confirm, vary or reverse the [xxx] order appealed against; or may direct such further investigation to be made or such additional evidence to be taken, as it may think necessary; or may itself take such additional evidence; or may remand the case for disposal with such directions, as it thinks fit.

81. Power to stay execution of 59[xxx] orders of lower court –

(1) If an appeal is admitted, the appellate authority may, pending the result of the appeal, direct the execution of the 59[xxx] order appealed from to be stayed.

(2) A revenue court or officer passing any 59[xxx] order may direct the execution of such 59[xxx] order to be stayed at any time before the expiry of the period prescribed for appeal, if no appeal has been filed.

(3) If execution of any 59[xxx] order is stayed under sub-section (1) or sub-section (2), such security may be taken or conditions imposed as the appellate authority or the revenue court or officer thinks fit.

(59. Omitted by Sec. 7 of Rajasthan Act No. 33 of 1959, Published in Raj. Gaz., Part IV-A, Extra-ord., dt. 30-6-1959. )

82. Power 60[xxx] to call for records and proceedings and reference to State Government of Board –

60[xxx] The Settlement Commissioner or the Director of Land Records 61[or a Collector] may call for and examine the record of any case decided or proceedings held by any revenue court or officer subordinate to him for the purpose of satisfying himself as to the legality or properiety of the order passed and as to the regularity of proceedings; and, if he is of opinion that the proceedings taken or order passed by such subordinate court or officer should be varied cancelled or reversed, he shall refer the case with his opinion thereon for the orders of the Board, if the case is of a judicial nature or connected with settlement, or for the orders of the State Government if the case is of a non-judicial nature not connected with Settlement; and the Board or the State Government, as the case may be, shall thereupon pass such order as it thinks fit.

(60.Omitted vide item No. 16 of the Schedule of Raj. Act No. 8 of 1962, pub. on dt. 23-4-1962.

61. Ins. vide Sec. 8 of Raj. Act No. 18 of 1963, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 2-10-1963. )

83. Power of Government to call for records and revise orders –

The State government may call for the record of any non-judicial proceedings not connected with settlement held by any officer subordinate to it and may pass thereon such orders as it thinks fit.

84. Power of Board to call for records and revise orders –

The Board may call for the record of any case of a judicial nature or connected with settlement in which no appeal lies to the Board if the court or officer by whom the case was decided appears to have exercised a jurisdiction not vested in it or him by law, or to have exercise jurisdiction so vested, or to have acted in the exercise of its or his jurisdiction illegally or with material irregularity, and may pass such orders in the case as it thinks fit.

85. Hearing –

No order under Section 82 or Section 83 or Section 84 shall be passed to the prejudice of any person unless such person has had an opportunity of being heard.

85.A 62[Review by the State Government –

The State Government may of its own motion or on the application of a party to a proceeding, review and may rescind; alter or confirm any order made by it under this Act.]

(62. Ins. by S. 2 of Rajasthan Act No. 26 of 1960, pub. in Rajpatra, Part IV-A, E-O, dt. 14-9-1960.)

86. Review by the Board and other Courts –

(1) The Board of its own motion, or on application of a party to a suit or other proceeding may reivew and may rescind, alter or confirm any 63[xxx] order made by itself or by any of its members.

(2) Even other revenue court or officer may either on its or his own motion, or on application of any party interested, review any 63[xxx] order passed by itself or himself or by any of its or his predecessors in office and pass such orders in reference thereto as it or he thinks fit:

Provided that –

(i) no 63[xxx] order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard in support of such [xxx] order;

(ii) no 63[xxx] 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;

(iii0 no 63[xxx] 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 63[xxx] order shall be entertained unless it is made within ninety days from the passing of the 63[xxx] order.

(3) An application for review under this section shall lie on any of the grounds mentione din rule 1 of Order XLVII of the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908) and the provisions of the said order shall, subject to the provisions containe din sub section (1) or sub-section (2), be applicable.

(63. Omitted by Section 7 of Rajasthan Act No. 33, of 1959, published in Raj. Gaz. Part IV-A, Ex.-ord. dated 30-6-1959.)

87. Application of Act IX of 1908 -

The provisions of the Indian Limitation Act, 1908 (Central Act IX of 1908), shall apply to all appeals and applications for review under this Act.

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