OFFICE
OF THE DEPUTY COMMISSIONER,
SANGRUR
THE
NORMS SET BY IT FOR THE DISCHARGE OF ITS FUNCTIONS.
(Telephone No. 01672-234004,
Fax No. 01672-230008)
Authored
by:-
M.P.
Arora, PCS)
ADC (R) ,
Sangrur
Sangrur (
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The Right to Information
Act, 2005
Manual:4 The norms set by it for the discharge of its
functions
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REVENUE AND REHABILITATION
DEPARTMENT
The norms set by it for the discharge of its
functions.
According
to section 6 of the Punjab Land Revenue Act 1887, there are following classes
of the Revenue Officers namely
(a)
The Financial Commissioner
(b)
The Commissioner
(c)
The Collector
(d)
The Asstt. of the Ist Grade
(e)
The Asstt. of the IInd Grade
(2) The Deputy Commissioner of a
district shall be the Collector thereof.
(3) The State Govt. may appoint any
Assistant Commissioner, Extra Assistant Commissioner or Tehsildar
to be an Assistant Collector of the first or the second Grade as it thinks fit,
any Naib Tehsildar to be an
Assistant Collector of the Second Grade
(4) Appointment under sub section
(3) shall by notification and may be of a person specially by name or by virtue
of his office or of more persons then one by any description sufficient for
their identification.
(5) Subject to the provision of this
Act, the jurisdiction of the Financial Commissioner extends to the whole of
territories administration by the State Govt. of Punjab and of Commissioners
and of Collectors and Assistant Collectors of the divisions and district
respectively in which they are for the time being employed and also as per para 206 of the Punjab Land Administration Manual:- To aid
Deputy Commissioner and Commissioners in the maintenance of records of rights
and revenue registers and to advice the Financial Commissioner and Govt. and
these matters and measures for promotion of agricultural efficiency an officer
known as the Director Land Record is appointed. He has no administrative
functions, his business is to inspect advise record and report. Thus
appointment, therefore is in no way intended to be set aside or lessen the
powers and responsibilities belonging to the Deputy Commissioner and
Commissioners and to the Financial Commissioner in connection with every branch
of revenue administration. Paragraph 207 of the Punjab Land Administration
Manual describe the principal duties of the Director Land Records. He does not
posses any judicial power in the hierarchy of revenue officers. He is concerned
with mostly Ministerial functions, like supervision of Patwari
and Kanungo
Agency, inspection of records of right mutation fees, crop prices and
weather reports, rain gauges etc. He is also the Director of Consolidation and
Holdings and deals with the cases regarding consolidation.
As per section 10 of the Punjab Revenue
Act, 1887, except where the class of the Revenue Officer by whom any function
is to be discharged is specified in this Act. The State Govt. may be
notification determine the functions to be discharged under this Act by any
class of Revenue Officers.
The powers of various
Revenue Officers have been also described in paragraphs Nos. 249,250 and 251 of the
As per section 11 of
the Punjab Land Revenue Act:-
1.
The Financial Commissioner shall be subject to the
control of the State Govt.
2.
The general Superintendence and control over all other
Revenue Officers shall be vested in , and all such officers shall be
subordinate to the Financial Commissioner.
3.
Subject to general Superintendence and control of the
Financial Commissioner, a Commissioner shall control all other Revenue Officers
in his division.
4.
Subject as aforesaid and to the control of
Commissioner a Collector shall control all other Revenue Officers.
Powers
to distribute business and withdraw and transfer cases
As
per section 12 of the Punjab Land Revenue Act, 1887:-
1. The
Financial Commissioner or a Commissioner or a Collector may be written order
distribute in such manner as the thinks fit any Revenue Officers under his
control.
2.
The Financial Commissioner or Commissioner or
Collector may withdraw any case pending before any Revenue Officers 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.
3.
Any order under sub section (1) or sub section (2)
shall not empower or deal with any business which he would not be competent to
exercise or deal with within the local limits of his own jurisdiction.
Powers and functions of various
Revenue Officers
There
are various types of functions being performed by Revenue Officers e.g. collection of land revenue. Recovery
against Recovery Certificate received from other departments which are declared
as arrears of land revenue by the Collector under Punjab Revenue Recovery Act,
1890, appointment of Lambardars, inspection of girdawari work , preparation of annual revenue record,
mutation work to keep the revenue record
upto date . Partition cases u/s 111 to 126 of the
Punjab Land Revenue Act, 1887, now to maintain survey marks. To perform the
functions beside Financial Commissioner, Commissioner, Collector, Sub
Divisional Magistrate, Tehsildar and Naib Tehsildars. Tehsildars have also been appointed Assistant Collectors of
the Ist Grade. The Punjab Govt. vide notification
No.4043-G-42/32886 dated 27.5.42 while all the Naib Tehsildars have been appointed as Asstt.
Collector 2nd Grade with No.730 dated 1.11.87.
The
order passed by the various revenue officers are appealable
also subject to review and revision. Where that is a case mutation, partition,
correction of girdawari , appointment of Lambardars etc. and
as per section 13 of the Punjab Land Revenue Act, 1887
Save as
otherwise provided by this Act an appeal shall lie from an original or appealable orders of a revenue officer as follows namely:-
(a)
To the Collector when the order is made by an Asstt. Collector of either grade.
(b)
To the Commissioner when the order is made by a
Collector.
(c)
To the Financial Commissioner, when the order is made
by the Commissioner provided that:-
(i)
when the original order is confirmed on first appeal a
further appeal shall not lie
(ii)
when any such order is modified on revered an appeal
by the Collector the order made by the Commissioner on further appeal, if any,
to him shall be final.
As per section 14 of the Punjab Land Revenue Act, 1887 'Save
as otherwise provided by the Act, the period of limitation for an appeal under
the last foregoing section shall seen from the date of the order appealed
against and shall be as follows, that is to say
(a)
when the appeal lies to the Collector-----30 days
(b)
when the appeal lies to the Commissioner------60 days
(c)
when the appeal lies to the Financial
Commissioner-----90 days
According to section 15 of the Punjab Land
Revenue Act, 1887
(1)
A Revenue Officer may either of his own motion or on
the application of any party interested,
review and so on reviewing modify
reverse or confirm, any order passed by himself or by any of his predecessors
in office
(a) when a
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
predecessor in office he shall first attain 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 the
purposes of this section the collector shall be deemed to be the successor in
office of any Revenue Officer of a lower class who has left the District or has
caused to exercise power as a Revenue Officer and to whom there no successor in
Office.
(3)
An appeal
shall not lie from an order refusing to review or confirming on Review a
previous order.
According
to section 16 of the Punjab Land Revenue Act 1887 :-
1.
The Financial Commissioner may at any time call for
record of any case pending before or disposed of by any Revenue Officer
Subordinate to him.
2.
A Commissioner or Collector may call for the record of
any case pending before or disposed of by, any Revenue Officer under his
control.
3.
If in any case in which a Commissioner or Collector
has called for a record he is of opinion that the proceedings taken or order
made should be modified or reversed , he shall report the case with his opinion
thereon for the orders of the Financial Commissioner.
4.
The Financial Commissioner may any case called for by
himself under Sub Section (1) or reported to him under Sub Section (3) pass
such orders as he thinks fit.
Provided
that he shall not under this section pass an order reversing
or
modifying the proceedings or order of a subordinate Revenue Officer and
affecting any question or right between private persons without giving those
persons an opportunity of being heard.
Note:
(1) In the matter of appeals the S.D.M's where they pass an order of the capacity of Collector,
an appeal from that order shall lie to the Commissioner and where an order is
passed by them in the capacity of as a Asstt.
Collector Ist Grade, an appeal from that order shall
lie to the Distt. Collector.
(2) The
jurisdiction of Civil Court as per section 158 of the Punjab Land Revenue Act,
1887 is barred in any matter where the State Govt. or a Revenue Officer is
empowered by this Act to dispose or take cognizance of the manner in which the
state govt. or any Revenue Officer exercise any powers vested in it or by him
or under the Act.
Apart of the
revenue function the work regarding registration of documents are also
undertaken by the revenue department under Indian Registration Act 1908.
The Deputy Commissioner is also the
Registrar, Sub Divisional Magistrates are Inspectors, Tehsildars
are Sub Registrar and Naib Tehsildars
are Joint Sub Registrars for this purpose and also the Director of Land
Records,
The documents pertaining to properties are registered by the various Sub
Registrars and Jt. Sub Registrars. The documents
which are registered relates to Book No.1,2,3 & 4 . The rate of stamp duty
which is to be affixed on these
documents is governed by Indian Stamp
Act, 1899 and rules made under this Act.
The Act has prescribed time limit for
presentation of documents is as per section of 23,24,25 & 26 of the Indian
Registration Act, 1908.
Section 23:- subject to the provisions
contained in section 24,25 & 26 no document after than a will shall be
accepted for registration unless presented for that purpose to the proper
officer within four months from the date of execution.
Provided that a copy of decree or order
may be presented within four months from the day on which the decree or order
was made or where it is appealable within four months
from the day on which its become final.
Where there are several persons
executing a document at different times such document may be presented for
registration and re-registration within four months from the date of execution.
Similarly section 25 of the Act prescribes that:-
(1)
If
owning to urgent necessity or unavoidable circumstances any document executed
or copy of a decree or order made in (India) is not presented for registration
till after the expiration of the time herein before prescribed in that behalf
the Registrar in cases where the delay in presentation does not exceed four
months may direct that on payment of a fine not exceeding ten times the amount
of the proper registration fee such document shall be accepted for registration.
(2)
Any
application for such direction may be lodged with a Sub Registrar who shall
forthwith forward it to the Registrar to whom he is subordinate
A document presented before the Sub Registrar and Jt. Sub Registrar shall be registered if proper stamp duty
as per rules is affixed an it except as per section 35 of the Indian
Registration Act, 1908:-
(a)
If all the persons executing the document appear
personally before the registering officer and are personally known to him or if
he is otherwise satisfied that they are persons they represent themselves to
be, and if they all admit the execution of the document: or
(b)
If the persons executing the document is dead and his
representation or assign appears before the registering officer shall
registered the document as directed in section 58 to 61 inclusive.
(3)
The
registering officer may no order to satisfy himself that the persons appearing
before him are the persons they represent themselves to be, or for any other
purpose contemplated by this Act, examine any one present in his office.
(a)
If any
person by whom the document purports to
be executed denies its execution or
(b)
If any
person appears to the registering officer to be a minor, an idiot or a lunatic
or
(c)
If any
person by whom the document purports to
be executed is dead and his representative or assigned its execution .
The registering
officer shall refuse to register the document as to the person so denying or
dead.
1.)
As per
section 71 of Act every sub registrar refusing to register a document except on
the ground that the property to which it relates is not situate within his
Sub-district shall make an order of refusal and record his reasons for such
order in his Book No.2 & endorse the words " registration
refused" on the document and an application made by any person executing
or claiming under the document shall without payment and necessary delay, give
him a copy of the reasons recorded .
2.)
No
registering officer shall accept for
registration a document so endorsed unless and until under the provisions
herein after contained the document is directed to be registered.
The aggrieved party may file before the Registrar to whom
such Sub Registrar is subordinate, if presented to such Registrar within thirty
days from the date of order (under
section 72 of the Act) and the Registrar may reverse or alter such order and if
the order of the Registrar directs the document to be registered and the
document is duly presented for registration within 30 days after the making of
such order the Sub Registrar shall obey the same.
As said above the
executing party will affix the proper stamp duty on the document and also
deposit the presented registration fees in the office of the Sub Registrar /
Joint Sub Registrar. According to the Punjab Stamps (Dealing of under valued
Instruments) Rules, 1983 first amendment 2002, the collector shall fix the
minimum rates of the properties in the month of march with the consultation
with the Officers of other Department like Development, Agriculture, Public
works Department , Local Bodies, Town Planner etc. which will be applicable
from first April every year.
If any document is presented before the Sub
Registrar / Joint Sub Registrar which is not as per the prices fixed by the Collector the registering authority shall
impound the document and send to the Collector for taking action under section
47-A of the Indian Stamp Act 1899. Then Collector after hearing the parties
shall decide that how much amount as Stamp Duty and Registration fee the party
has to be deposited and aggrieved with the orders of the Collector the
concerned party can file before the Commissioner within 30 days of passing of
such order.
Similarly in Land Reforms Act 1972 the Collector is competent to decide
the cases and procedure of appeal , review and revision under this Act shall so
far may be the same as provided in Punjab Land Revenue Act and Punjab Tenancy
Act 1887 and as per section 21 of this Act the jurisdiction of