Classes and powers of revenue officers-Section 6 to 22 of Punjab Land Revenue Act, 1887
Chapter II of Punjab Land Revenue Act, 1877 deals with the provision of classes of revenue officers and providing their powers and function as well the sections of class of revenue officers deals with Section 6 to 22 of aforesaid act.This Act has provisions for appointing certain Officers to fulfill the intention of this Act. In that case classes of Revenue Officers were appointed which includes Revenue Board, Commissioner, Assistant Commissioner, Collector, Assistant Collector first grade and second grade. In general, Commissioner and Assistant Commissioner shall be appointed for Divisions, Collectors and Assistant Collectors for Districts and a Tehsildhar for Local revenue Administration. The Supervisory and Administrative Authority for all the above Officers is obviously the Board of Revenue by passing such written Orders, subject to the Central Government.
The Central Government shall have every right to appoint any number of Officers as it deems fit in pursuance to this Act. This also manages to delegate the powers to all class of revenue authorities or Officers by notification in the Official Gazette.
The detailed analysis of these sections has been done below in the following sections of the article.
Classes of revenue officer (Section 6)- Section 6 of Punjab land revenue act 1987 deals with the classes of revenue officer which are mentioned below:
• Financial Commissioner
• The collector
• The Assistant Collector of first grade which can be known to be a tehsildar.
•The Assistant Collector of second grade to be as Naib Tehsildar.
This section also provides some following points:
1. Deputy commissioner of a district shall we are collected there of.
2. All the authorities are to be appointed by the state government itself.
3. Assistant Commissioner, Extra Assistant Commissioner of Tehsildar to be an Assistant Collector 1st grade.
4. Jurisdiction of financial commissioner extends to the whole of the territories administered by the state government of Punjab and others subordinates.
Financial Commissioner( Section 7)-
This section provides that there shall be more than one financial commissioner who shall be appointed by the state government itself. Moreover, this section provides that there can be more than one Financial Commissioner which is to be separated regarding the distribution of business, cases dispose off by the Financial Commissioner. And when there is a difference of opinion financial commissioner's, the rules set down by the state government should be followed.
Appointment criteria (Section 8-9) -
This section provides that the appointment of commissioner including deputy, assistant an extra Assistant Commissioner shall be done by State Government itself.(Section-8) Whereas, State Government shall fix number of Tehsildar and Naib Tehsildar.( Section-9).
Powers of revenue officers( Section-10) -
Except where discharge of functions is specified in this act, the state government may by notification determines the functions to be discharge under the specified act by any class of revenue officers.
Administrative control of revenue officers( Section- 11 , 12)- Sections 11 and 12 deals with administrative control of revenue officers which is discussed below: Superintendence and control of revenue officers (Section-11)
This section provides following points:
1. The financial commissioner shall be subordinate to the control of State Government.
2. The general superintendence and control over all other revenue officer shall be vested in Financial Commissioner.
3. Subject to the general superintendence and control of Financial Commissioner , shall control all other revenue officers in his division.
Block Samiti Nabha vs Secretary to the Government, Punjab ,1973
In this case the administrative control includes day to day control over the actions. In the respective sense, it includes general superintendence of the working.
Power to distribute business and withdraw and transfer cases (Section12)-
This section provides the power to distribute business and withdraw and transfer of cases. It provides that any Financial Commissioner or Commissioner or collector mein by written order distribute any business cognizable by any revenue officer under his control in such a manner as he may think fit.
Appeal review and revision (Section 13 to16)-
Section 13 to 16 deals with the reasons of appeal review and revision. Section 13 deal with the appeal that shall life from an original or appellate order of a revenue officer as follows:
• To the collector- when order made by system collector of either grade
• To the Commissioner - where order made by collector
• To the Financial Commissioner - when order made by Commissioner.
Darshan Singh vs Rampal Singh , 1991
In this case, it was observed that any change in law between date of decree and decision of appeal has to be taken into consideration. Section 15 deals with the review by revenue officers where as Section 16 deals with the power of revenue officers to call for examination and reviewing of proceedings
Shanti Devi vs. Girwar, 1994
In this case observed that revisional powers of initial commissioner's are very wide and unfettered. Moreover, the financial commissioner should generally context himself with the question of law and procedure rather than fact.
Other powers of the authorities- Power to make rules as to the procedure (Section-17)
This section provides a power of the state government to make rules consistent with the act for regulating the procedure of revenue officer under this act in cases where procedure not prescribed by the act.
Power of revenue officers to summon person( Section -19) Section provides the power of revenue officers to summon persons whose attendance considered necessary before him. The persons called by him shall be bound to appear at such time and place as mentioned in the summon.
According to my view, the division of classes of revenue officers and the powers distributed to them is maintained in such a way that it accelerates the functioning of assessment of land revenue, the collection of land revenue and for resolving disputes arising out in land revenue matters ,for which this act has been enforced.
-by “ Vaishali Malhotra”, B.ALL.B(2015-2020),Kurukshetra University, Kurukshetra