FEATURES OF LAND REVENUE ACT, 1967

-

Q. Discuss the salient features of land revenue act, 1967?

Answer

1. INTRODUCTION: Land Revenue Act, 1967 consolidates and amends that laws which relate to making and maintenance of records of right, assessment and collection of revenue and all other matters about land revenue administration. This Act prescribes and defines rights and relations between state and land-owners.

2. SALIENT FEATURES OF LAND REVENUE ACT, 1967:

  1. Classification of Revenue Officers: Land Revenue Act, 1967 has classified revenue officers into Board of Revenue, Commissioner, Collector, Assistant Collector of First Grade and Assistant Collector of Second Grade.
  2. Making and Maintenance of Revenue Records: Land Revenue Act, 1967 has not only provided procedure for making of revenue records but has also narrated rules for maintenance of such records. Such revenue records include record of rights and periodical record.
  3. Assessment of Land Revenue: Land Revenue Act, 1967 provides provisions about assessment of land revenue. This act describes rules and procedures about general and special assessment of land revenue.
  4. Partition of Lands: Tough this Act has provided right of partition to joint owner of land, yet it has denied this right in some cases. For disposal of partition application, this Act has provided comprehensive procedure for revenue officer.
  5. Review, Revision and Appeal: Land Revenue Act has provided power of review to Commissioner, Collector or Assistant Collector to modify, reverse or confirm that order which he/she predecessor-in-office has passed. Even right of appeal has also been provided in this Act.
  6. Appointment of Revenue Officers: Land Revenue Act has described provisions about appointment of revenue officer. Board of Revenue is established under Board of Revenue Act, 1967. Government also appoints Collector for each district. Even Government can appoint additional Commissioners and Additional Collectors.
  7. Collection of Land Revenue And Recovery of Dues: Collection of land revenue and recovery of some dues are also salient features of this Act. On the one hand, this act has provided procedure for collection of land revenue. On the other hand, it has also provided revenue officers those powers which are necessary for recovery of dues like fines, costs, water rates and so on.
  8. Surveys and Boundaries of Lands: Under this Act, survey of any land can be directed and boundaries or limits of any holding, estate or file can be defined for different purposes including preparation of record of rights and settlement of land revenue.
  9. Functions and Powers of Revenue Officers and Procedure For Revenue Officers: For Functions and powers of revenue officers and their procedure, this Act has provided concept of administrative control. Similarly, Commissioner can control all revenue officers in district. However, all revenue officers including Commissioner have been made subject to Board of Revenue.
  10. Arbitration: Arbitration can be with consent of parties or can be without consent of parties. With consent of parties, any revenue officer can refer some dispute for arbitration when this dispute falls under this Act and is pending before him/her. Without consent of parties, Collector or any Assistant Collector can however refer that dispute which arises before him/her and which is about either of some specified matters. But Arbitration Act is not applicable to arbitration under this Act.
3. CONCLUSION:  We may conclude that Civil Procedure Code (CPC) is though applicable to those proceedings, which are before revenue courts, yet it is not applicable to those proceedings which are before revenue officer, However it can be applicable to proceedings before revenue officers in some specified cases.

Comments

Post a Comment

Popular posts from this blog

SECTION 12(2) C.P.C

-
  SECTION 12(2) C.P.C. It is a very important section in the Code of Civil procedure, (C.P.C.) which is usually filed an application by an aggrieved person for setting aside a final judgment, decree or order, which is passed by a court due to fraud, misrepresentation or want of jurisdiction. Hence, it is reproduced section 12 (2) C.P.C. as follows:             “Where a person challenges  the validity  of a judgment,  decree  or order  on the plea of fraud, misrepresentation  or want of jurisdiction, he shall seek his remedy  by making  an application  to the Court  which passed  the final judgment, decree or order and not  by a separate suit”. When did it insert in C.P.C.? It was inserted in the C.P.C. through the Ordinance X of 1980. Grounds of application Fraud, misrepresentation or want of jurisdiction...
Read more

EQUITY WILL NOT SUFFER A WRONG WITHOUT A REMEDY

-
Q)    Equity will not suffer a wrong without a remedy. Discuss ? Q)     Explain the maxim of the equity "ubi jus ibi remedium." ? Answer 1. INTRODUCTION :      Where there is a right, there is a remedy. This idea is expressed in the Latin maxim "ubi jus ibi remedium." While it has been stated that the maxim of the common law that wherever there is a right there is a remedy for its infraction has never been adopted by courts of equity, it has been frequently stated that equity will not suffer a wrong, or, as sometimes stated, a right, to be without a remedy. 2. MEANING OF THE MAXIM:     Equity will not suffer a wrong, to be without a remedy means no wrong should be allowed to remain unrepressed if it is capable of being remedied by the court of justice. 3. EXPLANATION:     In accordance with the maxim, where a statute creates a new right which cannot be adequately enforced at law, equity will contrive remedies and orders t...
Read more

Guardian Ad Litem

-
Purpose of Rule: The Purpose of this rule is to ensure due and proper representation on behalf of minor defendant through a guardian ad litem. It is the duty of the court to appoint a guardian ad litem as soon as it becomes aware of the defendant's minority, and thereafter it cannot proceed ex-parte against a minor defendant.  Duty of the Plaintiff: It is the duty of the plaintiff to apply for the appointment of a minor defendant's guardian ad litem. The guardian ad litem of a minor defendant is appointed by order of the court, whilst a next friend of minor plaintiff appoints himself by merely filing the suit on behalf of the minor. The appointment of a guardian ad litem ensures for the whole litigation including appeal and execution. Disputed the Factum of Minority: Where the factum of minority is disputed, the court should determine it. A minor defendant is not considered to be a party to the suit till such time as he is represented by a guardian ad litem, and as such a dec...
Read more