SECTION 5 TO 14
REVENUE OFFICERS: THEIR POWERS AND DUTIES
5.Chief Controlling authority in revenue matters.
The chief controlling authority in all matters connected with the land revenue in his division shall vest in the Commissioner, subject to the superintendence, direction and control of the State Government.
6.Revenue Officers in division.
The State Government shall appoint a Commissioner of each division; and may appoint in a division an Additional Commissioner and so many Assistant Commissioners as may be expedient, to assist the Commissioner:
Provided that, nothing in this section shall preclude the appointment of the same officer as Commissioner for two or more divisions.
7.Revenue officers in district.
(1)The State Government shall appoint a Collector 1[for each district (including the City of
(2)The State Government may appoint one or more Additional Collectors 2[and in each district (including the City of
(3)Subject to the general orders of the State Government, the Collector may place any Assistant or Deputy Collector in charge of one more sub-divisions of a district, or may himself retain charge there of. Such Assistant or Deputy Collector may also be called a Sub-Divisional Officer.
(4) The Collector may appoint to each district as many persons as he thinks fit to be Circle Officers and Circle Inspectors to be in charge of a Circle, and one or more Talathis for a saza, and one or more Kotwals or other village servants for each village or group of villages, as he may deem fit.
For the purposes of Chapters V, VI, VIII, IX and X the State Government may appoint such officers as may from time to time appear necessary. Such officers may be designated "Settlement Commissioner", "Director of Land Records" "Deputy Director of Land Records", "Superintendents to Land Records", "Settlement Officers", "District Inspectors of Land Records" and "Survey Tahsildars", or otherwise as may seem requisite.
9.Combination of officers.
It shall be lawful for the State Government to appoint one and the same person, being otherwise competent according to law, to any two or more of the offices provided for in this Chapter 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 may seem expedient.
Delegation of powers.
1[9A. The State Government may, by order in the <MI>Official Gazette<D>, direct that the powers of the State Government to make appointments under section 7, section 8 or section 9 in respect of such revenue or survey officers and subject to such conditions, if any, may be exercisable also by such officer not below the rank of the Collector, or as the case may be, Superintendent of Land Records, as may be specified in the direction.]
10.If a Collector or Tahsildar is disabled from performing his duties or for any reason vacates his office or leaves his jurisdiction or dies--
(a)the Additional Collector, and if there be no Additional Collector, the Assistant or Deputy Collector of the highest rank in the district.
(b)the Additional Tahsildar, and if there be no Additional Tahsildar, the Naib-Tahsildar or the senior-most Subordinate Revenue officer in the taluka. shall, unless other provision has been made by the State Government, succeed temporarily to the office of the Collector, as the case may be of the Tahsildar and shall be held to be the Collector or Tahsildar under this Code, until the Collector, or Tahsildar resumes charge of his district or taluka, or until such time as a successor is duly appointed and takes charge of his appointment.
Explanation.-- An officer whose principal office is different from that of an Assistant Collector, and who is working as an Assistant Collector for special purposes only, shall not be deemed as an Assistant for the purposes of this section.
11.Subordination of officers.
(1)All revenue officers shall be subordinate to the State Government.
(2)Unless the State Government directs otherwise, all revenue officers in a division shall be subordinate to the Commissioner, and all revenue Officers 2[in a district (including the City of
(3)Unless the State Government directs otherwise, all other Revenue Officers Including survey officers shall be subordinated, the one to the other, in such order as the State Government may direct.
12.Appointments to be notified.
3[The appointment of all officers of and above the rank of Tahsildar, or as the case may be, District Inspector of Land Records made under sections 6, 7, 8, and 9 shall be duly notified;] but the appointment shall take effect from the date on which an officer assumes charge of his office.
13Powers and duties of revenue officers.
(1)The revenue officers of and above the rank of a Tahsildar (not being an Additional Commissioner, Assistant Commissioner, Additional Collector or Additional Tahsildar), shall exercise the powers and discharge the duties and functions conferred and imposed on them respectively under this Code or under any law for the time being in force, and so far as is consistent therewith all such other powers, duties and functions of appeal, superintendence and control within their respective jurisdiction; and over the officers subordinate to them as may from time to time be prescribed by the State Government:
Provided that, the Collector may also exercise throughout his district all the powers and discharge all the duties and functions conferred or imposed on an Assistant or Deputy Collector under this Code or under any law for the time being in force and a Tahsildar shall also exercise such powers as may be delegated to him by the Collectors under the general or special orders of the State Government.
1[Explanation.--In this proviso, the expression, "a Tahsildar" shall include, and shall be deemed always to have been included, the expression "an Additional Tahsildar".]
(2)The revenue officers aforesaid shall also, subject to the control and general or special orders of the State Government, exercise such powers and discharge such duties and functions, as the State Government, exercise such powers and discharge such duties and functions, as the State Government may by an order in writing confer or impose on them for the purpose only of carrying out the provisions of any law for the time being in force, and so far as is consistent therewith.
(3)The Additional Commissioner and the Assistant Commissioner, and the Additional Collector and the Additional Tahsildar shall each exercise within his jurisdiction or part thereof such powers and discharge such duties and functions of the Commissioner, the Collector or, as the case may be, the Tahsildar under the provisions of this Code or under any law for the time being in force, as the State Government may, by notification in the Official Gazette, direct in this behalf.
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(4)The Sub-Divisional Officer shall subject to the provisions of Chapter XIII perform all the duties and functions and exercise all the powers conferred upon a Collector by this Code or any law for the time being in force, in relation to the sub-division in his charge:
Provided that, the Collector may whenever he may deem fit direct any such Sub-Divisional Officer not to perform certain duties or exercise certain powers and may reserve the same to himself or assign them to any Assistant or Deputy Collector subordinate to the Collector :
Provided further that , to such Assistant or Deputy Collector who is not placed in charge of a sub-division , the Collector shall, under the general orders of the State Government , assign such particular duties and power as he may from time to time deem fit.
(5)Subject to the orders of the State Government and of the Commissioner the Collector may assign to a Naib-Tahsildar within his local limits such of the duties, functions and powers of a Tahsildar as he may time deem fit.
(6)Subject to such general orders as may from time to time be passed by the Commissioner of Collector, a Tahsildar or Naib-Tahsildar may employ any of his subordinates to perform any portion of his ministerial duties :
Provided that, all acts and orders of his subordinates when so employed shall be liable to revision and confirmation by such Tahsildar or Naib-Tahsildar.
(7) In all matters not specially provided for by law, the revenue officers shall act according to the instructions of the State Government.
14.Powers and duties of Survey officers, circle officers, etc.
(1)Subject to the orders of the State Government, the survey officers are vested with the cognisance of all matters connected with the survey, settlement and record of rights and shall exercise all such powers and perform all such duties as may be provided by this Code or any law for the time being in force.
Provided that, a Deputy Director of Land Records shall exercise such powers and discharge such duties and functions, as are exercised or discharged by the Director of Land Records under this Code or under any law for the time being in force in such cases or classes of cases, as the State Government or Director of Land Records may direct.
(2)The Circle Officer and the Circle Inspector in charge of a circle shall exercise such powers over the Talathi in his circle and perform such duties and functions as may from time to time be prescribed.
(3)The Talathi shall be responsible for the collection of land revenue and all amounts recoverable as arrears of land revenue, and for the maintenance of the record of rights and shall perform all such duties and functions as are hereinafter provided by this Code or any law for the time being in force or by order of the State Government.
(4)Subject to the general orders of the State Government and the Commissioner, the Collector shall determine from time to what registers, accounts and other records shall be kept by a talathi.
(5)It shall also be the duty of a Talathi to prepare, whenever called upon by any superior revenue or police officer of the taluka or district to do so all writings connected with the concerns of a village which are required either for the use of the Central or State Government or the public, such as notices, reports of inquests, and depositions and examinations in criminal matters.
(6)All other revenue officers shall discharge such duties and functions as the State Government may direct.