Chapter III PROCEDURE OF REVENUE OFFICERS AND REVENUE

Expect for reasons to be recorded in writing, no revenue officer shall enquire into, or hear, any case arising under this Regulation at any place outside the local limits of his jurisdiction.

All revenue officers and measures and all persons acting under their orders may enter upon and survey any land and demarcate boundaries and do all other acts connected with their duties under this Regulation and in so doing, shall cause no more damage than the circumstances of the case may require. Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without giving such occupier at least twenty-four hours notice and in making such entry due regard shall be paid to the special and religious sentiments of the occupier.

Whenever it appears to the Chief Commissioner that an order under this section is expedient for the ends of justice, he may direct that any particular case be transferred from one revenue officer to another revenue officer of an equal or superior rank in the same district or any other district.

(1) A Deputy Commissioner, a Sub Divisional Officer or a Tehsildar may make over any case or class of cases arising under this Regulation for decision from his on file to any revenue officer subordinate to him and competent to decide such case or class of cases, or may withdraw any case or class of cases from any such revenue officer and may deal with such case or class of cases himself or refer the same for disposal to any other revenue officer subordinate to him and competent to decide such case or class of cases. (2) A Deputy Commissioner, a Sub Divisional Officer, or a Tehsildar may make over for inquiry and report any case or class of cases arising under this Regulation from his own file to any revenue officer subordinate to him.

Every revenue officer, while exercising any power under this Regulation to enquire into or decide any question arising for determination between the Government and any person or between parties to any proceedings, shall be revenue court.

Nothing in this Regulation shall be deemed to limit or otherwise affect the inherent power of the revenue court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the court.

(1) Subject to the provisions of section 132 and 133 of the Code of Civil Procedure, 1908 and the rules made under this Regulation every revenue officer acting as a revenue court shall have power to take evidence, to summon any person whose attendance he considers necessary either to be examined as a party or to give evidence as a witness or to produce any document for the purpose of any inquiry or case arising under this Regulation: Provided that no person shall be ordered to attend in person unless he resides in the Union territory of the Andaman and Nicobar Islands. (2) Any person present may be required by any such revenue officer to give evidence or to produce any document then and there in his possessions of power. (3) Every such revenue officer shall have power to issue a commission to examine any person who is exempted from attending court under any law for the time being in force or who cannot be ordered to attend in person or is unable to attend on account of sickness or infirmity.

If any person on whom a summons to attend as witness or to produce any document has been served fails to comply with the summons, the officer by whom the summons has been issued under section 19, may- (a) issue a bailable warrant or arrest; (b) order him to furnish security for appearance; or (c) impose upon him a fine not exceeding fifty rupees.

(1) If, on the date fixed for hearing a case or proceeding, a revenue officer fins that a summons or notice was not served on any party due to the failure of the opposite party to pay the requisite process fees for such service, the case or proceeding may be dismissed in default of payment of such process fees. (2) If any party to a case or proceeding before a revenue officer does not appear on the date fixed for hearing after due service of a summons or notice on him, the case or proceeding may be heard and determined in his absence or may be dismissed for default. (3) The party against whom any order is passed under sub-section (1) or sub-section (2) may apply within thirty days from the date of such order, to have it set aside on the ground that he was prevented by any sufficient cause from paying the requisite process fees for service of a summons or notice on the opposite party or, as the case may be ,from appearing at the hearing and the revenue officer may, after notice to the opposite party who was present on the date on which such order was passed and after making such inquiry as he considers necessary set aside the order passed. (4) Where an application field under sub-section (3) is rejected, the party aggrieved may file an appeal to the authority to whom an appeal lies from an original order passed by such officer. (5) Expect as provided in sub-section (4) no appeal shall lie from an order passed under this section.

(1) A revenue officer may, from time to time, for reasons to be recorded by him in writing and on such terms as to costs as he thinks fit, adjourn the hearing of a case or proceeding before him. (2) The date and place of an adjourned hearing of a case or proceeding shall be intimated at the time of the adjournment to such of the parties and witness as are present.

A revenue officer may award costs incurred in any case or proceeding arising under this Regulation in such manner and to such extent, as he thinks fit: Provided that the fees of the legal practitioner shall not be allowed as costs in any such case or proceeding, unless such officer considers otherwise for reasons to be recorded by him in writing.

Where an order to deliver possession of any land has been passed under this Regulation against any person such order shall be executed in the following manner, namely :- (a) by serving a notice on the person or persons in possession of the land requiring such person or persons within such time as may appear reasonable after receipt of the side notice to vacate the land; and (b) if such notice is not obeyed, by removing or deputing an officer to remove any person who may refuse to vacate the same; and (c) if the officer removing any such person is resisted or obstructed by any person the revenue officer shall hold a summary inquiry in to the facts of the case, and if satisfied that the such resistance or obstruction was without any just cause , and that resistance or obstruction still continues, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the

Save as otherwise provided in any other law for the time being in force, all appearances before, applications to and acts to be done before, any revenue officer under this Regulation shall be made or done by the parties themselves or by their recognized agents or by any legal practitioner:

Provided that subject to the provisions of sections 132 and 133 of the Code of Civil Procedure, 1908, any such appearance shall, if the revenue officer so directs, be made by the party in person.

Provided further that appearance alone may be made by a recognized agent referred to in sub-clause (ii) of clause (23) of section 2.

(1) No order passed by a revenue officer shall be reversed or altered in appeal or revision on account of any error, omission or irregularity in the summons, notice, proclamation, warrant or order or other proceedings before during any enquiry or other proceedings under this Regulation, unless such error, omission, or irregularity has in fact occasioned a failure of justice. (2) In determining whether any error, omission or irregularity in any proceedings under this Regulation has occasioned a failure of justice, regard shall be had to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

Unless otherwise expressly provided by or under this Regulation the procedure laid down in the Code of Civil Procedure, 1908, shall, so far as may be, be followed in all proceedings under this Regulation.