Chapter IV APPEAL, REVISION AND REVIEW

(1) Save as otherwise provided in this Regulation, an appeal shall lie from every original order passed under this Regulation of the rules made thereunder- (a) if such order is passed by any revenue officer subordinate to the Sub-Divisional Officer, whether or not the officer passing the order is invested with the powers of the Deputy Commissioner, to the Sub-Divisional Officer: (b) if such order is passed by the Sub-Divisional Officer, whether or not invested with the powers of the Deputy Commissioner, to the Deputy Commissioner; (c) if such order is passed by any revenue officer subordinate to the Settlement Officer, to the Settlement Officer; (d) if such order is passed by a Deputy Commissioner, whether exercising the powers of Deputy Commissioner or Settlement Officer during the currency of the term of any settlement, to the Chief Commissioner; (e) if such order is passed by a Settlement Officer, whether exercising the powers of Settlement Officer or the powers of a Deputy Commissioner in connection with any settlement operation, to the Settlement Commissioner. (2) A second appeal shall lie against any order passed in first appeal- (i) by the Sub-Divisional Officer or the Deputy Commissioner or the Settlement Commissioner, to the Chief Commissioner (ii) by the Settlement Officer, to the Settlement Commissioner. (3) An order passed in review varying or reversing any order shall be appealable in like manner as the original order.

No appeal shall lie from an order- (a) admitting an appeal or application for review on the grounds specified in section 5 of the Limitation Act, 1963; (b) rejecting an application for review; (c) granting or rejecting an application for stay; or (d) of an interim nature.

No appeal shall lie- (a) to the Sub-Divisional Officer or Deputy Commissioner or Settlement Commissioner, after the expiration of forty-five days from the date of the order appealed against; or (b) to the Chief Commissioner after the expiration of sixty days from such date; Provided that where a party, other than a party against whom the order has been passed ex-parte, had no previous notice of the date on which the order is passed, limitation under this section shall be computed from the date of the communication of such order.

Every petition for appeal, review or revision shall be accompanied by a certified copy of the order to which objection is made.

(1) The appellate authority may either admit the appeal or after calling for the records and giving the appellant an opportunity to be hard summarily reject it: Provided that the appellate authority shall not be bound to call for the records where the appeal is time-barred or does not lie. (2) if the appeal is admitted, a date shall be fixed for hearing and notice shall be served on the respondent. (3) After hearing the parties, if they appear, the appellate authority may confirm, vary of reverse the order appealed against; or may direct such further investigation to be made, or such additional evidence to be taken, as it may think necessary; or may itself take such additional evidence or may remand the case for disposal with such direction as it thinks fit.

The Chief Commissioner or the Settlement Commissioner of the Deputy Commissioner may, either of his own motion or on the application of any party, call for the records of any proceedings before any revenue officer subordinate to him for the purpose of satisfying himself as to the legality or propriety of any order passed by such revenue officer, and may pass such order in reference thereto as he thinks fit; Provided that he shall not vary or reverse any order affecting any right between private persons without having given to the parties interested notice to appear and be heard: Provided further that no application for revision shall be entertained against an order appealable under this Regulation: Provided also that such application is presented within sixty days to the Settlement Commissioner or the Deputy Commissioner, as the case may be, or within ninety days to the Chief Commissioner, from the date of the order.

(1) Every revenue officer may, either of his own motion or on the application of any party interested, review any order passed by himself or by any of his predecessors-in-office and pass such order in reference thereto as he thinks fit: Provided that- (i) no order shall be varied or reversed unless notice has been served on the parties interested to appear and opportunity has been given to them for being heard; (ii) no order from which an appeal has been made, or which is the subject of any revision proceedings shall be reviewed; (iii) no order affecting any question of right between private persons shall be reviewed exept on the application of a party to the proceedings and no application for the review of such order shall be entertained unless it is made within ninety days from the date of the order. (2) No order shall be reviewed expect on the grounds provided for in the Code of Civil Procedure, 1908. (3) For the Purposes of this section, the Deputy Commissioner shall be deemed to be the successor in office of any revenue officer who has left the district or who has ceased to exercise powers as a revenue officer and to whom there is no successor in the district.

(1) A revenue officer who has passed any order or his successor-in-office may, at any time before the expiry of the period prescribed for appeal or revision, direct the execution of such order to be stayed for such time as may be requisite for filling an appeal or revision and obtaining a stay order from the appellate or revisional authority. (2) The appellate or revisional authority may, at any time direct the execution of the order appealed from or against which a revision is made to be stayed for such time as it may think fit. (3) The authority exercising the powers conferred by section 33 or section 34 may direct the execution of the order under revision or review to be stayed for such time as it may think fit. (4) The revenue officer or other authority directing the execution of an order to be stayed may impose such condition, or order such security to be furnished, as he or it thinks fit. (5) No order directing the stay of execution of any order shall be passed expect in accordance with the provisions of this section.

Subject to the provisions of this Regulation, the provisions of the Limitation Act, 1963, shall apply to all appeals and applications for revision or review under this Regulation.

In this Chapter the expression “order” means the formal expression of the decision given by a revenue officer in respect of any matter in the exercise of his powers under this Regulation.