section 44
Appeal and appellate authorities
Madhya Pradesh Land Revenue Code, 1959Tax1959309 of 312 sections available
Statutory text
- (1) Save where it has been otherwise provided, an appeal shall lie from every original order under this Code or 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 Collector-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 Collector-to the Collector; (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 any Revenue Officer in respect of whom a direction has been issued under sub-section (3) of section 12 or sub-section (2) of section 21-to such Revenue Officer as the State Government may direct; (e) if such order is passed by a Collector whether exercising the powers of Collector or settlement Officer during the currency of the term of settlement-to the Commissioner; (f) if such order is passed by a Settlement Officer whether exercising the powers of Settlement Officer or the powers of a Collector in connection with any settlement operation unless otherwise expressly provided-to the Settlement Commissioner; (g) if such order is passed by the Commissioner or the Settlement Commissioner-to the Board. (2) Save as otherwise provided a second appeal shall lie against every order passed in first appeal under this Code or the rules made thereunder- (i) by the Sub-Divisional Officer or the Collector to the Commissioner; (ii) by the Settlement Officer to the Settlement Commissioner; (iii) by the Commissioner to the Board- (a) if the original order has in the first appeal been varied or reversed otherwise than in matter of cost; or (b) on any of the following grounds and no other, namely:- (i) that the order is contrary to law or usage having the force of law; or (ii) that the order has failed to determine some material issue of law or usage having force of law; or (iii) that there has been a substantial error or defect in the procedure as prescribed by this Code, which may have produced error or defect in the decision of the case upon merits. (3) An order passed in review varying or reversing any order shall be appealable in like manner as the original order.
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