section 9
Amendment of Section 44.
Madhya Pradesh Land Revenue Code, 1959For Section 44 of the Principal Act, the following shall be substituted, namely:- "44. Appeal and Appellate Authority.-(1) Save as otherwise provided, an appeal shall lie from every original order passed under this Code or rules made thereunder- (a) if such order is passed by a Revenue Officer sub-ordinate to the Sub-Divisional Officer, to the Sub-Divisional Officer; (b) if such order is passed by a Revenue Officer sub-ordinate to the Deputy Survey Officer, to the Deputy Survey Officer; (c) if such order is passed by the Sub-Divisional Officer to the Collector; (d) if such order is passed by the Deputy Survey Officer to the District Survey Officer; (e) if such order is passed by any Revenue Officer in respect of whom a direction has been made under sub-section (3) of Section 12 or Section 21 to such Revenue Officer as the State Government may direct; (f) if such order is passed by the Collector to the Commissioner; (g) if such order is passed by the District Survey Officer to the Commissioner, Land Records; (h) if such order is passed by the Commissioner or the Commissioner, Land Records to the Board of Revenue. (2) Save as otherwise provided, under this Code or the rules made thereunder, second appeal against every order passed in first appeal shall lie- (a) if such order has been passed by the Sub-Divisional Officer or the Deputy Survey Officer or the Collector or the District Survey Officer, to the Commissioner; (b) if such order has been passed by the Commissioner or the Commissioner, Land Records, to the Board of Revenue. (3) A second appeal shall lie on the following grounds, namely:- (a) if the original order has in the first appeal been varied or reversed, otherwise than in a matter of cost; or (b) if the order is contrary to law or usage having the force of law; or (c) if the order has failed to determine some material issue of law or usage having force of law; or (d) if 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. (4) An order passed in review varying or reversing shall be appealable in like manner as the original order."
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