Chapter II BOARD OF REVENUE

Constitution of Board of Revenue.—

1. (1) There shall be a Board of Revenue for Madhya Pradesh consisting of a President and two or more other members as the State may, from time to time, think fit to appoint.
2. (2) The Board of Revenue as constituted and functioning for the several regions of this State immediately before the coming into force of this Code, hereinafter in this chapter referred to as the existing Board, shall with effect from the date of coming into force of this Code, be deemed to be the Board of Revenue for Madhya Pradesh constituted under this section.
3. (3) The President and members of the existing Board shall be the first President and members respectively of the Board of Revenue for Madhya Pradesh.

Principal seat and other places of sittings of Board of Revenue.—

1. (1) The principal seat of the Board shall be at such place as the State Government may, by notified order, appoint.
2. (2) Notwithstanding anything contained in sub-section (1), the President and members of the Board may also sit at such other place or places as the President of the Board may with the approval of the State Government, appoint.

Conditions of service of members of Board.—

1. (1) When any member is, by reason of absence or otherwise, unable to perform the duties of his office, the State Government may, by notification, appoint any person to be, for the time being, a member of the Board.
2. (2) Except as expressly provided by this Code, the terms and conditions of service of the President and members of the Board shall be such as may be prescribed and the terms and conditions laid down by the State Government for the President and members of the existing Board shall continue in force until modified or superseded under this section.
3. (3) A person shall not be qualified for appointment as a member of the Board unless he —
   • (a) is eligible for appointment as a Judge of the High Court; or
   • (b) has been a Revenue Officer, and has held, for at least five years, an office not lower in rank than that of a Collector.

Salaries and allowances.—There shall be paid to the members of the Board such salaries and allowances as the State Government may determine and those salaries and allowances shall be charged on the consolidated fund of the State.

Jurisdiction of Board. —

1. (1) The Board shall exercise the powers and discharge the functions conferred upon it by or under this Code and such functions of the State Government as may be specified by notification by the State Government in that behalf and such other functions as have been conferred or may be conferred by or under any Central or State Act on the Chief Revenue Authority or the Chief Controlling Revenue Authority.
2. (2) The State Government may, subject to such conditions as it may deem fit to impose, by notification, confer upon, or entrust to the Board or any member of the Board additional powers or functions assigned to the State Government by or under any enactment for the time being in force.

Powers of Superintendence of Board.—The Board shall, in respect of all matters subject to its appellate or revisional jurisdiction, have superintendence over all authorities in so far as such authorities deal with such matters and may call for returns.

Exercise of jurisdiction by single members and benches.—The Board may make rules for the exercise of powers and functions of the Board by benches constituted of one or more members thereof, and all decisions given by such benches in exercise of such powers or functions shall be deemed to be the decisions of the Board.

Cases pending at commencement of Code.—All appeals, applications for revision and other proceedings pending before the existing Board immediately before the coming into force of this Code shall be heard and decided by the Board. (2)

1. (a) All cases of
   • (i) First appeal against the order of the Collector whether exercising the powers of Collector or Settlement Officer during the currency of settlement, pending before the Board;
   • (ii) Second appeal against the order of the Sub-Divisional Officer or the Collector pending before the Board;
   • (iii) Second appeal against the order of the Sub-Divisional Officer pending before the Collector; shall stand transferred to the Commissioner;
2. (b) All cases of revision, review and other proceedings which stood transferred to the Board from the Commissioner after 23rd November, 2002 and pending before the Board, shall stand transferred to the Commissioner;
3. (c) In the case of revision instituted on an application made by any party after 23rd November, 2002 and pending before the Board, the party may make an application for transfer of such case to the Commissioner and if such an application is made, the Board shall transfer the case to the Commissioner.]