Chapter V JURISDICTION AND PROCEDURE

[29.

1. (1) All authorities hearing any application, appeal or revision under any of the provisions of this Act shall do so as Revenue Courts.
2. (2) Save as otherwise provided in this Act when an order has been made under section 3, 11, 18 or 36 no court shall entertain any application or suit in respect of any matter for determining or deciding which provision is made in this Act and all proceedings in respect of any such matter pending on the date such order is made shall be stayed till the final publication of records under section 6-C, 12-B or 23, as the case may be.]

The Government may from time to time make rules consistent with this Act declaring that any provisions of the Code of Civil Procedure, 1908, shall not apply to applications, appeals or other proceedings under this Act in any Revenue Court or to any specified classes of such applications, appeals or proceedings or shall apply to them subject to modifications and additions specified in the rules.

1. (1) The [Settlement Officer] may by written order, distribute in such manner as appears to him fit any business cognizable under this Act by any Assistant Settlement Officer and by like order may withdraw any case pending before such [officer] and either dispose of the same himself or by written order refer it for disposal to any other Revenue Officer in the district.
2. (2) The aforesaid powers shall, in relation to all business cognizable under this Act, be exercisable by-
   • (a) the District Collector and the Chief Survey Officer in respect of officers subordinate to them ; and
   • (b) the Board of Revenue in respect of Settlement Officers, Chief Survey Officers and District Collectors.]

The Board of Revenue may call for the record of any proceeding before [any officer] from whose decision no appeal lies if such Officer appears to have exercised a jurisdiction not vested in him by law or to have failed to exercise a jurisdiction so vested or while acting in the exercise of his jurisdiction to have contravened some express provision of law affecting the decision on the merits where such contravention has produced a serious miscarriage of justice and the Board of Revenue, after hearing the parties if they attend shall pass such order as it seems fit.

The Government may by notification, delegate the powers of the Board of Revenue to an Officer not below the rank of a Revenue Divisional Commissioner.

Subject to the provisions of the next following section every appeal presented and application made after the period of limitation specified therefor shall be dismissed although limitation has not been set up as a defence.

Subject to the provisions of this Act the provisions of the Indian Limitation Act, 1908, except section 6, 7, 8, 9, 19 and 20 shall apply to all appeals and applications mentioned in section 34.