Chapter II CHAPTER II

1. (1) There shall be the following classes of Revenue-officers, namely—
   • (a) the Financial Commissioner;
   • (b) the Commissioner;
   • (c) the Collector;
   • (d) the Assistant Collector of the first grade; and
   • (e) the Assistant Collector of the second grade.
2. (2) The Deputy Commissioner of a district shall be the Collector thereof.
3. (3) The Local Government may appoint any Assistant Commissioner, Extra Assistant Commissioner or Tahsildar to be an Assistant Collector of the first or of the second grade, as it thinks fit, and any Naib-tahsildar to be an Assistant Collector of the second grade.
4. (4) Appointments under sub-section (3) shall be by notification, and may be of a person specially by name or by virtue of his office or of more persons than one by any description sufficient for their identification.
5. (5) Subject to the provisions or this Act the jurisdiction of the Commissioner extends to the whole of the territories for the time being administered by the Lieutenant-Governor of the Punjab, and of Commissioners and of Collectors and Assistant Collectors to the divisions and districts respectively in which they are for the time being employed.

1. (1) There shall he one or more Financial Commissioners, who shall be appointed, and may be removed, by the Local Government with the previous sanction of the Governor General in Council.
2. (2) Where more Financial Commissioners than one have been appointed, the Local Government may make rules as to the distribution among them of business under this or any other Act, and by those rules require any case or class or classes of cases to be considered and disposed of by the Financial Commissioners collectively.
3. (3) When there is a difference of opinion among the Financial Commissioners as to any decree or order to be made in a case which they are required by rules under the last foregoing sub-section to consider and dispose of collectively, the following rules shall apply, namely:—
   • (a) where the case is an appeal or a case on review or revision, it shall be decided in accordance with the opinion or the majority of the Financial Commissioners, or, if there is no such majority which concurs in a decision modifying or reversing the decree or order under appeal, review or revision, that decree or order shall be affirmed: and
   • (b) where the case is not an appeal or a case on review or revision, the matter respecting which there is the difference of opinion shall be referred to the Local Government for decision, and the decision of that Government with respect thereto shall be final.
4. (4) The expression “Financial Commissioner” in this or any other Act shall, when there are more Financial Commissioners than one, be construed as meaning one or more of the Financial Commissioners as the rules for the time being in force under sub-section (2) may require.
5. (5) The second Financial Commissioner appointed under section 52 of the Punjab Courts Act, 1884 (XVIII of 1884), shall be deemed to have had jurisdiction on and after the first Day of November, 1884, to make any decree or order or dispose of any other business which might have been made or disposed of by the other Financial Commissioner.

Commissioners, Deputy Commissioners, Assistant Commissioners and Extra Assistant Commissioners shall be appointed and may be removed by the Local Government.

The Local Government shall fix the number of Tahsildars and Naib-tahsildars to be appointed, and the Financial Commissioner may make rules for their appointment and removal.

Except where the class of the Revenue-officer by whom any function is to be discharged is specified in this Act, the Local Government may by notification determine the functions to be discharged under this Act by any class of Revenue-officers.

1. (1) The Financial Commissioner shall be subject to the control of the Local Government.
2. (2) The general superintendence and control over all other Revenue-officers shall be vested in, and all such officers shall be subordinate to, the Financial Commissioner.
3. (3) Subject to the general superintendence and control of the Financial Commissioner, a Commissioner shall control all other Revenue-officers in his division
4. (4) Subject as aforesaid and to the control of the Commissioner, a Collector shall control all other Revenue-officers in his district.

1. (1) The Financial Commissioner or a Commissioner or Collector may by written order distribute, in such manner as he thinks fit, any business cognizable by any Revenue-officer under his control.
2. (2) The Financial Commissioner or a Commissioner or Collector may withdraw any case pending before any Revenue-officer under his control, and either dispose of it himself, or by written order refer it for disposal to any other Revenue-officer under his control.
3. (3) An order under sub-section (1) or sub-section (2) shall not empower any officer to exercise any powers or deal with any business which he would not be competent to exercise or deal with within the local limits of his own jurisdiction.

Save as otherwise provided by this Act, an appeal shall lie form an original or appellate order of a Revenue-officer as follows, namely :—

1. (a) to the Collector when the order is made by an Assistant Collector of either grade;
2. (b) to the Commissioner when the order is made by a Collector;
3. (c) to the Financial Commissioner when the order is made by a Commissioner. Provided that—
   • (i) when an original order is confirmed on first appeal, a further appeal shall not lie;
   • (ii) when any such order is modified or reversed on appeal by the Collector, the order made by the Commissioner on further appeal, if any, to him shall be final.

Save as otherwise provided by this Act, the period of limitation for an appeal under the last foregoing section shall run from the date of the order appealed against, and shall be as follows, that is to say:-

1. (a) When the appeal lies to the Collector—thirty days.
2. (b) when the appeal lies to the Commissioner—sixty days;
3. (c) when the appeal lies to the Financial Commissioner—ninety days.

1. (1) A Revenue-officer may, either of his own motion or on the application of any party interested, review, and on so reviewing modify, reverse or confirm, any order passed by himself or by any of his predecessors in office: Provided as follows:—
   • (a) when a Commissioner or Collector thinks it necessary to review any order which he has not himself passed, and when a Revenue-officer of a class below that of Collector proposes to review any order, whether passed by himself or by any of his predecessors in office, he shall first obtain the sanction of the Revenue-officer to whose control he is immediately subject;
   • (b) an application for review of an order shall not be entertained unless it is made within ninety days from the passing of the order, or unless the applicant satisfies the Revenue-officer that he had sufficient cause for not making the application within that period;
   • (c) an order shall not be modified or reversed unless reasonable notice has been given to the parties affected thereby to appear and be heard in support of the order;
   • (d) an order against which an appeal has been preferred shall not be reviewed.
2. (2) For the purposes of this section, the Collector shall be deemed to be the successor in office of any Revenue-officer of a lower class who has left the district or has ceased to exercise powers as a Revenue-officer and to whom there is no successor in office.
3. (3) An appeal shall not lie from an order refusing to review or confirming on review a previous order.

1. (1) The Financial Commissioner may at any time call for the record of any case pending before, or disposed of by, any Revenue-officer subordinate to him.
2. (2) A Commissioner or Collector may call for the record of any case pending before, or disposed of by, any Revenue-officer under his control.
3. (3) If in any case in which a Commissioner or Collector has called for a record he is of opinion that the proceedings taken or order made should be modified or reversed, he shall report the case with his opinion thereon for the orders of the Financial Commissioner.
4. (4) The Financial Commissioner may in any case called for by himself under sub section (1) or reported to him under sub-section (3) pass such order as he thinks fit: Provided that he shall not under this section pass an order reversing or modifying any proceeding or order subordinate Revenue officer and affecting any question of right between private persons without giving those persons an opportunity of being heard.

1. (1) the Local Government may make rules consistent with this Act for regulating the procedure of Revenue-officers under this Act in cases in which a procedure is not prescribed by this Act.
2. (2) The rules may provide, among other matters, for the mode of enforcing orders of ejectment from, and delivery of possession of, immovable property, and rules providing for those matters may confer on a Revenue-officer all or any of the powers in regard to contempts, resistance and the like which a Civil Court may exercise in the execution of' a decree whereby it has adjudged ejectment from, or delivery of possession of, such property.
3. (3) Subject to the rules under this section, a Revenue-officer may refer any case which he is empowered to dispose of under this Act to another Revenue-officer for investigation and report, and may decide the case upon the report.

1. (1) Appearances before a Revenue-officer, and applications to and acts to be done before him, under this Act may be made or done-
   • (a) by the parties themselves, or
   • (b) by their recognized agents or a legal practitioner: Provided that the employment of a recognized agent or legal practitioner shall not excuse the personal attendance of a party to any proceeding in any case in which personal attendance is specially required by an order of the officer
2. (2) For the purposes of sub-section (1), recognized agents shall be such persons as the Local Government may by notification declare in this behalf.
3. (3) The fees of a legal practitioner shall not be allowed as costs in any proceeding before a Revenue-officer under this Act unless that officer considers, for reasons to be recorded by him in writing, that the fees should be allowed.

1. (1) A Revenue-officer may summon any person whose attendance he considers necessary for the purpose of any business before him as a Revenue-officer.
2. (2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in person or, if the summons so allows, by his recognized agent or a legal practitioner.
3. (3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes statements, and to produce such documents and other things relating to any such matter as the Revenue-officer may require.

1. (1) A summons issued by a Revenue-officer shall, if practicable, be served (a) personally on the person to whom it is addressed, or failing him on (b) his recognized agent or (c) an adult male member of his family usually residing with him.
2. (2) If service cannot be so made, or if acceptance of service so be made is refused, the summons may be served by positing a copy thereof at the usual or last known place of residence of the person to whom it is addressed, or, if that person does not reside in the district in which the Revenue-officer is employed and the case to which the summons relates has reference to land in that district, then by posting a copy of the summons on some conspicuous place in or near the estate wherein the land is situate.
3. (3) If the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, if the Revenue-officer so directs, be served by delivery of a copy thereof to such of those persons as the Revenue-officer nominates in this behalf and by proclamation of the contents thereof for the information of the other persons interested.
4. (4) A summons may, if the Revenue-officer so directs, be served on the person named therein, either in addition to, or in substitution for, any other mode of service, by forwarding the summons by post in a letter addressed to the person and registered under Part III of the Indian Post Office Act, 1866 (XIV of 1866).
5. (5) When a summons is so forwarded in a letter and it is proved that the letter was properly addressed and duly posted and registered, the Revenue-officer may presume that the summons was served at the time when the letter would be delivered in the ordinary course of post.

A notice, order or proclamation, or copy of any such document, issued by a Revenue-officer for service of any person shall be served in the manner provided in the last foregoing section for the service of a summons.

When a proclamation relating to any land is issued by a Revenue-officer, it shall, in addition to any other mode of publication which may be prescribed in any provision of this Act, be made by beat of drum or other customary method, and by the posting of a copy thereof on a conspicuous place in or near the land to which it relates.

1. (1) An Assistant Collector may exercise his powers under this Act at any place within the limits of the district in which he is employed.
2. (2) Any other Revenue-officer may only exercise his powers under this Act within the local limits of his jurisdiction.

1. (1) The Financial Commissioner, with the approval of the Local Government, shall publish in the local official Gazette before the commencement of each calendar year a list of days to be observed in that year as holidays by all or any Revenue-officers.
2. (2) A proceeding had before a Revenue-officer on a day specified in the list as a day to be observed by him as a holiday shall not be invalid by reason only of its having been had on that day.

When a Collector dies or is disabled from performing his duties, the officer who succeeds temporarily to the chief executive administration of the district under any order which may be generally or specially issued by the Local Government in this behalf shall be deemed to be a Collector under this Act.

When a Revenue-officer of any class who has been invested under the foregoing provisions of this Act with any powers to be exercised in any local area is transferred from that local area to another as a Revenue-officer of the same or a higher class, he shall continue to exercise those powers in that other local area unless the Local Government otherwise directs or has otherwise directed.

1. (1) The Local Government may by notification confer on any person—
   • (a) all or any of the powers of a Financial Commissioner, Commissioner or Collector under this Act, or
   • (b) all or any of the powers with which an Assistant Collector may be invested thereunder and may by notification withdraw any powers so conferred.
2. (2) A person on whom powers are conferred under sub-section (1) shall exercise those powers within such local limits and in such classes of cases as the Local Government may direct, and, except as otherwise directed by the local Government, shall for all purposes connected with the exercise thereof be deemed to be a Financial Commissioner, Commissioner, Collector or Assistant Collector, as the case may be.
3. (3) If any of the powers of a Collector under this Act are conferred on an Assistant Collector, they shall, unless the Local Government by special order otherwise directs, be exercised by him subject to the control of the Collector.