(16 Subs. By Sec. 4 of Raj. Act No. 2 of 1958, Pub. in Raj. Rajpatra – Part IV-A Ex.-ord., dt. 13-1-1958. 17 Ins. by Act No. 10 of 1987 w.e.f. dt. 31-1-1987, Pub. in Raj. Gaz., Ex-ord. 4 (ka), dt. 9-4-1987, Pages 43-50. 18 Subs. And omitted vide item No. 16 of the Schedule of Rajasthan Act No. 8 of 1962, Pub. in Raj. Gaz. Part IV-A, Ex.-ord., dt. 23-4-1962.
19. Ins. by Part B of the First Schedule to Rajasthan Act No. 2 of 1958, pub. on 13-1-1958 in Rajpatra. )
16. Power to create, abolish or alter divisions etc. –
The State Government may be notification in the 16[official Gazette]-
(a) create new or abolish existing 17[divisions] districts, sub-divisions, tehsils and 20[sub tehsils, villages], and
(b) alter the limits of any of them.
(20. Subs. By Act No. 8 of 1995, pub. in Raj. Gaz., E.O. 4 (ka), dt. 26-4-1995, Page 19.)
17. 21[Commissioners and Additional Commissioners –
The State Government shall appoint in each division a Commissioner and may appoint as may Additional Commissioners as may be necessary in a division or in two or more divisions or parts thereof combined.
(Ins. by Act. No. 10 of 1987, w.e.f. dt. 31-1-1987, pub. in Raj. Gaz., Ex-ord. 4 (kia) dt. 9-4-1987, Pages 43-50. )
The State Government shall appoint for the whole of the State a Settlement Commissioner and may appoint as many Additional Settlement Commissioners as it may considers necessary.
19. Director and Additional Directors of Land Records –
The State Government shall appoint for the State, a Director of Land Records and may appoint as many Additional and Assistant Directors of Land Records as it may consider necessary.
20. Appoint of other Officers –
The State Government -
(a) shall appoint -
(i) a Collector in each district, who shall also be the Land Records Officer for the district, and
(ii) a Tehsildar in each tehsil;
(b) may appoint -
(i) an Additional Land Record Officer to a district,
(ii) a Settlement Officer to a district,
(iii) as many Assistant Collectors to a district as it thinks fit, and
(iv) as many Naib-tehsildars to to a Tehsil as it thinks fit;
(c) shall appoint -
(i) as Assistant Collecor in charge of one or more sub-divisions of a district,
(ii) a Tehsildar or a Naib-Tehsildar in charge of one or more sub-tehsils of a tehsil; and
(d) may appoint -
(i) an Additional Collector in district or in two or more districts combined, and
(ii) an Additional Tehsildar in a tehsil or in two or more tehsils combined.
2220-A Revenue Appellate Authority –
(1) The State Government may appoint such number of officers, not being less than three, as may be found necessary to receive, hear and dispose of appeals, revisions and references in revenue judicial cases and other matters specifically provided for by law.
(2) Every officer so appointed shall be designated as Revenue Appellate Authority and shall, for exercise of his jurisdiction and the performance of his duties, sit at such place or places as the State Government may from time to time direct.]
(Ins. by Act No. 10 of 1987, w.e.f. 31-1-1987, pub. in Raj. Gaz., E.O. 4 (ka), dt. 9-4-1987, P. 43-50.)
21. Appointment ex-officio –
Any appointment under Section 17 or Section 18 or Section 19 or Section 2023 [or Section 203-A] may be made by virtue of office.
(Ins. & omitted vide Sec. 4 read with item No. 16 of the Schedule of Rajasthan Act No. 8 of 1962, pub. in Raj. Rajpatra, Part IV-A, Ex. Ord., dt. 23-4-1962.)
22. Notification of appointment –
All appointments made under Section 17 to 21 shall be notified in the 24[official Gazette], provided that it shall not be necessary so to notify the appointments of Naib-Tehsildars.
(Subs. By Sec. 4 of Rajasthan Act No. 2 of 1958, pub. in Raj. Gaz., Part IV-A, Ex. Ord., dt. 13-1-1958.)
23. Controlling Power –
(1) The control of all non-judicial matters connected with revenue in the State, other than matter connected with settlement, is vested in the State Government and the control of all judicial matters and of all matters connected with settlement is vested in the Board.
(2) The expression “judicial matter” means a proceeding in which a revenue court or officer has to determine the rights and liabilities of the parties thereto and the proceeding and orders as well as appeals, revisions and references in the case specified in the First Schedule shall be deemed to be judicial matters for the purposes of this Act.
24. Subordination of Revenue Courts and Officers –
Subject to the provisions of Sections 9 & 23 -
25[(i) all addl. Commissioners, Collectors, Addl. Collectors, Sub-Divisional Officers, Asstt. Collectors, Tehsildars, Addl. Tehsildars and Naib-Tehsildars in a division shall be subordinate to the Commissioner of such division;]
(ii) all addl. Collectors, Sub-Divisional Officers, Asstt. Collectors, Tehsildars, Addl. Tehsildars and Naib-Tehsildars in a district shall be subordinate to the Collector of such district;
(iii) all Tehsildars, Addl. Tehsildars and Naib-Tehsildars in a sub-division shall be subordinate to the Sub-Divisional Officer of such sub-division;
(iv) all Addl. Tehsildars and Naib-Tehsildars in a Tehsil shall be subordinate to the Tehsildar of such Tehsil;
(v) all Additional Settlement Commissioners, Collectors, Additional Collectors, Settlement Officers, Tehsildars, Additional Tehsildars and Naib-Tehsildars shallbe subordinate to the Settlement Commissioner;
(vi) all Tehsildars, Additional Tehsildars and Naib-Tehsildars in a Tehsil shall be subordinate to the Settlement Officer exercising jurisdiction in such Tehsil; (vii) all Additional and Assistant Directors of Land Records Collectors, Additional Collectors, Land Records Officers, Tehsildars, Additional Tehsildars and Naib Tehsildars shall be subordinate to the Director of Land Records;
(viii) all Tehsildars, Additional Tehsildars and Naib-Tehsildars in a Tehsil shall be subordinate to the Land Records Officer exercising jurisdiction in such Tehsil; and (ix) all Officers specially appointed for any Local area under Chapter VII shall subordinate to the Land Records Officer, or under Chapter VIII to the Settlement Officer, for such area. [Refers S. 221 Raj. Tenancy Act also]
(Ins. by Act No. 10 of 1987 Pub. in Raj. Gaz. EO, Part 4(A), dt. 9-4-1987, w.e.f. 31-1-1987.)
25. Powers and duties of Courts and Officers –
(1) 26[A Commissioner or a] Collector or a] Collector or a Sub-Divisional Officer or a Tehsildar shall respectively within his division or district or sub-division or tehsil, exercise all the powers and discharge all the duties conferred and imposed on him by or under this Act or the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) or any other law for the time being in force.
(2) The Settlement Commissioner shall be incharge of all matters related to settlement throughout the State and shall in respect thereof exercise such powers and discharge such duties as are conferred and imposed on him by or under this Act or any other law for the time being in force.
(3) The Director of Land Records shall be incharge of all matters relating to survey and the preparation, revision and maintenance of land records throughtout the State and shall in respect thereof exercise powers and discharge such duties as are conferred and imposed on him by or under this Act or any other law for the time being in force.
(4) A Land Records Officer or an officer appointed under Chapter VII shall, within the area for which he is appointed exercise such powers and perform such duties as are conferred and imposed on him by or under this Act or any other law for the time being in force.
(5) A Settlement Officer or an officer appointed under Chapter VIII shall, within the area for which he is appointed, exercise such powers and perform such duties as are conferred and imposed on himby or under this Act or any other law for the time being in force.
(6) An 27[Additional Commissioner or an] Additional Settlement Commissioner or an Additional or Assistant Director of Land Records or an Additional Collector or an Additional Tehsildar shall, within the area for which he is appointed, exercise such powers and perform such duties respectively of a 27[Commissioner or] the Settlement Commissioner or the Director of Land Records or a Collector or a Tehsildar in such cases or matters or classes of cases or matters 28[under this Act or under any other law for the time being in force] as the State Government may direct, and every 27[Additional Commissioner or] Additional Settlement Commissioner or Additional or Assistant Director of Land Records or Additional Collector or Additional Tehsildar, while exercising any such power performing any such duty, shall for all purposes be deemed to be the 27[Commissioner or] Settlement Commissioner or Director of Land Records or Collector or Tehsildar, as the case may be, of the area for which he is appointed.
(7) An Assistant Collector or a Naib-Tehsildar shall, within the district or the Tehsil, as the case may be, to which he is appointed, exercise such powers and perform such duties a sare conferred and imposed on him by or under this Act or any other law for the time being in force or as may be delegated, to him by a general or special order of the State Government.
(26. Ins. by Act No. 10 of 1987 w.e.f. 31-1-1987, Pub. in Raj. Gaz. EO, Part 4(ka), dt. 9-4-1987, Pages 43-50.
27. Ins. by Act No. 10 of 1987, Pub. in Raj. Gaz. EO. 4(ka), dt. 9-4-1987 w.e.f. 31-1-1987.
28. Inserted and shall be deemed always to have been inserted by Part B of the First Schedule to Rajasthan Act No. 2 of 1958, Pub. in Raj. Gaz. Part IV-A, Ex.-Ord., dt. 13-1-1958. )
26. Additional powers of Courts and Officers –
(1) The State Government may, by notification in the 29[official Gazette] confer -
(a) on a Naib-Tehsildar, all or any of the powers of a Tehsildar,
(b) on a Tehsildar, all or any of the powers of an Assistant Collector,
(c) on an Assistant Collector, all or any of the powers of a Sub-Divisional Officer or a Land Records Officer or a Settlement Officer or a Collector.
(d) On a Sub-Divisional Officer, all or any of the powers of Land Records Officer or a Settlement Officer or a Collector,
(e) On a Land Records Officer or a Settlement Officer all or any of the powers of a Sub Divisional Officer or an Assistant Collector or a Collector,
(f) On a Collector, all or any of the powers of Settlement Officer,
30[(g) on a Commissioner, all or any of the powers of the Settlement Commissioner or the Director of Land Records, and
(g) on the Settlement Commissioner, all or any of the powers of the Director of Land Records.
(2) The powers conferred under sub-section (1) shall be exercised in such areas and in respect of such cases and matters or classes of cases and matters as the State Government may direct.
(3) In conferring powers under this section, the State Government may empower persons by name or classes of officer generally by their official designations.
(4) If an officer in any tehsil, sub-division, district 31[division] or other area who has been invested by name with any powers under thi ssection is transferred to an equivalent officer of the same nature in another tehsil, sub-division, district, 31[division] or area, he shall, unless the State Government otherwise directs be held to be invested with the same powers under this section in such other tehsil, sub-division, 31[division] or area.
(29. Subs. By Sec. 4 of Rajasthan Act No. 2 of 1958.
30. Ins. by Act No. 10 of 1987, pub. in Raj. Gaz. Ex-ord. Part 4(A) dt. 9-4-1987, w.e.f. 31-1-1987.
31 Inserted by Act No. 10 of 1987, w.e.f. 31-1-1987, pub. in Raj. Gaz. Ex-ord. Part 4(ka) dt. 9-4-1987, Pages 43-50.)
27. Inherent powers of Courts and officers –
In addition to the powers specified in Section 25 & 26 -
32[(a) a Commissioner shall, on being conferred powers under clause (g) of S. 26, have all the powers of a Land Records Officer and the officers subordinate to the Land Records Officers];
(aa) a [Revenue Appellate Authority shall have all the powers of a Collector, a Sub Divisional Officer, an Assistant Collector, and a Tehsildar;
(b) a Collector shall have all the powers of a Sub Divisional Officer, an Assistant Collector and a Tehsildar;
(c) a Sub Divisional Officer shall have all the powers of an Assistant Collector and a Tehsildar;
(d) an Assistant Collector shall have all he powers of a Tehsildar and a Naib-Tehsildar;
(e) a Tehsildar shall have all the powers of a Naib-Tehsildar;
(f) a Land Records Officer or a Settlement Officer shall have all the powers of a Tehsildar or a Naib-Tehsildar or an officer appointed under Chapter VII or Chapter VIII.
(32. Clause (a) renumbered as (aa) and new clause (a) inserted by the Raj. Land Revenue (Amend.) Act, 1987, Pub. in Raj. Gaz. Exty. Part 4(A) dated 9-4-1987, w.e.f. 31-1-1987. )
28. Officers temporarily succeeding to a permanent vacancies –
Whenever in consequence of the officer of 33[a Commissioner, or] a Collector or a Sub-Divisional Officer or a Tehsildar becoming permanently vacant, any officer succeeds temporarily to the chief executive administration of the 34[division] district, sub-division or Tehsil, as the case may be, such officer shall, pending the order of the State Government, exercise all the powers and perform all the duties conferred and imposed on 34(a Commissioner), a Collector of a Sub Divisional Officer or a Tehsildar by or under any law for the time being in force in 35[the State].
(33. Inserted by Act No. 10 of 1987 w.e.f. dt. 31-1-1987 Published in Raj. Gaz., EO, 4(ka) dated 9-4-1987 Pages 43-50. 34. Inserted by Act No. 10 of 1987 w.e.f. dt. 31-1-1987 Published in Raj. Gaz., EO, 4(ka) dt. 9-4-1981, Pages 43-50. 35. Substituted by Section 4 of Rajasthan Act No. 2 of 1958, Published in Rajasthan Gazette, Part IV-A, Extraordinary, dt. 31 1-1958).
29. Temporary-absence of officers –
Where an officer is temporarily absent from his duties-
(i) any other officer of equal grade functioning at his headquarters or, if there be no officer of an equal grade there any other officer of a superior grade so functioning or, if there be no such superior officer, any other officer of an inferior grade so functioning shall, without relinquishing the ordinary duty, assume charge of the office of the absentee officer and shall continue in charge thereof until the office is assumed by another officer duly appointed thereto and, while in such charge perform the routine duties of the absentee officer, and
(ii) if any officer of an equal, superior or inferior grade is no functioning at such headquarters or is himself also absent, the chief ministerial official of the office shall possess the power of adjourning from time to time any matter, case or proceeding.
30. Formation and alteration of Patwaris Circles –
The Director of Land Records, with the previous sanction of the State Government, may from time to time arrange the village of each district in Patwaris’ circles and may alter the number and limits of such cities.
31. Appointment of Patwaris –
Subject to rules made under this Act, the Collector shall appoint a Patwari to each circle for the maintenance and correction of the annual registers and records under Chapter VII 36[for the collection of a all rents, revenue and other demands due from the land holders and tenants of the circle for which he is appointed], and for such other duties, as the State Government may prescribe.
(nserted vide Section 3 of the Rajasthan Act No. 18 of 1963, published in Rajasthan Gaz. Part IV-A Extraordinary, dt. 1210-1963. )
32. Formation and alteration of Land Records Inspection circles –
With the previous sanction of the State Government, the Director of Land Records may arrange the patwaris, circles of each district into land records inspection circles.
33. Appointment of Girdawar Qanungos or Land Records Inspectors –
Subject to rules made under this Act, the Collector shall appoint to each land records inspection circle, a Girdawar Qanungo or Land Record Inspector for the proper Supervision, maintenance and correction of the annual registers and records under Chapter VII.
34. Sadar Qanungos –
Subject to rules made under this Act, the Director of Land Records shall appoint one or more Sadar Qanungos in each district to supervise the work of the Girdawar Qanungos or Land Records Inspectors and Patwaris and to perform such other duties as the State Government may prescribe.
35. Qualifications etc. of Patwaris and Qanungos –
The qualifications of service and duties of Patwaris, Girdwar Qanungos of Land Records Inspectors and Sadar Qanungos shall be regulated by rules made by the State Government in that behalf.
36. Obligation to furnish information necessary for the preparation of records –
Any person whose rights, interests or liabilities are required by any enactment for the time being in force or by any rule made under any such enactment to be entered in any official register by a Patwari or by a Girdwar Qanungo or Land Records Inspector or by a Sadar Qanungo shallbe bound to furnish, on his requisition all information necessary for the correct compilation thereof.
Section 37 to 40 Repealed
“40-A Termination of the services of Lambardars –
Notwithstanding anything contained in the Rajasthan General Clauses Act, 1955 (Rajasthan Act 8 of 1955), or in any other law for the time being in force, all Lambardars appointed or deemed to have been appointed under this Act, shall, as from the date of commencement of the Rajasthan Land Revenue (Amendment) ceases to be Lambardars of the village or group of villages for which they were appointed and shall cease to exercise the powers conferred and to discharge the functions and duties imposed on them, by this Act, and the duty of collecting he revenue or rent or any other State demand shall, until the State Government directs otherwise, be performed by the Patwari of the circle.]”
(Inserted vide Section 6 of the Rajasthan Act No. 18 of 1963, Publishe din Raj. Gaz. Part IV-A, Extraordinary, dated 12-10 1963. Act, 1963,)
Section 41 to 50 [xxx]