258. Recovery of costs etc. –

All rates, costs, charges, fees, fine, penalties and other  moneys payable to Government under this Act shall be recoverable as arrears of revenue. 

259. Jurisdiction of civil courts excluded –

No suit or other proceedings shall, unless  otherwise excepted by any express provision made in this Act or in any other enactment or law  for the time being in force, lie or be instituted in any civil court with respect to any matter  arising under, and provided for, by this Act: 

Provided that, if, in a boundary dispute or any other dispute between estate-holders, a  question of title is involved, a civil suit may be brought for the adjudication of such question. 

260. 111[Delegation -

(1) The State Government may, by notification in the Official Gazette - 

(a) delegate all or any of its powers under this Ad, except the power to make mies, to  the Board or 4[the Commissioner} or the Settttement Commis- sioner or the Director  of Land Records or a Collector, or 

(b) direct that any duties imposed and powers conferred by this Act or the rules made  thereunder or by any other law for the time being in force or the rules made under  such other law on any officer or authority appointed or constituted under this Ad or  the rules made thereunder 4[shail, to the seclusion of such officer or authority, be  performed} and exercised by any other lawfully appointed or constituted on/car or  authority specified in the notification, whether such other officer or authority  specified in the notifica- tion, whether such other officer or authority shalt have been  appointed or constituted under this Act or the mies made thereunder or under any  other law for the time being in force or the mies made under such other law, or 

(c) require the Board or any other officer to perform the duties and exercise the powers  imposed and conferred by this Ad or the rules made there under on 112[the  Commissioned the Settlement Commissioner or the Direc tor of Land Records, or 

(d) authorise any authority or officer lawfully constituted or appointed to delegate its or  his powers under this Act or under any other law for the time being in force, except  the power to make rules under this Act. or under such other law to any other  authority of officer constituted or appointed under this Ad of the rules made  thereunder or under any other law for the time being in force or the rules made  under such other law. 

(2) Doubts having been expressed as the scope of the power of delegations, provided  for in this section as it stood before the 16th day of November, 1961, it is hereby enacted for  the removal and clarification of such doubt that, notwithstanding anything contained in any  judgment, order or decision of any court (Civil and Revenue) tribunal or other competent  authority and notwithstanding any defect or omission of form, language or reference in any  nolih‘calions issued by the Stale Government under this section previously to the said day or  any rule of law-or interpretation. 

(a) all delegations of powers and duties made by the Stale Government under this  section before the sixteenth day of November, 1961, shall be deemed to have been  lawfully and validly made interments sub-'seclion (1) as hereby amended as if such  amendments had then been made, and 

(b) all notifications delegating such powers and duties, shall, until superseded, continue  lo be operative and lo have effect according lo their tenor]. 

(111 Ins. by Act No. 10 of 1987 w.e.f. 31-1-1987, Pub. inRaj. Gaz. E.O. (4-A dt. 9-4-1987, Pages 43-50

112 Subs. vide Ord. No. 8 of 1988 dt. 1-9-1988, Pub. in Raj. Gaz., E.o., dt. 1-9-1988, Pages 31-33.)

261. Power to make rules -

(1) The Board may, with the previous sanction of the State  Government, make rules consistent with the provisions of this Act and of the rules made under  sub section (2) - 

(a) Regulating the procedure of the Board and its officers in the transaction of its  business, 

(b) prescribing the registrars, books and accounts to be kept and maintained under  Section 14, 

(c) prescribing the manner of the publication of rent-rate-proposals under Section  155(1), 

(d) for the guidence of Collectors and Settlement Officers in assessing and fixing rents  under this Act 

(e) prescribing the manner of the giving of a public notice under Section 125(2),

(f) prescribing the manner in which assessment purchas shall be made over to tenants  and land-holders under Secton 164(3), 

(g) directing the rights, customs and other matters which the Settlement Officer is to  ascertain and record in the Wajib-ul-arz or Dastoor Ganwai and prescribing the  manner in which they are to be ascertained, 

(h) prescribing the manner of notifying the date, time and place fixed for reading out the  Wajib-uI-arj or Dastoor Ganwai to be inhabitants of the village concerned,

(i) for the guidance of Collectors and Settlement Officers in assessing rents under  Section 178 for areas for which short-term settlement were sanctioned,

(j) regulating under Section 179, the assessment of land added by alluvian and the  revision of assessment in consequence of fluvial action or diversion of land from an  agriculture to a non-agricultural purpose of vice versa, 

(k) regulating the procedure of Settlement Officers in correcting errors and omissions  under Section 182 

(l) regulating the framing of modified proposal under Section 183(2),

(m) prescribing the particular to be contained in an application for partition under  Section 187, 

(n) prescribing the formal the preliminary order for partition under Section 198,  

(o) determining the mode in which the costs of partition are to be apportioned Section  203, 

(p) prescribing under clause (c) of sub-section (2) of Sec. 205, the statements and  returns to be submitted and the particulars to be contained therein.

(q) regulating the division of complex estates, and the distribution of the revenue thereof  under Section 219, 

(r) regulating the costs which may be recovered in or in respect of any judicial or  settlement proceedings under this Act other than costs recoverable by the State  Government in proceedings in partition cases, 

(s) regulating the procedure to be followed by any court, officer or other person required  or empowered under any provision of this Act to take any action in any judicial or  settlement matter, 

(t) for carrying out the provisions of this Act in respect of judicial and settlement  proceedings, and 

(u) for the guidance of all courts, officers and other persons in all judicial and settlement  proceedings under this Act. 

(2) The State Government may make rules consistent with the provisions of this Act,-

(i) prescribing the qualifications of persons eligible for appointment as Chairman and  members of the Board under Sec. 4, 

(ii) prescribing under Section 10, the manner in which the jurisdiction of the Board  may be exercised and its business may be distributed, 

(iii) prescribing under sub-section (2) of Section 23 read with the first Schedule  manors which may be deemed to be judicial matters for the purposes of this Act, (iv) prescribing the duties and powers of all Revenue Courts and officers under this  Act, 

(v) regulating the appointment of Patwari, Girdawar Qanungos or Land Records  Inspectors and Sadar Qanungos, laying down their qualifications and conditions of  service and prescribing their duties. 

(vi) [xxx] 

(vii) 3[x x x] 

(viii) 4[X X x] 

(ix) 1[X x XI 

(x) 2[x x x] 

(xi) prescribing the manner in which lands which are the property of the State under  Sec. 38 may be disposed of and the manner in which notice of an enquiry or order  under that section may be given. 

(xii) prescribing the manner in which permission under Section 90-A for conversion of  agricultural land into non-agricultural land shall be applied for; the officer or  authority to whom such application shall be given; the particulars to be given in  such application; the manner in which enquiry is to be made; the terms and  conditions on which the permission may be given; the rate and manner of levy of  urban assessment; the rate and manner of levy of the premium to be charged by  the State Government on such conversion, and the due to be imposed under sub  section (5) of Section 90-A]. 

(xiii) regulating under Section 93 the grazing of cattle on pasturage land regulating  under Section 94 the control and management of forests forest growths, (xiv) regulating under Section 95 the resonation of land for the development of the  abadi area of villages, the allotment of land in such area and any payments to be  made or premium to be paid for such allotment, defining the rights which an  allottee shall have in such areas and laying down the extent of land which may  be granted free of such payment or premium under Sec. 98 for being used for  the purpose therein specified, 

(xv) regulating the holding of auctions Sec. 97, 

(xvi) regulating under S8C. 99 the constructions, maintenance, demolition, repairs  and extension of houses or buildings, 

(xvii) regulating under Sectjon 100 sales of land in industrial and commercial areas,

(xviii) regulating under Section 101 the allotment of lands for agricultural purposes,

(xix) regulating under Section 109 the procedure to be adoptedby Land Records  Officers in conducting survey and record operations orrecord operations only.

(xx) laying down under Sect. 112 and 131 the mode of preparation,attestateion and  maintenance of maps and field books. 

(xxi) prescribing under the said sections the form and contents of field book and the  mannerin which and intervals at which change therein shall be recorded.

(xxii) regulating the mode of preparatin, attestation and maintenance of the record of  rights and annual regreisters referred to in Sections 114 and 132 specifying the  registers aregisters referred to in Setions 114 and 132 specifying the registers  other than those referred to in Sec.114 to be prepared as constituents of  therecord of rights, and prescribing the particular, other than those mentioned in  Sec.121, to be sepecified in the khatauni. 

(xxiii) regulating the mode of preparation, attestation and maintenance of the record of  rightsand annual registers referred to in Sections 114 and 132 specifying the  registers other than thosereferredtoin Sec. 114 to be prepared as constitutes of  the record of rights, and prescribing the particulars, often than those mentione  din Sec. 121, to be specified in the khatauni. 

(xxiv) regulating the procedure to be observed by Lord Records Officers in making  inquiries [under Sec. 124]. 

(xxv) regulating the mode of determining and recording Khudkasht land under Section  118. 

(xxvi) regulating the ascertainment and determination of are to be serserved ofr the  residence of the inhabitants of villages. 

(xxvii) prescribing the form, contents and mode of preparation of lists of villages under  Sec. 120. 

(xxviii) prescribing the intervals at whcih the annual registeres shallbe prepared under  Section 1223[the manner in which changes shall be recorded therein and the  fees to be charged for recording such changes). 

(xxix) prescribing the hours during which and the conditions oon which maps, field  book and registgers prepared under Chapter VII shall be optn to public  inspection, the fees on payment of which copies of entrie therein may be  prepared and issued and the mode of attestation of such copies, 

(xxx) regulating under Section 147 the procedure of Settlement Officers in conducing  the settlement operations. 

(xxxi) regulating the division under Section 150 of assessment circles or assessment  grups it to various soil classes, 

(xxxii) prescribing the manner in which the order stopping the recovery of rents in kind  under Sec. 165 shall be published, 

(xxxiii) regulating the intermediate revision of settlement in cases failing within the third  proviso to Sec. 175, 

(xxxiv)regulating the levy of a special urban rate under Sec. 180, 

(xxxv) regulating under Section 197 the determination of the general principles and  conditions of valiant of lands for the purposes of partitions,

(xxxvi)regulating the determination of the costs of partition and instalments and times of  payment thereof under Sec. 203, 

(xxxvii) regulating the division of an estate between the estate holder and the State  Government under Sec. 223, 

(xxxviii) prescribing under Section 226, the instalments, in which the persons to whom,  the times and places at which and the manner in which the revenue or rent due  to the State Government shall be paid, 

(xxxix)regulating the issue of writs of demand and citations under Sec. 229 directing by  what officers or classes of officers such processes shall be issued and fixing the  costs thereof to be recovered from defaulters, 

(xl) regulating the procedure to be adopted when any estate or a specific share or  Dani thereof is transferred under Section 234 or sold under Section 235,

(xli) regulating the costs, that may be recovered in or in respect of non-judicial  proceeding under this Act not connected with settlement 

(xlii) regulating the procedure to be followed by any officer or person required or  empowered under any provision of this Act to take any action in non-judicial  matter not connected with settlement, 

(xliii) regulating all matters which may be, or are required to be `prescribed or in  respect which rules may be, or are required to be made, under any provision of  this Act otherwise than by the Board under sub-section (1), and 

(xliii) geneally for carrying out the provisions of this Act. 

262. Patwaris, etc. to be public servants –

Every Patwari, Girdawar Qanungo or land  Records Inspetor 113[and Sadar Qanungo] appointed under Chapter III and every person  appointed temporarily to discharge the duties of any of them shall be deemed to be a public  servant within the meaning of S. 21 of the Indian Penal Code (Central Act XLV of 1960) and all  official and the property of the State. 

(113 Subs. v. Moti, 1982 RRD 470 (475). )

263. Repeal and Savings -

(1) On and from the coming into force of this Act, the following  shall stand reprealed in so far as the matters therein contained are covered by, or are  consistent with, the provisions of this Act, namely - 

(a) the enactment mentioned in the Second Schedule; 

(b) any laws of the covering State, other than the enactments mentioned in the  Second Schedule, relating to matters covered by the provisions of this Act; and (c) any law amending the enactments or laws referre to in clauses (a) & (b).

(2) The repeal of any enactment or law by this Act shall not legalize any practice which  immediately before the pasing of this Act was illegal. 

(3) Any custom or usage prevailing at the commencement of this Act in any part of the  State and having the force of law therein shall, if such custom or usage is repugnant to or  inconsistent with the provisions of this Act, cease to be operative to the extent of such  repugnance or inconsistency.