7. Board of Revenue.-
(1) There shall be a Board of Revenue for Uttar Pradesh consisting of a Chairman and such other members as the State Government may,from time to time, appoint: Provided that the Board as constituted and functioning immediately before the commencement of this Code shall be deemed to be the Board constituted under this section.
(2) (deleted).
(3) No person shall be qualified for appointment as: —
(a) an Administrative Member of the Board, unless he has held an office not lower in rank than that of a Commissioner;
(b) a Judicial Member of the Board, unless he has held an office not below the rank of a Collector.
(4) The State Government may, at the time of making the appointment or at any time subsequent thereto, designate any member, as Judicial Member of the Board, and any such member shall be allotted only judicial business.
8. Jurisdiction of the Board.-
(1) The Board shall be the Chief Controlling Authority-
(a) in all matters relating to disposal of cases, appeals or revisions; and
(b) subject to the superintendence, direction and control of the State Government, in all other matters provided in this Code.
(2) Subject to the provisions of the sub-section (1), the Board shall exercise, perform and discharge powers, functions and duties conferred upon it by or under this Code or any other law for the time being in force.
(3) The State Government may authorise any member of the Board to exercise, perform and discharge either generally or in respect of any particular locality or matter, all or any of the powers, functions and duties conferred or imposed on the Board.
9. Power to distribute business. -
(1) Subject to such rules or orders as the State Government may make or issue, the Board may distribute its business amongst its members as the Board may deem fit. Chairman may constitute bench or benches consisting of more than one member for disposal of a particular case or class of cases.
(2) All orders made or decrees passed by a member of the Board in accordance with such distribution shall be deemed to be orders or decrees, as the case may be, of the Board. 12
10.Decisions of the Board. -
(1) Where any proceeding coming under the consideration of the Board on appeal or in revision is heard by a Bench composed of two or more members, the case shall be decided in accordance with the opinion of such members or of the majority, if any, of such members.
(2) Where the members of the Board constituting the Bench are equally divided in opinion as to the decision of a case, it shall be heard by a larger Bench to be constituted by the Chairman, and the case shall be decided in accordance with the opinion of the members constituting such Bench or of the majority, if any, of such members.
(3) All decisions given by a member sitting singly, or by a Division Bench comprising two members or a larger Bench constituted as aforesaid shall be deemed to be decisions of the Board.
11. Commissioners and Additional Commissioners.-
(1) The State Government shall appoint in each division a Commissioner, who shall, within his division, exercise the powers and discharge the duties conferred and imposed on a Commissioner by or under this Code or any other law for the time being in force, and shall exercise authority over all the revenue officers in his division.
(2) The State Government may appoint one or more Additional Commissioners in one or more Divisions.
(3) An Additional Commissioner shall exercise such powers and discharge such duties of Commissioner in such cases or classes of cases as the State Government or, in the absence of any direction from the State Government, the Commissioner of the division may direct.
(4) The provisions of this Code and every other law for the time being applicable to a Commissioner shall apply to the Additional Commissioner when exercising powers or discharging any duties under this section, as if he were the Commissioner of the Division.
(5) The State Government may, at the time of making the appointment or at any time subsequent thereto, designate any Additional Commissioner, as Additional Commissioner (Judicial), and any such Additional Commissioner (Judicial) shall be allotted only judicial business. Such an Additional Commissioner (Judicial) shall exercise such powers and discharge such duties of Commissioner in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Commissioner of the Division, may direct.
12. Collectors and Additional Collectors. -
(1) The State Government shall appoint, in each district, a Collector who shall be in-charge of the revenue administration thereof and shall exercise all the powers and discharge all the duties conferred and imposed on a Collector by or under this Code or any other law for the time being in force.
(2) The State Government may appoint one or more Additional Collectors in a district.
(3) An Additional Collector shall, subject to the direction “and control of the State Government or of the Collector’, exercise all powers and discharge all duties of Collector.
(4) The provisions of this Code and every other law for the time being applicable to the Collector shall apply to the Additional Collector when exercising powers or discharging any duties under this section, as if he were the Collector of the district.
(5) The State Government may, at the time of making the appointment or at any time subsequent thereto, designate any Additional Collector, as Additional Collector (Judicial), and any such Additional Collector (Judicial) shall be allotted only judicial business. Such an Additional Collector (Judicial) shall exercise such powers and discharge such duties of Collector in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Collector of the District, may direct.
13. Sub-Divisional Officers and Additional Sub-Divisional Officers.-
(1) The State Government may appoint in each district as many persons as it thinks fit to be Assistant Collectors of the first or second class.
(2) The State Government may place an Assistant Collector first class incharge of one or more sub-divisions of a district, and such an officer shall be called the Assistant Collector first class in charge of a sub-division or a Sub-Divisional Officer.
(3) The officers referred to in sub-section (1) or sub-section (2) shall exercise all the powers and discharge all the duties conferred and imposed upon them by or under this Code or any other law for the time being in force, subject to the control of the Collector.
(4) The State Government may designate an Assistant Collector first class appointed to a district to be an Additional Sub-Divisional Officer for one or more tahsils of the district.
(5) Subject to the provisions of this Code, the Additional Sub-Divisional Officer shall exercise such powers and discharge such duties of a Sub-Divisional Officer in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Collector may direct.
(6) The State Government may, at the time of making the appointment or at any time subsequent thereto, designate any Assistant Collector first class, as Sub-Divisional Officer (Judicial) for one or more tahsils, and any such Sub-Divisional Officer (Judicial) shall be allotted only judicial business. Such a Sub-Divisional Officer (Judicial) shall exercise such powers and discharge such duties of a Sub-Divisional Officer in such cases or classes of cases as the State Government, or in the absence of any direction from the State Government, the Collector, may direct.
14. Tahsildars and Tasildars Judicial. -
(1) The State Government may appoint in each district as many persons as it thinks fit to be Tahsildars and Tahsildar Judicial.
(2) Subject to the provisions of this Code, the Tahsildar and Tahsildar Judicial shall exercise such powers and discharge such duties as the State Government or the Board, and in the absence of any directions from the State Government or the Board, the Collector may direct.
15. Naib-Tahsildars.-
The State Government may appoint in each district as many persons as it thinks fit to be Naib-Tahsildars who shall exercise the power and perform the duties conferred or imposed on them by or under this Code or under any other law for the time being in force.
16. Revenue Inspectors and Lekhpals.-
(1) The Collector may appoint in each tahsil one or more Revenue Inspectors for the proper supervision, maintenance and correction of the village records, and for such other duties as the State Government may, from time to time, by general or special order specify.
(2) The Collector may appoint in each tahsil, as many Lekhpals for the preparation, maintenance and correction of the village records, and for such other duties as the State Government may from time to time by general or special order, specify.
17. Combination of Offices. -
It shall be lawful for the State Government or the authority competent to appoint, as the case may be, to appoint one and the same person, being otherwise competent according to law for any two or more of the offices provided for in this Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise, as it may deem expedient.
18. Recovery of money, papers and other Government property.-
(1) The Collector may in cases in which there is claim outstanding on any revenue officer or on any person formerly employed as such in his district for public money or papers or other property of the State Government in his charge, by order, for reasons to be recorded, require the money, or the particular papers or property detained to be delivered either immediately to the bearer of the said order or to such person on such date and at such place as the order may specify.
(2) If the officer or other person aforesaid does not comply as directed, the Collector shall impose a penalty of two hundred and fifty rupees each day till the direction is complied with, so however, total amount of such penalty shall not exceed twenty five thousand rupees:
Provided that the officer or other person, as the case may be, shall be given a reasonable opportunity of hearing before any penalty is imposed on him.
(3) Imposition of penalty under sub-section (2) shall not bar the prosecution for any offence or recovery of money, papers and other government property under any law for the time being in force.
19. Other power of Revenue Officers. -
(1) When any power is exercisable or any duty is dischargeable by any officer or authority under this Code, such power or duty may be exercised or discharged by any superior officer or authority as well.
(2) The revenue officers appointed under this Code shall, subject to the control of the State Government, exercise such other powers and discharge such other duties, as the State Government may, by any general or special order, direct.