9[(5) The Constitution of the Board shall not be deemed to be invalid if any vacancy occurs on account of the death, resignation, expiry or termination of the appointment or temporary absence of the Chairman or any member.]
(5Subs. And shall be deemed always to have been subs. Vide Sec. 2(ii) of Raj. Act No. 21 of 1966, pub. in Raj. Rajpatra, Part IV-A, Extraordinary dt. 13-10-1966.
6Subs. For ten vide Sec. 2 of the Raj. Revenue (Admt.) Act 1986, pub. in Raj. Rajpatra, Part IV-(ka), Extraordinary dt. 15-9- 1986, Page 1, w.e.f. 23-7-1986.
7Subs. By Sec. 4 of Raj. Act No. 2 of 1958, pub. in Raj. Rajpatra, dt. 13-1-1958.
8Subs. Vide Raj. Act No. 6 of 1970, pub. in Raj. Rajpatra, dt. 24-4-1970.
9Ins. vide Raj. Act No. 6 of 1970, pub. in Raj. Rajpatra, dt. 24-4-1970. )
(10 Subs. Vide Part 1 of the Fourth Schedule to the Rajasthan Adaptation of Laws Order, 1955, pub. in Raj. Rajpatra, dt. 1- 11-1956. )
(11 Union of India v. Col. J.N. Sinha, AIR 1951 SC 40 : 1970 (2) SCC 458.)
7. Ministerial Officers –
(1) There may be appointed for the Board, a registrar and such other ministerial officers as may be necessary for the exercise and performance of the powers conferred and duties imposed on it by the Act or by or under any other enactment, rule or order for the time being in force.
(2) The Registrar and other officers appointed under sub-section (1) shall, subject to general or special orders of the State Government, exercise such powers and discharge such functions as the Board may direct.
8. Powers of the Board –
Subject to the other provisions of this Act or to the provisions of the Rajasthan Tenancy Act, 195 (Rajasthan Act 3 of 1955) or of any other law in force, the Board shall be the highest revenue court of appeal, revision and reference in Rajasthan:
Provided that in all matters where there is a doubt or dispute involving the determination of the jurisdiction of a civil or a revenue court in respect thereof, the decision of the High Court shall be final and binding on all civil and revenue courts in 12[the State] including the Board.
(2) In addition to the powers mentioned in sub-section (1)., the Board shall exercise such other powers and perform such other duties as may from time to time entrusted to it by the Government or as are conferred or imposed on the Board by or under this Act or any other law for the time being in force.
(12. Subs. Vide S. 4 of Raj. Act No. 2 of 1958, pub. in Raj. Rajpatra Part IV-A, Extra-ord., dt. 13-1-1958. )
9. General Superintendence of Subordinate Revenue Courts –
Subject to other provisions of this Act, the general superintendence and control over all revenue courts and over all revenue officers shall be versed in, and all such courts and officers shall be subordinate the Board.
10. Jurisdiction of Board how exercised –
(1) Except as otherwise provided by or under this Act or by any other law or enactment for the time being in force in the whole or any part of 13[the State and subject to an rule made in that behalf, the jurisdiction of the Board may be exercised -
(a) by the Chairman or any other member of the Board, sitting singly, or (b) by a Bench of the Board, consisting of two or more members:
Provided that a party aggrieved by a decision of a single member shall have the right to make a special appeal to a bench consisting of two or more members of the Board within one month from the date of the decision of the single member, 14[if the member who passed the judgment 15[and if the member who passed the judgment ceases to be attached the Board, any other member] declares that the case is a fit one for appeal].
(2) Subject to any rules made in that behalf, the Chairman may distribute the business of the Board & make such territorial or other divisions of its jurisdiction as he may deem fit.
(3) Every order made or act done under sub-section (1) or in accordance with the distribution or division made under sub-section (2), shallbe deemed to be the order or act, as the case may be, of the Board.
(13 Added vide Sec. 2 of Raj. Act No. 5 of 1964, published in Raj. Gazette Ex-ord., dt. 26-3-1964.
14 Substituted vide Sec. 4 o Raj. Act No. 2 of 1958, published in Raj. Rajpatra, dt. 13-1-1958.
15 Ins. vide Sec. 2 of Raj. Act No. 3 of 1991, pub. in Raj. Gaz. Ex-ord. 4 (Ka) dt. 27-3-1991, P. 101.)
11. Power to refer to a Bench –
The Chairman or any other member of the Board sitting singly for the disposal of any case or proceeding may, if he thinks fit, for reasons to be recorded in writing, refer any question of law or custom having the force of law or of the construction of any document arising before him in such case or proceeding, for the opinion of Bench, and the case or proceeding shall be disposed of in accordance with such opinion.
12. Power to refer question to High Court –
(1) If any case it appears to a Bench that any such question as is referred to in Section 11 is of public importance and that it is expedient to obtain the opinion of the High Court thereon, the Bench may refer the question to that Court.
(2) The High Court may, after such hearing as it thinks fit, record opinion on the question so referred and the decision of the case shall be in confirmity with such opinion.
13. Decision in case of difference of opinion –
(1) Where a case is heard by a Bench of the Board, the decision of such case shall be in accordance with the opinions of the majority of the members who hear it.
(2) Where such members are equally divide in opinion as to the order to be made in such case, the case shall be referred to another member and decided in accordance with the opinion of the majority of the members including such other members who hear it.
14. Registers etc. to be kept –
The Board shall cause to be kept and maintained such registers, books and accounts as may be prescribed o as may be necessary for the transaction of its business.