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CHHATTISGARH LAND REVENUE CODE, 1959
Preamble THE CHHATTISGARH LAND REVENUE CODE, 1959
THE 1[CHHATTISGARH] LAND REVENUE CODE, 1959
[Act No. 20 of 1959]
[21st September 1959]
PREAMBLE
An Act to consolidate and amend the law relating to land revenue, the powers of Revenue Officers, rights
and liabilities of holders of land from the State Government, agricultural tenures and other matters
relating to land and the liabilities incidental thereto in Chhattisgarh.
Be it enacted by the Chhattisgarh Legislature in the Tenth Year of the Republic of India as follows:
________________
1. ‘Chhattisgarh’ is substituted by Notification No. F624/Revenue/2001 dated 23.11.2001 in place of ‘Madhya Pradesh’ wherever
occurred (w.e.f. 1.11.2000).
Section 1 Short title, extent, and commencement
(1) This Act may be called the Chhattisgarh Land Revenue Code, 1959.
1[(2) It extends to the whole of Chhattisgarh but nothing contained in this Code except the
provisions relating to liability of land for payment of land revenue, the assessment of land revenue
with reference to the use of land, realisation of land revenue and all provisions ancillary thereto
shall apply to such areas as may, from time to time, be constituted as reserved or protected forest
under the Indian Forest Act, 1927 (XVI of 1927):
Provided that the aforesaid provisions of the Code shall apply with reference to the use of
land in such areas for one or more of the purposes specified in Section 59.]
(3) This Code shall come into force on such date]2 as the State Government may, by notification,
appoint.
________________
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1. Substituted by M.P. Act No. 25 of 1987 (w.e.f. 2851987).
2. Came into force from 2.10.1959 vide Notification dated 21.9.1959.
Section 2 Definitions
(1) In this Code, unless there is anything repugnant to the subject or context,
(a) "abadi" means the area reserved from time to time in a village in a nonurban area for
the residence of the inhabitants thereof or for purposes ancillary thereto, and any other local
equivalent of this expression such as "village site" or "gaonsthan" shall also be construed
accordingly;
(b) "agriculture" includes
(i) the raising of annual or periodical crops including betel leaves (Pan) and
waternuts (singhara) and garden produce;
(ii) horticulture;
(iii) the planting and upkeep of orchards; and
(iv) the reserving of land for fodder, grazing or thatching grass;
[(v) the use of land for poultry, fisheries or animal husbandry in an area situated
more than five kilometers away from the periphery of urban areas;]1
(c) "agricultural year" means the year commencing on the first day of July or such other
date as the State Government may, by notification, appoint;
(d) "Board" means the Board of Revenue constituted under Section 3;
(e) "bonafide agriculturist" means a person who cultivates land personally or who may
reasonably be expected to cultivate personally;
(f) "cooperative society" means a society registered as such under any law relating to Co
operative Societies in force for the time being in any region of the State;
(g) "Government forest" means a forest constituted as a reserve forest or protected forest
in accordance with the provisions of the Indian Forest Act, 1927 (XVI of 1927);
(h) "Government lessee" means a person holding land from the State Government under
Section 181;
(i) "holding" means
(i) a parcel of land separately assessed to land revenue and held under one tenure;
and
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(ii) in reference to land held by a tenant a parcel of land held from a bhumiswami
under one lease or set of conditions;
(j) "Improvement" means with reference to a holding, any work which adds materially to the
value of the holding which is suitable thereto and consistent with the purpose for which it is
held and which, if not executed on the holding, is either executed directly for its benefit or is
after execution, made directly beneficial to it; and, subject to the foregoing provisions,
includes
(i) the construction of tanks, wells, water channels, embankments and other works
for storage, supply, or distribution of water for agricultural purposes;
(ii) the construction of works for the drainage of land or for the protection of land
from floods, or from erosion or other damage from water;
(iii) the planting of trees and the reclaiming, clearing, enclosing, levelling or
terracing of land;
(iv) the erection of buildings on or in the vicinity of the holding, elsewhere than in the
abadi or urban area, required for the convenient or profitable use or occupation of
the holding; and
(v) the renewal or reconstruction of any of the foregoing works, or alterations therein
or additions thereto;
but does not include
(a) temporary wells and such water channels, embankments, levelling, enclosures or
other works or petty alterations in or repairs to such works, as are commonly made
by cultivators of the locality in the ordinary course of agriculture; or
(b) any work, which substantially diminishes the value of any land, wherever
situated, in the occupation of any other person, whether as bhumiswami or
occupancy tenant;
Explanation.A work, which benefits several holdings, may be deemed to be
an improvement with respect to each of such holdings;
(k) "land" means a portion of the earth's surface whether or not under water; and, where
land is referred to in this Code, it shall be deemed to include all things attached to or
permanently fastened to anything attached to such land;
(l) "landless person" means a person who is bonafide agriculturist and who whether
individually or jointly with other members of his family hold no lands or land less than the
area which may be prescribed in this behalf;
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Explanation.For purposes of this clause the family of a person shall be deemed to
consist of his spouse, issue, and parents.
(m) "land records" means records maintained under the provisions of this Code;
(n) "legal practitioner" means any person entitled to practice in any of the Courts in
Chhattisgarh under the Legal Practitioners Act, 1879 (XVIII of 1879),2 or under any other law
for the time being in force;
(o) "mango grove" means mango trees planted in such numbers that they preclude or when
full grown are likely to preclude the land on which they stand or any major portion thereof
from being used primarily for any purpose other than planting of trees;
(p) "orchard" means fruit trees planted in such numbers than they preclude or when full
grown are likely to preclude the land on which they stand or any major portion thereof from
being used primarily for any purpose other than planting of trees;
(q) "plot number" means a portion of land in urban area formed into or recognised as a plot
number under Section 93, in respect of which the area and the land revenue payable are
separately entered in the prescribed records under an indicative number and includes any
portion of land entered in the previous records under an indicative number known as khasra
or survey number;
(r) "recognised agent" in reference to a party to a proceeding under the Code means
(i) a person authorised under a power of attorney by such party to make appearance
and applications and to do other acts on his behalf in such proceedings; and
(ii) a person authorised in writing by such party to make appearance on his behalf in
such proceedings;
(s) "region" means the Mahakoshal region, the Madhya Bharat region, the Bhopal region, the
Vindhya Pradesh region and the Sironj region, or any of these, as the case may be;
(t) "rents" means whatever is paid or is payable in money or in kind
(i) by an occupancy tenant to his bhumiswami according to the provisions of Section
188 or by a lessee to his bhumiswami on account of the use or occupation of land
held by him from such bhumiswami; or
(ii) by a Government lessee to the Government on account of the use or occupation
of land leased out to him by the Government;
(u) "Revenue Officer" in any provision of this Code means such Revenue Officer as the State
Government may, by notification, direct to discharge the functions of a Revenue Officer
under that provision;
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(v) "revenue year" means the year commencing on such date as the State Government may,
in the case of any special local area, by notification, appoint;
(w) "subdivision of a survey number" means a portion of a survey number in respect of
which the area and the land revenue payable are separately entered in the land records
under an indicative number subordinate to that of the survey numbers of which it is a
portion;
(x) "survey number" means a portion of land in nonurban area formed into, or recognised
as a survey number at the last preceding revenue survey, or subsequently recognised as
such by the Collector, in respect of which the area and land revenue payable are separately
entered under an indicative number in the land records; and includes, any portion of land
entered in the land records under an indicative number known as the khasra number;
(y) "tenant" means a person holding land from a bhumiswami as an occupancy tenant under
Chapter XIV;
(z) "tenureholder" means a person who holds land from the State Government and who is
or is deemed to be bhumiswami under the provisions of this Code;
(z1) "timber trees" means trees of the following species, namely:
(i) Tectona grandis (sagwan);
(ii) Pterocarpus Marsumpium (bija);
(iii) Dalberia latifolia (shisham);
(iv) Shorea robusta (sal);
(v) tinsa;
(vi) Terminalia tomentosa (ain or saj);
(vii) Santalumalbam (Chandan);
3[(viii) Adina cardifolia (Haldoo)
(ix) Mitragyna Parviflora (Mundi);
(x) Terminalia Arjuna (Arjun);
(xi) Diaspyrous melanoxylon (Tendu);
(xii) Gmelina arborea (Khamhar)].
(z2) "to cultivate personally" means to cultivate on one's own account
(i) by one's own labour; or
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(ii) by the labour of any member of one's family; or
(iii) by servants on wages payable in cash or kind but not in crop share; or
(iv) by hired labour under one's personal supervision or the personal supervision of
any member of one's family;
(z3) "unoccupied land" means the land in a village other than the abadi or service land, or
the land held by a bhumiswami, a tenant or a Government lessee;
(z4) "urban area" means the area for the time being included within the limits of any
municipal corporation or any municipality or notified area constituted under any law for the
time being in force relating to municipalities or any village or group of villages which may
be specified by the State Government as urban area; and the expression "nonurban area"
shall be construed accordingly;
(z5) "village" means any tract of land which, before the coming into force of this Code, was
recognised as or was declared as a village under the provisions of any law for the time
being in force and any other tract of land which is hereafter recognised as a village at any
revenue survey or which the State Government may, by notification, declare to be a village.
(2) Any reference made in this Code to the date of coming into force of this Code shall be
construed as a reference to the date appointed by notification under subsection (3) of
Section 1.
________________
1. Inserted by M.P. Act No. 22 of 2003 (w.e.f. 21.4.2003).
2. See now Advocates Act, 1961 (No. 25 of 1961).
3. Inserted by C.G. Amendment Act No. 31 of 2002 (w.e.f. 3.11.2002).
Section 3 Constitution of Board of Revenue
1[(1) There shall be a Board of Revenue for Chhattisgarh having a President.
(2) In addition to the President, the State Government may appoint as many members as it may
deem fit.]
_____________________
1. Substituted vide C.G. Amendment Act No. 11 of 2003 (w.e.f. 23112002).
Section 4 Principal seat and other places of sittings of Board of Revenue
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(1) The principal seat of the Board shall be at such place as the State Government may, by notified
order, appoint.
(2) Notwithstanding anything contained in subsection (1), the President and members of the Board
may also sit at such other place or places as the President of the Board may with the approval of
the State Government, appoint.
Section 5 Conditions of service of members of Board
(1) When any member is, by reason of absence or otherwise, unable to perform the duties of his
office, the State Government may, by notification, appoint any person to be, for the time being, a
member of the Board.
(2) Except as expressly provided by this Code, the terms and conditions of service of the President
and members of the Board shall be such as may be prescribed and the terms and conditions laid
down by the State Government for the President and members of the existing Board shall continue
in force until modified or superseded under this section.
(3) A person shall not be qualified for appointment as a member of the Board unless he
(a) is eligible for appointment as a Judge of the High Court; or
(b) has been a Revenue Officer, and has held, for at least five years, an office not lower in
rank than that of a Collector.
Section 6 Salaries and allowances
There shall be paid to the members of the Board such salaries and allowances as the State
Government may determine and those salaries and allowances shall be charged on the consolidated
fund of the State.
Section 7 Jurisdiction of Board
(1) The Board shall exercise the powers and discharge the functions conferred upon it by or under
this Code and such functions of the State Government as may be specified by notification by the
State Government in that behalf and such other functions as have been conferred or may be
conferred by or under any Central or State Act on the Chief Revenue Authority or the Chief
Controlling Revenue Authority.
(2) The State Government may, subject to such conditions as it may deem fit to impose, by
notification, confer upon, or entrust to the Board or any member of the Board additional powers or
functions assigned to the State Government by or under any enactment for the time being in force.
RULES
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(RULES MADE UNDER SECTION 7REGARDING EXERCISE OF JURISDICTION BY SINGLE MEMBER
AND BENCHES)1
1. In these rules unless there is anything repugnant in the subject or context,
(a) "President" means the President of the Board;
(b) "Member" means a Member of the Board.
2[2. (i) The President shall from time to time, decide the allocation of work distribution of cases
among himself and the members.
(ii) Save as hereinafter provided, all appeals and applications for revision or for review and
other applications shall be disposed of by a member sitting alone, according to the work
distribution allocated to him, from time to time, by the President.
3. (i) The President may, by an order in writing, decide that any proceeding or class of cases
shall be heard and disposed of by a bench of more than one member (hereinafter referred to as
Division or Full Bench).
(ii) Member sitting alone may refer any proceeding pending before him to the President with
a recommendation that it be placed before a bench when it involves a complicated or
important question of law or of practice and procedure pertaining to revenue or settlement
matters.
(iii) In making the reference under subrule (2), the Member may state the question or
questions for decision or may, ask that the entire proceeding be decided by the Bench to
which it is referred. In the former case, he shall dispose of the proceedings in accordance
with the decision of the Bench on the question or questions referred to it.]
4. (1) A member sitting alone shall refer any proceeding pending before him to the President with
a recommendation that it be placed before a Division Bench, if he considers that the decision which
he proposes to take in the proceedings involves substantial departure from an earlier decision of a
Member sitting alone, till then regarded as of a binding nature.
(2) In making the reference under subrule (1), the Member shall state the question or
questions involved and shall dispose of the proceedings in accordance with the decision of
the Division Bench on the question or questions referred to it.
5. (1) If a member sitting alone or a Division Bench feels that the decision of the proceeding
pending before him or it involves, reconsideration of an earlier decision of a Division Bench of the
Board or the former Revenue Tribunal the Member or the Bench may refer the matter to the
President with a recommendation that the proceeding be placed before a Full Bench consisting of
not less than three members.
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(2) In making the reference under subrule (1), the Member or the Division Bench may state
the question or questions for decision or may ask that the entire proceeding be decided by
the Full Bench to which it is referred. In the former case, the Member or the Division Bench
shall dispose of the proceeding in accordance with the decision of the Full Bench on the
question or questions referred to it.
6. In the event of a difference of opinion between the Members constituting a Division Bench, the
opinions of both shall be submitted to a third member nominated by the President who shall dispose
of the matter finally.
7. An application for review of an order shall be decided by the member who or the Bench which
passed the order of which review is sought. Where the member is not available or the Bench/for
any reason, cannot be reconstituted, the application shall be decided by the member or the Bench
nominated ad hoc by the President.
________________
1. Notification No. 19683059Estt., dated 17.10.1959.
2. Substituted by Notification No. 11482584Estt., dated 29.5.1984.
Section 8 Powers of Superintendence of Board
The Board shall, in respect of all matters subject to its appellate or revisional jurisdiction, have
superintendence over all authorities in so far as such authorities deal with such matters and may
call for returns.
Section 9 Exercise of jurisdiction by single members and benches
The Board may make rules for the exercise of powers and functions of the Board by benches
constituted of one or more members thereof, and all decisions given by such benches in exercise of
such powers or functions shall be deemed to be the decisions of the Board.
Section 10 Cases pending at commencement of Code
1[(1) All appeals, applications for revision, review and other proceedings under the Code pending
before the Board of Revenue of Madhya Pradesh, relating to the State of Chhattisgarh on 31st
October, 2002 shall stand transferred to and, be heard and decided by the Board of Revenue of
Chhattisgarh.]
2[(2) (a) All cases of:
(i) First appeal against the order of Collector whether exercising the powers of Collector or
Settlement Officer during the currency of settlement, pending before the Board;
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(ii) Second appeal against the order of the SubDivisional Officer or the Collector pending
before the Board;
(iii) Second appeal against the order of the SubDivisional Officer pending before the
Collector;
Shall stand transferred to the Commissioner.
(b) All cases of revision, review and other proceedings which stood transferred to the Board from
the Commissioner after 23rd. November 2002 and pending before the Board, shall stand transferred
to the Commissioner;
(c) In the cases of revision instituted on an application made by the party after 23rd. November
2002 and pending before the Board the party may make an application for transfer of such case to
the Commissioner and if such an application is made, the Board shall transfer the case to the
Commissioner.]
________________
1. Substituted by C.G. Amendment Act No. 11 of 2003 (w.e.f. 23.11.2002.
2. Substituted for subsection (2) and proviso of Section 10 by CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.
Section 11 Revenue Officers
There shall be the following classes of the Revenue Officers, namely:
1[xxxxx]
2[Commissioners (including Additional Commissioners)] Settlement Commissioner (including
Additional Settlement Commissioners);
Collectors (including Additional Collectors);
Settlement Officers;
SubDivisional Officers;
Assistant Collectors;
3[Joint Collectors (including Deputy Collectors)];
3[Deputy Settlement Officers;]
Assistant Settlement Officers;
Tahsildars (including Additional Tahsildars);
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Superintendents of Land Records;
Naib Tahsildars;
Assistant Superintendents of Lands Records.
________________
1. Omitted by C.G. Amendment Act No. 11 of 2003 (w.e.f. 23.11.2002.
2. Inserted by CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.
3. Substituted by M.P. Amendment Act No. 2 of 1990 (w.e.f. 6.2.1990).
Section 12 Control over Revenue Officers
(1) All Revenue Officers shall be subordinate to the State Government.
(2) 1[All Revenue Officers in a Division shall be subordinate to the Commissioner]
(3) Unless the State Government otherwise directs all Revenue Officers in a district shall be
subordinate to the Collector.
________________
1. Inserted by CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.
Section 13 Power to alter, create or abolish divisions, districts, subdivisions and tahsils
(1) The State Government may create divisions comprising of such districts as it may deem fit and
may abolish or alter the limits of such divisions.
(2) The State Government may alter the limits of any district or tahsil and may create new, or
abolish existing districts or tahsils, and may divide any district into subdivisions and may alter the
limits of or abolish, any subdivision:
Provided that the State Government before passing any orders under this section on any
proposal to alter the limits of any 1[xxx] district or tahsil or to create new or abolish
existing 2[xxx] districts or tahsil, shall publish in the prescribed form such proposals for
inviting objections and shall take into consideration any objections to such proposal.
(3) Subject to the orders of the State Government under subsection (2), every tahsil shall be
deemed to be a subdivision of a district.
RULES3
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Any proposal to alter the limits of any division or district or tahsil or to create a new abolish an
existing division or district or tahsil shall be published in the following form :
NOTICE
In pursuance of the provision contained in the proviso to subsection (2) of Section 13 of the
Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959), notice is hereby given that in exercise of
the powers conferred by subsection (l)/subsection (2) of the said section, the State Government
propose to alter the limits of division/district/tahsil, to create a new division/district/tahsil, to
abolish the existing division/ district/tahsil, and to define the limits thereof as specified in the
Schedule below.
The proposal will be taken into consideration on the expiry of sixty days from the date of
publication of this notice in the "Chhattisgarh Gazette" and any objections or suggestions in respect
thereof may be forwarded, in writing to the Secretary to Government, Chhattisgarh, Revenue
Department, before the expiry of the said period :
SCHEDULE
Division/district/tahsil Nature of Limits
change
N
E
S
W
Reasons for proposed change
(2) The notice shall be published in the "Chhattisgarh Gazette" and in such other manner as
the State Government may deem fit.
________________
1. Inserted by CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.
2. Omitted by Chhattisgarh Ordinance (No. 1 of 2008) w.e.f. 5.4.2008.
3. Notification No. 1746477VIIN (Rules), dated 6.1.1960.
Section 14 Power to appoint Commissioners or Divisions
1[(1) The State Government shall appoint in each division a Commissioner who shall exercise
therein the powers and discharge the duties conferred and imposed on a Commissioner by or under
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this Code or under any other enactment for the time being in force.
(2) The State Government may, subject to such conditions as it may deem fit to impose, by
notification, confer upon the Commissioner any of the powers or functions assigned to the State
Government by or under any enactment for the time being in force.]
________________
1. Inserted by CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.
Section 15 Power to appoint Additional Commissioner
(1) The State Government may appoint an Additional Commissioner in a division or in two or more
divisions.
(2) An Additional Commissioner shall exercise such powers and discharge such duties conferred and
imposed on a Commissioner by or under this Code or by or under any other enactment for the time
being in force in such cases or class of cases as the State Government may, by a general order,
notify or as the Commissioner of the division may, subject to any general or special restrictions
imposed by the State Government, by an order in writing direct.
(3) This Code and every other enactment for the time being in force and any rule made under this
Code or any such other enactment shall, except where expressly directed otherwise, apply to the
Additional Commissioner when exercising any powers or discharging any duties under subsection
(2) as if he were the Commissioner of the division.
Section 16 Power to appoint Collector
The State Government shall appoint in each district a Collector who shall exercise therein the
powers and discharge the duties conferred and imposed on a Collector by or under this Code or any
other enactment for the time being in force.
Section 17 Power to appoint Additional Collectors
(1) The State Government may appoint one or more Additional Collector in a district.
(2) An Additional Collector shall exercise such powers and discharge such duties conferred and
imposed on a Collector by or under this Code or by or under any other enactment for the time
being in force, in such cases or class of cases as the State Government may, by a general order,
notify or as the Collector of the district may, subject to any general or special restrictions imposed
by the State Government, by an order in writing direct.
(3) This Code and every other enactment for the time being in force and any rule made under this
Code or any such other enactment shall, except where expressly directed otherwise, apply to the
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Additional Collector, when exercising any powers or discharging any duties under subsection (2),
as if he were the Collector of the district.
Section 18 Appointment and powers of Assistant Collectors, Joint Collectors and Deputy Collectors
1[The State Government may appoint for each district as many persons as it thinks fit to be
(i) Assistant Collectors of the first and second grades;
(ii) Joint Collectors; and
(iii) Deputy Collectors,
who shall exercise such powers as the State Government may, by notification, direct.]
________________
1. Substituted by M.P. Act No. 2 of 1990 (w.e.f. 6.2.1990).
Section 19 Appointment of Tahsildars, Additional Tahsildars and Naib Tahsildars
(1) The State Government may appoint in each tahsil a Tahsildar and one or more NaibTahsildars
who shall exercise therein the powers and perform the duties conferred or imposed on them by or
under this Code or under any other enactment for the time being in force.
(2) The State Government may appoint one or more Additional Tahsildars in a tahsil. An Additional
Tahsildar shall exercise such power and discharge such duties conferred or imposed on a Tahsildar
by or under this Code or by or under any other enactment for the time being in force as the
Collector of the district may by an order in writing direct.
Section 20 Appointment of Superintendents of Land Records and Assistant Superintendents of
Land Records
(1) The State Government may appoint to each district as many persons as it thinks fit, to be
Superintendents of Land Records and Assistant Superintendents of Land Records.
(2) The Superintendents and Assistant Superintendents of Land Records shall exercise the powers
and perform the duties conferred and imposed on them by or under this Code or any other
enactment for the time being in force.
Section 21 Other Officers
(1) The State Government may appoint such other officers and invest them with such power as may
be necessary to give effect to the provisions of this Code.
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(2) Such officers shall discharge such duties and be subordinate to such authorities as the State
Government may direct.
Section 22 SubDivisional Officers
1[(1) The Collector may place one or more Assistant Collectors or 2[Joint Collector or Deputy
Collector] incharge of a subdivision of a district or incharge of two or more subdivisions of a
district.]
(2) Such Assistant Collector or 2[Joint Collector or Deputy Collector] shall be called a SubDivisional
Officer and shall exercise such powers of a Collector as the State Government may, by notification,
direct.
________________
1. Substituted by M.P. Amendment Act No. 53 of 1984 (w.e.f. 12.12.1983).
2. Substituted by M.P. Amendment Act No. 2 of 1990 (w.e.f. 6.2.1990.
Section 23 Subordination of Revenue Officers
Unless the Collector otherwise directs, every Revenue Officer in a subdivision shall be subordinate
to the SubDivisional Officer and a NaibTahsildar in a tahsil shall be subordinate to the Tahsildar.
Section 24 Conferral by State Government of powers of Revenue Officers on Officials and other
persons
(1) The State Government may confer on any person the powers conferred by or under this Code
on any Revenue Officer.
(2) The State Government may confer on any Assistant Collector, Tahsildar or NaibTahsildar the
powers conferred by this Code on a Revenue Officer of a higher grade.
Section 25 Powers exercisable on transfer
If any Revenue Officer, who has been invested with any powers under this Code in any tahsil or
district, is transferred to an equal or higher office of the same nature in any other tahsil or district,
he shall, unless the State Government otherwise directs, exercise the same powers under this Code
in such other tahsil or district.
Section 26 Collector in case of temporary vacancy
If the Collector dies or is disabled from performing his duties, the officer who is temporarily placed
in charge of the current duties of the Collector shall be held to be the Collector under this Code until
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the State Government appoints a successor to the Collector so dying or disabled and such successor
takes charge of his appointment.
Section 27 Place of holding enquiries
Except for reasons to be recorded in writing, no Revenue Officer shall enquire into, or hear, any
case at any place outside the local limits of his jurisdiction:
Provided that a SubDivisional Officer may enquire into, or hear, any case at any place
within the district to which he is appointed.
Section 28 Power to enter upon and survey land
All Revenue Officers, Revenue Inspectors, measurers and patwaris and when under their
observation and control, their servants and workmen when so directed, may enter upon and duties
under this Code or any other enactment for the time being in force and in so doing shall cause no
more damage than may be required for the due performance of their duties:
Provided that no person shall enter into any building or upon any enclosed Court or garden
attached to a dwelling house, unless with the consent of the occupier thereof, without giving
such occupier at least twentyfour hours' notice, and in making such entry due regard shall
be paid to the social and religious sentiments of the occupier.
Section 29 Power to transfer cases
(1) Whenever it appears to the Board that an .order under this section is expedient for the ends of
justice, it may direct that any particular case be transferred from one Revenue Officer to another
Revenue Officer of an equal or superior rank in the same district or any other district.
(2) 1[The Commissioner, on an application made to him in this behalf may, if he is of the opinion
that it is expedient for the ends of justice, order that any particular case be transferred from a
Revenue Officer to another Revenue Officer of an equal or superior rank in the same district or any
other district in the same division.]
________________
1. Inserted by CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.
Section 30 Power to transfer cases to and from subordinates
(1) A 1[xxx] Collector, a SubDivisional Officer, or a Tahsildar may make over any case or class of
cases arising under the provisions of this Code or any other enactment for the time being in force,
for decision from his own file to any Revenue Officer subordinate to him competent to decide such
case or class of cases, or may withdraw any case or class of cases from any such Revenue Officer
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and may deal with such case or class of cases himself or refer the same for disposal to any other
Revenue Officer subordinate to him competent to decide such case or class of cases.
(2) A [Commissioner, a] Collector, a SubDivisional Officer, or a Tahsildar may make over for
inquiry and report any case or class of cases arising under the provisions of this Code or any other
enactment for the time being in force from his own file to any Revenue Officer subordinate to him.
________________
1. Inserted by CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.
Section 31 Conferral of Status of Courts on Board and Revenue Officers
The Board or a Revenue Officer, while exercising power under this Code or any other enactment for
the time being in force to enquire into or to decide any question arising for determination between
the State Government and any person or between parties to any proceedings, shall be a Revenue
Court.
Section 32 Inherent power of Revenue Courts
Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Revenue
Court to make such orders as may be necessary for the ends of justice or to prevent the abuse of
the process of the Court.
Section 33 Powers of Revenue Officers to require attendance of persons and production of
documents and to receive evidence
(1) Subject to the provisions of Sections 132 and 133 of the Code of Civil Procedure, 1908 (V of
1908) and to rules made under Section 41, every Revenue Officer acting as a Revenue Court shall
have power to take evidence, to summon any person whose attendance he considers necessary
either to be examined as a party or to give evidence as a witness or to produce any document for
the purposes' of any inquiry or case arising under this Code or any other enactment for the time
being in force.
(2) No person shall be ordered to attend in person, unless he resides
(a) within the limits of the tahsil if the Revenue Officer acting as a Revenue Officer is a
NaibTahsildar and in the case of any other Revenue Officer, within the local limits of his
jurisdiction; or
(b) without such limits but at a place less than fifty, or where there is a railway
communication or other established public conveyance for fivesixths of the distance
between the place where he resides and the place where he is summoned to attend, less
than two hundred miles distant from such place.
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(3) Any person present may be required by any such Revenue Officer to give evidence or to
produce any document then and there in his possession or power.
(4) Every such Revenue Officer shall have power to issue a commission to examine any person who
is exempted from attending Court or who cannot be ordered to attend in person or is unable to
attend on account of sickness or infirmity.
Section 34 Compelling attendance of witness
If any person on whom a summons to attend as witness or to produce any document has been
served fails to comply with the summons, the officer by whom the summons has been issued under
Section 33 may
(a) issue a bailable warrant of arrest;
(b) order him to furnish security for appearance; or
(c) impose upon him a fine not exceeding rupees fifty.
Section 35 Hearing in absence of party
(1) If on the date fixed for hearing a case or proceeding, a Revenue Officer finds that a summons
or notice was not served on any party due to the failure of the opposite party to pay the requisite
process fees for such service, the case or proceeding may be dismissed in default of payment of
such process fees.
(2) If any party to a case or proceeding before a Revenue Officer does not appear on the date fixed
for hearing after due service of a notice or summons on him the case may be heard and
determined in his absence or may be dismissed in default, as the case may be.
(3) The party against whom any order is passed under subsection (1) or (2) may apply within
thirty days from the date of such order or knowledge of the order in case the notice or summons
was not duly served to have it set aside on the ground that he was prevented by any sufficient
cause from paying the requisite process fees for service of a summons or notice on the opposite
party or from appearing at the hearing and the Revenue Officer may, after notice to the opposite
party which was present on the date on which such order was passed and after making such inquiry
as he considers necessary, set aside the order passed.
(4) Where an application filed under subsection (3) is rejected, the party aggrieved may file an
appeal to the authority to whom an appeal lies from an original order passed by such officer.
(5) Except as provided in subsection (4) or except where a case or proceeding before any Revenue
Officer has been decided on merits, no appeal shall lie from an order passed under this section.
Section 36 Adjournment of hearing
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(1) A Revenue Officer may, from time to time, for reasons to be recorded and on such terms as to
costs, adjourn the hearing of a case or proceeding before him.
(2) The date and place of an adjourned hearing of a case or proceeding shall be intimated at the
time of the adjournment to such of the parties and witnesses as are present.
Section 37 Power to award costs
A Revenue Officer may award costs incurred in any case or proceeding arising under this Code or
any other enactment for the time being in force in such manner and to such extent, as he thinks fit:
Provided that the fees of a legal practitioner shall not be allowed as costs in any such case
or proceeding, unless such officer considers otherwise for reasons to be recorded by him in
writing.
Section 38 Manner of executing order to deliver possession of immovable property
Where any person against whom an order to deliver possession of immovable property has been
passed under this Code such order shall be executed in the following manner, namely :
(a) by serving a notice on the person or persons in possession requiring them within such
time as may appear reasonable after receipt of the said notice to vacate the land; and
(b) if such notice is not obeyed, by removing or deputing a subordinate to remove any
person who may refuse to vacate the same; and
(c) if the officer removing any such person is resisted or obstructed by any person, the
Revenue Officer shall hold a summary inquiry into the facts of the case, and if satisfied that
the resistance or obstruction was without any just cause, and that such resistance or
obstruction still continues, may, without prejudice to any proceedings to which such person
may be liable under any law for the time being in force for the punishment of such
resistance or obstruction, take or cause to be taken, such steps and use, or cause to be
used, such force as may, in the opinion of such officer, be reasonably necessary for securing
compliance with the order.
Section 39 Persons by whom appearances and applications may be made before and to Revenue
Officers
Save as otherwise provided in any other enactment for the time being in force, all appearances
before, applications to and acts to be done before any Revenue Officer under this Code or any other
enactment for the time being in force may be made or done by the parties themselves or by their
recognised agents or by any legal practitioner:
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Provided that subject to the provisions of Sections 132 and 133 of the Code of Civil
Procedure, 1908 (V of 1908), any such appearance shall, if the Revenue Officer so directs,
be made by the party in person:
Provided further that appearance alone may be made by a recognized agent falling under
item (ii) of clause (r) of subsection (1) of Section 2.
Section 40 Effect of rules in Schedule I
The rules in Schedule I shall have effect as if enacted in the body of this Code until annulled or
altered in accordance with the provisions of this Chapter.
Section 41 Power of Board to make rules
(1) The Board may, from time to time, make rules consistent with the provisions of this Code
regulating the practice and procedure of the Board and the procedure to be allowed by other
Revenue Courts and may by such rules annul, alter or add to all or any of the rules in Schedule I.
(2) In particular and without prejudice to the generality of the powers conferred by subsection (1),
such rules may provide for all or any of the following matters, namely:
(a) the service of summons, notices and other processes by post or in any other manner
either generally or in any specified areas, and the proof of such service;
(b) the regulation of power of Revenue Officers to summon parties and witnesses and the
grant of expenses to witnesses;
(c) the regulation of recognised agents with regard to appearances, applications and acts
done by them in proceedings under this Code;
(d) procedure to be observed in effecting attachment of movable and immovable properties;
(e) procedure for publishing, conducting, setting aside and confirming sales and all ancillary
matters connected with such proceedings;
(f) the maintenance and custody, while under attachment, of live stock and other movable
property, the fees payable for such maintenance and custody, the sale of such livestock and
property and the proceeds of such sale;
(g) consolidation of appeals and other proceedings;
(h) all forms, registers, books, entries and accounts, which may be necessary or desirable
for the transaction of the business of Revenue Courts;
(i) the time within which, in the absence of any express provision, appeals or applications
for revision may be filed;
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(j) the cost of and incidental to any proceedings;
(k) examination of witnesses on commission and payment of expenses incidental to such
examination;
(l) licensing of petitionwriters and the regulation of their conduct.
(3) Such rules shall be subject to the condition of previous publication and approval of the State
Government, and after they are so made and approved they shall be published in the Gazette, and
shall, from the date of publication or from such other date as may be specified, have the same
force and effect as if they were contained in Schedule I.
RULES
RULES MADE UNDER SECTION 41 REGARDING THE PRACTICE AND PROCEDURE OF THE BOARD1
AMENDING NOTIFICATIONS
Notification No. 104, dated 2911974, published in M.P, Rajpatra Part 4 (Ga),
1.
dated 821974.
Notification No. 1880, dated 2371977, published in M.P. Rajpatra, Part 4
2.
(Ga), dated 321978 at p. 37, and
Notification No. 27222342, dated 1291989, published in M.P. Rajpatra, Part
3.
4 (Ga), dated 13101989 at p. 187.
2[1. Court hours of the Board.The Court hours of the Board shall be such as may be fixed by the
President from time to time. They shall be notified in the Government Gazette and on the notice
board in the office of the Board.]
2. Presentation of Appeals, Review and Revision Applications and other Applications.All
appeals, review and revision applications and other applications to the Board shall be in the official
language of the Board.
3. (1) Where a document filed is in any Indian language other than Hindi, it shall be
accompanied by a transliteration in the Devanagari script and also by a translation either in English
or in Hindi.
(2) Where a document filed is in a language other than an Indian language or English, it
should be accompanied by a translation in official language of the Board.
4. Every appeal, review and revision application shall be preferred in the form of a memorandum,
signed and dated by the appellant or applicant or his recognized agent or his counsel, or if the
petitioner or applicant is illiterate, his thumbmark attested by the signature of one literate person.
Each such appeal or application for revision shall be accompanied by a certified copy of the order
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appealed against or of which revision is sought. Where such order is not complete in itself and
refers, for its reason, to or is otherwise founded on, some other report or order, a certified copy of
such report or order shall also be filed along with that of the order itself.
3[5. (1) Appeals, applications, review or revision and other applications shall be presented:
at the Board's Headquartersto the clerk of Court.
at the District Headquartersto the Superintendent of the District Office concerned,
and
at the Divisional Headquartersto the Superintendent of the Office of the
Commissioner of the concerned Division.]
(2) They shall be presented in person by an appellant or applicant, his recognized agent or
counsel:
Provided that, if the memorandum is signed by the counsel they may be presented by
his recognised clerk.
6. The official receiving the appeal, review or revision application or other application shall
immediately make an endorsement on it under his signature and name of office, showing who
presented it and the date of presentation. If the question of time appears likely to be relevant, he
shall also endorse the time at which he received it.
7. When a Superintendent of District Office receives an appeal or a revision application he shall
prepare a receipt in Form XXA158R.E.C.P. in triplicate. One copy shall be retained as counterfoil,
one copy given to the person presenting the appeal or revision, and one copy sent to clerk of Court
who shall return it duly acknowledged.
8. The Superintendent shall verify that each memorandum of an appeal or revision application is
accompanied by certified copies referred to in Rule 4. He shall note the value of the courtfee
stamps affixed to the memorandum of appeal or revision application, as the case may be, and to
the certified copies and the Vakalatnama, if any, but shall not punch them. The clerk of Court shall
check the correctness of the courtfee stamps affixed, and shall punch and cancel them.
9. All appeals and revision applications shall be forwarded by the Superintendent within three days
of their presentation. All necessary records shall be sent with appeals. No records shall be sent
with applications for revision,
10. A prayer for stay of execution of an order shall not be embodied in die memorandum of appeal
or application for review or revision, but shall be made by a separate application. Such application
shall state whether an application for stay of execution of the order was made to the Lower Court,
and if so, with what result.
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The application may be presented in any manner in which an appeal may be presented.
11. An application for the exercise of the powers of revision of appellate orders in cases, arising
under Section 50 of the Chhattisgarh Land Revenue Code, 1959, shall set out clearly how and in
what manner the Appellate Court has exercised a jurisdiction not vested in it by law, or has failed
to exercise a jurisdiction so vested, or particular illegality for irregularity complained of, as the
case may be.
12. Affidavits.The following petitions shall be accompanied by an affidavit made by the petitioner
or his counsel, unless the Member hearing the case dispenses with this requirement
(i) for review made on the ground of the discovery of new and important evidence;
(ii) for readmission or restoration of an appeal or application dismissed in default of
appearance;
(iii) for substitution of parties.
13. Nothing in Rule 12 above shall be deemed to limit the right of any member to call for an
affidavit in any other matter in respect of which he has power to exercise his discretion or make
any order.
14. Appearance by Legal practitioners.Appearance before the Board shall be made only by the
legal practitioner entitled to practice in the High Court of Chhattisgarh. Provisions of this rule may
be relaxed by the President or the Member of the Board, when hearing a case outside Bilaspur:
Provided that nothing in this rule shall apply to such Revenue agents, who, before the date
of coming into force of these rules, have filed their powers of attorney in respect of case
pending before the Board:
Provided further that Chartered Accountants may appear before the Board in cases under the
Chhattisgarh General Sales Tax Act, 1958.
15. Legal Practitioner's clerks.The expression "recognised clerk" means a clerk employed by a
legal practitioner entitled to appear before the Board and permitted as such to have access to the
offices of the Board.
16. The clerk of Court shall maintain in the following form a register of all recognised clerks
registered with the Board:
"Register of recognised clerks"
(1) Serial No...........................................................................
(2) Name...............................................................................
(3) Father's name. ..................................................................
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(4) Residence..........................................................................
(5) Date of Registration............................................................
(6) Name of legal practitioner under whom employed......................
Courts in which the legal practitioner is authorised to
(7)
practice.....................................
Date of removal from the register with cause of removal in
(8)
brief................................
(9) Remarks.............................................................................
Note.The register will be open for inspection on payment of the usual fees prescribed for
inspection of registers.
17. Every application for recognition shall be made by a legal practitioner by a letter addressed to
the Board in the following form:
"I beg that (name).............son of.............aged........resident of..............may be
recognised as my clerk.
I have made due enquiries with regard to the character and qualifications of the candidate
and certify that in my opinion he is a fit and proper person to be recognised as a legal
practitioner's clerk, under the rules made by the Board. I also certify that he will be
employed bonafide in any service for clerical work."
18. An application for renewal of recognition shall be made by the legal practitioner before the
15th January of each year.
19. A fee of Re. 1 for recognition and an annual fee of Re. 1 for the renewal of the recognition
shall be payable in respect of each clerk. These fees shall be paid in the shape of courtfee stamps
affixed to the applications.
20. No person shall be registered as a recognised clerk unless he has an adequate elementary
education in Hindi and also in English.
21. No person shall be admitted or continued as recognised clerk if he is, or acts as, a recognised
agent (mukhtyar) either under a special or general powerofattorney of any person other than the
legal practitioner whose employee he is.
22. No clerk recognised as the clerk of one legal practitioner shall do business in the Board's office
on behalf of any other legal practitioner, unless permitted in writing to do so by his master on
special occasions.
Note.Two legal practitioners shall not be allowed to engage a single clerk. If a legal
practitioner cannot employ a separate clerk, he should do his own work. One clerk may,
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however, be allowed for two closely related legal practitioners, such as, father and son or
brothers.
23. No clerk employed by a legal practitioner shall be allowed access to the Board's Office, unless
he is a recognised clerk.
24. (1) A recognised clerk may act in all matters of a routine nature which do not require the
personal attendance of a legal practitioner in addition to those mentioned in the proviso to Rule 5,
such as
(i) to present applications signed by his master for
(a) copies of records,
(b) return of documents,
(c) issue of processes,
(d) payment of incidental costs.
(ii) to inspect records, if authorised by his master and sanctioned by a member or
the Clerk of Court,
(iii) to file powerofattomey in favour of his master,
(iv) to identify, if required, and if in a position to do so, persons making inspection of
records.
(2) Acts, which the law or these rules require to be done by a party or his recognised agent,
or by the legal practitioner duly appointed on his behalf, shall not be allowed to be done by a
recognised clerk.
(3) When a recognised clerk receives any money from his master's employer he shall give
to the employer a receipt for the amount received by him, specifying exactly what the
money was received for, e.g., memorandum of appeal, process fee, legal practitioner's
fee, etc. The details shall be set out separately either in the receipt itself or on a separate
piece of paper attached to it.
25. (1)A member, for reasons to be recorded in writing and after hearing the clerk in his defence
if he so desires may order the removal of any recognised clerk and strike his name off the register,
and on the passing of such order, the clerk shall cease to be recognised clerk.
(2) A member may at any time revise the order passed by him under subrule (1), and may,
for reasons to be recorded in writing, reinstate the person removed or declare him eligible
for registration.
Note.Proceedings under this rule arc administrative and not revenue proceedings.
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26. No person removed under subrule (1) of Rule 25 shall be recommended for registration by any
legal practitioner at Gwalior or at any other station, unless he has been declared to be eligible for
registration under subrule (2) of Rule 25.
27. The name of a recognised clerk, found on enquiry under subrule (1) of Rule 25 using the
premises of the Board for private purposes, such as, preparation of documents unconnected with
any case in which his master has been engaged, may be struck off the register.
28. Whenever a legal practitioner ceases to employ a recognised clerk, he shall notify the fact to
the Clerk of Court, and shall also briefly state the reason why he has ceased to employ him. On
receipt of his information, the name of the clerk shall be struck off the register.
29. Registration of Cases.
(1) All memoranda of appeals, review and revision applications shall, after presentation in
the proper form and bearing proper courtfee stamps, be registered in the register of
appeals or petitions.
(2) A separate register shall be maintained of cases to be heard by a Bench
30. Issue of Notices.
(1) All appeal, review and revision applications if found in order, shall be submitted to a
Member for ordering the issue of notice for hearing appellant or applicant or both parties. A
date shall be fixed, and intimation of the date shall be given to the appellant or his counsel
or to the parties.
(2) Cases shall ordinarily be fixed in order of institution.
31. If any party to a case or proceedings before the Board does not appear on the date fixed for
hearing, the case may be heard and determined in his absence or may be dismissed in default.
4[31A. If the date fixed for hearing under subrule (1) of Rule 30 or the date to which hearing is
adjourned, happens to be a holiday, the hearing so fixed or adjourned shall stand fixed or adjourned
to the next working day immediately following such holiday.
32. The party against whom any order is passed under Rule 31 or 34 may apply within thirty days
from the date of such order to have it set aside on the ground that he was prevented by any
sufficient cause from appearing at the hearing or paying processfee within the prescribed period,
and the Board may, after notice to the opposite party which was present on the date on which such
order was passed and making such inquiry as it considers necessary, set aside the order so passed.
33. Obtaining Records of the Lower Court.
(1) After a date for hearing has been fixed, the records of the Lower Court will be
immediately sent for, if not already received.
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(2) When records of proceedings pending in the Lower Court are sent for they should be
retained with the Board only, as long as it is absolutely necessary and returned to the Lower
Court and called back as convenience permits.
34. Process Fees.
Once a case is admitted, processfee for issue of notice to the opposite party shall be paid
within twenty days or such shorter period as the Board may direct, failing which, the case
shall be liable to be dismissed in default.
35. Causelist.
(1) A copy of the causelist showing all cases fixed for hearing by the Board in any month,
shall be supplied to the High Court Bar Association, Gwalior, six weeks before the first day
of the month to which the causelist relates.
(2) A copy of the causelist shall also be maintained in the office of the Board, and shall be
kept during office hours in a conspicuous place within the office accessible to the public.
36. A list of cases fixed for hearing for the day before each member shall be affixed to the notice
board of the Courtroom concerned by 4 p.m. on the previous day.
37. Requests for adjournments or alteration of date of hearing of any case shown in the monthly
causelist should be made as soon as possible after receipt by the Bar Association of the copy of
the causelist. In cases for full hearing, such applications must be made jointly by both parties or
counsel. Ordinarily all cases shown in a monthly causelist will be disposed of in that month after
readjustment of dates, if necessary, as shown above. For adjournments sought after the causelist
has been finalised, counsel concerned should make a personal application to the Member of the
Board who is to hear the case.
38. The Court reader shall notify daily on the notice board in the tabular form given below the
result of a case decided by a Member or a Bench:
Table showing cases decided on..........by Shri..............Member of the Board of
Revenue/Bench consisting of Shri....................
No. and Class of the case Names of District Result Remarks
parties from of
which brief
case
RULES
MADE UNDER SECTION 41 REGULATING
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THE PROCEDURE TO BE FOLLOWED BY REVENUE COURTS5
AMENDING NOTIFICATIONS
1. Notification No. 10431875Estt., dated 621980, published in M.P. Rajpatra,
Part 4 (Ga), dated 2931980 at page 68.
2. Notification No. 27222342Estt.86, dated 1291989, published in M.P.
Rajpatra. Part 4 (Ga), dated 13101989 at p. 186.
1. (1) Subject to the provisions of Section 30 of the Chhattisgarh Land Revenue Code, 1959 (No.
20 of 1959), applications shall be entertained and cases taken cognizance of only by the Lowest
Court competent to deal with them :
Provided that in such classes of cases, as the Collector may prescribe, applications
may be entertained and cases taken cognizance of by a Lower Court and submitted
with a report after due enquiry to the Court competent to deal with them.
(2) An application not presented in accordance with this rule may be returned for
presentation to the proper Court.
Explanation.In these rules an "application" means an application by any person to
initiate proceeding under this Code.
2. In Revenue proceedings, all statements of parties and depositions of witnesses and the final
order shall be recorded personally by the officer making the enquiry.
3. Enquiring officers, while submitting their reports in revenue cases to superior authority, should
ascertain from parties or their counsel whether or not they wish to be heard by the officerpassing
final orders and records their wishes as to being heard by such officer.
6[4. (1) A memorandum of appeal, an application for revision or review or any other application
for exercise of powers by a Revenue Officer under the Chhattisgarh Land Revenue Code, 1959 (No.
20 of 1959), shall be presented]
(a) in case of an appeal or an application to the Commissioner, to the Commissioner
concerned or to the Superintendent of the office of the Collector of the district falling
within the jurisdiction of such Commissioner and where the cause for the appeal or
the application arose;
(b) in case of an appeal or application to the Collector, to the Collector concerned or
to the Superintendent of the office of such Collector; and
(c) in any other case, to the Revenue Officer concerned.
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(2) On receipt of an appeal or an application under clause (a), (b) or (c) of subrule (1), the
officer receiving the appeal or the application shall make a signed and dated endorsement
thereon, stating the name of the person presenting the appeal or the application or in case
the appeal or the application is received by post the fact to that effect, and in case, the
appeal or the application is received at a place other than his headquarters, the name of the
such place.
(3) Receipt of a memorandum of appeal or an application, as the case may be, shall be
acknowledged in the following form, namely:
ACKNOWLEDGEMENT
Kind of document appeal/application for To whom Name of
Revision/ Review /other purposes made Appellant/
Applicant
(1) (2) (3)
Name of parties, if any Enclosures Place Date
where of
presented receipt
(4) (5) (6) (7)
Signature of Receiving Officer/Official Office Seal
5. In the absence of an officer on tour or otherwise, the application shall be received and dealt
with, as described in Rule 4, by the officerincharge of his current duties. When, during the
absence of an officer, the current duties of his office are entrusted to a ministerial official, e.g. in
Tahsils having only one officer, the applications, and petitions shall be received by such official who
shall endorse the application in the manner laid down in Rule 4.
6. A revenue case is instituted on receipt of an application, report or order, requiring enquiry or
action by a Revenue Officer. Before any enquiry is started or action taken, the case must first be
registered by the Court dealing with it in the first instance.
7. No final order shall be passed by a Revenue Officer to the detriment of any person without
giving him an opportunity to be heard and hearing him if he so desires and where the conflicting
rights and interests of two parties are concerned they shall both be given such an opportunity.
8. The following procedure shall be followed by Revenue Officers in respect of passing orders in
revenue cases or appeals before them :
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(1) (a) After arguments are heard, a definite date may be fixed, if possible, for passing of
the order and signature of parties or counsel shall be taken on the ordersheet in token of
their having been informed of the date fixed.
(b) On the date so fixed, the order shall be delivered. If parties or counsel are
present, their presence shall be recorded. If they are absent, the ordersheet should
indicate their absence in spite of having been intimated of the date of the order.
(c) In such cases, no further communication of the order to the parties will be
necessary. A copy will, as usual, be sent to the original Court for information.
(d) Limitation will start from the date on which the order was passed.
(2) (a) In case where it is not possible to fix a definite date for passing of the order, the
case may be closed for orders after argument.
(b) When the order is ready for delivery, intimation in the following form, in
duplicate, shall be served on counsel where they appear or on parties where there
are no counsels.
"Order in revenue/appeal/revision/review case No........ of....... 19...will be
passed on.........19..."
One copy of the form shall be returned after signature by counsel or parties,
as the case may be.
(c) On the date fixed for delivery of the order in the notice, the presiding officer shall
proceed to sign and deliver the order. If counsel or parties are present, their
presence shall be recorded; if they are absent, their absence, in spite of notice
having been duly communicated, shall also be recorded.
(d) Thereafter, the provisions of clauses (c) and (d) of subrule (1) shall apply.
(3) In either of the cases, referred to in subrules (1) and (2), the order shall be delivered
on the date fixed. If, however, this is not possible for any reason, a fresh date shall be fixed,
and notice thereof shall be given to the parties or their counsel.
(4) The Court shall not deliver the order in any case, unless the acknowledgement by
counsel or parties of the notice fixing a date is on record. The date fixed for passing of the
order shall accordingly be determined, having due regard to the time required for return of
the notice.
7[(5) A Revenue Officer shall in general, pass an order in a case pending before him within
a period of one month from the date of hearing of arguments. A list of cases closed for
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orders in which orders could not be delivered within this period shall be submitted to the
next higher Revenue Authority by the 5th of every month for perusal.]
9. Appeal, Revision and Review.
Every appeal and every application for revision or review shall be preferred in the form of a
memorandum, signed and dated by the appellant or applicant, or his recognised agent or his
pleader, or if the petitioner or applicant is illiterate, bearing his thumbmark attested by the
signature of one literate person and presented in accordance with the provision of Section 39
of the Chhattisgarh Land Revenue Code, 1959 to the Revenue Officer or to such other officer
as he may appoint in this behalf.
10. Every such appeal or application for revision shall be accompanied by a certified copy of the
order, appealed against or of which revision is sought. Where such order is not complete in itself
and refers, for its reasons, to or is otherwise founded on some other report or order, a certified
copy of such report or order shall also be filed along with that of the order itself.
11. The Revenue Officer, receiving the appeal, review or revision application, shall immediately
make a signed and dated endorsement on it, showing who presented it. If the question of time
appears likely to be relevant, he shall also endorse the time at which he received it.
12. A prayer for stay of execution of an order shall not be embodied in the memorandum of appeal
or application for review or revision, but shall be made by a separate application. Such application
shall state whether an application for stay of execution of the order was made to the Lower Court,
and if so, with what result.
13. The following petitions shall be accompanied by an affidavit made by the petitioner or his
counsel, unless the Revenue Officer dispenses with this requirement:
(i) for review made on the ground of the discovery of new and important evidence;
(ii) for readmission or restoration of an appeal or application dismissed in default of
appearance;
(iii) for substitution of parties.
14. Nothing in Rule 13 shall be deemed to limit the right of any Revenue Officer to call for an
affidavit in any other matter in respect of which he has power to exercise his discretion or make
any order.
15. A date shall be fixed for hearing, and intimation of the date shall be given to the appellant or
applicant or his counsel or to the parties as may be considered necessary.
16. After a date of hearing has been fixed, the records of the Lower Court shall be immediately
sent for, if not already received.
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17. Once a case is admitted, processfee for issue of notice to the opposite party shall be paid
within seven days or such shorter period as the Court may direct, failing which, the case shall be
liable to be dismissed in default.
18. All Revenue Officers exercising original, appellate, or revisional powers shall maintain a cause
list, a copy of which shall be hung in a conspicuous place within the premises of the Court.
19. Legal Practitioners.No legal practitioner shall act for any party before any Revenue Officer in
any proceeding under the Chhattisgarh Land Revenue Code, 1959, or the rules made thereunder,
unless he has been appointed for the purpose by such party by a document in writing signed by
such party or by his recognised agent or by some other person duly authorised by or under a power
of attorney to make such appointment.
20. Every such appointment shall be filed before the Revenue Officer, and shall be deemed to be in
force until determined with the leave of the Revenue Officer by a writing signed by the party or the
legal practitioner, as the case may be, and filed before the Revenue Officer or until the party or the
legal practitioner dies or until all proceedings in the case are ended so far as regards the party.
21. For the purposes of Rule 20, an appeal from any order in the case, an application for revision
or review and any application or act for the purpose of obtaining copies of documents or return of
document produced or filed ill the case or of obtaining refund of moneys paid before the Revenue
Officer in connection with the case shall be deemed to be proceedings in the case.
22. If the party is unable to write his name, his thumb mark upon the document appointing the
legal practitioner or upon the writing determining such appointment shall be attested by a witness.
23. No legal practitioner, who has been engaged for the purpose of pleading only, shall plead on
behalf of any party, unless he has laid before the Revenue Officer a memorandum of appearance
signed by himself and stating
(a) The names of the parties to the case;
(b) The name of the party for whom he appears; and
(c) The name of the person by whom he is authorised to appear:
Provided that nothing in this rule shall apply to any legal practitioner engaged to
plead on behalf of any party by any other legal practitioner who has been duly
appointed to act before the Revenue Officer on behalf of such party.
RULES MADE UNDER SECTION 41 REGARDING SERVICE OF SUMMONS, NOTICES AND OTHER
PROCESSES, SUMMONING OF PARTIES AND WITNESSES, RECOGNISED AGENTS, CONSOLIDATION
OF APPEALS AND OTHER PROCEEDINGS ETC.8
1. In these rules,
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(a) "Code" means the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959);
(b) "Section" means a section of the Code.
A.Service of summons, notices and other processes
2. The fees shown in the Chhattisgarh High Court, Jabalpur Notification No. 10434, dated the 3rd
December, 1963 under the Schedule of process fees shall be charged for serving and executing
summons, notices, and other processes under the Code.
Table
(1) For every notice of demand, if sent
(a) By post Re. 0.75.
(b) Otherwise Re. 1.00
(2) For a summons for appearance in respect of each person Re. 1.
(3) For a bailable warrant of arrest in respect of each personRs. 4.
(4) For warrant of attachment of movable property
(a) For arrears up to Rs. 200 Rs.
1.50.
(b) For arrears above Rs. 200 and Rs.
up to Rs. 2.
500
(c) For arrears above Rs. 500 and Rs.
up to Rs. 2.50.
1000
(d) For arrears above Rs. 1,000 Rs.
3.
(5) For a prohibitory order in cases of attachment of immovable propertyRs. 3.
(6) For a proclamation of sale of movable or immovable propertyRs. 2.
(7) For a warrant for the delivery of immovable propertyRs. 3.
(8) For any other process not specified aboveRe. 1.
3. Notwithstanding anything in Rule 2, no fee shall be charged for executing
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(a) Any process which may be issued by any Revenue Officer of his own motion except
those issued for the recovery of land revenue or of any other sums recoverable as arrears
of land revenue under Section 155;
(b) Any process issued a second time in consequence of any mistake for which the officer is
responsible or in consequence of an adjournment made otherwise than at the instance of a
party;
(c) Any process by affixing a copy thereof at the office of a Revenue Officer or at any other
place under his orders;
(d) Any process which may be issued by any Revenue Officer for the recovery of taxes or
fines on behalf of a Gram Panchayat.
4. (a) The processfees shall be paid in courtfee stamps which shall be affixed either to the
application by which the Revenue Officer is moved to issue the process, or to a memorandum to be
written on a sheet of paper and filed before the Revenue Officer :
Provided that
(1) Processfees on process issued for the recovery of land revenue or of any
other sums recoverable as arrears of land revenue under Section 155 shall be
recovered in cash and credited into the treasury.
(2) Process fees may not be recovered in advance
(i) From a duly appointed liquidator of a cooperative society in a case
in which any sum is to be recovered as arrears of land revenue under
a certificate issued by the Registrar of Cooperative Societies; and
(ii) From a Cooperative Society in a case in which any sum is to be
recovered as arrears of land revenue under a certificate issued by the
said Registrar.
They shall, however, be deducted from the total amount realised from
members against whom the processes are issued, whether jointly or severally.
If the total amount realised is less than the process fees or no amount is
realised, the balance or the whole of the process fees, as the case may be,
shall be recovered in cash from the liquidator or the society;
(3) When processes in either class of cases referred to in the preceding clause
are issued by a liquidator or an auditor of the Cooperative Department
invested with the powers of a Tahsildar and served by peons employed by him
at the cost of a Cooperative Society, the processfees recovered shall be
credited to the society concerned.
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(b) If an application, and not a memorandum, is filed, it must in addition to the requisite
stamps for the processfees, bear such stamps, if any, as are needed for its own validity.
(c) Such application or memorandum, as the case may be, shall state the designation of the
Revenue Officer, the number and description of the case, appeal, or proceedings, the value
of the courtfee stamps affixed, and details of the processes to be issued.
5. The mode of issuing a proclamation, prescribed in Rule 17 of the rules in Schedule I of the Code,
shall apply to the issue of the prohibitory order.
6. Processes shall be served by peons attached to Tahsil or by the Patel or may, in the case of
notice, be sent by post. The peon or the Patel shall enter the date and particulars of the mode of
service on the copy of the process retained by him, and this copy shall be returned to the officer
who issued it.
Explanation.Where an officer is vested with the powers of a Revenue Officer, for the
purpose of proceedings by him in his capacity as a Revenue Officer a peon attached to him
shall be deemed to be a peon attached to the Tahsil for the purposes of this rule.
7. Tahsil peons are prohibited from receiving any money on account of Government revenue or
processfee.
8. When a Revenue Officer sends a process for service or execution to any Court in India out of the
State, the fees shall be levied in stamps in accordance with the rate prescribed in Rule 2, and the
Revenue Officer shall certify on the process that the proper fee has been levied.
9. A process issued by any Court in any other State in India shall be served and executed free of
charge by any Revenue Officer to whom it may be sent, if it is certified on the process that the
proper fee has been levied. When no such certificate has been given or the amount of processfee
has been specifically mentioned in the Revenue recovery certificate, the officer effecting recovery
of the arrears will realise the fees due on the processes actually issued minus the amount shown in
the revenue recovery certificate to have been recovered in advance.
BSummoning of parties and witnesses, etc.
10. When the attendance of a witness is applied for by a party in any proceedings before a
Revenue Officer, the applicant shall be required to deposit diet money and travelling expenses as
hereinafter provided.
11. (a) For the purpose of this rule, witnesses shall be divided into the following classes, namely
:
Class I. Persons paying Rs. 500 or above annually as income tax or land revenue.
Class II. Persons with an annual income of Rs. 2,500 or above but not falling under
Class I, or persons paying Rs. 200 or more but less than Rs. 500 annually as land
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revenue.
Class III . Persons with an annual income of Rs. 1,200 or above but less than Rs.
2,500; or persons paying Rs. 100 or more but less than Rs. 200 annually as land
revenue.
Class IV. Persons not falling under any of the above classes.
(b) The dietmoney payable to member of each class per day shall be as shown in the table
below:
Class Diet Money
I Rs.5
II Rs.3
III Rs.2
IV Rs.2
(c) In special cases, if the rates above prescribed appear to be insufficient the Revenue
Officer may require such sums as appear reasonable to be paid. The discretion thus allowed
shall be used sparingly, and such special sums shall not be paid except in cases where they
were clearly necessary, the reasons for making them being recorded by the Revenue Officer
in the order sheet.
(d) Dietmoney shall be given not only for the period of actual attendance, but also for any
reasonable time spent in the journey to and from the place of sitting, the mode of
conveyance available being taken into consideration.
(e) In addition to the dietmoney admissible under the preceding provisions if a witness
resides at a distance from the Revenue Office, and if the journey cannot be performed on
foot or if the age and habits of life of the witness render it impossible or unsuitable for him
to walk to the Revenue Office a sum shall be paid to the witness to meet his travelling
expenses at the rates given below:
(i) Where the journey is wholly or partly by road, the actual charge for reasonable
conveyance for the road journey to and from the revenue office up to a maximum of
50 Naye Paise a mile.
(ii) Where a journey is wholly or partly by rail, railway fare each way according to
the following table:
Class of witnesses Class of fare
I First Class
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II and III Second Class
IV Third Class
In cases where the status and circumstances of a witness render it reasonable third class
railway fare for one servant may also be allowed.
12. When it is found necessary to order a witness to appear a second time, the Revenue Office
shall decide on a consideration of the circumstances of each case whether the witness can
reasonably be expected to remain at the place where the proceedings are conducted in which case
he should receive diet money for each intervening day until the adjourned hearing, or whether he
should go back to his home and return for the next hearing, in which case he should be given
travelling expenses and dietmoney for the journey to and from his home on the same scale as for
the first hearing.
13. If a party wishes to summon Fingerprint Expert of the Criminal Investigation Department, he
shall deposit a special fee of Rs. 10 in addition to the appropriate subsistence and travelling
allowances. This fee shall be paid directly into the treasury by the Revenue Officer to the credit of
the Fingerprint Bureau, under head "XXXIIMiscellaneous Police Receipts."
14. When the Revenue Officer causes the attendance of a witness of his own accord and not at the
instance of any party, he may allow the payment of expenses to the witness by Government at the
rates prescribed in the foregoing rules.
15. When Government as a party to a case ask for a summons to one of its servants for
appearance before a Revenue Officer as a witness, it shall not be required to deposit before the
Revenue Officer anything on account of dietmoney and travelling allowance of the witness and in
no case shall any money deposited by a party for calling a Government servant as a witness
accompany the summons.
16. All money deposited by a party for defraying the travelling and other expenses of a
Government servant who is summoned by the party as a witness shall be credited to Government
under the head "VIILand Revenue, Miscellaneous Fees, Fines and Forfeiture of Revenue Courts."
When the Revenue Officer requires any money for payment of the expenses of Government servant
who has appeared as witness, it shall be paid from contingencies and charged to the head "25Land
Revenue Charges of District Administration ContingenciesDietmoney and travelling expenses of
Revenue Defaulters and witnesses."
17. A Government servant, who is summoned to give evidence of facts which have come to his
knowledge or of matters with which he has had to deal in his public capacity in a revenue case to
which Government is a party, shall be entitled to draw travelling allowance from Government in
accordance with the provisions contained in the Fundamental Rules. In such cases, the Revenue
Officer on finally discharging such witness shall sign a certificate in the following form stating the
period for which he has been detained to give evidence, the date on which he attended, and. the
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amount, if any, paid to him by the Revenue Officer. This certificate shall be attached to the
travelling allowance bill, which the Government servant may submit through his office:
FORM
Witness Bhatta Certificate
Certified that Shri........... employed in the office of............appeared before me as a witness in
Revenue Case No............State Versus..............under Section.............of the Chhattisgarh Land
Revenue Code, 1959 (No. 20 of 1959), to which Government was a party for..............day(s)
on...........(date) in his public capacity and that nothing has been paid to him on account of diet
money and travelling allowance.
SEAL Revenue
Officer
Dated, the.........19........
18. A Government servant summoned to give evidence in circumstances other than those
mentioned in the preceding rules not entitled by reason of his being a Government servant to any
allowance other than those admissible under these rules. Such Government servant shall be
allowed by the Revenue Officer his travelling expenses in accordance with these rules, care being
taken that nothing is disbursed to him by way of subsistence allowance.
19. The travelling expenses of patwaris summoned to attend Revenue Courts shall be governed by
Supplementary Rule 132A under Fundamental Rule 44.
C. Recognised Agents
20. A recognised agent by whom appearances and applications may be made and other acts done
on behalf of a party in proceedings under the Code, before a Revenue Officer shall be a permanent
servant, a partner, a relative or a friend of the party concerned who, from his knowledge of the
matter in dispute or his general acquaintance with the affairs of the party, is in the opinion of the
Revenue Officer a fit person to represent him.
21. In deciding whether any person is fit to be recognised as agent under Rule 20. the Revenue
Officer shall have regard to the provisions of Section 10 of the Legal Practitioners Act, 1879 (XVIII
of 1879), and shall so exercise, his discretion as to prevent any single person from taking powers
of attorney on behalf of numerous principles.
D.Consolidation of Appeals and other Proceedings
22. A Revenue Court may consolidate appeals or revisions, if
(a) all the parties to such appeals or revisions agree to such consolidation; and
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(b) they involve common questions of law and facts.
23. Proceedings other than appeals or revisions may be consolidated by a Revenue Court, if
(a) all the parties to such proceedings agree to such consolidation;
(b) all such proceedings involve common points of determination; and
(c) the evidence to be adduced in all such proceedings is common.
E. Time within which an application for revision may be filed
24. All applications for revision for which no period of limitation is prescribed in the Code, shall be
filed before the competent authority within sixty days of the passing of the order sought to be
revised.
F.Cost of Proceedings
25. Except where levy of costs from a party is expressly provided for by any provision of the Code,
or any other enactment for the time being in force, costs shall not be levied or awarded by a
Revenue Officer, in case which are undertaken in the administrative or fiscal interests of
Government.
Note. Discretion should be exercised carefully in awarding costs in cases under the Code.
In cases of continuous character, as for instance in disputed mutations and boundary cases,
cost may be fitly awarded. Charges such as the costs of stamps on a Mukhtyarnama or
Vakalatnama or fees for writing out petitions should be rarely included in the bill of costs.
Care should be taken to keep the amount of costs as low as possible.
RULES MADE UNDER SECTION 41 REGARDING PETITION WRITERS9
AMENDING NOTIFICATION
1. Notification No. 33473059Estt, dt. 29111960, Published in M.P. Rajpatra,
dated 16121960.
1. In these rules,
(i) "form" means a form appended to these rules;
(ii) "licence" means a licence granted under these rules;
(iii) "Licensing Authority" means the Collector of the district in which the applicant desires to
practice as a petition writer;
(iv) "petition" means a document written for the purpose of being presented to a Revenue
Officer and includes a petition of appeal or revision or review;
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(v) "petitionwriter" means a person licensed under these rules to write petitions;
(vi) "to practice as a petitionwriter" means to write petitions for hire and include the writing
of a single petition for hire;
(vii) A petitionwriter is said "to practice before a Revenue Officer" when he writes petitions
for the purpose of being presented to that officer.
2. No person shall practice as petitionwriter, unless he has been duly licensed under these rules:
Provided that
(a) any person licensed under any rule hither to in force shall be deemed to have
been licensed under these rules; and
(b) a legal practitioner or his clerk shall not be considered to practice as a petition
writer, in respect of any petitionwritten by the legal practitioner or by his clerk on
his behalf for presentation to a Revenue Officer before whom the legal practitioner is
qualified to practice:
Provided further that when the petition is written by a clerk it shall be signed
by his employer.
3. The numbers of licences to be granted under these rules shall be in accordance with the scale
fixed by the Licensing Authority from time to time. No licences shall be granted in excess of the
scale so fixed.
4. An application for a licence shall be made in Form I. It shall bear a courtfee stamp of rupee one
and shall be presented in person by the applicant to the Licensing Authority.
5. No licence shall be granted to a person who
(a) is servant of Government;
(b) is in the employment of a legal practitioner;
(c) has not attained the age of twentyone years.
6. The Licensing Authority may, in its discretion on being satisfied that the applicant
(a) has attained twentyone years of age;
(b) is of good character;
10[(b1) is able to take clear thumb and finger impressions; and]
(c) is otherwise eligible;
grant the applicant a licence in Form II.
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7. (1) A licence shall be granted in the first instance for a period of one year from the date of
its issue.
(2) On the expiration of the period of one year, if the Licensing Authority is satisfied that the
petitionwriter
(a) is able to draw up m a legible hand a clear and concise petition in the official
language of the place where he practices; and
(b) is acquainted with the provisions of the Chhattisgarh Land Revenue Code, 1959
(No. 20 of 1959), the Chhattisgarh Abolition of Proprietary Rights (Estates, Mahals,
Alienated Lands) Act, 1950 (I of 1951), the Central Provinces Court of Wards Act,
1899 (XXIV of 1899), the Land Acquisition Act, 1894 (1 of 1894), the Agriculturists'
Loans Act, 1884 (XII of 1884); the Land Improvement Loans Act, 1883 (XIX of 1883),
the Courtfees Act. 1870 (VII of 1870), and the Indian Stamp Act, 1899 (II of 1899),
so far as knowledge of these Acts is necessary for the efficient performance of the
duties of a petitionwriter;
he may grant a permanent licence. The word "Permanent' shall be inscribed on the licence,
and the Licensing Authority shall initial it.
(3) If the petitionwriter fails to satisfy the Licensing Authority as provided in subrule (2)
the Licensing Authority may extend the period of his licence by a further period of one year
and on his failure to account satisfactorily at the end of the second year may refuse to make
it permanent.
8. If a licence is lost, destroyed, defaced, torn or becomes illegible, the licensee shall forthwith
apply to the Licensing Authority for the grant of a duplicate licence. Every such duplicate licence
shall be stamped "DUPLICATE".
9. The Licensing Authority shall maintain a register of petitionwriters in Form III. A page or pages
of the register shall be set apart for each petitionwriter.
10. Every petitionwriter shall maintain a register of petitionwriters in Form IV and shall enter
therein every petition written by him, and shall produce the register for the inspection of any
Revenue Officer, when required to do so.
11. Every petitionwriter shall, at his own expense, provide himself with an official seal of the
following pattern:
Revenue Petition Writer
Name.........................................
Licence No.................................
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District......................................
12. Every petitionwriter, in writing petitions, shall confine himself to expressing in plain and
simple language such as the petitioner can understand and in a concise and proper form the
statements and objects of the petitioner and shall not introduce any argument or quotation from a
law report or other law book or refer to any decision not brought to his notice by the petitioner.
13. Every petitionwriter shall affix his seal (with his name and licence number filled in) on every
petition written by him, and shall enter on such petition the number which it bears in his register
and the fee which has been charged for writing it. He shall also endorse on the lefthand comer of
the petition the proper courtfee chargeable on it.
14. Every petitionwriter shall rewrite, at his own cost, any petition written by himself, when
required to do so by the order of any Revenue Officer.
15. (1) Every petitionwriter shall charge such fees only as may be prescribed by the Collector
not exceeding the scale specified in the Table below, and shall note in the petition and also in the
appropriate columns of his register the amount actually received by him:
Name of Document Scales of
fees
(a) Scale of fees Rs. NP.
For every application or memorandum of appeal in which no 0.75
value is fixed.
For every application, petition, notice, statement, affidavit or 0.12
other document whatsoever not exceeding 90 words in length
For every additional folio of 90 words or part thereof. 0.12
(b) Scale of additional fees for Typewritten Application,
etc.—
For every application or memorandum of appeal in which no 0.25
value is fixed.
For every application, petition, notice, statement, affidavit or 012
other document whatsoever not exceeding 90 words in
length.
For every additional folio of 90 words or part thereof. 0.12
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(2) No petitionwriter shall receive payment for his services by an interest in the result of
any litigation in connection with which he is employed, and shall find or contribute towards
the funds employed in carrying on any litigation in which he is not otherwise personally
interested.
(3) Every petitionwriter shall give to his employer a receipt for the amount received by him
specifying exactly what the money was received for, e.g. writing fees or costs and if for
costs, for what cost, e.g., application, process fees, etc. The details shall be set out
separately either in the receipt itself or on a separate piece of paper attached to it.
16. No petitionwriter shall accept any Mukhtyarnama whether general or special for the conduct of
any case before a Revenue Officer other than a case in which he is himself a party.
17. Every petitionwriter
(a) who ceases to practice as a petitionwriter;
(b) who enters the service of Government or of a legal practitioner; or
(c) whose licence is cancelled; shall forthwith surrender his licence to the Licensing
Authority.
11[17A. Every petitionwriter shall, at his own expense, provide himself with a complete set of
appliances for obtaining clear thumb and finger impression.]
Procedure in dealing with the Breaches of Rules
18. Any Revenue Officer who, on the representation of any person employing a petitionwriter and
after hearing such petitionwriter (if he desires to be so heard) finds that the fee charged for
writing a petition presented to him was excessive may by order in writing, reduce the same to such
sum as appears to be, under the circumstances, reasonable and proper under Rule 15 and may
require the petitionwriter to refund the amount received in excess of such sum.
19. Any Revenue Officer may order a petitionwriter to rewrite without extra remuneration any
petition written by him, which contravenes Rule 12 or is illegible, obscure or prolix or contains any
irrelevant matter or misquotation or is, from any other cause, in the opinion of such officer
informal or otherwise objectionable.
20. The Licensing Authority may suspend or cancel the licence of a petitionwriter who
(1) does not carry out, within a reasonable time the order of a Revenue Officer made under
Rule 18 or 19; or
(2) habitually writes petitions contrary to Rule 12 or irrelevant matter or which are
unnecessary or informal or otherwise objectionable; or
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(3) in the course of his business as a petitionwriter uses disrespectful, insulting or abusive
language; or
(4) is found to be incapable of efficiently discharging the function of a petitionwriter; or
(5) by reasons of any fraudulent or improper conduct in the discharge of his duty as
petitionwriter is found to be unfit to practice as such; or
(6) is convicted of a criminal offence; or
(7) habitually remains absent during Court hours or is absent from his quarters for
considerable period without sufficient cause :
Provided that no order under Rule 20 shall be passed by the Licensing Authority until
the person or petitionwriter in fault has been given an opportunity of defending
himself.
FORM I
[See Rule 4]
Form of application for licence
(To be written by the applicant in his own handwriting)
1. Applicant's name and address (give full name).
2. Father's name and address.
3. Date of birth.
4. Educational qualifications. State the year of the last examination passed and the institution from
which passed.
5. Present occupation, if any.
6. Whether the applicant belongs to Scheduled Castes or Scheduled Tribes, if so name of such caste
or tribe.
7. The language or languages with which the applicant is acquainted.
8. Names of two persons with addresses to whom reference may be made as to the applicant's
character.
9. Whether removed from service of Government, if so, give particulars.
10. Whether convicted of a criminal offence; if so, give particulars.
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11. If in service of Government or a legal practitioner, whether prepared to resign on securing the
licence.
12. Whether applied for licence previously in this district and, if so, to what effect.
FROM II
[See Rule 6]
Form of Licence
Certified that.............son of.............resident of...............has, this day been licensed as a
revenue petitionwriter in the...............district, and is hereby permitted to practice at ...........
(name of place) in the manner prescribed by the rules relating to such petition writers in
Chhattisgarh and subjects to the provisions of the said rules.
The licence is valid up to ..........................................................................
Period of licence extended up to ............................................................ Licence granted
permanently.................................................................. Given under my hand and the seal of
this office this................................ day of.............. 19............ at..........................
Licensing
Seal
Authority/Collector.
FORM III
[See Rule 9]
Register of licensed petitionwriters Revenue
Note. One or more pages to be set apart for each petitionwriter.
Register No................................................................................................
Name of petitionwriter.............................................................................
Father's name.............................................................................................
Residence...................................................................................................
Place of business.......................................................................................
Date of grant of licence............................................................................
Date of grant of permanent licence.........................................................
Remarks...................................................................................................
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(In the space of remarks will be entered a note of any penalty imposed under Rule 20 and of any
order passed under Rule 7(3), 1819 and 21.)
FORM IV
[See Rule 10]
Register to be maintained by petitionwriter
Serial No. of Petition Date on Name,
which parentage
petition and
was made residence
of the
person at
whose
instance
the
petition
was
written
(1) (2) (3)
Description of petition Brief Value
abstract of of
contents of court
petition fee
labels
affixed
to the
petition
(4) (5) (6)
Rs. np.
Fee charged for writing petition Remarks Signature of
petitionwriter
(7) (8) (9)
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Rs. np.
BOARD OF REVENUE AFFIDAVITS RULES12
1. In exercise of the powers conferred by Section 4 of the Indian Oaths Act, 1873, the Board of
Revenue, Chhattisgarh hereby authorises its Clerk of Court, to be an Officer empowered by it to
administer the oath and receive the solemn affirmation in the case of affidavits required for
immediate use in cases before the Board of Revenue, in accordance with instructions contained in
the following paragraphs.
2. (1) Every affidavit shall be headed "In the Board of Revenue, Chhattisgarh, Gwalior."
(2) If there be a case in the Board, the affidavit in support of, or in opposition to, an
application respecting it must be entitled in the case.
(3) If there is no case in the Board, the affidavit shall be entitled "in the matter of the
petition of...."
3. Every affidavit shall be drawn up in the first person and divided into paragraphs, numbered
consecutively, and each paragraph, as nearly as may be, shall be confined to a distinct portion of
the subject.
4. (1) Except in interlocutory proceedings affidavits shall strictly be confined to such facts as the
declarant is able of his own knowledge to prove.
(2) In interlocutory proceedings, when the particular fact is not within the declarant's own
knowledge, but is stated from information obtained from others, the declarant must use the
expression "I am informed", or its equivalent and, if such be the case, "and verily believe it
to be true," or its equivalent, and must state the name and address of, and sufficiently
describe for the purposes of identification, the person or persons from whom he received
such information.
(3) When the application or the opposition thereto, rests on facts disclosed in documents or
copies of documents produced from any Court of Justice or other source, the declarant shall
state what the source from which they were produced is, and his information and belief as
to the truth of the facts disclosed in such documents.
(4) Documents, other than those on the record of the case referred to in the affidavit shall,
as far as possible, be annexed to it.
5. Unless it be otherwise provided, an affidavit may be made by any person having cognizance of
the facts deposed to. Two or more persons may join in any affidavit; each shall depose separately
to those facts, which are within his knowledge, and such facts shall be stated in separate
paragraphs and it must appear which fact each is deposing to.
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6. When the declarant to any affidavit speaks to any fact within his own knowledge, he must do so
directly and positively; using the words "I affirm" (or "make oath") "and say".
7. Every affidavit should dearly express how must is a statement of the declarant's knowledge and
how much is a statement made on his information or belief and must also state the sources or
ground of the information or belief with sufficient particularity.
8. All corrections in the affidavit shall be legibly initialled and dated by the declarant.
9. (1) Subject to the exception set out in subrule (2) below, the charge of administering the
oath to the deponent or receiving the solemn affirmation shall be one rupee for each affidavit and
this charge shall be paid by means of a courtfee stamp affixed to the affidavit.
(2) No charge shall be made in respect of affidavits made by Public Officers in virtue of their
office.
10. If the declarant is not personally known to the officer administering the oath or receiving the
solemn affirmation he shall be identified by some person whom that officer does know, and
otherwise by atleast two respectable witnesses which person or witnesses shall sign the
endorsement prescribed by Rule 14 below.
11. Where the declarant is a Pardanashin woman, she shall be identified by a person to whom she
is known and before whom she is accustomed to appear unveiled and such person shall sign the
endorsement prescribed by Rule 14 below.
12. (1) Officer shall, before administering the oath or receiving the solemn affirmation, ask the
declarant if he has read the affidavit and understands the contents thereof, and if the latter states
that he has not read it, or appears not fully to understand tile contents thereof, or appears to be
blind, illiterate or ignorant of the language in which it is written the officer administering the oath
shall read and explain or cause some other competent person to read and explain in his presence,
the affidavit to the declarant in a language which both the declarant and the officer administering
the oath understand.
(2) When an affidavit has been read, translated or explained as herein provided, the officer
administering the oath or receiving the solemn affirmation shall certify in writing at the foot of the
affidavit that it has been so read, translated or explained in his presence and that the declarant
appeared to understand the same at the time of making the affidavit and made his signature or
finger impression in the presence of the officer.
13. The President, or a Member may order to be struck out from any affidavit any matter which is
scandalous or irrelevant and may order me costs of any application to strike out such matter, if
granted, to be included in the costs payable by the offending party.
14. The Officer administering the oath or receiving the solemn affirmation shall make the following
endorsement on every affidavit made before him and shall date, sign and seal the same:
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Sworn before me on the..............day of..........19...by................son of..............who is
personally known to me (or who has been identified by..........whose signature is signatures
are hereto appended).
SEAL Signature..............
Designation............
A rubber stamp may be used for the form of this endorsement. In addition particulars
required by Rule 12 (2) shall, where necessary, be added in manuscript and dated, signed
and sealed by the officer administering the oath.
15. In administering oaths or receiving affirmations the following form should be used:
OATH
I swear that this my declaration is true, that it conceals nothing and that no part of it is false. So
help me God.
AFFIRMATION
I solemnly declare that this my declaration is true, that it conceals nothing, and that no part of it is
false.
________________
1. Vide Notification No. 364, dated 26.2.1960, and 3953, dated 5.11.1962.
2. Substituted by Notification No. 104, dated 29.1.1974.
3. Substituted by Notification No. 27222342Estt., dated 12.9.1989.
4. Inserted by Notification No. 1880, dated 23.7.1977.
5. Notification No. 365, dated 26.2.1960 & Notification No. 15041972Estt., dated 30.7.1973.
6. Substituted by Notification No. 10431875Estt., dated 6.2.1980.
7. Inserted by Notification No. 27222342Estt.86, dated 12.9.1989.
8. Vide Notification No. 366, dated 26.2.1960, Notification No. 733466Estt., dated 13.1.1970, and Notification No. 15041872
Estt., dated 30.7.1973.
9. Notification No. 367 dated 26.2.1960.
10. Inserted by Notification No. 33473059Estt., dated 26.11.1960.
11. Inserted by Notification No. 33473059Estt., dated 26.11.1960.
12. Vide Notification No. 185153, dated 22.4.1963.
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Section 42 Orders of Revenue Officer when reversible by reason of error or irregularity
No order passed by a Revenue Officer shall be reversed or altered in appeal or revision on account
of any error, omission or irregularity in the summons, notice, proclamation, warrant or order or
other proceedings before or during enquiry or other proceedings under this Code, unless such error,
omission, or irregularity has in fact occasioned a failure of justice.
Explanation.In determining whether any error, omission or irregularity in any proceedings
under this Code has occasioned a failure of justice regard shall be had to the fact whether
the objection could and should have been raised at an earlier stage in the proceedings.
Section 43 Code of Civil Procedure to apply when no express provision made in this Code
Unless otherwise expressly provided in this Code, the procedure laid down in the Code of Civil
Procedure, 1908 (V of 1908) shall, so far as may be, be followed in all proceedings under this Code.
Section 44 Appeal and appellate authorities
(1) Save where it has been otherwise provided, an appeal shall lie from every original order under
this Code or the rules made thereunder
(a) if such order is passed by any Revenue Officer subordinate to the SubDivisional Officer,
whether or not the officer passing the order is invested with the powers of the Collectorto
the Sub Divisional Officer;
(b) if such order is passed by the SubDivisional Officer, whether or not invested with the
powers of the Collectorto the Collector;
(c) if such order is passed by any Revenue Officer subordinate to the Settlement Officerto
the Settlement Officer;
(d) if such order is passed by any Revenue Officer in respect of whom a direction has been
issued under subsection (3) of Section 12 or subsection (2) of Section 21to such Revenue
Officer as the State Government may direct;
(e) if such order is passed by a Collector whether exercising the powers of Collector or
Settlement Officer, during the currency of the term of settlementto the 1[Commissioner];
(f) if such order is passed by a Settlement Officer, whether exercising the powers of
Settlement Officer or the powers of a Collector in connection with any settlement operation
unless otherwise expressly providedto the Settlement Commissioner;
(g) if such order is passed by the 2[Commissioner or the] Settlement Commissionerto the
Board.
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2[(2) Save as otherwise provided a second appeal shall lie against every order passed in first
appeal under this Code or the rules made thereunder:
(i) by the SubDivisional Officer or the Collectorto the Commissioner;
(ii) by the Settlement Officer to the Settlement Commissioner.]
(iii) by the Commissioner to the Board
(a) if the original order has in the first appeal been varied or reversed otherwise than
in a matter of cost; or
(b) on any of the following grounds and no other, namely.
that the order is contrary to law or usage having the force of law; or
that the order has failed to determine some material issue of law or usage having
force of law; or
that there has been a substantial error or defect in the procedure as prescribed by
this Code, which may have produced error or defect in the decision of the case upon
merits.]
3[xxx]
(3) An order passed in review varying or reversing any order shall be appealable in like manner as
the original order.
________________
1. Substituted vide CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.
2. Inserted vide CGLRC (Amendment) Act, 2008 (No. 17 of 2008) w.e.f. 23.8.2008.
3. Omitted vide C.G. Amendment Act No. 11/2003 (w.e.f. 23.11.2002.)
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