Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Rajasthan Divisional Commissioner (Office Abolition) Act, 1962 8 of 1962 [21 April 1962] CONTENTS 1. Short Title And Extent 2. Definition 3. Abolition Of Office Of Divisional Commissioner 4. Amendment Of Certain Laws 5. Reference To Divisional Commissioner In Other Laws 6. Provision As To Delegated Powers Of Divisional Commissioner 7. Pending Proceedings 8. References In Documents Etc. 9. Legal Proceedings 10. Savings 11. Rule Of Construction 12. Power To Remove Difficulties 13. Repeal SCHEDULE 1 :- THE SCHEDULE Rajasthan Divisional Commissioner (Office Abolition) Act, 1962 8 of 1962 [21 April 1962] An Act to provide for the abolition of the office of Divisional Commissioner in the State of Rajasthan and for other matters consequent on such abolition. Be it enacted by the Rajasthan State Legislature in the Thirteenth Year of the Republic of India as follows:- 1. Short Title And Extent :- (1) This Act may be called the Rajasthan Divisional Commissioner (Office Abolition) Act, 1962. (2) It extends to the whole of the State of Rajasthan. 2. Definition :- In this Act, unless the subject or context otherwise requires- (a) "appointed day" means the sixteenth day of November, 1961. (b) "Board" means the Board of Revenue for the State of Rajas than; (c) "Division" means a division under the administrative charge of a Commissioner, constituted or deemed to the constituted under section 15 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956); (d) "Divisional Commissioner" means the Commissioner of a division and includes an Additional Commissioner, and (e) "existing law" means any law, act, ordinance, regulation, rule, notification, order, bye-law, scheme or instrument having the force o f law, pertaining to matters specified in Lists II and III of the Seventh Schedule to the Constitution of India, in force in the whole or any part of the State of Rajasthan immediately before the appointed day. 3. Abolition Of Office Of Divisional Commissioner :- As from the appointed day- (a) the office of the Divisional Commissioner shall stand abolished, and (b) the various divisions in the State of Rajasthan shall cease to exist. 4. Amendment Of Certain Laws :- As from the appointed day- (a) every existing law mentioned in the Schedule annexed hereto shall have effect as if such law were amended in the manner and to the extent specified in that Schedule, and (b) all rules, regulations, bye-laws, others and notification made or issued under such existing law shall be deemed to have been amended accordingly. 5. Reference To Divisional Commissioner In Other Laws :- In all existing laws, other than the existing laws for which provision has been made in section 4, as from the appointed day- (a) references to division shall be deemed to the omitted and (b) references to Divisional Commissioner shall, unless the State Government in any case directs otherwise, be construed as being references to Collector. Provided that, where in any such existing law, a reference to a Divisional Commissioner shall have occurred as being the officer competent to hear appeals, revisions or references against the orders of a Collecter under that law, such reference shall, unless the State Government in any case directs otherwise, be construed, as from the appointed day, as being a reference to, and the powers of appeal, revision or reference thereby conferred shall, as from that day, vest in, and be exercised by, the revenue appellate authority. 6. Provision As To Delegated Powers Of Divisional Commissioner :- ( 1 ) Any powers conferred upon or delegated to a Divisional Commissioner under or in pursuance of any existing law or any rule, regulation, bye-law, order or notification thereunder shall, subject to the provision contained in the proviso to section 5, be deemed, as from the appointed day, to have been conferred upon, or delegated to, the Collector or the revenue appellate authority, as the case may be : Provided that any such power may be conferred or delegated by the State Government upon or to any other officer or authority. (2) If, under or in pursuance of any existing law or any rule, regulation, bye-law, order or notification made or issued thereunder, a Divisional Commissioner shall have been appointed for the purpose thereof to be a competent authority or a prescribed authority or any other authority, then, subject to the provision contained in the proviso to section 5 and forth subject to the provision contained in the proviso to sub-section (1) of this section the Collector or the revenue appellate authority, as the case may be shall, as from the appointed day, be deemed to have been appointed as such competent, prescribed or other authority. 7. Pending Proceedings :- All proceedings under any existing law, whether by way of appeal, revision, review, reference or otherwise, pending before a Divisional Commissioner immediately before the appointed day shall on that day stand transferred to the officer or authority in whom the powers of such commissioner, under such existing law, have been vested by the provisions of this Act and shall be disposed of by such officer or authority in accordance with law. 8. References In Documents Etc. :- All instruments or documents executed or made before the appointed day under or with reference to any existing law shall, unless the subject or context otherwise requires, be construed as if references therein to the Divisional Commissioner were, as from the appointed day, references to the Collector or to such officer or authority as the State Government may in any particular case direct. 9. Legal Proceedings :- If, on the appointed day, any legal proceedings are pending to which a Divisional Commissioner is a party, the Collector or such other officer or authority as the State Government may direct shall as from the appointed day, be deemed to be substituted for such Commissioner in the said proceedings. 10. Savings :- Any appointment, notification, order, rule, regulation, bye-law, form, instrument or document made, prescribed, issued or executed before the appointed day by a Divisional Commissioner under or with reference to the provisions of any existing law shall as from that day be deemed to have been made, prescribed, issued or executed by the officer or authority in whom the powers of such Commissioner under such existing law have been vested by the provisions of this Act and shall be valid and in operation unless and until superseded or modified by any appointment, notification, order, rule, regulation, bye-law, form, instrument or document made, prescribed, issued or executed by the officer or authority competent to do so after the appointed day in accordance with the provisions of this Act. 11. Rule Of Construction :- Notwithstanding the fact that this Act makes no provision or makes insufficient provision in any respect for the application of any existing law as modified by this Act, any court, tribunal, authority or officer, when required to administer the provisions of such existing law, may construe the same mutatis mutandis, with such further modifications, not affecting the substance, as may be necessary or appropriate in the circumstances. 12. Power To Remove Difficulties :- If any difficulty arises in giving effect to the provisions of this Act or of any existing law with reference to the modifications made therein, by virtue of the provisions of this Act, the State Government may, by order notified in the official Gazette, make such provisions or give such directions as may appear to it to be necessary for the removal of the difficulty. 13. Repeal :- The following enactments are hereby repealed, namely- (1) The Rajasthan City Municipal Appeals (Regulation) Act, 1950 (Rajasthan Act 3 of 1950) (2) The Rajasthan Divisional Commissioner (Office Abolition) Ordinance, 1961 (Rajasthan Ordinance No. 6 of 1961). (3) The Rajasthan Divisional Commissioner (Office Abolition) Amendment Ordinance, 1961 (Rajasthan Ordinance No. 8 of 1961) (4) The Rajasthan Land Revenue (Amendment) Ordinance, 1961 (Rajasthan Ordinance No. 9 of 1961) SCHEDULE 1 THE SCHEDULE (See Section 4) (1) The Rajasthan Court of Wards Act, 1951 (Rajasthan Act 28 of 1951). Section 7.- (1) In sub-section (1), omit "the Commissioners of the division or" (2) In sub-section (2), omit "Commissioners or" (2) The Rajasthan Public Demands Recovery Act, 1952 (Rajasthan Act 5 of 1952) Section 23A- (1) Substitute "revenue appellate authority" for "Commissioner of the divisional concerned" occurring in sub-section (1). (2). Substitute "revenue appellate authority" for "Commissioner" occurring in sub- section (3). (3) The Rajasthan Land Reforms and Resumption of the Jagirs Act, 1952 (Rajasthan Act 6 of 1952) Section 42A-- In sub-section (1) omit "the Commissioner" (4) The Rajasthan Minor Irrigation Works Act, 1953 (Rajasthan Act 12 of 1953). Section 48-- Omit "the Commissioner or" occurring twice. (5) The Rajasthan Land Acquisition Act, 1953 (Rajasthan Act 24 of 1953). Section 45-- In sub-section (3), omit "or the Commissioner" and "Commissioner" (6) The Rajasthan District Boards Act, 1954 (Rajasthan Act 2 of 1954) Section 29-- Substitute "Collector" for "Commissioner" wherever occurring Section 30-- Substitute "Collector" for "Commissioner" occurring in clause (b) of sub-section (1). Section 58-- Omit "the Commissioner" in sub-sees. (3) and (4). Section 198-- Omit "or the Commissioner in respect of any specified Board or Boards in his division" (7) The Rajasthan Sales of Motor Spirit Taxation Act, 1954 (Rajasthan Act 6 of 1954). Section 22-- In sub-section (1), clause (a), omit "to the Commissioner or" (8) The Rajasthan Religious Buildings and Places Act, 1954 (Rajasthan Act 18 of 1954). Section 8-- Substitute "revenue appellate authority" for "Commissioner" wherever occurring. Section 9-- Substitute "revenue appellate authority" for "Commissioner" (9) The Rajasthan Irrigation and Drainage Act, 1954 (Rajasthan Act 21 of 1954) Section 19-- In sub-section (2), substitute "revenue appellate authority" for "Commissioner" Section 27-- Substitute "revenue appellate authority" for "Commissioner" (10) The Rajasthan Agricultural Lands Utilisation Act, 1954, (Rajasthan Act 22 of 1954) Section 5-- Substitute "revenue appellate authority" for "Commissioner" wherever occurring. (11) The Rajasthan Holdings (Consolidation and prevention of Fragmentation) Act, 1954 (Rajasthan Act 24 of 1954) Section 10-- In Sub-section (2), substitute "revenue appellate authority" for "Commissioner of the division" (12) The Rajasthan Colonisation Act, 1954 (Rajasthan Act 27 of 1954). Section 2-- Omit clause (iii) Section 12-- Substitute "State Government" for "Commissioner" The Schedule-- (1) In clause 3, substitute "revenue appellate authority" for "Commissioner" (2) In clause 5, substitute "Board" for "Commissioner" (13) The Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) Section 5-- (1) Omit clause (8). (2) After clause (34) insert the following new clause- "(34A) "Revenue appellate authority" shall mean the officer appointed as such authority under section 20A of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) (3) In clause (35), for "Commissioner" substitute "revenue appellate authority". Section 129-- Substitute "revenue appellate authority" for "Commissioner", wherever occurring. Section 216-- For sub-section (2), substitute the following- (2) A revenue appellate authority shall sit at such place or places as the State Government may, from time to time, direct. Section 218-- In clause (1), substitute "revenue appellate authority" for "Commissioner" Section 221-- Omit clause (a). Section 223-- Substitute "revenue appellate authority" for "Commissioner" Section 224-- Substitute "revenue appellate authority" for "Commissioner", wherever occurring. Section 225-- Substitute "revenue appellate authority" for "Com-missioner" wherever occurring Section 228-- Substitute "revenue appellate authority" for "Commissioner in sub-section (2) Section 232-- Omit "Commissioner or the" Section 234-- Omit the whole. Section 236-- Omit the whole. Schedule III-- (1) In Serial No. 80, Omit part (iii) (2) In serial No. 88, 89 and 90, Substitute "revenue appellate authority" for "Commissioner" (14) The Rajasthan General Clauses Act, 1955 (Rajasthan Act 8 of 1955) Section 32-- (1) Omit clauses (14) and (21) of Sub-section (1). (2) After clause (67), insert the following new clause- (67A) "Revenue appellate authority" shall mean the officer appointed as such authority under section 20A of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956). (15) The Rajasthan Jagir Decisions and Proceedings (Validation) Act, 1955 (Rajasthan Act 18 of 1955) Section 5-- for "Commissioner" occurring in sub-section (2) substitute "Board" Section 6-- For "Commissioner" wherever occurring, substitute "revenue appellate authority" Section 7-- Substitute "revenue appellate authority" for "Commissioner" wherever occurring. Section 8-- Substitute "revenue appellate authority" for "Commissioner" wherever occurring Section 9-- Substitute "revenue appellate authority" for "Commissioner". Section 10-- Substitute "revenue appellate authority" for "Commissioner" (16) The Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) Section 3-- After clause (iii), insert the following new clause- (iiia) "revenue appellate authority" shall mean the officer appointed as such authority under section 20 A, Section 15-- (1) In sub-section (1) substitute "districts" for "divisions" (2) Omit sub-section (2) (3) In sub-section (5), Omit "division". (4) In sub-section (6) Omit "divisions". (5) In sub-section (7) omit "divisions" wherever occurring Section 16-- Omit "divisions" Section 17-- Omit the whole. Section 20A-- After section 20, insert the following new section- 20A. Revenue appellate authority-- (1) The State Government may appoint such number of officers, not being less than three, as may be found necessary, to receive, hear and dispose of appeals, revisions, and references in revenue judicial cases and other matters specifically provided for by law. (2) Every officer to appointed shall be designated as revenue appellate authority and shall, for the exercise of this jurisdiction and the performance of his duties, sit at such place or place, as the State Government may from time to time direct. Section 21-- After :Section 20" insert "or section 20A" Section 24-- Omit clause (1) Section 25-- (1) In sub-section (1), omit "Commissioner or a" (2) In sub-section (6), omit Additional commissioner or an" and "Commissioner or", both occurring twice. Section 26-- (1) In sub-section (1), omit clause (g). (2) in sub-section (4), omit "division" wherever occurring. Section 27-- In clause (a), substitute "revenue appellate authority" for "Commissioner" Section 28.-- Omit "a Commissioner or" occurring twice and the word "division". Section 51-- After "may" occurring in sub section (1) insert "subject to the provisions contained in section 20A" Section 53-- Omit "or a Commissioner occurring twice. Section 56A-- After section 56, insert the following new section- 56A Presentation of applications, appeals, etc-(1) All applications, appeals and proceedings shall, in the absence of a provision to the contrary effect, be presented to the court, officer or authority to which or to whom such applications, appeals or proceedings lie under any provision of this Act or the rules thereunder or of any other law for the time being in force or of the rules made under such law : Provided that, if under any such provision any application, appeal or proceeding lies to a revenue appellate authority, such application, appeal or proceeding may be presented to, and received by, the Collector of the district in which the cause of action for such application, appeal or proceeding arises wholly or in part. (2) Upon receipt of an application, appeal or proceeding under the proviso to sub- section (1) the Collector shall examine the same to see if it bears the proper court fee, has been presented to him within the time limit, If any prescribed for such presentation, is accompanied with all the necessary certified copies of judgments, decrees and orders and has been presented in proper form by the person competent to do so under section 56, and there after, if the application, appeal or proceeding is found to be in order or after the defects, if any noticed by the Collector have been removed wherever possible, the Collector shall forward the application, appeal for proceeding, together with the record of the case, to the revenue appellate authority for the time being competent to hear and dispose of the same" Section 68-- Substitute, "a revenue appellate authority" for a Commissioner an additional Commissioner" Section 75-- In sub-section (1)- (a) in clause (b) substitute "revenue appellate authority" for "Commissioner" and (b) in clause (g), substitute "revenue appellate authority" for "Commissioner of a Division" Section 76-- (1) In clause (a), substitute "revenue appellate authority" for Commissioner" (2) In clause (d), substitute "revenue appellate authority" for "Commissioner of a Division" Section 78-- In clause (b), substitute "revenue appellate authority" for "Commissioner" Section 82-- (1) In the marginal note, omit "of Commissioner etc" (2) Omit "A Commissioner or" Section 88-- In sub-section (1) substitute "State Government" for "Commissioner" Section 189-- Omit "If they are in the same division, the Commissioner or if in different divisions". Section 260-- For the existing provision substitute the following, namely- Sec. 260 Delegation-- (1) The State Government may, by notification in the official Gazette- (a) delegate all or any of its powers under this Act, except the power to make rules, to the Board or the Settlement Commissioner or the Director of Land Records or a Collector, or (b) Direct that any duties imposed and powers conferred by this Act or this rules made there under or by any other law for the time being in force or the rules made under such other law on any officer or authority appointed or constituted under this Act or the rules made there under shall be performed and exercised by any other lawfully appointed or constituted officer or authority specified in the notification, whether such other officer or authority shall have been appointed or constituted under this Act or the rule made there under or under any other law for the time being in force or the rules made under such other law, or. (c) require the Board or any other officer to perform the duties and exercise the powers imposed and conferred by this Act or the rules made there under on the Settlement Commissioner or the Director of Land Records, or (d) authorise any authority or officer lawfully constituted or appointed to delegate its or his powers under this Act or under any other law for the time being in force, except the power to make rules under this Act or under such other law, to any other authority or officer constituted or appointed under this Act or the rule made thereunder any other law for the time being in force or the rules made under such other law. (2) Doubts having been expressed as to the Scope of the power of delegations, provided for in this section as it stood before the 16th day of November, 1961 it is hereby enacted, for the removal and clarification of such doubts, that, notwithstanding anything contained in any judgment, order or decision of any court (civil or revenue), tribunal or other competent authority and notwithstanding any defect or omission or form, language or reference in any notifications issued by the State Government under this section previously to the said day or any rule of law or interpretation. (a) all delegations of powers and duties made by the State Government under this section before the sixteenth day of November, 1961, shall be deemed to have been lawfully and validly made in terms of sub-section (1) as hereby amended as if such amendments had then been made, and (b) all notifications delegating such powers and duties shall, until superseded, continue to the operative and to have effect according to their tenor" First Schedule-- In item I, substitute "88" for "89" (17) The Rajasthan Mining Settlements Act 1956. (Rajasthan Act 33 of 1956) Section 12-- Omit "The Commissioner and subject to the control of occurring in sub-section (1) Section 22-- Substitute "Collector" for "Commissioner" wherever occurring. (18) The Rajasthan Zamindari and Biswedari Abolition Act, 1959 (Rajasthan Act 8 of 1959. Section 24.-- Substitute "revenue appeal authority" for "Commissioner" wherever occurring. Section 25.-- Substitute "revenue appellate authority" for "Commissioner". Section 26-- Substitute "revenue appellate authority" for Commissioner". (19) The Nathadwara Temple Act, 1959 (Rajasthan Act 13 of 1959). Section 5.-- (1) In sub-section (1), substitute "Collector of Udaipur district" for "Commissioner of Udaipur division". (2) In sub-section (2), substitute "Collector" for "Commissioner". (3) In sub-section (4), substitute "Collector" for "Commissioner". (20) The Rajasthan Panchayat Samiti and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959). Section 2.-- Omit clauses (2) and (3A). Section 44.-- Substitute "Collector" for "Commissioner" Wherever occurring. Section 45-- For the words "The Commissioner of the division in which the Zila parishad lies at which the Commissioner or additional commissioner or any other subordinate officer specially appointed for the purpose by the State Government shall preside as the Commissioner may nominate" substitute" any officer specially appointed by the State Government for the purpose, at which such officer himself or any other officer nominated by him shall preside" Section 49-- Omit "Collector" and "Commissioner" (21) The Rajasthan Municipalities At 1959 (Rajasthan Act 38 of 1959) Section 164-- In sub-section (5) substitute "to the Collector" for "to the Commissioner in the case of a city or to the Collector in any other case". Section 165-- Substitute "to the Collector" for the Commissioner in the case of a city or to the Collector in any other case. Section 241-- In sub-section (4) substitute "Collector" for "Commissioner" Section 248-- In sub-section (5) substitute "to the Collector" for "to the Commissioner" in the case of a city or to the Collector in any other case" Section 296-- In clause (a) substitute "Collector" for "Commissioner" and "District" for "Division" Section 300-- (1) In sub-section (1). (a) substitute "any officer or authority authorised in this, behalf by the State Government" for "In the case of a city the officer or authority authorised in this behalf by the State Government or in the case of any other municipality the Commissioner", and (b) Omit "a Commissioner or". (2) In sub-section (2), Omit "or the Commissioner".