(1) The Board may review, and may rescind, alter or confirm any order made by itself or by any of its members in the course of business connected with settlement.
(2) No decree or order passed judicially by it or by any of its members shall be so reviewed except on the application of a party to the case made within a period of ninety days from the passing of the decree or order, or made after such period if the applicant satisfies the Board that he had sufficient cause for not making the application within such period.
(3) Members not empowered to alter each other’s orders.- A single member vested with all or any of the powers of the Board shall not have power to alter or reverse a decree or order passed by the Board or by any member other than himself.
CHAPTER XI MISCELLANEOUS (A) POWERS Conferring of powers.
221. In conferring powers under this Act, the State Government may empower persons by name, or classes of officials generally, by their official titles, and may vary or cancel any such order.
Powers of offices transferred to another district.
222. Whenever any person holding an office in the service of the Government who has been invested with any powers under this Act in any district in the Agra Province or Oudh, is transferred to an equal or higher office of the same nature in any other district in he shall unless the State Government otherwise directs, be held to which he is transferred.
Investment of Assistant Collector with powers of Collector.
223. The State Government may confer on any Assistant Collector of the first class all or any of the powers of a Collector, and all powers so conferred shall be exercised subject to the control of the Collector of the district.
Conferring of powers on Tahsildars and naibTahsildars.
224. The State Government may confer on any Tahsildar all or any of the powers of an Assistant Collector of the first or second class and on any Naib- Tahsildar all or any of the powers of a Tahsildar or of an Assistant Collector of the second class.
Collector to have all powers of an Assistant Collector.
225. The Collector may exercise all or any of the powers of an Assistant Collector under this or any other Act for the time being in force.
226. [***] 1 -------------------------------------------------------- 1-Omitted by UP Act no 1 of 1951.
45 [The Uttar Pradesh Land Revenue Act, 1901] [Section 227-232] Powers of an Assistant Collector in charge of subdivision.
227. An Assistant Collector in charge of a sub-division of a district shall, as such have the following powers:
[(1) to exercise all or any of the powers of an Assistant Collector of the Second Class or a Tahsildar;]
2
(2) To call on owners to erect or repair boundary marks, and in default, to erect or repair and charge the cost to tenure-holders or Gaon Sabhas under Section 29;
(3) to fine for injuries to boundary or survey marks, and in certain cases apportion the charges of repairing boundary or survey marks under Section 30;
(4) to order alterations in the annual registers, under Section 33;
[(5)] [Omitted] 3 [(5a) to enquire into and decide applications made under Section 39.
[(6)] [Deleted] 3
(7) To levy fees for mutation under Section 37, and fines, under Section 38.
(8) To decide disputes and to pass orders, under Sections 40, 41 and 43;
[(9) to (17) [Deleted] 3
(18) to exercise any other jurisdiction or authority which by this Act is expressly conferred on Assistant Collectors.
Powers of an Assistant Collector of first class not in charge of a subdivision.
228. An Assistant Collector of the first class not in charge of a sub-division of a district shall exercise all or any of the powers conferred on an Assistant Collector of the first class in charge of a sub-division in such cases or class of cases as the Collector may, from time to time, refer to him for disposal.
Powers of Assistant Collectors of second class.
229. Assistant Collectors of the second class shall have power to investigate and report on such cases as the Collector or Assistant Collector in-charge of a sub-division of a district may, from time to time commit to them for investigation and report.
Powers of Assistant Record Officers.
230. An Assistant Record Officer may, subject to the control of the Record Officer, exercise all or any of the powers conferred by this Act on Record Officers.
Powers of subordinate authority to be exercised by superior authority.
[231. Where any powers are to be exercised or duties to be performed by any officer or authority under this Act, such powers or duties may also be exercised or performed by an officer or authority superior to him or it.]
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232. [Omitted] 1 ------------------------------------------------------------- 1- Omitted by UP Act no 01 of 1951.
2- Inserted by section 44(a) of UP Act no 30 of 1975.
3- omitted by section 44(b) above Act no.
4- Sub section 69 of UP Act no 8 of 1977.
46 [The Uttar Pradesh Land Revenue Act, 1901] [Section 233-234] (B) Jurisdiction of civil courts Matters excepted from cognizance of Civil Courts.
233 No person shall institute any suit or other proceeding in the Civil Court with respect to any of the following matters:
(a) The arrangement of Lekpals Halkas
(b) Claims by any person to any of the offices mentioned in Section 23 and 25, or to any emolument or fees appertaining such office, or in respect of any injury caused by his exclusion therefrom, or claims by any person to nominate person to such offices;
[(c) [***] 1
(d) the formation of the record-or-righs or the preparation, signing, or attestation of any of the documents contained therein, or the preparation of the annual registers; [(e) to (m).[***] 1 3 {Overriding effect 233 A Notwithstanding anything inconsistent there with contained in any other Act or judgment/ decree/ order or directions of any court, the provisions of this Act, shall be valid and effective.}
(c) Power to make rules Power of Board to make rules.
234. [(1) The Board may, with the previous sanction of the State Government, make rules consistent with this Act in respect of all or any of the following matters, namely:
(a) Prescribing the duties of Tahsildars and Naib-Tahsildars and regulating their postings and transfers and their appointment in temporary vacancies;
(b) Prescribing the forms, methods of preparation, attestation and maintenance of the record-of-rights and other records, maps, field books registers, and lists made or kept under this Act and prescribing the kind of land, if any, in respect of which any such record need not be prepared under Section 32;
(c) Regulating the imposition of lines, under Section 38 for failure to notify successions and transfers.
(d) Regulating the costs which may be recovered in or in respect of any proceeding under this Act;
(e) Regulating the procedure to be followed by any officer (or other person), who under any provision of this Act is required or empowered to take action in any case or proceeding under this Act;
(f) Generally for the guidance of all persons in a case or proceeding under this Act, and for carrying out the provisions of this Act in respect of such case or proceeding;
(g) Regulating the issue of licences to persons to act as petition writers in the Revenue Courts, the conduct of business by such persons and the scale of fees to be charged by them, and the cancellation of such licences for breach of the terms and conditions thereof.
(2) Notwithstanding anything in sub-section (1), all rules made by the State Government or the Board under this section as it stood immediately before the date of commencement of the Uttar Prades Land Laws (Amendment) Act, 1975, and in force on such date shall continue in force until repealed, amended or altered by the competent authority.]
2 47 -------------------------------------------- 1-omitted by UP Act no 01 of 1951.
2-Sub by section 45 of UP Act no 30 of 1975.
3- Ins. by section 3 of UK Act no 05 of 2023.