OF REVENUE-OFFICERS: THEIR POWERS AND PROCEDURECentral

Section 12 of The Central Provinces Land-Revenue Act, 1881

Whenever any Assistant Commissioner, Tahsildar or Naib Tahsildar is transferred from one district or tahsil to another, he shall, unless the Chief Commissioner otherwise directs, exercise in the district or tahsil to which he is transferred all the powers with which he was, under any provision of this Act, invested by the Chief Commissioner in the district or tahsil from which he is transferred.

Summary

This provision ensures that transferred officials keep the special powers they were previously given.
It applies to an Assistant Commissioner, Tahsildar, or Naib Tahsildar who moves to a new district or tahsil, which is a local administrative area.
They retain all the powers the Chief Commissioner gave them in their old location.
However, the Chief Commissioner can take these powers away by giving a different direction upon transfer.

Practical examples

1Mr. Singh, a Tahsildar in Raipur with extra dispute-resolution powers, is transferred to Bilaspur in 1883. He automatically keeps his extra powers in Bilaspur because the Chief Commissioner did not say otherwise.

2Ms. Rao, an Assistant Commissioner in Wardha, has Deputy Commissioner powers. When she is transferred to Chanda in 1886, the Chief Commissioner issues an order cancelling those extra powers, so she acts only as a regular Assistant Commissioner there.

FAQ

1. What happens when a Tahsildar is transferred under Section 12 of The Central Provinces Land-Revenue Act, 1881?

Under Section 12 of the 1881 Act, a transferred Tahsildar will keep all the powers they were previously invested with by the Chief Commissioner, unless told otherwise.

2. Can the Chief Commissioner stop an officer from keeping their powers upon transfer under Section 12 of the 1881 land revenue law?

Yes, Section 12 of the 1881 land revenue law allows the Chief Commissioner to direct otherwise, meaning they can prevent the officer from exercising their old powers in the new location.

3. Does Section 12 of the Central Provinces Land-Revenue Act apply to Deputy Commissioners?

No, Section 12 of the Central Provinces Land-Revenue Act specifically lists the Assistant Commissioner, Tahsildar, and Naib Tahsildar as the officers who retain powers upon transfer.

Test yourself

Q1.Under Section 12 of The Central Provinces Land-Revenue Act, 1881, which of the following officers is explicitly mentioned as keeping their powers upon transfer?

Q2.According to Section 12 of the 1881 Land-Revenue Act, what can stop a transferred officer from exercising their old powers in their new district?

Q3.If an Assistant Commissioner was given Deputy Commissioner powers under Section 11 of The Central Provinces Land-Revenue Act, 1881, what happens to those powers if they are transferred to a new district, assuming the Chief Commissioner stays silent, based on Section 12?

Q4.Under Section 12 of the Central Provinces land law, who must have originally invested the transferred officer with powers for this rule to apply?

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