OF REVENUE-OFFICERS: THEIR POWERS AND PROCEDURECentral

Section 19 of The Central Provinces Land-Revenue Act, 1881

The Chief Commissioner may, with the previous sanction of the Governor General in Council, make rules consistent with this Act for regulating the procedure of Revenue-officers in cases for which a procedure is not prescribed by this Act, and may, by any such rule, direct that any provisions of the Code of Civil Procedure shall apply, with or without modification, to all or any classes of cases before Revenue-officers.

Summary

This section allows the Chief Commissioner to make rules to regulate the procedure of Revenue-officers.
These rules are made for situations where the Act itself does not already prescribe a specific procedure.
The Chief Commissioner must obtain the previous sanction of the Governor General in Council before making these rules.
Through these rules, the Chief Commissioner can apply provisions of the Code of Civil Procedure to cases handled by Revenue-officers.
The Code of Civil Procedure rules can be applied either exactly as written or with modifications.

Practical examples

1The Chief Commissioner notices there are no clear steps in the Act for handling a specific type of village dispute, so they draft a new procedural rule and send it to the Governor General in Council for approval.

2To standardize hearings, the Chief Commissioner uses this section to issue a rule that the Code of Civil Procedure's method for swearing in witnesses will apply to all Revenue-officer courts, with a slight modification for rural areas.

FAQ

1. Who has the power to make procedural rules under Section 19 of the Central Provinces Land-Revenue Act, 1881?

The Chief Commissioner has the power to make these rules, with the previous sanction of the Governor General in Council.

2. Can the rules made under Section 19 of this Act contradict the Act itself?

No, the rules made by the Chief Commissioner must be consistent with the Act and only apply to cases where a procedure is not already prescribed.

3. According to Section 19 of the 1881 land act, can civil court rules be used in revenue cases?

Yes, the rules can direct that provisions of the Code of Civil Procedure apply to revenue cases, with or without modification.

Test yourself

Q1.Under Section 19 of The Central Provinces Land-Revenue Act, 1881, whose approval is needed before the Chief Commissioner can make procedural rules?

Q2.What is the main condition for making new procedural rules under Section 19 of the 1881 Land Revenue Act?

Q3.Under Section 19 of The Central Provinces Land-Revenue Act, 1881, which existing legal code can be applied to revenue cases?

Q4.If the Chief Commissioner applies the Code of Civil Procedure under Section 19 of The Central Provinces Land-Revenue Act, 1881, must they use the rules exactly as written?

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