CHAPTER XIll

A. DELEGATION OF POWERS OF STATE

GOVERNMENT

LPowers under V.P. Land Revenue Act, 1901

307. Under section 18, sub - section (6), of the United Provinces Land
Revenue Act,1901 (U.P .Act No .m of1901), the State Government
0.0_ '0. 4259/F-20-F
Dated Dec_6.1909.have dele gated to Collectors their powers to place Assistant Collec-
tors Ist Class, in charge of one or more sub- divisions of a district
and to remove them therefrom.

308. (1) Under section 18, sub section (6) of the United Provinces Land
Revenue Act 1901 (U.P.Act m of 1901), as amended in its applica-
tion to the areas of the districts of Almora, Pithoragarh and Naini-
tal notified under section 4 of the Kumaon and Uttrakband Zamin-
dari Abolition and Land Reforms'Actl,960 (U.P.Act No.XVII of
1960) the State Government have delegated, as from the first day of July 1966, the
powers of State Government under sub-sectionst l jG) and (4) of the said section is
.to the Collectors of the said districts.

•• OQ ficanon •. o. (2) The above delegation of powers of the State Govern-

3178 (4}!I·A-·69 ment has also been made in the case of districts of Tehri Garhwal
Dated June 30. 1969
and Uttar Kashi as from the first day of July, 1969.

309. (1) Under section 18,sub section (6) of the United Provinces Land
Noti fication N o. Revenue Act,1901, as amended in its application to the Areas of the
475(9}/IA·10(8}·65 Urban areas, as defined in the U.P.Urban Areas Zamindari Aboli-
Dated June 30. 1966. tion and Land Reforms Act, 1956 (U.P.Act No.IX of 1957), situate
in the districts of Garnwal, Almora, Pithoragarh and Nainital.
notified under section 4 of the K.U.Z.A.,1960 (U.P. Act no.XVII of 1960),the State
Government have delegated, as from the first day of July, 1966 the powers ofthe State
Government under Sub-section (1), (3) and (4) of the said section 18 to the Collectors
of the said districts.

161
162 REVENUE MANUA L

Noti fication No. (2) The above delegation has also been made in the case
3178 (9)/lA- 69
of districts ofTehri Garhwal and Uttar Kashi, as from the first day
Dated June 30. 1969.
of July 1969.

IT. POWERS UNDER U. P. ZAMINDARI ABOLmON AND LAND

REFORMS ACT, 1950

31 O.Under section 321 of the U.P. Zamindari Abolition and Land Reforms
Act,1950 (V.P. Act No. I of 1951),the State Government have
Notification No.
6374/IA-1192-53 delegated to the Collectors of the districts to which the said Act ap-
Dated May 13,1954. plies the powers exercisable by the State Government under section
127 of the aforesaid Act.

311.(1) Under section 321 of the U.P.Zamindari Abolition and Land Reforms
Act, 1950 (U.P.Act I of 1951), the State Government have delegated
Notification o.
6374/lA-1192-53 to the Collectors of such districts to which the said Act applies, their
Dated March 8, 1954'power under section 126 of the said Act to issue such orders and
directions to Committees established under section 121 thereof as
may appear to be necessary for purposes of the said Act,the Rules framed thereunder
and in conformity with general directions issued by the Government in this regard
from time to time,subject to the condition that it shall not be exercised in these cases
where appeals are provided under the Act for the Rules framed thereunder and that
the directions for the expenditure from GaQDFund shall relate to only those items on
which the said committees are competent.to incur expenditure.

(2) Subject to the delegation made in sub-paragraph (1) above, the State
Government have further delegated to the Assistant Collectors Incharge of sub-
divisions of the said districts, their power under section 126 of the said Act to issue
directions to the said committees for reconsideration of any resolution or order passed
by them and, pending such reconsideration, to stay action thereon.
 B. RE VEL UE PO WERS

(a) Members of I.A.S. and P.C.S. (Executive Br.)

312. (1) Under section 15, read with section 221 of the United Provinces
Notification No.922/11-LandRevenue Act, 1901, the State Government have conferred
B-75-53dated March the powers of an Assistant Collector, ITclass, on all members of
15 1956and Notifica- th e IA
.• N 5033/IA . .S . an d all mem beTS 0 fth e UP.. C ..S (E xecuave
. Branch)
\ ap- .
non o. -446-
49 Dated October . pointed by direct recruitment and the powers of an Assistant Col-
14, 1960 lector, I class on all members of U.P.C.S. (Executive Branch)
appointed by promotion and all officiating and temporary Deputy Collectors as such,
with effect from the date of taking over charge 'of their duties of first appointment.

(2) A member of the Indian Administrative Service or directly recruited

member of the U.P. C.S. (Executive Branch) who has exercised the powers of an As-
sistant Collector,n Class, for a period not less than three months and has successful-
ly passed part I of the departmental examination, shall be deemed to have been
automatically invested with the powers of an Assistant Collector, I class.

(b) Tehsildars and Naib-Tahsildars

313. Under section 224 read with section 221 of the United Provinces Land
Notification No. 3736 Revenue Act,1901, the State Government have conferred-
(4}/lA-414-53 Dated (i) all powers of Assistant Collector, n class, on all persons who
'June 6,1953. are appointed to be, or to officiate as Tahsildars and Naib Tahsil-
dars,

(ii) all powers of a Tahsildar exercisable as such under United Provinces

Land Revenue Act,1901, on-

(a) all permanent Naib- Tahsildars

(b) all officiating N aib'I'ahsildarswho have officiated as such for a period not
less than two years in all, and

(c) all officiating Naib-Tahsildars who are on permanent Kanungo estab-

lishment and have been in the service of the State for not less than five years.

163
 164 REVENUE MANUA L

314. (1) Under section 15 read with sections 221 and 224 of the U.P.Land
Notification No Revenue Act, 1901 asamended from time to time in its application
3937/IA-1165 (1)54 to the areas to which the U.P.Zamindari Abolition & Land Reforms
Dated Jan.7, 1964. and Act,1950 (U.P. Act No. 1 of 1951) extends,all the Tahsildars of
Notification No. 1498
R7JIA-2587/1959 the said areas have been conferred with all the powers of the As-
Dated July 25, 1960 sistant Collectors of the First class.

(2) Under clause (4) of section 3 of the U.P Zamindari Abolition and Land
='otification Reforms Act, 1950,(U.P.Act no.I of 1951),theState Government
No.3937(A)/IA·1165 {l)have empowered all the Assistant Collectors of FIrst class ap-
54 Dated Jan.7,1964. pointed under notification no.3937/IA-1165 (1)-54 dated January
7,1964 to discharge the functions of Collector under sections 122-
B, 187-A and 211-A of the said Act.

315. (1) Under section 15 read with sections 221 and 224 of the U.P.Land
Notification Revenue Act 1901, (U.P. Act no.m of 1901),as amended in its ap-
No.475(2)/IA-I0(8) 6- plication to the areas of the districts of Almora and Pithoragarh and
Dated June 30,1966. of the district of Nainital [excluding the area thereof specified in
clauses (a), (b) and (c) of sections (2) of section 1 of the Kumaon
and Uttrakhand Zamindari Abolition and Land Reforms Act, 1960 (U.P.Act No.XVII
. of 1960)] and notified under section 4 of the said Act no.XVII of 1960, the State
Government have appointed. as from the first day of July 1966:-

(i) all Tahsildars of the said areas of the aforesaid districts to be Assistant
Collectors of the First class;

(ii) all permanent Peshkars and all such officiating Peshkars of the said areas
who have officiated as such for a period not less than one year in the aggregate as As-
sistantCollectorsofthe second class and to confer, as from the said date.on all the said
permanent and officiating peshkars the powers of a Tahsildar under sections 33, 34,
35,39 and 40 of the said Act no.m of 1901.

Notification No3178 (2) The above provisions have been made in respect of
(2)IA-69 Dated June districts of Tehri Garhwal and Uttar Kashi with effect from 1st
30,1969
day of July, 1969.

316. (1) Under section 15 read with sections 221 and 224 of the U.P.Land
Notification No. 475 Revenue Act (U'P Act No.m of 1901),as amended in its applica-
(7) / IA-IO (8) -65 tion to the areas of the Urban areas,as defined in the U.P. Urban
Dated June 30,1966. Areas Zamindari Abolition and Land Reforms Act, 1956(U.P.Act
 DELEGATION OF POWERS
165

No. IX of 1957),situate in the districts of Garhwal, Almora, Pithoragarh and N ainital

notified under section 4 of the Kumaon and Uttrakband Zamindari Abolition and Land
Reforms Act, 1960 (U.P.Act No.?CVIT of 1960),the State Government have ap-
pointed.as from the first day ofJuly,1966-

(a) all Tabsildars of the said areas to be Assistant Collectors of the First
class;and

(b) all permanent Peshkars and all such officiating Peshkars of the said
areas,who have officiated as such for a period not more than one year in the ag-
gregate,as Assistant Collectors of the Second Class; and

to confer,as from the said date,on all the said permanent and officiat -
ing Peshkars the powers of a Tabsildarunder sections 33,34,35,39 and 40 of the said
Act no.m of 1901.

(2) The above provisions have been made in respect of districts of Tehri
NotificationNo.3178 Garhwal and Uttarkashi with effect from 1st day of July, 1969.
(7)/IA.:69 Dated June
30.1969.

C. APPOINTMENT UNDER U. P. Z. A. & L. R.

ACT, 1950

317. Under section 319 of the Uttar Pradesh Zamindari Abolition and Land
Notification no.868 Reforms Act,1950,the State Government have appointed all Collec-
/IA.450/1951 Dated tors of districts in the areas to which this Act applies to be ex-of-
May 27.1952.
ficio Assistant Compensation Commissioners within their respec-
tive jurisdiction.

(2) Under section 319 of the Uttar Pradesh Zamindari Abolition and Land
Notificationno.869R Reforms Act, 1950, the State Government have appointed all the
/IA.450/1951 Dated Assistant Collectors in charge of subdivisions of a district to which
May 27 . 1952 this A ct app li es to be ex-o ffi ClO
. compensation
. 0 ffi cers Wlithi n th elf.
jurisdiction.
166 REVENUEMANUAL

,D. Delegation of Powers of Collector

3 t8. Under section 3,clause (4),ofthe Uttar Pradesh Zamindari Abolition and
NotificationNo.I-A-2-Land Reforms Act,1950(U.P. Act No.! of 1951), the State Govern-
I (2)-68Dated ment have empowered all the Sub-divisional Officers in Uttar
Dec.5,1968 Paradesh to discharge all the functions of a Collector under the said
Act,except those under section 198 of the said Act .

. 319. Under.clause (4) of section 3 of U.P.Zamindari Abolation and Land

Notificatio~~o.I/In6 Reforms Act,1950(U.P.Act no.! of 1951),the State Government
. (i)(6) -Ra-7 Dated have empowered all the Assistant Collectors of! class on whom
lart.17,1976.
powers as such have been conferred under Rajasva(Ka) Vibhag's
notification no. 1493-Rz./IA-2587-59 dated July 25,1960,to dis-
..charge the functions of Collector under section 282 of the aforesaid Act in cases in
which the sum of money recoverable as arrears of land revenue does not exceed
Rs.3000/-; '.

320. Under clause (4) of section 3 of the U.P.Zamindari Abolition and Land
NotificationNo.l'I1n6Reforms Act,1950(U.P. Act. No.I of 1951), the State Government
(i) (6)-Ra-7 Dated have empowered all the Assistant Collectors of the First Class who
lan_17,1976. are incharge of the sub-divisions to discharge the functions of a
'Collector' under section 284 of the said Act.

321. Under section 223 ofU.P. Land Revenue Act,1901(U.P.Aci No.m of

NotificationNo.U.O. 1901),the State Government have empowered all the Assistant
877/1(104) ns- Ra -I Collectors of First class incharge of sub-division to discharge the
Datedlan.24,1976.. functions of collector under section 210 of the said Act in areas in
respect of which notifications have been issued:-

(1) Under section 4 of the U.P. Zamindari Abolition and Land Reforms Act,
1950 (U.P.Act No.! of 1951)

(2) Under section 15 of Jaunsar Bawar Zamindari Abolition and Land

Reforms Act, 1956 (U.P. Act no.11 of 1956)

(3) Under section 8 of U.P. Urban Areas Zamindari Abolition and Land
Reforms Act,1956 (U.P. Act No.IX of 1957),

, (4) Under section 4 Kumaon and Uttrakhand Zamindari Abolition and Land
Reforms Act, 1960 (U.P.Act no .xVII of 1960).
 E. DELEGATION OF POWERS OF TAHSILDAR

322. In Zamindari abolition areas of the State,under section 224 of the U.P.
Notification No. 1150 Land Revenue Act,190 1,the powers of a Tabsildar under sections
(B)Rs /lA 130058 33,35 and 40 of the said Act,as amended by the U.P. Zamindari
Dated August 31. 1950. Abolition and Land Reforms Act,1950 have been conferred on-

(i) all permanent Naib- Tabsildars;

(ii) all officiating Naib- Tahsildars who have officiated as such for a period
aggregating not less than one year in all;and

(iii) all officiating Naib-tabsildars who are on the permanent cadre ofKanun-
gos and have been in service of the State for not less than two and a half years.

323. Under section 224 of the U.P. Land Revenue Act, 1901 (U.P.Act no.Ill
NotificationNo.1/3(71of 1901),the State Government have conferred the powers of a
(I-57) Ra-7 Dated Tahsildar for the purpose of section 280 and section 281 ofU.P.
Dec.4.1974 and notifica- .
tion No. /ln6(6)-Ra-7 Zamindari Abolition and Land Reforms Act,1950(U.P. Act No. I
Dated Jan •.17. 1976. of 1951) on

(1) all permanent N aib- Tabsildars,

(2) all officiating Naib-tabsildars who have officiated as such for a period ag-
gregating not less than one year in all,

(3) all officiating Naib- Tabsildars who are onthe permanent cadre ofKanun-
gos and have been in the service of thestate for not less than two and a half years.

324. Under section 224 read with section 221 of the United Provinces Land
Revenue Act, 190 1 as extended undernotification no.31 09/IA dated October 18. 1947,
the State Government have conferred all the powers of a Tabsildar exercisable under
the said Act as extended on (1) all permanent Pesbkars, and (2) all persons for the time
being officiating as Pesbkars,who have officiated as such for a period aggregating not
less than two years in all.
167
168 REVENUE MANUA L

F. Delegation of Powers under the V.P. Consolidation of

Holdings Act, 1953
324. A (1) Under section 44 of the Uttar Pradesh Consolidation of Holdings
Notification No.3741-Act,1953 (U.P.Act no.5 of 1954),the State Government have con-
CH!IE-454-63 Dated ferred the power of declaration and notification for bringing under
Nov.21,1963. C onso lid'anon operations
. a distri
stnct or part the reo f un d er su b sec-
tion (1) and (2) of section 4 of the aforesaid Act on the Consolida-
tion Commissioner.

(2) Under section 44 of theUttar Pradesh Consolidation of Holdings Act,1953

(U.P. Act No.5 of 1954), the State Government have conferred
Notification No.83/3/l-
A -813-1954-Rev (A) the power under section 6,sub-section (1) for the cancellation of
Dated Oct. 19,1956. no tificati
canon u nd er section
. 4 0fth e aroresai
& id A ct on the C on-
solidation Commissioner.

325.Under section 44,sub-section (1) of the Uttar Pradesh Consolidation of

Notification No. 1/51Holdings Act,1953(U.P. Act no.5 of 1954)as amended from time
67-1-EDated to time, the State Government have delegated their power to ap-
Sept, 12,1967. point Assistant Settlement Officers (Consolidation) under section
42,subsection (l) of the aforesaid Act for the disposal of appeals
filed in the courts of the Settlement Officers (Consolidation) to the Consolidation
Commissioner, Uttar Pradesh or the Director of Consolidation,Uttar Pradesh.

326. Under section 44,clause(2), of the U.P. Consolidation of Holdings

Notification No. 1/3- Act,1953(U.P.Act no.5 of 1954) the State Government have con-
67 -IE Dated Jan.29, ferred the powers of Director of Consolidation under section 48 of
1968. the aforesaid Act on all Additional District Magistrates (Executive)
of Consolidation Districts.

G. Authorisation under V.P. Imposition of Ceilling on

Land Holdings Act,1960

327. In exercise of the powers under clause (13) of section 3 of the Uttar
Notification No. 1-5 Pradesh Imposition of Ceilling on Land Holdings Act, 1960 (U.P.
(ll/1986-Ra-l Dated Act No.1 of 1961) and in supersession of Government Notification
Oct.31,1986. 5)/7'
No.l-l( J-Rajasva-I dated July 7,1973, the State Government
have empowered all the Collectors and Additional Collectors to per-
form the functions of the prescribed Authority under the aforesaid Act in the district
to which they are posted