Section 198
. Cases in which legal practitioners may appear . —A —A legal practitioner shall be entitled to appear in any proceeding on behalf of a party before a revenue court under the provisions of this Act in the following cases only and in no others—
198 . Cases in which legal practitioners may appear . —A —A legal practitioner shall be entitled to appear in any proceeding on behalf of a party before a revenue court under the provisions of this Act in the following cases only and in no others—
(i) to file a written statement, and to argue a case, before a confirming court,
(ii) to prosecute and defend cases under Chapters IX and X and Part III of Chapter XII, and
(iii) to file an application for revision under section 187 and to argue the case before the court hearing such application.
199 . Persons who may appear before a revenue court . —A —A party to a proceeding or his authorised agent may appear, plead or act before a revenue court.
200 . Costs in revenue courts . —A —A revenue court may allow and apportion the costs of any proceeding under this Act in any manner it thinks fit, but if it orders that costs shall not follow the event, it shall record its reasons for the order.
201 . Power of revenue court to summon persons . — (1) A revenue court may summon any person whose attendance it considers necessary for the purpose of disposing of any proceeding before it.
(2) Unless exempted from personal appearance in court under sub-section (1) of section 133 of the Code of Civil Procedure, 1908 (Act 5 of 1908), a person so summoned shall appear at the time and place mentioned in the summons in person or, if the summons so allows, by his authorised agent.
(3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes a statement, and to produce such document and other thing relating to any matter which may be within his power or possession as the court may require.
202 . Mode of service of summons or notice . — (1) A summons issued by a court acting under this Act shall, if practicable, be served (a) personally on the person to whom it is addressed, or failing him on (b) his authorised agent or (c) an adult male member of his family who is residing with him.
(2) If service cannot be so made, or if any person mentioned in sub-section (1) refuses to accept service, the summons may be served by posting a copy thereof at the usual or last known place of residence of the person to whom it is addressed, or, if that person does not reside in the tahsil in which such court is held, and the case to which the summons relates has reference to land in that tahsil, then by posting a copy of the summons on some conspicuous place in or near the estate wherein the land is situated.
(3) If the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, if the court so directs, be served by delivery of a copy thereof to such of those persons as the court nominates in this behalf and by proclamation or publication in a local paper of the contents thereof for the information of the other persons interested in such case.
(4) A summons may, if the court so directs, be served on the person named therein, either in addition to, or in substitution for, any other mode of service, by forwarding the summons by post in a letter addressed to such person under a certificate of posting.
(5) When a summons is served in accordance with the provisions of this section, it shall be deemed to have been duly served.
(6) For the purposes of this section " summons " shall include a " notice " which a court may issue under this Act.
CHAPTER XVI
POWER TO MAKE RULES
203 . Power to make rules . — (1) The Chief Commissioner may make rules for the purpose of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) for demarcation of pasture land and niji jot;
(b) for the attestation of leases and agreements;
(c) for the collection and disbursement of cesses, or assessment and recovery of irrigation dues, and for decision of disputes in respect of them;
(d) for the training of patwaris and girdawars;
(e) regulating the appointment and transfer of girdawars and patwaris, and other staff required for the maintenance of the record -offrights, their salaries, qualifications, duties, leave, removal, dismissal or any other punishment;
(f) prescribing the form, contents, method of preparation, attestation and maintenance of the record -offrights, annual registers, maps, field-books, and other records to be kept under this Act;
(g) for the erection of boundary and survey marks, and for their repairs and renewals, and for the recovery of costs in respect of such erection, repairs or renewals;
(h) for providing the principles on which the part of the holding from which a tenant is to be ejected be determined and for the demarcation of such part;
(i) for recording transfers and changes affecting interest in land, whether proprietary or otherwise;
(j) regulating the imposition of fines for failure to notify succession or transfer;
(k) for the appointment of lambardars and patels, the duties to be performed by them, the remuneration, if any, to be paid to them and for their removal and dismissal;
(l) for appeals or other modes of obtaining redress in cases of punishments inflicted on girdawars, patwaris, and other employees of land records establishment, and on lambardars and patels;
(m) for the guidance of officers in cases for the determination, enhancement, abatement and commutation of rent;
(n) for the guidance of record officers and rent-rate officers;
(o) for the remission and suspension of rent and revenue in agricultural calamities;
(p) defining the powers of various classes of officers and revenue courts to hear and dispose of cases;
(q) for the establishment of honorary courts and village punchayats and for regulating their work; and
(r) for collection of fines, compensation, damages or other sums imposed, awarded or ordered to be paid under the provisions of this Act and the rules made thereunder.
1 [(s) for the levy of a fee in respect of any application or the grant of any relief under this Act in cases not specifically provided for.]
(3) In making any rule the Chief Commissioner may provide that any contravention of such rule shall be punishable with a fine not exceeding fifty rupees.
(4) All rules made under this Act shall be published in the Official Gazette and shall also be laid before Parliament, as soon as may be, after such publication.
CHAPTER XVII
TRANSITIONAL PROVISIONS
204 . Reinstatement of tenant ejected before commencement of this Act . — (1) If, between the first day of June, 1942 and the commencement of this Act, the landlord of an estate mentioned in the Second Schedule had ejected a tenant from his holding, otherwise than in accordance with the Ajmere Land and Revenue Regulation, 1877 (2 of 1877), such tenant may, within 2 [nine months] of such commencement, apply to the tahsildar to be reinstated in such holding.
(2) An application under this section shall state—
(i) the Khasra number and area or other description of such holding and the name and address of the person who is in possession thereof;
1. Ins. by Act 63 of 1950, s. 2 (w.e.f. 1-12-1950).
2. Subs. by s. 3, ibid., for “three months” (w.e.f. 1-12-1950).
(ii) if such holding is held by a tenant, the khasra, number and area of other land in the possession of the landlord which may be given to the applicant in lieu of the holding from which he was so ejected; and
(iii) such other particulars as may be prescribed.
(3) The tahsildar shall, after hearing the parties and making such other inquiry as he deems fit, order— r—
(i) if such holding is in the possession of the landlord, that the applicant be reinstated in such holding; and
(ii) if such holding is held by a tenant, that an area of the land mentioned in clause (ii) of sub -section (2) or any other land in the possession of the landlord which is approximately equal in value to the holding from which the applicant was so ejected be allotted to him and demarcated on the spot.
(4) If the applicant cannot be reinstated in his holding under clause (i), or allotted other land under clause (ii) of sub-section (3), the tahsildar shall award to the applicant monetary compensation which shall be six times the annual rental value of the holding from which he was so ejected calculated at sanctioned rates applicable to hereditary tenants, recover the amount of such compensation as arrears of revenue and pay it to him.
(5) No person shall be reinstated in his holding under this section unless, within such time as may be allowed by the tahsildar, he pays to the landlord compensation, calculated in accordance with the provisions of this Act, for any improvement on such holding made by such landlord.
(6) The applicant shall be a hereditary tenant of the land in which he is reinstated or which is allotted to him under this section.
(7) The tahsildar shall, after deciding the case, submit the record for confirmation of the order passed by him to the sub-divisional officer.