Authorities under the Act.
(1) Authorities mentioned in column (2) shall be under the superintendence and administrative control of the authorities mentioned in column (3) of the table below:-
|
Sl.No.
|
Authorities
|
Superintendence and control
|
|
1
|
2
|
3
|
|
(1)
|
Chairman of Settlement Commission, President Tribunal and Commissioner
|
The State Government
|
|
(2)
|
Members of Tribunal
|
President of Tribunal
|
|
(3)
|
M ember of Settlement commission
|
Chairman of Settlement Commission
|
|
(4)
|
Registrar of Tribunal
|
President Tribunal
|
|
(5)
|
Registrar of Settlement Commission
|
Chairman of Settlement Commission,
|
|
(6)
|
Special Commissioner, Additional Commissioner and Joint Commissioner and All other Officers
|
Commissioner
|
(2) The Settlement Commission, President of Tribunal and Commissioner shall have jurisdiction over whole of the State.
(3) The Chairman and members of the Settlement Commission shall exercise powers and perform the functions assigned to them under section 65 of the Ordinance and rules framed there under.
(4) President and members of the Tribunal shall exercise the powers and perform the duties assigned to them under section 57 and rules framed there under.
(5) The Commissioner shall exercise the powers and perform the duties assigned to him under the Ordinance and the rules framed there under and shall have all powers exercisable by subordinate authorities other than the appellate authority under section 55.
(6) The Commissioner may issue instructions consistent with the provisions of the Ordinance and the rules made there under to his subordinate officers, generally regulating the procedure to be followed in carrying out the provisions of the Ordinance or the rules made thereunder:
(7) Subject to general control of the Commissioner-
(a) Special Commissioner and all Additional Commissioners shall also exercise powers vested in the Commissioner;
(b) All Joint Commissioners and Deputy Commissioners shall exercise the powers conferred upon and perform the duties assigned to them by or under the Ordinance or the rules made there under.
(c) All other officers shall exercise the powers and perform the duties as may be assigned to them under the Ordinance and rules framed thereunder.
(8) The State Government may, for the purpose of carrying out the provisions of the Ordinance or rules framed there under, appoint or post such other officers by name or by designation as it may deem fit.
(9) Authorities under the Ordinance shall exercise their powers in their respective jurisdictions as may be prescribed or as may be notified by the State Government in exercise of the powers vested in it under the rules.
(10) Except Chairman and Members of the Settlement Commission, President and Members of the Tribunal, all other authorities shall, subject to superintendence and general control of the Commissioner, exercise powers as are consistent with the provisions of the Ordinance or these Rules. Provided that in the exercise of such superintendence and control, no order, instructions or directions shall be given by the Commissioner so as to interfere with the discretion of the Appellate Authority in the exercise of its appellate functions.
Provided that in the exercise of such superintendence and control, no order, instructions or directions shall be given by the Commissioner so as to interfere with the discretion of the Appellate Authority in the exercise of its appellate functions.
(11) Notwithstanding any thing contained in any other rule, when any officer is unable to discharge his functions owing to illness, absence or any other cause or in the event of any vacancy in any office of Additional Commissioner, Joint Commissioner, the Commissioner shall have power to authorize to discharge the functions assigned to such Additionalcommissioner and Joint Commissioner to other Additional Commissioner or Joint commissioner as specified in the order. Upon the issuing of an order under this sub rule the Additional Commissioner or Joint Commissioner in whose favour such authorization have been made shall have all powers of Additional Commissioner or Joint Commissioner, as the case may be,having Jurisdiction in such office.
(12) The State Government or the Commissioner with prior approval of the State Government shall have power to modify or amend the format of any Form and extend the time limit to file any Form under these rules.
|