The Kerala Board of Revenue Abolition Act, 1996

[Translation  in  English  of  “1996-ലലെ  കകേരള റവനനന്യൂ  കബബോർ ഡഡ
നനിർത്തലെബോക്കൽ ആകേ ഡടഡ" published under the authority of the Governor.]
 ACT 14 OF 1997
THE KERALA BOARD OF REVENUE ABOLITION ACT, 1996*
AN
ACT
to provide for the abolition of the Board of Revenue and for matters
connected therewith.
Preamble.—WHEREAS it is expedient to provide for the abolition of the
Board of revenue and for matters connected therewith;
      BE it enacted in the Fourty-seventh Year of the Republic of India as
follows:—
1. Short title and commencement.—(1) This Act may be called the Kerala
Board of Revenue Abolition Act, 1996.
(2) It shall come into force on 1such date as the Government may by
notification in the Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appropriate authority” means the Commissioner or the District
Collector as specified by the Government under sub-section (1) of section 4
*Received the assent of the Governor on the 3 rd day of December, 1997 and published in the
Kerala Gazette Extraordinary No. 458 dated 17th March, 1998.
1. 1st day of July 1998 vide  S.R.O.No. 507/98 dated 20.06.1998 published in the Kerala Gazette
Extraordinary No. 961 dated 20.06.1998.
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(b) “Board of Revenue” means the Board of Revenue for the State
constituted under the Kerala Board of Revenue Act, 1957 (7 of 1957);
(c) “Commissioner” means a commissioner appointed under section 5;
(d) “law” includes any rule, bye-law, regulation, notification, scheme,
form or government order;
(e) “State” means the State of Kerala;
3. Abolition of Board of Revenue.— The Board of Revenue shall stand
abolished on and from the date of commencement of this Act.
4. Powers of Board of Revenue and Member of Board of Revenue to
be exercised by Government or appropriate authority. — (1) The jurisdiction
and powers vested in and duties performed by the Board of Revenue or  any
Member  of  the  Board  of  Revenue  immediately  before  the  date  of  the
commencement of this Act, by or under any law, shall be vested in, and
performed by—
(a) the Government; or
(b) the Commissioner;
(c) the District Collector, as may be specified in this behalf by notification
in the Gazette, in respect of such matters, and with effect from such date, as
may be specified in such notification.
(2) The Government may, by notification in the Gazette, modify or cancel
any notification issued under sub-section (1).
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Explanation.— For the purposes of this section, the jurisdiction and powers
vested in, and the duties performed by, any Member of the Board
of Revenue shall include the jurisdiction and powers vested in,
and the duties performed by, such Member, either in the capacity
of the Member of the Board of Revenue as such or by virtue of
an authorisation made by or under any law.
5.  Appointment of Commissioners. — (1) The Government may, by
notification in the Gazette, appoint Commissioners not exceeding five for the
purposes of section 4.
(2) The Government may, by notification in the Gazette, modify or
cancel any appointment made under sub-section (1).
6. Act to override other laws .—The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any
other law for the time being in force.
7. Construction of references to “Board of Revenue” or “Member of Board
of Revenue” or “Standing orders of the Board of Revenue” .—  (1) In the
application of any law, any reference by whatever form of words to the Board of
Revenue or member of the Board of Revenue shall, unless the context otherwise
requires, be deemed to be a reference to the Government or the appropriate
authority specified in the notification under sub-section (1) of section 4.
(2) The Standing orders of the Board of Revenue as in force on the date
of the commencement of this Act shall, on and from the said date, be called
“Revenue Standing Orders”, and continue in force until altered, amended or
rescinded by the Government.
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 8.  Power to Remove difficulties .—(1)  If any difficulty arises in
giving effect to the provisions of this Act, the Government may, by order
notified in the Gazette, make such provisions or give such directions, not
inconsistent with the provisions of this Act, as appear to them necessary or
expedient for the purpose of removing the difficulty:
       Provided that no such order shall be made under after the expiration
of two years from the date of commencement of this Act.
(2)  In particular, and without prejudice to the generality of the foregoing
power, any such notified order may provide  for the transfer of any matter
pending immediately before the date of the commencement of this Act before the
Board of Revenue or a Member of the Board of Revenue to the Government or
the appropriate authority specified in the notification under sub-section (1) of
section 4.
(3) Every notified order made under this section shall, as soon as may be
after it is made, be laid before the Legislative Assembly.
9. Power to make rules .— (1) The Government may, by notification in the
Gazette, make rules to carry out all or any of the purposes of this Act.
 (2) Every rule made under this Act shall be laid, as soon as may be after
it is made, before the Legislative Assembly while it is in session for a total
period of  fourteen days which may be comprised in one session or in two
successive sessions, and if, before the expiry of the session in which it is so laid,
or  the  session  immediately following,  the  Legislative  Assembly  makes  any
modification in the rule or decides that  the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the
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case may be; so however that any such modification or  annulment shall be
without prejudice to the validity of anything previously done under that rule.
10. Repeal.— The Kerala Board of Revenue Act, 1957 (7 of 1957), is hereby
repealed.
 (2) Notwithstanding such repeal—
(i) any application, appeal or revision or other proceedings pending  before
the Board of Revenue or any Member of the Board of Revenue under any law for
the time being in force at the date of the commencement of this Act shall be
transferred to the Government or to the appropriate authority as specified in the
notification under sub-section (1) of section 4.
(ii)  Anything  done  or  any  action  taken  including  any  order  passed
or any decision taken by the Board of Revenue or by any Member of the Board
of Revenue in accordance with any law for the time being inforce before the
commencement of this Act shall be deemed, to have been done, taken, passed or
issued by the Government or the appropriate authority.

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