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Quasi Judicial Procedures-1

Learn about quasi-judicial processes, inquiries, and serving notices under Maharashtra Land Revenue Rules of 1967. Enhance functional skills needed for efficient Revenue Court operations.

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Quasi Judicial Procedures-1

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  1. Quasi Judicial Procedures-1 Pralhad Kachare Additional Collector Registrar & Director, Centre for Right to Information YASHADA, Pune pkachare@gmail.com

  2. What is quasi judicial Process? • The action taken and discretion exercised by public administrative agencies or bodies that are obliged to investigate or ascertain facts and draw conclusions from them as the foundation for official actions.

  3. What is quasi judicial Process? • Quasi-judicial activity is limited to the issues that concern the particular administrative authority.

  4. A General Rule • As a general rule, the scope of a hearing depends on the importance of the right at issue. • Quasi-judicial action by an administrative agency may be appealed to a court of law.

  5. What is quasi-judicial inquiry • An administrative agency must hold a formal hearing only when required by statute. • A formal hearing is a complete hearing with the presentation of testimony, evidence, and arguments. • An informal hearing usually is a simple meeting and discussion between an agent of the agency and the individual affected by the agency's actions

  6. Maharashtra Land Revenue (Procedure of Revenue Officers) Rules, 1967 • Mode of serving summons • Where the person serving a summons serves it by tendering or delivering a copy of it to the person summoned. • he shall require the signature or the attested thumb impression of the person to whom the copy is tendered or delivered to be endorsed in acknowledgement of service on the original summons.

  7. Mode of serving notice -- • Where a summons is served by affixing a copy of it to some conspicuous part of the usual residence of the person summoned, • the person serving the summons shall return the original copy of the summons to the revenue or survey officer by whom it was issued with a report endorsed thereon or annexed thereto stating that he has affixed the copy, • the circumstances under which he did so and the name and address of the person in whose presence the copy was affixed. • The report shall be attested by the person in whose presence the service was effected.

  8. Mode of serving notice on authorised agent • Where the authorised agent on whom a notice under the Code is to be served is a legal practitioner, the notice may be served by leaving a copy thereof at his office or at the usual place of his residence, and such service shall be deemed to be as effectual as service on the authorised agent personally. • (2)  Where the person on whom a notice is to be served cannot be found and such person has no authorised agent, service may be on any adult member of the family of such person who is residing with him. • Explanation :- For the purpose of this sub-rule, a servant shall not be deemed to be a member of the family of the person on whom the notice is to be served.

  9. Mode of serving notice on authorised agent • Where a notice is served either by tendering or delivering a copy thereof personally to the person on whom it is to be served or his authorised agent, he shall require the signature or thumb impression of the person to whom the copy is tendered or delivered to be endorsed in acknowledgement of service, on the original notice.

  10. Mode of serving notice on authorised agent • Where a notice is served by affixing a copy thereof at the last known place of residence of the person on whom the notice is to be served the person serving the notice shall return the original copy of the notice to the officer who issued it, • with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, • the circumstances under which he did to the name and address of the person in whose presence the copy was affixed; • and where the copy is affixed at the last known place of residence of the person on whom the notice is to be served, the report shall also contain the name and address of the person by whom the house was identified and shall be attested by the person in whose presence the service was made or person by whom the house was identified.

  11. Revenue Court • Revenue Courts deal with making and maintenance o f record of rights in land. • assessment and collection of land revenue and other matters relating to land and its liabilities.

  12. Functional Skills Needed • The quasi-judicial function is a challenge to everyone who occupies office as the Revenue Court. • To be able to respond to such a noble assignment of dispensing justice efficiently and impartially, a trial revenue court, has to improve his knowledge and skills on :

  13. Fair Trial • The concept and concerns of a fair trial and its operational parameters. • The concept of a fair Revenue Court, a pro-active Revenue Officer, a firm executive and administrator. • The methods of fact-finding in quasi-judicial proceedings. • The art of judgment-order-award writing (in original and appeal cases). • The science of value determination and damages calculation.

  14. Management of Revenue Court • Management of revenue court proceedings in a fair, dignified, orderly manner. • Management of case flow, information, accounting records, revenue staff, media, etc. • Updating knowledge of human rights jurisprudence, right to information consumer protection and emerging areas of litigation brought about by technological changes. • Improving professional skills and ethics. • Changing social order and democratic governance under rule of law.

  15. Qualities of a Revenue Officer : (1) Graciousness : A trial revenue court should cultivate: a) the ability to be gracious and to listen attentively to the parties and their cases. b) A good hearing is soothing to the soul. c) So the Revenue Officer should make point to show interest in every case, no matter how unimportant it seems to be.

  16. (2) Moral Courage a) A Revenue Officer should not expect to be cheaply popular. b) Revenue Officer should develop thecourage to do justice whatever the consequences.

  17. Reputation for Fairness a) This is something one can develop only by actually being fair and giving such an impression to the people concerned. b) How a Revenue Officer conducts his or her private life as well as the his/her manner in the courtroom can give the appearance of unfairness even in case of a Revenue Officer who is, in fact, fair.

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