Section 86 in Rules Under the United Provided Provinces Encumbered Estates Act, 1934
86. [ [Substituted by Notification No. 34-1 (130)-68-1C, dated April 30, 1971, Published in U.P. Gazette Part 1-Kha, dated 8th May 1971, retrospectively w.e.f., 20.5.1949.]
(1)All the powers of a Collector under the Act or the rules made thereunder, except the power to sign an indent for bonds under Rule 54-B, are hereby conferred on all Assistant Collectors, incharge of sub-divisions and judicial Officers appointed exclusively to deal with the revenue cases in districts where the scheme for the separation of Executive and judicial functions is in force in respect of cases in which -(a)the land revenue, nominal or actual of the land of the debtor-landlord is less than five thousand rupees (without deducting the remission for the fall in prices), and(b)the total debts of the debtor landlord are less than one lakh rupees.(2)For the purposes of this rule, in cases in which-(a)the Special Judge has not passed the decree under Section 14, the land revenue shall be taken to be what pertains to the applicant's share of the property, entered in the extract from the most recent khewat filed under Rule with the application under Section 4 (without deducting remission for the fall in prices), and the debts to be as stated in the application under Section 4 or where the written statement has been filed under clause (a) of sub-section (1) of Section 8, the amount of debt mentioned in such statement ;(b)the Special Judge has passed the decree under Section 14, the land revenue shall be taken to be the land revenue of land which is reported by him to the Collector under sub-section (2) of Section 19 (without re-deducting remission for the fall in prices) and the debts to be as decreed by him under Section 14.(3)Both the conditions laid down in sub-rule (1) should be satisfied before a case is taken up by an Assistant Collector incharge of a subdivision or judicial officers appointed exclusively to deal with the revenue cases in district where the scheme for the separation of Executive and judicial functions is in force. Where a doubt arises as to whether or not the amount of land revenue is less than five thousand rupees, or the total debts involved are less than one lakh rupees, the case shall be dealt with the Collector.]
